[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).

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