Highway Formula Modernization Act of 2021
Bill: S.2229 | Sponsor: Sen. Kelly, Mark (D-AZ)
Policy area: Transportation and Public Works

Summary:
Highway Formula Modernization Act of 2021
This bill requires the Department of Transportation (DOT) to study the methods and data used to apportion certain federal-aid highway funding and develop recommendations for a new apportionment method. DOT must consult with state departments of transportation and representatives of local governments on the study and recommendations.


To require the Secretary of Transportation to carry out a highway 
          formula modernization study, 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 Modernization Act of 
2021''.

SEC. 2. HIGHWAY FORMULA MODERNIZATION STUDY.

    (a) In General.--The Secretary of Transportation (referred to in 
this section as the ``Secretary''), in consultation with the State 
departments of transportation and representatives of local governments 
(including metropolitan planning organizations), shall conduct a 
highway formula modernization study to assess the method and data used 
to apportion Federal-aid highway funds under subsections (b) and (c) of 
section 104 of title 23, United States Code, and issue recommendations 
relating to that method and data.
    (b) Assessment.--The highway formula modernization study required 
under subsection (a) shall include an assessment of, based on the 
latest available data, whether the apportionment method described in 
that subsection results in--
            (1) an equitable distribution of funds based on the 
        estimated tax payments attributable to--
                    (A) highway users in the State that are paid into 
                the Highway Trust Fund; and
                    (B) individuals in the State that are paid to the 
                Treasury, based on contributions to the Highway Trust 
                Fund from the general fund of the Treasury; and
            (2) the achievement of the goals described in section 
        101(b)(3) of title 23, United States Code.
    (c) Considerations.--In the assessment under subsection (b), the 
Secretary shall consider the following:
            (1) The factors described in sections 104(b), 104(f)(2), 
        104(h)(2), 130(f), and 144(e) of title 23, United States Code, 
        as in effect on the date of enactment of SAFETEA-LU (Public Law 
        109-59; 119 Stat. 1144).
            (2) The availability and accuracy of data necessary to 
        calculate formula apportionments under the factors described in 
        paragraph (1).
            (3) The measures established under section 150 of title 23, 
        United States Code, and whether those measures are appropriate 
        for consideration as formula apportionment factors.
            (4) Any other factors that the Secretary determines are 
        appropriate.
    (d) Recommendations.--The Secretary, in consultation with the State 
departments of transportation and representatives of local governments 
(including metropolitan planning organizations), shall develop 
recommendations on a new apportionment method, including--
            (1) the factors recommended to be included in the new 
        apportionment method;
            (2) the weighting recommended to be applied to the factors 
        recommended under paragraph (1); and
            (3) any other recommendations to ensure that the new 
        apportionment method best achieves an equitable distribution of 
        funds described under subsection (b)(1) and the goals described 
        in subsection (b)(2).
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