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House Bill 2804
116th Congress(2019-2020)
Fair Allocation of Highway Funds Act of 2019
Introduced
Introduced
Introduced in House on May 16, 2019
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Introduced in House 
May 16, 2019
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Introduced in House(May 16, 2019)
May 16, 2019
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H. R. 2804 (Introduced-in-House)


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 following 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 Representatives of the United States of America in Congress assembled,

SECTION 1. Short title.

This Act may be cited as the “Fair Allocation of Highway Funds Act of 2019”.

SEC. 2. Calculation of amounts.

Section 104(c)(1)(B) of title 23, United States Code, is amended—

(1) by striking “The initial amounts” and inserting the following:

“(i) GENERAL RULE.—Except as provided in clause (ii), the initial amounts”; and

(2) by adding at the end the following:

“(ii) SPECIAL RULE FOR FISCAL YEARS 2020 THROUGH 2022.—

“(I) IN GENERAL.—Notwithstanding clause (i), for each of fiscal years 2020, 2021, and 2022, the initial amounts resulting from the calculation under subparagraph (A) shall be adjusted to ensure that each State receives an aggregate apportionment equal to at least 95 percent, but not more than 105 percent, of the sum of—

“(aa) the estimated tax payments attributable to highway users in the State paid into the Highway Trust Fund (other than the Mass Transit Account) in the most recent fiscal year for which data are available; plus

“(bb) an amount which bears the same ratio to the General Fund transfer amount for the applicable fiscal year as—

“(AA) the aggregate of amounts collected in such State under the Federal internal revenue laws (other than the taxes and penalties described in section 9503(b) of the Internal Revenue Code of 1986) in the most recent fiscal year for which data are available; bears to

“(BB) the aggregate of amounts collected in all States under such Federal internal revenue laws in such fiscal year.

“(II) TOTAL APPORTIONMENT.—After the adjustment described in subclause (I), the amount for each State determined under this subsection for each of fiscal years 2020, 2021, and 2022 shall be adjusted by a single multiplicative factor to ensure that the total amount apportioned will not be affected by this clause.

“(III) GENERAL FUND TRANSFER AMOUNT DEFINED.—In this clause, the term ‘General Fund transfer amount’ means, for a fiscal year, the product obtained by multiplying the amount identified in section 9503(f)(8)(A) of the Internal Revenue Code of 1986 by the proportion that—

“(aa) the amount authorized for appropriation under section 1101(a)(1) of the FAST Act for that fiscal year; bears to

“(bb) the aggregate amount authorized for appropriation under section 1101(a)(1) of the FAST Act for fiscal years 2020, 2021, and 2022.”.