[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1640 Reported in Senate (RS)]






                                                       Calendar No. 287
108th CONGRESS
  1st Session
                                S. 1640

                          [Report No. 108-154]

 To provide an extension of highway programs funded out of the Highway 
Trust Fund pending enactment of a law reauthorizing the Transportation 
                    Equity Act for the 21st Century.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 22, 2003

   Mr. Inhofe (for himself, Mr. Jeffords, Mr. Bond, Mr. Warner, Mr. 
   Voinovich, Mr. Crapo, Mr. Chafee, Mr. Cornyn, Ms. Murkowski, Mr. 
 Thomas, and Mr. Allard) introduced the following bill; which was read 
  twice and referred to the Committee on Environment and Public Works

                           September 24, 2003

                Reported by Mr. Inhofe, with amendments
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 A BILL


 
 To provide an extension of highway programs funded out of the Highway 
Trust Fund pending enactment of a law reauthorizing the Transportation 
                    Equity Act for the 21st Century.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Transportation Extension Act of 
2003''.

SEC. 2. ADVANCES.

    (a) In General.--The Secretary of Transportation (referred to in 
this Act as the ``Secretary'') shall apportion funds made available 
under section 1101(c) of the Transportation Equity Act for the 21st 
Century (112 Stat. 116), as amended by this Act, to each State in the 
ratio that--
            (1) the total fiscal year 2003 obligation authority of the 
        State for funds apportioned for the Federal-aid highway 
        program; bears to
            (2) the total fiscal year 2003 obligation authority for all 
        States for funds apportioned for the Federal-aid highway 
        program.
    (b) Programmatic Distributions.--
            (1) Programs.--Of the funds apportioned to each State under 
        subsection (a), the Secretary shall ensure that the State is 
        apportioned an amount of the funds, determined under paragraph 
        (2), for each of--
                    (A) the Interstate maintenance program;
                    (B) the National Highway System program;
                    (C) the bridge program;
                    (D) the surface transportation program;
                    (E) the congestion mitigation and air quality 
                improvement program;
                    (F) the recreational trails program;
                    (G) the Appalachian development highway system 
                program; and
                    (H) the minimum guarantee.
            (2) In general.--The amount that each State shall be 
        apportioned under this subsection for each program referred to 
        in paragraph (1) shall be determined by multiplying--
                    (A) the amount apportioned to the State under 
                subsection (a); by
                    (B) the ratio that--
                            (i) the amount of funds apportioned for the 
                        item to the State for fiscal year 2003; bears 
                        to
                            (ii) the total of the amount of funds 
                        apportioned for all items under paragraph (1) 
                        to the State for fiscal year 2003.
            (3) Administration of funds.--
                    (A) In general.--Except as provided in subparagraph 
                (B), funds authorized by the amendment made under 
                subsection (d) shall be administered as if the funds 
                had been apportioned, allocated, deducted, or set 
                aside, as the case may be, under title 23, United 
                States Code.
                    (B) Deductions and set-asides.--The deductions and 
                set-asides in sections 104(a)(1)(A), 104(a)(1)(B), 
                104(b)(1)(A), 104(d)(1), 104(d)(2), 104(f)(1), 
                104(h)(1), 118(c)(1), 140(b), 140(c), and 144(g)(1) of 
                title 23, United States Code, shall not apply to the 
                funds described in subparagraph (A).
            (4) Special rules for minimum guarantee.--In carrying out 
        the minimum guarantee under section 105(c) of title 23, United 
        States Code, with funds apportioned under this section for the 
        minimum guarantee--
                    (A) the $2,800,000,000 set forth in paragraph (1) 
                of that section shall be treated as being 
                $1,166,667,000; and
                    (B) the aggregate of amounts apportioned to the 
                States under this section for the minimum guarantee 
                shall be treated, for the purpose of that section, as 
                amounts made available under section 105.
            (5) Extension of off system bridge set aside.--Section 
        144(g)(3) of title 23, United States Code, is amended in the 
        first sentence by inserting after ``2003'' the following: ``and 
        in the period beginning October 1, 2003, and ending February 
        29, 2004,''.
    (c) Repayment From Future Apportionments.--
            (1) In general.--The Secretary shall reduce the amount that 
        would be apportioned, but for this section, to a State for 
        programs under chapter 1 of title 23, United States Code, for 
        fiscal year 2004, under a law reauthorizing the Federal-aid 
        highway program enacted after the date of enactment of this Act 
        by the amount that is apportioned to each State under 
        subsection (a) and section 5(c) for each such program.
            (2) Program category reconciliation.--The Secretary may 
        establish procedures under which funds apportioned under 
        subsection (a) for a program category for which funds are not 
        authorized under a law described in paragraph (1) may be 
        restored to the Federal-aid highway program.
    (d) Authorization of Contract Authority.--Section 1101 of the 
Transportation Equity Act for the 21st Century (112 Stat. 111) is 
amended by adding at the end the following:
    ``(c) Advance Authorization.--
            ``(1) In general.--There shall be available from the 
        Highway Trust Fund (other than the Mass Transit Account) to 
        carry out section 2(a) of the Transportation Extension Act of 
        2003 <DELETED>$13,570,125,000</DELETED> $13,624,305,000 for the 
        period beginning October 1, 2003, and ending February 29, 2004.
            ``(2) Special rule.--Funds apportioned under section 2(a) 
        of the Transportation Extension Act of 2003 shall be subject to 
        a limitation on obligations for Federal-aid highways and 
        highway safety construction programs.
            ``(3) Contract authority.--Funds made available by this 
        subsection shall be available for obligation in the same manner 
        as if the funds were apportioned under chapter 1 of title 23, 
        United States Code.''.
    (e) Limitation on Obligations.--
            (1) In general.--Subject to paragraph (2), for the period 
        beginning October 1, 2003, and ending February 29, 2004, the 
        Secretary shall allocate to each State for programs funded 
        under this section and sections 3 and 5(c), an amount of 
        obligation authority made available under an Act making 
        appropriations for the Department of Transportation for fiscal 
        year 2004 that is--
                    (A) equal to the greater of--
                            (i) the unobligated balance of the State, 
                        as of October 1, 2003, of Federal-aid highway 
                        apportionments subject to any limitation on 
                        obligations (except that unobligated balances 
                        of contract authority from minimum guarantee 
                        and Appalachian development highway system 
                        apportionments for which obligation authority 
                        was made available until used shall not be 
                        included for the purpose of calculating the 
                        unobligated balance of apportionments of a 
                        State under this clause); or
                            (ii) <DELETED>50 percent</DELETED> \5/12\ 
                        of the total fiscal year 2003 obligation 
                        authority of the State for funds apportioned 
                        for the Federal-aid highway program; but
                    (B) not greater than 75 percent of the total fiscal 
                year 2003 obligation authority of the State for funds 
                apportioned for the Federal-aid highway program.
            (2) Limitation on amount.--
                    (A) In general.--Except as provided in subparagraph 
                (B), the total of all allocations under paragraph (1) 
                and allocations for programs funded under section 4 and 
                5 (other than section 5(c)) shall not exceed 
                $14,771,286,000.
                    (B) Exception.--Paragraph (1) shall not apply to 
                $266,250,000 in obligations for the minimum guarantee 
                for the period beginning October 1, 2003, and ending 
                February 29, 2004.
            (3) Time period for obligations of funds.--A State shall 
        not obligate any funds for any Federal-aid highway program 
        project after February 29, 2004, until the date of enactment of 
        a multiyear law reauthorizing the Federal-aid highway program.
            (4) Treatment of obligations.--Any obligation of an 
        allocation of obligation authority made under this subsection 
        shall be considered to be an obligation for Federal-aid 
        highways and highway safety construction programs for fiscal 
        year 2004 for the purpose of the matter under the heading 
        ``(limitation on obligations)'' under the heading ``FEDERAL-AID 
        HIGHWAYS'' in an Act making appropriations for the Department 
        of Transportation for fiscal year 2004.
    (f) Revenue Aligned Budget Authority.--Section 110 of title 23, 
United States Code, shall not apply to funds apportioned, allocated, 
deducted, or set aside under this Act for the period beginning October 
1, 2003, and ending February 29, 2004.

SEC. 3. TRANSFER OF UNOBLIGATED APPORTIONMENTS.

    (a) In General.--In addition to any other authority of a State to 
transfer funds, for fiscal year 2004, a State may transfer any funds 
apportioned to the State for any program under section 104(b) 
(including amounts apportioned under section 104(b)(3) or set aside, 
made available, or suballocated under section 133(d)) or section 144 of 
title 23, United States Code), before, on, or after the date of 
enactment of this Act, that are subject to any limitation on 
obligations, and that are not obligated, to any other of those 
programs.
    (b) Treatment of Transferred Funds.--
            (1) In general.--Except as provided in paragraph (2), any 
        funds of a program described in subsection (a) that are 
        transferred to another program described in that subsection 
        shall be subject to the provisions of the program to which the 
        funds are transferred.
            (2) Exception.--Funds of a program described in subsection 
        (a) that are transferred to a program under section 133 (other 
        than subsections (d)(1) and (d)(2)) of title 23, United States 
        Code, shall not be subject to section 133(d) of that title.
    (c) Restoration of Apportionments.--
            (1) In general.--As soon as practicable after the date of 
        enactment of a multiyear law reauthorizing the Federal-aid 
        highway program enacted after the date of enactment of this 
        Act, the Secretary of Transporation shall restore any funds 
        that a State transferred under subsection (a) for any project 
        that was ineligible to receive the funds except by operation of 
        this section to the program category from which the funds were 
        transferred.
            (2) Program category reconciliation.--The Secretary may 
        establish procedures under which funds transferred under 
        subsection (a) from a program category for which funds are not 
        authorized may be restored to the Federal-aid highway program.
            (3) Limitation on statutory construction.--No provision of 
        law, except a statute enacted after the date of enactment of 
        this Act that expressly limits the application of this 
        subsection, shall impair the authority of the Secretary to 
restore funds in accordance with this subsection.
    (d) Guidance.--The Secretary may issue guidance for use in carrying 
out this section.

SEC. 4. ADMINISTRATIVE EXPENSES.

    (a) Authorization of Contract Authority.--There shall be available 
from the Highway Trust Fund (other than the Mass Transit Account) for 
administrative expenses of the Federal-aid highway program $187,500,000 
for fiscal year 2004.
    (b) Contract Authority.--Funds made available by this section 
shall--
            (1) be available for obligation in the same manner as if 
        the funds were apportioned under chapter 1 of title 23, United 
        States Code;
            (2) be subject to a limitation on obligations for Federal-
        aid highways and highway safety construction programs; and
            (3) remain available until expended.

SEC. 5. OTHER FEDERAL-AID HIGHWAY PROGRAMS

    (a) Authorization of Appropriations Under Title I of TEA-21.--
            (1) Federal lands highways.--
                    (A) Indian reservation roads.--Section 
                1101(a)(8)(A) of the Transporation Equity Act for the 
                21st Century (112 Stat. 112) is amended by inserting 
                before the period at the end the following: ``and 
                $114,583,000 for the period beginning October 1, 2003, 
                and ending February 29, 2004 (except that the minimum 
                amount made available for that period that the 
                Secretary, in cooperation with the Secretary of the 
                Interior, shall reserve for Indian reservation road 
                bridges under section 202(d)(4) of title 23, United 
                States Code, shall be $5,416,000 instead of 
                $13,000,000)''.
                    (B) Public lands highways.--Section 1101(a)(8)(B) 
                of the Transportation Equity Act for the 21st Century 
                (112 Stat. 112) is amended by inserting before the 
                period at the end the following: ``and $102,500,000 for 
                the period beginning October 1, 2003, and ending 
                February 29, 2004.''
                    (C) Park roads and parkways.--Section 1101(a)(8)(C) 
                of the Transportation Equity Act for the 21st Century 
                (112 Stat. 112) is amended by inserting before the 
                period at the end the following: ``and $68,750,000 for 
                the period beginning October 1, 2003, and ending 
                February 29, 2004''.
                    (D) Refuge roads.--Section 1101(a)(8)(D) of the 
                Transportation Equity Act for the 21st Century (112 
                Stat. 112) is amended by inserting before the period at 
                the end the following: ``and $8,333,000 for the period 
                beginning October 1, 2003, and ending February 29, 
                2004''.
            (2) National corridor planning and development and 
        coordinated border infrastructure programs.--Section 1101(a)(9) 
        of the Transportation Equity Act for the 21st Century (112 
        Stat. 112) is amended by inserting before the period at the end 
        the following: ``and $58,333,000 for the period beginning 
        October 1, 2003, and ending February 29, 2004''.
            (3) Construction of ferry boats and ferry terminal 
        facilities.--
                    (A) In general.--Section 1101(a)(10) of the 
                Transportation Equity Act for the 21st Century (112 
                Stat. 112) is amended by striking ``for each of fiscal 
                year 1998'' and all that follows and inserting ``for 
                fiscal year 1998, $38,000,000 for each of fiscal years 
                1999 through 2003, and $15,833,000 for the period 
                beginning October 1, 2003, and ending February 29, 
                2004''.
                    (B) Set aside for alaska, new jersey, and 
                washington.--To carry out section 1064 of the 
                Intermodal Surface Transportation Efficiency Act of 
                1991 (23 U.S.C. 129 note; 105 Stat. 2005; 112 Stat. 
                185), of funds made available by the amendment made by 
                subparagraph (A)--
                            (i) $4,166,000 shall be available to carry 
                        out section 1064(d)(2) of that Act;
                            (ii) $2,083,000 shall be available to carry 
                        out section 1064(d)(3) of that Act; and
                            (iii) $2,083,000 shall be available to 
                        carry out section 1064(d)(4) of that Act.
            (4) National scenic byways program.--Section 1101(a)(11) of 
        the Transporation Equity Act for the 21st Century (112 Stat. 
        113) is amended--
                    (A) by striking ``and'' the last place it appears; 
                and
                    (B) by inserting before the period at the end the 
                following: ``, and $11,041,000 for the period beginning 
                October 1, 2003, and ending February 29, 2004''.
            (5) Value pricing pilot program.--Section 1101(a)(12) of 
        the Transportation Equity Act for the 21st Century (112 Stat. 
        113) is amended--
                    (A) by striking ``and''; and
                    (B) by inserting before the period at the end the 
                following: ``, and $4,583,000 for the period of October 
                1, 2003, through February 29, 2004''.
            (6) Highway use tax evasion projects.--Section 1101(a)(14) 
        of the Transportation Equity Act for the 21st Century (112 
        Stat. 113) is amended by inserting before the period at the end 
        the following: ``, and $2,083,000 for the period beginning 
        October 1, 2003, and ending February 29, 2004''.
            (7) Commonwealth of puerto rico highway program.--
                    (A) In general.--Section 1101(a)(15) of the 
                Transportation Equity Act for the 21st Century (112 
                Stat. 113) is amended by inserting before the period at 
                the end the following: `` and $45,833,000 for the 
                period beginning October 1, 2003, and ending February 
                29, 2004''.
                    (B) Conforming amendment.--Section 1214(r)(1) of 
                the Transportation Equity Act for the 21st Century (112 
                Stat. 209) is amended by striking ``2003'' and 
                inserting ``2004''.
            (8) Transportation and community and system preservation 
        pilot program.--Section 1221(e)(1) of the Transportation Equity 
        Act for the 21st Century (23 U.S.C. 101 note; 112 Stat. 223) is 
        amended--
                    (A) by striking ``1999 and'' and inserting 
                ``1999,''; and
                    (B) by inserting before the period at the end the 
                following: `` and $10,416,000 for the period beginning 
                October 1, 2003, and ending February 29, 2004''.
        <DELETED>    (9) Transportation infrastructure finance and 
        innovation.--Section 188 of title 23, United States Code, is 
        amended--</DELETED>
                <DELETED>    (A) in subsection (a)(1)--</DELETED>
                        <DELETED>    (i) in subparagraph (D), by 
                        striking ``and'' at the end;</DELETED>
                        <DELETED>    (ii) in subparagraph (E), by 
                        striking the period at the end and inserting 
                        ``; and''; and</DELETED>
                        <DELETED>    (iii) by adding at the end the 
                        following:</DELETED>
                <DELETED>    ``(F) $54,166,000 for the period beginning 
                October 1, 2003, and ending February 29, 
                2004.'';</DELETED>
                <DELETED>    (B) in subsection (a)(2), by inserting 
                after ``2003'' the following: ``and $833,000 for the 
                period beginning October 1, 2003, and ending February 
                29, 2004''; and</DELETED>
                <DELETED>    (C) in subsection (c)--</DELETED>
                        <DELETED>    (i) by striking ``2003'' and 
                        inserting ``2004''; and</DELETED>
                        <DELETED>    (ii) by striking the period at the 
                        end of the table and inserting the 
                        following:</DELETED>

    <DELETED>``2004................
                                        <DELETED>$1,300,000,000.''.
        </DELETED>    (9) Transportation infrastructure finance and 
        innovation.--Section 1101 of the Transportation Equity Act for 
        the 21st Century (112 Stat. 111) (as amended by section 2(d)) 
        is amended by adding at the end the following:
    ``(d) Transportation Infrastructure Finance and Innovation.--
            ``(1) In general.--There shall be available from the 
        Highway Trust Fund (other than the Mass Transit Account) 
        $54,166,000 to the Secretary to carry out the program under 
        subchapter II of chapter 1 of title 23, United States Code, for 
        the period beginning October 1, 2003, and ending February 29, 
        2004.
            ``(2) Administrative costs.--Of the funds made available 
        under paragraph (1), not more than $833,000 shall be available 
        for administrative costs.
            ``(3) Contract authority.--Funds made available by this 
        subsection shall be--
                    ``(A) available for obligation, except as provided 
                in this section, in the same manner as if the funds 
                were made available under section 188 of title 23, 
                United States Code; and
                    ``(B) subject to any limitation on obligations for 
                Federal-aid highways and highway safety construction 
                programs.
            ``(4) Limitation on credit amounts.--For the period 
        beginning October 1, 2003, and ending February 29, 2004, 
        principal amounts of Federal credit instruments made available 
        under subchapter II of chapter 1 of title 23, United States 
        Code, shall be limited to $1,300,000,000.''.
    (b) Reauthorization of Appropriations Under Title V of TEA-21.--
            (1) Surface transportation research.--Section 5001(a)(1) of 
        the Transportation Equity Act for the 21st Century (112 Stat. 
        419) is amended--
                    (A) by striking ``2002, and'' and inserting 
                ``2002,''; and
                    (B) by inserting after ``2003'' the following: 
                ``and $42,916,000 for the period beginning October 1, 
                2003, and ending February 29, 2004''.
            (2) Technology deployment program.--Section 5001(a)(2) of 
        the Transportation Equity Act for the 21st Century (112 Stat. 
        419) is amended--
                    (A) by striking ``2002, and'' and inserting 
                ``2002,''; and
                    (B) by inserting after ``2003'' the following: 
                ``and $20,833,000 for the period beginning October 1, 
                2003, and ending February 29, 2004''.
            (3) Training and education.--Section 5001(a)(3) of the 
        Transportation Equity Act for the 21st Century (112 Stat. 420) 
        is amended--
                    (A) by striking ``2002, and'' and inserting 
                ``2002,''; and
                    (B) by inserting after ``2003'' the following: 
                ``and $8,333,000 for the period beginning October 1, 
                2003, and ending February 29, 2004''.
            (4) Bureau of transportation statistics.--Section 
        5001(a)(4) of the Transportation Equity Act for the 21st 
        Century (112 Stat. 420) is amended by inserting before the 
        period at the end the following: ``, and $12,916,000 for the 
        period beginning October 1, 2003, and ending February 29, 
        2004''.
            (5) ITS standards, research, operational, tests, and 
        development.--Section 5001(a)(5) of the Transportation Equity 
        Act for the 21st Century (112 Stat. 420) is amended--
                    (A) by striking ``2002, and'' and inserting 
                ``2002,''; and
                    (B) by inserting after ``2003'' the following: ``, 
                and $45,833,000 for the period beginning October 1, 
                2003, and ending February 29, 2004''.
            (6) ITS deployment.--Section 5001(a)(6) of the 
        Transportation Equity Act for the 21st Century (112 Stat. 420) 
        is amended--
                    (A) by striking ``2002, and'' and inserting 
                ``2002,''; and
                    (B) by inserting after ``2003'' the following: ``, 
                $50,833,000 for the period beginning October 1, 2003, 
and ending February 29, 2004''.
            (7) University transportation research.--Section 5001(a)(7) 
        of the Transportation Equity Act for the 21st Century (112 
        Stat. 420) is amended--
                    (A) by striking ``2002, and '' and inserting 
                ``2002,''; and
                    (B) by inserting after ``2003'' the following: ``, 
                $11,041,000 for the period beginning October 1, 2003, 
                and ending February 29, 2004''.
    (c) Metropolitan Planning.--Section 1101 of the Transportation 
Equity Act for the 21st Century (112 Stat. 111) (as amended by section 
<DELETED>2(d))</DELETED> 5(a)(9) is amended by adding at the end the 
following:
    ``<DELETED>(d)</DELETED> (e) Metropolitan Planning.--
            ``(1) In general.--In lieu of the amount set aside under 
        section 104(f) of title 23, United States Code, there shall be 
        available from the Highway Trust Fund (other than the Mass 
        Transit Account) to carry out section 134 of title 23, United 
        States Code, $81,166,000 for the period beginning October 1, 
        2003, and ending February 29, 2004.
            ``(2) Distribution of funds.--The Secretary shall 
        distribute funds made available by this subsection to the 
        States in accordance with section 104(f)(2) of title 23, United 
        States Code.
            ``(3) Contract authority.--Funds made available by this 
        subsection shall--
                    ``(A) be available for obligation in the same 
                manner as if the funds were apportioned under chapter 1 
                of title 23, United State Code; and
                    ``(B) shall be subject to a limitation on 
                obligations for Federal-aid highways and highway safety 
                construction programs.''.
    (d) Territories.--Section 1101 of the Transportation Equity Act for 
the 21st Century (112 Stat. 111) (as amended by subsection (c)) is 
amended by adding at the end the following:
    ``<DELETED>(e)</DELETED> (f) Territories.--
            ``(1) In general.--In lieu of the amounts deducted under 
        section 104(b)(1) of title 23, United States Code, there shall 
        be available from the Highway Trust Fund (other than the Mass 
        Transit Account) for the Virgin Islands, Guam, American Samoa, 
        and the Commonwealth of the Northern Mariana Islands 
        $15,166,000 for the period beginning October 1, 2003, and 
        ending February 29, 2004.
            ``(2) Contract Authority.--Funds made available by this 
        subsection shall--
                    ``(A) be available for obligation in the same 
                manner as if the funds were apportioned under chapter 1 
                of title 23, United States Code; and
                    ``(B) shall be subject to a limitation on 
                obligations for Federal-aid highways and highway safety 
                construction programs.''.
    (e) Operation Lifesaver.--Section 1101 of the Transportation Equity 
Act for the 21st Century (112 Stat. 111) (as amended by subsection (d)) 
is amended by adding at the end the following:
    ``<DELETED>(f)</DELETED> (g) Operation Lifesaver.--
            ``(1) In general.--In lieu of the amount set aside under 
        section 104(d)(1) of title 23, United States Code, there shall 
        be available from the Highway Trust Fund (other than the Mass 
        Transit Account) to carry out the operation lifesaver program 
        under that section $208,000 for the period beginning October 1, 
        2003, and ending February 29, 2004.
            ``(2) Contract authority.--Funds made available by this 
        subsection shall--
                    ``(A) be available for obligation in the same 
                manner as if the funds were apportioned under chapter 1 
                of title 23, United States Code; and
                    ``(B) shall be subject to a limitation on 
                obligations for Federal-aid highways and highway safety 
                construction programs.''.
    (f) Bridge Discretionary Program.--Section 1101 of the 
Transportation Equity Act for the 21st Century (112 Stat. 111) (as 
amended by subsection (e)) is amended by adding at the end the 
following:
    ``<DELETED>(g)</DELETED> (h) Bridge Discretionary Program.--
            ``(1) In general.--There shall be available from the 
        Highway Trust Fund (other than the Mass Transit Account) 
        $41,666,000 to the Secretary for use at the discretion of the 
        Secretary in carrying out section 144(g) of title 23, United 
        States Code, for the period beginning October 1, 2003, and 
        ending February 29, 2004.
            ``(2) Contract authority.--Funds made available by this 
        subsection shall--
                    ``(A) be available for obligation in the same 
                manner as if the funds were apportioned under chapter 1 
                of title 23, United States Code; and
                    ``(B) shall be subject to a limitation on 
                obligations for Federal-aid highways and highway safety 
                construction programs.''.
    (g) Interstate Maintenance.--Section 1101 of the Transportation 
Equity Act for the 21st Century (112 Stat. 111) (as amended by 
subsection (f)) is amended by adding at the end the following:
    ``<DELETED>(h)</DELETED> (i) Interstate Maintenance.--
            ``(1) In general.--There shall be available from the 
        Highway Trust Fund (other than the Mass Transit Account) 
        $41,666,000 to the Secretary to carry out projects described in 
        section 118(c)(1) of title 23, United States Code, for the 
        period beginning October 1, 2003, and ending February 29, 2004.
            ``(2) Project selection criteria.--The project selection 
        criteria in section 118(c)(2) of title 23, United States Code, 
        shall apply to amounts made available by this subsection.
            ``(3) Contract authority.--Funds made available by this 
        subsection shall--
                    ``(A) be available for obligation in the same 
                manner as if the funds were apportioned under chapter 1 
                of title 23, United States Code;
                    ``(B) be subject to a limitation on obligations for 
                Federal-aid highways and highway safety construction 
                programs; and
                    ``(C) remain available until expended.''.
    (h) Recreational Trails Administrative Costs.--Section 1101 of the 
Transportation Equity Act for the 21st Century (112 Stat. 111) (as 
amended by subsection (g)) is amended by adding at the end the 
following:
    ``<DELETED>(i)</DELETED> (j) Recreational Trails Administrative 
Costs.--
            ``(1) In general.--In lieu of the amount to be deducted 
        under section 104(h)(1) of title 23, United States Code, there 
        shall be available from the Highway Trust Fund (other than the 
        Mass Transit Account) to the Secretary to pay costs incurred by 
        the Secretary described in that section $312,000 for the period 
        beginning October 1, 2003, and ending February 29, 2004.
            ``(2) Contract authority.--Funds made available by this 
        subsection shall--
                    ``(A) be available for obligation in the same 
                manner as if the funds were apportioned under chapter 1 
                of title 23, United States Code; and
                    ``(B) shall be subject to a limitation on 
                obligations for Federal-aid highways and highway safety 
                construction programs.''.
    (i) Railway-Highway Crossing Hazard Eliminations in High Speed Rail 
Corridors.--Section 1101 of the Transportation Equity Act for the 21st 
Century (112 Stat. 111) (as amended by subsection (h)) is amended by 
adding at the end the following:
    ``<DELETED>(j)</DELETED> (k) Railway-Highway Crossing Hazard 
Eliminations in High Speed Rail Corridors.--
            ``(1) Funding.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), in lieu of the amount to be set aside 
                under section 104(d)(2) of title 23, United States 
                Code, there shall be available from the Highway Trust 
                Fund (other than the Mass Transit Account) to the 
                Secretary for elimination of hazards of railway-highway 
                crossings in accordance with that section $2,187,000 
                for the period beginning October 1, 2003, and ending 
                February 29, 2004.
                    ``(B) Exception.--Not less than $104,000 (instead 
                of $250,000) shall be available for the period 
                beginning October 1, 2003, and ending February 29, 
                2004, for eligible improvements described in section 
                104(d)(2)(E) of title 23, United States Code.
            ``(2) Contract authority.--Funds made available by this 
        subsection shall--
                    ``(A) be available for obligation in the same 
                manner as if the funds were apportioned under chapter 1 
                of title 23, United States Code; and
                    ``(B) be subject to a limitation on obligations for 
                Federal-aid highways and highway safety construction 
                programs.''.
    (j) Seat Belt Safety Incentive Grants.--
            (1) In general.--Section 157 of title 23, United States 
        Code, is amended--
                    (A) in subsection (a)--
                            (i) in paragraph (3), by striking ``2001'' 
                        and inserting ``2002''; and
                            (ii) in paragraph (8)(B), by striking 
                        ``2001'' and inserting ``2002'';
                    (B) in subsection (b), by striking ``2002'' and 
                inserting ``2003'';
                    (C) in subsection (c), by striking ``2002'' each 
                place it appears and inserting ``2003'';
                    (D) in subsection (f)(4), by striking ``2002'' and 
                inserting ``2003'';
                    (E) in subsection (g)(3)(B)--
                            (i) in the subparagraph heading, by 
                        striking ``2003'' and inserting ``2004''; and
                            (ii) by striking ``2003'' and inserting 
                        ``2004''.
            (2) Authorization.--Section 1101 of the Transportation 
        Equity Act for the 21st Century (112 Stat. 111) (as amended by 
        subsection (i)), is amended by adding at the end the following:
    ``<DELETED>(k)</DELETED> (l) Seat Belt Safety Incentive Grants.--
            ``(1) Authorization.--There shall be available from the 
        Highway Trust Fund (other than the Mass Transit Account) to 
        carry out section 157 of title 23, United States Code, 
        $46,666,000 for the period beginning October 1, 2003, and 
        ending February 29, 2004.
            ``(2) Contract authority.--Funds made available by this 
        subsection shall--
                    ``(A) be available for obligation in the same 
                manner as if the funds were apportioned under chapter 1 
                of title 23, United States Code; and
                    ``(B) be subject to a limitation on obligations for 
                Federal-aid highways and highway safety construction 
                <DELETED>programs.''.</DELETED> programs.
            ``(3) Use of funds.--The Secretary may use amounts made 
        available under this subsection to make innovative project 
        allocations, not to exceed the amounts of such allocations made 
        for fiscal year 2003, before making incentive grants for use of 
        seat belts.''.
    (k) Prevention of Intoxicated Driver Incentive Grants.--Section 
1101 of the Transportation Equity Act for the 21st Century (112 Stat. 
111) (as amended by subsection (j)), is amended by adding at the end 
the following:
    ``<DELETED>(l)</DELETED> (m) Prevention of Intoxicated Driver 
Incentive Grants.--
            ``(1) Authorization.--There shall be available from the 
        Highway Trust Fund (other than the Mass Transit Account) to 
        carry out section 163 of title 23, United States Code, 
        $45,833,000 for the period beginning October 1, 2003, and 
        ending February 29, 2004.
            ``(2) Contract authority.--Funds made available by this 
        subsection shall--
                    ``(A) be available for obligation in the same 
                manner as if the funds were apportioned under chapter 1 
                of title 23, United States Code;
                    ``(B) be subject to a limitation on obligations for 
                Federal-aid highways and highway safety construction 
                programs; and
                    ``(C) remain available until <DELETED>expended.''.</DELETED> 
                expended.
            ``(3) Use of funds.--
                    ``(A) In general.--The amounts made available under 
                this subsection shall be used to support national 
                mobilizations that target impaired drivers, in 
                cooperation with the State and nonprofit safety 
                organizations that have been active participants in 
                such mobilizations.
                    ``(B) Projects.--Support under subparagraph (A) 
                shall include--
                            ``(i) impaired driving enforcement grants;
                            ``(ii) broadcast advertising to be used as 
                        directed by the Secretary;
                            ``(iii) evaluation of the activities 
                        described in clauses (i) and (ii); and
                            ``(iv) a demonstration project to test new 
                        strategies or improvements in strategies in 
                        States in which the largest gains in reducing 
                        alcohol-related fatalities can be made, as 
                        determined by the Secretary.''.
    (l) Nondiscrimination.--Section 1101 of the Transportation Equity 
Act for the 21st Century (112 Stat. 111) (as amended by subsection (k)) 
is amended by adding at the end the following:
    ``<DELETED>(m)</DELETED> (n) Nondiscrimination.--
            ``(1) Skills training.--In lieu of the amount to be 
        deducted under section 140(b) of title 23, United States Code, 
        there shall be available from the Highway Trust Fund (other 
        than the Mass Transit Account) to the Secretary for the 
        administration of that section $4,166,000 for the period 
        beginning October 1, 2003, and ending February 29, 2004.
            ``(2) On-the-job training.--In lieu of the amount to be 
        deducted under section 140(c) of title 23, United States Code, 
        there shall be available from the Highway Trust Fund (other 
        than the Mass Transit Account) to the Secretary for the 
        administration of that section $4,166,000 for the period 
        beginning October 1, 2003, and ending February 29, 2004.
            ``(3) Contract authority.--Funds made available by this 
        subsection shall--
                    ``(A) be available for obligation in the same 
                manner as if the funds were apportioned under chapter 1 
                of title 23, United States Code;
                    ``(B) be subject to a limitation on obligations for 
                Federal-aid highways and highway safety construction 
                programs; and
                    ``(C) remain available until expended.''.
    (m) Administration of Funds.--Funds authorized by the amendments 
made by this section shall be administered as if the funds had been 
apportioned, allocated, deducted, or set aside, as the case may be, 
under title 23, United States Code (except that the deductions under 
sections 104(a)(1)(A) and 104(a)(1)(B) of title 23, United States Code, 
shall not apply to funds made available by the amendment made by 
subsection (a)(1)).
    (n) Reduction of Allocated Programs.--The Secretary shall reduce 
the amount that would be made available, but for this section, for 
fiscal year 2004 for allocation under a program, that is continued both 
by a law reauthorizing the program enacted after the date of enactment 
of this Act and by this section, by the amount made available for the 
program by this section.
    (o) Program Category Reconciliation.--The Secretary may establish 
procedures under which funds allocated under this section for fiscal 
year 2004 for a program category for which funds are not authorized for 
fiscal year 2004 under a multiyear law reauthorizing the Federal-aid 
highway program enacted after the date of enactment of this Act may be 
restored to the Federal-aid highway program.
<DELETED>    (p) Transportation Infrastructure Finance and 
Innovation.--Section 1101 of the Transportation Equity Act for the 21st 
Century (112 Stat. 111) (as amended by subsection (l)) is amended by 
adding at the end the following:</DELETED>
<DELETED>    ``(n) Transportation Infrastructure Finance and 
Innovation.--</DELETED>
        <DELETED>    ``(1) In general.--There shall be available from 
        the Highway Trust Fund (other than the Mass Transit Account) 
        $54,166,000 to the Secretary to carry out the program under 
        subchapter II of chapter 1 of title 23, United States Code, for 
        the period beginning October 1, 2003, and ending February 29, 
        2004.</DELETED>
        <DELETED>    ``(2) Administrative costs.--Of the funds made 
        available under paragraph (1), not more than $833,000 shall be 
        available for administrative costs.</DELETED>
        <DELETED>    ``(3) Contract authority.--Funds made available by 
        this subsection shall be--</DELETED>
                <DELETED>    ``(A) available for obligation, except as 
                provided in this section, in the same manner as if the 
                funds were made available under section 188 of title 
                23, United States Code; and</DELETED>
                <DELETED>    ``(B) subject to any limitation on 
                obligations for Federal-aid highways and highway safety 
                construction programs.</DELETED>
        <DELETED>    ``(4) Limitation on credit amounts.--For the 
        period beginning October 1, 2003, and ending February 29, 2004, 
        principal amounts of Federal credit instruments made available 
        under subchapter II of chapter 1 of title 23, United States 
        Code, shall be limited to $1,300,000,000.''.</DELETED>

SEC. 6. SPORT FISHING AND BOATING SAFETY.

    (a) Funding for National Outreach and Communications Program.--
Section 4(c) of the Dingell-Johnson Sport Fish Restoration Act (16 
U.S.C. 777c(c)) is amended--
            (1) in paragraph (4), by striking ``and'' at the end;
            (2) in paragraph (5), by inserting ``and'' after the 
        semicolon at the end; and
            (3) by inserting after paragraph (5) the following:
            ``(6) $4,166,000 for the period beginning October 1, 2003, 
        and ending February 29, 2004;''.
    (b) Clean Vessel Act Funding.--Section 4(b) of the Dingell-Johnson 
Sport Fish Restoration Act (16 U.S.C. 777c(b)) is amended--
            (1) by redesignating paragraph (4) as paragraph (5); and
            (2) by inserting after paragraph (3) the following:
            ``(4) First half of fiscal year 2004.--For the period 
        beginning October 1, 2003, and ending February 29, 2004, of the 
        balance of each annual appropriation remaining after making the 
        distribution under subsection (a), an amount equal to 
        $34,166,000, reduced by 82 percent of the amount appropriated 
        for that fiscal year from the Boat Safety Account of the 
        Aquatic Resources Trust Fund established by section 9504 of the 
        Internal Revenue Code of 1986 to carry out the purposes of 
        section 13106(a) of title 46, United States Code, shall be used 
        as follows:
                    ``(A) $4,166,000 shall be available to the 
                Secretary of the Interior for 3 fiscal years for 
                obligation for qualified projects under section 5604(c) 
                of the Clean Vessel Act of 1992 (33 U.S.C. 1322 note).
                    ``(B) $3,333,000 shall be available to the 
                Secretary of the Interior for 3 fiscal years for 
                obligation for qualified projects under section 7404(d) 
                of the Sportfishing and Boating Safety Act of 1998 (16 
                U.S.C. 777g-1(d)).
                    ``(C) The balance remaining after the application 
                of subparagraphs (A) and (B) shall be--
                            ``(i) transferred to the Secretary of 
                        Transportation; and
                            ``(ii) expended for State recreational 
                        boating safety programs under section 13106 of 
                        title 46, United States Code.''.
<DELETED>    (c) Boat Safety Funds.--Section 13106 of title 46, United 
States Code, is amended by striking subsection (c) and inserting the 
following:</DELETED>
<DELETED>    ``(c) Boating Safety Funds.--</DELETED>
        <DELETED>    ``(1) In general.--Of the amount transferred to 
        the Secretary of Transportation under paragraph (4) of section 
        4(b) of the Dingell-Johnson Sport Fish Restoration Act (16 
        U.S.C. 777c(b)), $2,083,000 is available to the Secretary for 
        payment of expenses of the Coast Guard for personnel and 
        activities directly related to coordinating and carrying out 
        the national recreational boating safety program under this 
        title, of which $833,000 shall be available to the Secretary 
        only to ensure compliance with chapter 43 of this 
        title.</DELETED>
        <DELETED>    ``(2) Use of funds.--No funds available to the 
        Secretary of Transportation under this subsection may be used--
        </DELETED>
                <DELETED>    ``(A) to replace funding traditionally 
                provided through general appropriations; or</DELETED>
                <DELETED>    ``(B) for any purposes except a purpose 
                authorized by this section.</DELETED>
        <DELETED>    ``(3) Availability of funds.--Amounts made 
        available by this subsection shall remain available until 
        expended.</DELETED>
        <DELETED>    ``(4) Accounting.--The Secretary shall publish 
        annually in the Federal Register a detailed accounting of the 
        projects, programs, and activities funded under this 
        subsection.''.</DELETED>




                                             </DELETED>Calendar No. 287

108th CONGRESS

  1st Session

                                S. 1640

                          [Report No. 108-154]

_______________________________________________________________________

                                 A BILL

 To provide an extension of highway programs funded out of the Highway 
Trust Fund pending enactment of a law reauthorizing the Transportation 
                    Equity Act for the 21st Century.

_______________________________________________________________________

                           September 24, 2003

                        Reported with amendments