Highway Formula Fairness Act
- Bill Number
- H.R. 7776
- Origin Chamber
- House
- Congress
- 119th Congress, Session 2
- Policy Area
- Transportation and Public Works
- Status
- Introduced
- Latest Action
- 2026-03-04: Referred to the Subcommittee on Highways and Transit.
- Last Updated
- 2026-06-03T08:08:40Z
AI-Generated Summary
Purpose This legislation, titled the Highway Formula Fairness Act, modifies the method for calculating and adjusting State apportionments of Federal highway funds under specific programs to tie allocations more closely to historical shares and recent Highway Trust Fund contributions.
Key Provisions
- Replaces the existing subsection (c) of Section 104 of title 23, United States Code, with a new calculation process effective for fiscal year 2026 and each year thereafter.
- Determines each State's combined apportionment share for programs under sections 119, 133, 148, 149, 167, 175, 176(c), and section 134 by first calculating an initial amount based on the proportion of funds the State received in fiscal year 2012.
- Applies adjustments to ensure no State receives less than 95 percent of its "applicable percentage" (its share of estimated Highway Trust Fund tax payments, excluding the Mass Transit Account) multiplied by the total funds available.
- Requires the Secretary of Transportation to apportion authorized funds on October 1 of each applicable fiscal year according to the new formula.
Significant Changes to Existing Law
- Strikes the prior adjustment mechanism in 23 U.S.C. § 104(c) and substitutes a two-step process that starts with 2012 apportionment proportions and adds a contribution-based minimum guarantee.
- Shifts emphasis from the previous allocation rules to a hybrid formula that protects States based on both historical receipts and recent tax contributions to the Highway Trust Fund.
Potential Impacts
- Alters the distribution of Federal highway funds among States, potentially increasing or decreasing annual allocations depending on each State's 2012 share relative to its Highway Trust Fund contributions.
- Affects the Federal Highway Administration's apportionment process and State transportation planning and project funding.
- May influence infrastructure investment levels in States that are net contributors or recipients under the new minimum guarantee.
Main Stakeholders Affected
- All States and the District of Columbia, which receive the apportioned funds.
- The U.S. Department of Transportation and Federal Highway Administration, responsible for implementing the new calculations.
- Highway users and taxpayers whose contributions determine the applicable percentage.
- State departments of transportation and local governments that rely on these funds for road and bridge projects.
Notable Legal, Constitutional, or Political Implications
- Operates under Congress's authority to regulate Federal spending on highways, with no apparent constitutional conflicts.
- Introduces a policy of minimum return based on user tax payments, which may address long-standing debates over equitable allocation between donor and recipient States.
- Requires ongoing data on Highway Trust Fund contributions, potentially increasing administrative coordination between the Treasury Department and the Department of Transportation.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (2)
Rep. Weber, Randy K. Sr. [R-TX-14], Rep. Cuellar, Henry [D-TX-28]
Recent Actions
- 2026-03-04: Referred to the Subcommittee on Highways and Transit.
- 2026-03-03: Referred to the House Committee on Transportation and Infrastructure.
- 2026-03-03: Introduced in House
- 2026-03-03: Introduced in House
Bill Versions
- Highway Formula Fairness Act — issued 2026-03-03 — PDF (4 pages)