Fair Allocation of Highway Funds Act of 2019

I 116TH CONGRESS 1ST SESSION H. R. 2804 To amend title 23, United States Code, with respect to apportionments to States for certain highway programs, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MAY 16, 2019 Mr. FOSTER (for himself and Mr. KUSTOFF of Tennessee) introduced the fol- lowing bill; which was referred to the Committee on Transportation and Infrastructure A BILL To amend title 23, United States Code, with respect to apportionments to States for certain 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 ‘‘Fair Allocation of 4 Highway Funds Act of 2019’’. 5 SEC. 2. CALCULATION OF AMOUNTS. 6 Section 104(c)(1)(B) of title 23, United States Code, 7 is amended— 8 VerDate Sep 11 2014 04:47 May 29, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2804.IH H2804 kjohnson on DSK79L0C42 with BILLS 2 •HR 2804 IH (1) by striking ‘‘The initial amounts’’ and in- 1 serting the following: 2 ‘‘(i) GENERAL RULE.—Except as pro- 3 vided in clause (ii), the initial amounts’’; 4 and 5 (2) by adding at the end the following: 6 ‘‘(ii) SPECIAL RULE FOR FISCAL 7 YEARS 2020 THROUGH 2022.— 8 ‘‘(I) IN GENERAL.—Notwith- 9 standing clause (i), for each of fiscal 10 years 2020, 2021, and 2022, the ini- 11 tial amounts resulting from the cal- 12 culation under subparagraph (A) shall 13 be adjusted to ensure that each State 14 receives an aggregate apportionment 15 equal to at least 95 percent, but not 16 more than 105 percent, of the sum 17 of— 18 ‘‘(aa) the estimated tax pay- 19 ments attributable to highway 20 users in the State paid into the 21 Highway Trust Fund (other than 22 the Mass Transit Account) in the 23 most recent fiscal year for which 24 data are available; plus 25 VerDate Sep 11 2014 04:47 May 29, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2804.IH H2804 kjohnson on DSK79L0C42 with BILLS 3 •HR 2804 IH ‘‘(bb) an amount which 1 bears the same ratio to the Gen- 2 eral Fund transfer amount for 3 the applicable fiscal year as— 4 ‘‘(AA) the aggregate of 5 amounts collected in such 6 State under the Federal in- 7 ternal revenue laws (other 8 than the taxes and penalties 9 described in section 9503(b) 10 of the Internal Revenue 11 Code of 1986) in the most 12 recent fiscal year for which 13 data are available; bears to 14 ‘‘(BB) the aggregate of 15 amounts collected in all 16 States under such Federal 17 internal revenue laws in 18 such fiscal year. 19 ‘‘(II) TOTAL APPORTIONMENT.— 20 After the adjustment described in sub- 21 clause (I), the amount for each State 22 determined under this subsection for 23 each of fiscal years 2020, 2021, and 24 2022 shall be adjusted by a single 25 VerDate Sep 11 2014 04:47 May 29, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2804.IH H2804 kjohnson on DSK79L0C42 with BILLS 4 •HR 2804 IH multiplicative factor to ensure that 1 the total amount apportioned will not 2 be affected by this clause. 3 ‘‘(III) GENERAL FUND TRANS- 4 FER AMOUNT DEFINED.—In this 5 clause, the term ‘General Fund trans- 6 fer amount’ means, for a fiscal year, 7 the product obtained by multiplying 8 the amount identified in section 9 9503(f)(8)(A) of the Internal Revenue 10 Code of 1986 by the proportion 11 that— 12 ‘‘(aa) the amount authorized 13 for appropriation under section 14 1101(a)(1) of the FAST Act for 15 that fiscal year; bears to 16 ‘‘(bb) the aggregate amount 17 authorized for appropriation 18 under section 1101(a)(1) of the 19 FAST Act for fiscal years 2020, 20 2021, and 2022.’’. 21 Æ VerDate Sep 11 2014 04:47 May 29, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H2804.IH H2804 kjohnson on DSK79L0C42 with BILLS