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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Highway Construction
Private Investment Act of 1993’’.
SEC. 2. INCLUSION OF INTERSTATE SYSTEM IN TOLL ROAD
PROGRAM.
Section 129(a)(1) of title 23, United States Code, is
amended—
(1) in subparagraph (A) by striking ‘‘(other
than a highway, bridge, or tunnel on the Interstate
System)’’; and
(2) in subparagraph (D) by striking ‘‘(other
than a highway on the Interstate System)’’.
SEC. 3. MINIMUM OBLIGATIONS FOR PRIVATELY FINANCED
TOLL FACILITIES.
Section 129 of title 23, United States Code, is
amended by adding at the end the following new sub-
section:
‘‘(e) PRIVATE PARTICIPATION
IN FINANCING
OF
TOLL FACILITIES.—
‘‘(1) MINIMUM OBLIGATIONS.—
‘‘(A) GENERAL
RULE.—In order not to
have funds withheld under paragraph (2), each
State shall enter into in each fiscal year begin-
ning after September 30, 1993, under sub-
section (a) contracts with private persons to fi-
nance construction of toll facilities which re-
quire the private persons to obligate under such
contracts in the aggregate an amount equal to
or exceeding the State’s aggregate apportion-
ment amount for such fiscal year.
‘‘(B) 
AGGREGATE
APPORTIONMENT
AMOUNT DEFINED.—As used in this subsection,
the term ‘aggregate apportionment amount’
means—
‘‘(i) in the case of fiscal year 1994, 15
percent of the aggregate amount of funds
apportioned to the State for fiscal year
1994 under sections 104, 144, 157, and
160 of this title and sections 1013(c) and
1015 of the Intermodal Surface Transpor-
tation Efficiency Act of 1991;
‘‘(ii) in the case of fiscal year 1995,
20 percent of the aggregate amount of
funds apportioned to the State for fiscal
year 1995 under such sections; and
‘‘(iii) in the case of fiscal year 1996
and thereafter, 25 percent of the aggregate
amount of funds apportioned to the State
for the fiscal year under such sections.
‘‘(2) WITHHOLDING OF APPORTIONMENTS.—
‘‘(A) IN GENERAL.—If a State does not
enter into contracts described in paragraph (1)
in a fiscal year which require private persons to
obligate under such contracts an aggregate
amount equal to or exceeding the State’s aggre-
gate apportionment for such fiscal year, the
Secretary shall withhold from apportionment
under sections 104, 144, 157, and 160 of this
title and sections 1013(c) and 1015 of the
Intermodal Surface Transportation Efficiency
Act of 1991 on the first day of the succeeding
fiscal year an amount equal to the difference
between the aggregate apportionment amount
and the amount required to be obligated under
such contracts.
‘‘(B) TREATMENT.—The amount to be
withheld from apportionment to a State under
subparagraph (A) shall be withheld proportion-
ately from each of the apportionments to the
State under the sections referred to under sub-
paragraph (A).
‘‘(3) OBLIGATION AUTHORITY.—
‘‘(A) TREATMENT OF WITHHELD APPOR-
TIONMENTS; CORRESPONDING OBLIGATION AU-
THORITY.—For purposes of imposition of any
limitation on obligations for Federal-aid high-
ways and highway safety construction pro-
grams, funds withheld from apportionment to a
State under paragraph (2) for a fiscal year
shall be treated as having been apportioned to
the State for the fiscal year; except that obliga-
tion authority under such limitation correspond-
ing to the funds so withheld from apportion-
ment shall be distributed in accordance with
subparagraph (B).
‘‘(B) DISTRIBUTION OF OBLIGATION AU-
THORITY.—Obligation authority corresponding
to funds withheld from apportionment under
paragraph (2) shall be—
‘‘(i) distributed to the State from
which such funds were withheld if the Sec-
retary finds under paragraph (4) that the
State made good faith efforts to enter into
contracts described in paragraph (1); or
‘‘(ii) 
distributed 
proportionately
among the States to which such funds are
apportioned under paragraph (5) if the
Secretary does not make such a finding.
‘‘(4) APPORTIONMENT OF WITHHELD FUNDS.—
If, before October 31 of such fiscal year, a State
from which funds are withheld from apportionment
for a fiscal year under paragraph (2) demonstrates
to the satisfaction of the Secretary that it used good
faith efforts to enter into contracts described in
paragraph (1) in the preceding fiscal year which re-
quire private persons to obligate an aggregate
amount which equals or exceeds the State’s aggre-
gate apportionment amount for such fiscal year, the
Secretary shall apportion, on the date of making
such finding, to the State the withheld funds.
‘‘(5) 
REAPPORTIONMENT
OF
WITHHELD
FUNDS.—
‘‘(A) IN GENERAL.—If, before October 31
of a fiscal year, the Secretary does not find that
a State made the good faith efforts referred to
in paragraph (4), the Secretary shall apportion,
not later than November 10 of such fiscal year,
the funds withheld from apportionment to the
State among those States which entered into
contracts described in paragraph (1) in the pre-
ceding fiscal year which required private per-
sons to obligate an aggregate amount exceeding
those State’s respective aggregate apportion-
ment amounts for such fiscal year. Such funds
shall be apportioned among such States so that
each of such States is apportioned an amount
determined by multiplying the amount of funds
withheld from apportionment and the quotient
of—
‘‘(i) the percentage by which—
‘‘(I) the aggregate amount which
was actually required to be obligated
by private persons under contracts de-
scribed in paragraph (1) and entered
into in the preceding fiscal year with
the State for which determination is
being made; exceeds
‘‘(II) the aggregate apportion-
ment amount for the preceding fiscal
year of the State for which the deter-
mination is being made; divided by
‘‘(ii) the aggregate of all such percent-
ages for all such States.
‘‘(B) TRANSFER
TO
STP
APPORTION-
MENT.—Subject to subparagraph (C), the Sec-
retary shall transfer amounts apportioned to a
State under this paragraph to the apportion-
ment of such State under section 104(b)(3) for
the surface transportation program.
‘‘(C) LIMITATION
ON
APPLICABILITY
OF
CERTAIN REQUIREMENTS OF STP PROGRAM.—
The following provisions of section 133 of this
title shall not apply to the amounts transferred
under subparagraph (B) to the apportionment
of the State for the surface transportation pro-
gram:
‘‘(i) Subsection (d)(1).
‘‘(ii) Subsection (d)(2).
‘‘(iii) Subsection (d)(3).’’.
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