II

104TH CONGRESS

2D SESSION S. 2143

To authorize funds for construction of highways, and for other purposes.

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 27, 1996

Mr. WARNER (for himself, Mr. GRAHAM, Mr. INHOFE, Mr. COATS, Mr.

LUGAR, Mr. GRAMM, Mrs. HUTCHISON, Mr. ROBB, Mr. FAIRCLOTH, Mr.

HOLLINGS, Mr. MCCONNELL, Mr. FORD, and Mr. NICKLES) introduced

the following bill; which was read twice and referred to the Committee

on Environment and Public Works

A BILL

To authorize funds for construction of highways, 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; TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘ISTEA Integrity Restoration Act.’’

6 (b) TABLE OF CONTENTS.—

Sec. 1. Short title; table of contents.

Sec. 2. Amendments to title 23, United States Code.

Sec. 3. Applicability.

Sec. 4. Declaration of policy.

Sec. 5. Authorization of appropriations.

Sec. 6. National Highway System.

Sec. 7. Interstate maintenance activities.
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Sec. 8. Streamlined surface transportation program.

Sec. 9. Population determinations.

Sec. 10. Highway bridge replacement and rehabilitation activities.

Sec. 11. Congestion mitigation and air quality improvement activities.

Sec. 12. Apportionment adjustment program.

Sec. 13. Repeal of Set-Asides for Discretionary Programs.

Sec. 14. Technical Correction to Program Administration Set-Aside.

1 SEC. 2. AMENDMENTS TO TITLE 23, UNITED STATES CODE.

2 Except as otherwise specifically provided, whenever in

3 this Act an amendment or repeal is expressed in terms

4 of an amendment to, or repeal of, a section or other provi5 sion of law, the reference shall be considered to be made

6 to a section or other provision of title 23, United States

7 Code.

8 SEC. 3. EFFECTIVE DATE; APPLICABILITY; CERTAIN UNOB9 LIGATED BALANCES.

10 (a) GENERAL RULE.—This Act, including the

11 amendments made by this Act, shall take effect on the

12 date of the enactment of this Act.

13 (b) APPLICABILITY.—Except as otherwise specifically

14 provided, this Act and the amendments made by this Act

15 shall apply only to funds authorized to be appropriated

16 or made available after September 30, 1997, and, except

17 as otherwise provided in subsection (c), shall not apply to

18 funds appropriated or made available on or before Septem19 ber 30, 1997.

20 (c) UNOBLIGATED BALANCES.—

21 (1) IN GENERAL.—Unobligated balances of

22 funds apportioned to a State under sections
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1 104(b)(2), 104(b)(4), 104(b)(5), and 144(e) of title

2 23, sections 1013(c), 1069, 1103, 1104, 1105, 1106,

3 1107, 1108 of Public Law 102–240 before October

4 1, 1997, shall be available for obligation in that

5 state under the law, regulations, policies and proce6 dures relating to the obligation and expenditure of

7 those funds in effect on September 30, 1997.

8 (2) TRANSFERABILITY.—

9 (A) CONGESTION MITIGATION AND AIR

10 QUALITY IMPROVEMENT PROGRAM.—A State

11 may transfer unobligated balances of funds ap12 portioned to the State before October 1, 1997,

13 for the Congestion Mitigation and Air Quality

14 Improvement Program to the apportionment to

15 such State under section 104(b)(3).

16 (B) INTERSTATE CONSTRUCTION AND

17 INTERSTATE MAINTENANCE PROGRAMS.—A

18 State may transfer unobligated balances of

19 funds apportioned to the State before October

20 1, 1997, for the Interstate Construction Pro21 gram or the Interstate Maintenance Program to

22 the apportionment to such State under section

23 104(b)(1).

24 (C) BRIDGE REPLACEMENT AND REHA25 BILITATION PROGRAM.—A State may transfer
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1 unobligated balances of funds apportioned to

2 the State before October 1, 1997, for the

3 Bridge Replacement and Rehabilitation Pro4 gram to the apportionment to such State under

5 section 104(b)(1) or 104(b)(3), or both.

6 (D) SURFACE TRANSPORTATION PRO7 GRAM.—A State may transfer unobligated bal8 ances of funds apportioned to the State before

9 October 1, 1997, for the Surface Transpor10 tation Program to the apportionment to such

11 State under section 104(b)(3).

12 (E) APPLICABILITY OF CERTAIN LAWS,

13 REGULATIONS, POLICIES, AND PROCEDURES.—

14 Funds transferred under this paragraph shall

15 be subject to the laws, regulations, policies, and

16 procedures relating to the apportionment to

17 which they are transferred.

18 SEC. 4. DECLARATION OF POLICY.

19 Congress finds and declares the following:

20 (1) ISTEA set in motion a positive effort to21 ward implementation of a responsive transportation

22 program designed to meet a variety of national

23 transportation needs by increasing State and local

24 flexibility, streamlining the program structure, and
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1 rethinking the relationship among the States and

2 the metropolitan areas within them.

3 (2) It is the policy of the United States to build

4 upon the successes of ISTEA and to develop a Na5 tional Intermodal Transportation System that is eco6 nomically efficient and environmentally sound, pro7 vides the foundation for the Nation to compete in

8 the global economy, and will move people and goods

9 in an energy efficient manner.

10 (3) The National Intermodal Transportation

11 System shall consist of all forms of transportation in

12 a unified, interconnected manner, including the

13 transportation systems of the future, to reduce en14 ergy consumption and air pollution while promoting

15 economic development and supporting the Nation’s

16 preeminent position in international commerce.

17 (4) The National Intermodal Transportation

18 System shall provide improved access to ports and

19 airports, the Nation’s link to world commerce.

20 (5) The National Intermodal Transportation

21 System must be the centerpiece of a national invest22 ment commitment to create the new wealth of the

23 Nation for the 21st century.

24 (6) The National Highway System is the foun25 dation for the Nation’s unified, connected transpor-
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1 tation system. National policy for the National

2 Highway System should be broadly focused, consid3 ering all vital economic and mobility resources.

4 (7) The national policy will direct our common

5 resources toward preservation and management of

6 our present transportation infrastructure. National

7 surface transportation policy should be directed to8 ward maintaining a safe, mobile, and economically

9 competitive transportation system for the Nation.

10 (8) While the National Highway System links

11 the Nation for enhanced economic and social mobil12 ity, the surface transportation needs of each State

13 and region differ greatly. The surface transportation

14 program should focus on the fundamental needs of

15 the Nation’s transportation network, while refrain16 ing from prescribing the form of that network for all

17 parts of the country.

18 (9) The national surface transportation policy

19 must provide sufficient flexibility for States and lo20 calities to respond to diverse local needs.

21 (10) National funding for surface transpor22 tation should be based on current, reasonable, and

23 appropriate revenue distribution formulas. Appro24 priate and adequate funding will enhance the ability
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1 of all states to meet common goals in safety, mobil2 ity, and economic development.

3 SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

4 For the purpose of carrying out title 23, United

5 States Code, the following sums are authorized to be ap6 propriated out of the highway trust fund (other than the

7 mass transit account):

8 (1) NATIONAL HIGHWAY SYSTEM.—For the Na9 tional Highway System $10,174,424,000 for each

10 fiscal year 1998–2002.

11 (2) SURFACE TRANSPORTATION PROGRAM.—

12 For the surface transportation program

13 $15,261,636,000 for each fiscal year 1998–2002.

14 (3) FEDERAL LANDS HIGHWAY PROGRAM.—

15 (A) INDIAN RESERVATION ROADS.—For

16 Indian reservation roads $245,700,000 for each

17 fiscal year 1998–2002.

18 (B) PUBLIC LANDS HIGHWAYS.—For pub19 lic lands highways $213,700,000 for each fiscal

20 year 1998–2002.

21 (C) Parkways and park highways.—For

22 parkways and park highways $104,520,000 for

23 each Fiscal Year 1998–2002.

24 SEC. 6. NATIONAL HIGHWAY SYSTEM.

25 (a) DEFINITIONS.—
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1 (1) FEDERAL-AID SYSTEM DEFINED.—Section

2 101(a) is amended by striking the undesignated

3 paragraph relating to the term ‘‘Federal-aid system’’

4 and inserting the following: ‘‘The term ‘Federal-aid

5 system’ means the National Highway System.’’

6 (2) NATIONAL HIGHWAY SYSTEM DEFINED.—

7 Section 101(a) is amended by striking the undesig8 nated paragraph relating to the term ‘‘National

9 Highway System’’ and inserting the following: ‘‘The

10 term ‘National Highway System’ means the Federal11 aid highway system established pursuant to section

12 103(b) of this title.’’

13 (3) HIGHWAY FUNDS DEFINED.—Section

14 101(a) is amended by adding at the end the follow15 ing: ‘‘Beginning on October 1, 1997, the term ‘high16 way funds’ means, with respect to any fiscal year,

17 the funds apportioned and allocations authorized by

18 this Act to a State for such fiscal year, and the

19 funds administratively allocated to a State for the

20 preceding fiscal year (if any), for Federal-aid high21 way and highway safety construction (other than

22 funds made available for the Federal lands highway

23 program and for emergency relief).’’

24 (b) PROGRAM SPECIFICATIONS.—Section 103 is

25 amended—
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1 (1) by striking the section designation and

2 heading and inserting the following:

3 ‘‘§ 103. National Highway System’’;

4 (2) by striking subsections (a), (f), (g), and (h);

5 and

6 (3) by redesignating subsection (i) as subsection

7 (f).

8 (c) APPORTIONMENTS.—Section 104(b) is amended

9 by striking paragraph (1) and inserting the following:

10 ‘‘(1) NATIONAL HIGHWAY SYSTEM.—For the

11 National Highway System, one-third percent to the

12 Virgin Islands, Guam, American Samoa, and the

13 Commonwealth of the Northern Mariana Islands

and the remaining 992 14 ⁄3 percent apportioned as fol15 lows:

16 ‘‘(A) For States with an average popu17 lation density of 20 persons per square mile or

18 fewer, and for States with a population of

19 1,500,000 or fewer and with a land area of

20 10,000 square miles or less, either a percentage

21 share of apportionments equal to the percent22 age listed for such State in section 157(d) of

23 this title or a share determined under subpara24 graph (B), whichever is greater.
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1 ‘‘(B) for all other States, a share of the

2 apportionments remaining determined according

3 to the following formula:

4 ‘‘(i) One-ninth in the ratio which total

5 rural lane miles in each State, as certified

6 by the Secretary, bears to those of all

7 States of average population density great8 er than 20 persons per square mile and all

9 States with populations of more than

10 1,500,000 and land area of more than

11 10,000 square miles, as certified by the

12 Secretary.

13 ‘‘(ii) One-ninth in the ratio which

14 total rural vehicle miles traveled in each

15 State, as certified by the Secretary, bears

16 to those of all States described in clause

17 (i).

18 ‘‘(iii) Two-ninths in the ratio which

19 total urban lane miles in each State, as

20 certified by the Secretary, bears to those of

21 all States described in clause (i).

22 ‘‘(iv) Two-Ninths in ratio which total

23 urban vehicle miles traveled in each State,

24 as certified by the Secretary, bears to

25 those of all States described in clause (i).
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1 ‘‘(v) three-ninths in the ratio which

2 total diesel fuel used on highways in each

3 State, as certified by the Secretary, bears

4 to that used on highways in all States de5 scribed in clause (i).’’.

6 (d) CONFORMING AMENDMENT.—The table of sec7 tions for chapter 1 is amended by striking the item relat8 ing to section 103 and inserting the following:

‘‘103. National Highway System.’’

9 SEC. 7. INTERSTATE MAINTENANCE ACTIVITIES.

10 (a) ELIMINATION OF APPORTIONMENTS.—Section

11 104(b)(5)(B) is repealed.

12 (b) FUNDING OF ACTIVITIES.—Section 119 is

13 amended—

14 (1) in the section heading by striking ‘‘pro15 gram’’ and inserting ‘‘activities’’;

16 (2) in subsection (a)—

17 (A) by striking ‘‘sections 103 and 139(c)

18 of this title and routes on the Interstate System

19 designated before the date of enactment of this

20 sentence under section 139 (a) and (b) of’’;

21 (B) by striking the second sentence and in22 serting the following: ‘‘Sums used for these ac23 tivities shall be out of the funds apportioned in

24 accordance with sections 104(b)(1) and

25 104(b)(3) of this title’’;
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1 (3) in subsection (b) by striking ‘‘If a State

2 fails to certify’’ and all that follows through the pe3 riod at the end of the subsection;

4 (4) by striking subsection (d) and redesignating

5 subsection (e) as subsection (d); and

6 (5) by striking subsections (f) and (g).

7 (c) CONFORMING AMENDMENT.—The table of sec8 tions for chapter 1 is amended by striking the item relat9 ing to section 119 and inserting the following:

‘‘119. Interstate maintenance activities.’’

10 SEC. 8. STREAMLINED SURFACE TRANSPORTATION PRO11 GRAM.

12 (a) IN GENERAL.—Section 133 is amended—

13 (1) in subsection (b) by adding at the end the

14 following:

15 ‘‘(12) CONGESTION MITIGATION AND AIR QUAL16 ITY IMPROVEMENT ACTIVITIES.—In areas of a State

17 which are nonattainment for ozone or carbon mon18 oxide, or for PM–10 resulting from transportation

19 activities, or for any combination of these sub20 stances, the State may obligate such funds for any

21 congestion mitigation and air quality improvement

22 project or program without regard to any limitation

23 of the Department of Transportation relating to the

24 type of ambient air quality standard such project or

25 program addresses’’;
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1 (2) in subsection (c)—

2 (A) by striking ‘‘subsections (b) (3) and

3 (4)’’ and inserting ‘‘subsections (b)(3), (b)(4),

4 (b)(8), and (b)(12)’’; and

5 (B) by striking ‘‘unless such roads are on

6 a Federal-aid highway system on January 1,

7 1991, and’’;

8 (3) in subsection (d)—

9 (A) by striking paragraphs (1) and (2) and

10 inserting:

11 ‘‘(1) FOR TRANSPORTATION ENHANCEMENT AC12 TIVITIES.—Each year a State shall allocate for

13 transportation enhancement activities an amount of

14 the funds available for obligation under section

15 104(b)(3) determined by multiplying—

16 ‘‘(i) an amount of the funds required to be

17 allocated in such areas under Public Law 102–

18 240 for fiscal year 1995; by

19 ‘‘(ii) the amount determined by dividing—

20 ‘‘(I) the highway funds of the State

21 for such fiscal year; by

22 ‘‘(II) the highway funds of the State

23 for fiscal year 1995.’’

24 (B) by redesignating paragraphs (3) and

25 (4) as paragraphs (2) and (3) respectively;
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1 (C) in paragraph (3) (as so designated)—

2 (i) by striking subparagraph (A) and

3 inserting the following:

4 ‘‘(A) GENERAL RULE.—Except as provided

5 by subparagraph (C), a State shall allocate in

6 each area of the State with an urbanized popu7 lation of over 200,000 an amount of the funds

8 available for obligation under section 104(b)(3)

9 for each fiscal year determined by multiply10 ing—

11 ‘‘(i) the amount of funds required to

12 be allocated in such areas under Public

13 Law 102–240 for fiscal year 1997; by

14 ‘‘(ii) the amount determined by divid15 ing—

16 ‘‘(I) the highway funds of the

17 State for such fiscal year; by

18 ‘‘(II) the highway funds of the

19 State for fiscal year 1997’’;

20 (ii) in subparagraph (B) by striking

21 ‘‘subparagraph (A)(ii)’’ and inserting ‘‘this

22 section’’;

23 (iii) by striking subparagraph (C) and

24 inserting the following:
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1 ‘‘(C) SPECIAL RULE FOR CERTAIN

2 STATES.—Subparagraph (A) shall not apply in

3 the case of a State—

4 ‘‘(i) in which greater than 80 percent

5 of the population of the State is located in

6 one or more metropolitan statistical areas

7 and greater than 80 percent of the land

8 area is owned by the United States; or

9 ‘‘(ii) which is noncontiguous with the

10 continental United States’’;

11 (iv) by striking subparagraph (D) and

12 redesignating subparagraph (E) as sub13 paragraph (D);

14 (v) in subparagraph (D), as so redes15 ignated, by striking ‘‘(A)(i)’’ each place it

16 appears and inserting ‘‘(A)’’; and

17 (D) in paragraph (4)(A) (as redesignated

18 by subparagraph (B)), by striking ‘‘paragraph

19 (2)’’ and inserting ‘‘paragraph (1)’’;

20 (4) in subsection (e)—

21 (A) by striking paragraph (1);

22 (B) by redesignating paragraphs (2)

23 through (5) as paragraphs (1) through (4), re24 spectively;
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1 (C) by striking ‘‘(d)(2)’’ each place it ap2 pears and inserting ‘‘(d)(1)’’; and

3 (D) by striking paragraph (1) (as so redes4 ignated) and inserting the following:

5 ‘‘(1) CERTIFICATION.—The Governor of each

6 State shall certify to the Secretary before the begin7 ning of each fiscal year that the State will meet all

8 the requirements of this section and shall notify the

9 Secretary that the amount of obligations expected to

10 be incurred for surface transportation program

11 projects during such fiscal year are in accordance

12 with the surveys, plans, specifications, and estimates

13 for each proposed project included in the surface

14 transportation program category in the statewide

15 transportation improvement program for such fiscal

16 year. A State may request adjustment to the obliga17 tion amounts later in such fiscal year. Acceptance of

18 the notification and certification shall be deemed a

19 contractual obligation of the United States for the

20 payment of its Federal share of costs incurred by

21 the State for projects not subject to review by the

22 Secretary under this chapter’’;

23 (5) in subsection (f)—

24 (A) by striking ‘‘1992 through 1997’’ and

25 inserting ‘‘1998 through 2002’’; and
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1 (B) by striking ‘‘and highway safety con2 struction’’ each place it appears.

3 (b) APPORTIONMENTS.—Section 104(b) is amended

4 by striking paragraph (3) and inserting the following:

5 ‘‘(3) SURFACE TRANSPORTATION PROGRAM.—

6 For the surface transportation program:

7 ‘‘(A) For States with an average popu8 lation density of 20 persons per square mile or

9 fewer and for States with a population of

10 1,500,000 or fewer and a land area of 10,000

11 square miles or less, either a percentage share

12 of apportionments equal to the percentage listed

13 for such State in section 157(d) of this title or

14 a share determined under subparagraph (B),

15 whichever is greater.

16 ‘‘(B) For all other States, a percentage

17 share of the apportionments remaining equal to

18 the percentage of estimated tax payments at19 tributable to highway users in the State paid

20 into the highway trust fund (other than the

21 mass transit account) in the latest fiscal year

22 for which data are available.’’.

23 SEC. 9. POPULATION DETERMINATIONS.

24 Section 104 is amended by adding at the end the fol25 lowing:
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1 ‘‘(k) POPULATION DETERMINATIONS.—For purposes

2 of subsections (b)(3) and (b)(4), population shall be deter3 mined on the basis of the most recent estimates prepared

4 by the Secretary of Commerce.’’.

5 SEC. 10. HIGHWAY BRIDGE REPLACEMENT AND REHABILI6 TATION ACTIVITIES.

7 (a) REPEAL OF PROGRAM.—Section 144 is repealed.

8 (b) CONFORMING AMENDMENT.—The table of sec9 tions for chapter 1 is amended by striking the item relat10 ing to section 144.

11 SEC. 11. CONGESTION MITIGATION AND AIR QUALITY IM12 PROVEMENT ACTIVITIES.

13 (a) ELIMINATION OF APPORTIONMENTS.—Section

14 104(b)(2) is repealed.

15 (b) REPEAL OF PROGRAM.—Section 149 is repealed.

16 (c) CONFORMING AMENDMENT.—The table of sec17 tions for chapter 1 is amended by striking the item relat18 ing to section 149 .

19 SEC. 12. APPORTIONMENT ADJUSTMENT PROGRAM.

20 (a) IN GENERAL.—Section 157 is amended to read

21 as follows:

22 ‘‘§ 157. Apportionment Adjustment Program

23 ‘‘(a) GENERAL RULE.—On October 1 (or as soon as

24 possible thereafter) of each fiscal year beginning after

25 September 30, 1997, the Secretary shall apportion among
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1 the States, as defined in section 101 of this title, addi2 tional amounts sufficient to insure that the ratio of the

3 highway funds of the State to the highway funds of all

4 States for the fiscal year is not less than in the percentage

5 listed for such State in subsection (d).

6 ‘‘(b) ADDITIONAL APPORTIONMENTS.—In addition to

7 any amount required to be apportioned by subsection (a)

8 for a fiscal year, a State shall receive additional apportion9 ments so that no State’s percentage of highway funds for

10 the fiscal year is less than 95 percent of the percentage

11 of estimated tax payments attributable to highway users

12 in the State paid into the highway trust fund (other than

13 the mass transit account) in the latest fiscal year for

14 which data are available.

15 ‘‘(c) REQUIREMENT.—

16 ‘‘(1) IN GENERAL.—Any increase in apportion17 ments necessary to comply with subsection (a) or (b)

18 of this section shall be accomplished so that the

19 ratio of—

20 ‘‘(A) the highway funds of each State with

21 an average population density of 20 persons per

22 square mile or fewer and each State with a pop23 ulation of $1,500,000 or less and a land area

24 of 10,000 square miles or less; to
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1 ‘‘(B) the highway funds of all States, for

2 the fiscal year is not less than the percentage

3 share listed for such State in subsection (d).

4 ‘‘(2) POPULATION DETERMINATIONS.—For pur5 poses of this subsection, population shall be deter6 mined on the basis of the most recent estimates pre7 pared by the Secretary of Commerce.

8 ‘‘(d) STATE PERCENTAGES.—The percentage of total

9 funding referred to in subsection (a) for each State shall

10 be determined in accordance with the following table:

‘‘States: Adjustment percentage

Alabama ....................................................................................... 2.02

Alaska .......................................................................................... 1.24

Arizona ......................................................................................... 1.68

Arkansas ...................................................................................... 1.32

California ..................................................................................... 9.81

Colorado ....................................................................................... 1.23

Connecticut .................................................................................. 1.00

Delaware ...................................................................................... 0.40

District of Columbia .................................................................... 0.13

Florida ......................................................................................... 4.77

Georgia ......................................................................................... 3.60

Hawaii .......................................................................................... 0.55

Idaho ............................................................................................ 0.70

Illinois .......................................................................................... 3.71

Indiana ......................................................................................... 2.63

Iowa ............................................................................................. 1.13

Kansas ......................................................................................... 1.10

Kentucky ...................................................................................... 1.91

Louisiana ..................................................................................... 1.63

Maine ........................................................................................... 0.50

Maryland ...................................................................................... 1.64

Massachusetts .............................................................................. 1.68

Michigan ...................................................................................... 3.34

Minnesota ..................................................................................... 1.56

Mississippi .................................................................................... 1.23

Missouri ....................................................................................... 2.45

Montana ....................................................................................... 0.95

Nebraska ...................................................................................... 0.73

Nevada ......................................................................................... 0.67

New Hampshire ........................................................................... 0.48

New Jersey .................................................................................. 2.28

New Mexico .................................................................................. 1.05
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‘‘States: Adjustment percentage

New York ..................................................................................... 4.27

North Carolina ............................................................................. 2.83

North Dakota ............................................................................... 0.63

Ohio ............................................................................................. 3.77

Oklahoma ..................................................................................... 1.55

Oregon ......................................................................................... 1.23

Pennsylvania ................................................................................ 4.12

Puerto Rico .................................................................................. 0.50

Rhode Island ................................................................................ 0.55

South Carolina ............................................................................. 1.63

South Dakota ............................................................................... 0.70

Tennessee ..................................................................................... 2.30

Texas ............................................................................................ 7.21

Utah ............................................................................................. 0.71

Vermont ....................................................................................... 0.43

Virginia ........................................................................................ 2.61

Washignton .................................................................................. 1.75

West Virginia ............................................................................... 0.76

Wisconsin ..................................................................................... 1.91

Wyoming ...................................................................................... 0.66

1 ‘‘(e) TERMS AND CONDITIONS.—Amounts appor2 tioned pursuant to subsections (a) and (b) shall be avail3 able for obligation when allocated for the year authorized

4 plus the 3 succeeding fiscal years, shall be subject to the

5 provisions of this title, and may be obligated for National

6 Highway System projects, surface transportation program

7 projects, or any other purpose authorized under this title.

8 ‘‘(f) OBLIGATION LIMITATIONS.—Obligation limita9 tions for Federal-aid highways and highway safety con10 struction programs established by this title or any subse11 quent law shall not apply to obligations made under this

12 section, except where the provision of law establishing

13 such limitation specifically amends or limits the applicabil14 ity of this subsection.
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1 ‘‘(g) APPORTIONMENTS.—To carry out this section

2 there is authorized to be appropriated out of the highway

3 trust fund, other than the mass transit account, such

4 sums as may be necessary for each fiscal year beginning

5 after September 30, 1997.’’

6 (b) CONFORMING AMENDMENT.—The table of sec7 tions for chapter 1 is amended by striking the item relat8 ing to section 157 and inserting the following:

‘‘157. Apportionment adjustment program.’’

9 (c) REPEAL OF EXISTING APPORTIONMENT ADJUST10 MENT PROGRAMS.—

11 (1) REPEAL OF REIMBURSEMENT FOR SEG12 MENTS OF THE INTERSTATE SYSTEM CONSTRUCTED

13 WITHOUT FEDERAL ASSISTANCE.—

14 (A) REPEAL.—Section 160 is repealed.

15 (B) CONFORMING AMENDMENT.—The

16 table of sections for chapter 1 is amended by

17 striking the item relating to section 160.

18 (2) REPEAL OF DONOR STATE BONUS.—Section

19 1013(c) of the Intermodal Surface Transportation

20 Efficiency Act of 1991 (23 U.S.C. 157 note; 105

21 Stat. 1940–1941) is repealed.

22 (3) REPEAL OF HOLD HARMLESS APPORTION23 MENT ADJUSTMENT.—Section 1015(a) of the Inter24 modal Surface Transportation Efficiency Act of
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1 1991 (23 U.S.C. 104 note; 105 Stat. 1943–1944) is

2 repealed.

3 (4) REPEAL OF 90 PERCENT OF PAYMENTS

4 ADJUSTMENT.—Section 1015(b) of the Intermodal

5 Surface Transportation Efficiency Act of 1991 (23

6 U.S.C. 104 note; 105 Stat. 1944–1945) is repealed.

7 SEC. 13. REPEAL OF SET-ASIDES FOR DISCRETIONARY PRO8 GRAMS

9 (a) REPEAL OF SET-ASIDE FOR RAILWAY-HIGHWAY

10 CROSSING HAZARD ELIMINATION IN HIGH SPEED RAIL

11 CORRIDORS.—Section 104 is amended by striking sub12 section (d) and inserting the following:

13 ‘‘(d) OPERATION LIFESAVER.—The Secretary shall

14 expend, from administrative funds deducted under sub15 section (a), $300,000 for each fiscal year for carrying out

16 a public information and education program to help pre17 vent and reduce motor vehicle accidents, injuries, and fa18 talities and to improve driver performance at railway-high19 way crossings’’;

20 (b) REPEAL OF SET-ASIDES FOR THE INTERSTATE

21 AND NATIONAL HIGHWAY SYSTEM DISCRETIONARY PRO22 GRAMS.—Section 118 is amended by striking subsection

23 (c) and redesignating subsections (d), (e) and (f) as sub24 sections (c), (d) and (e), respectively.
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1 SEC. 14. TECHNICAL CORRECTION TO PROGRAM ADMINIS2 TRATION SET-ASIDE.

3 Subsection (a) of section 104 is amended—

4 (1) by striking ‘‘the surface transportation pro5 gram, the congestion mitigation and air quality im6 provement program, the National Highway System,

7 and the Interstate System’’ and inserting ‘‘the sur8 face transportation program and the National High9 way System’’;

(2) by striking ‘‘not to exceed 33 10 ⁄4 per centum’’

11 and inserting ‘‘not to exceed 2 per centum.’’

Æ