Highway Formula Fairness Act

Subjects: Transportation and Public Works, Air quality, Government trust funds, Regional and metropolitan planning, Roads and highways, Transportation programs funding, Transportation safety and security

Summary:  <p><strong>Highway Formula Fairness Act</strong></p> <p>This bill modifies the formula that the Department of Transportation uses to apportion federal highway funds among the states for the national highway performance program, the surface transportation block grant program, the highway safety improvement program, the congestion mitigation and air quality improvement program, the national highway freight program, and metropolitan transportation planning.</p>

<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 345 Introduced in Senate (IS)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                 S. 345

    To modify a provision relating to adjustments of certain State 
  apportionments for Federal highway programs, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            February 9, 2023

   Mr. Cruz (for himself, Mr. Kelly, and Mr. Cornyn) introduced the 
 following bill; which was read twice and referred to the Committee on 
                      Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
    To modify a provision relating to adjustments of certain State 
  apportionments for Federal highway programs, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Highway Formula Fairness Act''.

SEC. 2. ADJUSTMENTS TO CERTAIN STATE APPORTIONMENT AMOUNTS.

    Section 104 of title 23, United States Code, is amended by striking 
subsection (c) and inserting the following:
    ``(c) Calculation of Amounts.--
            ``(1) State share.--For fiscal year 2024 and each fiscal 
        year thereafter, the amount for each State of combined 
        apportionments for the national highway performance program 
        under section 119, the surface transportation block grant 
        program under section 133, the highway safety improvement 
        program under section 148, the congestion mitigation and air 
        quality improvement program under section 149, the national 
        highway freight program under section 167, the carbon reduction 
        program under section 175, to carry out subsection (c) of the 
        PROTECT program under section 176, and to carry out section 134 
        shall be determined as follows:
                    ``(A) Initial amount.--The initial amount for each 
                State shall be determined by multiplying the total 
                amount available for apportionment by the share for 
                each State, which shall be equal to the proportion 
                that--
                            ``(i) the amount of apportionments that the 
                        State received for fiscal year 2012; bears to
                            ``(ii) the amount of those apportionments 
                        received by all States for that fiscal year.
                    ``(B) Adjustments to amounts.--
                            ``(i) In general.--The initial amounts 
                        resulting from the calculation under 
                        subparagraph (A) shall be adjusted to ensure 
                        that, for each State, the amount of combined 
                        apportionments for the programs shall not be 
                        less than an amount equal to--
                                    ``(I) 95 percent of the applicable 
                                percentage; multiplied by
                                    ``(II) the total amount of funds 
                                available for apportionment.
                            ``(ii) Applicable percentage.--For purposes 
                        of this subparagraph, the applicable percentage 
                        shall be an amount, expressed as a percentage, 
                        equal to the quotient of--
                                    ``(I) the estimated tax payments 
                                attributable to highway users in the 
                                State that were paid into the Highway 
                                Trust Fund (other than the Mass Transit 
                                Account) for the most recent fiscal 
                                year for which data are available; 
                                divided by
                                    ``(II) the estimated total tax 
                                payments attributable to users in all 
                                States that were paid into the Highway 
                                Trust Fund (other than the Mass Transit 
                                Account) for that fiscal year.
            ``(2) State apportionment.--On October 1 of each fiscal 
        year described in paragraph (1), the Secretary shall apportion 
        the sum authorized to be appropriated for expenditure on the 
        national highway performance program under section 119, the 
        surface transportation block grant program under section 133, 
        the highway safety improvement program under section 148, the 
        congestion mitigation and air quality improvement program under 
        section 149, the national highway freight program under section 
        167, the carbon reduction program under section 175, to carry 
        out subsection (c) of the PROTECT program under section 176, 
        and to carry out section 134 in accordance with paragraph 
        (1).''.
                                 &lt;all&gt;
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