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[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3775 Introduced in House (IH)]

104th CONGRESS
  2d Session
                                H. R. 3775

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

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 10, 1996

Mr. DeLay (for himself, Mr. Condit, Mr. Hostettler, Mr. Mica, Mr. Myers 
   of Indiana, Mr. McIntosh, Mr. Stockman, Mr. Buyer, Mr. Burton of 
Indiana, Mr. Chapman, Mr. McCollum, Mr. Johnston of Florida, Mr. Smith 
of Texas, Mr. Lewis of Kentucky, Mr. Bereuter, Mr. Ward, Mr. Hamilton, 
 Mr. Laughlin, Mr. Taylor of North Carolina, Mr. Stenholm, Mr. Roemer, 
   Mr. Jacobs, Ms. Brown of Florida, Mrs. Fowler, Mr. Goodlatte, Mr. 
  Bonilla, Mr. Pete Geren of Texas, Mr. Thornberry, Mrs. Lincoln, Mr. 
Frost, Mr. Bateman, Mr. Sisisky, Mr. Pickett, Mr. Ballenger, Mr. Payne 
   of Virginia, Mr. Moran, Mr. Barton of Texas, Mr. Bentsen, and Mr. 
    Stump) introduced the following bill; which was referred to the 
             Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL

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

    Be it enacted by the Senate and House of Representatives 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 ``ISTEA Integrity 
Restoration Act''.
    (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.
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. 2. AMENDMENTS TO TITLE 23, UNITED STATES CODE.

    Except as otherwise specifically provided, whenever in this Act an 
amendment or repeal is expressed in terms of an amendment to, or repeal 
of, a section or other provision of law, the reference shall be 
considered to be made to a section or other provision of title 23, 
United States Code.

SEC. 3. APPLICABILITY.

    (a) In General.--Except as otherwise specifically provided, this 
Act and the amendments made by this Act shall apply only to fiscal 
years beginning after September 30, 1997.
    (b) Limitation on Statutory Construction.--Nothing in this Act or 
any amendment made by this Act shall be construed as affecting funds 
made available for a fiscal year ending before October 1, 1997.

SEC. 4. DECLARATION OF POLICY.

    Congress finds and declares the following:
            (1) The National Highway System is the foundation for the 
        Nation's unified, connected transportation system. National 
        policy for the National Highway System should be broadly 
        focused, considering all vital economic and mobility resources.
            (2) The national policy will direct our common resources 
        toward preservation and management of our present 
        transportation infrastructure. National surface transportation 
        policy should be directed toward maintaining a safe, mobile, 
        and economically competitive transportation system for the 
        Nation.
            (3) While the National Highway System links the Nation for 
        enhanced economic and social mobility, the surface 
        transportation needs of each State and region differ greatly. 
        The surface transportation program should focus on the 
        fundamental needs of the Nation's transportation network, while 
        refraining from prescribing the form of that network for all 
        parts of the country.
            (4) The national surface transportation policy must provide 
        sufficient flexibility for States and localities to respond to 
        diverse local needs.
            (5) National funding for surface transportation should be 
        based on current, reasonable, and appropriate revenue 
        distribution formulas. Appropriate and adequate funding will 
        enhance the ability of all States to meet common goals in 
        safety, mobility, and economic development.

SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

    For the purpose of carrying out title 23, United States Code, the 
following sums are authorized to be appropriated out of the Highway 
Trust Fund (other than the Mass Transit Account):
            (1) National highway system.--For the National Highway 
        System $8,626,000,000 for fiscal year 1998, $8,740,000,000 for 
        fiscal year 1999, $8,906,000,000 for fiscal year 2000, 
        $9,077,000,000 for fiscal year 2001, and $9,249,000,000 for 
        fiscal year 2002.
            (2) Surface transportation program.--For the surface 
        transportation program $12,938,000,000 for fiscal year 1998, 
        $13,109,000,000 for fiscal year 1999, $13,358,000,000 for 
        fiscal year 2000, $13,615,000,000 for fiscal year 2001, and 
        $13,873,000,000 for fiscal year 2002.
            (3) Federal lands highway program.--
                    (A) Indian reservation roads.--For Indian 
                reservation roads $197,000,000 for fiscal year 1998, 
                $202,000,000 for fiscal year 1999, $208,000,000 for 
                fiscal year 2000, $214,000,000 for fiscal year 2001, 
                and $220,000,000 for fiscal year 2002.
                    (B) Public lands highways.--For public lands 
                highways $177,000,000 for fiscal year 1998, 
                $182,000,000 for fiscal year 1999, $187,000,000 for 
                fiscal year 2000, $192,000,000 for fiscal year 2001, 
                and $198,000,000 for fiscal year 2002.
                    (C) Parkways and park highways.--For parkways and 
                park highways $86,000,000 for fiscal year 1998, 
                $89,000,000 for fiscal year 1999, $91,000,000 for 
                fiscal year 2000, $94,000,000 for fiscal year 2001, and 
                $97,000,000 for fiscal year 2002.

SEC. 6. NATIONAL HIGHWAY SYSTEM.

    (a) Definitions.--
            (1) Federal-aid system defined.--Section 101(a) is amended 
        by striking the undesignated paragraph relating to the term 
        ``Federal-aid system'' and inserting the following:
    ``The term `Federal-aid system' means the National Highway 
System.''.
            (2) National highway system defined.--Section 101(a) is 
        amended by striking the undesignated paragraph relating to the 
        term ``National Highway System'' and inserting the following:
    ``The term `National Highway System' means the Federal-aid highway 
system established pursuant to section 103(b) of this title.''.
            (3) Highest priority corridor defined.--Section 101(a) is 
        amended by adding at the end the following:
    ``The term `highest priority corridor' means any corridor on the 
National Highway System which the Secretary determines--
            ``(A) has national and international significance;
            ``(B) directly accounts for at least 35 percent of the 
        truck-borne traffic for Canadian and Mexican imports and 
        exports;
            ``(C) has at least 20 percent truck traffic;
            ``(D) directly benefits impoverished areas;
            ``(E) provides multiple intermodal connections; and
            ``(F) connects to military bases.
Such term may include a corridor which does not meet one or more of the 
criteria described in subparagraphs (A) through (F) if determined 
appropriate by the Secretary.''.
            (4) Highway funds defined.--Section 101(a) is amended by 
        adding at the end the following:
    ``The term `highway funds' means, with respect to any fiscal year, 
the funds apportioned to a State for such fiscal year, and the funds 
allocated to a State for the preceding fiscal year, for Federal-aid 
highway and highway safety construction (other than funds made 
available for the Federal lands highway program and for emergency 
relief).''.
    (b) Program Specifications.--Section 103 is amended--
            (1) by striking the section designation and heading and 
        inserting the following:
``Sec. 103. National Highway System'';
            (2) by striking subsections (a), (f), (g), and (h); and
            (3) by redesignating subsection (i) as subsection (f).
    (c) Apportionments.--Section 104(b) is amended by striking 
paragraph (1) and inserting the following:
            ``(1) National highway system.--For the National Highway 
        System, 1 percent to the Virgin Islands, Guam, American Samoa, 
        and the Commonwealth of the Northern Mariana Islands and the 
        remaining 99 percent apportioned as follows:
                    ``(A) For States with an average population density 
                of 20 persons per square mile or fewer, and for States 
                with a population of 1,500,000 or fewer and with a land 
                area of 10,000 square miles or less, either a 
                percentage share of apportionments equal to the 
                percentage listed for such State in section 157(d) of 
                this title or a share determined under subparagraph 
                (B), whichever is greater.
                    ``(B) For all other States, a share of the 
                apportionments remaining determined according to the 
                following formula:
                            ``(i) One-ninth in the ratio which total 
                        rural lane miles in each State bears to those 
                        of all States of average population density 
                        greater than 20 persons per square mile and all 
                        States with populations of more than 1,500,000 
                        and land area of more than 10,000 square miles.
                            ``(ii) One-ninth in the ratio which total 
                        rural vehicle miles traveled in each State 
                        bears to those of all States described in 
                        clause (i).
                            ``(iii) Two-ninths in the ratio which total 
                        urban lane miles in each State bears to those 
                        of all States described in clause (i).
                            ``(iv) Two-ninths in the ratio which total 
                        urban vehicle miles traveled in each State 
                        bears to those of all States described in 
                        clause (i).
                            ``(v) Three-ninths in the ratio which total 
                        diesel fuel purchased in each State bears to 
                        that consumed in all States described in clause 
                        (i).''.
    (d) Conforming Amendment.--The table of sections for chapter 1 is 
amended by striking the item relating to section 103 and inserting the 
following:

``103. National Highway System.''.

SEC. 7. INTERSTATE MAINTENANCE ACTIVITIES.

    (a) Elimination of Apportionments.--Section 104(b)(5)(B) is 
repealed.
    (b) Funding of Activities.--Section 119 is amended--
            (1) in the section heading by striking ``program'' and 
        inserting ``activities'';
            (2) in subsection (a)--
                    (A) by striking ``sections 103 and 139(c) of this 
                title and routes on the Interstate System designated 
                before the date of enactment of this sentence under 
                section 139 (a) and (b) of'';
                    (B) by striking the second sentence and inserting 
                the following: ``Sums used for these activities shall 
                be out of the funds apportioned in accordance with 
                sections 104(b)(1) and 104(b)(3) of this title.'';
            (3) in subsection (b) by striking ``If a State fails to 
        certify'' and all that follows through the period at the end of 
        the subsection;
            (4) by striking subsection (d) and redesignating subsection 
        (e) as subsection (d); and
            (5) by striking subsections (f) and (g).
    (d) Conforming Amendment.--The table of sections for chapter 1 is 
amended by striking the item relating to section 119 and inserting the 
following:

``119. Interstate maintenance activities.''.

SEC. 8. STREAMLINED SURFACE TRANSPORTATION PROGRAM.

    (a) In General.--Section 133 is amended--
            (1) in subsection (b) by adding at the end the following:
            ``(12) Congestion mitigation and air quality improvement 
        activities.--In areas of a State which are nonattainment for 
        ozone or carbon monoxide, or for PM-10 resulting from 
        transportation activities, or for any combination of these 
        substances, the State may obligate such funds for any 
        congestion mitigation and air quality improvement project or 
        program without regard to any limitation of the Department of 
Transportation relating to the type of ambient air quality standard 
such project or program addresses.'';
            (2) in subsection (c)--
                    (A) by striking ``subsections (b) (3) and (4)'' and 
                inserting ``subsections (b)(3), (b)(4), (b)(8), and 
                (b)(12)''; and
                    (B) by striking ``unless such roads are on a 
                Federal-aid highway system on January 1, 1991, and'';
            (3) in subsection (d)--
                    (A) by striking paragraphs (1) and (2) and 
                redesignating paragraphs (3) and (4) as paragraphs (1) 
                and (2), respectively;
                    (B) in paragraph (1), as so redesignated--
                            (i) by striking subparagraph (A) and 
                        inserting the following:
                    ``(A) General rule.--Except as provided by 
                subparagraph (C), a State shall obligate in a fiscal 
                year in areas of the State with an urbanized area 
                population of over 200,000 an amount of the funds 
                apportioned to the State under section 104(b)(3) for 
                such fiscal year determined by multiplying--
                            ``(i) the aggregate amount of funds 
                        required to be obligated in such areas under 
                        paragraph (3) of this subsection (as in effect 
                        on October 1, 1995) for fiscal year 1996; by
                            ``(ii) the amount determined by dividing--
                                    ``(I) the highway funds of the 
                                State for such fiscal year; by
                                    ``(II) the highway funds of the 
                                State for fiscal year 1997.'';
                            (ii) in subparagraph (B) by striking 
                        ``subparagraph (A)(ii)'' and inserting ``this 
                        section'';
                            (iii) by striking subparagraph (C) and 
                        inserting the following:
                    ``(C) Special rule for certain states.--
                Subparagraph (A) shall not apply in the case of a 
                State--
                            ``(i) in which greater than 80 percent of 
                        the population of the State is located in 1 or 
                        more metropolitan statistical areas and greater 
                        than 80 percent of the land area is owned by 
                        the United States; or
                            ``(ii) which is noncontiguous with the 
                        continental United States.'';
                            (iii) by striking subparagraph (D) and 
                        redesignating subparagraph (E) as subparagraph 
                        (D);
                            (iv) in subparagraph (D), as so 
                        redesignated, by striking ``(A)(i)'' each place 
                        it appears and inserting ``(A)'';
            (4) in subsection (e)--
                    (A) by striking paragraph (1) and redesignating 
                paragraphs (2), (3), and (4) as paragraphs (1), (2), 
                and (3), respectively; and
                    (B) by striking paragraph (1), as so redesignated, 
                and inserting the following:
            ``(1) Certification.--The Governor of each State shall 
        certify to the Secretary before the beginning of each fiscal 
        year that the State will meet all the requirements of this 
        section and shall notify the Secretary of the amount of 
        obligations expected to be incurred for surface transportation 
        program projects during such fiscal year are as shown by the 
        surface transportation program category in the statewide 
        transportation improvement program for such fiscal year. A 
        State may request adjustment to the obligation amounts later in 
        such fiscal year. Acceptance of the notification and 
        certification shall be deemed a contractual obligation of the 
        United States for the payment of the surface transportation 
        program funds expected to be obligated by the State in such 
        fiscal year for projects not subject to review by the Secretary 
        under this chapter.'';
            (5) in subsection (f)--
                    (A) by striking ``1992 through 1997'' and inserting 
                ``1998 through 2002''; and
                    (B) by striking ``and highway safety construction'' 
                each place it appears.
    (b) Apportionments.--Section 104(b) is amended by striking 
paragraph (3) and inserting the following:
            ``(3) Surface transportation program.--For the surface 
        transportation program:
                    ``(A) For States with an average population density 
                of 20 persons per square mile or fewer and for States 
                with a population of 1,500,000 or fewer and a land area 
                of 10,000 square miles or less, either a percentage 
                share of apportionments equal to the percentage listed 
                for such State in section 157(d) of this title or a 
                share determined under subparagraph (B), whichever is 
                greater.
                    ``(B) For all other States, a percentage share of 
                the apportionments remaining equal to the percentage of 
                estimated tax payments attributable to highway users in 
                the State paid into the Highway Trust Fund (other than 
                the Mass Transit Account) in the latest fiscal year for 
                which data are available.''.

SEC. 9. POPULATION DETERMINATIONS.

    Section 104 is amended by adding at the end the following:
    ``(k) Population Determinations.--For purposes of subsections 
(b)(3) and (b)(4), population shall be determined on the basis of the 
most recent decennial census for which data are available.''.

SEC. 10. HIGHWAY BRIDGE REPLACEMENT AND REHABILITATION ACTIVITIES.

    (a) Repeal of Program.--Section 144 is repealed.
    (b) Conforming Amendment.--The table of section for chapter 1 is 
amended by striking the item relating to section 144.

SEC. 11. CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT ACTIVITIES.

    (a) Elimination of Apportionments.--Section 104(b)(2) is repealed.
    (b) Repeal of Program.--Section 149 is repealed.
    (c) Conforming Amendment.--The table of sections for chapter 1 is 
amended by striking the item relating to section 149.

SEC. 12. APPORTIONMENT ADJUSTMENT PROGRAM.

    (a) In General.--Section 157 is amended to read as follows:
``Sec. 157. Apportionment adjustment program
    ``(a) General Rule.--On October 1 (or as soon as possible 
thereafter) of each fiscal year beginning after September 30, 1997, the 
Secretary shall allocate among the States, as defined in section 101 of 
this title, amounts sufficient to ensure that the ratio of the highway 
funds of the State to the highway funds of all States for the fiscal 
year is not less than the percentage listed for the State in subsection 
(d).
    ``(b) Additional Apportionments.--In addition to any amounts 
required to be allocated by subsection (a) for a fiscal year, a State 
shall receive additional apportionments so that no State's percentage 
of highway funds for the fiscal year is less than 95 percent of the 
percentage of estimated tax payments attributable to highway users in 
the State paid into the Highway Trust Fund (other than the Mass Transit 
Account) in the latest fiscal year for which data are available.
    ``(c) Requirement.--
            ``(1) In general.--Any increase in apportionments necessary 
        to comply with subsection (a) or (b) for a fiscal year shall be 
        accomplished so that the ratio of--
                    ``(A) the highway funds of each State with an 
                average population density of 20 persons per square 
                mile or fewer and each State with a population of 
                1,500,000 or less and a land area of 10,000 square 
                miles or less; to
                    ``(B) the highway funds of all States,
        for the fiscal year is not less than the percentage share 
        listed for such State in subsection (d).
            ``(2) Population determinations.--For purposes of this 
        subsection, population shall be determined on the basis of the 
        most recent decennial census for which data are available.
    ``(d) State Percentages.--The percentage of total funding referred 
to in subsection (a) for each State shall be determined in accordance 
with the following table:
  
                                                             Adjustment
``States:
                                                             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 
        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 
        Washington.........................................       1.75 
        West Virginia......................................       0.76 
        Wisconsin..........................................       1.91 
        Wyoming............................................      0.66. 

    ``(e) Terms and Conditions.--Amounts allocated pursuant to 
subsections (a) and (b) shall be available for obligation when 
allocated for the year authorized plus the 3 succeeding fiscal years, 
shall be subject to the provisions of this title, and may be obligated 
for National Highway System projects, surface transportation program 
projects, or any other purpose authorized under this title.
    ``(f) Obligation Limitations.--Obligation limitations for Federal-
aid highways and highway safety construction programs established by 
this title or any subsequent law shall not apply to obligations made 
under this section, except where the provision of law establishing such 
limitation specifically amends or limits the applicability of this 
subsection.
    ``(g) Apportionments.--To carry out this section there is 
authorized to be appropriated out of the Highway Trust Fund, other than 
the Mass Transit Account, such sums as may be necessary for each fiscal 
year beginning after September 30, 1997.''.
    (b) Conforming Amendment.--The table of sections for chapter 1 is 
amended by striking the item relating to section 157 and inserting the 
following:

``157. Apportionment adjustment program.''.
    (c) Repeal of Existing Apportionment Adjustment Programs.--
            (1) Repeal of reimbursement for segments of the interstate 
        system constructed without federal assistance.--
                    (A) Repeal.--Section 160 is repealed.
                    (B) Conforming amendment.--The table of sections 
                for chapter 1 is amended by striking the item relating 
                to section 160.
            (2) Repeal of donor state bonus.--Section 1013(c) of the 
        Intermodal Surface Transportation Efficiency Act of 1991 (23 
        U.S.C. 157 note; 105 Stat. 1940-1941) is repealed.
            (3) Repeal of hold harmless apportionment adjustment.--
        Section 1015(a) of the Intermodal Surface Transportation 
        Efficiency Act of 1991 (23 U.S.C. 104 note; 105 Stat. 1943-
        1944) is repealed.
            (4) Repeal of 90 percent of payments adjustment.--Section 
        1015(b) of the Intermodal Surface Transportation Efficiency Act 
        of 1991 (23 U.S.C. 104 note; 105 Stat. 1944-1945) is repealed.
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