[Senate Report 108-154]
[From the U.S. Government Publishing Office]
Calendar No. 287
108th Congress Report
SENATE
1st Session 108-154
======================================================================
TRANSPORTATION EXTENSION ACT OF 2003
_______
September 24, 2003.--Ordered to be printed
_______
Mr. Inhofe, from the Committee on Environment and Public Works,
submitted the following
R E P O R T
[to accompany S. 1640]
The Committee on Environment and Public Works, to which was
referred the bill (S. 1640) to provide an extension of highway
programs funded out of the Highway Trust Fund pending enactment
of a law reauthorizing the Transportation Equity Act for the
21st Century, having considered the same, reports favorably
theron with amendments, and recommends that the bill, as
amended, do pass.
General Statement
Background
The Transportation Equity Act for the 21st Century was
enacted June 9, 1998 as Public Law 105-178. It authorized the
Federal surface transportation programs for highways, highway
safety, and transit for the 6-year period between 1998-2003.
The TEA-21 Restoration Act, enacted July 22, 1998, provided
technical corrections to the original law.
TEA-21 was the successor of the Intermodal Surface
Transportation Efficiency Act of 1991 (ISTEA), which was
landmark authorizing legislation for surface transportation.
TEA-21 combined the continuation and improvement of ISTEA with
new initiatives to meet greater challenges of improving
mobility and safety, while protecting and enhancing the human
and natural environments.
With the expiration of TEA-21, transportation remains a
vital investment in the American economy. Present challenges
make the timely reauthorization of TEA-21 a top priority.
According to a survey of the American Association of State
Highway and Transportation Officials, a delay in passage of a
full six-year reauthorization bill could compound state budget
problems and result in delayed construction projects, added
construction costs, and lost jobs. The Committee on Environment
and Public Works is committed to completing a six-year
comprehensive bill. In the interim, this short-term extension
is necessary to continue the Federal surface transportation
programs while work continues on the six-year bill. The
extension authorizes funding for five months based on the 2004
budget resolution figures. This amounts to a 7 percent increase
in highway funding over 2003 levels, which results in an
estimated 100,000 new jobs. A comprehensive reauthorization
bill drafted at $255 billion over six years, as proposed by the
Committee, will create approximately two million new jobs.
Section-By-Section Analysis
Section 1. Short Title
This section designates the title of the bill as the
``Transportation Extension Act of 2003''.
Sec. 2. Advances
SUMMARY
This section provides contract authority from the Highway
Trust Fund for the apportioned programs.
DISCUSSION
Under subsection (a), the Secretary of Transportation shall
apportion funds to each State in the ratio that: 1) the total
fiscal year 2003 obligation authority of the State for funds
apportioned for the Federal-aid program; bears to 2) the total
fiscal year 2003 obligation authority for all States for funds
apportioned for the Federal-aid highway program.
Subsection (b) identifies the programs to which funds are
apportioned, including the Interstate Maintenance Program;
National Highway System; Bridge Program; Surface Transportation
Program; Congestion Mitigation and Air Quality, Recreational
Trails; Appalachian Development Highway; and Minimum Guarantee.
The amount that each State shall be apportioned shall be
determined by multiplying:
(A) the amount apportioned to the State under subsection
(a); by
(B) the ratio that (i) the amount of funds apportioned for
the item to the State for fiscal year 2003; bears to (ii) the
total of the amount of funds apportioned for all items under
paragraph (1) to the State for fiscal year 2003.
Funds authorized for this Act, under subsection (d), shall
be administered as if the funds had been apportioned,
allocated, deducted, or set aside, under title 23, United
States Code; however, the deductions and set-asides in sections
104(a)(1)(A), 104(a)(1)(B), 104(b)(1)(A), 104(d)(1), 104(d)(2),
104(f)(1), 104(h)(1), 118(c)(1), 140(b), 140(c), and 144(g)(1)
of title 23, United States Code, do not apply.
In carrying out the minimum guarantee program, the
$2,800,000,000 under section 105(c) of title 23, United States
Code, is treated as being $1,116,667,000 under this extension
Act. The aggregate amount apportioned to the minimum guarantee
program shall be treated as amounts under section 105.
Under subsection (c), the Secretary shall reduce the amount
that would be apportioned, but for this section, to a State for
programs under chapter 1 of title 23, United States Code, for
fiscal year 2004, under a law reauthorizing the Federal-aid
highway program enacted after the date of enactment of this Act
by the amount that is apportioned to each State under
subsection (a) and section 5(c) for each such program. The
Secretary may establish procedures under which funds
apportioned by this Act, and are not authorized under a
subsequent law reauthorizing the Federal-aid highway program,
may be restored to the Federal-aid highway program.
Subsection (d) amends section 1101 of the Transportation
Equity Act for the 21st Century to authorize $13,624,305,000
from the Highway Trust Fund (other than the Mass Transit
Account) to carry out this section 2(a) of this Act. Funds
apportioned under section 2(a) are subject the obligation
limitation and are available for obligation in the same manner
as if the funds were apportioned under chapter 1 of title 23,
United States Code.
Subsection (e) provides obligation authority for the period
of this Act. States will receive an amount of highway program
obligation authority (i.e., made available under an
appropriation Act for fiscal year 2004) equal to the greater
of: 1) the State's unobligated balance of apportionments as of
October 1, 2003 (except unobligated balances of contract
authority from minimum guarantee and the Appalachian
development highway system apportionments), or 2) 5/12ths of
the State's total fiscal year 2003 obligation authority. In
total, no State receives greater than 75 percent of its total
fiscal year 2003 obligation authority. The bill sets an overall
obligation limitation of $14,771,286,000. Exempt from the
limitation is $266,250,000 for minimum guarantee. After
February 29, 2004, States cannot obligate any funds until the
date of enactment of a multiyear law reauthorizing the Federal-
aid highway program.
Subsection (f) amends section 110 of Title 23 so that the
Revenue Aligned Budget Authority provision does not apply to
funds provided under this Act.
Sec. 3. Transfer of Unobligated Apportionments
SUMMARY
This section provides the transfer of funds among
apportionments.
DISCUSSION
This section allows States to transfer any funds
apportioned to programs under section 104(b) of title 23,
United States Code (including amounts apportioned under section
104(b)(3) or set aside, made available, or suballocated under
section 133(d) or section 144 of title 23, United States Code).
The transfer provision applies to apportionments made available
before, on, or after the date of enactment of this Act, that
are subject to any limitation on obligations, and are not
already obligated to any of the programs. After the enactment
of a multiyear law reauthorizing the Federal-aid highway
program, the Secretary shall restore any transferred funds that
are eligible only under enactment of this Act will be restored
to the program category from which the funds were transferred.
The Committee encourages United States Department of
Transportation to ensure that the states reconcile any
transfers of funds within one year of enactment of the full,
long-term reauthorization. It is the intent of the Committee to
more closely follow the flexibility provisions in TEA 21 in the
event of any subsequent extension to this program's
authorization.
Sec. 4. Administrative Expenses
SUMMARY
This section provides contract authority for administrative
expenses.
DISCUSSION
In lieu of deductions from other funding categories, the
Act provides a set amount of $187,500,000 from the Highway
Trust Fund for administrative expenses of the Federal-aid
Highway Program, for fiscal year 2004.
Sec. 5. Other Federal-Aid Highway Programs
SUMMARY
This section authorizes funds for allocated programs under
this ActDiscussion
Subsection (a) authorizes funding for programs under Title
I of the Transportation Equity Act for the 21st Century, at 5/
12ths the level authorized for fiscal year 2003. Subsection
(a)(1) authorizes funding for the Federal Lands Program (Indian
reservation roads, public lands highways, park roads and
parkways, and refuge roads). Subsection (a)(2) authorizes
funding for the National Corridor Planning and Development and
Coordinated Border Infrastructure Programs. Subsection (a)(3)
authorizes funding for the Ferry Boat Program, and additional
set-asides for Alaska, New Jersey, and Washington. Subsection
(a)(4) authorizes funding for the National Scenic Byways
Program. Subsection (a)(5) authorizes funding for Value Pricing
Program. Subsection (a)(6) authorizes funding for the Highway
Use Tax Evasion Program. Subsection (a)(7) authorizes funding
for the Commonwealth of Puerto Rico Highway Program. Subsection
(a)(8) authorizes funding for Transportation and Community and
System Preservation Pilot Program. Subsection (a)(9) authorizes
funding for the Transportation Infrastructure Finance and
Innovation Program.
Subsection (b) authorizes funding for programs under Title
V of the Transportation Equity Act for the 21st Century, at 5/
12ths the level authorized for fiscal year 2003. Subsection
(b)(1) authorizes funding for surface transportation research.
Subsection (b)(2) authorizes funding for the technology
deployment program. Subsection (b)(3) authorizes funding for
training and education. Subsection (b)(4) authorizes funding
for the Bureau of Transportation Statistics. Subsection (b)(5)
authorizes funding for ITS standards, research, operational
test, and development. Subsection (b)(6) authorizes funding for
the ITS deployment program. Subsection (b)(7) authorizes
funding for university transportation research.
Subsection (c) authorizes a funding amount for metropolitan
planning, in lieu of amounts deducted from other programs
according to section 104 of title 23, United States Code. The
Secretary shall distribute funds made available by this
subsection to the States in accordance with section 104(f)(2)
of title 23, United States Code.
Subsection (d) authorizes a funding amount for the Virgin
Islands, Guam, American Samoa, and the Commonwealth of the
Northern Mariana Islands, in lieu of the amounts deducted from
other programs according to section 104(d)(1) of title 23,
United States Code.
Section (e) authorizes a funding amount for operation
lifesaver, in lieu of amounts deducted from other programs
according to section 104 of title 23, United States Code.
Subsection (f) authorizes funding the bridge discretionary
program.
Subsection (g) authorizes funding for the interstate
maintenance program. The project selection criteria in section
118(c)(2) of title 23, United States Code, shall apply to
amounts made available by this subsection.
Subsection (h) authorizes a funding amount for recreational
trails administrative costs, in lieu of the amount set-aside
from the recreational trails program under section 104(h)(1) of
title 23, United States Code. The Secretary shall distribute
funds made available by this subsection to the States in
accordance with section 104(f)(2) of title 23, United States
Code.
Subsection (i) authorizes a funding amount for railway-
highway crossing hazard elimination, in lieu of the amount to
be deducted according to section 104(d)(2) of title 23, United
States Code.
Subsection (j) amends section 157 of title 23, United
States Code to continue the incentive program for States to
increase seat belt use rates. Change have been made to dates
throughout the section to reflect the time period of the this
Act. A provision is added to allow the Secretary to use amounts
available under this subsection to make innovative project
allocations, before making incentive grants.
Subsection (k) authorizes funding for the continuation of
incentive grants to prevent the operation of motor vehicles by
intoxicated drivers. A provision is added to indicate that
amounts made available under this subsection shall be used to
support national mobilization that target impaired drivers.
Subsection (l) authorizes a funding amount for the skills
training program, in lieu of the amount deducted under section
104(b) of title 23, United States Code. This subsection also
authorizes a funding amount for the on-the-job training
program, in lieu of the amount deducted under section 104(c) of
title 23, United States Code
According to subsection (m) funds authorized by the
amendments made by this section shall be administered as if the
funds had been apportioned, allocated, deducted, or set aside,
as the case may be, under title 23, United States Code (except
that the deductions under sections 104(a)(1)(A) and
104(a)(1)(B) of title 23, United States Code, shall not apply
to funds made available by the amendment made by subsection
(a)(1)).
Subsection (n) requires the Secretary to reduce the amount
that would be made available, but for this section, for fiscal
year 2004 for allocation under a program, that is continued
both by a law reauthorizing the program enacted after the date
of enactment of this Act and by this section, by the amount
made available for the program by this section.
Subsection (o) allows the Secretary to establish procedures
under which funds allocated under this section for fiscal year
2004, for a program category for which funds are not authorized
for fiscal year 2004 under a multiyear law reauthorizing the
Federal-aid highway program enacted after the date of enactment
of this Act may be restored to the Federal-aid highway program.
Sec. 6. Sport Fishing and Boating Safety
SUMMARY
This section continues authorization for sport fishing and
boat safety programs.
DISCUSSION
Subsection (a) authorizes funding for the continuation of
outreach to increase participation in angling and boating while
reminding boaters of the importance of clean aquatic habitat.
Subsection (b) authorizes funding for the continuation of
the grant program for States to construct pumpout and dump
stations to dispose of vessel sewage from recreational boaters.
Legislative History
A bill, S. 1640, to provide and extension of highway
programs funded out of the Highway Trust Fund pending enactment
of a law reauthorizing the Transportation Equity Act for the
21st Century, was introduced by Senator Inhofe and 10
cosponsors on September 22, 2003. The bill extends the
authority of TEA-21 until February 29, 2004. The Committee on
Environment and Public Works considered the bill and ordered it
reported to the Senate at a meeting on September 23, 2003.
Rollcall Votes
On September 23, 2003, the Committee on Environment and
Public Works considered S. 1640 and reported it to the Senate.
A motion to report the was agreed to by voice vote.
Regulatory Impact Statement
In compliance with section 11(b) of rule XXVI of the
Standing Rules of the Senate, the committee makes evaluation of
the regulatory impact of the reported bill.
The bill does not create any additional regulatory burdens,
nor will it cause any adverse impact on the personal privacy of
individuals.
Mandates Assessment
In compliance with the Unfunded Mandates Reform Act of 1995
(Public Law 104-4), the committee finds that S. 1640 would not
impose Federal intergovernmental unfunded mandates on State,
local, or tribal governments.
Cost of Legislation
Section 403 of the Congressional Budget and Impoundment
Control Act requires that a statement of the cost of the
reported bill, prepared by the Congressional Budget Office, be
provided to the Senate. That statement will be printed in the
Congressional Record when it becomes available.
Changes in Existing Law
In compliance with section 12 of rule XXVI of the Standing
Rules of the Senate, changes in existing law made by the bill
as reported are shown as follows: Existing law proposed to be
omitted is enclosed in [black brackets], new matter is printed
in italic, existing law in which no change is proposed is shown
in roman:
TRANSPORTATION EQUITY ACT FOR THE 21st CENTURY
[Public Law 105-178]
[As Amended Through Public Law 107-142, Feb. 12, 2002]
SEC. 1101. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--The following sums are authorized to be
appropriated out of the Highway Trust Fund (other than the Mass
Transit Account):
(1) * * *
* * * * * * *
(8) Federal lands highways program.--
(A) Indian reservation roads.--For Indian
reservation roads under section 204 of such
title $225,000,000 for fiscal year 1998 and
$275,000,000 for each of fiscal years 1999
through 2003 and $114,583,000 for the period
beginning October 1, 2003, and ending February
29, 2004 (except that the minimum amount made
available for that period that the Secretary,
in cooperation with the Secretary of the
Interior, shall reserve for Indian reservation
road bridges under section 202(d)(4) of title
23, United States Code, shall be $5,416,000
instead of $13,000,000).
(B) Public lands highways.--For public
lands highways under section 204 of such title
$196,000,000 for fiscal year 1998 and
$246,000,000 for each of fiscal years 1999
through 2003 and $102,500,000 for the period
beginning October 1, 2003, and ending February
29, 2004.
(C) Park roads and parkways.--For park
roads and parkways under section 204 of such
title $115,000,000 for fiscal year 1998 and
$165,000,000 for each of fiscal years 1999
through 2003 and $68,750,000 for the period
beginning October 1, 2003, and ending February
29, 2004.
(D) Refuge roads.--For refuge roads under
section 204 of such title $20,000,000 for each
of fiscal years 1999 through 2003 and
$8,333,000 for the period beginning October 1,
2003, and ending February 29, 2004.
(9) National corridor planning and development and
coordinated border infrastructure programs.--For the
national corridor planning and development and
coordinated border infrastructure programs under
sections 1118 and 1119 of this Act $140,000,000 for
each of fiscal years 1999 through 2003 and $58,333,000
for the period beginning October 1, 2003, and ending
February 29, 2004.
(10) 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) $30,000,000
for each of fiscal year 1998 and $38,000,000 for each
of fiscal years 1999 through 2003 for each of fiscal
year 1998'' and all that follows and inserting ``for
fiscal year 1998, $38,000,000 for each of fiscal years
1999 through 2003, and $15,833,000 for the period
beginning October 1, 2003, and ending February 29,
2004.
(11) National scenic byways program.--For the
national scenic byways program under section 162 of
title 23, United States Code, $23,500,000 for each of
fiscal years 1998 and 1999, $24,500,000 for each of
fiscal years 2000 and 2001, and $25,500,000 for fiscal
year 2002, [and] $26,500,000 for fiscal year 2003, and
$11,041,000 for the period beginning October 1, 2003,
and ending February 29, 2004.
(12) Value pricing pilot program.--For the value
pricing pilot program under section 1012(b) of the
Intermodal Surface Transportation Efficiency Act of
1991 (23 U.S.C. 149 note; 105 Stat. 1938) $7,000,000
for fiscal year 1999, [and] $11,000,000 for each of
fiscal years 2000 through 2003, and $4,583,000 for the
period of October 1, 2003, through February 29, 2004.
* * * * * * *
(14) Highway use tax evasion projects.--For highway
use tax evasion projects under section 143 of such
title $10,000,000 for fiscal year 1998 and $5,000,000
for each of fiscal years 1999 through 2003, and
$2,083,000 for the period beginning October 1, 2003,
and ending February 29, 2004.
(15) Commonwealth of puerto rico highway program.--
For the Commonwealth of Puerto Rico highway program
under section 1214(r) of this Act $110,000,000 for
fiscal years 1998 through 2003 and $45,833,000 for the
period beginning October 1, 2003, and ending February
29, 2004.
* * * * * * *
(c) Advance Authorization.--
(1) In general.--There shall be available from the
Highway Trust Fund (other than the Mass Transit
Account) to carry out section 2(a) of the
Transportation Extension Act of 2003 $13,624,305,000
for the period beginning October 1, 2003, and ending
February 29, 2004.
(2) Special rule.--Funds apportioned under section
2(a) of the Transportation Extension Act of 2003 shall
be subject to a limitation on obligations for Federal-
aid highways and highway safety construction programs.
(3) Contract authority.--Funds made available by
this subsection shall be available for obligation in
the same manner as if the funds were apportioned under
chapter 1 of title 23, United States Code.
(d) Transportation Infrastructure Finance and Innovation.--
(1) In general.--There shall be available from the
Highway Trust Fund (other than the Mass Transit
Account) $54,166,000 to the Secretary to carry out the
program under subchapter II of chapter 1 of title 23,
United States Code, for the period beginning October 1,
2003, and ending February 29, 2004.
(2) Administrative costs.--Of the funds made
available under paragraph (1), not more than $833,000
shall be available for administrative costs.
(3) Contract authority.--Funds made available by
this subsection shall be--
(A) available for obligation, except as
provided in this section, in the same manner as
if the funds were made available under section
188 of title 23, United States Code; and
(B) subject to any limitation on
obligations for Federal-aid highways and
highway safety construction programs.
(4) Limitation on credit amounts.--For the period
beginning October 1, 2003, and ending February 29,
2004, principal amounts of Federal credit instruments
made available under subchapter II of chapter 1 of
title 23, United States Code, shall be limited to
$1,300,000,000.
(e) Metropolitan Planning.--
(1) In general.--In lieu of the amount set aside
under section 104(f) of title 23, United States Code,
there shall be available from the Highway Trust Fund
(other than the Mass Transit Account) to carry out
section 134 of title 23, United States Code,
$81,166,000 for the period beginning October 1, 2003,
and ending February 29, 2004.
(2) Distribution of funds.--The Secretary shall
distribute funds made available by this subsection to
the States in accordance with section 104(f)(2) of
title 23, United States Code.
(3) Contract authority.--Funds made available by
this subsection shall--
(A) be available for obligation in the same
manner as if the funds were apportioned under
chapter 1 of title 23, United State Code; and
(B) shall be subject to a limitation on
obligations for Federal-aid highways and
highway safety construction programs.
(f) Territories.--
(1) In general.--In lieu of the amounts deducted
under section 104(b)(1) of title 23, United States
Code, there shall be available from the Highway Trust
Fund (other than the Mass Transit Account) for the
Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands
$15,166,000 for the period beginning October 1, 2003,
and ending February 29, 2004.
(2) Contract Authority.--Funds made available by
this subsection shall--
(A) be available for obligation in the same
manner as if the funds were apportioned under
chapter 1 of title 23, United States Code; and
(B) shall be subject to a limitation on
obligations for Federal-aid highways and
highway safety construction programs.
(g) Operation Lifesaver.--
(1) In general.--In lieu of the amount set aside
under section 104(d)(1) of title 23, United States
Code, there shall be available from the Highway Trust
Fund (other than the Mass Transit Account) to carry out
the operation lifesaver program under that section
$208,000 for the period beginning October 1, 2003, and
ending February 29, 2004.
(2) Contract authority.--Funds made available by
this subsection shall--
(A) be available for obligation in the same
manner as if the funds were apportioned under
chapter 1 of title 23, United States Code; and
(B) shall be subject to a limitation on
obligations for Federal-aid highways and
highway safety construction programs.
(h) Bridge Discretionary Program.--
(1) In general.--There shall be available from the
Highway Trust Fund (other than the Mass Transit
Account) $41,666,000 to the Secretary for use at the
discretion of the Secretary in carrying out section
144(g) of title 23, United States code, for the period
beginning October 1, 2003, and ending February 29,
2004.
(2) Contract authority.--Funds made available by
this subsection shall--
(A) be available for obligation in the same
manner as if the funds were apportioned under
chapter 1 of title 23, United States Code; and
(B) shall be subject to a limitation on
obligations for Federal-aid highways and
highway safety construction programs.
(i) Interstate Maintenance.--
(1) In general.--There shall be available from the
Highway Trust Fund (other than the Mass Transit
Account) $41,666,000 to the Secretary to carry out
projects described in section 118(c)(1) of title 23,
United States Code, for the period beginning October 1,
2003, and ending February 29, 2004.
(2) Project selection criteria.--The project
selection criteria in section 118(c)(2) of title 23,
United States Code, shall apply to amounts made
available by this subsection.
(3) Contract authority.--Funds made available by
this subsection shall--
(A) be available for obligation in the same
manner as if the funds were apportioned under
chapter 1 of title 23, United States Code;
(B) be subject to a limitation on
obligations for Federal-aid highways and
highway safety construction programs; and
(C) remain available until expended.
(j) Recreational Trails Administrative Costs.--
(1) In general.--In lieu of the amount to be
deducted under section 104(h)(1) of title 23, United
States Code, there shall be available from the Highway
Trust Fund (other than the Mass Transit Account) to the
Secretary to pay costs incurred by the Secretary
described in that section $312,000 for the period
beginning October 1, 2003, and ending February 29,
2004.
(2) Contract authority.--Funds made available by
this subsection shall--
(A) be available for obligation in the same
manner as if the funds were apportioned under
chapter 1 of title 23, United States Code; and
(B) shall be subject to a limitation on
obligations for Federal-aid highways and
highway safety construction programs.
(k) Railway-Highway Crossing Hazard Eliminations in High
Speed Rail Corridors.--
(1) Funding.--
(A) In general.--Except as provided in
subparagraph (B), in lieu of the amount to be
set aside under section 104(d)(2) of title 23,
United States Code, there shall be available
from the Highway Trust Fund (other than the
Mass Transit Account) to the Secretary for
elimination of hazards of railway-highway
crossings in accordance with that section
$2,187,000 for the period beginning October 1,
2003, and ending February 29, 2004.
(B) Exception.--Not less than $104,000
(instead of $250,000) shall be available for
the period beginning October 1, 2003, and
ending February 29, 2004, for eligible
improvements described in section 104(d)(2)(E)
of title 23, United States Code.
(2) Contract authority.--Funds made available by
this subsection shall--
(A) be available for obligation in the same
manner as if the funds were apportioned under
chapter 1 of title 23, United States Code; and
(B) be subject to a limitation on
obligations for Federal-aid highways and
highway safety construction programs.
(l) Seat Belt Safety Incentive Grants.--
(1) Authorization.--There shall be available from
the Highway Trust Fund (other than the Mass Transit
Account) to carry out section 157 of title 23, United
States Code, $46,666,000 for the period beginning
October 1, 2003, and ending February 29, 2004.
(2) Contract authority.--Funds made available by
this subsection shall--
(A) be available for obligation in the same
manner as if the funds were apportioned under
chapter 1 of title 23, United States Code; and
(B) be subject to a limitation on
obligations for Federal-aid highways and
highway safety construction programs.
(3) Use of funds.--The Secretary may use amounts
made available under this subsection to make innovative
project allocations, not to exceed the amounts of such
allocations made for fiscal year 2003, before making
incentive grants for use of seat belts.
(m) Prevention of Intoxicated Driver Incentive Grants.--
(1) Authorization.--There shall be available from
the Highway Trust Fund (other than the Mass Transit
Account) to carry out section 163 of title 23, United
States Code, $45,833,000 for the period beginning
October 1, 2003, and ending February 29, 2004.
(2) Contract authority.--Funds made available by
this subsection shall--
(A) be available for obligation in the same
manner as if the funds were apportioned under
chapter 1 of title 23, United States Code;
(B) be subject to a limitation on
obligations for Federal-aid highways and
highway safety construction programs; and
(C) remain available until expended.
(3) Use of funds.--
(A) In general.--The amounts made available
under this subsection shall be used to support
national mobilizations that target impaired
drivers, in cooperation with the State and
nonprofit safety organizations that have been
active participants in such mobilizations.
(B) Projects.--Support under subparagraph
(A) shall include--
(i) impaired driving enforcement
grants;
(ii) broadcast advertising to be
used as directed by the Secretary;
(iii) evaluation of the activities
described in clauses (i) and (ii); and
(iv) a demonstration project to
test new strategies or improvements in
strategies in States in which the
largest gains in reducing alcohol-
related fatalities can be made, as
determined by the Secretary.
(n) Nondiscrimination.--
(1) Skills training.--In lieu of the amount to be
deducted under section 140(b) of title 23, United
States Code, there shall be available from the Highway
Trust Fund (other than the Mass Transit Account) to the
Secretary for the administration of that section
$4,166,000 for the period beginning October 1, 2003,
and ending February 29, 2004.
(2) On-the-job training.--In lieu of the amount to
be deducted under section 140(c) of title 23, United
States Code, there shall be available from the Highway
Trust Fund (other than the Mass Transit Account) to the
Secretary for the administration of that section
$4,166,000 for the period beginning October 1, 2003,
and ending February 29, 2004.
(3) Contract authority.--Funds made available by
this subsection shall--
(A) be available for obligation in the same
manner as if the funds were apportioned under
chapter 1 of title 23, United States Code;
(B) be subject to a limitation on
obligations for Federal-aid highways and
highway safety construction programs; and
(C) remain available until expended.
* * * * * * *
SEC. 1214. FEDERAL ACTIVITIES.
(a) * * *
* * * * * * *
(r) Puerto Rico Highway Program.--
(1) In general.--The Secretary shall allocate funds
authorized by section 1101(a)(15) for each of fiscal
years 1998 through [2003] 2004 to the Commonwealth of
Puerto Rico to carry out a highway program in such
Commonwealth.
* * * * * * *
SEC. 1221. TRANSPORTATION AND COMMUNITY AND SYSTEM PRESERVATION PILOT
PROGRAM.
(a) * * *
(e) Funding.--
(1) In general.--There is authorized to be
appropriated from the Highway Trust Fund (other than
the Mass Transit Account) to carry out this section
$20,000,000 for fiscal year [1999] 1999, and
$25,000,000 for each of fiscal years 2000 through 2003
and $10,416,000 for the period beginning October 1,
2003, and ending February 29, 2004.
* * * * * * *
SEC. 5001. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--The following sums are authorized to be
appropriated out 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, and section 5112 of this Act $96,000,000
for fiscal year 1998, $97,000,000 for fiscal year 1999,
$97,000,000 for fiscal year 2000, $98,000,000 for
fiscal year 2001, $101,000,000 for fiscal year [2002,
and] 2002, $103,000,000 for fiscal year 2003 and
$42,916,000 for the period beginning October 1, 2003,
and ending February 29, 2004.
(2) Technology deployment program.--To carry out
section 503 of title 23, United States Code,
$35,000,000 for fiscal year 1998, $35,000,000 for
fiscal year 1999, $40,000,000 for fiscal year 2000,
$45,000,000 for fiscal year 2001, $45,000,000 for
fiscal year [2002, and] 2002, $50,000,000 for fiscal
year 2003 and $20,833,000 for the period beginning
October 1, 2003, and ending February 29, 2004.
(3) Training and education.--For carrying out
section 504 of title 23, United States Code,
$14,000,000 for fiscal year 1998, $15,000,000 for
fiscal year 1999, $16,000,000 for fiscal year 2000,
$18,000,000 for fiscal year 2001, $19,000,000 for
fiscal year [2002, and] 2002, $20,000,000 for fiscal
year 2003 and $8,333,000 for the period beginning
October 1, 2003, and ending February 29, 2004.
(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 1998 through 2003,
and $12,916,000 for the period beginning October 1,
2003, and ending February 29, 2004.
(5) ITS standards, research, operational tests, and
development.--For carrying out sections 5204, 5205,
5206, and 5207 of this Act $95,000,000 for fiscal year
1998, $95,000,000 for fiscal year 1999, $98,200,000 for
fiscal year 2000, $100,000,000 for fiscal year 2001,
$105,000,000 for fiscal year [2002,] and $110,000,000
for fiscal year 2003, and $45,833,000 for the period
beginning October 1, 2003, and ending February 29,
2004.
(6) ITS deployment.--For carrying out sections 5208
and 5209 of this Act $101,000,000 for fiscal year 1998,
$105,000,000 for fiscal year 1999, $113,000,000 for
fiscal year 2000, $118,000,000 for fiscal year 2001,
$120,000,000 for fiscal year [2002,] 2002, and
$122,000,000 for fiscal year 2003, $50,833,000 for the
period beginning October 1, 2003, and ending February
29, 2004.
(7) University transportation research.--For
carrying out section 5505 of title 49, United States
Code, $25,650,000 for fiscal year 1998, $25,650,000 for
fiscal year 1999, $27,250,000 for fiscal year 2000,
$27,250,000 for fiscal year 2001, $26,500,000 for
fiscal year [2002,] and $26,500,000 for fiscal year
2003, $11,041,000 for the period beginning October 1,
2003, and ending February 29, 2004.
* * * * * * *
* * * * * * *
DINGELL-JOHNSON SPORT FISH RESTORATION ACT
[Chapter 658, Approved Aug. 9, 1950, 64 Stat. 430]
[As Amended Through Public Law 107-136, Jan. 24, 2002]
AN ACT To provide that the United States shall aid the States in fish
restoration and management projects, and for other purposes.
* * * * * * *
Sec. 4. (a) * * *
* * * * * * *
(b) Use of Balance After Distribution.--
(1) * * *
* * * * * * *
(4) First half of fiscal year 2004.--For the period
beginning October 1, 2003, and ending February 29,
2004, of the balance of each annual appropriation
remaining after making the distribution under
subsection (a), an amount equal to $34,166,000, reduced
by 82 percent of the amount appropriated for that
fiscal year from the Boat Safety Account of the Aquatic
Resources Trust Fund established by section 9504 of the
Internal Revenue Code of 1986 to carry out the purposes
of section 13106(a) of title 46, United States Code,
shall be used as follows:
(A) $4,166,000 shall be available to the
Secretary of the Interior for 3 fiscal years
for obligation for qualified projects under
section 5604(c) of the Clean Vessel Act of 1992
(33 U.S.C. 1322 note).
(B) $3,333,000 shall be available to the
Secretary of the Interior for 3 fiscal years
for obligation for qualified projects under
section 7404(d) of the Sportfishing and Boating
Safety Act of 1998 (16 U.S.C. 777g-1(d)).
(C) The balance remaining after the
application of subparagraphs (A) and (B) shall
be--
(i) transferred to the Secretary of
Transportation; and
(ii) expended for State
recreational boating safety programs
under section 13106 of title 46, United
States Code.
[(4)] (5) Transfer of certain funds.--Amounts
available under subparagraph (A) of paragraph (2) and
subparagraphs (A) and (B) of paragraph (3) that are
unobligated by the Secretary of the Interior after 3
fiscal years shall be transferred to the Secretary of
Transportation and shall be expended for State
recreational boating safety programs under section
13106(a) of title 46, United States Code.
* * * * * * *
Sec. 4. (a) * * *
* * * * * * *
(b) Use of Balance After Distribution.--
(1) * * *
* * * * * * *
(4) First half of fiscal year 2004.--For the period
beginning October 1, 2003, and ending February 29,
2004, of the balance of each annual appropriation
remaining after making the distribution under
subsection (a), an amount equal to $34,166,000, reduced
by 82 percent of the amount appropriated for that
fiscal year from the Boat Safety Account of the Aquatic
Resources Trust Fund established by section 9504 of the
Internal Revenue Code of 1986 to carry out the purposes
of section 13106(a) of title 46, United States Code,
shall be used as follows:
(A) $4,166,000 shall be available to the
Secretary of the Interior for 3 fiscal years
for obligation for qualified projects under
section 5604(c) of the Clean Vessel Act of 1992
(33 U.S.C. 1322 note).
(B) $3,333,000 shall be available to the
Secretary of the Interior for 3 fiscal years
for obligation for qualified projects under
section 7404(d) of the Sportfishing and Boating
Safety Act of 1998 (16 U.S.C. 777g-1(d)).
(C) The balance remaining after the
application of subparagraphs (A) and (B) shall
be--
(i) transferred to the Secretary of
Transportation; and
(ii) expended for State
recreational boating safety programs
under section 13106 of title 46, United
States Code.
[(4)] (5) Transfer of certain funds.--Amounts
available under subparagraph (A) of paragraph (2) and
subparagraphs (A) and (B) of paragraph (3) that are
unobligated by the Secretary of the Interior after 3
fiscal years shall be transferred to the Secretary of
Transportation and shall be expended for State
recreational boating safety programs under section
13106(a) of title 46, United States Code.
(c) National Outreach and Communications Program.--Of the
balance of each such annual appropriation remaining after
making the distribution under subsections (a) and (b),
respectively, an amount equal to--
(1) $5,000,000 for fiscal year 1999;
(2) $6,000,000 for fiscal year 2000;
(3) $7,000,000 for fiscal year 2001;
(4) $8,000,000 for fiscal year 2002; [and]
(5) $10,000,000 for fiscal year 2003; and
(6) $4,166,000 for the period beginning October 1,
2003, and ending February 29, 2004;
shall be used for the National Outreach and Communications
Program under section 8(d). Such amounts shall remain available
for 3 fiscal years, after which any portion thereof that is
unobligated by the Secretary of the Interior for that program
may be expended by the Secretary under subsection (e).
* * * * * * *
TITLE 23--HIGHWAYS
CHAPTER 1--FEDERAL-AID HIGHWAYS
SUBCHAPTER I--GENERAL PROVISIONS
SEC. 144. HIGHWAY BRIDGE REPLACEMENT AND REHABILITATION PROGRAM
(a) * * *
* * * * * * *
(g) Set Asides.--
(1) Discretionary bridge program.--
(A) Fiscal years 1992 through 1997.--Of the amounts
authorized for each of fiscal years 1992, 1993, 1994,
1995, 1996, and 1997 by section 103 of the Intermodal
Surface Transportation Efficiency Act of 1991, all but
$57,000,000 in the case of fiscal year 1992,
$68,000,000 in the case of fiscal years 1993 and 1994,
and $69,000,000 in the case of fiscal years 1995, 1996,
and 1997 shall be apportioned as provided in subsection
(e) of this section. $49,000,000 in the case of fiscal
year 1992, $59,500,000 in the case of fiscal years 1993
and 1994, and $60,500,000 in the case of fiscal years
1995, 1996, and 1997 of the amount authorized for each
of such fiscal years shall be available for obligation
on the date of each such apportionment in the same
manner and to the same extent as the sums apportioned
on such date, except that the obligation of $49,000,000
in the case of fiscal year 1992, $59,500,000 in the
case of fiscal years 1993 and 1994, and $60,500,000 in
the case of fiscal years 1995, 1996, and 1997 shall be
at the discretion of the Secretary, and $8,500,000 per
fiscal year ($8,000,000 in the case of fiscal year
1992) of the amount authorized for each of such fiscal
years shall be available in accordance with section
1039 of the Intermodal Surface Transportation
Efficiency Act of 1991, relating to highway timber
bridges.
* * * * * * *
(3) Off-system bridges.--Not less than 15 percent nor more
than 35 percent of the amount apportioned to each State in each
of fiscal years 1987 through 2003 and in the period beginning
October 1, 2003, and ending February 29, 2004, shall be
expended for projects to replace, rehabilitate, paint or
seismic retrofit, or apply calcium magnesium acetate, sodium
acetate/formate, or other environmentally acceptable, minimally
corrosive anti-icing and de-icing compositions or install scour
countermeasures to highway bridges located on public roads,
other than those on a Federal-aid highway. The Secretary, after
consultation with State and local officials, may, with respect
to such State, reduce the requirement for expenditure for
bridges not on a Federal-aid highway when the Secretary
determines that such State has inadequate needs to justify such
expenditure.
* * * * * * *
SEC. 157. SAFETY INCENTIVE GRANTS FOR USE OF SEAT BELTS
(a) Definitions.--In this section, the following
definitions apply:
(1) * * *
(3) National average seat belt use rate.--The term
''national average seat belt use rate'' means, in the case of
each of calendar years 1996 through [2001] 2002, the national
average seat belt use rate for that year, as determined by the
Secretary.
* * * * * * *
(8) State seat belt use rate.--The term ''State seat belt
use rate'' means the rate of use of seat belts in passenger
motor vehicles in a State, as measured and submitted to the
Secretary--
(A) for each of calendar years 1996 and 1997, by
the State, as weighted by the Secretary to ensure
national consistency in methods of measurement (as
determined by the Secretary); and
(B) for each of calendar years 1998 through [2001]
2002, by the State in a manner consistent with the
criteria established by the Secretary under subsection
(e).
(b) Determinations by the Secretary.--Not later than
September 1, 1998, and September 1 of each calendar year
thereafter through September 1, [2002] 2003, the Secretary
shall determine--
* * * * * * *
(c) Allocations.--
(1) States with greater than the national average seat belt
use rate.--Not later than October 1, 1998, and each October 1
thereafter through October 1, [2002] 2003, the Secretary shall
allocate to each State described in subsection (b)(1)(A) an
amount equal to the amount determined for the State under
subsection (b)(1)(B).
* * * * * * *
f) Innovative Seat Belt Project Allocations.--
(1) In general.--* * *
* * * * * * *
(4) Allocation.--Not later than October 1, 1999, and each
October 1 thereafter through October 1, [2002] 2003, the
Secretary shall allocate funds to the States whose plans were
selected under paragraph (3).
* * * * * * *
(g) Funding.--
(1) In general.--* * *
* * * * * * *
(3) Use of unallocated funds.--
(A) * * *
(B) Fiscal years 2000 through [2003] 2004.--To the
extent that the amounts made available for any of
fiscal years 2000 through [2003] 2004under paragraph
(1) exceed the total amounts to be allocated under
subsection (c) for the fiscal year, the excess amounts
shall be used to make allocations under subsection (f).