I 
108TH CONGRESS 
1ST SESSION H. R. 2088
To authorize funds for Federal-aid highways, highway safety programs, and 
transit programs, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 14, 2003
Mr. YOUNG of Alaska (for himself, Mr. OBERSTAR, Mr. PETRI, and Mr. LI-
PINSKI) (all by request) introduced the following bill; which was referred 
to the Committee on Transportation and Infrastructure, and in addition 
to the Committees on Ways and Means, the Budget, Science, Resources, 
the Judiciary, Energy and Commerce, Government Reform, and Rules, 
for a period to be subsequently determined by the Speaker, in each case 
for consideration of such provisions as fall within the jurisdiction of the 
committee concerned 
A BILL 
To authorize funds for Federal-aid highways, highway safety 
programs, and transit 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; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Safe, Accountable, Flexible, and Efficient Transportation 
Equity Act of 2003’’.
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(b) TABLE OF CONTENTS.—The table of contents of 
this Act is as follows:
Sec. 1. Short title; table of contents. 
Sec. 2. Definitions. 
TITLE I—FEDERAL-AID HIGHWAYS 
Subtitle A—Funding 
Sec. 1101. Authorization of appropriations. 
Sec. 1102. Obligation ceiling. 
Sec. 1103. Apportionments. 
Sec. 1104. Minimum guarantee. 
Sec. 1105. Revenue aligned budget authority. 
Subtitle B—New Programs 
Sec. 1201. Infrastructure Performance and Maintenance Program. 
Sec. 1202. Clarify Federal-aid eligibility for certain security projects. 
Sec. 1203. Future of the interstate highway system. 
Sec. 1204. Military vehicle access (oversize and overweight vehicles; relief from 
tolls). 
Sec. 1205. Freight transportation gateways; freight intermodal connections. 
Sec. 1206. Authority for alternative time-saving procedures for critical trans-
portation security projects. 
Subtitle C—Finance 
Sec. 1301. Federal share. 
Sec. 1302. Transfer of highway and transit funds. 
Sec. 1303. State Infrastructure Bank Pilot Program. 
Sec. 1304. Transportation Infrastructure Finance and Innovation Act (TIFIA) 
amendments. 
Sec. 1305. International registration plan and international fuel tax agreement 
facilitation. 
Sec. 1306. Commercialized rest area pilot projects. 
Sec. 1307. Highway use tax evasion projects. 
Subtitle D—Program Efficiencies and Improvements—Safety 
Sec. 1401. National highway safety goal; National Blue Ribbon Commission on 
Highway Safety. 
Sec. 1402. Highway Safety Improvement Program. 
Sec. 1403. Operation Lifesaver. 
Sec. 1404. Highway safety programs; certification of public road mileage. 
Subtitle E—Program Efficiencies and Improvements—Planning 
Sec. 1501. Metropolitan planning. 
Sec. 1502. Statewide planning. 
Sec. 1503. State planning and research. 
Sec. 1504. Critical real property acquisition. 
Sec. 1505. Planning capacity building initiative. 
Subtitle F—Program Efficiencies and Improvements—Environment
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Sec. 1601. Congestion Mitigation and Air Quality Improvement Program. 
Sec. 1602. Efficient environmental reviews for project decisionmaking. 
Sec. 1603. Assumption of responsibility for categorical exclusions. 
Sec. 1604. Section 4(f) policy on lands, wildlife and waterfowl refuges, and his-
toric sites. 
Sec. 1605. National Scenic Byways Program. 
Sec. 1606. Recreational Trails Program. 
Sec. 1607. Exemption of the interstate system. 
Sec. 1608. Modifications 
to 
NHS/STP 
for 
invasive 
species, 
wetlands, 
brownfields, and environmental restoration. 
Sec. 1609. Standards. 
Sec. 1610. Use of HOV lanes. 
Sec. 1611. Bicycle transportation and pedestrian walkways. 
Sec. 1612. Transportation, energy, and environment. 
Sec. 1613. Idling reduction facilities in interstate rights-of-way. 
Sec. 1614. Appropriation for transportation purposes of lands or interest in 
lands owned by the United States. 
Sec. 1615. Toll programs. 
Sec. 1616. Ozone Standards, Particulate Matter Standards, And Regional Haze 
Program.
Sec. 1617. Indemnification on certain railbanked projects. 
Subtitle G—Program Efficiencies and Improvements—Operations 
Sec. 1701. Transportation systems management and operations. 
Sec. 1702. Real-Time System Management Information Program. 
Sec. 1703. Intelligent Transportation Systems Performance Incentive Program. 
Sec. 1704. Commercial vehicle information systems and networks deployment. 
Subtitle H—Program Efficiencies and Improvements—Federal-Aid 
Stewardship 
Sec. 1801. Surface Transportation System Performance Pilot Program. 
Sec. 1802. Stewardship and oversight. 
Sec. 1803. Emergency relief. 
Sec. 1804. Federal Lands Highways Program. 
Sec. 1805. Appalachian development highway system. 
Sec. 1806. Multi-State Corridor Planning Program. 
Sec. 1807. Border Planning, Operations, and Technology Program. 
Sec. 1808. Territorial Highway Program amendments. 
Sec. 1809. Future interstate system routes. 
Sec. 1810. Donations and credits. 
Sec. 1811. Disadvantaged business enterprises. 
Sec. 1812. Highway Bridge Program. 
Sec. 1813. Design-build. 
Sec. 1814. International ferries. 
Sec. 1815. Assumption of responsibility for transportation enhancements, rec-
reational trails, and transportation and community and system 
preservation program projects. 
Sec. 1816. Transportation, Community, and System Preservation Program. 
Sec. 1817. Program efficiencies—Finance. 
Subtitle I—Technical Corrections to Title 23, U.S.C. 
Sec. 1901. Repeal or update of obsolete text. 
Sec. 1902. Clarification of date.
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Sec. 1903. Inclusion of requirements for signs identifying funding sources in 
title 23. 
Sec. 1904. Inclusion of ‘‘Buy America’’ requirements in title 23. 
Sec. 1905. Technical Amendments to 23 U.S.C. 140—Nondiscrimination. 
Sec. 1906. Federal share payable for projects for elimination of hazards of rail-
way-highway crossings. 
TITLE II—HIGHWAY SAFETY 
Sec. 2001. Highway safety programs. 
Sec. 2002. Highway safety research and development. 
Sec. 2003. Emergency medical services. 
Sec. 2004. State traffic safety information system improvements. 
Sec. 2005. Authorization of appropriations. 
Sec. 2006. Repeal of obsolete provisions of title 23. 
TITLE III—FEDERAL TRANSIT ADMINISTRATION PROGRAMS 
Sec. 3001. Short title. 
Sec. 3002. Updated terminology; amendments to title 49, United States Code. 
Sec. 3003. Policies, findings, and purposes. 
Sec. 3004. Definitions. 
Sec. 3005. Metropolitan planning. 
Sec. 3006. Statewide planning. 
Sec. 3007. Planning programs. 
Sec. 3008. Private Enterprise participation. 
Sec. 3009. Urbanized Area Public Transportation Formula Grants Program. 
Sec. 3010. Formula grants for other than urbanized areas. 
Sec. 3011. New Freedom Program. 
Sec. 3012. Major Capital Investment Program. 
Sec. 3013. Research, development, demonstration, and deployment projects. 
Sec. 3014. Cooperative Research Grant Program. 
Sec. 3015. National research programs. 
Sec. 3016. National transit institute. 
Sec. 3017. Bus testing facility. 
Sec. 3018. Bicycle facilities. 
Sec. 3019. Suspended light rail technology pilot project. 
Sec. 3020. General provisions on assistance. 
Sec. 3021. Special provisions for capital projects. 
Sec. 3022. Contract requirements. 
Sec. 3023. Human resources programs. 
Sec. 3024. Project management oversight and review. 
Sec. 3025. Project review. 
Sec. 3026. Investigations of safety and security risk. 
Sec. 3027. State safety oversight. 
Sec. 3028. Sensitive security information. 
Sec. 3029. Terrorist attacks and other acts of violence against public transpor-
tation systems. 
Sec. 3030. Controlled substances and alcohol misuse testing. 
Sec. 3031. Employee protective arrangements. 
Sec. 3032. Administrative procedures. 
Sec. 3033. Reports and audits. 
Sec. 3034. Apportionments of appropriations for formula grants. 
Sec. 3035. Apportionments based on fixed guideway factors. 
Sec. 3036. Authorizations. 
Sec. 3037. National Parks and Public Lands Legacy Project.
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Sec. 3038. Over-the-Road Bus Accessibility Program. 
Sec. 3039. Formula grants for special needs of elderly individuals and individ-
uals with disabilities. 
Sec. 3040. Job access and reverse commute. 
TITLE IV—MOTOR CARRIER SAFETY 
Sec. 4001. Authorization of appropriations. 
Sec. 4002. Motor carrier safety grants. 
Sec. 4003. Hobbs Act. 
Sec. 4004. Penalty for denial of access to records. 
Sec. 4005. Medical review board and medical examiners. 
Sec. 4006. Enforcement of household goods regulations. 
Sec. 4007. Registration of commercial motor carriers, freight forwarders, and 
brokers. 
Sec. 4008. Financial responsibility for private motor carriers. 
Sec. 4009. Increased penalties for out-of-service violations and false records. 
Sec. 4010. Elimination of commodity and service exemptions. 
Sec. 4011. Intrastate operations of interstate motor carriers. 
Sec. 4012. Authority to stop commercial motor vehicles. 
Sec. 4013. Pattern of safety violations by motor carrier management. 
Sec. 4014. Motor Carrier Research and Technology Program. 
Sec. 4015. International cooperation. 
Sec. 4016. Performance and Registration Information System Management 
(PRISM). 
Sec. 4017. Information systems and data analysis. 
Sec. 4018. Outreach and education. 
TITLE V—TRANSPORTATION RESEARCH AND EDUCATION 
Subtitle A—Funding 
Sec. 5101. Authorization of appropriations. 
Subtitle B—Research, Technology, and Education
Sec. 5201. Research, technology, and education. 
Sec. 5202. Surface Transportation Environment and Planning Cooperative Re-
search Program. 
Sec. 5203. Long-Term Bridge Performance Program; Innovative Bridge Re-
search and Deployment Program. 
Sec. 5204. Technology deployment. 
Sec. 5205. Training and education. 
Sec. 5206. Advanced Travel Forecasting Procedures Program. 
Subtitle C—Multimodal Research Programs; Scholarship Opportunities 
Sec. 5301. University transportation research. 
Sec. 5302. Multimodal Research Program. 
Sec. 5303. Commercial remote sensing products. 
Sec. 5304. Transportation Scholarship Opportunities Program. 
Subtitle D—Transportation data and analysis 
Sec. 5401. Bureau of Transportation Statistics. 
Subtitle E—Intelligent Transportation Systems Research
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Sec. 5501. Short title. 
Sec. 5502. Goals and purposes. 
Sec. 5503. General authorities and requirements. 
Sec. 5504. National architecture and standards. 
Sec. 5505. Research and development. 
Sec. 5506. Use of funds. 
Sec. 5507. Definitions. 
Sec. 5508. Repeal. 
TITLE VI—TRANSPORTATION PLANNING; INTERMODAL 
FACILITIES 
Sec. 6001. Transportation planning. 
Sec. 6002. Intermodal passenger facilities. 
TITLE VII—MISCELLANEOUS 
Subtitle A—Railroads 
Sec. 7101. Rail corridor planning. 
Sec. 7102. High speed rail authorizations. 
Subtitle B—Miscellaneous Technical Corrections to Title 49
Sec. 7201. Correction of obsolete references to Interstate Commerce Commis-
sion. 
Subtitle C—Hazardous Material Transportation 
Sec. 7301. Definitions. 
Sec. 7302. Representations and tampering with hazardous material packaging. 
Sec. 7303. Hazardous material transportation safety and security. 
Sec. 7304. Administrative authority for transportation service and infrastruc-
ture assurance research. 
Sec. 7305. Postal service civil penalty authority. 
Sec. 7306. Registration. 
Sec. 7307. Shipping paper retention. 
Sec. 7308. Planning and training grants. 
Sec. 7309. Enforcement. 
Sec. 7310. Penalties. 
Sec. 7311. Emergency waiver of preemption. 
Sec. 7312. Judicial review. 
Subtitle D—Sanitary Food Transportation 
Sec. 7401. Short title. 
Sec. 7402. Responsibilities of the Secretary of Health and Human Services. 
Sec. 7403. Department of Transportation requirements. 
Sec. 7404. Effective date of the subtitle. 
Subtitle E—Sport Fishing and Boating Safety 
Sec. 7501. Sport fish restoration account amendments. 
TITLE VIII—TRANSPORTATION DISCRETIONARY SPENDING 
GUARANTEE AND BUDGET OFFSETS 
Sec. 8101. Discretionary spending categories. 
Sec. 8102. Level of obligation limitations.
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Sec. 8103. Effectiveness of title. 
TITLE IX—AMENDMENTS OF INTERNAL REVENUE CODE OF 1986
Sec. 9001. Short title; amendment of 1986 code. 
Sec. 9002. Extension of highway-related taxes and trust fund. 
Sec. 9003. Extension of tax benefits for alcohol fuels. 
Sec. 9004. Private activity bonds for surface transportation infrastructure. 
Sec. 9005. All alcohol fuel taxes transferred to highway trust fund. 
Sec. 9006. Transfer from highway trust fund to boat safety account. 
Sec. 9007. Extension of small-engine fuel taxes transferred to sport fish res-
toration account. 
Sec. 9008. Technical correction. 
Sec. 9009. Transfer by registered pipeline, vessel, or barge required for fuel tax 
exemption of bulk transfers to registered terminals or refin-
eries; display of registration requirement. 
Sec. 9010. Returns filed electronically. 
Sec. 9011. Civil penalty for refusal of entry. 
Sec. 9012. Requirement of tax payment decal; elimination of installment pay-
ments of highway use tax. 
Sec. 9013. Additional rules regarding inspections of records.
SEC. 2. DEFINITIONS. 
In this Act, the following definitions apply: 
(1) 
METROPOLITAN
PLANNING
ORGANIZA-
TION.—The term ‘‘metropolitan planning organiza-
tion’’ has the meaning such term has under section 
5203(b) of title 49, United States Code, as added by 
section 6001 of this Act. 
(2) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Transportation. 
(3) TRANSPORTATION
EQUITY
ACT
FOR
THE 
21ST CENTURY.—The term ‘‘Transportation Equity 
Act for the 21st Century’’ means the Transportation 
Equity Act for the 21st Century, Public Law 105–
178, as amended by the TEA 21 Restoration Act, 
title IX of Public Law 105–206.
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TITLE I—FEDERAL-AID 
HIGHWAYS 
Subtitle A—Funding 
SEC. 1101. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—The following sums are author-
ized to be appropriated out of the Highway Trust Fund 
(other than the Mass Transit Account): 
(1) INTERSTATE
MAINTENANCE
PROGRAM.—
For the Interstate maintenance program under sec-
tion 
119 
of 
title 
23, 
United 
States 
Code, 
$4,100,000,000 for fiscal years 2004 and 2005, 
$4,200,000,000 
for 
fiscal 
year 
2006, 
$4,400,000,000 
for 
fiscal 
year 
2007, 
$4,500,000,000 
for 
fiscal 
year 
2008, 
and 
$4,700,000,000 for fiscal year 2009. 
(2) NATIONAL HIGHWAY SYSTEM.—For the Na-
tional Highway System under section 103 of such 
title $5,000,000,000 for fiscal years 2004 and 2005, 
$5,100,000,000 
for 
fiscal 
year 
2006, 
$5,200,000,000 
for 
fiscal 
year 
2007, 
$5,400,000,000 
for 
fiscal 
year 
2008, 
and 
$5,500,000,000 for fiscal year 2009. 
(3) BRIDGE
PROGRAM.—For the bridge pro-
gram under section 144 of such title $3,400,000,000 
for fiscal year 2004, $3,500,000,000 for fiscal year
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2005, 
$3,700,000,000 
for 
fiscal 
year 
2006, 
$3,800,000,000 
for 
fiscal 
year 
2007, 
$3,900,000,000 
for 
fiscal 
year 
2008, 
and 
$4,000,000,000 for fiscal year 2009. 
(4) SURFACE
TRANSPORTATION
PROGRAM.—
For the surface transportation program under sec-
tion 133 of such title $5,102,000,000 for fiscal year 
2004, 
$5,202,000,000 
for 
fiscal 
year 
2005, 
$5,402,000,000 
for 
fiscal 
year 
2006, 
$5,514,000,000 
for 
fiscal 
year 
2007, 
$5,714,000,000 
for 
fiscal 
year 
2008, 
and 
$5,807,000,000 for fiscal year 2009. 
(5) CONGESTION MITIGATION AND AIR QUALITY 
IMPROVEMENT PROGRAM.—For the congestion miti-
gation and air quality improvement program under 
section 149 of such title $1,100,000,000 for fiscal 
year 2004, $1,462,000,000 for fiscal year 2005, 
$1,500,000,000 
for 
fiscal 
year 
2006, 
$1,600,000,000 for fiscal years 2007 through 2009. 
(6) HIGHWAY
SAFETY
IMPROVEMENT
PRO-
GRAM.—For the highway safety improvement pro-
gram under section 150 of such title $1,000,000,000 
for fiscal year 2004, $1,100,000,000 for fiscal year 
2005, 
$1,200,000,000 
for 
fiscal 
year 
2006, 
$1,300,000,000 
for 
fiscal 
year 
2007,
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$1,400,000,000 
for 
fiscal 
year 
2008, 
and 
$1,500,000,000 for fiscal year 2009. 
(7) APPALACHIAN
DEVELOPMENT
HIGHWAY 
SYSTEM PROGRAM.—For the Appalachian develop-
ment highway system program under section 201 of 
the Appalachian Regional Development Act of 1965 
(40 U.S.C. App.) $450,000,000 for each of fiscal 
years 2004 through 2009. 
(8) RECREATIONAL TRAILS PROGRAM.—For the 
recreational trails program under section 206 of 
such title $60,000,000 for each of fiscal years 2004 
through 2009. 
(9) FEDERAL LANDS HIGHWAYS PROGRAM.—
(A) INDIAN
RESERVATION
ROADS.—For 
Indian reservation roads under section 204 of 
such title $333,000,000 for each of fiscal years 
2004 through 2009. 
(B) RECREATION ROADS.—For recreation 
roads 
under 
section 
204 
of 
such 
title 
$50,000,000 for each of fiscal years 2004 
through 2009. 
(C) PARK
ROADS
AND
PARKWAYS.—For 
park roads and parkways under section 204 of 
such title, $300,000,000 for fiscal year 2004, 
$310,000,000 
for 
fiscal 
year 
2005, 
and
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$320,000,000 for each of fiscal years 2006 
through 2009. 
(D) REFUGE
ROADS.—For refuge roads 
under section 204 of such title $30,000,000 for 
each of fiscal years 2004 through 2009. 
(E) FOREST HIGHWAYS.—For forest high-
ways 
under 
section 
204 
of 
such 
title 
$200,000,000 for each of fiscal years 2004 
through 2009. 
(F) SAFETY.—For safety under section 
204 of such title $40,000,000 for each of fiscal 
years 2004 through 2009. 
(10) MULTI-STATE CORRIDOR PLANNING PRO-
GRAM.—For the multi-state corridor planning pro-
gram under section 1806 of this Act $76,500,000 
for fiscal year 2004 and $84,000,000 for each of fis-
cal years 2005 through 2009. 
(11) BORDER
PLANNING, OPERATIONS, AND 
TECHNOLOGY PROGRAM.—For the border planning, 
operations, and technology program under section 
1807 of this Act $76,500,000 for fiscal year 2004 
and $84,000,000 for each of fiscal years 2005 
through 2009. 
(12) NATIONAL
SCENIC
BYWAYS
PROGRAM.—
For the national scenic byways program under sec-
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tion 
162 
of 
title 
23, 
United 
States 
Code, 
$31,500,000 for each of fiscal years 2004 through 
2009. 
(13) INTELLIGENT TRANSPORTATION SYSTEMS 
PERFORMANCE INCENTIVE PROGRAM.—For carrying 
out the intelligent transportation systems perform-
ance incentive program under section 1703 of this 
Act, $135,000,000 for each of fiscal years 2004 
through 2009. 
(14) HIGHWAY USE TAX EVASION PROJECTS.—
For highway use tax evasion projects under section 
143 of such title, $26,550,000 for fiscal year 2004, 
$54,500,000 for each of fiscal years 2005 and 2006, 
$44,500,000 for fiscal year 2007, and $11,000,000 
for each of fiscal years 2008 and 2009. 
(15) COMMERCIAL VEHICLE INFORMATION SYS-
TEMS AND NETWORKS DEPLOYMENT.—For carrying 
out the Commercial Vehicle Information Systems 
and Networks Deployment program under section 
1704 of this Act, $25,000,000 for each of fiscal 
years 2004 through 2009. 
(16) INFRASTRUCTURE
PERFORMANCE
AND 
MAINTENANCE PROGRAM.—For carrying out the in-
frastructure performance and maintenance program
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under section 1201 of this Act, $1,000,000,000 for 
each of fiscal years 2004 through 2009. 
SEC. 1102. OBLIGATION CEILING. 
(a) GENERAL LIMITATION.—Notwithstanding any 
other provision of law, but subject to subsections (f) and 
(g), the obligations for Federal-aid highway and highway 
safety construction programs shall not exceed—
(1) $29,293,948,000 for fiscal year 2004; 
(2) $30,265,000,000 for fiscal year 2005; 
(3) $31,326,000,000 for fiscal year 2006; 
(4) $32,257,000,000 for fiscal year 2007; 
(5) $33,104,000,000 for fiscal year 2008; and 
(6) $33,903,000,000 for fiscal year 2009. 
(b) EXCEPTIONS.—The limitations under subsection 
(a) shall not apply to obligations under—
(1) section 125 of title 23, United States Code; 
(2) section 147 of the Surface Transportation 
Assistance Act of 1978; 
(3) section 9 of the Federal-Aid Highway Act 
of 1981;
(4) sections 131(b) and 131(j) of the Surface 
Transportation Assistance Act of 1982; 
(5) sections 149(b) and 149(c) of the Surface 
Transportation and Uniform Relocation Assistance 
Act of 1987;
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section 104(a) of title 23, United States Code, the 
infrastructure performance and maintenance pro-
gram, and for each of the programs that are allo-
cated by the Secretary under this Act and title 23, 
United States Code; 
(2) reserve the obligation authority provided by 
subsection (a) less the amounts reserved under para-
graph (1) for section 201 of the Appalachian Re-
gional 
Development 
Act 
of 
1965, 
and 
$2,000,000,000 for such fiscal year under section 
105 of such title (relating to minimum guarantee); 
and 
(3) distribute the obligation authority provided 
by subsection (a) less the aggregate amounts not re-
served under paragraph (1) and (2) for Federal-aid 
highway and highway safety construction programs 
(other than the minimum guarantee program, but 
only to the extent that amounts apportioned for the 
minimum guarantee program for such fiscal year ex-
ceed $2,639,000,000, and the Appalachian develop-
ment highway system program) that are apportioned 
by the Secretary under this Act and title 23, United 
States Code, in the ratio that—
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(A) sums authorized to be appropriated for 
such programs that are apportioned to each 
State for such fiscal year, bear to 
(B) the total of the sums authorized to be 
appropriated for such programs that are appor-
tioned to all States for such fiscal year. 
(d) REDISTRIBUTION OF UNUSED OBLIGATION AU-
THORITY.—Notwithstanding subsection (c), the Secretary 
shall, after August 1 of each of fiscal years 2004 through 
2009, revise a distribution of the obligation authority 
made available under subsection (c) if a State will not obli-
gate the amount distributed during that fiscal year and 
redistribute sufficient amounts to those States able to obli-
gate amounts in addition to those previously distributed 
during that fiscal year, giving priority to those States hav-
ing large unobligated balances of funds apportioned under 
sections 104 and 144 of title 23, United States Code. 
(e) APPLICABILITY OF OBLIGATION LIMITATIONS TO 
TRANSPORTATION
RESEARCH
PROGRAMS.—Obligation 
limitations imposed by subsection (a) shall apply to trans-
portation research programs carried out under chapter 5 
of title 23, United States Code, and under title V of this 
Act; except that obligation authority made available for 
such programs under such limitations shall remain avail-
able for a period of 3 fiscal years and shall be in addition
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to the amount of any limitation imposed on obligations 
for Federal-aid highway and highway safety construction 
programs for future fiscal years. 
(f) SPECIAL RULE.—Obligation authority distributed 
for a fiscal year under subsection (c)(2) for a section set 
forth in subsection (c)(2) shall remain available until used 
for obligation of funds for such section and shall be in 
addition to the amount of any limitation imposed on obli-
gations for Federal-aid highway and highway safety con-
struction programs for future fiscal years. 
(g) ADJUSTMENT IN OBLIGATION LIMIT.—Limita-
tions on obligations imposed by subsection (a) for a fiscal 
year shall be adjusted by an amount equal to the amount 
determined pursuant to section 251(b)(1)(B) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985 
for such fiscal year, as amended by this Act. Any such 
adjustment shall be distributed in accordance with this 
section. 
(h) LIMITATIONS ON OBLIGATIONS FOR ADMINISTRA-
TIVE EXPENSES.—Notwithstanding any other provision of 
law, the total amount of all obligations under section 
104(a) of title 23, United States Code, shall not exceed—
(1) $350,000,000 for fiscal year 2004; 
(2) $380,000,000 for fiscal year 2005; 
(3) $400,000,000 for fiscal year 2006;
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(4) $420,000,000 for fiscal year 2007; 
(5) $440,000,000 for fiscal year 2008; and 
(6) $460,000,000 for fiscal year 2009. 
SEC. 1103. APPORTIONMENTS. 
(a) ADMINISTRATIVE EXPENSES.—Section 104(a) of 
title 23, United States Code, as amended by this Act, is 
further amended in paragraph (1) by striking ‘‘1 1⁄6’’ and 
inserting ‘‘1.4’’. 
(b) METROPOLITAN PLANNING.—Section 104(f) of 
title 23, United States Code, is amended: 
(1) in paragraph (1), by striking ‘‘not to ex-
ceed’’; and by striking ‘‘authorized under this title’’ 
and inserting ‘‘identified in such subsection, except 
for the Federal lands highway program and the Ap-
palachian development highway program’’; 
(2) in paragraph (2), by striking ‘‘per centum’’ 
and inserting ‘‘percent’’; 
(3) in paragraph (3), by striking ‘‘These funds 
shall be matched in accordance with section 120(b) 
unless the Secretary determines that the interests of 
the Federal-aid highway program would be best 
served without such matching.’’ and inserting ‘‘Any 
funds that are not used to carry out section 134 of 
this title may be made available by a metropolitan
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planning organization to the State to fund activities 
under section 135.’’; and 
(4) by adding the following after paragraph (5):
‘‘(6) FEDERAL SHARE.—Funds apportioned to 
a State under this subsection shall be matched in ac-
cordance with section 120(b) unless the Secretary 
determines that the interests of the Federal-aid 
highway program would be best served without such 
matching.’’. 
(c) STATE DEFINED.—Section 1103(n) of the Trans-
portation Equity Act for the 21st Century (Public Law 
105–178) is repealed. 
(d) EXECUTIVE OFFICE COMPLEX.—Section 104 of 
title 23, United States Code, is amended by adding after 
subsection (q), as added by this Act, the following: 
‘‘(r) EXECUTIVE OFFICE COMPLEX.—On October 1 
of each fiscal year for fiscal years 2004 through 2009, 
the Secretary, after making the deductions authorized by 
subsections (a) and (f), shall set aside $2,000,000 for each 
of fiscal years 2004 through 2006, $14,000,000 for each 
of fiscal years 2007 and 2008, and $7,000,000 for fiscal 
year 2009 of the remaining funds authorized to be appro-
priated under subsection (b)(3) for the preferred option 
determined by a study for highway access near the Execu-
tive Office complex.’’.
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(e) ALASKA HIGHWAY.—Section 104(b)(1)(A) of title 
23, United States Code, is amended by striking 
‘‘$18,800,000 for each of fiscal years 1998 through 2002 
for the Alaska Highway’’ and substituting ‘‘$18,800,000 
for each of fiscal years 2004 through 2009 for the Alaska 
Highway’’. 
SEC. 1104. MINIMUM GUARANTEE. 
Section 105 of title 23, United States Code, is 
amended to read as follows: 
‘‘§ 105. Minimum guarantee 
‘‘(a) GENERAL RULE.—For each of fiscal years 2004 
through 2009, the Secretary shall allocate among the 
States amounts sufficient to ensure that each State’s per-
centage of the total apportionments for such fiscal year 
of Interstate maintenance, national highway system, 
bridge, congestion mitigation and air quality improvement, 
surface transportation, highway safety improvement, min-
imum guarantee, Appalachian development highway sys-
tem, infrastructure performance and maintenance, and 
recreational trails programs shall equal the percentage 
listed for each State in subsection (b). The minimum 
amount allocated to a State listed in subsection (b) under 
this section for a fiscal year shall be $1,000,000.
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‘‘(b) STATE PERCENTAGES.—The percentage re-
ferred to in subsection (a) for a State shall be determined 
in accordance with the following table:
‘‘States: 
Percentage 
Alabama .......................................................................................
2.0269
Alaska ..........................................................................................
1.1915 
Arizona .........................................................................................
1.5581 
Arkansas ......................................................................................
1.3214 
California .....................................................................................
9.1962 
Colorado .......................................................................................
1.1673
Connecticut ..................................................................................
1.5186 
Delaware ......................................................................................
0.4424 
District of Columbia ....................................................................
0.3956 
Florida .........................................................................................
46176 
Georgia .........................................................................................
3.5104 
Hawaii ..........................................................................................
0.5177 
Idaho ............................................................................................
0.7718 
Illinois ..........................................................................................
3.3819
Indiana .........................................................................................
2.3588 
Iowa .............................................................................................
1.2020 
Kansas .........................................................................................
1.1717 
Kentucky ......................................................................................
1.7365 
Louisiana .....................................................................................
1.5900 
Maine ...........................................................................................
0.5263 
Maryland ......................................................................................
1.5087 
Massachusetts ..............................................................................
1.8638 
Michigan ......................................................................................
3.1535 
Minnesota .....................................................................................
1.4993 
Mississippi ....................................................................................
1.2186
Missouri .......................................................................................
2.3615 
Montana .......................................................................................
0.9929
Nebraska ......................................................................................
0.7768 
Nevada .........................................................................................
0.7248 
New Hampshire ...........................................................................
0.5163 
New Jersey ..................................................................................
2.5816 
New Mexico ..................................................................................
0.9884 
New York .....................................................................................
5.1628 
North Carolina .............................................................................
2.8298
North Dakota ...............................................................................
0.6553 
Ohio .............................................................................................
3.4257 
Oklahoma .....................................................................................
1.5419 
Oregon .........................................................................................
1.2183 
Pennsylvania ................................................................................
4.9887
Rhode Island ................................................................................
0.5958 
South Carolina .............................................................................
1.5910 
South Dakota ...............................................................................
0.7149 
Tennessee .....................................................................................
2.2646 
Texas ............................................................................................
7.2131 
Utah .............................................................................................
0.7831 
Vermont .......................................................................................
0.4573 
Virginia ........................................................................................
2.5627
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‘‘States: 
Percentage 
Washington ..................................................................................
1.7875 
West Virginia ...............................................................................
1.1319 
Wisconsin .....................................................................................
1.9916 
Wyoming ......................................................................................
0.6951
‘‘(c) SPECIAL RULE.—The Secretary shall allocate to 
Puerto Rico $1,000,000 for each of fiscal years 2004 
through 2009. Such amounts shall be subject to the provi-
sions in paragraph (d) of this section. 
‘‘(d) TREATMENT OF FUNDS.—
‘‘(1) PROGRAMMATIC DISTRIBUTION.—The Sec-
retary shall apportion 50 percent of the amounts 
made available under this section so that the amount 
apportioned to each State under this paragraph for 
each program referred to in subsection (a) (other 
than metropolitan planning, minimum guarantee, 
Appalachian development highway system, infra-
structure performance and maintenance, and rec-
reational trails programs) is equal to the amount de-
termined by multiplying the amount to be appor-
tioned under this paragraph by the ratio that—
‘‘(A) the amount of funds apportioned to 
each State for each program referred to in sub-
section (a) (other than metropolitan planning, 
minimum guarantee, Appalachian development 
highway system, infrastructure performance 
and maintenance, and recreational trails pro-
grams) for a fiscal year; bears to
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‘‘(B) the total amount of funds appor-
tioned to each State for all such programs for 
such fiscal year. 
‘‘(2) REMAINING
DISTRIBUTION.—The Sec-
retary shall allocate the remainder of funds made 
available under this section to the States for use in 
accordance with section 133; except that require-
ments of paragraphs (1) and (2) of section 133(d) 
shall not apply to amounts apportioned pursuant to 
this paragraph. 
‘‘(e) AUTHORIZATION.—There are authorized to be 
appropriated out of the Highway Trust Fund (other than 
the Mass Transit Account) such sums as may be necessary 
to carry out this section for each of fiscal years 2004 
through 2009. 
‘‘(f) GUARANTEE OF 90.5 PERCENTAGE RETURN.—
‘‘(1) IN GENERAL.—Before making any appor-
tionment under this title for each of fiscal years 
2004 through 2009, the Secretary shall adjust the 
percentages in the table in subsection (b) to reflect 
the estimated percentage of estimated tax payments 
attributable to highway users in each State paid into 
the Highway Trust Fund (other than the Mass 
Transit Account) in the latest fiscal year for which 
data is available, to ensure that no State’s percent-
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age return from such Trust Fund is less than 90.5 
percent of the State’s percentage contribution. 
‘‘(2) CONFORMING ADJUSTMENTS.—After mak-
ing any adjustments under paragraph (1) for a fiscal 
year, the Secretary shall adjust the remaining per-
centages in the table set forth in subsection (b) to 
ensure that the total of the percentages in the table, 
as adjusted, do not exceed 100 percent for such fis-
cal year. 
‘‘(3) LIMITATION
ON
ADJUSTMENTS.—After 
making any adjustments under paragraph (2) for a 
fiscal year, the Secretary shall determine whether or 
not any State’s percentage return from the Highway 
Trust Fund (other than the Mass Transit Account) 
is less than 90.5 percent of the State’s percentage 
contribution to the Highway Trust fund as a result 
of such adjustments and shall adjust the percentages 
in the table for such fiscal year accordingly. Adjust-
ments of the percentages in the table under this 
paragraph may not result in the total of such per-
centages exceeding 100 percent. 
‘‘(4) RATE OF RETURN.—A State’s percentage 
return for such fiscal year shall be in the ratio 
that—
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‘‘(A) the quotient obtained by dividing the 
total amount of funds apportioned to each 
State, except Puerto Rico, for the current fiscal 
year for Interstate maintenance, national high-
way system, bridge, congestion mitigation and 
air quality improvement, surface transportation, 
minimum guarantee, highway safety improve-
ment, Appalachian development highway sys-
tem, infrastructure performance and mainte-
nance, and recreational trails programs by the 
total amount of funds apportioned for such pro-
grams in all States, except Puerto Rico, for the 
current fiscal year; bears to 
‘‘(B) the quotient obtained by dividing the 
estimated tax payments attributable to highway 
users in each State paid into the Highway 
Trust Fund (other than the Mass Transit Ac-
count) in the latest fiscal year for which data 
are available by the estimated tax payments at-
tributable to highway users in all States paid 
into the Highway Trust Fund (other than the 
Mass Transit Account) for such fiscal year.’’.
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SEC. 1105. REVENUE ALIGNED BUDGET AUTHORITY (RABA) 
AMENDMENTS. 
Section 110 of title 23, United States Code, is 
amended—
(1) in subsections (a)(1) and (a)(2), by striking 
‘‘2000’’ and inserting ‘‘2006’’; 
(2) in subsection (a)(2), by striking ‘‘the suc-
ceeding’’ and inserting ‘‘that’’, and by striking ‘‘and 
the motor carrier safety grant program’’; 
(3) in subsection (b)(1)(A), by striking ‘‘and 
the motor carrier safety grant program’’ and by 
striking ‘‘, the Transportation Equity Act for the 
21st Century, and subchapter I of chapter 311 of 
title 49’’ after ‘‘under this title’’ and insert ‘‘and the 
Safe, Accountable, Flexible, and Efficient Transpor-
tation Equity Act of 2003’’; 
(4) in subsection (c), by inserting ‘‘the highway 
safety improvement program,’’ after ‘‘the surface 
transportation program,’’; and 
(5) by striking subsections (e), (f), and (g). 
Subtitle B—New Programs 
SEC. 1201. INFRASTRUCTURE PERFORMANCE AND MAINTE-
NANCE PROGRAM. 
(a) ESTABLISHMENT.—The Secretary shall establish 
and implement an Infrastructure Performance and Main-
tenance Program in accordance with this section.
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(b) ELIGIBLE PROJECTS.—
(1) IN GENERAL.—A State may obligate funds 
apportioned to it under this section only for highway 
projects eligible under the Interstate Maintenance 
Program, the National Highway System Program, 
and the Surface Transportation Program that will—
(A) cost-effectively preserve, maintain, or 
otherwise extend the useful life of existing high-
way infrastructure elements; or 
(B) provide operational improvements, in-
cluding traffic management and intelligent 
transportation system strategies and limited ca-
pacity enhancements, at points of recurring 
highway congestion. 
(2) TRANSFER PROHIBITION.—Notwithstanding 
sections 104 and 126 of title 23, United States 
Code, funds apportioned under this section shall not 
be transferred to another Federal agency or pro-
gram. 
(c) APPORTIONMENT
OF INFRASTRUCTURE PER-
FORMANCE AND MAINTENANCE PROGRAM FUNDS.— 
(1) IN GENERAL.— On October 1 of each fiscal 
year the Secretary shall apportion to the States the 
funds authorized to be appropriated to carry out this 
section in accordance with the following formula:
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(A) 25 percent of the apportionments in 
the ratio that—
(i) the total lane miles of Federal-aid 
highways in each State; bears to 
(ii) the total lane miles of Federal-aid 
highways in all States. 
(B) 40 percent of the apportionments in 
the ratio that—
(i) the total vehicle miles traveled on 
lanes on Federal-aid highways in each 
State; bears to 
(ii) the total vehicle miles traveled on 
lanes on Federal-aid highways in all 
States. 
(C) 35 percent of the apportionments in 
the ratio that—
(i) the estimated tax payments attrib-
utable to highway users in each State paid 
into the Highway Trust Fund (other than 
the Mass Transit Account) in the latest 
fiscal year for which data are available; 
bears to 
(ii) the estimated tax payments attrib-
utable to highway users in all States paid 
into the Highway Trust Fund (other than
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the Mass Transit Account) in the latest 
fiscal year for which data are available. 
(2) 
MINIMUM
APPORTIONMENT.—Notwith-
standing paragraph (1), each State shall receive a 
minimum of 1⁄2 of 1 percent of the funds appor-
tioned under this paragraph.
(d) CONTRACT AUTHORITY.—Funds authorized to be 
appropriated under section 1101(a)(16) of this Act to 
carry out this section shall be available for obligation in 
the same manner as if such funds were apportioned under 
chapter 1 of title 23, United States Code, except that such 
funds shall remain available for obligation only as provided 
in subsection (e); shall not be subject to any deduction 
or set aside requirement; and shall not be transferred to 
another Federal agency or program in accordance with 
subsection (b)(2). 
(e) PERIOD OF AVAILABILITY.—
(1) OBLIGATION
WITHIN
MONTHS.—Funds 
apportioned to a State under this section must be 
obligated by such State within 6 months of the date 
of apportionment. Any amounts that remain unobli-
gated at the end of that period shall be reappor-
tioned in accordance with subsection (f). 
(2) ONE YEAR.—All funds apportioned or re-
apportioned under this section shall remain available
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for obligation until the last day of the fiscal year in 
which they are apportioned. Any amounts appor-
tioned that remain unobligated at the end of the fis-
cal year shall lapse. 
(f) REDISTRIBUTION OF APPORTIONED FUNDS AND 
OBLIGATION AUTHORITY.—Six months after the date of 
apportionment or as soon thereafter as feasible in each 
fiscal year, the Secretary shall withdraw any funds appor-
tioned to a State under this section that remain unobli-
gated, along with an equal amount of obligation authority 
provided for the use of such funds pursuant to section 
1102(c) of this Act, and shall reapportion such funds and 
redistribute such obligation authority to those States that 
have fully obligated all amounts apportioned under this 
section in such fiscal year and that demonstrate they are 
able to obligate additional amounts for projects eligible 
under this section before the end of the fiscal year. The 
calculation and distribution of funds under section 105 of 
title 23, United States Code, shall not be adjusted as a 
result of the reapportionment of funds under this sub-
section. 
(g) FEDERAL SHARE PAYABLE.—The Federal share 
payable for a project funded under this section shall be 
determined in accordance with the provisions of section 
120 of title 23, United States Code.
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(h) STATE DEFINED.—In this section, the term 
‘‘State’’ has the meaning such term has under section 
101(a) of title 23, United States Code. 
SEC. 1202. CLARIFY FEDERAL-AID ELIGIBILITY FOR SECU-
RITY PROJECTS. 
Section 101 of title 23, United States Code, is 
amended—
(1) by striking the word ‘‘and’’ at the end of 
paragraph (a)(3)(G); 
(2) by striking the period at the end of para-
graph (a)(3)(H) and inserting ‘‘; and’’; 
(3) by adding the following at the end of para-
graph (a)(3)(H): 
‘‘(I) improvements directly related to 
homeland security for detection, preparedness, 
prevention, response, and recovery.’’; and 
(4) by inserting the words ‘‘protection and’’ 
after the words ‘‘means the’’ and by inserting ‘‘, se-
cure,’’ after the word ‘‘safe’’ in section (a)(14). 
SEC. 1203. FUTURE OF THE INTERSTATE HIGHWAY SYSTEM. 
(a) DECLARATION OF POLICY.—Section 101 of title 
23, United States Code, is amended by striking subsection 
(b) and inserting the following: 
‘‘(b) It is hereby declared to be in the national inter-
est to accelerate the construction and reconstruction of the
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Federal-aid highway systems since many of such high-
ways, or portions thereof, are in fact inadequate to meet 
the needs of local and interstate commerce and national 
and civil defense. 
‘‘It is further declared that it is in the national inter-
est to preserve and enhance the Dwight D. Eisenhower 
National System of Interstate and Defense Highways 
(hereafter referred to as the ‘‘Interstate System’’) to meet 
the nation’s needs for the 21st Century. Urban and long 
distance personal travel and freight movement demands 
continue to grow. Travel demand patterns will remain dy-
namic. Continued planning for and investment in the 
Interstate System is critical to assure it adequately meets 
the changing travel demands of the future. The Interstate 
System must be safe, efficient, and reliable and must en-
sure national and interregional personal mobility, the flow 
of interstate commerce, and travel movements essential for 
national security. To the maximum extent possible, actions 
under this title should address congestion and freight 
transportation to provide for a strong and vigorous na-
tional economy. Special emphasis should be devoted to 
providing safe and efficient access for the type and size 
of commercial and military vehicles that access designated 
National Highway System intermodal freight terminals.
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Terminals’’ dated May 24, 1996, ref-
erenced in paragraph (1) of this sub-
section, and any modifications to these 
connections consistent with paragraph (4) 
of this subsection, and 
‘‘(ii) 
Strategic 
Highway 
Network 
(STRAHNET) connectors to strategic 
military deployment ports. 
‘‘(B) DETERMINATION OF AMOUNT.—The 
amount of funds for each State in a fiscal year 
that shall be set aside pursuant to subpara-
graph (A) of this paragraph shall be— 
‘‘(i) equal to the total amount of 
funds apportioned to such State under sec-
tion 104(b)(1) of this title multiplied by 
the percentage of miles that routes set 
forth in subparagraph (A) of this para-
graph constitute of the total miles on the 
National Highway System in such State, 
or 
‘‘(ii) two percent of the annual appor-
tionment to the State of funds under 
104(b)(1), whichever is greater.
‘‘(C) EXEMPTION
FROM
SET-ASIDE.—In 
any fiscal year, a State may obligate the funds