SEC. 201. FINDINGS AND PURPOSES.
(a) FINDINGS- Congress finds and declares that--
(1) Federal infrastructure spending on transportation is critical to the efficient
movement of goods and people in the United States;
(2) section 1003(c) of the Intermodal Surface Transportation Efficiency Act of 1991
(105 Stat. 1921) has been estimated to result in fiscal year 1996 transportation spending being
reduced by as much as $2,700,000,000;
(3) such section 1003(c) will result in a reduction of critical funds to States from
the Highway Trust Fund; and
(4) the funding reduction will have adverse effects on the national economy and the
predictability of funding for the Nation's highway system and impede interstate commerce.
(b) PURPOSES- The purposes of this title are--
(1) to make the program categories in the Federal-aid highway program more flexible so
that States may fund high-priority projects in fiscal year 1996;
(2) to reallocate funds from certain programs during fiscal year 1996 so that the
States will be able to continue their core transportation infrastructure programs;
(3) to ensure the equitable distribution of funds to urbanized areas with a population
over 200,000 in a manner consistent with the Intermodal Surface Transportation Efficiency Act
of 1991; and
(4) to suspend certain penalties that would be imposed on the States.
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SEC. 202. FUNDING RESTORATION.
(a) IN GENERAL- Not later than the 10th day following the date of the enactment of this
Act and on October 1, 1997, or as soon as possible thereafter, the Secretary shall allocate
among the States the amounts made available, as a result of section 203, to carry out this
section for fiscal years 1996 and 1997, respectively, for projects eligible for assistance under
chapter 1 of title 23, United States Code.
(b) ALLOCATION FORMULA- Funds made available to carry out this section shall be allocated
among the States in accordance with the following table:
States:
Alabama
Alaska
Arizona
Arkansas
California
Colorado
Connecticut
Delaware
District of Columbia
Florida
Georgia
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Maryland
Massachusetts
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada
New Hampshire
New Jersey
New Mexico
New York
North Carolina
North Dakota
Ohio
Oklahoma
Oregon
Pennsylvania
Rhode Island
South Carolina
South Dakota
Tennessee
Texas
Utah
Vermont
Virginia
Washington
West Virginia
Wisconsin
Wyoming
Puerto Rico
Territories |
Allocation Percentages
--1.80
--1.20
--1.43
--1.42
--9.17
--1.27
--1.74
--0.39
--0.52
--4.04
--2.92
--0.54
--0.70
--3.88
--2.18
--1.27
--1.13
--1.53
--1.52
--0.65
--1.68
--4.11
--2.75
--1.69
--1.11
--2.28
--0.93
--0.79
--0.69
--0.48
--2.86
--1.02
--5.35
--2.62
--0.64
--3.64
--1.36
--1.23
--4.93
--0.56
--1.42
--0.69
--2.00
--6.21
--0.73
--0.43
--2.28
--2.05
--1.15
--1.90
--0.65
--0.46
--0.01 |
(c) EFFECT OF ALLOCATIONS- Funds distributed to States under subsection (b) shall not
affect calculations to determine allocations to States under section 157 of title 23, United
States Code, and sections 1013(c), 1015(a), and 1015(b) of the Intermodal Surface Transportation
Efficiency Act of 1991 (23 U.S.C. 104 note).
(d) APPLICABILITY OF CHAPTER 1 OF TITLE 23- Notwithstanding any other provision of law,
funds made available to carry out this section shall be available for obligation in the same
manner as if such funds were apportioned under chapter 1 of title 23, United States Code. Such
funds shall be available for obligation for the fiscal year for which such amounts are made
available plus the 3 succeeding fiscal years. Obligation limitations for Federal-aid highways
and highway safety construction programs established by the Intermodal Surface Transportation
Efficiency Act of 1991 and subsequent laws shall apply to obligations made under this section.
(e) SPECIAL RULE FOR URBANIZED AREAS OF OVER 200,000-
(1) GENERAL RULE- The amount determined by application of the percentage determined
under paragraph (2) to funds allocated to a State under this section for a fiscal year shall be
obligated in urbanized areas of the State with an urbanized population of over 200,000 under
section 133(d)(3) of title 23, United States Code.
(2) PERCENTAGE- The percentage referred to in paragraph (1) is the percentage
determined by dividing--
(A) the total amount of the reduction in funds that would have been attributed
under section 133(d)(3) of title 23, United States Code, to urbanized areas of the State with an
urbanized population of over 200,000 for fiscal year 1996 as a result of the application of
section 1003(c) of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat.
1921); by
(B) the total amount of the reduction in authorized funds for fiscal year 1996
that would have been allocated to the State, and that would have been apportioned to the State,
as a result of the application of such section 1003(c).
(f) LIMITATION ON PLANNING EXPENDITURES- One-half of 1 percent of amounts allocated to
each State under this section in any fiscal year may be available for expenditure for the
purpose of carrying out the requirements of section 134 of title 23, United States Code
(relating to transportation planning). One and one-half percent of the amounts allocated to each
State under this section in any fiscal year may be available for expenditure for the purpose of
carrying out activities referred to in section 307(c) of such title.
(g) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated, out of the
highway Trust Fund (other than the Mass Transit Account), to carry out this section
$266,522,436 for fiscal year 1996 and $155,000,000 for fiscal year 1997. Such funds shall not be
subject to an administrative deduction under section 104(a) of title 23, United States Code.
(h) TERRITORIES DEFINED- In this section, the term `territories' means the Virgin Islands,
Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.
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SEC. 203. RESCISSIONS.
(a) RESCISSIONS- Effective on the date of the enactment of this Act and after any
necessary reductions are made under section 1003(c) of the Intermodal Surface Transportation
Efficiency Act of 1991 (105 Stat. 1921), the following unobligated balances available on such
date of enactment, of funds made available for the following provisions are hereby rescinded:
(1) $78,994 made available by section 131(c) of the Surface Transportation Assistance
Act of 1982 (96 Stat. 2120).
(2) $798,701 made available by section 131(j) of the Surface Transportation Assistance
Act of 1982 (96 Stat. 2123).
(3) $942,249 made available by section 149(a)(66) of the Surface Transportation and
Uniform Relocation Assistance Act of 1987 (101 Stat. 185).
(4) $52,834 made available by section 149(a)(95) of the Surface Transportation and
Uniform Relocation Assistance Act of 1987 (101 Stat. 195).
(5) $909,131 made available by section 149(a)(99) of the Surface Transportation and
Uniform Relocation Assistance Act of 1987 (101 Stat. 195).
(6) $797,800 made available by section 149(a)(100) of the Surface Transportation and
Uniform Relocation Assistance Act of 1987 (101 Stat. 195).
(7) $2 made available by
section 149(c)(3) of the Surface Transportation and Uniform Relocation Assistance Act of 1987
(101 Stat. 201).
(8) $24,706,878 made available by section 1012(b)(6) of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 1938).
(9) $15,401,107 made available by section 1003(a)(7) of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 1919).
(10) $113,834,740, or such greater amount as may be necessary to ensure that the
aggregate of amounts rescinded by this subsection and amounts reduced by the amendments made by
subsection (b) is equal to the amount authorized to be appropriated by section 202(g) for fiscal
year 1996, deducted by the Secretary under section 104(a) of title 23, United States Code.
(b) REDUCTIONS IN AUTHORIZED AMOUNTS-
(1) MAGNETIC LEVITATION- Section 1036(d)(1) of the Intermodal Surface Transportation
Efficiency Act of 1991 (105 Stat. 1986) is amended--
(A) in subparagraph (A) by inserting `and' after `1994,';
(B) in subparagraph (A) by striking `, $125,000,000' and all that follows through
`1997'; and
(C) in subparagraph (B) by striking `1996, and 1997' and inserting `and 1996'.
(2) highway SAFETY PROGRAMS- Section 2005(1) of such Act (105 Stat. 2079) is
amended--
(A) by striking `and' the first place it appears and inserting a comma; and
(B) by striking `1996, and 1997' and inserting `and 1996, and $146,000,000 for
fiscal year 1997'.
(3) EFFECTIVE DATE- The amendments made by paragraphs (1) and (2) shall take effect on
the later of the date of the enactment of this Act or as soon as possible after the date on
which authorized funds for fiscal year 1996 are reduced as a result of application of section
1003(c) of such Act .
(c) CONGESTION PRICING PILOT PROGRAM TRANSFERS- After the date on which authorized funds
for fiscal year 1996 are reduced as a result of application of section 1003(c) of the Intermodal
Surface Transportation Efficiency Act of 1991, the amounts made available for fiscal years
1996 and 1997 to carry out section 1012(b) of the Intermodal Surface Transportation Efficiency
Act of 1991 (105 Stat. 1938) shall be available to carry out projects under section 202 of this
Act .
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SEC. 204. STATE UNOBLIGATED BALANCE FLEXIBILITY.
(a) REDUCTION IN FEDERAL FUNDING-
(1) NOTIFICATION OF STATES- On the date of the enactment of this Act , or as soon as
possible thereafter, the Secretary shall notify each State of the total amount of the reduction
in authorized funds for fiscal year 1996 that would have been allocated to such State, and that
would have been apportioned to such State, as a result of application of section 1003(c) of the
Intermodal Surface Transportation Efficiency Act of 1991.
(2) EXCLUSION OF CERTAIN FUNDING- In determining the amount of any reduction under
paragraph (1), the Secretary shall deduct the amount allocated to each State in fiscal year 1996
to carry out projects under section 202 of this Act .
(b) UNOBLIGATED BALANCE FLEXIBILITY- Upon request of a State, the Secretary shall make
available to carry out projects eligible for assistance under chapter 1 of title 23, United
States Code, in fiscal year 1996 an amount not to exceed the amount determined under subsection
(a) for the State. Such funds shall be made available from authorized funds that were allocated
or apportioned to such State and were not obligated as of September 30, 1995. The State shall
designate on or before the 30th day following the date of the enactment of this Act , or as
soon as possible thereafter, which of such authorized funds are to be made available under this
section to carry out such projects. The Secretary shall make available, before the 45th day
following such date of enactment or as soon as possible thereafter, funds designated under the
preceding sentence to the State.
(c) SPECIAL RULES-
(1) URBANIZED AREAS OF OVER 200,000- Funds that were apportioned to the State under
section 104(b)(3) of title 23, United States Code, and attributed to urbanized areas of a State
with an urbanized population of over 200,000 under section 133(d)(3) of such title may be
designated by the State under subsection (b) only if the metropolitan planning organization
designated for such area concurs, in writing, with such designation.
(2) CONGESTION MITIGATION AND AIR QUALITY AND SURFACE TRANSPORTATION PROGRAM
TRANSPORTATION ENHANCEMENT ACTIVITIES BALANCES-
(A) IN GENERAL- Except as provided in subparagraph (B), States may not designate
under subsection (b) CMAQ and STP transportation enhancement funds.
(B) EXCEPTION FOR INSUFFICIENT FUNDING AVAILABILITY- If the Secretary determines--
(i) that there is not sufficient funding available to pay the Federal share of
the cost of a project in fiscal year 1996 from funds apportioned or allocated to a State under
title 23, United States Code, and title I of the Intermodal Surface Transportation Efficiency
Act of 1991 and available for carrying out projects of the same category as such project, and
(ii) that the State has utilized all flexibility and transferability available
to it under title 23, United States Code, and this section with respect to such project,
the State may designate in fiscal year 1996 under subsection (b) CMAQ and STP
transportation enhancement funds apportioned or allocated to the State and not obligated as of
the date of the enactment of this Act to carry out such project.
(C) CMAQ AND STP TRANSPORTATION ENHANCEMENT FUNDS DEFINED- In this paragraph, the
term `CMAQ and STP transportation enhancement funds' means--
(i) funds apportioned under section 104(b)(2) of title 23, United States Code;
and
(ii) funds apportioned under section 104(b)(3) of such title and available
only for transportation enhancement activities under section 133(d)(3) of such title.
(3) INTERSTATE CONSTRUCTION BALANCES- A State may not designate under subsection (b)
more than 1/3 of funds apportioned or allocated to the State for interstate construction and
not obligated as of the date of the enactment of this Act .
(d) APPLICABILITY OF CHAPTER 1 OF TITLE 23- Notwithstanding any other provision of law,
amounts designated under subsection (b) shall be made available for obligation in the same
manner as if such funds were apportioned under chapter 1 of title 23, United States Code. Such
amounts shall be available for obligation for the same period for which such amounts were
originally made available for obligation. Obligation limitations for Federal-aid highways and
highway safety construction programs established by the Intermodal Surface Transportation
Efficiency Act of 1991 and subsequent laws shall apply to obligations made under this section.
(e) LIMITATION ON STATUTORY CONSTRUCTION- Nothing in this section shall be construed to
affect calculations under section 157 of title 23, United States Code, and sections 1002(e),
1013(c), 1015(a), and 1015(b) of the Intermodal Surface Transportation Efficiency Act of 1991.
(f) STATE- In this section and section 202, the term `State' has the meaning such term has
under section 401 of title 23, United States Code.
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SEC. 205. RELIEF FROM MANDATES.
(a) SUSPENSION OF MANAGEMENT SYSTEMS- Section 303 of title 23, United States Code, is
amended--
(1) by striking subsection (c) and inserting the following:
`(c) STATE ELECTION- A State may elect, at any time, not to implement, in whole or in
part, 1 or more of the management systems required under this section. The Secretary may not
impose any sanction on, or withhold any benefit from, a State on the basis of such an
election.'; and
(A) by striking `(f) ANNUAL REPORT- Not' and inserting the following:
`(1) ANNUAL REPORTS- Not';
(B) by moving the remainder of the text of paragraph (1), as designated by
subparagraph (A) of this paragraph, 2 ems to the right; and
(C) by adding at the end the following:
`(2) REPORT ON IMPLEMENTATION- Not later than October 1, 1996, the Comptroller
General, in consultation with States, shall transmit to Congress a report on the management
systems under this section, including recommendations as to whether, to what extent, and how the
management systems should be implemented.'.
(b) ASPHALT
PAVEMENT CONTAINING RECYCLED RUBBER- Section 1038 of the Intermodal Surface
Transportation Efficiency Act of 1991 (23 U.S.C. 109 note; 105 Stat. 1987-1990) is amended by
striking subsection (d).
(1) PLACEMENT AND MODIFICATION OF SIGNS- The Secretary shall not require the States to
expend any Federal or State funds to construct, erect, or otherwise place or to modify any sign
relating to a speed limit, distance, or other measurement on a highway for the purpose of
having such sign establish such speed limit, distance, or other measurement using the metric
system.
(2) OTHER ACTIONS- Before September 30, 2000, the Secretary shall not require that any
State use or plan to use the metric system with respect to designing or advertising, or
preparing plans, specifications, estimates, or other documents, for a Federal-aid highway
project eligible for assistance under title 23, United States Code.
(3) DEFINITIONS- In this subsection, the following definitions apply:
(A) highway - The term `highway' has the meaning such term has under section 101
of title 23, United States Code.
(B) METRIC SYSTEM- The term `metric system' has the meaning the term `metric
system of measurement' has under section 4 of the Metric Conversion Act of 1975 (15 U.S.C.
205c).
(d) REPEAL OF NATIONAL MAXIMUM SPEED LIMIT COMPLIANCE PROGRAM-
(1) IN GENERAL- Title 23, United States Code, is amended--
(A) in section 141 by striking subsection (a) and redesignating subsections (b)
through (d) as subsections (a) through (c), respectively; and
(B) by striking section 154.
(2) CONFORMING AMENDMENT- The analysis to chapter 1 of such title is amended by
striking the item relating to section 154.
(3) APPLICABILITY- The amendments made by paragraph (1) shall be applicable to a State
on the 10th day following the date of the enactment of this Act ; except that if the legislature
of a State is not in session on such date of enactment and the chief executive officer of the
State declares, before such 10th day, that the legislature is not in session and that the State
prefers an applicability date for such amendments that is after the date on which the
legislature will convene, such amendments shall be applicable to the State on the 60th day
following the date on which the legislature next convenes.
(e) ELIMINATION OF
PENALTY FOR NONCOMPLIANCE FOR MOTORCYCLE HELMETS- Effective September
30, 1995, section 153(h) of title 23, United States Code, is amended by striking `a law
described in subsection (a)(1) and' each place it appears.
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SEC. 206. DEFINITIONS.
In this title, the following definitions apply:
(1) AUTHORIZED FUNDS- The term `authorized funds' means funds authorized to be
appropriated out of the Highway Trust Fund (other than the Mass Transit Account) to carry out
title 23, United States Code (other than sections 402 and 410) and the Intermodal Surface
Transportation Efficiency Act of 1991 and subject to an obligation limitation.
(2) URBANIZED AREA- The term `urbanized area' has the meaning such term has under
section 101(a) of title 23, United States Code.
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