Highway Funding Equity Act of 2003 - Revises Federal highway funding minimum guarantee provisions. Requires the Secretary of Transportation, for each of FY 2004 through 2009, to allocate among the States amounts sufficient to ensure that: (1) the percentage for each State of the total apportionments for the fiscal year for the National Highway System (NHS), the high priority projects program, the Interstate maintenance program, the surface transportation program, metropolitan planning, the highway bridge replacement and rehabilitation program, the congestion mitigation and air quality improvement program, the recreational trails program, the Appalachian development highway system, and the basic minimum guarantee equals or exceeds 95 percent of the ratio that the estimated tax payments to the Highway Trust Fund (HTF) (other than the Mass Transit Account) attributable to highway users in the State bears to such payments attributable to highway users in all States (with a specified exception for any State having a population density of less than 50 individuals per square mile); and (2) when HTF allocations (other than from the Mass Transit Account, for such programs, emergency relief, and the discretionary minimum guarantee) for the fiscal year have been identified, the percentage for each State of all of those allocations for the fiscal year equals or exceeds the percentage that is equal to 95 percent of such tax payments ratio.
Sets forth provisions regarding: (1) the programmatic distribution of NHS funds exceeding $2.8 billion; (2) the apportionment of the remainder of funds to the States; and (3) required adjustments where the sum of State percentages exceeds 100.
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2208 Introduced in House (IH)]
108th CONGRESS
1st Session
H. R. 2208
To amend title 23, United States Code, relating to the minimum
guarantee program.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 22, 2003
Mr. DeLay (for himself, Mr. Hill, Mr. Alexander, Mr. Ballenger, Mr.
Ballance, Mr. Barrett of South Carolina, Mr. Barton of Texas, Mr.
Beauprez, Mr. Bell, Mr. Bilirakis, Mr. Bishop of Georgia, Mrs.
Blackburn, Mr. Boehner, Mr. Boucher, Mr. Brady of Texas, Ms. Ginny
Brown-Waite of Florida, Mr. Burgess, Mr. Burr, Mr. Burton of Indiana,
Mr. Buyer, Mr. Camp, Mr. Carson of Oklahoma, Ms. Carson of Indiana, Mr.
Carter, Mr. Chocola, Mr. Coble, Mr. Collins, Mr. Combest, Mr. Conyers,
Mr. Culberson, Mr. Davis of Florida, Mr. Davis of Tennessee, Mr. Deal
of Georgia, Mr. DeMint, Mr. Lincoln Diaz-Balart of Florida, Mr.
Dingell, Mr. Doggett, Mr. Edwards, Mr. Ehlers, Mr. Etheridge, Mr.
Feeney, Mr. Ferguson, Mr. Foley, Mr. Forbes, Mr. Ford, Mr. Frost, Mr.
Franks of Arizona, Mr. Gillmor, Mr. Gingrey, Mr. Goode, Mr. Gordon, Mr.
Goss, Mr. Green of Texas, Mr. Hall, Ms. Harris, Mr. Hastings of
Florida, Mr. Hayes, Mr. Hensarling, Mr. Hinojosa, Mr. Hoekstra, Mr.
Hostettler, Mr. Isakson, Mr. Jefferson, Mr. Jenkins, Mr. John, Ms.
Eddie Bernice Johnson of Texas, Mr. Sam Johnson of Texas, Mr. Jones of
North Carolina, Mr. Keller, Mr. Kildee, Ms. Kilpatrick, Mr. Kingston,
Mr. Knollenberg, Mr. Kolbe, Mr. Lampson, Mr. LaTourette, Mr. Levin, Mr.
Lewis of Kentucky, Mr. Linder, Mr. McCotter, Mr. McIntyre, Ms. Majette,
Mr. Marshall, Mr. Meek of Florida, Mr. Miller of North Carolina, Mrs.
Miller of Michigan, Mr. Miller of Florida, Mr. Moran of Virginia, Mrs.
Myrick, Mr. Ney, Mr. Norwood, Mr. Ortiz, Mr. Oxley, Mr. Paul, Mr.
Pence, Mr. Portman, Mr. Price of North Carolina, Mr. Putnam, Mr.
Rodriguez, Mr. Rogers of Michigan, Ms. Ros-Lehtinen, Mr. Sandlin, Mr.
Schrock, Mr. Scott of Georgia, Mr. Sessions, Mr. Shaw, Mr. Smith of
Texas, Mr. Smith of Michigan, Mr. Souder, Mr. Spratt, Mr. Stenholm, Mr.
Stearns, Mr. Strickland, Mr. Stupak, Mr. Tanner, Mr. Tauzin, Mr. Taylor
of North Carolina, Mr. Thornberry, Mr. Tiberi, Mr. Turner of Texas, Mr.
Turner of Ohio, Mr. Upton, Mr. Visclosky, Mr. Wamp, Mr. Watt, Mr.
Wexler, Mr. Wilson of South Carolina, and Mr. Wolf) introduced the
following bill; which was referred to the Committee on Transportation
and Infrastructure
_______________________________________________________________________
A BILL
To amend title 23, United States Code, relating to the minimum
guarantee program.
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 ``Highway Funding Equity Act of
2003''.
SEC. 2. MINIMUM GUARANTEE.
Section 105 of title 23, United States Code, is amended--
(1) by striking subsection (a) and subsections (c) through
(f);
(2) by redesignating subsection (b) as subsection (e);
(3) by inserting after the section heading the following:
``(a) In General.--
``(1) Basic minimum guarantee.--
``(A) In general.--For each of fiscal years 2004
through 2009, the Secretary shall allocate among the
States amounts sufficient to ensure that the percentage
for each State of the total apportionments for the
fiscal year for the National Highway System under
section 103(b), the high priority projects program
under section 117, the Interstate maintenance program
under section 119, the surface transportation program
under section 133, metropolitan planning under section
134, the highway bridge replacement and rehabilitation
program under section 144, the congestion mitigation
and air quality improvement program under section 149,
the recreational trails program under section 206, the
Appalachian development highway system under subtitle
IV of title 40, and the basic minimum guarantee under
this paragraph, equals or exceeds the percentage
determined for the State under subparagraph (B).
``(B) State percentages.--
``(i) In general.--Except as provided in
clause (ii), the percentage for each State
referred to in subparagraph (A) is the
percentage that is equal to 95 percent of the
ratio that--
``(I) 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; bears to
``(II) the estimated tax payments
attributable to highway users in all
States paid into the Highway Trust Fund
(other than the Mass Transit Account)
in the most recent fiscal year for
which data are available.
``(ii) Exception.--In the case of a State
having a population density of less than 50
individuals per square mile according to the
2000 decennial census, the percentage referred
to in subparagraph (A) shall be the greater
of--
``(I) the percentage determined
under clause (i); or
``(II) the percentage specified in
subsection (e).
``(2) Discretionary minimum guarantee.--
``(A) Allocation.--
``(i) In general.--Except as provided in
subparagraph (B), for each of fiscal years 2004
through 2009, on or before September 30 of the
fiscal year, the Secretary shall allocate among
the States amounts sufficient to ensure that,
when all allocations from the Highway Trust
Fund (other than allocations from the Mass
Transit Account, for emergency relief, for the
programs specified in paragraph (1)(A), and for
the discretionary minimum guarantee under this
paragraph) for the fiscal year have been
identified, the percentage for each State of
all of those allocations for the fiscal year
equals or exceeds the percentage that is equal
to 95 percent of the tax payments ratio
determined under clause (ii).
``(ii) Tax payments ratio.--The tax
payments ratio referred to in clause (i) for a
State is equal to the ratio that--
``(I) 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; bears to
``(II) the estimated tax payments
attributable to highway users in all
States paid into the Highway Trust Fund
(other than the Mass Transit Account)
in the most recent fiscal year for
which data are available.
``(B) Exception.--
``(i) In general.--For any fiscal year, no
additional amounts shall be allocated to a
State under subparagraph (A) if the ratio
determined under clause (ii) for the State
exceeds 95 percent of the tax payments ratio
determined under subparagraph (A)(ii).
``(ii) Ratio.--The ratio referred to in
clause (i) for a State is equal to the ratio
that--
``(I) the sum of--
``(aa) the apportionments
to the State for the fiscal
year for the National Highway
System under section 103(b),
the high priority projects
program under section 117, the
Interstate maintenance program
under section 119, the surface
transportation program under
section 133, metropolitan
planning under section 134, the
highway bridge replacement and
rehabilitation program under
section 144, the congestion
mitigation and air quality
improvement program under
section 149, the recreational
trails program under section
206, the Appalachian
development highway system
under subtitle IV of title 40,
and the basic minimum guarantee
under paragraph (1); and
``(bb) the allocations to
the State for the fiscal year
from the Highway Trust Fund
(other than allocations from
the Mass Transit Account and
allocations for emergency
relief); bears to
``(II) the sum of the
apportionments and allocations
specified in subclause (I) to all
States for the fiscal year.
``(C) Obligation limitations.--Obligation
limitations for Federal-aid highways and highway safety
construction programs established by the Act enacting
this subparagraph or any subsequent Act shall not apply
to apportionments for the discretionary minimum
guarantee under this paragraph.
``(b) Treatment of Funds.--
``(1) Programmatic distribution.--The Secretary shall
apportion the amounts made available under this section that
exceed $2,800,000,000 so that the amount apportioned to each
State under this paragraph for each program referred to in subsection
(a)(1)(A) (other than the high priority projects program, metropolitan
planning, the recreational trails program, the Appalachian development
highway system, and the minimum guarantee under subsection (a)) is
equal to the product obtained by multiplying--
``(A) the amount to be apportioned under this
paragraph; and
``(B) the ratio that--
``(i) the amount of funds apportioned to
the State for each program referred to in
subsection (a)(1)(A) (other than the high
priority projects program, metropolitan
planning, the recreational trails program, the
Appalachian development highway system, and the
minimum guarantee under subsection (a)) for a
fiscal year; bears to
``(ii) the total amount of funds
apportioned to the State for that program for
the fiscal year.
``(2) Remaining distribution.--
``(A) In general.--Subject to subparagraph (B), the
Secretary shall apportion the remainder of funds made
available under this section to the States, and
administer those funds, in accordance with section
104(b)(3).
``(B) Inapplicable requirements.--Paragraphs (1),
(2), and (3) of section 133(d) shall not apply to
amounts apportioned in accordance with this paragraph.
``(c) Authorization of Appropriations.--There are authorized to be
appropriated out of the Highway Trust Fund (other than the Mass Transit
Account) such sums as are necessary to carry out this section for each
of fiscal years 2004 through 2009.
``(d) Guarantee of 95 Percent Return.--
``(1) In general.--For each of fiscal years 2004 through
2009, before making any apportionment under this title, the
Secretary shall--
``(A) determine whether the sum of the percentages
determined under subsection (a)(1)(B) for the fiscal
year exceeds 100 percent; and
``(B) if the sum of the percentages exceeds 100
percent, proportionately adjust the percentages
specified in the table contained in subsection (e) to
ensure that the sum of the percentages determined under
subsection (a)(1)(B) for the fiscal year equals 100
percent.
``(2) Eligibility threshold for adjustment.--The Secretary
may make an adjustment under paragraph (1) for a State for a
fiscal year only if the percentage for the State in the table
contained in subsection (e) is equal to or exceeds 95 percent
of the ratio determined for the State under subsection
(a)(1)(B)(i) for the fiscal year.
``(3) Limitation on adjustments.--Adjustments of the
percentages in the table contained in subsection (e) in
accordance with this subsection shall not result in a total of
the percentages determined under subsection (a)(1)(B) that
exceeds 100 percent.''; and
``(4) in subsection (e) (as redesignated by paragraph (2)),
by striking ``subsection (a)'' and inserting ``subsections
(a)(1)(B)(ii)(II) and (d)''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Transportation and Infrastructure.
Referred to the Subcommittee on Highways, Transit and Pipelines.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line