II 

110TH CONGRESS 

2D SESSION S. 3673 

To amend title 23, United States Code, to improve highway transportation 

in the United States, including rural and metropolitan areas. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 1 (legislative day, SEPTEMBER 17), 2008 

Mr. BAUCUS introduced the following bill; which was read twice and referred 

to the Committee on Environment and Public Works 

A BILL 

To amend title 23, United States Code, to improve highway 

transportation in the United States, including rural and 

metropolitan areas. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Nationwide Freight 

5 and Personal Mobility Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds that— 

8 (1) the safe and efficient movement of individ9 uals and freight in interstate commerce, including 

10 the movement of individuals and freight on highways 

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1 over long distances, is essential to the economic 

2 growth and prosperity of the United States, includ3 ing both rural and metropolitan areas; 

4 (2) the highway movement of freight will be, for 

5 the foreseeable future, on roads that serve both 

6 freight and passenger traffic, requiring effective and 

7 unified planning and funding for the preservation 

8 and improvement of highways in the interest of ef9 fective transportation of both individuals and freight 

10 in rural and metropolitan areas; 

11 (3) it is essential and appropriate that Federal 

12 programs to preserve and improve highway transpor13 tation infrastructure ensure consideration of the 

14 needs of freight as part of an overall, unified, and 

15 multimodal approach to meeting the national inter16 est in the safe and efficient transportation of both 

17 individuals and freight; 

18 (4) vehicle miles traveled on the National High19 way System, including the Interstate System, rep20 resent nearly 45 percent of all vehicle miles traveled 

21 in the United States, even as National Highway Sys22 tem routes comprise only 4 percent of public road 

23 mileage in the United States; and 

24 (5) a well-preserved and improved system of 

25 National Highway System routes, including Intermstockstill on PROD1PC66 with BILLS

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1 state System routes, is essential to the effective 

2 movement of individuals and freight in the United 

3 States in both rural and metropolitan areas. 

4 SEC. 3. GUARANTEED FUNDING FOR NATIONAL HIGHWAY 

5 SYSTEM. 

6 (a) IN GENERAL.—Chapter 1 of title 23, United 

7 States Code, is amended by adding at the end the fol8 lowing: 

9 ‘‘§ 167. Guaranteed funding for National Highway 

10 System 

11 ‘‘(a) APPLICABILITY.—This section applies to author12 izations of appropriations from the Highway Trust Fund 

13 (other than the Mass Transit Account) for fiscal year 

14 2010 and each fiscal year thereafter. 

15 ‘‘(b) DETERMINATION OF APPORTIONMENTS.—For 

16 each fiscal year, the Secretary shall determine the total 

17 amounts apportioned among the States pursuant to au18 thorizations of appropriations from the Highway Trust 

19 Fund (other than the Mass Transit Account), other than 

20 authorizations of appropriations pursuant to— 

21 ‘‘(1) this section; 

22 ‘‘(2) section 105; and 

23 ‘‘(3) other provisions of this title administered 

24 by the National Highway Traffic Safety Administramstockstill on PROD1PC66 with BILLS

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1 tion or the Federal Motor Carrier Safety Adminis2 tration. 

3 ‘‘(c) ADDITIONAL AUTHORIZATION OF APPROPRIA4 TIONS.— 

5 ‘‘(1) IN GENERAL.—If the total amount of ap6 portionments for a fiscal year for the Interstate 

7 maintenance program under section 119 and the 

8 National Highway System program under section 

9 103, exclusive of apportionments pursuant to au10 thorizations of appropriations under this section, 

11 equals less than 45 percent of the total amount ap12 portioned for the fiscal year as determined under 

13 subsection (b), an additional amount determined 

14 pursuant to paragraph (2) is authorized to be appro15 priated from the Highway Trust Fund (other than 

16 the Mass Transit Account) for the fiscal year for the 

17 National Highway System program under section 

18 103. 

19 ‘‘(2) AMOUNT.—The amount of the additional 

20 authorization of appropriations described in para21 graph (1) for a fiscal year for the National Highway 

22 System program under section 103 shall be deter23 mined by the Secretary— 

24 ‘‘(A) by subtracting from the total amount 

25 described by subsection (b) the amounts inmstockstill on PROD1PC66 with BILLS

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1 cluded in that total for apportionments for the 

2 National Highway System program under sec3 tion 103 and the Interstate maintenance pro4 gram under section 119 for the fiscal year; 

5 ‘‘(B) by dividing the difference calculated 

6 under subparagraph (A) by 0.55; 

7 ‘‘(C) by multiplying the quotient calculated 

8 under subparagraph (B) by 0.45; and 

9 ‘‘(D) by subtracting from the product cal10 culated under subparagraph (C) the amount in11 cluded in subsection (b) for apportionments for 

12 the National Highway System program under 

13 section 103 and the Interstate maintenance 

14 program under section 119 for the fiscal year.’’. 

15 (b) CONFORMING AMENDMENT.—The analysis for 

16 chapter 1 of title 23, United States Code, is amended by 

17 inserting at the end of the items relating to subchapter 

18 I the following: 

‘‘167. Guaranteed funding for National Highway System.’’. 

19 SEC. 4. FEDERAL SHARE. 

20 Section 120(b) of title 23, United States Code, is 

21 amended by striking ‘‘80 percent of the cost thereof’’ each 

22 place it appears and inserting ‘‘80 percent of the cost of 

23 the project (if the project is not on the National Highway 

24 System), or 85 percent of the cost of the project (if the 

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1 project is on the National Highway System and not on 

2 the Interstate System)’’. 

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