105TH CONGRESS
1ST SESSION
H. R. 2516
AN ACT
To extend the Intermodal Surface Transportation
Efficiency Act of 1991 through March 31, 1998.
105TH CONGRESS
1ST SESSION
H. R. 2516
AN ACT
To extend the Intermodal Surface Transportation Efficiency
Act of 1991 through March 31, 1998.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. STATEMENT OF PURPOSE.
This Act makes funds available for the Federal-aid
highway, highway safety, motor carrier safety, and mass
transportation programs for the first 6 months of fiscal
year 1998 by extending the Intermodal Surface Transpor-
tation Efficiency Act of 1991 to ensure the continuation
of such programs while a multiyear reauthorization is de-
veloped. This extension is structured to allow pro-
grammatic, apportionment formula, and funding adjust-
ments for the second 6 months of fiscal year 1998 through
enactment of a multiyear program.
SEC. 2. EXTENSION OF FEDERAL-AID HIGHWAY PROGRAM
FUNDING.
(a) IN GENERAL.—Section 1003 of the Intermodal
Surface Transportation Efficiency Act of 1991 (105 Stat.
1918–1922) is amended by adding at the end the follow-
ing:
‘‘(d) FEDERAL-AID HIGHWAYS FOR THE PERIOD OC-
TOBER 1, 1997, THROUGH MARCH 31, 1998.—
‘‘(1) IN GENERAL.—For Federal-aid highways
and 
highway 
safety 
construction 
programs,
$11,942,375,000 are authorized to be appropriated
out of the Highway Trust Fund (other than the
Mass Transit Account) during the period October 1,
1997, through March 31, 1998, and shall be distrib-
uted in accordance with this subsection.
‘‘(2) CERTAIN DISCRETIONARY PROGRAMS.—Of
the amounts made available by paragraph (1), the
Secretary shall deduct $32,500,000 to carry out sec-
tion 118(c)(2) of title 23, United States Code, for
the period October 1, 1997, through March 31,
1998, and shall deduct $30,250,000 to carry out the
discretionary program under paragraphs (1) and (2)
of section 144(g) of such title during such period.
‘‘(3) 
STATE
ALLOCATION
PERCENTAGES.—
From amounts remaining after making the deduc-
tions under paragraph (2) and application of para-
graphs (4) and (5), the Secretary shall determine
the amount to be apportioned among the States in
accordance with the following table:
‘‘State:
Percentage:
Alabama .........................................
2.0026
Alaska ............................................
1.0499
Arizona ..........................................
1.4627
Arkansas ........................................
1.5268
California .......................................
8.9046
Colorado .........................................
1.0443
Connecticut ....................................
1.9229
Delaware ........................................
0.4057
District of Columbia ......................
0.4436
Florida ...........................................
4.4867
Georgia ..........................................
3.2899
Hawaii ...........................................
0.6435
Idaho ..............................................
0.6314
Illinois ............................................
3.6779
Indiana ..........................................
2.4581
Iowa ...............................................
1.1364
Kansas ...........................................
1.1383
Kentucky .......................................
1.6617
Louisiana .......................................
1.4831
Maine .............................................
0.6458
Maryland .......................................
1.4512
Massachusetts ................................
3.5632
Michigan ........................................
3.0432
Minnesota ......................................
1.4547
Mississippi .....................................
1.1286
Missouri .........................................
2.2677
Montana .........................................
0.7857
Nebraska .......................................
0.7501
Nevada ...........................................
0.6218
New Hampshire .............................
0.4764
New Jersey ....................................
2.6851
New Mexico ...................................
0.8767
New York .......................................
5.7882
North Carolina ..............................
2.7408
North Dakota ................................
0.5972
Ohio ...............................................
3.4702
Oklahoma .......................................
1.5021
Oregon ...........................................
1.1378
Pennsylvania ..................................
4.5007
Rhode Island .................................
0.4708
South Carolina ...............................
1.6019
South Dakota ................................
0.5990
Tennessee ......................................
2.0954
Texas .............................................
6.9197
Utah ...............................................
0.6672
Vermont .........................................
0.4287
Virginia ..........................................
2.4440
Washington ....................................
1.7603
West Virginia .................................
1.1088
Wisconsin .......................................
2.0159
Wyoming ........................................
0.5999
Puerto Rico ....................................
0.4312.
‘‘(4) STATE PROGRAMMATIC DISTRIBUTION.—
‘‘(A) IN GENERAL.—Of the funds to be ap-
portioned to each State under paragraph (3),
the Secretary shall ensure that the State is ap-
portioned an amount of such funds, determined
under subparagraph (B), for the Interstate
maintenance program, the National Highway
System, the bridge program, the surface trans-
portation program, the congestion mitigation
and air quality improvement program, mini-
mum allocation under section 157 of title 23,
United States Code, Interstate reimbursement
under section 160 of such title, the donor State
bonus under section 1013(c) of the Intermodal
Surface Transportation Efficiency Act of 1991,
hold harmless under section 1015(a) of such
Act, 90 percent of payments adjustments under
section 1015(b) of such Act, metropolitan plan-
ning under section 134 of such title, section
1015(c) of such Act, an amount equal to the
funds provided under sections 1103 through
1108 of such Act, and funding restoration
under section 202 of the National Highway
System Designation Act of 1995.
‘‘(B) FORMULA.—The amount which each
State is to be apportioned under this subsection
for each item referred to in subparagraph (A)
shall be in the same ratio that each State was
apportioned funds for such item or allocated
funds under sections 1103 through 1108 of the
Intermodal Surface Transportation Efficiency
Act of 1991 to the total of all such funds ap-
portioned, and allocated under such sections, to
such State for such items for fiscal year 1997.
‘‘(C) MINIMUM
ALLOCATION.—Not more
than $319,500,000 of the funds apportioned to
States by this subsection for minimum alloca-
tion shall not be subject to any obligation limi-
tation.
‘‘(D) SPECIAL
RULE.—Amounts appor-
tioned to a State by this subsection attributable
to sections 1103 through 1108 of the Inter-
modal Surface Transportation Efficiency Act of
1991 shall be available to such State for
projects eligible for assistance under chapter 1
of title 23, United States Code.
‘‘(E) ADMINISTRATION.—Funds authorized
by this subsection shall be administered as if
they had been apportioned, allocated, deducted,
or set aside, as the case may be, under title 23,
United States Code.
‘‘(5) GENERAL
OPERATING
EXPENSES
AND
OTHER DEDUCTIONS.—
‘‘(A) GENERAL
OPERATING
EXPENSES.—
After making the determinations and before ap-
portioning funds under paragraphs (3) and (4),
the Secretary shall deduct the amount that
would be required to be deducted under section
104(a) of title 23, United States Code, from the
aggregate of amounts to be apportioned to all
States for programs to which the deduction
under such section would apply if such section
applied to such apportionment.
‘‘(B) 
TERRITORIAL
HIGHWAYS.—After
making the determinations and before appor-
tioning funds under paragraphs (3) and (4), the
Secretary shall deduct the amount required to
be deducted pursuant to section 104(b)(1) of
title 23, United States Code, for the Virgin Is-
lands, Guam, American Samoa, and the Com-
monwealth of the Northern Mariana Islands
from the aggregate amounts to be apportioned
to all States for the National Highway System
under this subsection.
‘‘(6) NATIONAL
RECREATIONAL
TRAILS
PRO-
GRAM.—Section 104(h) of title 23, United States
Code, is amended by inserting ‘and $7,500,000 for
the period October 1, 1997, through March 31,
1998’ after ‘1997’.
‘‘(7) 
WOODROW
WILSON
BRIDGE.—Section
104(i)(1) of title 23, United States Code, is amend-
ed by inserting ‘and for the period October 1, 1997,
through March 31, 1998’ after ‘1997’.
‘‘(8) OFF-SYSTEM BRIDGES.—Section 144(g)(3)
of title 23, United States Code, is amended by in-
serting ‘and in the period October 1, 1997, through
March 31, 1998’ after ‘1997’.’’.
(b) 
FEDERAL
LANDS
HIGHWAYS.—Section
1003(a)(6) of the Intermodal Surface Transportation Ef-
ficiency Act of 1991 (105 Stat. 1919) is amended—
(1) in subparagraph (A) by inserting ‘‘and
$95,500,000 for the period October 1, 1997,
through March 31, 1998’’ before the period;
(2) in subparagraph (B)—
(A) by striking ‘‘and’’ following ‘‘1995,’’;
and
(B) by inserting ‘‘and $86,000,000 for the
period October 1, 1997, through March 31,
1998’’ before the period; and
(3) in subparagraph (C)—
(A) by striking ‘‘and’’ following ‘‘1995,’’;
and
(B) by inserting ‘‘, and $42,000,000 for
the period October 1, 1997, through March 31,
1998’’ before the period.
(c) CERTAIN ALLOCATED PROGRAMS.—
(1) HIGHWAY
USE
TAX
EVASION.—Section
1040(f)(1) of the Intermodal Surface Transportation
Efficiency Act of 1991 (105 Stat 1992–1993) is
amended by inserting ‘‘and $2,500,000 for the pe-
riod October 1, 1997, through March 31, 1998’’ be-
fore the period at the end of the first sentence.
(2) 
SCENIC
BYWAYS
PROGRAM.—Section
1047(d) of the Intermodal Surface Transportation
Efficiency Act of 1991 (105 Stat. 1998) is amend-
ed—
(A) by striking ‘‘and’’ following ‘‘1994,’’;
and
(B) by inserting ‘‘, and $7,000,000 for the
period October 1, 1997, through March 31,
1998’’ before the period at the end of the first
sentence.
(3) FERRY
BOAT
CONSTRUCTION.—Section
1064(c) of the Intermodal Surface Transportation
Efficiency Act of 1991 (105 Stat. 2005) is amend-
ed—
(A) by striking ‘‘and’’ following ‘‘1996,’’;
and
(B) by inserting ‘‘, and $9,000,000 for the
period October 1, 1997, through March 31,
1998’’ after ‘‘1997’’.
(d) FISCAL YEAR 1998 OBLIGATION LIMITATION.—
(1) AMENDMENTS TO ISTEA.—Section 1002 of
the Intermodal Surface Transportation Efficiency
Act of 1991 (105 Stat. 1916–1918) is amended—
(A) in subsection (a)—
(i) by striking ‘‘and’’ at the end of
paragraph (5);
(ii) by striking the period at the end
of paragraph (6) and inserting ‘‘; and’’;
and
(iii) by inserting after paragraph (6)
the following:
‘‘(7) $21,500,000,000 for fiscal year 1998.’’;
and
(B) by adding at the end the following:
‘‘(i) SPECIAL RULE FOR FISCAL YEAR 1998.—The
Secretary shall distribute on October 1, 1997, 50 percent
of the limitation on obligations for Federal-aid highways
and highway safety construction programs imposed by the
Department of Transportation and Related Agencies Ap-
propriations Act, 1998, and 50 percent of such limitation
on July 1, 1998.’’.
(2) LIMITATION.—Nothing in this section (in-
cluding the amendments made by this section) shall
apply to any funds made available before October 1,
1997, for carrying out sections 125 and 157 of title
23, United States Code, and sections 1103 through
1108 of the Intermodal Surface Transportation Effi-
ciency Act of 1991.
SEC. 3. EXTENSION OF HIGHWAY SAFETY PROGRAMS.
(a) NHTSA HIGHWAY SAFETY PROGRAMS.—Section
2005(1) of the Intermodal Surface Transportation Effi-
ciency Act of 1991 (105 Stat. 2079) is amended by insert-
ing ‘‘and $83,000,000 for the period October 1, 1997,
through March 31, 1998’’ before the period at the end.
(b) 
ALCOHOL-IMPAIRED
DRIVING
COUNTER-
MEASURES.—Section 410 of title 23, United States Code,
is amended—
(1) in subsection (c) by striking ‘‘5’’ and insert-
ing ‘‘6’’;
(2) in subsection (c)(3) by striking ‘‘and fifth’’
and inserting ‘‘fifth, and sixth’’;
(3) in subsection (d)(2)(B) by striking ‘‘two’’
and inserting ‘‘3’’; and
(4) in subsection (j)—
(A) by striking ‘‘and’’ following ‘‘1997,’’;
and
(B) by inserting ‘‘and $12,500,000 for the
period October 1, 1997, through March 31,
1998’’ after ‘‘1997’’ the second place it ap-
pears.
(c) 
NATIONAL
DRIVER
REGISTER.—Section
30308(a) of title 49, United States Code, is amended—
(1) by striking ‘‘and’’ following ‘‘1994,’’; and
(2) by inserting ‘‘, and $1,855,000 for the pe-
riod October 1, 1997, through March 31, 1998’’
after ‘‘1996’’.
(d) OBLIGATION LIMITATION.—The total of all obli-
gations for highway traffic safety grants under sections
402 and 410 of title 23, United States Code, for fiscal
year 1998 shall not exceed $186,500,000.
SEC. 4. FEDERAL TRANSIT PROGRAMS.
(a) EXTENSION.—Title III of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 2087–
2140) is amended by adding at the end the following:
‘‘SEC. 3049. EXTENSION OF FEDERAL TRANSIT PROGRAMS
FOR THE PERIOD OCTOBER 1, 1997, THROUGH
MARCH 31, 1998.
‘‘(a) ALLOCATING AMOUNTS.—Section 5309(m) of
title 49, United States Code, is amended by inserting ‘and
for the period October 1, 1997, through March 31, 1998’
after ‘1997’.
‘‘(b) APPORTIONMENT
OF
APPROPRIATIONS
FOR
FIXED GUIDEWAY MODERNIZATION.—Section 5337 of
title 49, United States Code, is amended—
‘‘(1) in subsection (a) by inserting ‘and for the
period October 1, 1997, through March 31, 1998’
after ‘1997’; and
‘‘(2) by adding at the end the following:
‘‘ ‘(e) SPECIAL
RULE
FOR
OCTOBER
1, 1997,
THROUGH MARCH 31, 1998.—The Secretary shall deter-
mine the amount which each urbanized area is to be ap-
portioned for fixed guideway modernization under this sec-
tion on a pro rata basis to reflect the partial fiscal year
1998 funding made available by section 5338(b)(1)(F).’.
‘‘(c) AUTHORIZATIONS.—Section 5338 of title 49,
United States Code, is amended—
‘‘(1) by adding at the end of subsection (a)(1)
the following:
‘‘ ‘(F) $1,284,792,000 for the period October 1,
1997, through March 31, 1998.’;
‘‘(2) by adding at the end of subsection (a)(2)
the following:
‘‘ ‘(F) $213,869,000 for the period October 1,
1997, through March 31, 1998.’;
‘‘(3) by adding at the end of subsection (b)(1)
the following:
‘‘ ‘(F) $1,162,708,000 for the period October 1,
1997, through March 31, 1998.’;
‘‘(4) in subsection (c) by inserting ‘and not
more than $1,500,000 for the period October 1,
1997, through March 31, 1998’ after ‘1997,’;
‘‘(5) in subsection (e) by inserting ‘and not
more than $3,000,000 is available from the Fund
(except the Account) for the Secretary for the period
October 1, 1997, through March 31, 1998’ after
‘1997,’;
‘‘(6) 
in 
subsection 
(h)(3) 
by 
inserting
‘$3,000,000 is available for section 5317 for the pe-
riod October 1, 1997, through March 31, 1998’
after ‘1997’;
‘‘(7) in subsection (j)(5)—
‘‘(A) by striking ‘and’ at the end of sub-
paragraph (B);
‘‘(B) by striking the period at the end of
subparagraph (C) and inserting ‘; and’; and
‘‘(C) by adding at the end the following:
‘‘ ‘(D) the lesser of $1,500,000 or an
amount the Secretary determines is necessary is
available for the period October 1, 1997,
through March 31, 1998.’;
‘‘(8) in subsection (k) by striking ‘or (e)’ and
inserting ‘(e), or (m)’; and
‘‘(9) by adding at the end the following:
‘‘ ‘(m) SECTION 5316 FOR THE PERIOD OCTOBER 1,
1997, THROUGH MARCH 31, 1998.—Not more than the
following amounts may be appropriated to the Secretary
from the Fund (except the Account) for the period Octo-
ber 1, 1997, through March 31, 1998: