Highway Formula Fairness Act

II 117TH CONGRESS 1ST SESSION S. 706 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 MARCH 11, 2021 Mr. CRUZ (for himself, Mr. CORNYN, and Mr. BURR) 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Highway Formula 4 Fairness Act’’. 5 VerDate Sep 11 2014 00:33 Apr 03, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S706.IS S706 pbinns on DSKJLVW7X2PROD with BILLS 2 •S 706 IS SEC. 2. ADJUSTMENTS TO CERTAIN STATE APPORTION- 1 MENT AMOUNTS. 2 Section 104 of title 23, United States Code, is 3 amended by striking subsection (c) and inserting the fol- 4 lowing: 5 ‘‘(c) CALCULATION OF AMOUNTS.— 6 ‘‘(1) STATE SHARE.—For fiscal year 2022 and 7 each fiscal year thereafter, the amount for each 8 State of combined apportionments for the national 9 highway performance program under section 119, 10 the surface transportation block grant program 11 under section 133, the highway safety improvement 12 program under section 148, the congestion mitiga- 13 tion and air quality improvement program under 14 section 149, the national highway freight program 15 under section 167, and to carry out section 134 shall 16 be determined as follows: 17 ‘‘(A) INITIAL AMOUNT.—The initial 18 amount for each State shall be determined by 19 multiplying the total amount available for ap- 20 portionment by the share for each State, which 21 shall be equal to the proportion that— 22 ‘‘(i) the amount of apportionments 23 that the State received for fiscal year 24 2012; bears to 25 VerDate Sep 11 2014 00:33 Apr 03, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S706.IS S706 pbinns on DSKJLVW7X2PROD with BILLS 3 •S 706 IS ‘‘(ii) the amount of those apportion- 1 ments received by all States for that fiscal 2 year. 3 ‘‘(B) ADJUSTMENTS TO AMOUNTS.— 4 ‘‘(i) IN GENERAL.—The initial 5 amounts resulting from the calculation 6 under subparagraph (A) shall be adjusted 7 to ensure that, for each State, the amount 8 of combined apportionments for the pro- 9 grams shall not be less than an amount 10 equal to— 11 ‘‘(I) 95 percent of the applicable 12 percentage; multiplied by 13 ‘‘(II) the total amount of funds 14 available for apportionment. 15 ‘‘(ii) APPLICABLE PERCENTAGE.—For 16 purposes of this subparagraph, the applica- 17 ble percentage shall be an amount, ex- 18 pressed as a percentage, equal to the 19 quotient of— 20 ‘‘(I) the estimated tax payments 21 attributable to highway users in the 22 State that were paid into the Highway 23 Trust Fund (other than the Mass 24 Transit Account) for the most recent 25 VerDate Sep 11 2014 00:33 Apr 03, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S706.IS S706 pbinns on DSKJLVW7X2PROD with BILLS 4 •S 706 IS fiscal year for which data are avail- 1 able; divided by 2 ‘‘(II) the estimated total tax pay- 3 ments attributable to users in all 4 States that were paid into the High- 5 way Trust Fund (other than the Mass 6 Transit Account) for that fiscal year. 7 ‘‘(2) STATE APPORTIONMENT.—On October 1 8 of each fiscal year described in paragraph (1), the 9 Secretary shall apportion the sum authorized to be 10 appropriated for expenditure on the national high- 11 way performance program under section 119, the 12 surface transportation block grant program under 13 section 133, the highway safety improvement pro- 14 gram under section 148, the congestion mitigation 15 and air quality improvement program under section 16 149, the national highway freight program under 17 section 167, and to carry out section 134 in accord- 18 ance with paragraph (1).’’. 19 Æ VerDate Sep 11 2014 00:33 Apr 03, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\S706.IS S706 pbinns on DSKJLVW7X2PROD with BILLS