II Calendar No. 126 111th CONGRESS 1st Session S. 1498 [Report No. 111–59] 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.
1.
Short title
This Act may be cited as the Surface Transportation Extension Act of 2009.
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).
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.
July 22, 2009 Read twice and placed on the calendar