Federal highway funds now tied to state traffic obstruction enforcement
H.R. 3880 — Clear the ROADS Act · Filed by Bill Huizenga (R-MI) · 2 cosponsors · Introduced Jun 10, 2025 · Referred to committee
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What it does
This bill directs the Secretary of Transportation to withhold 10% of federal highway funding from states that do not make 'reasonable efforts' to prohibit non-governmental actors from knowingly and recklessly obstructing traffic on federal highways in ways that endanger public safety. The Secretary must certify state compliance by October 1 each year or the funding penalty takes effect; states must comply by the first October 1 after the Secretary issues implementing regulations or after the state holds a legislative session, whichever is later.
Why we flagged it
The bill uses federal highway apportionment as a compliance lever to incentivize state enforcement of traffic obstruction laws. It is a conditional-funding statute, not a direct prohibition or subsidy, and operates through certification and withholding rather than criminal or civil penalties.
What the text implies
- The term 'reasonable efforts' is undefined in the bill itself and will be defined by Secretary regulation (due within 180 days). This creates a gap between enactment and enforceability, and the Secretary's regulatory interpretation will effectively set the compliance bar — a significant delegation of standard-setting to the executive branch.
- The 10% withholding applies to 'each of paragraphs (1) and (2) of section 104(b)' — the bill does not restate what those paragraphs fund, so the actual scope of the penalty depends on reading the cited statute. If those paragraphs cover all federal highway apportionments, the penalty is severe; if they cover only a subset, the leverage is weaker.
- States have until the first October 1 after either (a) the Secretary issues regulations OR (b) the state holds a legislative session, whichever is later. This creates a potential loophole: a state could delay its legislative session to delay the compliance deadline, or the Secretary could delay regulations to delay enforcement.
- The bill does not define what constitutes 'knowingly and recklessly obstructing lawful vehicle transportation' — this language mirrors criminal statutes but is applied here as a civil funding condition. Ambiguity about what conduct triggers the withholding may lead to disputes over state compliance.
- No appeal or dispute-resolution mechanism is specified. States denied certification have no stated recourse other than litigation, creating potential for federal-state conflict and uncertainty about judicial review of the Secretary's certification decisions.
Section numbers refer to the bill text the analysis read — linked under Primary records below.
Who it affects
Citizens benefit from potential reduction in dangerous roadway obstruction and improved traffic safety. However, the standard is vague ('reasonable efforts,' 'reckless obstruction'), creating uncertainty about enforcement and potential for federal overreach into state traffic law; the 10% funding penalty is severe and may harm road maintenance in compliant states if the Secretary's certification process is arbitrary or politically motivated.
Named in the bill
Secretary of Transportation, States, Federal-aid highways, Title 23, United States Code, Section 104(b), Chapter 1 of title 23
Where it stands
2 cosponsors: 2 Republicans.
- Jun 10, 2025 — Introduced · Congress.gov: “Introduced in House”
- Jun 10, 2025 — Referred to House Committee on Transportation and Infrastructure · Congress.gov: “Referred to the House Committee on Transportation and Infrastructure”
Dates and quoted wording are Congress.gov's action record; the timeline shows status changes, not every procedural step.
How this was measured
Analysis — Quorum's AI read the bill text published by Congress.gov (1,768 characters) on May 21, 2026. Section numbers in the findings refer to that text, linked below; transparency and hidden-provision scores are compared against the median of 16,222 analysed bills.
Status and sponsors — Congress.gov's bill record — actions, committee referrals and cosponsors — loaded nightly. The timeline shows status changes, not every procedural action.
As of — page rendered 2026-10-20.
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