[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2804 Introduced in House (IH)]

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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.''.
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