[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1498 Placed on Calendar Senate (PCS)]

                                                       Calendar No. 126
111th CONGRESS
  1st Session
                                S. 1498

                          [Report No. 111-59]

To provide an extension of highway programs authorized under the Safe, 
 Accountable, Flexible, Efficient Transportation Equity Act: A Legacy 
                               for Users.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 22, 2009

    Mrs. Boxer, from the Committee on Environment and Public Works, 
 reported the following original bill; which was read twice and placed 
                            on the calendar

_______________________________________________________________________

                                 A BILL


 
To provide an extension of highway programs authorized under the Safe, 
 Accountable, Flexible, Efficient Transportation Equity Act: A Legacy 
                               for Users.

    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 ``Surface Transportation Extension Act 
of 2009''.

SEC. 2. FEDERAL-AID HIGHWAYS.

    (a) In General.--Except as provided in this Act, requirements, 
authorities, conditions, eligibilities, limitations, and other 
provisions authorized under titles I, V, and VI of the Safe, 
Accountable, Flexible, Efficient Transportation Equity Act: A Legacy 
for Users (119 Stat. 1144), the SAFETEA-LU Technical Corrections Act of 
2008 (122 Stat. 1572), and title 23, United States Code, which would 
otherwise expire on or cease to apply after September 30, 2009, are 
incorporated by reference and shall continue in effect until March 31, 
2011.
    (b) Authorization of Appropriations.--Except as provided in section 
3, there are authorized to be appropriated out of the Highway Trust 
Fund (other than the Mass Transit Account)--
            (1) for fiscal year 2010, a sum equal to the total amount 
        authorized to be appropriated for programs, projects, and 
        activities for fiscal year 2009 under titles I, V, and VI of 
        the Safe, Accountable, Flexible, Efficient Transportation 
        Equity Act: A Legacy for Users (119 Stat. 1144), and title 23, 
        United States Code; and
            (2) for the period beginning on October 1, 2010, and ending 
        on March 31, 2011, a sum equal to \1/2\ of the total amount 
        authorized for programs, projects, and activities for fiscal 
        year 2009 under titles I, V, and VI of the Safe, Accountable, 
        Flexible, Efficient Transportation Equity Act: A Legacy for 
        Users (119 Stat. 1144), and title 23, United States Code.
    (c) Use of Funds.--
            (1) Fiscal year 2010.--Except as otherwise expressly 
        provided in this Act, funds authorized to be appropriated under 
        subsection (b)(1) for fiscal year 2010 shall be distributed, 
        administered, limited, and made available for obligation in the 
        same manner and at the same level as funds authorized to be 
        appropriated for fiscal year 2009 to carry out programs, 
        projects, activities, eligibilities, and requirements under the 
        Safe, Accountable, Flexible, Efficient Transportation Equity 
        Act: A Legacy for Users (119 Stat. 1144), the SAFETEA-LU 
        Technical Corrections Act of 2008 (122 Stat. 1572), and title 
        23, United States Code.
            (2) Fiscal year 2011.--Except as otherwise expressly 
        provided in this Act, funds authorized to be appropriated under 
        subsection (b)(2) for the period beginning on October 1, 2010, 
        and ending on March 31, 2011, shall be distributed, 
        administered, limited, and made available for obligation in the 
        same manner and at the same level as \1/2\ of the total amount 
        of funds authorized to be appropriated for fiscal year 2009 to 
        carry out programs, projects, activities, eligibilities, and 
        requirements under the Safe, Accountable, Flexible, Efficient 
        Transportation Equity Act: A Legacy for Users (119 Stat. 1144), 
        the SAFETEA-LU Technical Corrections Act of 2008 (122 Stat. 
        1572), and title 23, United States Code.
            (3) Calculation.--The amounts authorized to be appropriated 
        under subsection (b) shall be calculated without regard to any 
        rescission or cancellation of funds or contract authority for 
        fiscal year 2009 under the Safe, Accountable, Flexible, 
        Efficient Transportation Equity Act: A Legacy for Users (119 
        Stat. 1144) or any other law.
            (4) Contract authority.--
                    (A) In general.--Except as provided in subparagraph 
                (B), funds authorized to be appropriated under this 
                section shall be--
                            (i) available for obligation, and shall be 
                        administered, in the same manner as if such 
                        funds were apportioned under chapter 1 of title 
                        23, United States Code; and
                            (ii) subject to a limitation on obligations 
                        for Federal-aid highways and highway safety 
                        construction programs described in paragraph 
                        (5).
                    (B) Exceptions.--A limitation on obligations 
                described in subparagraph (A)(ii) shall not apply to 
                any obligation under--
                            (i) section 125 of title 23, United States 
                        Code; or
                            (ii) section 105 of title 23, United States 
                        Code--
                                    (I) for fiscal year 2010, only in 
                                an amount equal to $639,000,000; and
                                    (II) for the period beginning on 
                                October 1, 2010, and ending on March 
                                31, 2011, only in an amount equal to 
                                $319,500,000.
            (5) Limitation on obligations.--Notwithstanding any other 
        provision of law--
                    (A) for fiscal year 2010, funds authorized to be 
                appropriated under subsection (b) or this subsection 
                shall be subject to the limitation on obligations for 
                fiscal year 2009 under section 1102 of the Safe, 
                Accountable, Flexible, Efficient Transportation Equity 
                Act: A Legacy for Users (119 Stat. 1157); and
                    (B) for the period beginning on October 1, 2010, 
                and ending on March 31, 2011, funds authorized to be 
                appropriated under subsection (b) or this subsection 
                shall be subject to a limitation on obligations equal 
                to \1/2\ of the limitation on obligations for fiscal 
                year 2009 under section 1102 of the Safe, Accountable, 
                Flexible, Efficient Transportation Equity Act: A Legacy 
                for Users (119 Stat. 1157).
    (d) Extension and Flexibility for Certain Allocated Programs.--
            (1) Fiscal year 2010.--Notwithstanding any other provision 
        of law, for fiscal year 2010, the portion of the share of funds 
        of a State under subsection (b)(1) determined by the amount 
        that the State received for fiscal year 2009 to carry out 
        sections 1301, 1302, 1307, 1702, and 1934 of the Safe, 
        Accountable, Flexible, Efficient Transportation Equity Act: A 
        Legacy for Users (119 Stat. 1198, 1204, 1217, 1256, and 1485), 
        and section 144(f)(1) of title 23, United States Code, shall 
        be--
                    (A) made available to the State for programs 
                apportioned under sections 104(b) and 144 of title 23, 
                United States Code, and in the same proportion for each 
                such program that--
                            (i) the amount apportioned to the State for 
                        that program for fiscal year 2009; bears to
                            (ii) the amount apportioned to the State 
                        for fiscal year 2009 for all programs 
                        apportioned under such sections of such Code; 
                        and
                    (B) administered in the same manner and with the 
                same period of availability as such funding is 
                administered under such sections.
            (2) Fiscal year 2011.--Notwithstanding any other provision 
        of law, for the period beginning on October 1, 2010, and ending 
        on March 31, 2011, the portion of the share of funds of a State 
        under subsection (b)(2) determined by \1/2\ of the amount that 
        the State received for fiscal year 2009 to carry out sections 
        1301, 1302, 1307, 1702, and 1934 of the Safe, Accountable, 
        Flexible, Efficient Transportation Equity Act: A Legacy for 
        Users (119 Stat. 1198, 1204, 1217, 1256, and 1485) and section 
        144(f)(1) of title 23, United States Code, shall be--
                    (A) made available to the State for programs 
                apportioned under sections 104(b) and 144 of title 23, 
                United States Code, and in the same proportion for each 
                such program that--
                            (i) the amount apportioned to the State for 
                        that program for fiscal year 2009; bears to
                            (ii) the amount apportioned to the State 
                        for fiscal year 2009 for all programs 
                        apportioned under such sections of such Code; 
                        and
                    (B) administered in the same manner and with the 
                same period of availability as such funding is 
                administered under such sections.
            (3) Additional funds.--
                    (A) In general.--No additional funds shall be 
                provided for any project or activity under subsection 
                (c), or paragraph (1) or (2) of this subsection, that 
                the Secretary of Transportation determines was 
                sufficiently funded before or during fiscal year 2009 
                to achieve the authorized purpose of the project or 
                activity.
                    (B) Reservation and redistribution of funds.--Funds 
                made available in accordance with paragraph (1) or (2) 
                of subsection (c) or paragraph (1) or (2) of this 
                subsection for a project or activity described in 
                subparagraph (A) shall be--
                            (i) reserved by the Secretary of 
                        Transportation; and
                            (ii) redistributed to each State in 
                        accordance with paragraph (1) or (2) of 
                        subsection (c), or paragraph (1) or (2) of this 
                        subsection, as appropriate, for use in carrying 
                        out other highway projects and activities 
                        extended by subsection (c) or this subsection, 
                        in the proportion that--
                                    (I) the total amount of funds made 
                                available for fiscal year 2009 for 
                                projects and activities described in 
                                subparagraph (A) in the State; bears to
                                    (II) the total amount of funds made 
                                available for fiscal year 2009 for 
                                those projects and activities in all 
                                States.
    (e) Extension of Authorizations Under Title V of SAFETEA-LU.--
            (1) In general.--The programs authorized under paragraphs 
        (1) through (5) of section 5101(a) of the Safe, Accountable, 
        Flexible, Efficient Transportation Equity Act: A Legacy for 
        Users (119 Stat. 1779) shall be continued--
                    (A) for fiscal year 2010, at the funding levels 
                authorized for those programs for fiscal year 2009; and
                    (B) for the period beginning on October 1, 2010, 
                and ending on March 31, 2011, at \1/2\ the levels 
                authorized for those programs for fiscal year 2009.
            (2) Distribution of funds.--Funds for programs continued 
        under paragraph (1) shall be distributed to major program areas 
        under those programs in the same proportions as funds were 
        allocated for those program areas for fiscal year 2009, except 
        that designations for specific activities shall not be required 
        to be continued for--
                    (A) fiscal year 2010; or
                    (B) the period beginning on October 1, 2010, and 
                ending on March 31, 2011.
            (3) Additional funds.--
                    (A) In general.--No additional funds shall be 
                provided for any project or activity under this 
                subsection that the Secretary of Transportation 
                determines was sufficiently funded before or during 
                fiscal year 2009 to achieve the authorized purpose of 
                the project or activity.
                    (B) Distribution.--Funds that would have been made 
                available under paragraph (1) for a project or activity 
                but for the prohibition under subparagraph (A) shall be 
                distributed in accordance with paragraph (2).
            (4) Limitation on obligations.--Notwithstanding any other 
        provision of law--
                    (A) for fiscal year 2010, funds authorized to be 
                appropriated under this subsection shall be subject to 
                the limitation on obligations for fiscal year 2009 
                under section 5102 of the Safe, Accountable, Flexible, 
                Efficient Transportation Equity Act: A Legacy for Users 
                (119 Stat. 1780); and
                    (B) for the period beginning on October 1, 2010, 
                and ending on March 31, 2011, funds authorized to be 
                appropriated under this subsection shall be subject to 
                a limitation on obligations equal to \1/2\ of the 
                limitation on obligations for fiscal year 2009 under 
                section 5102 of the Safe, Accountable, Flexible, 
                Efficient Transportation Equity Act: A Legacy for Users 
                (119 Stat. 1780).

SEC. 3. ADMINISTRATIVE EXPENSES.

    (a) Authorization of Contract Authority.--Notwithstanding any other 
provision of this Act or any other law, there are authorized to be 
appropriated from the Highway Trust Fund (other than the Mass Transit 
Account), from amounts provided under section 2, for administrative 
expenses of the Federal-aid highway program--
            (1) $422,425,000 for fiscal year 2010; and
            (2) $217,023,500 for the period beginning on October 1, 
        2010, and ending on March 31, 2011.
    (b) Contract Authority.--Funds authorized to be appropriated by 
this section shall be--
            (1) available for obligation, and shall be administered, in 
        the same manner as if such funds were apportioned under chapter 
        1 of title 23, United States Code; and
            (2) subject to a limitation on obligations for Federal-aid 
        highways and highway safety construction programs, except that 
        such funds shall remain available until expended.
                                                       Calendar No. 126

111th CONGRESS

  1st Session

                                S. 1498

                          [Report No. 111-59]

_______________________________________________________________________

                                 A BILL

To provide an extension of highway programs authorized under the Safe, 
 Accountable, Flexible, Efficient Transportation Equity Act: A Legacy 
                               for Users.

_______________________________________________________________________

                             July 22, 2009

                 Read twice and placed on the calendar