I

103D CONGRESS

1ST SESSION H. R. 2225

To amend title 23, United States Code, to require States to enter into

contracts with private persons to finance construction of toll facilities,

and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MAY 20, 1993

Mr. KIM introduced the following bill; which was referred to the Committee

on Public Works and Transportation

A BILL

To amend title 23, United States Code, to require States

to enter into contracts with private persons to finance

construction of toll facilities, and for other purposes.

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 ‘‘Highway Construction

5 Private Investment Act of 1993’’.

6 SEC. 2. INCLUSION OF INTERSTATE SYSTEM IN TOLL ROAD

7 PROGRAM.

8 Section 129(a)(1) of title 23, United States Code, is

9 amended—
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1 (1) in subparagraph (A) by striking ‘‘(other

2 than a highway, bridge, or tunnel on the Interstate

3 System)’’; and

4 (2) in subparagraph (D) by striking ‘‘(other

5 than a highway on the Interstate System)’’.

6 SEC. 3. MINIMUM OBLIGATIONS FOR PRIVATELY FINANCED

7 TOLL FACILITIES.

8 Section 129 of title 23, United States Code, is

9 amended by adding at the end the following new sub10 section:

11 ‘‘(e) PRIVATE PARTICIPATION IN FINANCING OF

12 TOLL FACILITIES.—

13 ‘‘(1) MINIMUM OBLIGATIONS.—

14 ‘‘(A) GENERAL RULE.—In order not to

15 have funds withheld under paragraph (2), each

16 State shall enter into in each fiscal year begin17 ning after September 30, 1993, under sub18 section (a) contracts with private persons to fi19 nance construction of toll facilities which re20 quire the private persons to obligate under such

21 contracts in the aggregate an amount equal to

22 or exceeding the State’s aggregate apportion23 ment amount for such fiscal year.

24 ‘‘(B) AGGREGATE APPORTIONMENT

25 AMOUNT DEFINED.—As used in this subsection,
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1 the term ‘aggregate apportionment amount’

2 means—

3 ‘‘(i) in the case of fiscal year 1994, 15

4 percent of the aggregate amount of funds

5 apportioned to the State for fiscal year

6 1994 under sections 104, 144, 157, and

7 160 of this title and sections 1013(c) and

8 1015 of the Intermodal Surface Transpor9 tation Efficiency Act of 1991;

10 ‘‘(ii) in the case of fiscal year 1995,

11 20 percent of the aggregate amount of

12 funds apportioned to the State for fiscal

13 year 1995 under such sections; and

14 ‘‘(iii) in the case of fiscal year 1996

15 and thereafter, 25 percent of the aggregate

16 amount of funds apportioned to the State

17 for the fiscal year under such sections.

18 ‘‘(2) WITHHOLDING OF APPORTIONMENTS.—

19 ‘‘(A) IN GENERAL.—If a State does not

20 enter into contracts described in paragraph (1)

21 in a fiscal year which require private persons to

22 obligate under such contracts an aggregate

23 amount equal to or exceeding the State’s aggre24 gate apportionment for such fiscal year, the

25 Secretary shall withhold from apportionment
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1 under sections 104, 144, 157, and 160 of this

2 title and sections 1013(c) and 1015 of the

3 Intermodal Surface Transportation Efficiency

4 Act of 1991 on the first day of the succeeding

5 fiscal year an amount equal to the difference

6 between the aggregate apportionment amount

7 and the amount required to be obligated under

8 such contracts.

9 ‘‘(B) TREATMENT.—The amount to be

10 withheld from apportionment to a State under

11 subparagraph (A) shall be withheld proportion12 ately from each of the apportionments to the

13 State under the sections referred to under sub14 paragraph (A).

15 ‘‘(3) OBLIGATION AUTHORITY.—

16 ‘‘(A) TREATMENT OF WITHHELD APPOR17 TIONMENTS; CORRESPONDING OBLIGATION AU18 THORITY.—For purposes of imposition of any

19 limitation on obligations for Federal-aid high20 ways and highway safety construction pro21 grams, funds withheld from apportionment to a

22 State under paragraph (2) for a fiscal year

23 shall be treated as having been apportioned to

24 the State for the fiscal year; except that obliga25 tion authority under such limitation correspond-
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1 ing to the funds so withheld from apportion2 ment shall be distributed in accordance with

3 subparagraph (B).

4 ‘‘(B) DISTRIBUTION OF OBLIGATION AU5 THORITY.—Obligation authority corresponding

6 to funds withheld from apportionment under

7 paragraph (2) shall be—

8 ‘‘(i) distributed to the State from

9 which such funds were withheld if the Sec10 retary finds under paragraph (4) that the

11 State made good faith efforts to enter into

12 contracts described in paragraph (1); or

13 ‘‘(ii) distributed proportionately

14 among the States to which such funds are

15 apportioned under paragraph (5) if the

16 Secretary does not make such a finding.

17 ‘‘(4) APPORTIONMENT OF WITHHELD FUNDS.—

18 If, before October 31 of such fiscal year, a State

19 from which funds are withheld from apportionment

20 for a fiscal year under paragraph (2) demonstrates

21 to the satisfaction of the Secretary that it used good

22 faith efforts to enter into contracts described in

23 paragraph (1) in the preceding fiscal year which re24 quire private persons to obligate an aggregate

25 amount which equals or exceeds the State’s aggre-
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1 gate apportionment amount for such fiscal year, the

2 Secretary shall apportion, on the date of making

3 such finding, to the State the withheld funds.

4 ‘‘(5) REAPPORTIONMENT OF WITHHELD

5 FUNDS.—

6 ‘‘(A) IN GENERAL.—If, before October 31

7 of a fiscal year, the Secretary does not find that

8 a State made the good faith efforts referred to

9 in paragraph (4), the Secretary shall apportion,

10 not later than November 10 of such fiscal year,

11 the funds withheld from apportionment to the

12 State among those States which entered into

13 contracts described in paragraph (1) in the pre14 ceding fiscal year which required private per15 sons to obligate an aggregate amount exceeding

16 those State’s respective aggregate apportion17 ment amounts for such fiscal year. Such funds

18 shall be apportioned among such States so that

19 each of such States is apportioned an amount

20 determined by multiplying the amount of funds

21 withheld from apportionment and the quotient

22 of—

23 ‘‘(i) the percentage by which—

24 ‘‘(I) the aggregate amount which

25 was actually required to be obligated
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1 by private persons under contracts de2 scribed in paragraph (1) and entered

3 into in the preceding fiscal year with

4 the State for which determination is

5 being made; exceeds

6 ‘‘(II) the aggregate apportion7 ment amount for the preceding fiscal

8 year of the State for which the deter9 mination is being made; divided by

10 ‘‘(ii) the aggregate of all such percent11 ages for all such States.

12 ‘‘(B) TRANSFER TO STP APPORTION13 MENT.—Subject to subparagraph (C), the Sec14 retary shall transfer amounts apportioned to a

15 State under this paragraph to the apportion16 ment of such State under section 104(b)(3) for

17 the surface transportation program.

18 ‘‘(C) LIMITATION ON APPLICABILITY OF

19 CERTAIN REQUIREMENTS OF STP PROGRAM.—

20 The following provisions of section 133 of this

21 title shall not apply to the amounts transferred

22 under subparagraph (B) to the apportionment

23 of the State for the surface transportation pro24 gram:

25 ‘‘(i) Subsection (d)(1).
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1 ‘‘(ii) Subsection (d)(2).

2 ‘‘(iii) Subsection (d)(3).’’.

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