II 

117TH CONGRESS 

1ST SESSION S. 2229 

To require the Secretary of Transportation to carry out a highway formula 

modernization study, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 24, 2021 

Mr. KELLY (for himself and Mr. CRUZ) introduced the following bill; which 

was read twice and referred to the Committee on Environment and Public 

Works 

A BILL 

To require the Secretary of Transportation to carry out 

a highway formula modernization study, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Highway Formula 

5 Modernization Act of 2021’’. 

6 SEC. 2. HIGHWAY FORMULA MODERNIZATION STUDY. 

7 (a) IN GENERAL.—The Secretary of Transportation 

8 (referred to in this section as the ‘‘Secretary’’), in con9 sultation with the State departments of transportation 


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1 and representatives of local governments (including metro2 politan planning organizations), shall conduct a highway 

3 formula modernization study to assess the method and 

4 data used to apportion Federal-aid highway funds under 

5 subsections (b) and (c) of section 104 of title 23, United 

6 States Code, and issue recommendations relating to that 

7 method and data. 

8 (b) ASSESSMENT.—The highway formula moderniza9 tion study required under subsection (a) shall include an 

10 assessment of, based on the latest available data, whether 

11 the apportionment method described in that subsection re12 sults in— 

13 (1) an equitable distribution of funds based on 

14 the estimated tax payments attributable to— 

15 (A) highway users in the State that are 

16 paid into the Highway Trust Fund; and 

17 (B) individuals in the State that are paid 

18 to the Treasury, based on contributions to the 

19 Highway Trust Fund from the general fund of 

20 the Treasury; and 

21 (2) the achievement of the goals described in 

22 section 101(b)(3) of title 23, United States Code. 

23 (c) CONSIDERATIONS.—In the assessment under sub24 section (b), the Secretary shall consider the following: 


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1 (1) The factors described in sections 104(b), 

2 104(f)(2), 104(h)(2), 130(f), and 144(e) of title 23, 

3 United States Code, as in effect on the date of en4 actment of SAFETEA–LU (Public Law 109–59; 

5 119 Stat. 1144). 

6 (2) The availability and accuracy of data nec7 essary to calculate formula apportionments under 

8 the factors described in paragraph (1). 

9 (3) The measures established under section 150 

10 of title 23, United States Code, and whether those 

11 measures are appropriate for consideration as for12 mula apportionment factors. 

13 (4) Any other factors that the Secretary deter14 mines are appropriate. 

15 (d) RECOMMENDATIONS.—The Secretary, in con16 sultation with the State departments of transportation 

17 and representatives of local governments (including metro18 politan planning organizations), shall develop rec19 ommendations on a new apportionment method, includ20 ing— 

21 (1) the factors recommended to be included in 

22 the new apportionment method; 

23 (2) the weighting recommended to be applied to 

24 the factors recommended under paragraph (1); and 


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1 (3) any other recommendations to ensure that 

2 the new apportionment method best achieves an eq3 uitable distribution of funds described under sub4 section (b)(1) and the goals described in subsection 

5 (b)(2). 

Æ 


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