[Congressional Record Volume 148, Number 137 (Thursday, October 17, 2002)]
[Senate]
[Pages S10688-S10696]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BAUCUS (for himself, Mr. Crapo, and Mr. Craig):
  S. 3133. A bill to amend the Internal Revenue Code of 1986 to make 
funding available to carry out the Maximum Economic Growth for America 
Through Highway Funding Act; to the Committee on Finance.
  Mr. BAUCUS. Mr. President, I rise today to introduce two bills, the 
Maximum Economic Growth for America Through Highway Funding Act'', or 
``MEGA FUND ACT''--Parts one and two.
  The MEGA FUND ACT is intended to do exactly what its name suggest, 
increase Federal investment in our Nation's highway system. That is an 
important objective. Highway investments create jobs, increase the 
productivity of our economy, and improve the quality of life for all 
Americans.
  In 1998 Congress passed one of the most successful and bipartisan 
bills in recent memory, the ``Transportation Equity Act for the 21st 
Century'', better known as ``TEA-21.'' I am honored to have been an 
author of that piece of legislation.
  The MEGA FUND ACT builds on the success of the highway elements of 
TEA-21, keeping nearly all of its structure in place and increasing 
funding levels.
  There are several major aspects of this legislation.
  First, the MEGA FUND ACT significantly increases highway program 
levels. The principal feature of the bill is its increased funding for 
the program, something that will help all States and all citizens. 
Under TEA-21, as amended, the total obligation authority for FY 2003 is 
$28.485 billion.
  Under the 6 years of the MEGA FUND ACT, the comparable program level 
would grow to $34.839 billion in FY 2004 and to $41.839 billion by FY 
2009.
  These funding increases will be enabled by enactment of legislation 
that I have already introduced with Senator Crapo, S. 2678, the Mega 
Trust Act and S. 3097, MEGA INNOVATE ACT.
  While these program levels represent a substantial increase, the 
needs of our highway system are even greater. So, the program levels in 
the bill represent only a down payment on the investment in highways 
that is needed to improve our economy through commerce and job 
creation, increase personal mobility and make our roads safer.
  Second, the MEGA FUND ACT continues the basic program structure and 
formulas from TEA-21. The current TEA-21 minimum guarantee formula is 
extended.
  Also, the bill would continue to focus funding on the core programs 
administered by the States: Interstate Maintenance, National Highway 
System, Surface Transportation Program, Bridge, Congestion Mitigation 
and Air Quality Improvement, and the Minimum Guarantee. These key 
programs would constitute approximately the same proportion of the 
overall program as under TEA-21.
  Third, a new category is added to aid states in overcoming economic 
and demographic barriers. The bill would create a new program, at $2 
billion annually, to assist States in dealing with certain economic and 
demographic hardships.
  This would be a new type of program, not subject to the minimum 
guarantee. It is not keyed to specific project types but to types of 
problems facing States. States with very high growth rates, high 
population density, low population density, or low per capita incomes, 
for example, face real challenges.
  This different approach lets States facing those problems receive 
funds and pick the projects. Every one of the 50 States would receive 
significant funding under this program every year.
  The MEGA FUND ACT continues firewalls and improves RABA. One of the 
great contributions of TEA-21 is that it provides the highway program 
protection under the budget procedures of Congress.
  These ``firewall'' provisions enable our citizens to be confident 
that highway taxes will be invested in highways, not saved or diverted.
  TEA-21 also established Revenue Aligned Budget Authority, or RABA. 
The principle of RABA is that, if funds available for the highway 
program exceed expectations, then additional money can be put to work 
in the highway program. This bill would continue those important 
provisions with improvements.
  One key improvement is the elimination of so-called ``negative 
RABA.'' Under the bill, there are only automatic upward adjustments in 
obligation levels under RABA. These adjustments would still take place 
when the Highway Account balance is financially stronger than initially 
estimated.
  Another key reform would focus RABA calculations on the actual 
balance in the Highway Account, rather than on annual revenues.
  This important reform will help ensure that monies in the Highway 
Account of the Highway Trust Fund are invested and not allowed to build 
up to a large balance. Today's RABA did not preclude a build up of 
funds in the

[[Page S10689]]

Highway Account, delaying the delivery of needed highway investments to 
our citizens.
  The MEGA FUND ACT increased the stability of distributions to states 
under the allocation programs. The bill includes proposed revisions to 
several so-called ``allocation'' programs that will increase funding 
for all States.
  Today, large portions of the program funds that are not apportioned 
to States are distributed on a discretionary basis. This bill would 
leave portions of the program subject to discretion, but move the 
allocation programs, collectively, in a general direction that would 
provide States greater certainty that they will be participating in 
allocation program funds.
  Specifically, the bill makes modest changes to the Intelligent 
Transportation System, ITS, program and to the Transportation and 
Community and System Preservation Pilot, TCSP, program, to ensure that 
some of those funds find their way into every State.
  Another modest change will ensure that each State with a border 
receives at least some funding under the borders and corridors 
programs, and that States with significant public lands receive at 
least some public lands discretionary funding.
  Let me say a few things about what is not addressed in this bill. The 
MEGA FUND ACT sets forth an outline for the highway program. It does 
not address the transit program that is within the jurisdiction of the 
Banking Committee, or the highway safety programs within the 
jurisdiction of the Commerce Committee, or the revenue for the highway 
program that is within the jurisdiction of the Finance Committee.
  My proposals for those issues are in previous bills that I have 
introduced--MEGA RED TRANS, MEGA SAFE, MEGA STREAM, MEGA TRUST, MEGA 
INNOVATE and today, MEGA FUND, Part II. Those are important matters 
that also must be addressed as part of the final overall legislation 
that will extend and build upon TEA-21.
  As for MEGA FUND Part II, this bill although short and simple, 
actually represents the most important step in any reauthorization 
bill. MEGA FUND, Part II allows the funding program set forth in MEGA 
FUND Part I to be spend from the Highway Trust Fund.
  Without this important step, Congress can write formulas until 
Christmas, but no money can actually be sent to the states and spent. 
The ability to spend this money requires a change to the Internal 
Revenue Code that makes those Highway Trust Funds available for 
payment. MEGA FUND PART II takes care of that.
  In summary, the MEGA FUND ACT stays close to the successful program 
structure of TEA-21 and maintains its apportionment formulas. It would 
significantly increase funding for the program as a whole, continue 
budgetary firewalls and strengthen RABA, and provide some extra funds 
to all States through the economic and demographic barriers program and 
through some innovations in other programs not subject to the minimum 
guarantee.
  I ask unanimous consent that a section-by-section analysis of both 
bills be printed in the Record.
  There being no objection, the additional material was ordered to be 
printed in the Record, as follows:

                                S. 3132

       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 ``Maximum Economic Growth for 
     America Through Highway Funding Act'' or the ``MEGA Fund 
     Act''.

     SEC. 2. AUTHORIZATION OF APPROPRIATIONS.

       (a) Programs Subject to Minimum Guarantee.--The following 
     sums are authorized to be appropriated out of the Highway 
     Trust Fund (other than the Mass Transit Account):
       (1) Interstate maintenance program.--For the Interstate 
     maintenance program under section 119 of title 23, United 
     States Code, $4,864,000,000 for fiscal year 2004, 
     $5,020,000,000 for fiscal year 2005, $5,176,000,000 for 
     fiscal year 2006, $5,333,000,000 for fiscal year 2007, 
     $5,645,000,000 for fiscal year 2008, and $5,958,000,000 for 
     fiscal year 2009.
       (2) National highway system.--For the National Highway 
     System under section 103(b) of title 23, United States Code, 
     $5,836,000,000 for fiscal year 2004, $6,024,000,000 for 
     fiscal year 2005, $6,212,000,000 for fiscal year 2006, 
     $6,399,000,000 for fiscal year 2007, $6,774,000,000 for 
     fiscal year 2008, and $7,150,000,000 for fiscal year 2009.
       (3) Bridge program.--For the bridge program under section 
     144 of title 23, United States Code, $4,173,000,000 for 
     fiscal year 2004, $4,307,000,000 for fiscal year 2005, 
     $4,442,000,000 for fiscal year 2006, $4,576,000,000 for 
     fiscal year 2007, $4,844,000,000 for fiscal year 2008, and 
     $5,112,000,000 for fiscal year 2009.
       (4) Surface transportation program.--For the surface 
     transportation program under section 133 of title 23, United 
     States Code, $6,809,000,000 for fiscal year 2004, 
     $7,028,000,000 for fiscal year 2005, $7,247,000,000 for 
     fiscal year 2006, $7,466,000,000 for fiscal year 2007, 
     $7,903,000,000 for fiscal year 2008, and $8,341,000,000 for 
     fiscal year 2009.
       (5) Congestion mitigation and air quality improvement 
     program.--For the congestion mitigation and air quality 
     improvement program under section 149 of title 23, United 
     States Code, $1,654,000,000 for fiscal year 2004, 
     $1,707,000,000 for fiscal year 2005, $1,760,000,000 for 
     fiscal year 2006, $1,813,000,000 for fiscal year 2007, 
     $1,919,000,000 for fiscal year 2008, and $2,026,000,000 for 
     fiscal year 2009.
       (6) Appalachian development highway system program.--For 
     the Appalachian development highway system program under 
     section 14501 of title 40, United States Code, $450,000,000 
     for each of fiscal years 2004 through 2009.
       (7) Recreational trails program.--For the recreational 
     trails program under section 206 of title 23, United States 
     Code, $75,000,000 for each of fiscal years 2004 through 2009.
       (8) High priority projects program.--For the high priority 
     projects program under section 117 of title 23, United States 
     Code, $1,000,000,000 for each of fiscal years 2004 through 
     2009.
       (b) Assistance in Overcoming Economic and Demographic 
     Barriers.--For the program to provide assistance in 
     overcoming economic and demographic barriers under section 
     139 of title 23, United States Code, there is authorized to 
     be appropriated out of the Highway Trust Fund (other than the 
     Mass Transit Account) $2,000,000,000 for each of fiscal years 
     2004 through 2009.
       (c) Additional Programs.--The following sums are authorized 
     to be appropriated out of the Highway Trust Fund (other than 
     the Mass Transit Account):
       (1) Federal lands highways program.--
       (A) Indian reservation roads.--For Indian reservation roads 
     under section 204 of title 23, United States Code, 
     $300,000,000 for each of fiscal years 2004 through 2009.
       (B) Public lands highways.--For public lands highways under 
     section 204 of title 23, United States Code, $350,000,000 for 
     each of fiscal years 2004 through 2009.
       (C) Park roads and parkways.--For park roads and parkways 
     under section 204 of title 23, United States Code, 
     $300,000,000 for each of fiscal years 2004 through 2009.
       (D) Refuge roads.--For refuge roads under section 204 of 
     title 23, United States Code, $35,000,000 for each of fiscal 
     years 2004 through 2009.
       (2) National corridor planning and development program.--
     For the national corridor planning and development program 
     under section 1118 of the Transportation Equity Act for the 
     21st Century (23 U.S.C. 101 note; 112 Stat. 161) $100,000,000 
     for each of fiscal years 2004 through 2009.
       (3) Coordinated border infrastructure program.--For the 
     coordinated border infrastructure program under section 1119 
     of the Transportation Equity Act for the 21st Century (23 
     U.S.C. 101 note; 112 Stat. 163) $100,000,000 for each of 
     fiscal years 2004 through 2009.
       (4) Construction of ferry boats and ferry terminal 
     facilities.--For construction of ferry boats and ferry 
     terminal facilities under section 1064 of the Intermodal 
     Surface Transportation Efficiency Act of 1991 (23 U.S.C. 129 
     note; 105 Stat. 2005) $50,000,000 for each of fiscal years 
     2004 through 2009.
       (5) National scenic byways program.--For the national 
     scenic byways program under section 162 of title 23, United 
     States Code, $30,000,000 for each of fiscal years 2004 
     through 2009.
       (6) Highway use tax evasion projects.--For highway use tax 
     evasion projects under section 143 of title 23, United States 
     Code, $40,000,000 for each of fiscal years 2004 through 2009.
       (7) Commonwealth of puerto rico highway program.--For the 
     Commonwealth of Puerto Rico highway program under section 
     1214(r) of the Transportation Equity Act for the 21st Century 
     (112 Stat. 209) $130,000,000 for each of fiscal years 2004 
     through 2009.
       (d) 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--
       (1) by striking ``1999 and'' and inserting ``1999,''; and
       (2) by inserting before the period at the end the 
     following: ``, and $50,000,000 for each of fiscal years 2004 
     through 2009''.
       (e) National Historic Covered Bridge Preservation.--Section 
     1224(d) of the Transportation Equity Act for the 21st Century 
     (112 Stat. 837) is amended by striking ``2003'' and inserting 
     ``2009''.
       (f) Safety Incentive Grants for Use of Seat Belts.--Section 
     157(g)(1) of title 23, United States Code, is amended--
       (1) by striking ``2002, and'' and inserting ``2002,''; and
       (2) by inserting before the period at the end the 
     following: ``, and $115,000,000 for each of fiscal years 2004 
     through 2009''.
       (g) Research Programs.--The following sums are authorized 
     to be appropriated out

[[Page S10690]]

     of the Highway Trust Fund (other than the Mass Transit 
     Account):
       (1) Surface transportation research.--For carrying out 
     sections 502, 506, 507, and 508 of title 23, United States 
     Code, $103,000,000 for each of fiscal years 2004 through 
     2009.
       (2) Technology deployment program.--For carrying out 
     section 503 of title 23, United States Code, $50,000,000 for 
     each of fiscal years 2004 through 2009.
       (3) Training and education.--For carrying out section 504 
     of title 23, United States Code, $20,000,000 for each of 
     fiscal years 2004 through 2009.
       (4) Bureau of transportation statistics.--For the Bureau of 
     Transportation Statistics to carry out section 111 of title 
     49, United States Code, $31,000,000 for each of fiscal years 
     2004 through 2009.
       (5) ITS standards, research, operational tests, and 
     development.--For carrying out sections 5204, 5205, 5206, and 
     5207 of the Transportation Equity Act for the 21st Century 
     (23 U.S.C. 502 note; 112 Stat. 453) $110,000,000 for each of 
     fiscal years 2004 through 2009.
       (6) ITS deployment.--For carrying out sections 5208 and 
     5209 of the Transportation Equity Act for the 21st Century 
     (23 U.S.C. 502 note; 112 Stat. 458) $140,000,000 for each of 
     fiscal years 2004 through 2009.
       (7) University transportation research.--For carrying out 
     section 5505 of title 49, United States Code, $32,000,000 for 
     each of fiscal years 2004 through 2009.
       (h) Future Strategic Highway Research Program.--Section 104 
     of title 23, United States Code, is amended by adding at the 
     end the following:
       ``(m) Future Strategic Highway Research Program.--
       ``(1) Deductions.--For each of fiscal years 2004 through 
     2009, whenever an apportionment is made of the sums made 
     available for expenditure on each of the surface 
     transportation program under section 133, the bridge program 
     under section 144, the congestion mitigation and air quality 
     improvement program under section 149, and the Interstate and 
     National Highway System program, the Secretary shall make 
     proportionate deductions from those programs, in a total 
     amount equal to $75,000,000, to be used to pay the costs of a 
     future strategic highway research program established under 
     paragraph (2).
       ``(2) Program.--The Secretary shall establish and carry out 
     a future strategic highway research program.
       ``(3) Federal share.--The Federal share of the cost of a 
     project carried out under the future strategic highway 
     research program shall be 80 percent (unless the Secretary 
     determines otherwise with respect to a project).
       ``(4) Availability of amounts.--The amounts deducted under 
     paragraph (1) shall be available for obligation in the same 
     manner as if the funds were apportioned under this chapter, 
     except that the funds shall remain available until 
     expended.''.
       (i) Magnetic Levitation Transportation Technology 
     Deployment Program.--Section 322(h)(1)(B)(i) of title 23, 
     United States Code, is amended--
       (1) by striking ``2002, and'' and inserting ``2002,''; and
       (2) by inserting before the period at the end the 
     following: ``, and such sums as are necessary for fiscal year 
     2004 and each fiscal year thereafter''.
       (j) TIFIA.--Section 188 of title 23, United States Code, is 
     amended--
       (1) in subsection (a)--
       (A) in paragraph (1)(E), by striking ``fiscal year 2003'' 
     and inserting ``each of fiscal years 2003 through 2009''; and
       (B) in paragraph (2), by striking ``2003'' and inserting 
     ``2009''; and
       (2) in the table contained in subsection (c), by striking 
     the item relating to fiscal year 2003 and inserting the 
     following:

  ``2003................................................$2,600,000,000 
  ``2004................................................$2,600,000,000 
  ``2005................................................$2,600,000,000 
  ``2006................................................$2,600,000,000 
  ``2007................................................$2,600,000,000 
  ``2008................................................$2,600,000,000 
  ``2009.............................................$2,600,000,000.''.

     SEC. 3. OBLIGATION CEILING.

       (a) In General.--Section 1102 of the Transportation Equity 
     Act for the 21st Century (23 U.S.C. 104 note; 112 Stat. 115) 
     is amended--
       (1) in subsection (a)--
       (A) in paragraph (5), by striking ``and'' at the end;
       (B) in paragraph (6), by striking the period at the end and 
     inserting a semicolon; and
       (C) by adding at the end the following:
       ``(7) $34,000,000,000 for fiscal year 2004;
       ``(8) $35,000,000,000 for fiscal year 2005;
       ``(9) $36,000,000,000 for fiscal year 2006;
       ``(10) $37,000,000,000 for fiscal year 2007;
       ``(11) $39,000,000,000 for fiscal year 2008; and
       ``(12) $41,000,000,000 for fiscal year 2009.'';
       (2) in subsection (b)(8), by striking ``through 2007'' and 
     inserting ``through 2009'';
       (3) in subsection (c)--
       (A) by striking ``For each of fiscal years 1998 through 
     2003,'' and inserting ``Except as otherwise provided, for 
     fiscal year 1998 and each fiscal year thereafter,'';
       (B) in paragraph (1)--
       (i) by striking ``Code, and amounts'' and inserting ``Code, 
     amounts''; and
       (ii) by inserting before the semicolon at the end the 
     following: ``or, for fiscal year 2004 and each fiscal year 
     thereafter, amounts authorized for the Indian reservation 
     roads program under section 204 of title 23, United States 
     Code''; and
       (C) in paragraph (5), by striking ``this Act'' and 
     inserting ``this Act, the Maximum Economic Growth for America 
     Through Highway Funding Act,'';
       (4) in subsection (d), by striking ``2003'' and inserting 
     ``2009'';
       (5) in subsection (e)--
       (A) by striking ``Obligation'' and inserting the following:
       ``(1) In general.--Obligation'';
       (B) in paragraph (1) (as designated by subparagraph (A)), 
     by striking ``and under title V of this Act'' and inserting 
     ``under title V of this Act, and under the Maximum Economic 
     Growth for America Through Highway Funding Act''; and
       (C) by adding at the end the following:
       ``(2) Limitation for fiscal years 2004 through 2009.--
     Notwithstanding any other provision of law, the total of all 
     obligations from amounts made available from the Highway 
     Trust Fund (other than the Mass Transit Account) by section 
     2(f) of the Maximum Economic Growth for America Through 
     Highway Funding Act, and section 104(m) of title 23, United 
     States Code, shall not exceed $561,000,000 for each of fiscal 
     years 2004 through 2009.'';
       (6) in the first sentence of subsection (f), by striking 
     ``2003'' and inserting ``2009'';
       (7) in subsection (h)--
       (A) by striking ``Limitations on obligations imposed by 
     subsection (a)'' and inserting the following:
       ``(1) Fiscal years 1998 through 2003.--Limitations on 
     obligations imposed by paragraphs (1) through (6) of 
     subsection (a)''; and
       (B) by adding at the end the following:
       ``(2) Fiscal years 2004 through 2009.--
       ``(A) In general.--Limitations on obligations imposed by 
     paragraphs (7) through (12) of subsection (a) for a fiscal 
     year shall be increased by an amount equal to the amount of 
     any increase for the fiscal year determined under section 
     4(b)(5) of the Maximum Economic Growth for America Through 
     Highway Funding Act.
       ``(B) Distribution of increases.--Any increase under 
     subparagraph (A) shall be distributed in accordance with this 
     section.''; and
       (8) in subsection (i)--
       (A) in paragraph (5), by striking ``and'' at the end;
       (B) in paragraph (6), by striking the period at the end and 
     inserting a semicolon; and
       (C) by adding at the end the following:
       ``(7) $450,000,000 for fiscal year 2004;
       ``(8) $470,000,000 for fiscal year 2005;
       ``(9) $490,000,000 for fiscal year 2006;
       ``(10) $510,000,000 for fiscal year 2007;
       ``(11) $530,000,000 for fiscal year 2008; and
       ``(12) $550,000,000 for fiscal year 2009.''.
       (b) Deduction for Administrative Expenses.--Section 
     104(a)(1) of title 23, United States Code, is amended--
       (1) by inserting ``the lesser of'' after ``in an amount not 
     to exceed'';
       (2) in subparagraph (A)--
       (A) by redesignating clauses (i) and (ii) as subclauses (I) 
     and (II), respectively, and indenting appropriately; and
       (B) by striking ``(A) 1\1/6\ percent'' and inserting the 
     following:
       ``(A) the sum of--
       ``(i) 1\1/6\ percent'';
       (3) by striking ``(B) one-third'' and inserting the 
     following:
       ``(ii) one-third'';
       (4) in subparagraph (A)(ii) (as so designated), by striking 
     the period at the end and inserting ``; or''; and
       (5) by adding at the end the following:
       ``(B) the amount specified for the applicable fiscal year 
     in section 1102(i) of the Transportation Equity Act for the 
     21st Century (23 U.S.C. 104 note; 112 Stat. 118) for use as 
     described in subparagraph (A).''.

     SEC. 4. RELIABLE HIGHWAY PROGRAM LEVELS; REVISIONS TO REVENUE 
                   ALIGNED BUDGET AUTHORITY.

       (a) Sense of the Senate Relating to Reform of Revenue 
     Aligned Budget Authority.--
       (1) Findings.--The Senate finds that--
       (A) the experience under the Transportation Equity Act for 
     the 21st Century (112 Stat. 107) with respect to revenue 
     aligned budget authority (referred to in this subsection as 
     ``RABA'') has been that, while RABA has produced increases in 
     highway program obligation levels in some fiscal years, RABA 
     also--
       (i) has allowed the balance in the Highway Trust Fund 
     (other than the Mass Transit Account) to grow since the date 
     of enactment of the Transportation Equity Act for the 21st 
     Century;
       (ii) does not provide a mechanism to allow that balance to 
     be expended for the benefit of the public; and
       (iii) has resulted in unexpectedly large annual 
     differences, or estimated differences, in highway program 
     obligation authority as compared with the levels specified in 
     section 1102 of the Transportation Equity Act for the 21st 
     Century (23 U.S.C. 104 note; 112 Stat. 115); and
       (B) Congress has taken legislative action to reject the 
     implementation of estimates that would have resulted in 
     ``negative'' RABA.
       (2) Sense of the senate.--It is the sense of the Senate 
     that the provisions of budget legislation pertaining to the 
     highway program should be amended--
       (A) to improve predictability and stability in the levels 
     of highway program obligation authority;

[[Page S10691]]

       (B) to facilitate the expenditure of funds in the Highway 
     Trust Fund (other than the Mass Transit Account); and
       (C) to eliminate the possibility of reductions in the 
     levels of highway program obligation authority being imposed 
     automatically, so that any reductions are solely the 
     prerogative of Congress.
       (b) Reliable Highway Program Levels.--
       (1) In general.--Notwithstanding any other provision of 
     law, no spending limits other than the spending limits 
     specified in this subsection may be imposed, for any of 
     fiscal years 2004 through 2009, on budget accounts or 
     portions of budget accounts that are subject to the 
     obligation limitations and the exemptions from obligation 
     limitations that are specified in section 1102 of the 
     Transportation Equity Act for the 21st Century (23 U.S.C. 104 
     note; 112 Stat. 115).
       (2) Amount of obligation authority.--For each of fiscal 
     years 2004 through 2009, the limitation on obligation 
     authority for the budget accounts described in paragraph (1) 
     shall be equal to the sum of--
       (A) the limitation for that fiscal year specified in 
     section 1102(a) of the Transportation Equity Act for the 21st 
     Century;
       (B) all amounts exempt from that limit under section 
     1102(b) of that Act; and
       (C) the amount of any increase for the fiscal year under 
     paragraph (5).
       (3) Outlays.--For each of fiscal years 2004 through 2009, 
     the limitation on outlays for the budget accounts described 
     in paragraph (1) shall be the level of outlays necessary to 
     accommodate outlays resulting from obligations for that 
     fiscal year under paragraph (2) and obligations from prior 
     fiscal years.
       (4) Annual report on estimated balance in highway 
     account.--In the submission by the President of the budget of 
     the United States Government under section 1105 of title 31, 
     United States Code, for each of fiscal years 2005 through 
     2009, the President shall include an estimate of the balance 
     that will be in the Highway Account of the Highway Trust Fund 
     (as defined in section 9503(e)(5)(B) of the Internal Revenue 
     Code of 1986) at the end of fiscal year 2009.
       (5) Increase based on fund balance.--
       (A) Estimate for fiscal year 2005.--In the submission by 
     the President of the budget of the United States Government 
     under section 1105 of title 31, United States Code, for 
     fiscal year 2005, if the estimate described in paragraph (4) 
     is that, but for this subparagraph, the balance in the 
     Highway Account of the Highway Trust Fund at the end of 
     fiscal year 2009 will be in excess of $7,000,000,000, the 
     amount specified in section 1102(a)(8) of the Transportation 
     Equity Act for the 21st Century shall be deemed to have been 
     increased by an amount equal to 50 percent of the amount of 
     the estimated excess.
       (B) Estimate for fiscal year 2006.--In the submission by 
     the President of the budget of the United States Government 
     under section 1105 of title 31, United States Code, for 
     fiscal year 2006, if the estimate described in paragraph (4) 
     is that, but for this subparagraph, the balance in the 
     Highway Account of the Highway Trust Fund at the end of 
     fiscal year 2009 will be in excess of $6,500,000,000, the 
     amount specified in section 1102(a)(9) of the Transportation 
     Equity Act for the 21st Century shall be deemed to have been 
     increased by an amount equal to 50 percent of the amount of 
     the estimated excess.
       (C) Estimate for fiscal year 2007.--In the submission by 
     the President of the budget of the United States Government 
     under section 1105 of title 31, United States Code, for 
     fiscal year 2007, if the estimate described in paragraph (4) 
     is that, but for this subparagraph, the balance in the 
     Highway Account of the Highway Trust Fund at the end of 
     fiscal year 2009 will be in excess of $6,000,000,000, the 
     amount specified in section 1102(a)(10) of the Transportation 
     Equity Act for the 21st Century shall be deemed to have been 
     increased by an amount equal to 50 percent of the amount of 
     the estimated excess.
       (D) Estimate for fiscal year 2008.--In the submission by 
     the President of the budget of the United States Government 
     under section 1105 of title 31, United States Code, for 
     fiscal year 2008, if the estimate described in paragraph (4) 
     is that, but for this subparagraph, the balance in the 
     Highway Account of the Highway Trust Fund at the end of 
     fiscal year 2009 will be in excess of $5,500,000,000, the 
     amount specified in section 1102(a)(11) of the Transportation 
     Equity Act for the 21st Century shall be deemed to have been 
     increased by an amount equal to 50 percent of the amount of 
     the estimated excess.
       (E) Estimate for fiscal year 2009.--In the submission by 
     the President of the budget of the United States Government 
     under section 1105 of title 31, United States Code, for 
     fiscal year 2009, if the estimate described in paragraph (4) 
     is that, but for this subparagraph, the balance in the 
     Highway Account of the Highway Trust Fund at the end of 
     fiscal year 2009 will be in excess of $5,000,000,000, the 
     amount specified in section 1102(a)(12) of the Transportation 
     Equity Act for the 21st Century shall be deemed to have been 
     increased by an amount equal to the amount of the estimated 
     excess.
       (6) No effect on byrd rule.--Nothing in this subsection 
     affects section 9503(d) of the Internal Revenue Code of 1986.
       (c) Sense of the Senate Supporting Reliable Program Levels 
     in Additional Budget Accounts.--It is the sense of the Senate 
     that the Act reauthorizing highway, highway safety, and 
     transit programs for fiscal years beginning with fiscal year 
     2004 should include, in addition to the budgetary protections 
     for the highway program provided under subsection (b), 
     appropriate budgetary protections for highway safety and 
     transit programs.
       (d) Conforming Amendments to Revenue Aligned Budget 
     Authority.--Section 110 of title 23, United States Code, is 
     amended--
       (1) in subsection (a)--
       (A) in paragraph (1)--
       (i) by inserting ``for fiscal years 2000 through 2003'' 
     after ``Allocation''; and
       (ii) by striking ``fiscal year 2000 and each fiscal year 
     thereafter'' and inserting ``each of fiscal years 2000 
     through 2003'';
       (B) in paragraph (2)--
       (i) by inserting ``for fiscal years 2001 through 2003'' 
     after ``Reduction''; and
       (ii) by striking ``fiscal year 2000 or any fiscal year 
     thereafter'' and inserting ``any of fiscal years 2000 through 
     2002''; and
       (C) by adding at the end the following:
       ``(3) Allocations for fiscal years 2005 through 2009.--For 
     any of fiscal years 2005 through 2009, if an increase is made 
     to the level of obligation authority under section 4(b)(5) of 
     the Maximum Economic Growth for America Through Highway 
     Funding Act, the Secretary shall allocate for the fiscal year 
     an amount equal to the amount of the increase.''; and
       (2) in subsection (b)--
       (A) in paragraph (1)(A)--
       (i) by striking ``for'' the second place it appears; and
       (ii) by inserting ``(112 Stat. 107), the Maximum Economic 
     Growth for America Through Highway Funding Act'' after ``21st 
     Century'';
       (B) in paragraph (2), by striking ``subsection (a)(1)'' and 
     inserting ``paragraph (1) or (3) of subsection (a), as 
     applicable,''; and
       (C) in paragraph (4), by striking ``subsection (a)(1)'' and 
     inserting ``paragraph (1) or (3) of subsection (a), as 
     applicable,''.

     SEC. 5. ASSISTANCE IN OVERCOMING ECONOMIC AND DEMOGRAPHIC 
                   BARRIERS.

       (a) In General.--Title 23, United States Code, is amended 
     by inserting after section 138 the following:

     ``Sec. 139. Assistance in overcoming economic and demographic 
       barriers

       ``(a) Definitions.--In this section:
       ``(1) High-growth state.--The term `high-growth State' 
     means a State that has a population according to the 2000 
     decennial census that is at least 25 percent greater than the 
     population for the State according to the 1990 decennial 
     census.
       ``(2) High-population-density state.--The term `high-
     population-density State' means a State in which the number 
     of individuals per principal arterial mile is greater than 75 
     percent of the number of individuals per principal arterial 
     mile in the 50 States and the District of Columbia, as 
     determined using population according to the 2000 decennial 
     census.
       ``(3) Highway statistics.--
       ``(A) In general.--The term `Highway Statistics' means the 
     Highway Statistics published by the Federal Highway 
     Administration for the most recent calendar or fiscal year 
     for which data are available, which most recent calendar or 
     fiscal year shall be determined as of the first day of the 
     fiscal year for which any calculation using the Highway 
     Statistics is made.
       ``(B) Terms.--Any reference to a term that is used in the 
     Highway Statistics is a reference to the term as used in the 
     Highway Statistics as of September 30, 2002.
       ``(4) Low-income state.--The term `low-income State' means 
     a State that, according to Table PS-1 of the Highway 
     Statistics, has a per capita income that is less than the 
     national average per capita income.
       ``(5) Low-population-density state.--The term `low-
     population-density State' means a State in which the number 
     of individuals per principal arterial mile is less than 75 
     percent of the number of individuals per principal arterial 
     mile in the 50 States and the District of Columbia, as 
     determined using population according to the 2000 decennial 
     census.
       ``(6) National average per capita income.--The term 
     `national average per capita income' means the average per 
     capita income for the 50 States and the District of Columbia, 
     as specified in the Highway Statistics.
       ``(7) Principal arterial miles.--The term `principal 
     arterial miles', with respect to a State, means the principal 
     arterial miles (including Interstate and other expressway or 
     freeway system miles) in the State, as specified in Table HM-
     20 of the Highway Statistics.
       ``(8) State.--The term `State' means each of the 50 States.
       ``(9) State with extensive road ownership.--The term `State 
     with extensive road ownership' means a State that owns more 
     than 80 percent of the total Federal-aid and non-Federal-aid 
     mileage in the State according to Table HM-14 of the Highway 
     Statistics.
       ``(b) Establishment.--There is established a program to 
     assist States that face certain economic and demographic 
     barriers in meeting transportation needs.
       ``(c) Allocation of Funds.--For each of fiscal years 2004 
     through 2009, funds made available to carry out this section 
     shall be allocated as follows:
       ``(1) Low-income states.--For each fiscal year, each low-
     income State shall receive an allocation under this paragraph 
     that is equal to the product obtained by multiplying--
       ``(A) $600,000,000; and
       ``(B) the ratio that--
       ``(i) the difference between--

[[Page S10692]]

       ``(I) the national average per capita income; and
       ``(II) the per capita income of the low-income State; bears 
     to

       ``(ii) the sum of the differences determined under clause 
     (i) for all low-income States.
       ``(2) High-growth states.--For each fiscal year, each high-
     growth State shall receive an allocation under this paragraph 
     that is equal to the product obtained by multiplying--
       ``(A) $75,000,000; and
       ``(B) the ratio that--
       ``(i) the percentage by which the population of the high-
     growth State according to the 2000 decennial census exceeds 
     the population of the high-growth State according to the 1990 
     decennial census; bears to
       ``(ii) the sum of the percentages determined under clause 
     (i) for all high-growth States.
       ``(3) Low-population-density states.--
       ``(A) In general.--Subject to subparagraph (B), for each 
     fiscal year, each low-population-density State shall receive 
     an allocation under this paragraph that is equal to the 
     product obtained by multiplying--
       ``(i) $625,000,000; and
       ``(ii) the ratio that--

       ``(I) the quotient obtained by dividing--

       ``(aa) the number of principal arterial miles in the State; 
     by
       ``(bb) the population of the low-population-density State 
     according to the 2000 decennial census; bears to

       ``(II) the sum of the quotients determined under subclause 
     (I) for all low-population-density States.

       ``(B) Maximum allocation.--
       ``(i) In general.--If the allocation for a low-population-
     density State under subparagraph (A) is greater than 
     $35,000,000, the allocation of the low-population-density 
     State shall be reduced to $35,000,000.
       ``(ii) Use of excess allocations.--

       ``(I) Reallocation.--Subject to subclause (II), the funds 
     in addition to the $35,000,000 that would have been allocated 
     to a low-population-density State but for clause (i) shall be 
     reallocated among the low-population-density States that were 
     allocated less than $35,000,000 under subparagraph (A) in 
     accordance with the proportionate shares of those low-
     population-density States under subparagraph (A).
       ``(II) Additional reallocations.--If a reallocation under 
     subclause (I) would result in the receipt by any low-
     population-density State of an amount greater than 
     $35,000,000 under this paragraph--

       ``(aa) the allocation for the low-population-density State 
     shall be reduced to $35,000,000; and
       ``(bb) the amounts in excess of $35,000,000 shall be 
     subject to 1 or more further reallocations in accordance with 
     that subclause so that no low-population-density State is 
     allocated more than $35,000,000 under this paragraph.
       ``(4) High-population-density states.--
       ``(A) In general.--Subject to subparagraph (B), for each 
     fiscal year, each high-population-density State shall receive 
     an allocation under this paragraph that is equal to the 
     product obtained by multiplying--
       ``(i) $625,000,000; and
       ``(ii) the ratio that--

       ``(I) the quotient obtained by dividing--

       ``(aa) the population of the high-population-density State 
     according to the 2000 decennial census; by
       ``(bb) the number of principal arterial miles in the State; 
     bears to

       ``(II) the sum of the quotients determined under subclause 
     (I) for all high-population-density States.

       ``(B) Maximum allocation.--
       ``(i) In general.--If the allocation for a high-population-
     density State under subparagraph (A) is greater than 
     $35,000,000, the allocation of the high-population-density 
     State shall be reduced to $35,000,000.
       ``(ii) Use of excess allocations.--

       ``(I) Reallocation.--Subject to subclause (II), the funds 
     in addition to the $35,000,000 that would have been allocated 
     to a high-population-density State but for clause (i) shall 
     be reallocated among the high-population-density States that 
     were allocated less than $35,000,000 under subparagraph (A) 
     in accordance with the proportionate shares of those high-
     population-density States under subparagraph (A).
       ``(II) Additional reallocations.--If a reallocation under 
     subclause (I) would result in the receipt by any high-
     population-density State of an amount greater than 
     $35,000,000 under this paragraph--

       ``(aa) the allocation for the high-population-density State 
     shall be reduced to $35,000,000; and
       ``(bb) the amounts in excess of $35,000,000 shall be 
     subject to 1 or more further reallocations in accordance with 
     that subclause so that no high-population-density State is 
     allocated more than $35,000,000 under this paragraph.
       ``(5) States with extensive road ownership.--For each 
     fiscal year, each State with extensive road ownership shall 
     receive an allocation under this paragraph that is equal to 
     the product obtained by multiplying--
       ``(A) $75,000,000; and
       ``(B) the ratio that--
       ``(i) the total Federal-aid and non-Federal-aid mileage 
     owned by each State with extensive road ownership according 
     to Table HM-14 of the Highway Statistics; bears to
       ``(ii) the sum of the mileages determined under clause (i) 
     for all States with extensive road ownership.
       ``(d) Treatment of Allocated Funds.--
       ``(1) In general.--Subject to paragraph (2), funds 
     allocated to a State under this section for a fiscal year 
     shall be treated for program administrative purposes as if 
     the funds--
       ``(A) were funds apportioned to the State under sections 
     104(b)(1), 104(b)(2), 104(b)(3), 104(b)(4), and 144; and
       ``(B) were apportioned to the State in the same ratio that 
     the State is apportioned funds under the sections specified 
     in subparagraph (A) for the fiscal year.
       ``(2) Program administrative purposes.--Program 
     administrative purposes referred to in paragraph (1)--
       ``(A) include--
       ``(i) the Federal share;
       ``(ii) availability for obligation; and
       ``(iii) except as provided in subparagraph (B), 
     applicability of deductions; and
       ``(B) exclude--
       ``(i) calculation of the minimum guarantee under section 
     105; and
       ``(ii) applicability of the deduction for the future 
     strategic highway research program under section 104(m).''.
       (b) Conforming Amendment.--The analysis for subchapter I of 
     chapter 1 of title 23, United States Code, is amended by 
     inserting after the item relating to section 138 the 
     following:

``139. Assistance in overcoming economic and demographic barriers.''.

     SEC. 6. EMERGENCY RELIEF.

       Section 125 of title 23, United States Code, is amended--
       (1) in subsection (c)(1), by striking ``Not more than 
     $100,000,000 is authorized to be obligated in any 1 fiscal 
     year commencing after September 30, 1980,'' and inserting 
     ``Not more than $100,000,000 is authorized to be obligated in 
     any of fiscal years 1981 through 2003, and not more than 
     $200,000,000 is authorized to be obligated in fiscal year 
     2004 or any fiscal year thereafter,''; and
       (2) by adding at the end the following:
       ``(g) Protection of Highway Trust Fund.--Effective 
     beginning on the earlier of October 1, 2003, or the date of 
     enactment of this subsection, notwithstanding any other 
     provision of law, if an Act is enacted that provides for an 
     amount in excess of $200,000,000 for any fiscal year for the 
     emergency fund authorized by this section (including any Act 
     that states that provision of that amount in excess of 
     $200,000,000 is `notwithstanding any other provision of 
     law'), that Act shall be applied so that all funds for that 
     fiscal year for the program established by this section in 
     excess of $200,000,000--
       ``(1) shall be derived from the general fund of the 
     Treasury, and not from the Highway Trust Fund (other than the 
     Mass Transit Account); but
       ``(2) shall be administered by the Secretary in all other 
     respects as if the funds were appropriated from the Highway 
     Trust Fund (other than the Mass Transit Account).''.

     SEC. 7. INCREASED STABILITY OF DISTRIBUTION UNDER ALLOCATION 
                   PROGRAMS.

       (a) National Corridor Planning and Development Program.--
     Section 1118 of the Transportation Equity Act for the 21st 
     Century (23 U.S.C. 101 note; 112 Stat. 161) is amended--
       (1) by redesignating subsection (g) as subsection (h); and
       (2) by inserting after subsection (f) the following:
       ``(g) Minimum Allocations to Border States.--
     Notwithstanding any other provision of law, in allocating 
     funds under this section for fiscal year 2004 and each fiscal 
     year thereafter, the Secretary shall ensure that not less 
     than 2 percent of the funds made available to carry out the 
     program under this section are allocated to each border State 
     (as defined in section 1119(e)).''.
       (b) Coordinated Border Infrastructure Program.--Section 
     1119 of the Transportation Equity Act for the 21st Century 
     (23 U.S.C. 101 note; 112 Stat. 163) is amended--
       (1) by redesignating subsection (e) as subsection (f); and
       (2) by inserting after subsection (d) the following:
       ``(e) Minimum Allocations to Border States.--
     Notwithstanding any other provision of law, in allocating 
     funds under this section for fiscal year 2004 and each fiscal 
     year thereafter, the Secretary shall ensure that not less 
     than 2 percent of the funds made available to carry out the 
     program under this section are allocated to each border 
     State.''.
       (c) Transportation and Community and System Preservation 
     Pilot Program.--Section 1221 of the Transportation Equity Act 
     for the 21st Century (23 U.S.C. 101 note; 112 Stat. 221) is 
     amended by adding at the end the following:
       ``(f) Minimum Allocations to States.--Notwithstanding any 
     other provision of law, in allocating funds made available 
     under this section for fiscal year 2004 and each fiscal year 
     thereafter, the Secretary shall ensure that the total of the 
     allocations to each State (including allocations to the 
     metropolitan planning organizations and local governments in 
     the State) under this section is not less than the product 
     obtained by multiplying--
       ``(1) 50 percent of the percentage specified for the State 
     in section 105 of title 23, United States Code, for the 
     fiscal year; and
       ``(2) the total amount of funds made available to carry out 
     this section for the fiscal year.''.
       (d) Minimum Allocations to States for ITS Deployment.--
       (1) In general.--Notwithstanding any other provision of 
     law, for fiscal year 2004

[[Page S10693]]

     and each fiscal year thereafter, in allocating funds made 
     available under section 2(f)(6), the Secretary shall ensure 
     that the total of the allocations to each State using those 
     funds is not less than the product obtained by multiplying--
       (A) 50 percent of the percentage specified for the State in 
     section 105 of title 23, United States Code, for the fiscal 
     year; and
       (B) the total amount of funds made available under section 
     2(f)(6).
       (2) Use of funds for both types of projects.--In 
     administering funds available for allocation under section 
     2(f)(6), the Secretary shall encourage States to carry out 
     both--
       (A) projects eligible under section 5208 of the 
     Transportation Equity Act for the 21st Century (23 U.S.C. 502 
     note; 112 Stat. 458); and
       (B) projects eligible under section 5209 of that Act.

     SEC. 8. HISTORIC PARK ROADS AND PARKWAYS.

       (a) In General.--Section 202(c) of title 23, United States 
     Code, is amended--
       (1) by striking ``(c) On'' and inserting the following:
       ``(c) Park Roads and Parkways.--
       ``(1) In general.--On''; and
       (2) by adding at the end the following:
       ``(2) Historic park roads and parkways.--
       ``(A) Definitions.--In this paragraph:
       ``(i) National park.--The term `national park' means an 
     area of land or water administered by the National Park 
     Service that is designated as a national park.
       ``(ii) Recreation visit.--The term `recreation visit' means 
     the entry into a national park for a recreational purpose of 
     an individual who is not--

       ``(I) an employee of the Federal Government, or other 
     individual, who has business in the national park;
       ``(II) an individual passing through the national park for 
     a purpose other than visiting the national park; or
       ``(III) an individual residing in the national park.

       ``(iii) Recreation visitor day.--The term `recreation 
     visitor day' means a period of 12 hours spent in a national 
     park by an individual making a recreation visit to the 
     national park.
       ``(B) Allocation.--Notwithstanding paragraph (1), for 
     fiscal year 2004 and each fiscal year thereafter, the first 
     $100,000,000 authorized to be appropriated from the Highway 
     Trust Fund (other than the Mass Transit Account) for park 
     roads and parkways for the fiscal year shall be allocated for 
     projects to reconstruct, rehabilitate, restore, resurface, or 
     improve to applicable safety standards any highway that meets 
     the criteria specified in subparagraph (C).
       ``(C) Eligibility criteria.--The criteria referred to in 
     subparagraph (B) are that--
       ``(i) the highway provides access to or is located in a 
     national park;
       ``(ii) the highway was initially constructed before 1940; 
     and
       ``(iii) as determined using data provided by the National 
     Park Service averaged over the 3 most recent years for which 
     the data are available, the national park to which the 
     highway provides access or in which the highway is located is 
     used more than 1,000,000 recreation visitor days per year.
       ``(D) Priority.--In funding projects eligible under 
     subparagraphs (B) and (C), the Secretary shall give priority 
     to any project on a highway that is located in or provides 
     access to a national park that--
       ``(i) is adjacent to a national park of a foreign country; 
     or
       ``(ii) is located in more than 1 State.
       ``(E) Federal-state cooperation in project development.--
     Projects to be carried out under this paragraph shall be 
     developed cooperatively by the Secretary and the State in 
     which a national park is located.
       ``(F) Support by the secretary.--The Secretary shall 
     provide the maximum feasible support to ensure prompt 
     development and implementation of projects under this 
     paragraph.
       ``(G) Reservation of funds for projects outside national 
     parks.--
       ``(i) In general.--For each fiscal year, not less than 40 
     percent of the funds allocated under this paragraph shall be 
     used for projects described in subparagraph (B) on highways 
     that are located outside national parks but provide access to 
     national parks.
       ``(ii) Use of excess funds.--If the Secretary determines 
     that funds set aside under clause (i) are in excess of the 
     needs for reconstruction, rehabilitation, restoration, 
     resurfacing, or improvement of the highways described in that 
     clause, the funds set aside under that clause may be used for 
     transit projects that serve national parks with highways 
     (including access highways) that meet the criteria specified 
     in subparagraph (C).
       ``(H) Availability of amounts.--Funds allocated under this 
     paragraph shall remain available until expended.
       ``(I) Relationship to other law.--Nothing in this paragraph 
     reduces the eligibility or priority of a project under any 
     other provision of this title or other law.''.
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     projects that--
       (1) are eligible for funding under section 202(c)(2) of 
     title 23, United States Code; but
       (2) are not fully funded from funds made available under 
     paragraph (1) or (2) of section 202(c) of that title.

     SEC. 9. COOPERATIVE FEDERAL LANDS TRANSPORTATION PROGRAM.

       (a) In General.--Chapter 2 of title 23, United States Code, 
     is amended by inserting after section 206 the following:

     ``Sec. 207. Cooperative Federal lands transportation program

       ``(a) In General.--
       ``(1) Establishment.--There is established the cooperative 
     Federal lands transportation program (referred to in this 
     section as the `program').
       ``(2) Projects.--
       ``(A) Locations.--Funds available for the program under 
     subsection (d) may be used for projects, or portions of 
     projects, on highways that--
       ``(i) are owned or maintained by States or political 
     subdivisions of States; and
       ``(ii) cross, are adjacent to, or lead to federally owned 
     land or Indian reservations (including Corps of Engineers 
     reservoirs), as determined by the State.
       ``(B) Selection.--The projects shall be selected by a State 
     after consultation with the Secretary and each affected local 
     or tribal government.
       ``(C) Types of projects.--A project selected by a State 
     under this section--
       ``(i) shall be on a highway or bridge owned or maintained 
     by the State or 1 or more political subdivisions of the 
     State; and
       ``(ii) may be--

       ``(I) a highway or bridge construction or maintenance 
     project eligible under this title; or
       ``(II) any eligible project under section 204(h).

       ``(b) Distribution of Funds for Projects.--
       ``(1) In general.--
       ``(A) Determinations by the secretary.--The Secretary--
       ``(i) after consultation with the Administrator of General 
     Services, the Secretary of the Interior, and the heads of 
     other agencies as appropriate (including the Chief of 
     Engineers), shall determine the percentage of the total land 
     in each State that is owned by the Federal Government or that 
     is held by the Federal Government in trust;
       ``(ii) shall determine the sum of the percentages 
     determined under clause (i) for States with respect to which 
     the percentage is 4.5 or greater; and
       ``(iii) shall determine for each State included in the 
     determination under clause (ii) the percentage obtained by 
     dividing--

       ``(I) the percentage for the State determined under clause 
     (i); by
       ``(II) the sum determined under clause (ii).

       ``(B) Adjustment.--The Secretary shall--
       ``(i) reduce any percentage determined under subparagraph 
     (A)(iii) that is greater than 7.5 percent to 7.5 percent; and
       ``(ii) redistribute the percentage points equal to any 
     reduction under clause (i) among other States included in the 
     determination under subparagraph (A)(ii) in proportion to the 
     percentages for those States determined under subparagraph 
     (A)(iii).
       ``(2) Availability to states.--For each fiscal year, the 
     Secretary shall make funds available to carry out eligible 
     projects in a State in an amount equal to the amount obtained 
     by multiplying--
       ``(A) the percentage for the State, if any, determined 
     under paragraph (1); by
       ``(B) the funds made available for the program under 
     subsection (d) for the fiscal year.
       ``(c) Transfers.--Notwithstanding any other provision of 
     law, a State and the Secretary may agree to transfer amounts 
     made available to a State under this section to the 
     allocations of the State under section 202 for use in 
     carrying out projects on any Federal lands highway that is 
     located in the State.
       ``(d) Funding.--
       ``(1) In general.--Notwithstanding section 202 or any other 
     provision of law, for fiscal year 2004 and each fiscal year 
     thereafter, the Secretary shall transfer for use in 
     accordance with this section an amount equal to 50 percent of 
     the funds that would otherwise be allocated for the fiscal 
     year under the first sentence of section 202(b).
       ``(2) Contract authority.--Funds transferred for use in 
     accordance with this section shall be available for 
     obligation in the same manner as if the funds were 
     apportioned under chapter 1.''.
       (b) Conforming Amendment.--The analysis for chapter 2 of 
     title 23, United States Code, is amended by striking the item 
     relating to section 207 and inserting the following:

``207. Cooperative Federal lands transportation program.''.

     SEC. 10. MISCELLANEOUS PROGRAM IMPROVEMENTS.

       (a) Federal Share.--
       (1) In general.--Section 120 of title 23, United States 
     Code, is amended--
       (A) in subsection (b), by striking ``the percentage that 
     the area of all such lands in such State'' each place it 
     appears and inserting ``twice the percentage that the area of 
     all such lands in the State'';
       (B) in subsection (f)--
       (i) by striking ``and with the Department of the Interior'' 
     and inserting ``, the Department of the Interior, and the 
     Department of Agriculture''; and
       (ii) by striking ``and national parks and monuments under 
     the jurisdiction of the Department of the Interior'' and 
     inserting ``, national parks, national monuments, and 
     national forests under the jurisdiction of the Department of 
     the Interior or the Department of Agriculture''; and
       (C) by adding at the end the following:
       ``(m) Multistate Weight Enforcement Improvements.--The 
     Federal share of the

[[Page S10694]]

     cost of any project described in section 101(a)(3)(H) shall 
     be 100 percent if the project is to be used, or is carried 
     out jointly, by more than 1 State.''.
       (2) High priority projects program.--Section 117(c) of 
     title 23, United States Code, is amended by striking ``80 
     percent'' and inserting ``the share applicable under section 
     120(b)''.
       (3) Highway bridge replacement and rehabilitation 
     program.--Section 144 of title 23, United States Code, is 
     amended by striking subsection (f).
       (4) National scenic byways program.--Section 162(f) of 
     title 23, United States Code, is amended by striking ``80 
     percent'' and inserting ``the share applicable under section 
     120(b)''.
       (5) State planning and research.--Section 505(c) of title 
     23, United States Code, is amended by striking ``80 percent'' 
     and inserting ``the share applicable under section 120(b),''.
       (6) Intelligent transportation system integration 
     program.--Section 5208 of the Transportation Equity Act for 
     the 21st Century (23 U.S.C. 502 note; 112 Stat. 458) is 
     amended by striking subsection (f) and inserting the 
     following:
       ``(f) Federal Share.--The Federal share of the cost of a 
     project payable from funds made available to carry out this 
     section shall be the share applicable under section 120(b) of 
     title 23, United States Code.''.
       (7) Commercial vehicle intelligent transportation system 
     infrastructure deployment.--Section 5209 of the 
     Transportation Equity Act for the 21st Century (23 U.S.C. 502 
     note; 112 Stat. 461) is amended by striking subsection (e) 
     and inserting the following:
       ``(e) Federal Share.--The Federal share of the cost of a 
     project payable from funds made available to carry out this 
     section shall be the share applicable under section 120(b) of 
     title 23, United States Code.''.
       (b) Increased Flexibility in Addressing Railway-Highway 
     Crossings.--Section 130(e) of title 23, United States Code, 
     is amended by striking the first sentence and inserting the 
     following: ``Funds authorized for or expended under this 
     section may be used for installation of protective devices at 
     railway-highway crossings.''.
       (c) Flexibility in Improving Air Quality.--Section 149(c) 
     of title 23, United States Code, is amended--
       (1) in paragraph (1), by striking ``for any project 
     eligible under the surface transportation program under 
     section 133.'' and inserting the following: ``for any project 
     in the State that--
       ``(A) would be eligible under this section if the project 
     were carried out in a nonattainment or maintenance area; or
       ``(B) is eligible under the surface transportation program 
     under section 133.''; and
       (2) in paragraph (2), by striking ``for any project in the 
     State eligible under section 133.'' and inserting the 
     following: ``for any project in the State that--
       ``(A) would be eligible under this section if the project 
     were carried out in a nonattainment or maintenance area; or
       ``(B) is eligible under the surface transportation program 
     under section 133.''.
       (d) Broadened TIFIA Eligibility.--Section 182(a)(3) of 
     title 23, United States Code, is amended--
       (1) in subparagraph (A)(i), by striking ``$100,000,000'' 
     and inserting ``$25,000,000'';
       (2) by striking ``project costs'' and all that follows 
     through ``to be eligible'' and inserting the following: 
     ``project costs.--To be eligible'';
       (3) by striking subparagraph (B); and
       (4) by redesignating clauses (i) and (ii) as subparagraphs 
     (A) and (B), respectively, and indenting appropriately.
       (e) State Role in Selection of Forest Highway Projects.--
     Section 204(a) of title 23, United States Code, is amended by 
     adding at the end the following:
       ``(7) State role in selection of forest highway projects.--
     Notwithstanding any other provision of this title, no forest 
     highway project may be carried out in a State under this 
     chapter unless the State concurs in the selection of the 
     project.''.
       (f) Historic Bridge Eligibility.--Section 144(o) of title 
     23, United States Code, is amended--
       (1) in paragraph (3), by inserting ``200 percent of'' after 
     ``shall not exceed''; and
       (2) in paragraph (4)--
       (A) by redesignating subparagraphs (A) and (B) as clauses 
     (i) and (ii), respectively, and indenting appropriately;
       (B) by striking ``Any State'' and inserting the following:
       ``(A) In general.--Any State'';
       (C) in the second sentence--
       (i) by striking ``Costs incurred'' and inserting the 
     following:
       ``(B) Eligibility as reimbursable project costs.--
       ``(i) In general.--Costs incurred''; and
       (ii) by inserting ``200 percent of'' after ``not to 
     exceed''; and
       (D) by striking the third sentence and inserting the 
     following:
       ``(ii) Amount.--If a State elects to use funds apportioned 
     under this section to support the relocation of a historic 
     bridge, the eligible reimbursable project costs shall be 
     equal to the greater of the Federal share that would be 
     available for the construction of a new bicycle or pedestrian 
     bridge or 200 percent of the cost of demolition of the 
     historic bridge.
       ``(iii) Effect.--Nothing in clause (ii) creates an 
     obligation on the part of a State to preserve a historic 
     bridge.''.

     SEC. 11. MISCELLANEOUS PROGRAM EXTENSIONS AND TECHNICAL 
                   AMENDMENTS.

       (a) Railway-Highway Crossing Hazard Elimination.--Section 
     104(d)(2)(A) of title 23, United States Code, is amended by 
     striking ``for a fiscal year'' and inserting ``for each of 
     fiscal years 1998 through 2003''.
       (b) Minimum Guarantee.--Section 105 of title 23, United 
     States Code, is amended in subsections (a), (d), and (f) by 
     striking ``2003'' each place it appears and inserting 
     ``2009''.
       (c) High Priority Projects Program.--Section 117 of title 
     23, United States Code, is amended--
       (1) in subsection (a)--
       (A) by striking ``The Secretary'' and inserting the 
     following:
       ``(1) In general.--The Secretary'';
       (B) by striking ``Of amounts made available to carry out 
     this section,'' and inserting the following:
       ``(2) Availability of funds for fiscal years 1998 through 
     2003.--Of the funds made available to carry out this section 
     for each of fiscal years 1998 through 2003,''; and
       (C) by adding at the end the following:
       ``(3) Availability of funds for fiscal years 2004 through 
     2009.--
       ``(A) In general.--For each of fiscal years 2004 through 
     2009, the Secretary shall allocate the funds made available 
     to carry out this section to each of the 50 States and the 
     District of Columbia in accordance with the percentage 
     specified for each such State and the District of Columbia 
     under section 105.
       ``(B) Use of funds.--Funds allocated in accordance with 
     subparagraph (A) may be used for any project eligible under 
     this chapter that is designated by the State transportation 
     department as a high priority project.''; and
       (2) in subsection (b), by striking ``For'' and inserting 
     ``With respect to funds made available to carry out this 
     section for each of fiscal years 1998 through 2003, for''.
       (d) Highway Bridge Replacement and Rehabilitation 
     Program.--Section 144(g)(1) of title 23, United States Code, 
     is amended by adding at the end the following:
       ``(D) Fiscal years 2004 through 2009.--Of the amounts 
     authorized to be appropriated to carry out the bridge program 
     under this section for each of fiscal years 2004 through 
     2009, all but $100,000,000 shall be apportioned as provided 
     in subsection (e). That $100,000,000 shall be available at 
     the discretion of the Secretary.''.
       (e) Disadvantaged Business Enterprises.--Section 1101(b)(1) 
     of the Transportation Equity Act for the 21st Century (23 
     U.S.C. 101 note; 112 Stat. 113) is amended by striking ``of 
     this Act'' and inserting ``of this Act and the Maximum 
     Economic Growth for America Through Highway Funding Act''.
       (f) Puerto Rico Highway Program.--Section 1214(r)(1) of the 
     Transportation Equity Act for the 21st Century (112 Stat. 
     209) is amended by inserting ``, and funds authorized by 
     section 2(b)(7) of the Maximum Economic Growth for America 
     Through Highway Funding Act for each of fiscal years 2004 
     through 2009,'' after ``2003''.

     SEC. 12. EFFECTIVE DATE.

       Except as otherwise provided, this Act and the amendments 
     made by this Act take effect on October 1, 2003.
                                  ____


                                S. 3133

       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 ``Maximum Economic Growth for 
     America Through Highway Funding Part II Act'' or the ``MEGA 
     Fund Part II Act''.

     SEC. 2. AUTHORIZATION TO MAKE FUNDING AVAILABLE FROM THE 
                   HIGHWAY TRUST FUND.

       Section 9503(c)(1) of the Internal Revenue Code of 1986 
     (relating to expenditures from the Highway Trust Fund) is 
     amended--
       (1) in the first sentence--
       (A) by striking ``2003'' and inserting ``2009'';
       (B) in subparagraph (D), by striking ``or'' at the end;
       (C) in subparagraph (E), by striking the period at the end 
     and inserting ``, or''; and
       (D) by adding at the end the following:
       ``(F) authorized to be paid out of the Highway Trust Fund 
     under the Maximum Economic Growth for America Through Highway 
     Funding Act.''; and
       (2) in the second sentence, by striking ``TEA 21 
     Restoration Act'' and inserting ``Maximum Economic Growth for 
     America Through Highway Funding Act''.
                                  ____


               Mega Fund Act--Section-by-Section Analysis


                         section 1, short title

       This section sets forth the title of the bill.


               section 2. authorization of appropriations

       Subsection (a) would authorize the programs subject to the 
     Minimum Guarantee. The 5 principal apportioned programs of 
     TEA-21--Interstate Maintenance, National Highway System, 
     Surface Transportation Program, Bridge, Congestion Mitigation 
     and Air Quality Improvement (CMAQ)--would be significantly 
     increased. Collectively, they would grow from $20.2 billion 
     for FY 2003 to $28.6 billion by FY 2009. Also, they would 
     maintain their current proportion to one anther. The 
     Appalachian Highway program would be continued at present 
     levels of $450 million annually and the Recreational Trails 
     program increased to $75 million annually. A technical and 
     conforming provision in section 11 of the bill would extend 
     the Minimum

[[Page S10695]]

     Guarantee program--which would grow considerably by operation 
     of its own terms.
       The High Priority Projects program would be continued but 
     reduced from nearly $1.8 billion in FY 2003 to a still-
     generous $1 billion for each of FYs 2004-2009. The bill does 
     not pretend that high priority projects will go away, but 
     tries to set a realistic goal of reducing them, providing 
     States a wider role in administering the program.
       Subsection (b) would authorize $2 billion annually for the 
     new economic and demographic barriers program set forth in 
     section 5 of the bill.
       Subsection (c) would authorize additional programs. The 
     borders program and the corridors program would be separately 
     authorized, at $100 million annually each. Federal lands 
     highways programs are reauthorized and increased to the 
     following annual levels: Indian Reservation Roads, $300 
     million; Public Land Highways, $350 million; Park Roads, $300 
     million; and Refuge Roads, $35 million. The programs for 
     ferry boats and terminals, scenic byways, and highways in 
     Puerto Rico would be reauthorized at increased annual levels 
     of $50 million, $30 million, and $130 million, respectively.
       The program to combat highway use tax evasion would be 
     significantly increased, from $5 million today to $40 million 
     annually from FYs 2004-2009. This is an important investment. 
     Improved compliance with highway tax obligations will 
     increase revenues available for the program.
       Subsection (d) would double, to $50 million annual, the 
     TCSP program. Subsection (e) would continue the National 
     Historic Bridge Preservation program at $10 million annually. 
     Subsection (f) would continue the program for incentive 
     grants for seat belt use at $115 million annually. Subsection 
     (g) would continue current research programs at current 
     levels. Subsection (h) would authorize $75 million annually 
     for 6 years for a new Future Strategic Highway Research 
     Program (``FSHRP''). Subsection (i) would continue the 
     current authorization for magnetic levitation deployment of 
     such sums as may be necessary. Subsection (j) would continue 
     authorization for the TIFIA program at current levels of $130 
     million annually.


                     Section 3, Obligation Ceiling

       This section amends the obligation ceiling provision of 
     TEA-21 to set the obligation limit for FYs 2004-2009 and to 
     make a handful of changes. The non-technical provisions of 
     the section include the following.
       Paragraph (a)(1) sets the annual obligation ceilings, 
     starting at $34 billion for FY 2004 and rising gradually to 
     $39 billion for FY 2008 and $41 billion for FY 2009. 
     Paragraph (a)(2) continues current exemptions from the 
     obligation ceiling. Paragraph (a)(3) includes an amendment 
     that would newly provide the Indian Reservation Roads program 
     with obligation authority equal to authorizations. Paragraph 
     (a)(5) would continue the practice of setting a separate 
     obligation limit for research. Paragraph (a)(7) would provide 
     for obligation authority to be increased when called for by 
     the terms of the RABA provision. Paragraph (a)(8) would set a 
     distinct obligation limit on administrative expenses.


   Section 4, Reliable Highway Program Levels; Revisions to Revenue 
                        Aligned Budget Authority

       Subsection (a) of section 4 sets forth the Sense of the 
     Senate as to why RABA should be continued but improved. 
     Subsection (a) recites that under current law the balance in 
     the Highway Account has grown, denying the public the benefit 
     of the user taxes paid. It also recites that the RABA 
     calculation mechanism has led to annual program levels that 
     differ widely from prior estimates. In addition, the current 
     law produced an estimate of large ``negative RABA'' for 
     fiscal year 2003, a result that Congress found to be totally 
     unacceptable. Congress proceeded to eliminate FY 2003 
     negative RABA through enactment of legislation (section 1402 
     of Public Law No. 107-206).
       Subsection (b) would carry forward firewalls and continue 
     and improve RABA. Paragraphs (b)(1)-(3) would continue 
     firewalls. They would make clear that no spending limits may 
     be imposed to limit highway program obligations below the 
     level of the obligation limit for that year, plus amounts 
     exempt from the obligation limit for that year, plus any 
     applicable upward adjustment due to RABA. The provisions 
     would also protect any outlays made pursuant to the protected 
     obligation (and exempt) levels.
       Paragraphs (b)(4) and (5) would continue and improve RABA. 
     Under the provisions there would be no negative RABA. As a 
     result, States and the public would be able to count on 
     receiving at least the specified program levels.
       The determination of whether additional funding would be 
     automatically provided, above the levels set in the 
     obligation provision, would be based on the balance in the 
     Highway Account, not based on current year revenue. Under 
     current law, with program levels keyed to Highway Account 
     income, the current balance is locked up. One can only access 
     Account income, not the balance, even though the user taxes 
     residing in the Account were paid with the expectation that 
     they would be invested in the highway program.
       As to the specifics of potential upward adjustment in 
     obligation authority under this provision, a key point of 
     reference for the calculations is that Congress should 
     attempt to achieve a prudent, though not overly cautious 
     balance in the Highway Account of approximately $5 billion at 
     the end of FY 2009. As the bill properly deletes negative 
     RABA, it takes a cautious approach to allowing positive RABA 
     in the initial years of the bill, not paying out all funds.
       Thus, as provided in paragraph (5) if, when the FY 2005 
     budget is submitted, it is estimated that, but for upward 
     adjustment of obligation levels, the balance in the Account 
     as of the close of fiscal year 2009 would exceed $7 billion, 
     then there would be an upward adjustment in FY 2005 
     obligation levels of 50% of the estimated excess over that $7 
     billion balance.
       However, as the RABA payments are geared towards the fund 
     balance, the 50% of any calculated ``excess'' for a year that 
     is ``forgone'' in that year is not ``lost'' to the highway 
     program, only delayed in release, if the estimates hold firm 
     over the years. By FY 2009, the provision would pay out as 
     RABA, the full excess over a $5 billion balance in the 
     Highway Account.
       This approach constrains upward adjustments in RABA 
     obligations during the early years of the bill out of respect 
     for the possibility that revenues could be disappointing 
     during the later years of the bill. But this approach still 
     allows the currently large balance in the Highway Account to 
     be put to work.
       Subsection (b) concerns budgetary protection only for the 
     highway program, as it was developed in conjunction with 
     provisions concerning that program. Subsection (b) does not 
     establish specific budget protections for highway safety and 
     transit programs. Accordingly, subsection (c) of this section 
     includes a Sense of the Senate resolution that appropriate 
     protections for such programs, developed in conjunction with 
     proposals for such programs, should be included in final 
     legislation reauthorizing highway and transit programs.


 section 5, assistance in overcoming economic and demographic barriers

       Section 5 would create a new type of program that would 
     provide $2 billion per year to assist States in overcoming 
     certain economic and demographic characteristics that can 
     make it more difficult to meet transportation challenges.
       Five challenges are recognized under this section: low 
     population density ($625 million), high population density 
     ($625 million), low income ($600 million), high population 
     growth ($75 million), and high levels of State road ownership 
     ($75 million). In each category, the amount of funds 
     distributed to a State is increased when the degree of the 
     challenge is more extreme.
       Once received by a State, these funds are to be treated as 
     if received in the same proportion as the State's 
     apportionments under the Interstate Maintenance, National 
     Highway System, Surface Transportation Program, Bridge, 
     Congestion Mitigation and Air Quality programs and would be 
     subject to the administrative rules governing those programs.


                      section 6, emergency relief

       The Emergency Relief program, 23 U.S.C. 125, has been under 
     funded for years. This section would double the Emergency 
     Relief authorization from the Highway Account of the Highway 
     Trust Fund from $100 million to $200 million annually. It 
     also includes language limiting the Highway Account's annual 
     contribution to the program to a maximum of that level. This 
     in no way limits the ability of the Congress to respond 
     rapidly to emergencies, but it does address the degree to 
     which the Highway Account should be financing the response.


    Section 7, Increased Stability of Distribution Under Allocation 
                                Programs

       Under this section States would be provided assurance of 
     receiving at least some funding under some of these programs, 
     while leaving some funding for treatment on a discretionary 
     basis. Thus, under subsections (c) and (d), 50 per cent of 
     the funds for the TCSP and ITS deployment programs would be 
     distributed to the States based on their Minimum Guarantee 
     percentage shares, leaving the balance for discretionary 
     distribution. As these programs grow, it is appropriate to 
     move in the direction of mainstreaming their distribution, so 
     that all States participate.
       In addition, under subsections (a) and (b), concerning the 
     separately funded border infrastructure and corridor 
     programs, each border state, within the meaning of the border 
     program, would receive at least 2 per cent of the program's 
     funds. This leaves most of the funds for discretionary 
     distribution but ensures some participation by the border 
     states in these programs.


              Section 8, Historic Park Roads and Parkways

       This section would ensure that, in the administration of 
     the park roads and parkways program, older and intensively 
     used national parks receive some priority in funding. There 
     are major parks, national treasures, where the roads in the 
     parks or providing access to them were initially constructed 
     before 1940 and are in need of serious attention. This 
     provision focuses on such parks that handle many visitors, 
     specifically those with over 1 million visitor days per year. 
     The bill does not ignore other park and parkway needs, as the 
     proposed increase represents an increase apart from this 
     section's requirement that some funds be dedicated to these 
     high-use, old infrastructure parks.


      Section 9, Cooperative Federal Lands Transportation Program

       This section would ensure that at least some of the 
     discretionary public lands funding goes to States with 
     significant public

[[Page S10696]]

     lands holdings, in proportion to the extent to which the land 
     in such States is owned by the Federal Government (or held by 
     the Federal Government in trust). The provision should make 
     the delivery of our public lands highway projects more 
     effective and efficient. While leaving significant funds for 
     discretionary distribution, by making the distribution of 
     some funds more regular, the provision would allow States to 
     work with Federal agencies on projects on a longer term and 
     more regular basis.


             Section 10, Miscellaneous Program Improvements

       This section contains a number of modest program 
     improvements. Under subsection (c) a State that has the 
     flexibility to use CMAQ funds for highway projects in 
     attainment areas could use those funds for projects in 
     attainment areas that would help prevent pollution. 
     Subsection (e) would codify current practice, under which 
     forest highway projects are not undertaken in a State without 
     the concurrence of the State. Subsection (d) would allow 
     small States the potential to participate in the TIFIA credit 
     program, by lowering the project threshold under that program 
     to $25 million from $100 million. Subsection (b) would 
     increase State flexibility in choosing rail-highway crossing 
     projects. Subsection (a) would correct anomalies in highway 
     statutes that result in inadequate recognition of the 
     economic difficulties facing States with large Federal land 
     holdings.
       States with significant Federal lands have greater 
     difficulty raising the non-Federal match for Federal projects 
     due to the restrictions on the use of Federal lands for 
     economic activity and the inability of the States to tax such 
     lands. Thus, the basic rule in title 23 of the U.S. Code has 
     long been that the non-Federal match is reduced in such 
     States. Yet careful review of title 23 reveals many 
     provisions, including even the bridge program, which do not 
     follow this general rule. This section would update the 
     Federal lands match provision, to reflect the greater 
     difficulty in raising match faced by such States and to 
     ensure that the principle of the reduced match for Federal 
     lands States is applied to all major elements of the highway 
     program.
       The subsection on Historic Bridges would allow states to 
     use bridge program funds up to an amount not to exceed 200 
     percent of the cost of demolishing a historic bridge. 
     Additionally, this subsection repeals the prohibition on the 
     use of Federal-aid highway funds in the future, for projects 
     associated with such bridges after the bridge has been 
     donated.
       This flexibility does not create an obligation on the state 
     to fund preservation or relocation of a historic bridge.


  section 11, miscellaneous program extensions and technical revisions

       This largely technical section would: not extend a takedown 
     of surface transportation program funds that has been used to 
     support a narrow class of projects; continue the Minimum 
     Guarantee program, the discretionary bridge program, Puerto 
     Rico highway program, and the DBE program. Given overall 
     funding increases, the provision does not extent the 
     Interstate Maintenance Discretionary program, further 
     increasing funds available to all the States under that 
     program. It establishes a placeholder for distribution of 
     funds for high priority projects.


                       section 12, effective date

       Under this section the provisions of the bill would take 
     effect on October 1, 2003.

          Mega Fund Act, Part II--Section-by-Section Analysis


                         section 1, short title

       This section sets forth the title of the bill.


                               section 2

       This section amends section 9503(c) of the United States 
     Internal Revenue Code to allow expenditures pursuant to the 
     Mega Fund Act to be available from the Highway Trust Fund.
                                 ______