I
105TH CONGRESS
1ST SESSION
H. R. 1609
To reauthorize the Intermodal Surface Transportation Efficiency Act of 1991,
and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MAY 14, 1997
Ms. MOLINARI (for herself, Mr. WELLER, Mr. GEJDENSON, Mr. SOLOMON,
Mr. MOAKLEY, Mr. FRANKS of New Jersey, Mr. FRELINGHUYSEN, Mr.
BORSKI, Mr. CASTLE, Mr. MCGOVERN, Mr. SHAYS, Mr. PAXON, Mr.
BOEHLERT, Mr. QUINN, Mr. NADLER, Mr. KING, Mrs. JOHNSON of Con-
necticut, Mrs. KELLY, Mr. FRANK of Massachusetts, Mrs. KENNELLY of
Connecticut, Mr. MCHUGH, Mr. MARKEY, Mr. ENGEL, Mr. NEAL of Mas-
sachusetts, Mr. PASCRELL, Mr. MEEHAN, Mr. MANTON, Mrs. LOWEY,
Mr. FORBES, Mrs. MCCARTHY of New York, Mr. WALSH, Mr. FLAKE,
Mr. LAZIO of New York, Ms. DELAURO, Mr. GILMAN, Mr. RANGEL, Mr.
HINCHEY, Mr. SCHUMER, Mr. SERRANO, Ms. VELA´ZQUEZ, Mr. TOWNS,
Mr. OWENS, Ms. SLAUGHTER, and Mrs. MALONEY of New York) intro-
duced the following bill; which was referred to the Committee on Trans-
portation and Infrastructure, and in addition to the Committee on Ways
and Means, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the juris-
diction of the committee concerned
A BILL
To reauthorize the Intermodal Surface Transportation
Efficiency Act of 1991, 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; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘ISTEA Reauthorization Act of 1997’’.
(b) TABLE OF CONTENTS.—The table of contents is
as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
TITLE I—HIGHWAY PROGRAMS
Sec. 101. Amendments to title 23, United States Code.
Sec. 102. Authorization of appropriations.
Sec. 103. National Highway System and Interstate maintenance.
Sec. 104. Funding of interstate maintenance projects.
Sec. 105. Congestion mitigation and air quality improvement program.
Sec. 106. Surface transportation program.
Sec. 107. Bridge program.
Sec. 108. Minimum allocation.
Sec. 109. Interstate reimbursement program.
Sec. 110. Apportionment adjustment.
Sec. 111. Level of effort bonus.
Sec. 112. Research programs.
Sec. 113. Scenic byways program.
Sec. 114. Ferry boats and terminals.
Sec. 115. Border crossing infrastructure program.
Sec. 116. Program streamlining.
TITLE II—TRANSIT PROGRAMS
Sec. 201. Short title.
Sec. 202. Amendments to title 49, United States Code.
Sec. 203. Findings.
Sec. 204. Flexibility for less populated communities.
Sec. 205. Discretionary grants and loans.
Sec. 206. Authorization of appropriations.
Sec. 207. Application of Byrd rule to Mass Transit Account of Highway Trust
Fund.
SEC. 2. FINDINGS.
Congress finds that—
(1) the Intermodal Surface Transportation Effi-
ciency Act of 1991 (Public Law 102–240) (herein-
after in this section referred to as ‘‘ISTEA’’) was
the result of a bipartisan and multi-regional consen-
sus to change transportation policy by giving States
and localities more flexibility in spending Federal
funds while still pursuing important national goals;
(2) the Federal Government has an important
role to play in helping to fund transportation im-
provements and ensuring that a national focus re-
mains 
on 
national 
goals 
such 
as 
mobility,
connectivity and integrity of the transportation sys-
tem, safety, research, air quality, global and national
economic competitiveness, and improved quality of
life;
(3) this role of the Federal Government as
funding partner and policymaker should—
(A) nurture State and local flexibility in
using funds to solve problems creatively; and
(B) relieve the States of burdensome regu-
lation and review procedures that slow down
project implementation without adding value;
(4) the funding programs authorized by ISTEA
were visionary and will continue to influence trans-
portation into the future;
(5) the partnerships between the Federal Gov-
ernment and State and local governments, and be-
tween the public and private sectors, that were re-
affirmed and strengthened by ISTEA are helping to
improve transportation investment and transpor-
tation policy choices; and
(6) it is in the interest of the United States—
(A) to reauthorize ISTEA in 1997 with re-
finements but without significant changes;
(B) to authorize the maximum feasible
level of funding for ISTEA programs;
(C) to allocate these funds among the
States based primarily on need, with adjust-
ments to be considered to reflect (i) system
usage; (ii) system extent; and (iii) distribution
patterns;
(D) to preserve and strengthen the part-
nerships among the Federal Government, State
governments, local governments, and the private
sector;
(E) to recognize and reward above average
level of State and local financial effort in fi-
nancing the Nation’s surface transportation
system;
(F) to help improve the highway access to,
and economic development in, the Appalachian
region through financing the completion of the
Appalachian development highway system; and
(G) to minimize prescriptive Federal regu-
lation that is unnecessary and eliminate regu-
latory duplication between the Federal Govern-
ment and State governments.
TITLE I—HIGHWAY PROGRAMS
SEC. 101. AMENDMENTS TO TITLE 23, UNITED STATES
CODE.
Except as otherwise specifically provided, whenever in
this title an amendment or repeal is expressed in terms
of an amendment to, or repeal of, a section or other provi-
sion of law, the reference shall be considered to be made
to a section or other provision of title 23, United States
Code.
SEC. 102. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—The following sums are author-
ized to be appropriated out of the Highway Trust Fund
(other than the Mass Transit Account):
(1) NATIONAL HIGHWAY SYSTEM.—For the Na-
tional Highway System under section 103 of that
title $10,500,000,000 for each of fiscal years 1998
through 2003.
(2) SURFACE
TRANSPORTATION
PROGRAM.—
For the surface transportation program under sec-
tion 133 of that title $5,500,000,000 for each of fis-
cal years 1998 through 2003.
(3) BRIDGE
PROGRAM.—For the highway
bridge replacement and rehabilitation program under
section 144 of that title $3,700,000,000 for each of
fiscal years 1998 through 2003.
(4) CONGESTION MITIGATION AND AIR QUALITY
IMPROVEMENT PROGRAM.—For the congestion miti-
gation and air quality improvement program under
section 149 of that title $2,000,000,000 for each of
fiscal years 1998 through 2003.
(5) MINIMUM ALLOCATION.—For the minimum
allocation program under section 157 of that title
$526,000,000 for each of fiscal years 1998 through
2003.
(6) APPORTIONMENT ADJUSTMENTS.—For ap-
portionment adjustments under section 110 of this
Act $530,000,000 for each of fiscal years 1998
through 2003.
(7) INTERSTATE REIMBURSEMENT PROGRAM.—
For reimbursement for segments of the Interstate
System constructed without Federal assistance
under section 160 of that title $1,700,000,000 for
each of fiscal years 1998 through 2003.
(8) LEVEL OF EFFORT BONUS.—For the level
of effort bonus under section 111 of this Act
$775,000,000 for each of fiscal years 1998 through
2003.
(9) FEDERAL LANDS HIGHWAYS PROGRAM.—
(A) INDIAN
RESERVATION
ROADS.—For
Indian reservation roads under section 204 of
that title $190,000,000 for each of fiscal years
1998 through 2003.
(B) PUBLIC LANDS HIGHWAYS.—For pub-
lic lands highways under section 204 of that
title $170,000,000 for each of fiscal years 1998
through 2003.
(C) PARKWAYS
AND
PARK
ROADS.—For
parkways and park roads under section 204 of
that title $90,000,000 for each of fiscal years
1998 through 2003.
(10) FHWA HIGHWAY
SAFETY
PROGRAMS.—
For carrying out section 402 of that title by the
Federal Highway Administration $25,000,000 for
each of fiscal years 1998 through 2003.
(11) FHWA HIGHWAY SAFETY RESEARCH AND
DEVELOPMENT.—For carrying out section 403 of
that title by the Federal Highway Administration
$10,000,000 for each of fiscal years 1998 through
2003.
(12) APPALACHIAN
DEVELOPMENT
HIGHWAY
PROGRAM.—For the Appalachian development high-
way program under section 201 of the Appalachian
Regional Development Act of 1965 (40 U.S.C. App)
$400,000,000 for each of fiscal years 1998 through
2003.
(b) LIMITATIONS ON OBLIGATIONS.—Notwithstand-
ing any other provision of law, any limitation on obliga-
tions established for any of fiscal years 1998 through
2003 for funds apportioned or allocated from the Highway
Trust Fund (other than the Mass Transit Account) shall
apply equally to all such apportionments and allocations,
except that no such limitation shall apply to any allocation
made under section 125 of title 23, United States Code,
for emergency relief.
SEC. 103. NATIONAL HIGHWAY SYSTEM AND INTERSTATE
MAINTENANCE.
(a) APPORTIONMENT FORMULA.—Section 104(b)(1)
is amended to read as follows:
‘‘(1) NATIONAL
HIGHWAY
SYSTEM.—For the
National Highway System, 1⁄3 percent to the Virgin
Islands, Guam, American Samoa, and the Common-
wealth of the Northern Mariana Islands and the re-
maining 992⁄3 percent apportioned as follows:
‘‘(A) 1⁄2 in the ratio that—
‘‘(i) the total vehicle miles traveled on
public highways in each State; bears to
‘‘(ii) the total vehicle miles traveled on
public highways in all States; and
‘‘(B) 1⁄2 in the ratio that—
‘‘(i) the total lane miles of public
highways in each State; bears to
‘‘(ii) the total lane miles of public
highways in all States.’’.
(b) 
SET-ASIDE
FOR
4R 
PROJECTS.—Section
118(c)(2)(A) is amended—
(1) by striking ‘‘1996, and’’ and inserting
‘‘1996,’’; and
(2) by inserting after ‘‘1997’’ the following: ‘‘,
and $200,000,000 for each of fiscal years 1998
through 2003’’.
(c) GOODS MOVEMENT FACTOR.—
(1) STUDY.—The Secretary shall conduct a
study of the impact of goods movement on transpor-
tation infrastructure as a measure of need for ap-
portioning funds for the National Highway System.
(2) REPORT.—Not later than 2 years after the
date of the enactment of this Act, the Secretary
shall transmit to the Committee on Transportation
and Infrastructure of the House of Representatives
and the Committee on Environment and Public
Works of the Senate a report containing the results
of the study, together with recommendations for in-
clusion of a measure of goods movement in appor-
tioning funds for the National Highway System.
SEC. 
104. 
FUNDING 
OF 
INTERSTATE 
MAINTENANCE
PROJECTS.
(a) SET-ASIDE OF NHS APPORTIONMENTS.—Section
103(i) is amended by striking the matter preceding para-
graph (1) and inserting the following:
‘‘(i) ELIGIBLE PROJECTS FOR NHS.—Fifty percent
of the funds apportioned to a State under section
104(b)(1) shall be obligated for Interstate maintenance
projects under section 119 of this title and the remaining
50 percent of such funds may be obligated for any of the
following:’’.
(b) 
REPEAL
OF
APPORTIONMENT.—Section
104(b)(5)(B) is repealed.
(c) CONFORMING AMENDMENTS TO SECTION 119.—
Section 119 is amended—
(1) in subsection (a) by striking the second sen-
tence and inserting the following: ‘‘Projects approved
under the preceding sentence shall be carried out
using funds apportioned under section 104(b)(1).’’;
(2) in subsection (b) by striking the third sen-
tence and all that follows;
(3) in subsection (f)(1)—
(A) by striking ‘‘section 104(b)(5)(B)’’ and
inserting ‘‘section 104(b)(1)’’;
(B) by inserting after ‘‘title’’ the following:
‘‘that are to be obligated for interstate mainte-
nance’’;
(C) by inserting after ‘‘the State may’’ the
following: ‘‘obligate those funds for other eligi-
ble projects on the National Highway System
or’’;
(D) by striking ‘‘sections 104(b)(1) and
104(b)(3)’’ and inserting ‘‘section 104(b)(3)’’;
and
(4) in subsection (f)(2)—
(A) in subparagraph (A) by striking ‘‘and’’
at the end;
(B) in subparagraph (B)—
(i) by striking ‘‘in any fiscal year
thereafter’’ and inserting ‘‘in fiscal years
1988 through 1997’’; and
(ii) by striking the period at the end
and inserting a semicolon; and
(C) by adding at the end the following:
‘‘(C) in fiscal year 1998 and each fiscal
year thereafter, an amount not to exceed 20
percent of the funds available for obligation for
Interstate maintenance from funds apportioned
under section 104(b)(1) for such fiscal year.’’.
SEC. 105. CONGESTION MITIGATION AND AIR QUALITY IM-
PROVEMENT PROGRAM.
Section 104(b)(2) is amended to read as follows:
‘‘(2) CONGESTION MITIGATION AND AIR QUAL-
ITY IMPROVEMENT PROGRAM.—
‘‘(A) IN
GENERAL.—For the congestion
mitigation and air quality improvement pro-
gram—
‘‘(i) 90 percent in the ratio that the
weighted nonattainment area population of
each State bears to the total weighted non-
attainment area population of all States;
and
‘‘(ii) 10 percent in the ratio that the
population of all areas that are non-attain-
ment under the Clean Air Act (42 U.S.C.
7401 et seq.) for particulate matter with
an acrodynamic diameter smaller than or
equal to 10 micrometers (known as ‘PM-
10’) in each State bears to the population
of all such areas in all States.
‘‘(B) WEIGHTED
NONATTAINMENT
AREA
POPULATION.—For purposes of subparagraph
(A)(i), the weighted nonattainment area popu-
lation shall be calculated by multiplying the
population of each area within any State that
was a nonattainment area (as defined in section
171(2) of the Clean Air Act (42 U.S.C.
7501(2))) for ozone during any part of fiscal
year 1994 by a factor of—
‘‘(i) 1.0 if the area is classified as a
marginal ozone nonattainment area under
subpart 2 of part D of title I of the Clean
Air Act;
‘‘(ii) 1.1 if the area is classified as a
moderate ozone nonattainment area under
such subpart;
‘‘(iii) 1.2 if the area is classified as a
serious ozone nonattainment area under
such subpart;
‘‘(iv) 1.3 if the area is classified as a
severe ozone nonattainment area under
such subpart; or
‘‘(v) 1.4 if the area is classified as an
extreme ozone nonattainment area under
such subpart.
If the area was also classified under subpart 3
of part D of title I of such Act as a nonattain-
ment area for carbon monoxide during any part
of fiscal year 1994, for purposes of calculating
the weighted nonattainment area population,
the weighted nonattainment area population of
the area, as determined under the preceding
provisions of this subparagraph, shall be further
multiplied by a factor of 1.2.
‘‘(D) MINIMUM
APPORTIONMENT.—Not-
withstanding any other provision of this para-
graph, each State shall receive a minimum ap-
portionment of 1⁄2 of 1 percent of the funds ap-
portioned under this paragraph for a fiscal
year.
‘‘(E) TRANSFERS.—
‘‘(i) IN GENERAL.—Any State that is
apportioned more than 15 percent of the
total amount of funds apportioned under
this paragraph for a fiscal year may trans-
fer all or any portion of the amount that
exceeds 15 percent of such total amount to
the apportionment of the State under sec-
tion 104(b)(3) with approval of the metro-
politan planning organization of the area
for which the funds are attributable.
‘‘(ii) ALLOCATION.—Any funds trans-
ferred under clause (i) shall be added to
the 
allocation 
under 
section
133(d)(3)(A)(i) for the metropolitan area
for which the funds are attributable.
‘‘(iii) LIMITATION.—No funds trans-
ferred under this subparagraph may be
used for a project which will result in the
construction of new capacity available to
single occupant vehicles unless the project
consists of a high occupancy vehicle facility
available to single occupant vehicles only at
other than peak travel times.
‘‘(F) DETERMINATION OF POPULATION.—
In determining population for the purpose of
this paragraph, the Secretary shall use esti-
mates prepared by the Secretary of Com-
merce.’’.
SEC. 106. SURFACE TRANSPORTATION PROGRAM.
(a) APPORTIONMENT FORMULA.—Section 104(b)(3)
is amended to read as follows:
‘‘(3) SURFACE TRANSPORTATION PROGRAM.—
‘‘(A) IN GENERAL.—For the surface trans-
portation program, in the ratio that—
‘‘(i) the product of—
‘‘(I) the total lane miles of public
highways in each State; and
‘‘(II) the relative intensity of use
of public highways in the State; bears
to
‘‘(ii) the product of—
‘‘(I) the total lane miles of public
highways in all States; and
‘‘(II) the relative intensity of use
of public highways in all States.
‘‘(B) DETERMINATION
OF
RELATIVE
IN-
TENSITY OF USE.—For the purpose of subpara-
graph (A), the relative intensity of use of public
highways in a State shall be determined by di-
viding—
‘‘(i) the vehicle miles traveled on pub-
lic highways in the State per lane mile of
public highways in the State during the
latest 1-year period for which data are
available; by
‘‘(ii) the vehicle miles traveled on pub-
lic highways in all States per lane mile of
public highways in all States during that
period.
‘‘(C) MINIMUM
APPORTIONMENT.—Not-
withstanding any other provision of this para-
graph, each State shall receive a minimum ap-
portionment of 1⁄2 of 1 percent of the funds ap-
portioned under this paragraph for a fiscal
year.’’.
(b) ALLOCATION OF OBLIGATION AUTHORITY.—Sec-
tion 133(f) is amended by striking ‘‘6-fiscal year period
1992 through 1997’’ and inserting ‘‘6-fiscal year period
1998 through 2003’’.
SEC. 107. BRIDGE PROGRAM.
(a) MINIMUM APPORTIONMENT.—Section 144(e) is
amended in the fifth sentence by striking ‘‘0.25’’ and in-
serting ‘‘0.5’’.
(b) AUTHORIZATIONS
FOR DISCRETIONARY PRO-
GRAM.—Section 144(g)(1) is amended to read as follows:
‘‘(1) DISCRETIONARY BRIDGE PROGRAM.—
‘‘(A) IN
GENERAL.—For each of fiscal
years 1998 through 2003, of the amounts au-
thorized to be appropriated to carry out this
section, all but $100,000,000 in the case of
each such fiscal year shall be apportioned as
provided in subsection (e).
‘‘(B) RESERVED
AMOUNT.—For each of
fiscal years 1998 through 2003, of the
$100,000,000 referred to in subparagraph
(A)—
‘‘(i) $90,000,000 shall be allocated at
the discretion of the Secretary on the same
date and in the same manner as funds ap-
portioned under subsection (e); and
‘‘(ii) $10,000,000 shall be allocated by
the Secretary in accordance with section
1039 of the Intermodal Surface Transpor-
tation Efficiency Act of 1991 (23 U.S.C.
144 note; 105 Stat. 1990).’’.
(c) OFF-SYSTEM BRIDGES.—Section 144(g)(3) is
amended by striking ‘‘1987,’’ and all that follows through
‘‘1997,’’ and inserting ‘‘1987 through 2003’’.
(d) FUNDING FOR HIGHWAY TIMBER BRIDGE RE-
SEARCH
AND
DEMONSTRATION
PROGRAM.—Section
1039(e) of the Intermodal Surface Transportation Effi-
ciency Act of 1991 (23 U.S.C. 144 note; 105 Stat. 1991)
is amended to read as follows:
‘‘(e) FUNDING.—From the funds reserved from ap-
portionment under section 144(g)(1) of title 23, United
States Code, for each of fiscal years 1998 through 2003—
‘‘(1) $1,500,000 shall be available to the Sec-
retary for carrying out subsections (a) and (b); and
‘‘(2) $8,500,000 shall be available to the Sec-
retary to carry out subsection (c).
Such sums shall remain available until expended.’’.
SEC. 108. MINIMUM ALLOCATION.
Section 157 of title 23, United States Code, is
amended—
(1) in subsection (a)—
(A) in paragraph (4) by striking the para-
graph designation and all that follows before
‘‘on October 1’’ and inserting the following:
‘‘(4) FISCAL YEARS 1992–1997.—In each of fis-
cal years 1992 through 1997,’’; and
(B) by adding at the end the following:
‘‘(5) FISCAL YEAR 1998 AND THEREAFTER.—
‘‘(A) DETERMINATION
OF
AMOUNTS.—In
fiscal year 1998, and each fiscal year there-
after, on October 1, or as soon as practicable
thereafter, the Secretary shall determine the
amount of funds would be required to ensure
that a State’s percentage of the total apportion-
ments in each such fiscal year and allocations
for the prior fiscal year for—
‘‘(i) the National Highway System
under section 103;
‘‘(ii) the Interstate maintenance pro-
gram under section 119;
‘‘(iii) the surface transportation pro-
gram under section 133;
‘‘(iv) the bridge program under sec-
tion 144;
‘‘(v) the congestion mitigation and air
quality improvement program under sec-
tion 149;
‘‘(vi) grants for safety belts and mo-
torcycle helmets under section 153;
‘‘(vii) the Interstate reimbursement
program under section 160;
‘‘(viii) the Appalachian development
highway program under section 201 of the
Appalachian Regional Development Act of
1965 (40 U.S.C. App); and
‘‘(ix) the scenic byways program
under section 1047 of the Intermodal Sur-
face Transportation Efficiency Act of 1991
(23 U.S.C. 101 note; 105 Stat. 1996);
is not less than 90 percent of the percentage
that the population of the State is of the popu-
lation of the United States, as determined by
the Secretary based on the most recent revised
estimate of State populations prepared by the
Bureau of the Census.
‘‘(B) APPORTIONMENT.—
‘‘(i) IN
GENERAL.—Except as pro-
vided in clause (ii), after determining the
amounts of funds under subparagraph (A),
the Secretary shall apportion the funds au-
thorized to carry out this section for a fis-
cal year to each State in the ratio that the
amount determined for the State under
subparagraph (A) bears to the total
amount determined for all States under
subparagraph 
(A) 
(including 
ineligible
States under clause (ii)).
‘‘(ii) INELIGIBLE
STATES.—A State
shall be ineligible to receive funding under
this section if—
‘‘(I) the State’s apportionment
pursuant to subparagraph (A) is
greater than 5.0 percent but less than
6.0 percent; and
‘‘(II) the State’s apportionment
in any fiscal year under the ISTEA
Reauthorization Act of 1997 is more
than 5 percent greater than its aver-
age apportionment under the Inter-
modal Surface Transportation Effi-
ciency Act of 1991.
(b) APPLICABILITY OF OBLIGATION LIMITATIONS.—
Section 157(b) is amended by striking the last 2 sen-
tences.
(c) STATE DEFINED.—Section 157(e) is amended to
read as follows:
‘‘(e) STATE DEFINED.—Notwithstanding any other
provision of this title, in this section, the term ‘State’
means each of the 50 States.’’.
SEC. 109. INTERSTATE REIMBURSEMENT PROGRAM.
Section 160 is amended—
(1) in subsection (a) by striking ‘‘The Secretary
shall allocate to the States in each of fiscal years
1996 and 1997’’ and inserting ‘‘For any fiscal year
for which funds are authorized to carry out this sec-
tion, the Secretary shall allocate to the States’’; and
(2) in subsection (b)—
(A) by striking ‘‘each of fiscal years 1996
and 1997’’ and inserting ‘‘a fiscal year’’; and
(B) by inserting before the period at the
end the following: ‘‘, except that no State may
receive for a fiscal year more than 10 percent
of the total amount allocated under this section
for such fiscal year’’.
SEC. 110. APPORTIONMENT ADJUSTMENT.
(a) HIGH DENSITY ADJUSTMENT.—
(1) IN GENERAL.—Subject to subsection (c), in
the case of any State eligible for a high density ad-
justment under paragraph (3), the amount of funds
apportioned to the State for the surface transpor-
tation program under section 133 of title 23, United
States Code, for each of fiscal years 1998 through
2003 shall be increased as necessary to ensure that
the percentage obtained by dividing—
(A) the total apportionments to the State
for the fiscal year for Federal-aid highways (in-
cluding Appalachian development highways)
and highway safety construction programs; by
(B) the total of all apportionments to all
States for the fiscal year for Federal-aid high-
ways (including Appalachian development high-
ways) and highway safety construction pro-
grams;
is not less than the minimum percentage for the
State determined under paragraph (2).
(2) MINIMUM
PERCENTAGE.—Except as pro-
vided in paragraph (3), the minimum percentage re-
ferred to in paragraph (1) for a State shall be equal
to 75 percent of the State’s percentage of the total
apportionments and allocations during fiscal years
1992 through 1997 under title 23, United States
Code, the Intermodal Surface Transportation Effi-
ciency Act of 1991 (105 Stat. 1914 et seq.), and the
National Highway System Designation Act of 1995
(109 Stat. 568 et seq.), excluding apportionments
and allocations made for—
(A) Interstate construction under section
104(b)(5)(A);
(B) emergency relief under section 125;
(C) the Federal lands highway program
under section 204;
(D) donor State bonus amounts under sec-
tion 1013(c) of the Intermodal Surface Trans-
portation Efficiency Act of 1991 (23 U.S.C.
157 note; 105 Stat. 1940);
(E) Kansas projects under section 1014(c)
of the Intermodal Transportation Efficiency Act
of 1991 (105 Stat. 1942);
(F) hold harmless adjustments under sec-
tion 1015(a) of the Intermodal Transportation
Efficiency Act of 1991 (23 U.S.C. 104 note;
105 Stat. 1943);
(G) 90 percent of payment adjustments
under section 1015(b) of the Intermodal Trans-
portation Efficiency Act of 1991 (23 U.S.C.
104 note; 105 Stat. 1944); and
(H) demonstration projects under the
Intermodal Transportation Efficiency Act of
1991.
(3) SPECIAL RULE.—For States with a popu-
lation of 4,000,000 or more, the minimum percent-
age referred to in paragraph (1) shall be equal to
150 percent.
(4) ELIGIBLE STATES.—A State shall be eligi-
ble for a high density adjustment under this sub-
section if the State has a population density of more
than 450 persons per square mile.
(b) MINIMUM APPORTIONMENT ADJUSTMENT.—Sub-
ject to subsection (c), the amount of funds apportioned
to a State for the surface transportation program under
section 133 for each of fiscal years 1998 through 2003
shall be increased as necessary to ensure that—
(1) the sum of—
(A) the total apportionments to the State
for the fiscal year; and
(B) the total allocations authorized by the
Intermodal Surface Transportation Efficiency
Act of 1991 or this Act to the State for the
previous fiscal year;
for Federal-aid highways (including Appalachian de-
velopment highways) and highway safety construc-
tion programs (excluding apportionments and alloca-
tions for emergency relief under section 125 and for
Federal lands highways under section 204); is not
less than—
(2)(A) 1⁄2 of 1 percent of the sum of—
(i) the total of all apportionments de-
scribed in paragraph (1) to all States for the
fiscal year; and
(ii) the total of all allocations described in
paragraph (1) to all States for the previous fis-
cal year; or
(B) 90 percent of the total of all apportion-
ments described in paragraph (1) to the State for
fiscal year 1997.
(c) LIMITATION
ON
APPORTIONMENT
ADJUST-
MENTS.—If the amounts authorized to be appropriated for
apportionment adjustments under this section for a fiscal
year are insufficient to fund the increased apportionments
required by subsections (a) and (b) for the fiscal year, the
increased apportionment shall be reduced proportionately.
SEC. 111. LEVEL OF EFFORT BONUS.
(a) ELIGIBLE STATES.—In each of fiscal years 1998
through 2003, on October 1, or as soon as possible there-
after, the Secretary of Transportation shall allocate funds
made available to carry out this section among those
States that the Secretary determines, based on the most
recent fiscal year for which data are available, had a level
of effort that exceeded the average level of effort of all
States.
(b) ALLOCATION FORMULA.—The Secretary shall al-
locate funds under this section in the ratio that the finan-
cial level of effort of each eligible State exceeded the finan-
cial level of effort of all eligible States for the applicable
fiscal year, except that no State may receive more than
10 percent of the total amount made available to carry
out this section for such fiscal year.
(c) DETERMINATION OF FINANCIAL LEVEL OF EF-
FORT.—For purposes of subsection (a), the Secretary
shall determine the financial level of effort of a State for
a fiscal year—
(1) by calculating the ratio of total State and
local disbursements for Federal-aid highways and
highway safety construction programs to total State
taxable resources in each State for such fiscal year;
and
(2) for each State in which the result of para-
graph (1) exceeds the ratio of total State and local
disbursements for Federal-aid highways and highway
safety construction programs for all States to total
State taxable resources for all States for such fiscal
year, by multiplying such difference by the total
State taxable resources for the State, resulting in
the financial level of effort amount for each eligible
State to be used in subsection (b).
‘‘(d) ADJUSTMENT FOR STATES WITH HIGH EQUIV-
ALENT MOTOR FUEL TAX.—Of the amounts authorized
for each fiscal year to carry out this section, $65,000,000
shall be made available to States that have a high level
of effort as measured by equivalent motor fuel tax accord-
ing to the following table:
The applicable
State
percentage is:
Connecticut ........................................................................................
4.75
Hawaii ................................................................................................
3.22
Illinois ................................................................................................ 30.08
Maryland ............................................................................................ 19.70
Massachusetts ....................................................................................
5.41
Nevada ...............................................................................................
8.81
Ohio .................................................................................................... 20.12
Oregon ................................................................................................
7.91
Total ...............................................................................................100.00.’’
(e) TRANSFER OF AMOUNT TO STP APPORTION-
MENT.—The Secretary shall transfer amounts allocated to
a State pursuant to this section to the apportionment of
such State under section 104(b)(3) of title 23, United
States Code, for the surface transportation program.
SEC. 112. RESEARCH PROGRAMS.
(a) STRATEGIC HIGHWAY RESEARCH PROGRAM.—
Section 307(b)(2)(B) is amended by striking ‘‘1994, 1995,
1996, and 1997’’ and inserting ‘‘1994 through 2003’’.
(b) 
APPLIED
RESEARCH
PROGRAM.—Section
307(e)(13) is amended in the first sentence by striking
‘‘1993, 1994, 1995, 1996, and 1997’’ and inserting ‘‘1993
through 2003’’.
(c) 
SEISMIC
RESEARCH
PROGRAM.—Section
307(f)(4) is amended by striking ‘‘$2,000,000’’ and all
that follows before the period and inserting ‘‘$4,000,000
in each of fiscal years 1998 through 2003 to carry out
this section’’.
(d) INTELLIGENT TRANSPORTATION SYSTEMS.—Sec-
tion 6058 of the Intermodal Surface Transportation Effi-
ciency Act of 1991 (23 U.S.C. 307 note; 105 Stat. 2191)
is amended—
(1) in subsection (a) by striking ‘‘1997’’ and in-
serting ‘‘2003’’; and
(2) in subsection (b) by striking ‘‘1997’’ and in-
serting ‘‘2003’’.
SEC. 113. SCENIC BYWAYS PROGRAM.
Section 1047(d) of the Intermodal Surface Transpor-
tation Efficiency Act of 1991 (23 U.S.C. 101 note; 105
Stat. 1996) is amended by striking ‘‘1995, 1996, and
1997’’ and inserting ‘‘1995 through 2003’’.
SEC. 114. FERRY BOATS AND TERMINALS.
Section 1064(c) of the Intermodal Surface Transpor-
tation Efficiency Act of 1991 (23 U.S.C. 129 note; 105
Stat. 2005) is amended to read as follows:
‘‘(c) FUNDING.—There shall be available, out of the
Highway Trust Fund (other than the Mass Transit Ac-
count), to the Secretary for obligation at the discretion
of the Secretary in carrying out this section $40,000,000
for each of fiscal years 1998 through 2003. Such sums
shall remain available until expended.’’.
SEC. 115. BORDER CROSSING INFRASTRUCTURE PROGRAM.
(a) FINDING.—Congress finds and declares that as
a result of the North American Free Trade Agreement,
States along the United States-Mexico and United States-
Canada border will require significant investments in high-
way infrastructure capacity so that the Nation may realize
the full benefits of increased international trade.
(b) ESTABLISHMENT.—Chapter 1 is amended by
adding at the end the following:
‘‘§ 161. Border crossing infrastructure program
‘‘(a) AUTHORITY TO MAKE GRANTS.—The Secretary
shall make grants under this section to Mexican and Cana-
dian border States that submit an application that dem-
onstrates need, due to increased traffic resulting from the
implementation of NAFTA, for assistance in carrying out
transportation projects that are necessary to relieve traffic
congestion, specifically for the purposes of connecting,
through construction or reconstruction, the National
Highway System designated under section 103(b), with
Federal border crossing facilities located in the United
States in the border region, or to improve enforcement of
motor carrier safety laws in the border region. The Fed-
eral share of the cost of a project under this section shall
not exceed 80 percent of the total project cost. Each bor-
der region will comprise a separate subprogram within this
program, and as such be administered separately.
‘‘(b) MEXICAN BORDER REGION PROGRAM.—
‘‘(1) IN
GENERAL.—For each of fiscal years
1998 through 2003, the Secretary shall allocate the
amounts made available to carry this section among
Mexican border States as follows:
‘‘(A) 90 percent in the ratio which the
number of major Mexican border crossing facili-
ties in each Mexican border State bears to the
total number of major Mexican border crossing
facilities in all Mexican border States, as deter-
mined by the Secretary under paragraph (2).
‘‘(B) 10 percent in the ratio which the
number of minor Mexican border crossing facili-
ties in each Mexican border State bears to the
total number of minor Mexican border crossing
facilities in all Mexican border States, as deter-
mined by the Secretary under paragraph (2).
‘‘(2) DETERMINATIONS.—The Secretary shall
make the determinations required by paragraph (1)
concerning the number of commercial motor vehicles
using a Mexican border crossing facility on an an-
nual basis using the most recent calendar year infor-
mation that can be obtained from the Census Bu-
reau.
‘‘(c) CANADIAN BORDER REGION PROGRAM.—For
each of fiscal years 1998 through 2003, the Secretary
shall allocate the amounts made available to carry this sec-
tion among Canadian border States in accordance with an
equitable formula to be established by the Secretary that
shall consider—
‘‘(1) the annual volume of international com-
mercial motor vehicle traffic at the ports of entry of
each Canadian border State as compared to the an-
nual volume of international commercial motor vehi-
cle traffic at the ports of entry of all Canadian bor-
der States;
‘‘(2) the percentage by which international com-
mercial vehicle traffic in each Canadian border State
has grown during the period beginning on the date
of the enactment of the North American Free Trade
Agreement Implementation Act (Public Law 103-
182) as compared to that percentage for all Cana-
dian border States;
‘‘(3) the age and condition of existing border
crossings and connections to the National Highway
System of each Canadian border State as compared
to the age and condition of existing border crossings
and connections to the National Highway System of
all Canadian border States; and
‘‘(4) the extent of border transportation im-
provements carried out by each Canadian border
State during the period beginning on the date of the
enactment of the North American Free Trade
Agreement Implementation Act (Public Law 103-
182).
‘‘(d) MINIMUM ALLOCATION.—Notwithstanding any
other provision of this section, a Canadian border State
with $6,000,000,000 or more in annual imports and ex-
ports with Canada and Mexico shall receive not less than
5 percent of the amounts made available to Canadian bor-
der States to carry out this section and each of the other
Canadian border States shall receive not less than 2.5 per-
cent of such amounts.
‘‘(e) PROJECTS COMMENCED AFTER JANUARY 1,
1994.—The Secretary may make a grant under this sec-
tion to a Mexican or Canadian border State that reim-
burses the State for a project for which construction com-
menced after January 1, 1994, if the project is otherwise
eligible for assistance under this section.
‘‘(f) DEFINITIONS.—In this section, the following
definitions apply:
‘‘(1) BORDER STATE.—The term ‘border State’
means a Canadian border State or a Mexican border
State.
‘‘(2) BORDER CROSSING FACILITY.—The term
‘border crossing facility’ means a Federal facility lo-
cated in the United States that is used to enter the
United States from Canada or Mexico.
‘‘(3) CANADIAN
BORDER
REGION.—The term
‘Canadian border region’ means the region located
within 60 miles of the United States border with
Canada.
‘‘(4) CANADIAN
BORDER
STATE.—The term
‘Canadian border State’ means Maine, New Hamp-
shire, Vermont, New York, Pennsylvania, Ohio,
Michigan, Wisconsin, Minnesota, North Dakota,
Montana, Idaho, Washington, and Alaska.
‘‘(5) COMMERCIAL MOTOR VEHICLE.—The term
‘commercial motor vehicle’ means a motor vehicle
that is used in commerce to transport passengers or
property and has a gross vehicle weight rating of
26,001 or more pounds.
‘‘(6) MAJOR MEXICAN BORDER CROSSING FA-
CILITY.—The term ‘major Mexican border crossing
facility’ means a Mexican border crossing facility
used by 150,000 or more northbound commercial
motor vehicles in a calendar year.
‘‘(7) MEXICAN
BORDER
REGION.—The term
‘Mexican border region’ means the region located
within 60 miles of the United States border with
Mexico.
‘‘(8) MEXICAN
BORDER
STATE.—The term
‘Mexican border State’ means California, Arizona,
New Mexico, and Texas.
‘‘(9) MINOR MEXICAN BORDER CROSSING FA-
CILITY.—The term ‘minor Mexican border crossing
facility’ means a Mexican border crossing facility
used by less than 150,000 northbound commercial
motor vehicles in a calendar year.
‘‘(6) NAFTA.—The term ‘NAFTA’ means the
North American Free Trade Agreement.
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There
is authorized to be appropriated out of the Highway Trust
Fund (other than the Mass Transit Account) to carry out
this section for each of fiscal years 1998 through 2003,
$100,000,000 for the Mexican border region and
$100,000,000 for the Canadian border region.’’.
SEC. 116. PROGRAM STREAMLINING.
(a) PROGRAM APPROVAL.—
(1) PROGRAM
APPROVAL
DEFINED.—Section
101(a) is amended by inserting after the undesig-
nated paragraph relating to the term ‘‘project agree-
ment’’ the following:
‘‘The term ‘program agreement’ means the formal in-
strument to be executed by the State highway department
and Secretary which identifies a State’s annual capital
program, either on a project-by-project basis or program
area basis.’’.
(2) 
TRANSPORTATION
IMPROVEMENT
PRO-
GRAM.—Section 135(f)(4) is amended by adding at
the end the following: ‘‘A State shall have the option
to enter into program agreements for either the
State’s entire capital program or for each program
funding category as a whole or for like types of
projects.’’.
(b) STATE PROGRAMS.—
(1) REPEAL.—Sections 105 is repealed.
(2) CONFORMING AMENDMENT.—The table of
sections for chapter 53 is amended by striking the
item relating to section 105.
(c) PRIORITY
FOR CERTAIN PROJECTS.—Section
135(f) is amended by adding at the end the following:
‘‘(5) PRIORITY FOR HIGH PRIORITY SEGMENTS
OF CORRIDORS OF NATIONAL SIGNIFICANCE.—In se-
lecting projects for inclusion in a transportation im-
provement program under this subsection, a State
may give priority to high priority segments of cor-
ridors identified under section 1105(f) of the Inter-
modal Surface Transportation Efficiency Act of
1991 (105 Stat. 2033–2035) or any other provision
of law. The Secretary may give priority of approval
to, and expedite construction of, projects to complete
construction of such segments.’’.
(d) ENVIRONMENTAL STANDARDS.—
(1) STUDY.—The Secretary of Transportation
shall conduct a study of the feasibility of establish-
ing a program under which a State that has an envi-
ronmental program that is functionally equivalent to
the environmental program of the Federal Govern-
ment may be certified to conduct joint Federal and
State environmental reviews for surface transpor-
tation projects.
(2) REPORT.—Not later than 2 years after the
date of the enactment of this Act, the Secretary
shall transmit to Congress a report containing the
results of the study conducted under this subsection.
(e) COORDINATION OF ENVIRONMENTAL REVIEWS.—
(1) STUDY.—The Secretary of Transportation,
in cooperation with the Council on Environmental
Quality, shall conduct a study of the administration
of the environmental review process associated with
highway and transit programs and projects and shall
develop and implement a pilot program that will
strengthen the processes under the National Envi-
ronmental Protection Act by integrating all assess-
ment mechanisms which address social, economic,
and environmental concerns into a single unified and
streamlined process allowing for the complete,
thoughtful, timely, responsible and balanced consid-
eration of economic, social and environmental issues
which promote sustainable development.
(2) REPORT.—Not later than 2 years after the
date of the enactment of this Act, the Secretary
shall transmit to Congress a report containing the
results of the study conducted under this paragraph,
including an assessment of the pilot program and
recommendations for legislative actions that are nec-
essary to further improve coordination and consoli-
dation of environmental reviews of surface transpor-
tation projects.
(f) TOLL AND PRIVATE INVESTMENT CREDITS.—
(1) IN GENERAL.—Section 322 is amended to
read as follows:
‘‘§ 322. Credit for non-federal share
‘‘(a) ELIGIBILITY.—
‘‘(1) TOLL REVENUES.—A State shall be cred-
ited toward the non-Federal share of the cost of a
project under this title for toll revenues that are
generated and used by public, quasi-public, and pri-
vate agencies to build, improve, or maintain high-
ways, bridges, or tunnels that serve the public pur-
pose of interstate commerce. Such public, quasi-pub-
lic, or private agencies shall have built, improved, or
maintained such facilities without Federal funds.
‘‘(2) PRIVATE INVESTMENT FUNDS.—A State
shall be credited toward the non-Federal share of
the cost of a project under this title private funds
invested in the Federal-Aid Highway System.
‘‘(b) TREATMENT.—Use of such credit for a non-Fed-
eral share shall not expose such agencies from which the
credit is received to additional liability, additional regula-
tion, or additional administrative oversight. When credit
is applied from chartered multi-State agencies, such credit
shall be applied equally to all charter States. The public,
quasi-public, and private agencies from which the credit
for which the non-Federal share is calculated shall not be
subject to any additional Federal design standards, laws,
or regulations as a result of providing non-Federal match
other than those to which such agency is already subject.’’.
(2) CONFORMING AMENDMENT.—The table of
sections at the beginning of such chapter is amended
by adding at the end the following new item:
‘‘322. Credit for non-federal share.’’.
(g) REMOVAL OF HISTORIC HIGHWAY BRIDGES FOR
REUSE.—Section 114(o) is amended—
(1) in paragraph (1) by inserting after ‘‘adapt-
ive reuse,’’ the following: ‘‘alternative transportation
purposes (including bikeway and walkway projects
eligible for funding under this title),’’;
(2) in paragraph (3)—
(A) by inserting after ‘‘intended use’’ the
following: ‘‘whether motorized vehicular traffic
or alternative public transportation purposes’’;
and
(B) by inserting after ‘‘no longer used for
motorized vehicular traffic’’ the following ‘‘or
for alternative public transportation purposes’’;
(3) in the second sentence of paragraph (4)—
(A) by inserting after ‘‘historic bridge’’ the
following: ‘‘for motorized vehicles or alternative
vehicular traffic or alternative public transpor-
tation’’; and
(B) by striking ‘‘under this chapter’’ and
all that follows before the period.
(h) STREAMLINED ADMINISTRATION OF ENHANCE-
MENT PROJECTS AND SMALL CMAQ PROJECTS.—
(1) STUDY.—The Secretary, in cooperation with
the Administrator of the Environmental Protection
Agency and the Council on Environmental Quality,
shall conduct a study to develop ways to streamline
and simplify the administration of enhancement
projects and congestion mitigation and air quality
projects with a cost of less than $500,000.
(2) REPORT.—Not later than 2 years after the
date of the enactment of this Act, the Secretary
shall transmit to Congress a report contain the re-
sults of the study conducted under paragraph (1),
together with recommendations on how the adminis-
tration of enhancement projects and small conges-
tion mitigation and air quality projects can be sim-
plified and streamlined.
TITLE II—TRANSIT PROGRAMS
SEC. 201. SHORT TITLE.
This title may be cited as the ‘‘Federal Transit Act
of 1997’’.
SEC. 202. AMENDMENTS TO TITLE 49, UNITED STATES
CODE.
Except as otherwise specifically provided, whenever in
this title an amendment or repeal is expressed in terms
of an amendment to, or repeal of, a section or other provi-
sion of law, the reference shall be considered to be made
to a section or other provision of title 49, United States
Code.
SEC. 203. FINDINGS.
Congress finds that—
(1) public transit is an important factor in the
continued economic vitality of the United States;
(2) citizens in rural and urban areas depend on
public transportation for access to employment, edu-
cation, health care, and other necessities of daily
life;
(3) public transportation improves air quality
and helps air quality nonattainment areas achieve
federally required pollution reduction milestones;
(4) millions of Americans are employed in the
transit industry, operating the Nation’s transit sys-
tems, manufacturing buses, trains, and other vehi-
cles used in public transportation, or are serving in
related capacities;
(5) the Intermodal Surface Transportation Effi-
ciency Act of 1991 moved public transportation to-
ward an equal footing with highways in the decision-
making process of Federal, State, and local govern-
ments;
(6) the transit programs developed under the
Intermodal Surface Transportation Efficiency Act of
1991 should be continued so that the full potential
of public transportation may be realized;
(7) an increased investment in public transpor-
tation will increase access to jobs and other impor-
tant destinations for millions of Americans, as well
as reduce our dependence on foreign oil and the inci-
dence of air pollution; and
(8) the needs of public transportation systems
should continue to be the driving force behind the al-
location of available financial resources.
SEC. 204. FLEXIBILITY FOR SMALL URBANIZED AREAS.
Section 5307 is amended by adding at the end the
following:
‘‘(o) USE
OF AMOUNTS
BY SMALL URBANIZED
AREAS.—Notwithstanding any other provision of this sec-
tion, each urbanized area with a population of less than
200,000 may use assistance received under this section for
either operating or capital needs.’’.
SEC. 205. DISCRETIONARY GRANTS AND LOANS.
Section 5309(m)(1) is amended by striking ‘‘the fis-
cal years ending September 30, 1993–1997’’ and inserting
‘‘fiscal years 1998 through 2003’’.
SEC. 206. AUTHORIZATION OF APPROPRIATIONS.
(a) APPORTIONMENT
OF
APPROPRIATIONS
FOR
FIXED GUIDEWAY MODERNIZATION.—Section 5337(a) is
amended by striking ‘‘the fiscal years ending September
30, 1993–1997,’’ and inserting ‘‘fiscal years 1998 through
2003’’.
(b) SECTIONS 5303–5306, 5307, 5310, 5311, 5313,
5314, 5317, 5320, 5327, AND 5334 (a) AND (c).—Section
5338(a) is amended to read as follows:
‘‘(a) FOR SECTIONS 5303–5306, 5307, 5310, 5311,
5313, 5314, 5317, 5320, 5327, AND 5334 (a) AND (c).—
‘‘(1) IN GENERAL.—There is authorized to be
appropriated from the Mass Transit Account of the
Highway Trust Fund to carry out sections 5303–
5306, 5307, 5310, 5311, 5313, 5314, 5317, 5320,
5327, 
and 
5334(a) 
and 
(c) 
of 
this 
title
$2,712,000,000 for the each of fiscal years 1998
through 2003.
‘‘(2) ADDITIONAL
AMOUNTS.—In addition to
the amounts made available under paragraph (1),
not more than $600,000,000 for each of fiscal years
1998 through 2003 may be appropriated to the Sec-
retary to carry out sections 5303–5306, 5307, 5310,
5311, 5313, 5314, 5317, 5320, 5327, and 5334(a)
and (c).’’.
(c) DISCRETIONARY GRANTS AND LOANS.—Section
5338(b) to read as follows:
‘‘(b) 
SECTION
5309.—Not 
more 
than
$2,288,000,000 for each of fiscal years 1998 through
2003 is available from the Account for the Secretary to
carry out section 5309 of this title.’’.
(d) NATIONAL
MASS
TRANSPORTATION
INSTI-
TUTE.—Section 5338(c) is amended by striking ‘‘the fiscal
years ending September 30, 1993–1997’’ and inserting
‘‘fiscal years 1998 through 2002’’.
(e) UNIVERSITY RESEARCH INSTITUTES.—Section
5338(d) is amended by striking ‘‘each of the fiscal years
ending September 30, 1993–1997’’ and inserting ‘‘fiscal
years 1998 through 2002’’.
(f) TRANSPORTATION CENTERS.—
(1) IN GENERAL.—Section 5338(e) is amended
to read as follows:
‘‘(e) SECTION 5317.—Not more than $6,000,000 is
available from the Fund (except the Account) for the Sec-
retary for each of fiscal years 1998 through 2003, to carry
out section 5317 of this title.’’.
(2) 
CONFORMING
AMENDMENT.—Section
5317(b)(5) is amended—
(A) by striking subparagraph (C); and
(B) by redesignating subparagraph (D) as
subparagraph (C).
(g) OTHER
SET-ASIDES.—Section 5338(h)(3) is
amended by striking ‘‘the fiscal years ending September
30, 1993–1997’’ and inserting ‘‘fiscal years 1998 through
2003’’.
SEC. 207. PROGRAM EFFICIENCY IMPROVEMENTS.
(a) ASSOCIATED CAPITAL MAINTENANCE.—
(1) AMENDMENT
TO
DEFINITION.—Section
5307(a)(1) is amended by striking ‘‘material, each’’
and all that follows through the end of the para-
graph and inserting ‘‘material;’’.
(2) 
CONFORMING
AMENDMENT.—Section
5307(b)(4) is amended by striking ‘‘material,’’ and
all that follows through ‘‘used,’’ and inserting ‘‘ma-
terial’’.
(b) STATE APPORTIONMENT FLEXIBILITY.—Section
5310(b) is amended by striking ‘‘Any State’s apportion-
ment’’ and all that follows through ‘‘the State for trans-
fer’’ and inserting ‘‘The chief executive officer of the State
may transfer any of the funds apportioned to the State
under this section’’.
SEC. 208. APPLICATION OF BYRD RULE TO MASS TRANSIT
ACCOUNT OF HIGHWAY TRUST FUND.
Section 9503(e)(4) of the Internal Revenue Code of
1986 is amended by striking ‘‘except’’ and all that follows
before the period.
Æ