[House Report 112-18]
[From the U.S. Government Publishing Office]
112th Congress Rept. 112-18
HOUSE OF REPRESENTATIVES
1st Session Part 1
======================================================================
SURFACE TRANSPORTATION EXTENSION ACT OF 2011
_______
February 28, 2011.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Mica, from the Committee on Transportation and Infrastructure,
submitted the following
R E P O R T
[To accompany H.R. 662]
[Including cost estimate of the Congressional Budget Office]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 662) to provide an extensin of
Federal-aid highway, highway safety, motor carrier safety,
transit, and other programs funded out of the Highway Trust
Fund pending enactment of a multiyear law reauthorizing such
programs, having considered the same, report favorably thereon
without amendment and recommend that the bill do pass.
CONTENTS
Page
Purpose of the Legislation and Summary........................... 1
Background and Need for the Legislation.......................... 2
Legislative History.............................................. 2
Hearings......................................................... 2
Committee Consideration.......................................... 2
Committee Votes.................................................. 3
Committee Oversight Findings..................................... 3
New Budget Authority and Tax Expenditures........................ 3
Congressional Budget Office Cost Estimate........................ 3
Performance Goals and Objectives................................. 4
Advisory on Earmarks............................................. 4
Section-by-Section Analysis...................................... 4
Changes in Existing Law Made by the Bill, as Reported............ 10
Purpose of the Legislation and Summary
H.R. 662, the ``Surface Transportation Extension Act of
2011,'' amends title 23 and title 49 of the United States Code,
and the Safe, Accountable, Flexible, Efficient Transportation
Equity Act: A Legacy For Users (P.L. 109-59), to provide an
extension of the Federal-aid highway, highway safety, motor
carrier safety, transit, and other programs funded out of the
Highway Trust Fund until the end of fiscal year 2011 pending
enactment of a multiyear law reauthorizing such programs.
Background and Need for Legislation
The Safe, Accountable, Flexible, Efficient Transportation
Equity Act: A Legacy for Users (SAFETEA-LU) was enacted in
August of 2005 and reauthorized Federal surface transportation
programs through September 30, 2009.
On September 30, 2009, SAFETEA-LU expired. A series of
extensions of SAFETEA-LU were enacted in the 111th Congress to
continue funding authority under SAFETEA-LU program structures.
The latest extension, the Surface Transportation Extension Act
of 2010, Part II (P.L. 111-322), will expire on March 4, 2011.
The Surface Transportation Extension Act of 2011 continues
authorization of Federal highway, transit, and highway safety
programs through the end of fiscal year 2011, at the same
program funding levels as fiscal year 2009, the last year
authorized by SAFETEA-LU. This authorization is necessary to
allow funds that have been included in transportation
appropriations legislation to flow to States and local transit
agencies. Failure to pass this extension will cause
expenditures for these Federal transportation program to cease
from the Highway Trust Fund, essentially ``turning off''
Federal surface transportation funding until legislation is
passed allowing such expenditures to be made.
Legislative History
A series of six extensions were passed by the 111th
Congress to continue the authorization for Federal highway,
transit, and highway safety programs. On October 1, 2009, H.R.
2918 was signed into law (P.L. 111-68), extending these
programs through October 31, 2009. On October 30, 2009, H.R.
2996 was signed into law (P.L. 111-88), extending these
programs through December 18, 2009. On December 19, 2009, H.R.
3326 was signed into law (P.L. 111-118), extending these
programs through February 28, 2010. On March 2, 2010, H.R. 4691
was signed into law (P.L. 111-144), extending these programs
through March 28, 2010. On March 18, 2010, H.R. 2847 was signed
into law (P.L. 111-147), extending these programs through
December 31, 2010. On December 22, 2010, H.R. 3082 was signed
into law (P.L. 111-322), extending these programs through March
4, 2011.
Hearings
The Committee on Transportation and Infrastructure held no
hearings on H.R. 662.
Committee Consideration
On February 16, 2011, the Committee met in open session and
ordered the bill H.R. 662 favorably reported without amendment,
by voice vote, a quorum being present.
Committee Votes
In compliance with clause 3(b) of rule XIII of the Rules of
the House of Representatives, the Committee advises there were
no record votes during the Committee's consideration of H.R.
662.
Committee Oversight Findings
Clause 3(c)(1) of rule XIII of the Rules of the House of
Representatives is inapplicable because this bill merely
extends current authorizations and does not authorize any new
programs.
New Budget Authority and Tax Expenditures
In compliance with clause 3(c)(2) of rule XIII of the Rules
of the House of Representatives, the total estimated funding
levels for the programs included under H.R. 662 are the same
funding levels authorized for such programs under current law
in fiscal years 2009 and 2010. This legislation does not
increase new budget authority above current enacted levels and
does not authorize any new or increased tax expenditures.
Congressional Budget Office Cost Estimate
In compliance with clause 3(c)(3) of rule XIII of the Rules
of the House of Representatives, the Committee sets forth, with
respect to the bill, H.R. 662, the following estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, February 25, 2011.
Hon. John L. Mica,
Chairman, Committee on Transportation and Infrastructure, House of
Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 662, the Surface
Transportation Extension Act of 2011.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Sarah Puro.
Sincerely,
Douglas W. Elmendorf.
Enclosure.
H.R. 662--Surface Transportation Extension Act of 2011
H.R. 662 would extend through September 30, 2011, the
surface transportation programs originally authorized by the
Safe, Accountable, Flexible, Efficient Transportation Equity
Act (SAFETEA-LU, Public Law 109-59). SAFETEA-LU was most
recently extended in the Hiring Incentives to Restore
Employment of 2010, Public Law 111-147. CBO estimates that
enacting H.R. 662 would not affect direct spending or revenues;
therefore, pay-as-you-go procedures do not apply.
The bill would set the amount of contract authority (the
authority to incur obligations in advance of appropriations, a
mandatory form of budget authority) at $52.7 billion for 2011.
Consistent with the rules in the Balanced Budget and Emergency
Deficit Control Act for constructing the baseline, CBO assumes
that funding provided by the bill would continue at the same
rate in each of the following years. Hence, CBO estimates that
enacting the bill would result in contract authority totaling
$580 billion over the 2011-2021 period. That funding level is
identical to the contract authority currently projected in
CBO's baseline for the 2011-2021 period; consequently, enacting
H.R. 662 would not provide additional budget authority above
the amounts assumed under current law. CBO expects that most
spending from surface transportation programs will continue to
be controlled by limits on annual obligations set in
appropriation acts.
H.R. 662 would authorize the appropriation of $2.2 billion
for three programs administered by the Federal Transit
Administration for 2011. A full-year appropriation for those
programs has not yet been enacted for fiscal year 2011. The
annualized amount of the appropriation provided in the
continuing resolution for those programs is equivalent to $2.2
billion.
CBO has determined that the nontax provisions of H.R. 662
contain no intergovernmental or private-sector mandates as
defined in the Unfunded Mandates Reform Act and would impose no
costs on state, local, or tribal governments.
The CBO staff contact for this estimate is Sarah Puro. The
estimate was approved by Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
Performance Goals and Objectives
Pursuant to clause 3(c)(4) of rule XIII of the Rules of the
House of Representatives, H.R. 662 is intended to provide an
extension of the Federal-aid highway, highway safety, motor
carrier safety, transit, and other programs funded out of the
Highway Trust Fund until the end of fiscal year 2011.
Advisory on Earmarks
In accordance with clause 9 of rule XXI of the Rules of the
House of Representatives, H.R. 662 does not contain any
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(e), 9(f), or 9(g) of rule XXI.
Section-by-Section Analysis
The following describes the bill as reported by the
Committee.
TITLE I--FEDERAL-AID HIGHWAYS
Section 101. Extension of Federal-Aid Highway Programs
Section 101(a). In general
Section 101(a) amends Section 411 of the Surface
Transportation Extension Act of 2010 by striking the existing
extension dates in each place it appears and extending the date
through fiscal year 2011.
Section 101(b). Authorization of appropriations
Section 101(b) strikes ``155/365 of'' in Section 441(b)(2)
of the Surface Transportation Extension Act of 2010.
Section 101(c). Use of funds
Section 101(c) strikes ``155/365 of'' and extends the
existing extension dates through fiscal year 2011 in Section
411(c) of the Surface Transportation Extension Act of 2010.
Section 101(d). Extension and flexibility for certain allocated
programs
Section 101(d) strikes ``155/365 of'' and replaces ``2009''
with ``2010'' in Section 411(d) of the Surface Transportation
Extension Act of 2010.
Section 101(e). Extension of authorizations under Title V of SAFETEA-LU
Section 101(e) strikes ``155/365 of'' and extends the
existing extension dates through fiscal year 2011 in Section
411(e) of the Surface Transportation Extension Act of 2010.
Section 101(f). Administrative expenses
Section 101(f) amends Section 412(a)(2) of the Surface
Transportation Extension Act of 2010 to authorize
appropriations out of the Highway Trust Fund for administrative
expenses at $422,425,000 through fiscal year 2011.
TITLE II--EXTENSION OF HIGHWAY SAFETY PROGRAMS
Section 201. Extension of National Highway Traffic Safety
Administration highway safety programs
Section 201(a). Chapter 4 Highway Safety Programs
Section 201(a) authorizes appropriations out of the Highway
Trust Fund (other than the Mass Transit Account) for fiscal
year 2011 at a sum equal to the total amount authorized for
programs, projects, and activities for fiscal year 2009 under
Section 2001(a)(1) of SAFETEA-LU and title 23 of U.S. Code.
Section 201(b). Highway safety research and development
Section 201(b) authorizes appropriations out of the Highway
Trust Fund (other than the Mass Transit Account) for fiscal
year 2011 at $108,244,000 for programs, projects, and
activities for under Section 2001(a)(2) of SAFETEA-LU and title
23 of U.S. Code.
Section 201(c). Occupant protection incentive grants
Section 201(c) authorizes appropriations out of the Highway
Trust Fund (other than the Mass Transit Account) for fiscal
year 2011 at a sum equal to the total amount authorized for
programs, projects, and activities for fiscal year 2009 under
Section 2001(a)(3) of SAFETEA-LU and title 23 of U.S. Code.
Section 201(d). Safety belt performance grants
Section 201(d) authorizes appropriations out of the Highway
Trust Fund (other than the Mass Transit Account) for fiscal
year 2011 at a sum equal to the total amount authorized for
programs, projects, and activities for fiscal year 2009 under
Section 2001(a)(4) of SAFETEA-LU and title 23 of U.S. Code.
Section 201(e). State traffic safety information system improvements
Section 201(e) authorizes appropriations out of the Highway
Trust Fund (other than the Mass Transit Account) for fiscal
year 2011 at a sum equal to the total amount authorized for
programs, projects, and activities for fiscal year 2009 under
Section 2001(a)(5) of SAFETEA-LU and title 23 of U.S. Code.
Section 201(f). Alcohol-impaired driving countermeasures incentive
grant program
Section 201(f) authorizes appropriations out of the Highway
Trust Fund (other than the Mass Transit Account) for fiscal
year 2011 at a sum equal to the total amount authorized for
programs, projects, and activities for fiscal year 2009 under
Section 2001(a)(6) of SAFETEA-LU and title 23 of U.S. Code.
Section 201(g). National Driver Register
Section 201(g) authorizes appropriations out of the Highway
Trust Fund (other than the Mass Transit Account) for fiscal
year 2011 at $4,116,000 for programs, projects, and activities
under Section 2001(a)(7) of SAFETEA-LU and title 49 of U.S.
Code.
Section 201(h). High visibility enforcement program
Section 201(h) authorizes appropriations out of the Highway
Trust Fund (other than the Mass Transit Account) for fiscal
year 2011 at a sum equal to the total amount authorized for
programs, projects, and activities for fiscal year 2009 in
Section 2001(a)(8) of SAFETEA-LU and title 23 of U.S. Code.
Section 201(i). Motorcyclist safety
Section 201(i) authorizes appropriations out of the Highway
Trust Fund (other than the Mass Transit Account) for fiscal
year 2011 at a sum equal to the total amount authorized for
programs, projects, and activities for fiscal year 2009 under
Section 2001(a)(9) of SAFETEA-LU and title 23 of U.S. Code.
Section 201(j). Child safety and child booster seat safety incentive
grants
Section 201(j) authorizes appropriations out of the Highway
Trust Fund (other than the Mass Transit Account) for fiscal
year 2011 at a sum equal to the total amount authorized for
programs, projects, and activities for fiscal year 2009 under
Section 2001(a)(10) of SAFETEA-LU and title 23 of U.S. Code.
Section 201(k). Administration expenses
Section 201(k) authorizes appropriations out of the Highway
Trust Fund (other than the Mass Transit Account) for fiscal
year 2011 at $25,328,000 for administrative and operating
expenses under Section 2001(a)(11) of SAFETEA-LU and title 23
of U.S. Code.
Section 202. Extension of Federal Motor Carrier Safety Administration
programs
Section 202(a). Motor carrier safety grants
Section 202(a) authorizes appropriations out of the Highway
Trust Fund (other than the Mass Transit Account) for fiscal
year 2011 at a sum equal to the total amount authorized for
programs, projects, and activities for fiscal year 2009 under
Section 31104(a)(5) of title 49 of U.S. Code.
Section 202(b). Administrative expenses
Section 202(b) authorizes appropriations out of the Highway
Trust Fund (other than the Mass Transit Account) for fiscal
year 2011 at $244,144,000 for administrative expenses under
Section 31104(i)(1)(G) of title 49 of U.S. Code.
Section 202(c). Grant programs
Section 202(c) amends the following paragraphs.
Section 202(c)(1)
Section 202(c)(1) extends funding out of the Highway Trust
Fund (other than the Mass Transit Account) through fiscal year
2011 for the ``Commercial Driver's License Program Improvement
Grants'' program under Section 31104(c)(1).
Section 202(c)(2)
Section 202(c)(2) extends funding out of the Highway Trust
Fund (other than the Mass Transit Account) through fiscal year
2011 for the ``Border Enforcement Grants'' program under
Section 31104(c)(2).
Section 202(c)(3)
Section 202(c)(3) extends funding out of the Highway Trust
Fund (other than the Mass Transit Account) through fiscal year
2011 for the ``Performance and Registration Information System
Management Grant Program'' under Section 31104(c)(3).
Section 202(c)(4)
Section 202(c)(4) extends funding out of the Highway Trust
Fund (other than the Mass Transit Account) through fiscal year
2011 for the ``Commercial Vehicle Information Systems and
Networks Deployment'' program under Section 31104(c)(4).
Section 202(c)(5)
Section 202(c)(5) extends funding out of the Highway Trust
Fund (other than the Mass Transit Account) through fiscal year
2011 for the ``Safety Data Improvement Grants'' program under
Section 31104(c)(5).
Section 202(d). High-priority activities
Section 202(d) extends funding out of the Highway Trust
Fund (other than the Mass Transit Account) through fiscal year
2011 for programs, projects, and activities authorized under
Section 31104(k)(2) of title 49 of U.S. Code.
Section 202(e). New entrant audits
Section 202(e) extends funding out of the Highway Trust
Fund (other than the Mass Transit Account) through fiscal year
2011 for programs, projects, and activities authorized under
Section 31144(g)(5)(B) of title 49 of U.S. Code.
Section 202(f). Commercial Driver's License Information System
modernization
Section 202(f) authorizes appropriations out of the Highway
Trust Fund (other than the Mass Transit Account) for fiscal
year 2011 at a sum equal to the total amount authorized for
programs, projects, and activities for fiscal year 2009 under
Section 4123(d)(4) of SAFETEA-LU.
Section 202(g). Outreach and education
Section 202(g) authorizes appropriations out of the Highway
Trust Fund (other than the Mass Transit Account) for fiscal
year 2011 at a sum equal to the total amount authorized for
Section 4127(e) of SAFETEA-LU.
Section 202(h). Grant program for commercial motor vehicle operators
Section 202(h) authorizes appropriations out of the Highway
Trust Fund (other than the Mass Transit Account) for fiscal
year 2011 at a sum equal to the total amount authorized for
Section 4134(c) of SAFETEA-LU.
Section 202(i). Motor Carrier Safety Advisory Committee
Section 202(i) extends the termination date of the Motor
Carrier Safety Advisory Committee to the end of fiscal year
2011.
Section 202(j). Working group for development of practices and
procedures to enhance Federal-State relations
Section 202(j) extends the termination date of the working
group to the end of fiscal year 2011.
TITLE III--PUBLIC TRANSPORTATION PROGRAMS
Section 301. Allocation of funds for planning programs
This section provides that the formula for allocating
planning funds between metropolitan planning programs and State
planning programs will continue through fiscal year 2011.
Section 302. Special rule for urbanized area formula grants
This section extends through fiscal year 2011 the special
rule permitting some urbanized areas with populations over
200,000 to use a portion of their urbanized area formula grant
funds for operations.
Section 303. Allocating amounts for capital investment grants
This section provides that the allocations for small
starts, ferry boats, the fuel cell bus program, intermodal
terminals and bus testing will continue at the 2009 authorized
levels through fiscal year 2011.
Section 304. Apportionment of formula grants for other than urbanized
areas
This section provides that the apportionment for the tribal
transit program will continue at the 2009 authorized level
through fiscal year 2011.
Section 305. Apportionment based on fixed guideway factors
This section provides that the apportionment for fixed
guideway modernization will continue at the 2009 authorized
levels through fiscal year 2011.
Section 306. Authorizations for public transportation
Subsection (a) amends 49 U.S.C. 5338(b), making funds
available from the Mass Transit Account of the Highway Trust
Fund for formula and bus grants through fiscal year 2011, to be
continued at the 2009 authorized levels. Allocations of funds
are provided to the following programs: Metropolitan and
Statewide Planning (section 5305); Urbanized Area Formula
Program (section 5307); Clean Fuels Grant Program (section
5308); Fixed Guideway Modernization (section 5309(m)(2)(B));
Bus and Bus-Related Equipment and Facilities (section
5309(m)(2)(C)); Elderly Individuals and Individuals with
Disabilities (section 5310); Other Than Urbanized Area Formula
Program (section 5311); Job Access and Reverse Commute (section
5316); New Freedom (section 5317); Paul S. Sarbanes Transit in
the Parks Program (section 5320); National Transit Database
(section 5335); Alternatives Analysis (section 5339); Growing
States and High Density States (section 5340); and Over the
Road Bus Accessibility Program (section 3038 of TEA-21).
Subsection (b) amends 49 U.S.C. 5338(c)(6), authorizing
funds to be appropriated for Capital Investment Grants to carry
out section 5309(m)(2)(A), continuing the program at the 2009
authorized level through fiscal year 2011.
Subsection (c) amends 49 U.S.C. 5338(d), authorizing funds
to be appropriated for Research and University Research Centers
continuing the program at the 2009 authorized level through
fiscal year 2011. Language is included giving the Secretary of
Transportation discretion to no longer fund a research project
or activity in fiscal year 2011 if sufficient funds have
already been received to carry out the purpose for which the
project or activity was authorized.
Subsection (d) amends section 5338(e), authorizing funds to
be appropriated for FTA administrative expenses, continuing at
the 2009 authorized levels through fiscal year 2011.
Section 307. Amendments to SAFETEA-LU
This section extends the following programs authorized in
the Safe, Accountable, Flexible, Efficient Transportation
Equity Act: a Legacy for Users (SAFETEA-LU) through fiscal year
2011 at the 2009 authorized levels.
Subsection (a) extends the Contracted Paratransit Pilot
Program authorized under section 3009(i)(1) of SAFETEA-LU.
Subsection (b) extends the Public-Private Partnership Pilot
Program authorized under section 3011(c) of SAFETEA-LU.
Subsection (c) extends the Elderly Individuals and
Individuals with Disabilities Pilot Program authorized under
section 3012(b)(8) of SAFETEA-LU.
Subsection (d) amends section 3040 of SAFETEA-LU to
authorize a Federal Transit Administration programmatic
obligation ceiling for fiscal year 2011 at $10,507,752,000, the
same obligation ceiling as was authorized for fiscal year 2009.
Subsection (e) extends project authorizations for new fixed
guideway capital projects entering preliminary engineering and
final design under section 3043 of SAFETEA-LU.
Subsection (f) extends project allocations for National
Research and Technology Programs under section 3046 of SAFETEA-
LU. Projects that the Department of Transportation has reported
to Congress as being completed are not allocated extended
funding.
Section 308. Level of obligation limitation
This section amends section 8003 of SAFETEA-LU to set the
obligation limitation levels for the purposes of section 251(b)
of the Balanced Budget and Emergency Deficit Control Act of
1985 for the highway category and mass transit category for
fiscal year 2011, at the same levels established for fiscal
years 2009 and 2010.
TITLE IV--EXTENSION OF EXPENDITURE AUTHORITY
Section 401. Extension of expenditure authority
This section extends the Highway Trust Fund and Sport Fish
Restoration and Boating Trust Fund expenditure authority from
its current expiration on March 5, 2011 through October 1,
2011.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, 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):
SURFACE TRANSPORTATION EXTENSION ACT OF 2010
* * * * * * *
TITLE IV--EXTENSION OF CURRENT SURFACE TRANSPORTATION PROGRAMS
* * * * * * *
Subtitle A--Federal-Aid Highways
SEC. 411. IN GENERAL.
(a) In General.--Except as provided in this Act,
requirements, authorities, conditions, eligibilities,
limitations, and other provisions authorized under titles I, V,
and VI of the SAFETEA-LU (119 Stat. 1144), the SAFETEA-LU
Technical Corrections Act of 2008 (122 Stat. 1572), titles I
and VI of the Intermodal Surface Transportation Act of 1991
(105 Stat. 1914), titles I and V of the Transportation Equity
Act for the 21st Century (112 Stat. 107), and title 23, United
States Code (excluding chapter 4 of that title), which would
otherwise expire on or cease to apply after September 30, 2009,
or the date specified in section 106(3) of the Continuing
Appropriations Resolution, 2010 (Public Law 111-68), are
incorporated by reference and shall continue in effect until
[March 4, 2011] September 30, 2011.
(b) Authorization of Appropriations.--Except as provided in
section 412, there are authorized to be appropriated out of the
Highway Trust Fund (other than the Mass Transit Account)--
(1) * * *
(2) for [the period beginning on October 1, 2010, and
ending on March 4, 2011] fiscal year 2011, a sum equal
to [\155/365\ of] the total amount authorized to be
appropriated out of the Highway Trust Fund for
programs, projects, and activities for fiscal year 2009
under titles I, V, and VI of the SAFETEA-LU (119 Stat.
1144), and title 23, United States Code (excluding
chapter 4 of that title).
(c) Use of Funds.--
(1) * * *
(2) Fiscal year 2011.--Except as otherwise expressly
provided in this Act, funds authorized to be
appropriated under subsection (b)(2) for [the period
beginning on October 1, 2010, and ending on March 4,
2011,] fiscal year 2011 shall be distributed,
administered, limited, and made available for
obligation in the same manner and at the same level as
[\155/365\ of] the total amount of funds authorized to
be appropriated out of the Highway Trust Fund for
fiscal year 2009 to carry out programs, projects,
activities, eligibilities, and requirements under the
SAFETEA-LU (119 Stat. 1144), the SAFETEA-LU Technical
Corrections Act of 2008 (122 Stat. 1572), titles I and
VI of the Intermodal Surface Transportation Act of 1991
(105 Stat. 1914), titles I and V of the Transportation
Equity Act for the 21st Century (112 Stat. 107), and
title 23, United States Code (excluding chapter 4 of
that title).
* * * * * * *
(4) Contract authority.--
(A) In general.--Except as provided in
subparagraph (B), funds authorized to be
appropriated under this section shall be
available for obligation and shall be
administered in the same manner as if such
funds were apportioned under chapter 1 of title
23, United States Code, and--
(i) * * *
(ii) for [the period beginning on
October 1, 2010, and ending on March 4,
2011] fiscal year 2011, shall be
subject to a limitation on obligations
included in an Act making
appropriations for fiscal year 2011 or
a portion of that fiscal year[, except
that during such period obligations
subject to such limitation shall not
exceed \155/365\ of the limitation on
obligations included in an Act making
appropriations for fiscal year 2011].
(B) Exceptions.--A limitation on obligations
described in clause (i) or (ii) of subparagraph
(A) shall not apply to any obligation under--
(i) * * *
(ii) section 105 of title 23, United
States Code--
(I) * * *
(II) for [the period
beginning on October 1, 2010,
and ending on March 4, 2011]
fiscal year 2011, only in an
amount equal to [$271,356,164]
$639,000,000.
[(5) Calculations for distribution of obligation
limitation.--Upon enactment of an Act making
appropriations for the Department of Transportation for
fiscal year 2011 (other than an Act or resolution
making continuing appropriations), the Secretary
shall--
[(A) as necessary for purposes of making the
calculations for the distribution of any
obligation limitation under such Act, annualize
the amount of contract authority provided under
this Act for Federal-aid highways and highway
safety construction programs; and
[(B) multiply the resulting distribution of
any obligation limitation under such Act by
\155/365\.]
(d) Extension and Flexibility for Certain Allocated
Programs.--
(1) * * *
(2) Fiscal year 2011.--Notwithstanding any other
provision of law, for [the period beginning on October
1, 2010, and ending on March 4, 2011] fiscal year 2011,
the portion of the share of funds of a State under
subsection (b)(2) determined by [\155/365\ of] the
amount that the State received or was authorized to
receive for fiscal year 2009 to carry out sections
1301, 1302, 1307, 1702, and 1934 of the SAFETEA-LU (119
Stat. 1198, 1204, 1217, 1256, and 1485) and section
144(f)(1) of title 23, United States Code, shall be--
(A) * * *
* * * * * * *
(3) Territories and puerto rico.--
(A) * * *
(B) Fiscal year 2011.--Notwithstanding any
other provision of law, for [the period
beginning on October 1, 2010, and ending on
March 4, 2011] fiscal year 2011, the portion of
the share of funds of a territory or Puerto
Rico under paragraph (b)(2) determined by
[\155/365\ of] the amount that the territory or
Puerto Rico received or was authorized to
receive for fiscal year 2009 to carry out
section 1934 of SAFETEA-LU (119 Stat. 1485),
shall be--
(i) * * *
* * * * * * *
(4) Additional funds.--
(A) In general.--No additional funds shall be
provided for any project or activity under
subsection (c), or paragraph (1) or (2) of this
subsection, that the Secretary of
Transportation determines was sufficiently
funded before or during fiscal year [2009] 2010
to achieve the authorized purpose of the
project or activity.
* * * * * * *
(e) Extension of Authorizations Under Title V of SAFETEA-
LU.--
(1) In general.--The programs authorized under
paragraphs (1) through (5) of section 5101(a) of the
SAFETEA-LU (119 Stat. 1779) shall be continued--
(A) * * *
(B) for [the period beginning on October 1,
2010, and ending on March 4, 2011] fiscal year
2011, at [\155/365\] the funding levels
authorized for those programs for fiscal year
2009.
(2) Distribution of funds.--Funds for programs
continued under paragraph (1) shall be distributed to
major program areas under those programs in the same
proportions as funds were allocated for those program
areas for fiscal year 2009, except that designations
for specific activities shall not be required to be
continued for--
(A) * * *
(B) [the period beginning on October 1, 2010,
and ending on March 4, 2011] fiscal year 2011.
(3) Additional funds.--
(A) In general.--No additional funds shall be
provided for any project or activity under this
subsection that the Secretary of Transportation
determines was sufficiently funded before or
during fiscal year [2009] 2010 to achieve the
authorized purpose of the project or activity.
* * * * * * *
SEC. 412. ADMINISTRATIVE EXPENSES.
(a) Authorization of Contract Authority.--Notwithstanding any
other provision of this Act or any other law, there are
authorized to be appropriated from the Highway Trust Fund
(other than the Mass Transit Account), from amounts provided
under section 411, for administrative expenses of the Federal-
aid highway program--
(1) * * *
[(2) $179,385,959 for the period beginning on October
1, 2010, and ending on March 4, 2011.]
(2) $422,425,000 for fiscal year 2011.
* * * * * * *
----------
SAFETEA-LU
* * * * * * *
TITLE II--HIGHWAY SAFETY
SEC. 2001. 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) Highway safety programs.--For carrying out
section 402 of title 23, United States Code,
$163,680,000 for fiscal year 2005, $217,000,000 for
fiscal year 2006, $220,000,000 for fiscal year 2007,
$225,000,000 for fiscal year 2008, $235,000,000 for
fiscal year 2009, $235,000,000 for fiscal year 2010,
[and $99,795,000 for the period beginning on October 1,
2010, and ending on March 4, 2011.] and $235,000,000
for fiscal year 2011.
(2) Highway safety research and development.--For
carrying out section 403 of title 23, United States
Code, $71,424,000 for fiscal year 2005, $110,000,000
for fiscal year 2006, $107,750,000 for fiscal year
2007, $107,750,000 for fiscal year 2008, $105,500,000
for fiscal year 2009, $107,329,000 for fiscal year
2010, [and $45,967,000 for the period beginning on
October 1, 2010, and ending on March 4, 2011.] and
$108,244,000 for fiscal year 2011.
(3) Occupant protection incentive grants.--For
carrying out section 405 of title 23, United States
Code, $19,840,000 for fiscal year 2005, $25,000,000 for
fiscal year 2006, $25,000,000 for fiscal year 2007,
$25,000,000 for fiscal year 2008, $25,000,000 for
fiscal year 2009, $25,000,000 for fiscal year 2010,
[and $10,616,000 for the period beginning on October 1,
2010, and ending on March 4, 2011.] and $25,000,000 for
fiscal year 2011.
(4) Safety belt performance grants.--For carrying out
section 406 of title 23, United States Code,
$124,500,000 for fiscal year 2006, $124,500,000 for
fiscal year 2007, $124,500,000 for fiscal year 2008,
$124,500,000 for fiscal year 2009, $124,500,000 for
fiscal year 2010, [and $52,870,000 for the period
beginning on October 1, 2010, and ending on March 4,
2011.] and $124,500,000 for fiscal year 2011.
(5) State traffic safety information system
improvements.--For carrying out section 408 of title
23, United States Code, $34,500,000 for fiscal year
2006, $34,500,000 for fiscal year 2007, $34,500,000 for
fiscal year 2008, $34,500,000 for fiscal year 2009,
$34,500,000 for fiscal year 2010, [and $14,651,000 for
the period beginning on October 1, 2010, and ending on
March 4, 2011.] and $34,500,000 for fiscal year 2011.
(6) Alcohol-impaired driving countermeasures
incentive grant program.--For carrying out section 410
of title 23, United States Code, $39,680,000 for fiscal
year 2005, $120,000,000 for fiscal year 2006,
$125,000,000 for fiscal year 2007, $131,000,000 for
fiscal year 2008, $139,000,000 for fiscal year 2009,
$139,000,000 for fiscal year 2010, [and $59,027,000 for
the period beginning on October 1, 2010, and ending on
March 4, 2011.] and $139,000,000 for fiscal year 2011.
(7) National driver register.--For the National
Highway Traffic Safety Administration to carry out
chapter 303 of title 49, United States Code, $3,968,000
for fiscal year 2005, $4,000,000 for fiscal year 2006,
$4,000,000 for fiscal year 2007, $4,000,000 for fiscal
year 2008, $4,000,000 for fiscal year 2009, $4,078,000
for fiscal year 2010, [and $1,748,000 for the period
beginning on October 1, 2010, and ending on March 4,
2011.] and $4,116,000 for fiscal year 2011.
(8) High visibility enforcement program.--For
carrying out section 2009 of this title $29,000,000 for
fiscal year 2006, $29,000,000 for fiscal year 2007,
$29,000,000 for fiscal year 2008, $29,000,000 for
fiscal year 2009, $29,000,000 for fiscal year 2010,
[and $12,315,000 for the period beginning on October 1,
2010, and ending on March 4, 2011.] and $29,000,000 for
fiscal year 2011.
(9) Motorcyclist safety.--For carrying out section
2010 of this title $6,000,000 for fiscal year 2006,
$6,000,000 for fiscal year 2007, $6,000,000 for fiscal
year 2008, $7,000,000 for fiscal year 2009, $7,000,000
for fiscal year 2010, [and $2,973,000 for the period
beginning on October 1, 2010, and ending on March 4,
2011.] and $7,000,000 for fiscal year 2011.
(10) Child safety and child booster seat safety
incentive grants.--For carrying out section 2011 of
this title $6,000,000 for fiscal year 2006, $6,000,000
for fiscal year 2007, $6,000,000 for fiscal year 2008,
$7,000,000 for fiscal year 2009, $7,000,000 for fiscal
year 2010, [and $2,973,000 for the period beginning on
October 1, 2010, and ending on March 4, 2011.] and
$7,000,000 for fiscal year 2011.
(11) Administrative expenses.--For administrative and
related operating expenses of the National Highway
Traffic Safety Administration in carrying out chapter 4
of title 23, United States Code, and this title
$17,500,000 for fiscal year 2006, $17,750,000 for
fiscal year 2007, $18,250,000 for fiscal year 2008,
$18,500,000 for fiscal year 2009, $25,047,000 for
fiscal year 2010, [and $10,756,000 for the period
beginning on October 1, 2010, and ending on March 4,
2011.] and $25,328,000 for fiscal year 2011.
* * * * * * *
TITLE III--PUBLIC TRANSPORTATION
* * * * * * *
SEC. 3009. URBANIZED AREA FORMULA GRANTS.
(a) * * *
* * * * * * *
(i) Contracted Paratransit Pilot.--
(1) In general.--Notwithstanding section
5302(a)(1)(I) of title 49, United States Code, for
fiscal years 2005 through [2010, and for the period
beginning October 1, 2010, and ending March 4, 2011]
2011, a recipient of assistance under section 5307 of
such title in urbanized areas with a population of
558,329 or 747,003 according to the 2000 decennial
census of population may use not more than 20 percent
of such recipient's annual formula apportionment under
section 5307 of such title for the provision of
nonfixed route paratransit services in accordance with
section 223 of the Americans with Disabilities Act of
1990 (42 U.S.C. 12143), but only if the grant recipient
is in compliance with applicable requirements of that
Act, including both fixed route and demand responsive
service and the service is acquired by contract.
* * * * * * *
SEC. 3011. CAPITAL INVESTMENT GRANTS.
(a) * * *
* * * * * * *
(c) Public-Private Partnership Pilot Program.--
(1) * * *
* * * * * * *
(5) Program term.--The Secretary may approve an
application of a recipient for a public-private
partnership for fiscal years 2006 through [2010 and the
period beginning October 1, 2010, and ending March 4,
2011] 2011.
* * * * * * *
(d) Restrictions on Use of Bus Category Funds for Fixed
Guideway Projects.--Funds provided to grantees under the bus
and bus facility category for fixed guideway ferry and gondola
projects in the Department of Transportation and Related
Agencies Appropriations Acts for any of fiscal years 1998
through 2005, or accompanying committee reports, that remain
available and unobligated may be used for new fixed guideway
capital projects under section 5309 of title 49, United States
Code. Funds made available to the same grantees for similar
projects under the bus and bus facility category of section
5309 of title 49, United States Code, in fiscal years 2006
through [2010, and for the period beginning October 1, 2010,
and ending March 4, 2011] 2011 may be used for fixed guideway
projects under that section.
* * * * * * *
SEC. 3012. FORMULA GRANTS FOR SPECIAL NEEDS OF ELDERLY INDIVIDUALS AND
INDIVIDUALS WITH DISABILITIES.
(a) * * *
(b) Elderly Individuals and Individuals With Disabilities
Pilot Program.--
(1) * * *
* * * * * * *
(8) Sunset.--This subsection shall cease to be
effective on [March 4, 2011] September 30, 2011.
* * * * * * *
SEC. 3040. OBLIGATION CEILING.
Notwithstanding any other provision of law, the total of all
obligations from amounts made available from the Mass Transit
Account of the Highway Trust Fund by, and amounts appropriated
under, subsections (a) through (f) of section 5338 of title 49,
United States Code, shall not exceed--
(1) * * *
* * * * * * *
[(7) $4,462,196,000 for the period beginning October
1, 2010, and ending March 4, 2011, of which not more
than $3,550,376,000 shall be from the Mass Transit
Account.]
(7) $10,507,752,000 for fiscal year 2011, of which
not more than $8,360,565,000 shall be from the Mass
Transit Account.
* * * * * * *
SEC. 3043. PROJECT AUTHORIZATIONS FOR NEW FIXED GUIDEWAY CAPITAL
PROJECTS.
(a) * * *
(b) Final Design and Construction.--The following projects
are authorized for final design and construction for fiscal
years 2005 through [2010, and for the period beginning October
1, 2010, and ending March 4, 2011,] 2011 under paragraphs
(1)(A) and (2)(A) of section 5309(m) of title 49, United States
Code:
(1) * * *
* * * * * * *
(c) Preliminary Engineering.--The following projects are
authorized for preliminary engineering for fiscal years 2005
through [2010, and for the period beginning October 1, 2010,
and ending March 4, 2011,] 2011 under paragraphs (1)(A) and
(2)(A) of section 5309(m) of title 49, United States Code:
(1) * * *
* * * * * * *
SEC. 3046. ALLOCATIONS FOR NATIONAL RESEARCH AND TECHNOLOGY PROGRAMS.
(a) * * *
(b) Remainder.--After making allocations under subsection
(a), the remainder of funds made available by section 5338(d)
of title 49, United States Code, for national research and
technology programs under sections 5312, 5314, and 5322 for a
fiscal year [or period] shall be allocated at the discretion of
the Secretary to other transit research, development,
demonstration and deployment projects authorized by sections
5312, 5314, and 5322 of such title.
[(c) Additional Appropriations.--The Secretary shall allocate
amounts appropriated pursuant to section 5338(d) of title 49,
United States Code, for national research and technology
programs under sections 5312, 5314, and 5322 of such title--
[(1) for fiscal year 2010, in amounts equal to the
amounts allocated for fiscal year 2009 under each of
paragraphs (2), (3), (5), (6), and (8) through (25) of
subsection (a); and
[(2) for the period beginning October 1, 2010, and
ending March 4, 2011, in amounts equal to \155/365\ths
of the amounts allocated for fiscal year 2009 under
each of paragraphs (2), (3), (5), (6), and (8) through
(25) of subsection (a).]
(c) Additional Appropriations.--The Secretary shall allocate
amounts appropriated pursuant to section 5338(d) of title 49,
United States Code, for national research and technology
programs under sections 5312, 5314, and 5322 of such title for
fiscal years 2010 and 2011, in amounts equal to the amounts
allocated for fiscal year 2009 under each of paragraphs (2),
(3), (5), and (8) through (25) of subsection (a).
* * * * * * *
TITLE IV--MOTOR CARRIER SAFETY
* * * * * * *
Subtitle A--Commercial Motor Vehicle Safety
SEC. 4101. AUTHORIZATION OF APPROPRIATIONS.
(a) * * *
(c) Grant Programs.--There are authorized to be appropriated
from the Highway Trust Fund (other than the Mass Transit
Account) the following sums for the following Federal Motor
Carrier Safety Administration programs:
(1) Commercial driver's license program improvement
grants.--For commercial driver's license program
improvement grants under section 31313 of title 49,
United States Code $25,000,000 for each of fiscal years
2006 through [2009, $25,000,000 for fiscal year 2010,
and $10,616,000 for the period beginning October 1,
2010, and ending on March 4, 2011] 2011.
(2) Border enforcement grants.--For border
enforcement grants under section 31107 of such title
$32,000,000 for each of fiscal years 2006[, 2007, 2008,
and 2009, $32,000,000 for fiscal year 2010, and
$13,589,000 for the period beginning October 1, 2010,
and ending on March 4, 2011] through 2011.
(3) Performance and registration information system
management grant program.--For the performance and
registration information system management grant
program under section 31109 of such title $5,000,000
for each of fiscal years 2006[, 2007, 2008, and 2009,
$5,000,000 for fiscal year 2010, and $2,123,000 for the
period beginning October 1, 2010, and ending on March
4, 2011] through 2011.
(4) Commercial vehicle information systems and
networks deployment.--For carrying out the commercial
vehicle information systems and networks deployment
program under section 4126 of this Act, $25,000,000 for
each of fiscal years 2006 through [2009, $25,000,000
for fiscal year 2010, and $10,616,000 for the period
beginning October 1, 2010, and ending on March 4, 2011]
2011.
(5) Safety data improvement grants.--For safety data
improvement grants under section 4128 of this Act
$2,000,000 for fiscal year 2006 and $3,000,000 for each
of fiscal years 2007 through [2009, $3,000,000 for
fiscal year 2010, and $1,274,000 for the period
beginning October 1, 2010, and ending on March 4, 2011]
2011.
* * * * * * *
SEC. 4123. COMMERCIAL DRIVER'S LICENSE INFORMATION SYSTEM
MODERNIZATION.
(a) * * *
* * * * * * *
(d) Funding.--There are authorized to be appropriated from
the Highway Trust Fund (other than the Mass Transit Account) to
carry out this section--
(1) * * *
* * * * * * *
[(6) and $3,397,260 for the period beginning October
1, 2010, and ending on March 4, 2011.]
(6) $8,000,000 for fiscal year 2011.
* * * * * * *
SEC. 4127. OUTREACH AND EDUCATION.
(a) * * *
* * * * * * *
(e) Funding.--From amounts made available under section
31104(i) of title 49, United States Code, the Secretary shall
make available $1,000,000 to the Federal Motor Carrier Safety
Administration, and $3,000,000 to the National Highway Traffic
Safety Administration, for each of fiscal years 2006, 2007,
2008, 2009, [2010, and $425,545 to the Federal Motor Carrier
Safety Administration, and $1,274,000 to the National Highway
Traffic Safety Administration, for the period beginning on
October 1, 2010, and ending on March 4, 2011,] 2010, and 2011
to carry out this section (other than subsection (f)).
* * * * * * *
SEC. 4134. GRANT PROGRAM FOR COMMERCIAL MOTOR VEHICLE OPERATORS.
(a) * * *
* * * * * * *
(c) Funding.--From amounts made available under section
31104(i) of title 49, United States Code, the Secretary shall
make available $1,000,000 for each of fiscal years 2005 through
[2009, 2010, and $425,545 for the period beginning on October
1, 2010, and ending on March 4, 2011,] 2011 to carry out this
section.
* * * * * * *
SEC. 4144. MOTOR CARRIER SAFETY ADVISORY COMMITTEE.
(a) * * *
* * * * * * *
(d) Termination Date.--Notwithstanding the Federal Advisory
Committee Act (5 U.S.C. App.), the advisory committee shall
terminate on [March 4, 2011] September 30, 2011.
* * * * * * *
Subtitle B--Household Goods Transportation
* * * * * * *
SEC. 4213. WORKING GROUP FOR DEVELOPMENT OF PRACTICES AND PROCEDURES TO
ENHANCE FEDERAL-STATE RELATIONS.
(a) * * *
* * * * * * *
(d) Termination Date.--The working group shall remain in
effect until [March 4, 2011] September 30, 2011.
* * * * * * *
TITLE VII--HAZARDOUS MATERIALS TRANSPORTATION
* * * * * * *
Subtitle A--General Authorities on Transportation of Hazardous
Materials
* * * * * * *
SEC. 7131. HAZARDOUS MATERIALS RESEARCH PROJECTS.
(a) * * *
* * * * * * *
(c) Funding.--Of the amounts made available by section
5101(a)(1) of this Act, $1,250,000 for each of fiscal years
2006 [through 2010 and $531,000 for the period beginning on
October 1, 2010, and ending on March 4, 2011] through 2011
shall be available to carry out this section.
* * * * * * *
TITLE VIII--TRANSPORTATION DISCRETIONARY SPENDING GUARANTEE
* * * * * * *
SEC. 8003. LEVEL OF OBLIGATION LIMITATIONS.
(a) Highway Category.--For the purposes of section 251(b) of
the Balanced Budget and Emergency Deficit Control Act of 1985,
the level of obligation limitations for the highway category
is--
(1) * * *
* * * * * * *
(5) for fiscal year 2009, $42,469,970,178; [and]
(6) for fiscal year 2010, $42,469,970,178[.]; and
[(7) for the period beginning October 1, 2010, and
ending on March 4, 2011, $18,035,192,815.]
(7) for fiscal year 2011, $42,469,970,178.
(b) Mass Transit Category.--For the purposes of section
251(b) of the Balanced Budget and Emergency Deficit Control Act
of 1985, the level of obligation limitations for the mass
transit category is--
(1) * * *
* * * * * * *
(5) for fiscal year 2009, $10,338,065,000; [and]
(6) for fiscal year 2010, $10,338,065,000[.]; and
[(7) for the period beginning October 1, 2010, and
ending on March 4, 2011, $4,390,137,192.]
(7) for fiscal year 2011, $10,338,065,000.
For purposes of this subsection, the term ``obligation
limitations'' means the sum of budget authority and obligation
limitations.
* * * * * * *
----------
TITLE 49, UNITED STATES CODE
* * * * * * *
SUBTITLE III--GENERAL AND INTERMODAL PROGRAMS
* * * * * * *
CHAPTER 53--PUBLIC TRANSPORTATION
* * * * * * *
Sec. 5305. Planning programs
(a) * * *
* * * * * * *
(g) Allocation of Funds.--Of the funds made available by or
appropriated to carry out this section under section 5338(c)
for fiscal years 2005 through [2010, and for the period
beginning October 1, 2010, and ending March 4, 2011,] 2011--
(1) * * *
* * * * * * *
Sec. 5307. Urbanized area formula grants
(a) * * *
(b) General Authority.--
(1) * * *
(2) [Special rule for fiscal years 2005 through 2010,
and the period beginning October 1, 2010, and ending
March 4, 2011] Special rule for fiscal years 2005
through 2011.--
(A) Increased flexibility.--The Secretary may
award grants under this section, from funds
made available to carry out this section for
each of the fiscal years 2005 through [2010,
and the period beginning October 1, 2010, and
ending March 4, 2011,] 2011, to finance the
operating cost of equipment and facilities for
use in public transportation in an urbanized
area with a population of at least 200,000, as
determined by the 2000 decennial census of
population, if--
(i) * * *
* * * * * * *
(E) [Maximum amounts in fiscal years 2008
through 2010 and during the period beginning
October 1, 2010, and ending March 4, 2011.--In
fiscal years 2008 through 2010, and during the
period beginning October 1, 2010, and ending
March 4, 2011,] Maximum amounts in fiscal years
2008 through 2011.--In each of fiscal years
2008 through 2011--
(i) * * *
* * * * * * *
Sec. 5309. Capital investment grants
(a) * * *
* * * * * * *
(m) Allocating Amounts.--
(1) * * *
(2) [Fiscal years 2006 through 2010 and October 1,
2010, through March 4, 2011.--] Fiscal years 2006
through 2011.--The amounts made available or
appropriated for fiscal years 2006 through [2010, and
during the period beginning October 1, 2010, and ending
March 4, 2011,] 2011 under sections 5338(b) and 5338(c)
shall be allocated as follows:
(A) Capital investment grants.--Of the
amounts appropriated under section 5338(c)--
(i) $200,000,000 for each of fiscal
years 2007 through [2010, and
$84,931,000 for the period beginning
October 1, 2010 and ending March 4,
2011,] 2011 shall be allocated for
projects for new fixed guideway capital
projects of less than $75,000,000 in
accordance with subsection (e); and
* * * * * * *
(6) Funding for ferry boats.--Of the amounts
described in paragraphs (1)(A) and (2)(A)--
(A) * * *
(B) $15,000,000 shall be available in each of
fiscal years 2006 through [2010, and $6,369,000
shall be available for the period beginning
October 1, 2010 and ending March 4, 2011,] 2011
for capital projects in Alaska and Hawaii for
new fixed guideway ferry systems and extension
projects utilizing ferry boats, ferry boat
terminals, or approaches to ferry boat
terminals; and
(C) $5,000,000 shall be available for each of
fiscal years 2006 though [2010, and $2,123,000
shall be available for the period beginning
October 1, 2010 and ending March 4, 2011,] 2011
for payments to the Denali Commission under the
terms of section 307(e) of the Denali
Commission Act of 1998 (42 U.S.C. 3121 note)
for docks, waterfront development projects, and
related transportation infrastructure.
(7) Bus and bus facility grants.--The amounts made
available under paragraphs (1)(C) and (2)(C) shall be
allocated as follows:
[(A) Ferry boat systems.--
[(i) Fiscal years 2006 through
2010.--$10,000,000 shall be available
in each of fiscal years 2006 through
2010]
(A) Ferry boat systems.--$10,000,000 shall be
available in each of fiscal years 2006 through
2011 for ferry boats or ferry terminal
facilities. Of such funds, the following
amounts shall be set aside for each fiscal
year:
[(I)] (i) $2,500,000 for the San
Francisco Water Transit Authority.
[(II)] (ii) $2,500,000 for the
Massachusetts Bay Transportation
Authority Ferry System.
[(III)] (iii) $1,000,000 for the
Camden, New Jersey Ferry System.
[(IV)] (iv) $1,000,000 for the
Governor's Island, New York Ferry
System.
[(V)] (v) $1,000,000 for the
Philadelphia Penn's Landing Ferry
Terminal.
[(VI)] (vi) $1,000,000 for the Staten
Island Ferry.
[(VII)] (vii) $650,000 for the Maine
State Ferry Service, Rockland.
[(VIII)] (viii) $350,000 for the
Swans Island, Maine Ferry Service.
[(ii) Special rule for October 1,
2010, through March 4, 2011.--
$4,246,000 shall be available for the
period beginning October 1, 2010 and
ending March 4, 2011, for ferry boats
or ferry terminal facilities. The
Secretary shall set aside a portion of
such amount in accordance with clause
(i), except that the Secretary shall
set aside \155/365\ths of each dollar
amount specified in subclauses (I)
through (VIII).]
(B) Fuel cell bus program.--The following
amounts shall be set aside for the national
fuel cell bus technology development program
under section 3045 of the Federal Public
Transportation Act of 2005:
(i) * * *
* * * * * * *
(v) $13,500,000 for fiscal year 2010.
$5,732,000 [for the period beginning
October 1, 2010 and ending March 4,
2011].
(vi) $13,500,000 for fiscal year
2011.
(C) Projects not in urbanized areas.--Not
less than 5.5 percent shall be available in
each fiscal year, and during the period
beginning October 1, 2010, and ending March 4,
2011, for projects that are not in urbanized
areas.
(D) Intermodal terminals.--Not less than
$35,000,000 shall be available in each fiscal
year[, and not less than $14,863,000 shall be
available for the period beginning October 1,
2010 and ending March 4, 2011,] for intermodal
terminal projects, including the intercity bus
portion of such projects.
(E) Bus testing.--$3,000,000 shall be
available in each fiscal year[, and $1,273,000
shall be available for the period beginning
October 1, 2010 and ending March 4, 2011,] for
bus testing under section 5318.
* * * * * * *
Sec. 5311. Formula grants for other than urbanized areas
(a) * * *
* * * * * * *
(c) Apportionments.--
(1) Public transportation on Indian reservations.--Of
the amounts made available or appropriated for each
fiscal year pursuant to subsections (a)(1)(C)(v) and
(b)(2)(G) of section 5338, the following amounts shall
be apportioned for grants to Indian tribes for any
purpose eligible under this section, under such terms
and conditions as may be established by the Secretary:
(A) * * *
* * * * * * *
[(F) $6,369,000 for the period beginning
October 1, 2010 and ending March 4, 2011.]
(F) $15,000,000 for fiscal year 2011.
* * * * * * *
Sec. 5337. Apportionment based on fixed guideway factors
(a) Distribution.--The Secretary shall apportion amounts made
available for fixed guideway modernization under section 5309
for each of fiscal years 2005 through [2010] 2011 as follows:
(1) * * *
* * * * * * *
[(g) Special Rule for October 1, 2010, Through March 4,
2011.--The Secretary shall apportion amounts made available for
fixed guideway modernization under section 5309 for the period
beginning October 1, 2010, and ending March 4, 2011, in
accordance with subsection (a), except that the Secretary shall
apportion \155/365\ths of each dollar amount specified in
subsection (a).]
Sec. 5338. Authorizations
(a) * * *
(b) Formula and Bus Grants.--
(1) In general.--There shall be available from the
Mass Transit Account of the Highway Trust Fund to carry
out sections 5305, 5307, 5308, 5309, 5310, 5311, 5316,
5317, 5320, 5335, 5339, and 5340 and section 3038 of
the Federal Transit Act of 1998 (112 Stat. 387 et
seq.)--
(A) * * *
* * * * * * *
[(F) $3,550,376,000 for the period beginning
October 1, 2010, and ending March 4, 2011.]
(F) $8,360,565,000 for fiscal year 2011.
(2) Allocation of funds.--Of the amounts made
available under paragraph (1)--
(A) $95,000,000 for fiscal year 2006,
$99,000,000 for fiscal year 2007, $107,000,000
for fiscal year 2008, $113,500,000 for each of
fiscal years 2009 and 2010, and [$48,198,000
for the period beginning October 1, 2010 and
ending March 4, 2011,] $113,500,000 for fiscal
year 2011 shall be available to carry out
section 5305;
(B) $3,466,681,000 for fiscal year 2006,
$3,606,175,000 for fiscal year 2007,
$3,910,843,000 for fiscal year 2008,
$4,160,365,000 for each of fiscal years 2009
and 2010, and [$1,766,730,000 for the period
beginning October 1, 2010, and ending March 4,
2011,] $4,160,365,000 for fiscal year 2011
shall be allocated in accordance with section
5336 to provide financial assistance for
urbanized areas under section 5307;
(C) $43,000,000 for fiscal year 2006,
$45,000,000 for fiscal year 2007, $49,000,000
for fiscal year 2008, $51,500,000 for each of
fiscal years 2009 and 2010, and [$21,869,000
for the period beginning October 1, 2010 and
ending March 4, 2011,] $51,500,000 for fiscal
year 2011 shall be available to carry out
section 5308;
(D) $1,391,000,000 for fiscal year 2006,
$1,448,000,000 for fiscal year 2007,
$1,570,000,000 for fiscal year 2008,
$1,666,500,000 for each of fiscal years 2009
and 2010, and [$707,691,000 for the period
beginning October 1, 2010 and ending March 4,
2011,] $1,666,500,000 for fiscal year 2011
shall be allocated in accordance with section
5337 to provide financial assistance under
section 5309(m)(2)(B);
(E) $822,250,000 for fiscal year 2006,
$855,500,000 for fiscal year 2007, $927,750,000
for fiscal year 2008, $984,000,000 for each of
fiscal years 2009 and 2010, and [$417,863,000
for the period beginning October 1, 2010 and
ending March 4, 2011,] $984,000,000 for fiscal
year 2011 shall be available to carry out
section 5309(m)(2)(C);
(F) $112,000,000 for fiscal year 2006,
$117,000,000 for fiscal year 2007, $127,000,000
for fiscal year 2008, $133,500,000 for each of
fiscal years 2009 and 2010, and [$56,691,000
for the period beginning October 1, 2010 and
ending March 4, 2011,] $133,500,000 for fiscal
year 2011 shall be available to provide
financial assistance for services for elderly
persons and persons with disabilities under
section 5310;
(G) $388,000,000 for fiscal year 2006,
$404,000,000 for fiscal year 2007, $438,000,000
for fiscal year 2008, $465,000,000 for each of
fiscal years 2009 and 2010, and [$197,465,000
for the period beginning October 1, 2010 and
ending March 4, 2011,] $465,000,000 for fiscal
year 2011 shall be available to provide
financial assistance for other than urbanized
areas under section 5311;
(H) $138,000,000 for fiscal year 2006,
$144,000,000 for fiscal year 2007, $156,000,000
for fiscal year 2008, $164,500,000 for each of
fiscal years 2009 and 2010, and [$69,856,000
for the period beginning October 1, 2010 and
ending March 4, 2011,] $164,500,000 for fiscal
year 2011 shall be available to carry out
section 5316;
(I) $78,000,000 for fiscal year 2006,
$81,000,000 for fiscal year 2007, $87,500,000
for fiscal year 2008, $92,500,000 for each of
fiscal years 2009 and 2010, and [$39,280,000
for the period beginning October 1, 2010 and
ending March 4, 2011,] $92,500,000 for fiscal
year 2011 shall be available to carry out
section 5317;
(J) $22,000,000 for fiscal year 2006,
$23,000,000 for fiscal year 2007, $25,000,000
for fiscal year 2008, $26,900,000 for each of
fiscal years 2009 and 2010, and [$11,423,000
for the period beginning October 1, 2010 and
ending March 4, 2011,] $26,900,000 for fiscal
year 2011 shall be available to carry out
section 5320;
(K) $3,500,000 in fiscal year 2006;
$3,500,000 in fiscal year 2007; $3,500,000 in
fiscal year 2008; $3,500,000 for each of fiscal
years 2009 and 2010, and [$1,486,000 for the
period beginning October 1, 2010 and ending
March 4, 2011,] $3,500,000 for fiscal year 2011
shall be available to carry out section 5335;
(L) $25,000,000 in fiscal year 2006;
$25,000,000 in fiscal year 2007; $25,000,000 in
fiscal year 2008; $25,000,000 for each of
fiscal years 2009 and 2010, and [$10,616,000
for the period beginning October 1, 2010 and
ending March 4, 2011,] $25,000,000 for fiscal
year 2011 shall be available to carry out
section 5339;
(M) $388,000,000 for fiscal year 2006,
$404,000,000 for fiscal year 2007, $438,000,000
for fiscal year 2008, $465,000,000 for each of
fiscal years 2009 and 2010, and [$197,465,000
for the period beginning October 1, 2010 and
ending March 4, 2011,] $465,000,000 for fiscal
year 2011 shall be allocated in accordance with
section 5340 to provide financial assistance
for urbanized areas under section 5307 and
other than urbanized areas under section 5311;
and
(N) $7,500,000 for fiscal year 2006,
$7,600,000 for fiscal year 2007, $8,300,000 for
fiscal year 2008, $8,800,000 for each of fiscal
years 2009 and 2010, and [$3,736,000 for the
period beginning October 1, 2010 and ending
March 4, 2011,] $8,800,000 for fiscal year 2011
shall be available to carry out section 3038 of
the Transportation Equity Act for the 21st
Century (49 U.S.C. 5310 note).
(c) Capital Investment Grants.--There are authorized to be
appropriated to carry out section 5309(m)(2)(A)--
(1) * * *
* * * * * * *
[(6) $849,315,000 for the period of October 1, 2010
through March 4, 2011.]
(6) $2,000,000,000 for fiscal year 2011.
(d) Research and University Research Centers.--
(1) In general.--There is authorized to be
appropriated to carry out transit cooperative research
programs under section 5313, the National Transit
Institute under section 5315, university research
centers under section 5506, and national research
programs under sections 5312, 5313, 5314, and 5322
$58,000,000 for fiscal year 2006, $61,000,000 for
fiscal year 2007, $65,500,000 for fiscal year 2008,
$69,750,000 for each of fiscal years 2009 and 2010, and
[$29,619,000 for the period beginning October 1, 2010
and ending March 4, 2011,] $69,750,000 for fiscal year
2011 of which--
(A) $9,000,000 for fiscal year 2006,
$9,300,000 for fiscal year 2007, $9,600,000 for
fiscal year 2008, and $10,000,000 for [fiscal
year 2009] each of fiscal years 2009, 2010, and
2011 shall be allocated to carry out transit
cooperative research programs under section
5313;
* * * * * * *
(2) University centers program.--
(A) Allocation.--Of the amounts allocated
under paragraph (1)(C), the following amounts
shall be available to provide transportation
research, training, and curriculum development:
(i) $2,000,000 for each of fiscal
years 2006 through [2009] 2011 for the
University of Tennessee--Knoxville
National Transportation Research
Center.
(ii) $1,500,000 for each of fiscal
years 2006 through [2009] 2011 for
Texas A&M University--Texas
Transportation Institute.
(iii) $1,000,000 for each of fiscal
years 2006 through [2009] 2011 for
Morgan State University.
* * * * * * *
(v) $550,000 for each of fiscal years
2006 and 2007 and $650,000 for each of
fiscal years 2008 [and 2009] through
2011 for the University Transportation
Center at the University of Alabama.
(vi) $450,000 for each of fiscal
years 2006 and 2007 and $550,000 for
each of fiscal years 2008 [and 2009]
through 2011 for the Injury Control
Research Center at the University of
Alabama Birmingham.
(vii) $550,000 for each of fiscal
years 2006 and 2007 and $650,000 for
each of fiscal years 2008 [and 2009]
through 2011 for the Jackson State
University Intermodal Transportation
Institute at the Jackson State
University.
(viii) $550,000 for each of fiscal
years 2006 and 2007 and $650,000 for
each of fiscal years 2008 [and 2009]
through 2011 for the University
Transportation Center at the University
of Denver/Mississippi State University.
* * * * * * *
[(3) Additional authorizations.--
[(A) In general.--
[(i) Fiscal year 2010.--Of amounts
authorized to be appropriated for
fiscal year 2010 under paragraph (1),
the Secretary shall allocate for each
of the activities and projects
described in subparagraphs (A) through
(F) of paragraph (1) an amount equal to
the amount allocated for fiscal year
2009 under each such subparagraph.
[(ii) October 1, 2010 through March
4, 2011.--Of amounts authorized to be
appropriated for the period beginning
October 1, 2010, through March 4, 2011,
under paragraph (1), the Secretary
shall allocate for each of the
activities and projects described in
subparagraphs (A) through (F) of
paragraph (1) an amount equal to \155/
365\ths of the amount allocated for
fiscal year 2009 under each such
subparagraph.
[(B) University centers program.--
[(i) Fiscal year 2010.--Of the
amounts allocated under subparagraph
(A)(i) for the university centers
program under section 5506 for fiscal
year 2010, the Secretary shall allocate
for each program described in clauses
(i) through (iii) and (v) through
(viii) of paragraph (2)(A) an amount
equal to the amount allocated for
fiscal year 2009 under each such
clause.
[(ii) October 1, 2010 through March
4, 2011.--Of the amounts allocated
under subparagraph (A)(i) for the
university centers program under
section 5506 for the period beginning
October 1, 2010, and ending March 4,
2011, the Secretary shall allocate for
each program described in clauses (i)
through (iii) and (v) through (viii) of
paragraph (2)(A) an amount equal to
\155/365\ths of the amount allocated
for fiscal year 2009 under each such
clause.
[(iii) Funding.--If the Secretary
determines that a project or activity
described in paragraph (2) received
sufficient funds in fiscal year 2010,
or a previous fiscal year, to carry out
the purpose for which the project or
activity was authorized, the Secretary
may not allocate any amounts under
clause (i) or (ii) for the project or
activity for fiscal year 2011, or any
subsequent fiscal year.]
(3) Funding.--If the Secretary determines that a
project or activity described in paragraph (2) received
sufficient funds in fiscal year 2010, or a previous
fiscal year, to carry out the purpose for which the
project or activity was authorized, the Secretary may
not allocate any amounts under paragraph (2) for the
project or activity for fiscal year 2011, or any
subsequent fiscal year.
(e) Administration.--There is authorized to be appropriated
to carry out section 5334--
(1) * * *
* * * * * * *
[(6) $42,003,000 for the period of October 1, 2010
through March 4, 2011.]
(6) $98,911,000 for fiscal year 2011.
* * * * * * *
SUBTITLE VI--MOTOR VEHICLE AND DRIVER PROGRAMS
* * * * * * *
PART B--COMMERCIAL
* * * * * * *
CHAPTER 311--COMMERCIAL MOTOR VEHICLE SAFETY
SUBCHAPTER I--GENERAL AUTHORITY AND STATE GRANTS PROGRAMS
* * * * * * *
Sec. 31104. Availability of amounts
(a) In General.--Subject to subsection (f), there are
authorized to be appropriated from the Highway Trust Fund
(other than the Mass Transit Account) to carry out section
31102--
(1) * * *
* * * * * * *
[(7) $88,753,000 for the period beginning October 1,
2010, and ending on March 4, 2011.]
(7) $209,000,000 for fiscal year 2011.
* * * * * * *
(i) Administrative Expenses.--
(1) Authorization of appropriations.--There are
authorized to be appropriated from the Highway Trust
Fund (other than the Mass Transit Account) for the
Secretary of Transportation to pay administrative
expenses of the Federal Motor Carrier Safety
Administration--
(A) * * *
* * * * * * *
[(G) $103,678,000 for the period beginning
October 1, 2010, and ending on March 4, 2011.]
(G) $244,144,000 for fiscal year 2011.
* * * * * * *
(k) High-Priority Activities.--
(1) * * *
(2) Set aside.--The Secretary may set aside from
amounts made available by subsection (a) up to
$15,000,000 for each of fiscal years 2006 [through 2010
and $6,370,000 for the period beginning October 1,
2010, and ending on March 4, 2011] through 2011 for
States, local governments, and organizations
representing government agencies or officials described
in paragraph (3) for carrying out high priority
activities and projects that improve commercial motor
vehicle safety and compliance with commercial motor
vehicle safety regulations (including activities and
projects that are national in scope), increase public
awareness and education, demonstrate new technologies,
and reduce the number and rate of accidents involving
commercial motor vehicles.
* * * * * * *
SUBCHAPTER III--SAFETY REGULATION
* * * * * * *
Sec. 31144. Safety fitness of owners and operators
(a) * * *
* * * * * * *
(g) Safety Reviews of New Operators.--
(1) * * *
* * * * * * *
(5) New entrant audits.--
(A) * * *
(B) Set aside.--The Secretary shall set aside
from amounts made available by section 31104(a)
up to $29,000,000 per fiscal year [(and up to
$12,315,000 for the period beginning October 1,
2010, and ending on March 4, 2011)] for audits
of new entrant motor carriers conducted
pursuant to this paragraph.
* * * * * * *
----------
DINGELL-JOHNSON SPORT FISH RESTORATION ACT
* * * * * * *
Sec. 4. (a) In General.--For each of fiscal years 2006
[through 2010, and for the period beginning on October 1, 2010,
and ending on March 4, 2011,] through 2011, the balance of each
annual appropriation made in accordance with the provisions of
section 3 remaining after the distributions for administrative
expenses and other purposes under subsection (b) and for
multistate conservation grants under section 14 shall be
distributed as follows:
(1) * * *
* * * * * * *
(b) Set-Aside for Expenses for Administration of the Dingell-
Johnson Sport Fish Restoration Act.--
(1) In general.--
(A) Set-aside for administration.--From the
annual appropriation made in accordance with
section 3, for each of fiscal years 2006
[through 2010, and for the period beginning on
October 1, 2010, and ending on March 4, 2011,]
through 2011 the Secretary of the Interior may
use no more than the amount specified in
subparagraph (B) for the fiscal year for
expenses for administration incurred in the
implementation of this Act, in accordance with
this section and section 9. The amount
specified in subparagraph (B) for a fiscal year
may not be included in the amount of the annual
appropriation distributed under subsection (a)
for the fiscal year.
* * * * * * *
----------
INTERNAL REVENUE CODE OF 1986
* * * * * * *
Subtitle I--Trust Fund Code
* * * * * * *
CHAPTER 98--TRUST FUND CODE
Subchapter A--Establishment of Trust Funds
* * * * * * *
SEC. 9503. HIGHWAY TRUST FUND.
(a) * * *
(b) Transfer to Highway Trust Fund of amounts equivalent to
certain taxes and penalties.--
(1) * * *
* * * * * * *
(6) Limitation on transfers to Highway Trust Fund.--
(A) * * *
(B) Exception for prior obligations.--
Subparagraph (A) shall not apply to any
expenditure to liquidate any contract entered
into (or for any amount otherwise obligated)
before [March 5, 2011] October 1, 2011, in
accordance with the provisions of this section.
(c) Expenditures from Highway Trust Fund.--
(1) Federal-aid highway program.--Except as provided
in subsection (e), amounts in the Highway Trust Fund
shall be available, as provided by appropriation Acts,
for making expenditures before [March 5, 2011] October
1, 2011, to meet those obligations of the United States
heretofore or hereafter incurred which are authorized
to be paid out of the Highway Trust Fund under [the
Surface Transportation Extension Act of 2010, Part II]
the Surface Transportation Extension Act of 2011 or any
other provision of law which was referred to in this
paragraph before the date of the enactment of such Act
(as such Act and provisions of law are in effect on the
date of the enactment of such Act).
* * * * * * *
(e) Establishment of Mass Transit Account.--
(1) * * *
* * * * * * *
(3) Expenditures from Account.--Amounts in the Mass
Transit Account shall be available, as provided by
appropriation Acts, for making capital or capital
related expenditures (including capital expenditures
for new projects) before [March 5, 2011] October 1,
2011, in accordance with [the Surface Transportation
Extension Act of 2010, Part II] the Surface
Transportation Extension Act of 2011 or any other
provision of law which was referred to in this
paragraph before the date of the enactment of such Act
(as such Act and provisions of law are in effect on the
date of the enactment of such Act).
* * * * * * *
SEC. 9504. SPORT FISH RESTORATION AND BOATING TRUST FUND.
(a) * * *
(b) Sport Fish Restoration and Boating Trust Fund.--
(1) * * *
(2) Expenditures from Trust Fund.--Amounts in the
Sport Fish Restoration and Boating trust Fund shall be
available, as provided by appropriation Acts, for
making expenditures--
(A) to carry out the purposes of the Dingell-
Johnson Sport Fish Restoration Act (as in
effect on the date of the enactment of the
[Surface Transportation Extension Act of 2010,
Part II] Surface Transportation Extension Act
of 2011),
(B) to carry out the purposes of section
7404(d) of the Transportation Equity Act for
the 21st Century (as in effect on the date of
the enactment of the [Surface Transportation
Extension Act of 2010, Part II] Surface
Transportation Extension Act of 2011), and
(C) to carry out the purposes of the Coastal
Wetlands Planning, Protection and Restoration
Act (as in effect on the date of the enactment
of the [Surface Transportation Extension Act of
2010, Part II] Surface Transportation Extension
Act of 2011).
Amounts transferred to such account under section
9503(c)(4) may be used only for making expenditures
described in subparagraph (C) of this paragraph.
* * * * * * *
(d) Limitation on transfers to Trust Fund.--
(1) * * *
(2) Exception for prior obligations.--Paragraph (1)
shall not apply to any expenditure to liquidate any
contract entered into (or for any amount otherwise
obligated) before [March 5, 2011] October 1, 2011, in
accordance with the provisions of this section.
* * * * * * *