[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 335 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                 S. 335

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 13, 1997

 Mr. Warner (for himself, Mr. Graham, Mr. Hollings, Mr. Faircloth, Mr. 
 Lugar, Mr. Ford, Mrs. Hutchison, Mr. Inhofe, Mr. Nickles, Mr. Breaux, 
    Mr. Helms, Mr. Coats, Mr. McConnell, Mr. Shelby, Mr. Bond, Mr. 
   Thurmond, Mr. Sessions, Mr. Hutchinson, Mr. Gramm, Mr. Robb, Mr. 
 Coverdell, Mr. Cleland, and Mr. Grams) 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.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Declaration of policy.
Sec. 3. Authorization of appropriations.
Sec. 4. National Highway System.
Sec. 5. Eligibility of Interstate maintenance activities.
Sec. 6. Streamlined surface transportation program.
Sec. 7. Determinations of population and other apportionment factors.
Sec. 8. Highway bridge replacement and rehabilitation activities.
Sec. 9. Congestion mitigation and air quality improvement activities.
Sec. 10. Apportionment adjustment program.
Sec. 11. Repeal of set-asides for discretionary programs.
Sec. 12. Technical correction to program administration set-aside.
Sec. 13. Effective date; applicability; certain unobligated balances.

SEC. 2. DECLARATION OF POLICY.

    Section 101 of title 23, United States Code, is amended by striking 
subsection (b) and inserting the following:
    ``(b) Declaration of Policy.--Congress finds and declares the 
following:
            ``(1) The Intermodal Surface Transportation Efficiency Act 
        of 1991 (Public Law 102-240) 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 the States.
            ``(2) It is the policy of the United States to build on the 
        successes of that Act and to develop a national intermodal 
        transportation system that--
                    ``(A) is economically efficient and environmentally 
                sound;
                    ``(B) provides the foundation for the United States 
                to compete in the global economy; and
                    ``(C) 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 shall 
        be the centerpiece of a national investment commitment to 
        create the new wealth of the United States 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, and 
        ensuring the national security of, the United States.
            ``(8) While the National Highway System links the United 
        States to provide enhanced economic and social mobility, the 
        surface transportation needs of each State and region differ 
        greatly. The national intermodal transportation system 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. 3. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--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 under section 103 of title 23, United States Code, 
        $10,174,424,000 for each of fiscal years 1998 through 2002.
            (2) Surface transportation program.--For the surface 
        transportation program under section 133 of that title 
        $15,261,636,000 for each of fiscal years 1998 through 2002.
            (3) Federal lands highways program.--
                    (A) Indian reservation roads.--For Indian 
                reservation roads under section 204 of that title 
                $245,700,000 for each of fiscal years 1998 through 
                2002.
                    (B) Public lands highways.--For public lands 
                highways under section 204 of that title $213,700,000 
                for each of fiscal years 1998 through 2002.
                    (C) Parkways and park roads.--For parkways and park 
                roads under section 204 of that title $104,520,000 for 
                each of fiscal years 1998 through 2002.
    (b) Obligation Limitations.--
            (1) In general.--Except as provided in paragraph (2), 
        notwithstanding any other provision of law, any limitation on 
        obligations established for any of fiscal years 1998 through 
        2002 for funds apportioned or allocated from the Highway Trust 
        Fund (other than the Mass Transit Account) shall apply to all 
        such apportionments and allocations, unless the provision of 
        law establishing the limitation specifically amends or limits 
        the applicability of this paragraph.
            (2) Emergency relief.--Any limitation on obligations 
        described in paragraph (1) shall not apply to any allocation 
        made under section 125 of title 23, United States Code.

SEC. 4. NATIONAL HIGHWAY SYSTEM.

    (a) Definitions.--Section 101(a) of title 23, United States Code, 
is amended--
            (1) by adding at the end the following:
    ``The term `highway funds' means, with respect to a fiscal year, 
the funds apportioned and allocations authorized by the ISTEA Integrity 
Restoration Act and this title to a State for the fiscal year, and the 
funds administratively allocated to a State for the preceding fiscal 
year (if any), for Federal-aid highways and highway safety construction 
(other than funds made available for emergency relief under section 125 
and for the Federal lands highways program under section 204).''; and
            (2) by reordering the undesignated paragraphs so that they 
        are in alphabetical order.
    (b) Apportionments.--Section 104(b) of title 23, United States 
Code, is amended by striking paragraph (1) and inserting the following:
            ``(1) National highway system.--For the National Highway 
        System, \1/3\ 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) In the case of a State with an average 
                population density of 20 persons or fewer per square 
                mile, or in the case of a State with a population of 
                1,500,000 persons or fewer and with a land area of 
                10,000 square miles or less, the greater of--
                            ``(i) a percentage share of apportionments 
                        equal to the percentage specified for the State 
                        in section 157(d); or
                            ``(ii) a share determined under 
                        subparagraph (B).
                    ``(B) Subject to subparagraph (A), in the case of 
                any State for which the percentage share is not 
                determined under subparagraph (A)(i), a share of the 
                remaining apportionments determined in accordance with 
                the following formula:
                            ``(i) \1/9\ of the apportionments in the 
                        ratio that--
                                    ``(I) the total rural lane miles in 
                                each State; bears to
                                    ``(II) the total rural lane miles 
                                in all States for which the percentage 
                                share is not determined under 
                                subparagraph (A)(i).
                            ``(ii) \1/9\ of the apportionments in the 
                        ratio that--
                                    ``(I) the total rural vehicle miles 
                                traveled in each State; bears to
                                    ``(II) the total rural vehicle 
                                miles traveled in all States for which 
                                the percentage share is not determined 
                                under subparagraph (A)(i).
                            ``(iii) \2/9\ of the apportionments in the 
                        ratio that--
                                    ``(I) the total urban lane miles in 
                                each State; bears to
                                    ``(II) the total urban lane miles 
                                in all States for which the percentage 
                                share is not determined under 
                                subparagraph (A)(i).
                            ``(iv) \2/9\ of the apportionments in the 
                        ratio that--
                                    ``(I) the total urban vehicle miles 
                                traveled in each State; bears to
                                    ``(II) the total urban vehicle 
                                miles traveled in all States for which 
                                the percentage share is not determined 
                                under subparagraph (A)(i).
                            ``(v) \3/9\ of the apportionments in the 
                        ratio that--
                                    ``(I) the total diesel fuel used on 
                                highways in each State; bears to
                                    ``(II) the total diesel fuel used 
                                on highways in all States for which the 
                                percentage share is not determined 
                                under subparagraph (A)(i).''.
    (c) Bridges as Eligible Projects.--Section 103(i) of title 23, 
United States Code, is amended by adding at the end the following:
            ``(14) Construction, reconstruction, resurfacing, 
        restoration, and rehabilitation of bridges on segments of the 
        National Highway System.''.

SEC. 5. ELIGIBILITY OF INTERSTATE MAINTENANCE ACTIVITIES.

    (a) Elimination of Apportionments.--Section 104(b) of title 23, 
United States Code, is amended by striking paragraph (5).
    (b) Funding of Activities.--Section 119 of title 23, United States 
Code, is amended--
            (1) in the section heading, by striking ``program'' and 
        inserting ``activities'';
            (2) in subsection (a)--
                    (A) in the first sentence--
                            (i) 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''; and
                            (ii) by striking ``subsection (e)'' and 
                        inserting ``subsection (d)''; and
                    (B) by striking the second sentence and inserting 
                the following: ``Projects approved under the preceding 
                sentence shall be carried out using funds apportioned 
                in accordance with paragraphs (1) and (3) of section 
                104(b).'';
            (3) in subsection (b), by striking the third sentence and 
        all that follows;
            (4) by striking subsections (d), (f), and (g); and
            (5) by redesignating subsection (e) as subsection (d).
    (c) Conforming Amendments.--
            (1) The analysis for chapter 1 of title 23, United States 
        Code, is amended by striking the item relating to section 119 
        and inserting the following:

``119. Interstate maintenance activities.''.
            (2) Section 104 of title 23, United States Code, is 
        amended--
                    (A) in the first sentence of subsection (a), by 
                striking ``the National Highway System, and the 
                Interstate System'' and inserting ``and the National 
                Highway System'';
                    (B) in the matter preceding paragraph (1) of 
                subsection (b)--
                            (i) by striking ``except as provided in 
                        paragraph (5)(A) of this subsection''; and
                            (ii) by striking ``the National Highway 
                        System, and the Interstate System'' and 
                        inserting ``and the National Highway System''; 
                        and
                    (C) in subsection (e)--
                            (i) in the first sentence, by striking 
                        ``(other than under subsection (b)(5) of this 
                        section)'';
                            (ii) in the second sentence, by striking 
                        ``the sums which he has apportioned under 
                        subsection (b)(5) of this section to each State 
                        for such fiscal year, and also'' and
                            (iii) in the last sentence, by striking ``, 
                        except that in the case of the Interstate 
                        System the Secretary shall advise each State 
                        ninety days prior to the apportionment of such 
                        funds''.
            (3) Section 115(b)(1) of title 23, United States Code, is 
        amended by striking ``or 104(b)(5), as the case may be,''.
            (4) Section 137(f)(1) of title 23, United States Code, is 
        amended by striking ``section 104(b)(5)(B) of this title'' and 
        inserting ``section 104(b)(3)''.
            (5) Section 139 of title 23, United States Code, is amended 
        by striking ``sections 104(b)(1) and 104(b)(5)(B) of this 
        title'' each place it appears and inserting ``section 
        104(b)(1)''.
            (6) Section 141(c) of title 23, United States Code, is 
        amended by inserting ``(as in effect on the day before the date 
        of enactment of the ISTEA Integrity Restoration Act)'' after 
        ``section 104(b)(5) of this title'' each place it appears.
            (7) Section 142(c) of title 23, United States Code, is 
        amended by striking ``(other than section 104(b)(5)(A))''.
            (8) Section 158 of title 23, United States Code, is 
        amended--
                    (A) in subsection (a), by inserting ``(as in effect 
                on the day before the date of enactment of the ISTEA 
                Integrity Restoration Act)'' after ``104(b)(5)'' each 
                place it appears; and
                    (B) by striking subsection (b) and inserting the 
                following:
    ``(b) Effect of Withholding of Funds.--No funds withheld under this 
section from apportionment to any State after September 30, 1988, shall 
be available for apportionment to that State.''.
            (9) Section 159 of title 23, United States Code, is 
        amended--
                    (A) by striking ``(5) of'' each place it appears 
                and inserting ``(5) (as in effect on the day before the 
                date of enactment of the ISTEA Integrity Restoration 
                Act) of''; and
                    (B) in subsection (b)--
                            (i) in paragraph (1)(A)--
                                    (I) in clause (i), by striking 
                                ``section 104(b)(5)(A)'' and inserting 
                                ``section 104(b)(5)(A) (as in effect on 
                                the day before the date of enactment of 
                                the ISTEA Integrity Restoration Act)''; 
                                and
                                    (II) in clause (ii), by striking 
                                ``section 104(b)(5)(B)'' and inserting 
                                ``section 104(b)(5)(B) (as in effect on 
                                the day before the date of enactment of 
                                the ISTEA Integrity Restoration Act)'';
                            (ii) in paragraph (3)--
                                    (I) in subparagraph (A), by 
                                striking ``section 104(b)(5)(A)'' and 
                                inserting ``section 104(b)(5)(A) (as in 
                                effect on the day before the date of 
                                enactment of the ISTEA Integrity 
                                Restoration Act)'';
                                    (II) in subparagraph (B), by 
                                striking ``(5)(B)'' and inserting 
                                ``(5)(B) (as in effect on the day 
                                before the date of enactment of the 
                                ISTEA Integrity Restoration Act)''; and
                                    (III) in the last sentence, by 
                                striking ``section 104(b)(5)'' and 
                                inserting ``section 104(b)(5) (as in 
                                effect on the day before the date of 
                                enactment of the ISTEA Integrity 
                                Restoration Act)''; and
                            (iii) in paragraph (4), by striking 
                        ``section 104(b)(5)'' and inserting ``section 
                        104(b)(5) (as in effect on the day before the 
                        date of enactment of the ISTEA Integrity 
                        Restoration Act)''.
            (10) Section 161(a) of title 23, United States Code, is 
        amended by striking ``paragraphs (1), (3), and (5)(B) of 
        section 104(b)'' each place it appears and inserting 
        ``paragraphs (1) and (3) of section 104(b)''.
            (11) Section 1009 of the Intermodal Surface Transportation 
        Efficiency Act of 1991 (23 U.S.C. 119 note; 105 Stat. 1933) is 
        amended by striking subsection (c).
            (12) Section 31314 of title 49, United States Code, is 
        amended--
                    (A) in subsections (a) and (b), by striking 
                ``(5),'' each place it appears and inserting ``(5) (as 
                in effect on the day before the date of enactment of 
                the ISTEA Integrity Restoration Act),'';
                    (B) in subsection (c)(1)(A), by inserting ``(as in 
                effect on the day before the date of enactment of the 
                ISTEA Integrity Restoration Act)'' after ``section 
                104(b)(5)(B) of title 23''; and
                    (C) in each of subsections (d)(2) and (e), by 
                inserting ``(as in effect on the day before the date of 
                enactment of the ISTEA Integrity Restoration Act)'' 
                after ``section 104(b)(5) of title 23''.

SEC. 6. STREAMLINED SURFACE TRANSPORTATION PROGRAM.

    (a) In General.--Section 133 of title 23, United States Code, is 
amended--
            (1) in subsection (b)--
                    (A) in paragraph (1), by striking ``bridges 
                (including bridges on public roads of all functional 
                classifications),'' and inserting ``bridges on the 
                Federal-aid system and bridges off the Federal-aid 
                system,''; and
                    (B) by adding at the end the following:
            ``(12) With respect to each area of a State that is a 
        nonattainment area under the Clean Air Act (42 U.S.C. 7401 et 
seq.) for ozone or carbon monoxide, or for particulate matter with an 
aerodynamic diameter smaller than or equal to 10 micrometers (known as 
`PM-10') resulting from transportation activities, or for any 
combination of these substances, 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 addressed by the project or program.'';
            (2) in subsection (c), 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 the following:
            ``(1) For transportation enhancement activities.--For each 
        fiscal 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--
                    ``(A) the amount of the funds required to be 
                allocated for transportation enhancement activities 
                under the Intermodal Surface Transportation Efficiency 
                Act of 1991 (Public Law 102-240) for fiscal year 1995; 
                by
                    ``(B) the amount determined by dividing--
                            ``(i) the highway funds of the State for 
                        the fiscal year; by
                            ``(ii) the highway funds of the State for 
                        fiscal year 1995.'';
                    (B) by redesignating paragraphs (3) through (5) as 
                paragraphs (2) through (4), respectively;
                    (C) in paragraph (2) (as so redesignated)--
                            (i) by striking subparagraph (A) and 
                        inserting the following:
                    ``(A) General rule.--Except as provided in 
                subparagraph (C), for each fiscal year, a State shall 
                allocate for use in each area of the State with an 
                urbanized area population of over 200,000 persons an 
                amount of the funds available for obligation under 
                section 104(b)(3) for the fiscal year determined by 
                multiplying--
                            ``(i) the amount of funds required to be 
                        allocated for use in those areas under the 
                        Intermodal Surface Transportation Efficiency 
                        Act of 1991 (Public Law 102-240) for fiscal 
                        year 1997; by
                            ``(ii) the amount determined by dividing--
                                    ``(I) the highway funds of the 
                                State for the fiscal year; by
                                    ``(II) the highway funds of the 
                                State for fiscal year 1997.'';
                            (ii) in subparagraph (B), by striking 
                        ``subparagraph (A)(ii)'' and inserting ``this 
                        section'';
                            (iii) by striking subparagraph (C) and 
                        inserting the following:
                    ``(C) Special rule for certain states.--
                Subparagraph (A) shall not apply in the case of a 
                State--
                            ``(i) in which greater than 80 percent of 
                        the population of the State is located in 1 or 
                        more metropolitan statistical areas and greater 
                        than 80 percent of the land area of the State 
                        is owned by the United States; or
                            ``(ii) that is noncontiguous with the 
                        continental United States.'';
                            (iv) by striking subparagraph (D);
                            (v) by redesignating subparagraph (E) as 
                        subparagraph (D); and
                            (vi) in subparagraph (D) (as so 
                        redesignated)--
                                    (I) by striking ``obligate'' each 
                                place it appears and inserting 
                                ``allocate'';
                                    (II) by striking ``(A)(i)'' each 
                                place it appears and inserting ``(A)''; 
                                and
                                    (III) by striking ``obligated'' and 
                                inserting ``allocated''; 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 ``subsection (d)(2)'' each place it 
                appears and inserting ``subsection (d)(1)''; and
                    (D) by striking paragraph (1) (as redesignated by 
                subparagraph (B)) and inserting the following:
            ``(1) Certification.--
                    ``(A) In general.--Before the beginning of each 
                fiscal year, to be eligible for payments under this 
                section, the Governor of each State--
                            ``(i) shall certify to the Secretary that 
                        the State will meet all the requirements of 
                        this section; and
                            ``(ii) shall notify the Secretary that the 
                        amount of obligations expected to be incurred 
                        for each surface transportation program project 
                        during the fiscal year is in accordance with 
                        each survey, plan, specification, and estimate 
                        for the proposed project as included in the 
                        surface transportation program category in the 
                        transportation improvement program of the State 
                        developed under section 135(f) for the fiscal 
                        year.
                    ``(B) Adjustments.--A State may request an 
                adjustment to an obligation amount referred to in 
                subparagraph (A)(ii) later in the fiscal year.
                    ``(C) Effect of acceptance.--Acceptance by the 
                Secretary of the notification and certification under 
                subparagraph (A) shall be deemed to be acceptance by 
                the United States of a contractual obligation to pay 
                the Federal share of surface transportation program 
                costs incurred by the State for projects not subject to 
                review by the Secretary under this chapter.''; and
            (5) in subsection (f)--
                    (A) by striking ``6-fiscal year period 1992 through 
                1997'' and inserting ``5-fiscal year period 1998 
                through 2002''; and
                    (B) by striking ``and highway safety construction'' 
                each place it appears.
    (b) Apportionments.--Section 104(b) of title 23, United States 
Code, is amended by striking paragraph (3) and inserting the following:
            ``(3) Surface transportation program.--For the surface 
        transportation program--
                    ``(A) in the case of a State with an average 
                population density of 20 persons per square mile or 
                fewer, or in the case of a State with a population of 
1,500,000 persons or fewer and a land area of 10,000 square miles or 
less, the greater of--
                            ``(i) a percentage share of apportionments 
                        equal to the percentage specified for the State 
                        in section 157(d); or
                            ``(ii) a share determined under 
                        subparagraph (B); and
                    ``(B) subject to subparagraph (A), in the case of 
                any State for which the percentage share is not 
                determined under subparagraph (A)(i), a percentage 
                share of the remaining apportionments 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.''.
    (c) Conforming Amendments.--
            (1) Section 134(i)(5) of title 23, United States Code, is 
        amended by striking ``section 133(d)(3)'' each place it appears 
        and inserting ``section 133(d)(2)''.
            (2) Section 5305(e)(2) of title 49, United States Code, is 
        amended in the first sentence by striking ``section 133(d)(3) 
        of title 23'' and inserting ``section 133(d)(2) of title 23''.

SEC. 7. DETERMINATIONS OF POPULATION AND OTHER APPORTIONMENT FACTORS.

    Section 104 of title 23, United States Code, is amended by adding 
at the end the following:
    ``(k) Population Determinations.--For the purposes of paragraphs 
(1) and (3) of subsection (b), population shall be determined on the 
basis of the most recent estimates prepared by the Secretary of 
Commerce.
    ``(l) Determinations of Other Apportionment Factors.--For the 
purposes of paragraphs (1) and (3) of subsection (b), apportionment 
factors shall be determined on the basis of the most recent data 
certified by the Secretary.''.

SEC. 8. HIGHWAY BRIDGE REPLACEMENT AND REHABILITATION ACTIVITIES.

    (a) Repeal of Program.--Section 144 of title 23, United States 
Code, is repealed.
    (b) Conforming Amendments.--
            (1) The analysis for chapter 1 of title 23, United States 
        Code, is amended by striking the item relating to section 144.
            (2) Section 104(g) of title 23, United States Code, is 
        amended--
                    (A) in the first sentence, by striking ``, 144,''; 
                and
                    (B) by striking the third and fourth sentences.
            (3) Section 115 of title 23, United States Code, is 
        amended--
                    (A) in subsection (a)--
                            (i) in the subsection heading, by striking 
                        ``Bridge,''; and
                            (ii) in paragraph (1)(A)(i), by striking 
                        ``144,''; and
                    (B) in subsection (c), by striking ``144,,''.
            (4) Section 120(e) of title 23, United States Code, is 
        amended in the last sentence by striking ``and in section 144 
        of this title''.
            (5) Sections 134(i)(4) and 135(f)(3) of title 23, United 
        States Code, are amended by striking ``pursuant to the bridge 
        and Interstate maintenance programs'' each place it appears and 
        inserting ``Interstate maintenance activities under section 
        119''.
            (6) Section 140(b) of title 23, United States Code, is 
        amended in the last sentence by striking ``and the bridge 
        program under section 144''.
            (7) Section 151(d) of title 23, United States Code, is 
        amended by striking ``section 104(a), section 307(a), and 
        section 144 of this title'' and inserting ``sections 104(a) and 
        307(a)''.
            (8) Section 204(c) of title 23, United States Code, is 
        amended in the first sentence by striking ``or section 144 of 
        this title''.
            (9) Section 303(g) of title 23, United States Code, is 
        amended by striking ``and funds apportioned under section 144 
        of this title for developing and establishing the bridge 
        management system required by this section''.
            (10) Section 307 of title 23, United States Code, is 
        amended--
                    (A) in subsection (c)(1), by striking ``sections 
                104 and 144 of this title'' and inserting ``section 
                104''; and
                    (B) in the second sentence of subsection (e)(4)(A), 
                by striking ``which are being replaced or rehabilitated 
                under section 144 of this title''.
            (11) Section 409 of title 23, United States Code, is 
        amended by striking ``, 144,''.

SEC. 9. CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT ACTIVITIES.

    (a) Elimination of Apportionments.--Section 104(b) of title 23, 
United States Code, is amended by striking paragraph (2).
    (b) Repeal of Program.--Section 149 of title 23, United States 
Code, is repealed.
    (c) Conforming Amendments.--
            (1) The analysis for chapter 1 of title 23, United States 
        Code, is amended by striking the item relating to section 149.
            (2) Section 104 of title 23, United States Code, is amended 
        in the first sentence of subsection (a), and in the matter 
        preceding paragraph (1) of subsection (b), by striking ``, the 
        congestion mitigation and air quality improvement program,''.
            (3) Section 115(a) of title 23, United States Code, is 
        amended--
                    (A) in the subsection heading, by striking 
                ``Congestion Mitigation and Air Quality Improvement,''; 
                and
                    (B) in paragraph (1)(A)(i), by striking 
                ``104(b)(2),''.
            (4) Section 117(e) of title 23, United States Code, is 
        amended by striking ``section 133, and section 149'' and 
        inserting ``or section 133''.
            (5) Section 217 of title 23, United States Code, is 
        amended--
                    (A) in subsection (a)--
                            (i) in the subsection heading, by striking 
                        ``STP and Congestion Mitigation Program'' and 
                        inserting ``Surface Transportation Program''; 
                        and
                            (ii) by striking ``sections 104(b)(2) and 
                        104(b)(3) of this title'' and inserting 
                        ``section 104(b)(3)''; and
                    (B) in subsection (d), by striking ``sections 
                104(b)(2) and 104(b)(3) of this title'' and inserting 
                ``section 104(b)(3)''.
            (6) Section 303(g) of title 23, United States Code, is 
        amended by striking ``, (b)(2),''.
            (7) Section 31314 of title 49, United States Code, is 
        amended by striking ``(2),'' each place it appears and 
        inserting ``(2) (as in effect on the day before the date of 
        enactment of the ISTEA Integrity Restoration Act),''.
            (8) Section 355(c) of the National Highway System 
        Designation Act of 1995 (Public Law 104-59; 109 Stat. 624) is 
        amended by striking ``(b)(2),'' and inserting ``(b)(2) (as in 
        effect on the day before the date of enactment of the ISTEA 
        Integrity Restoration Act and in the case of succeeding fiscal 
        years 1996 and 1997),''.

SEC. 10. APPORTIONMENT ADJUSTMENT PROGRAM.

    (a) In General.--
            (1) Program.--Section 157 of title 23, United States Code, 
        is amended to read as follows:
``Sec. 157. Apportionment adjustment program
    ``(a) In General.--On October 1 (or as soon as practicable 
thereafter) of fiscal year 1998 and each fiscal year thereafter, the 
Secretary shall apportion among the States additional amounts 
sufficient to ensure that the ratio of the highway funds of the State 
to the highway funds of all States for the fiscal year is not less than 
the percentage specified for the 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 each State's percentage 
of highway funds for the fiscal year is not 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) shall be carried out 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 or each State with a population of 
                1,500,000 persons or fewer 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 
        specified for the State in subsection (d).
            ``(2) Population determinations.--For the purpose 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 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...............................        0.52
        Florida............................................        4.77
        Georgia............................................        3.60
        Hawaii.............................................        0.55
        Idaho..............................................        0.70
        Illinois...........................................        3.71
        Indiana............................................        2.63
        Iowa...............................................        1.13
        Kansas.............................................        1.10
        Kentucky...........................................        1.91
        Louisiana..........................................        1.63
        Maine..............................................        0.50
        Maryland...........................................        1.64
        Massachusetts......................................        1.68
        Michigan...........................................        3.34
        Minnesota..........................................        1.56
        Mississippi........................................        1.23
        Missouri...........................................        2.45
        Montana............................................        0.95
        Nebraska...........................................        0.73
        Nevada.............................................        0.67
        New Hampshire......................................        0.48
        New Jersey.........................................        2.28
        New Mexico.........................................        1.05
        New York...........................................        4.27
        North Carolina.....................................        2.83
        North Dakota.......................................        0.63
        Ohio...............................................        3.77
        Oklahoma...........................................        1.55
        Oregon.............................................        1.23
        Pennsylvania.......................................        4.12
        Puerto Rico........................................        0.50
        Rhode Island.......................................        0.55
        South Carolina.....................................        1.63
        South Dakota.......................................        0.70
        Tennessee..........................................        2.30
        Texas..............................................        7.21
        Utah...............................................        0.71
        Vermont............................................        0.43
        Virginia...........................................        2.61
        Washington.........................................        1.75
        West Virginia......................................        0.76
        Wisconsin..........................................        1.91
        Wyoming............................................        0.66
    ``(e) Terms and Conditions.--Amounts apportioned in accordance with 
subsections (a) and (b)--
            ``(1) shall be available for obligation, when allocated, 
        for the year authorized and the 3 following fiscal years;
            ``(2) shall be subject to this title; and
            ``(3) may be obligated for National Highway System projects 
        under section 103, surface transportation program projects 
        under section 133, or any other purpose authorized under this 
        title.
    ``(f) Apportionments.--There are authorized to be appropriated out 
of the Highway Trust Fund (other than the Mass Transit Account) to 
carry out this section such sums as are necessary for fiscal year 1998 
and each fiscal year thereafter.''.
            (2) Conforming amendment.--The analysis for chapter 1 of 
        title 23, United States Code, is amended by striking the item 
        relating to section 157 and inserting the following:

``157. Apportionment adjustment program.''.
    (b) Repeal of Reimbursement for Segments of the Interstate System 
Constructed Without Federal Assistance.--
            (1) In general.--Section 160 of title 23, United States 
        Code, is repealed.
            (2) Conforming amendment.--The analysis for chapter 1 of 
        title 23, United States Code, is amended by striking the item 
        relating to section 160.

SEC. 11. REPEAL OF SET-ASIDES FOR DISCRETIONARY PROGRAMS.

    Section 118 of title 23, United States Code, is amended--
            (1) by striking subsection (c); and
            (2) by redesignating subsections (d), (e), and (f) as 
        subsections (c), (d), and (e), respectively.

SEC. 12. TECHNICAL CORRECTION TO PROGRAM ADMINISTRATION SET-ASIDE.

    Section 104(a) of title 23, United States Code, is amended in the 
first sentence by striking ``not to exceed 3\3/4\ per centum'' and 
inserting ``not to exceed 2 percent''.

SEC. 13. EFFECTIVE DATE; APPLICABILITY; CERTAIN UNOBLIGATED BALANCES.

    (a) In General.--This Act and the amendments made by this Act shall 
take effect on the date of enactment of this Act.
    (b) Applicability.--This Act and the amendments made by this Act--
            (1) except as otherwise specifically provided, shall apply 
        to funds authorized to be appropriated or made available after 
        September 30, 1997; and
            (2) 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), 
        144(e), and 157 of title 23, United States Code, and sections 
        1013(c), 1069, and 1103 through 1108 of the Intermodal Surface 
        Transportation Efficiency Act of 1991 (Public Law 102-240) 
        before October 1, 1997, shall be available for obligation in 
        the State under the law (including regulations, policies, and 
        procedures) relating to the obligation and expenditure of the 
        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 under section 104(b)(2) of 
                title 23, United States Code (as in effect on the day 
                before the date of enactment of this Act) to the 
                apportionment of the State under section 104(b)(3) of 
                title 23, United States Code.
                    (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 under section 104(b)(5)(A) of title 23, United 
                States Code (as in effect on the day before the date of 
                enactment of this Act) or the Interstate maintenance 
                program under section 104(b)(5)(B) of title 23, United 
                States Code (as in effect on the day before the date of 
                enactment of this Act) to the apportionment of the 
                State under section 104(b)(1) of title 23, United 
                States Code.
                    (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 
                under section 144 of title 23, United States Code (as 
                in effect on the day before the date of enactment of 
                this Act) to the apportionment to the State under 
                paragraph (1) or (3) of section 104(b) of title 23, 
                United States Code.
                    (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 under section 104(b)(3) of title 
                23, United States Code (as in effect on the day before 
                the date of enactment of this Act) to the apportionment 
                of the State under section 104(b)(3) of title 23, 
                United States Code.
                    (E) Applicability of certain laws.--Funds 
                transferred under this paragraph shall be subject to 
                the laws (including regulations, policies, and 
                procedures) relating to the apportionment to which the 
                funds are transferred.
                                 <all>