I 
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. BUR-
TON of Indiana, Mr. BUYER, Mr. CAMP, Mr. CARSON of Oklahoma, Ms. 
CARSON of Indiana, Mr. CARTER, Mr. CHOCOLA, Mr. COBLE, Mr. COL-
LINS, Mr. COMBEST, Mr. CONYERS, Mr. CULBERSON, Mr. DAVIS of Flor-
ida, 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 Ari-
zona, 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. KIL-
PATRICK, 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. MAR-
SHALL, Mr. MEEK of Florida, Mr. MILLER of North Carolina, Mrs. MIL-
LER 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. THORN-
BERRY, Mr. TIBERI, Mr. TURNER of Texas, Mr. TURNER of Ohio, Mr. 
UPTON, Mr. VISCLOSKY, Mr. WAMP, Mr. WATT, Mr. WEXLER, Mr. WIL-
SON of South Carolina, and Mr. WOLF) introduced the following bill;
which was referred to the Committee on Transportation and Infrastruc-
ture 
A BILL 
To amend title 23, United States Code, relating to the 
minimum guarantee program.
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 Funding Eq-
uity 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 sub-
section (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
‘‘(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 accord-
ing to the 2000 decennial census, the per-
centage 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 pro-
vided in subparagraph (B), for each of fis-
cal years 2004 through 2009, on or before 
September 30 of the fiscal year, the Sec-
retary 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 per-
centage for each State of all of those allo-
cations 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 allo-
cated 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 subpara-
graph (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 main-
tenance program under section 
119, the surface transportation 
program under section 133, met-
ropolitan planning under section 
134, the highway bridge replace-
ment and rehabilitation program 
under section 144, the congestion 
mitigation and air quality im-
provement program under section 
149, the recreational trails pro-
gram under section 206, the Ap-
palachian development highway 
system under subtitle IV of title 
40, and the basic minimum guar-
antee 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 Tran-
sit Account and allocations for 
emergency relief); bears to 
‘‘(II) the sum of the apportion-
ments and allocations specified in sub-
clause (I) to all States for the fiscal 
year. 
‘‘(C) OBLIGATION
LIMITATIONS.—Obliga-
tion limitations for Federal-aid highways and 
highway safety construction programs estab-
lished by the Act enacting this subparagraph or 
any subsequent Act shall not apply to appor-
tionments for the discretionary minimum guar-
antee under this paragraph. 
‘‘(b) TREATMENT OF FUNDS.—
‘‘(1) PROGRAMMATIC DISTRIBUTION.—The Sec-
retary 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 sub-
section (a)(1)(A) (other than the high priority 
projects program, metropolitan planning, the rec-
reational trails program, the Appalachian develop-
ment highway system, and the minimum guarantee 
under subsection (a)) is equal to the product ob-
tained 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, metropoli-
tan planning, the recreational trails pro-
gram, the Appalachian development high-
way system, and the minimum guarantee 
under subsection (a)) for a fiscal year; 
bears to 
‘‘(ii) the total amount of funds appor-
tioned to the State for that program for 
the fiscal year. 
‘‘(2) REMAINING DISTRIBUTION.—
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), the Secretary shall apportion the re-
mainder of funds made available under this sec-
tion 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 ac-
cordance 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 apportion-
ment 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 per-
cent; and 
‘‘(B) if the sum of the percentages exceeds 
100 percent, proportionately adjust the percent-
ages specified in the table contained in sub-
section (e) to ensure that the sum of the per-
centages determined under subsection (a)(1)(B) 
for the fiscal year equals 100 percent. 
‘‘(2) ELIGIBILITY
THRESHOLD
FOR
ADJUST-
MENT.—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 con-
tained 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.—Adjust-
ments of the percentages in the table contained in
subsection (e) in accordance with this subsection 
shall not result in a total of the percentages deter-
mined under subsection (a)(1)(B) that exceeds 100 
percent.’’; and 
‘‘(4) in subsection (e) (as redesignated by para-
graph (2)), by striking ‘‘subsection (a)’’ and insert-
ing ‘‘subsections (a)(1)(B)(ii)(II) and (d)’’.
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