[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 2143 Introduced in Senate (IS)]







104th CONGRESS
  2d Session
                                S. 2143

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 27, 1996

Mr. Warner (for himself, Mr. Graham, Mr. Inhofe, Mr. Coats, Mr. Lugar, 
 Mr. Gramm, Mrs. Hutchison, Mr. Robb, Mr. Faircloth, Mr. Hollings, Mr. 
 McConnell, Mr. Ford, and Mr. Nickles) introduced the following bill; 
 which was read twice and referred to the Committee on Environment and 
                              Public Works

_______________________________________________________________________

                                 A BILL


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

    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. 13. Repeal of Set-Asides for Discretionary Programs.
Sec. 14. Technical Correction to Program Administration Set-Aside.

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. EFFECTIVE DATE; APPLICABILITY; CERTAIN UNOBLIGATED BALANCES.

    (a) General Rule.--This Act, including the amendments made by this 
Act, shall take effect on the date of the enactment of this Act.
    (b) Applicability.--Except as otherwise specifically provided, this 
Act and the amendments made by this Act shall apply only to funds 
authorized to be appropriated or made available after September 30, 
1997, and, except as otherwise provided in subsection (c), shall not 
apply to funds appropriated or made available on or before September 
30, 1997.
    (c) Unobligated Balances.--
             (1) In general.--Unobligated balances of funds apportioned 
        to a State under sections 104(b)(2), 104(b)(4), 104(b)(5), and 
        144(e) of title 23, sections 1013(c), 1069, 1103, 1104, 1105, 
        1106, 1107, 1108 of Public Law 102-240 before October 1, 1997, 
        shall be available for obligation in that state under the law, 
        regulations, policies and procedures relating to the obligation 
        and expenditure of those funds in effect on September 30, 1997.
            (2) Transferability.--
                    (A) Congestion mitigation and air quality 
                improvement program.--A State may transfer unobligated 
                balances of funds apportioned to the State before 
                October 1, 1997, for the Congestion Mitigation and Air 
                Quality Improvement Program to the apportionment to 
                such State under section 104(b)(3).
                    (B) Interstate construction and interstate 
                maintenance programs.--A State may transfer unobligated 
                balances of funds apportioned to the State before 
                October 1, 1997, for the Interstate Construction 
                Program or the Interstate Maintenance Program to the 
                apportionment to such State under section 104(b)(1).
                    (C) Bridge replacement and rehabilitation 
                program.--A State may transfer unobligated balances 
of funds apportioned to the State before October 1, 1997, for the 
Bridge Replacement and Rehabilitation Program to the apportionment to 
such State under section 104(b)(1) or 104(b)(3), or both.
                    (D) Surface transportation program.--A State may 
                transfer unobligated balances of funds apportioned to 
                the State before October 1, 1997, for the Surface 
                Transportation Program to the apportionment to such 
                State under section 104(b)(3).
                    (E) Applicability of certain laws, regulations, 
                policies, and procedures.--Funds transferred under this 
                paragraph shall be subject to the laws, regulations, 
                policies, and procedures relating to the apportionment 
                to which they are transferred.

SEC. 4. DECLARATION OF POLICY.

    Congress finds and declares the following:
            (1) ISTEA set in motion a positive effort toward 
        implementation of a responsive transportation program designed 
        to meet a variety of national transportation needs by 
        increasing State and local flexibility, streamlining the 
        program structure, and rethinking the relationship among the 
        States and the metropolitan areas within them.
            (2) It is the policy of the United States to build upon the 
        successes of ISTEA and to develop a National Intermodal 
        Transportation System that is economically efficient and 
        environmentally sound, provides the foundation for the Nation 
        to compete in the global economy, and will move people and 
        goods in an energy efficient manner.
            (3) The National Intermodal Transportation System shall 
        consist of all forms of transportation in a unified, 
        interconnected manner, including the transportation systems of 
        the future, to reduce energy consumption and air pollution 
        while promoting economic development and supporting the 
        Nation's preeminent position in international commerce.
            (4) The National Intermodal Transportation System shall 
        provide improved access to ports and airports, the Nation's 
        link to world commerce.
            (5) The National Intermodal Transportation System must be 
        the centerpiece of a national investment commitment to create 
        the new wealth of the Nation for the 21st century.
            (6) 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.
            (7) 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.
            (8) 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.
            (9) The national surface transportation policy must provide 
        sufficient flexibility for States and localities to respond to 
        diverse local needs.
            (10) 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 $10,174,424,000 for each fiscal year 1998-2002.
            (2) Surface transportation program.--For the surface 
        transportation program $15,261,636,000 for each fiscal year 
        1998-2002.
            (3) Federal lands highway program.--
                    (A) Indian reservation roads.--For Indian 
                reservation roads $245,700,000 for each fiscal year 
                1998-2002.
                    (B) Public lands highways.--For public 
lands highways $213,700,000 for each fiscal year 1998-2002.
                    (C) Parkways and park highways.--For parkways and 
                park highways $104,520,000 for each Fiscal Year 1998-
                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) Highway funds defined.--Section 101(a) is amended by 
        adding at the end the following: ``Beginning on October 1, 
        1997, the term `highway funds' means, with respect to any 
        fiscal year, the funds apportioned and allocations authorized 
        by this Act to a State for such fiscal year, and the funds 
        administratively allocated to a State for the preceding fiscal 
        year (if any), 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, one-third percent to the Virgin Islands, Guam, American 
        Samoa, and the Commonwealth of the Northern Mariana Islands and 
        the remaining 99\2/3\ 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, as certified by 
                        the Secretary, 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, as 
                        certified by the Secretary.
                            ``(ii) One-ninth in the ratio which total 
                        rural vehicle miles traveled in each State, as 
                        certified by the Secretary, bears to those of 
                        all States described in clause (i).
                            ``(iii) Two-ninths in the ratio which total 
                        urban lane miles in each State, as certified by 
                        the Secretary, bears to those of all States 
                        described in clause (i).
                            ``(iv) Two-Ninths in ratio which total 
                        urban vehicle miles traveled in each State, as 
                        certified by the Secretary, bears to those of 
                        all States described in clause (i).
                            ``(v) three-ninths in the ratio which total 
                        diesel fuel used on highways in each State, as 
                        certified by the Secretary, bears to that used 
                        on highways 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).
    (c) 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 
                inserting:
            ``(1) For transportation enhancement activities.--Each year 
        a State shall allocate for transportation enhancement 
        activities an amount of the funds available for obligation 
        under section 104(b)(3) determined by multiplying--
                    ``(i) an amount of the funds required to be 
                allocated in such areas under Public Law 102-240 for 
                fiscal year 1995; 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 1995.''
                    (B) by redesignating paragraphs (3) and (4) as 
                paragraphs (2) and (3) respectively;
                    (C) in paragraph (3) (as so designated)--
                            (i) by striking subparagraph (A) and 
                        inserting the following:
                    ``(A) General rule.--Except as provided by 
                subparagraph (C), a State shall allocate in each area 
                of the State with an urbanized population of over 
                200,000 an amount of the funds available for obligation 
                under section 104(b)(3) for each fiscal year determined 
                by multiplying--
                            ``(i) the amount of funds required to be 
                        allocated in such areas under Public Law 102-
                        240 for fiscal year 1997; 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 one 
                        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'';
                            (iv) by striking subparagraph (D) and 
                        redesignating subparagraph (E) as subparagraph 
                        (D);
                            (v) in subparagraph (D), as so 
                        redesignated, by striking ``(A)(i)'' each place 
                        it appears and inserting ``(A)''; and
                    (D) in paragraph (4)(A) (as redesignated by 
                subparagraph (B)), by striking ``paragraph (2)'' and 
                inserting ``paragraph (1)'';
            (4) in subsection (e)--
                    (A) by striking paragraph (1);
                    (B) by redesignating paragraphs (2) through (5) as 
                paragraphs (1) through (4), respectively;
                    (C) by striking ``(d)(2)'' each place it appears 
                and inserting ``(d)(1)''; and
                    (D) 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 that the amount of 
        obligations expected to be incurred for surface transportation 
        program projects during such fiscal year are in accordance with 
        the surveys, plans, specifications, and estimates for each 
        proposed project included in 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 its Federal 
        share of costs incurred by the State 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 estimates prepared by the Secretary of Commerce.''.

SEC. 10. HIGHWAY BRIDGE REPLACEMENT AND REHABILITATION ACTIVITIES.

    (a) Repeal of Program.--Section 144 is repealed.
    (b) Conforming Amendment.--The table of sections 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 apportion among the States, as defined in section 101 
of this title, additional amounts sufficient to insure 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 in the percentage listed for such 
State in subsection (d).
    ``(b) Additional Apportionments.--In addition to any amount 
required to be apportioned 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) of this section 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 estimates prepared by the Secretary of Commerce.
    ``(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:

``States:                                         Adjustment percentage
        Alabama............................................        2.02
        Alaska.............................................        1.24
        Arizona............................................        1.68
        Arkansas...........................................        1.32
        California.........................................        9.81
        Colorado...........................................        1.23
        Connecticut........................................        1.00
        Delaware...........................................        0.40
        District of Columbia...............................        0.13
        Florida............................................        4.77
        Georgia............................................        3.60
        Hawaii.............................................        0.55
        Idaho..............................................        0.70
        Illinois...........................................        3.71
        Indiana............................................        2.63
        Iowa...............................................        1.13
        Kansas.............................................        1.10
        Kentucky...........................................        1.91
        Louisiana..........................................        1.63
        Maine..............................................        0.50
        Maryland...........................................        1.64
        Massachusetts......................................        1.68
        Michigan...........................................        3.34
        Minnesota..........................................        1.56
        Mississippi........................................        1.23
        Missouri...........................................        2.45
        Montana............................................        0.95
        Nebraska...........................................        0.73
        Nevada.............................................        0.67
        New Hampshire......................................        0.48
        New Jersey.........................................        2.28
        New Mexico.........................................        1.05
        New York...........................................        4.27
        North Carolina.....................................        2.83
        North Dakota.......................................        0.63
        Ohio...............................................        3.77
        Oklahoma...........................................        1.55
        Oregon.............................................        1.23
        Pennsylvania.......................................        4.12
        Puerto Rico........................................        0.50
        Rhode Island.......................................        0.55
        South Carolina.....................................        1.63
        South Dakota.......................................        0.70
        Tennessee..........................................        2.30
        Texas..............................................        7.21
        Utah...............................................        0.71
        Vermont............................................        0.43
        Virginia...........................................        2.61
        Washignton.........................................        1.75
        West Virginia......................................        0.76
        Wisconsin..........................................        1.91
        Wyoming............................................        0.66
    ``(e) Terms and Conditions.--Amounts apportioned 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.

SEC. 13. REPEAL OF SET-ASIDES FOR DISCRETIONARY PROGRAMS

    (a) Repeal of Set-Aside for Railway-Highway Crossing Hazard 
Elimination in High Speed Rail Corridors.--Section 104 is amended by 
striking subsection (d) and inserting the following:
    ``(d) Operation Lifesaver.--The Secretary shall expend, from 
administrative funds deducted under subsection (a), $300,000 for each 
fiscal year for carrying out a public information and education program 
to help prevent and reduce motor vehicle accidents, injuries, and 
fatalities and to improve driver performance at railway-highway 
crossings'';
    (b) Repeal of Set-Asides for the Interstate and National Highway 
System Discretionary Programs.--Section 118 is amended by striking 
subsection (c) and redesignating subsections (d), (e) and (f) as 
subsections (c), (d) and (e), respectively.

SEC. 14. TECHNICAL CORRECTION TO PROGRAM ADMINISTRATION SET-ASIDE.

    Subsection (a) of section 104 is amended--
            (1) by striking ``the surface transportation program, the 
        congestion mitigation and air quality improvement program, the 
        National Highway System, and the Interstate System'' and 
        inserting ``the surface transportation program and the National 
        Highway System'';
            (2) by striking ``not to exceed 3\3/4\ per centum'' and 
        inserting ``not to exceed 2 per centum.''
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