I 
117TH CONGRESS 
1ST SESSION H. R. 1853 
To modify a provision relating to adjustments of certain State apportionments 
for Federal highway programs, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 11, 2021 
Mr. ROY (for himself, Mr. CRENSHAW, Mr. JACKSON, Mr. WEBER of Texas, 
Mr. PFLUGER, and Mr. BABIN) introduced the following bill; which was 
referred to the Committee on Transportation and Infrastructure 
A BILL 
To modify a provision relating to adjustments of certain 
State apportionments for Federal highway programs, and 
for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Highway Formula 
Fairness Act’’. 
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SEC. 2. ADJUSTMENTS TO CERTAIN STATE APPORTION-
MENT AMOUNTS. 
Section 104 of title 23, United States Code, is 
amended by striking subsection (c) and inserting the fol-
lowing: 
‘‘(c) CALCULATION OF AMOUNTS.— 
‘‘(1) STATE SHARE.—For fiscal year 2022 and 
each fiscal year thereafter, the amount for each 
State of combined apportionments for the national 
highway performance program under section 119, 
the surface transportation block grant program 
under section 133, the highway safety improvement 
program under section 148, the congestion mitiga-
tion and air quality improvement program under 
section 149, the national highway freight program 
under section 167, and to carry out section 134 shall 
be determined as follows: 
‘‘(A) 
INITIAL
AMOUNT.—The 
initial 
amount for each State shall be determined by 
multiplying the total amount available for ap-
portionment by the share for each State, which 
shall be equal to the proportion that— 
‘‘(i) the amount of apportionments 
that the State received for fiscal year 
2012; bears to 
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‘‘(ii) the amount of those apportion-
ments received by all States for that fiscal 
year. 
‘‘(B) ADJUSTMENTS TO AMOUNTS.— 
‘‘(i) 
IN
GENERAL.—The 
initial 
amounts resulting from the calculation 
under subparagraph (A) shall be adjusted 
to ensure that, for each State, the amount 
of combined apportionments for the pro-
grams shall not be less than an amount 
equal to— 
‘‘(I) 95 percent of the applicable 
percentage; multiplied by 
‘‘(II) the total amount of funds 
available for apportionment. 
‘‘(ii) APPLICABLE PERCENTAGE.—For 
purposes of this subparagraph, the applica-
ble percentage shall be an amount, ex-
pressed as a percentage, equal to the 
quotient of— 
‘‘(I) the estimated tax payments 
attributable to highway users in the 
State that were paid into the Highway 
Trust Fund (other than the Mass 
Transit Account) for the most recent 
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fiscal year for which data are avail-
able; divided by 
‘‘(II) the estimated total tax pay-
ments attributable to users in all 
States that were paid into the High-
way Trust Fund (other than the Mass 
Transit Account) for that fiscal year. 
‘‘(2) STATE APPORTIONMENT.—On October 1 
of each fiscal year described in paragraph (1), the 
Secretary shall apportion the sum authorized to be 
appropriated for expenditure on the national high-
way performance program under section 119, the 
surface transportation block grant program under 
section 133, the highway safety improvement pro-
gram under section 148, the congestion mitigation 
and air quality improvement program under section 
149, the national highway freight program under 
section 167, and to carry out section 134 in accord-
ance with paragraph (1).’’. 
Æ 
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