April 28, 2025
Mr. Stanton (for himself and Mr. Tony Gonzales of Texas) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure
To amend title 23, United States Code, to provide for a discretionary increase in certain highway funding to take into account population growth of a State, and for other purposes.
Section 1. Short title
This Act may be cited as the Highway Formula Fairness Act
.
Sec. 2. Discretionary increase in certain highway funding for population growth
(a) In general
Section 104(c)(1) of title 23, United States Code, is amended—
(1)
in subparagraph (B)—
(A)
by striking clause (i); and
(B)
by redesignating clauses (ii) and (iii) as clauses (i) and (ii), respectively; and
(2)
by adding at the end the following:
(C) Discretionary increase in amounts for population growth
In addition to the amounts described in subparagraphs (A) and (B), the Secretary may provide an additional amount to each State that has increased in population since the previous decennial census conducted under section 141(a) of title 13, United States Code, in a proportion based on the relative increase in each such population, as determined appropriate by the Secretary .
(b) Applicability
The amendments made by subsection (a) shall apply beginning with the first fiscal year beginning after the date of enactment of this Act.
Sec. 3. Highway formula modernization study
(a) In general
The Secretary of Transportation, 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 such 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 such 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).
(e) Report to Congress
Not later than 90 days after the date of enactment of this Act, the Secretary shall submit to Congress a report containing the study conducted under subsection (a) and the recommendations developed under subsection (d).