Transportation Extension Act of 2003 -
(Sec. 2) Directs the Secretary of Transportation to: (1) apportion funds made available for Federal-aid highway programs under the Transportation Equity Act for the 21st Century (TEA21) to each State according to the ratio of the State's total FY 2003 obligation authority to the FY 2003 obligation authority for all States; and (2) ensure that each State is apportioned an amount determined according to a specified formula for the Interstate maintenance program, the National Highway System program, the bridge program, the surface transportation program, the congestion mitigation and air quality improvement program, the recreational trails program, the Appalachian development highway system program, and the minimum guarantee.
Extends the off-system bridge set-aside through February 29, 2004.
Directs the Secretary to reduce the amount that would be apportioned, but for this Act, to a State for programs for FY 2004 under a law reauthorizing the Federal-aid highway program enacted after this Act's enactment by the amount that is apportioned to each State under this Act for each such program. Authorizes the Secretary to establish procedures under which certain funds apportioned for a program category for which funds are not authorized under such a law may be restored to the Federal-aid highway program.
Makes specified funds available from the Highway Trust Fund to carry out this Act for the period of October 1, 2003, through February 29, 2004, subject to a limitation on obligations for Federal-aid highways and highway safety construction programs.
Sets forth specified obligation limitations. Prohibits a State from obligating any funds for a Federal-aid highway program project after February 29, 2004, until the enactment of a multi-year law reauthorizing the Federal-aid highway program. Directs that any obligation of an allocation of obligation authority under this section be considered to be an obligation for Federal-aid highways and highway safety construction programs for FY 2004 for purposes of appropriations for the Department of Transportation for FY 2004.
(Sec. 3) Authorizes a State to transfer unobligated apportionments, with transferred funds subject to the provisions of the program to which the funds are transferred. Directs the Secretary, as soon as practicable after the enactment of a multi-year law reauthorizing the Federal-aid highway program enacted after this Act's enactment, to restore any funds that a State transferred for any project that was ineligible to receive the funds except by operation of this section to the program category from which the funds were transferred. Authorizes the Secretary to establish procedures under which funds transferred from a program category for which funds are not authorized may be restored to the Federal-aid highway program.
(Sec. 4) Makes specified funds available from the Highway Trust Fund for administrative expenses of the Federal-aid highway program for FY 2004, subject to a limitation on obligations for Federal-aid highways and highway safety construction programs.
(Sec. 5) Extends the authorization of appropriations under TEA21 for: (1) Federal lands highways (Indian reservation roads, public lands highways, park roads and parkways, and refuge roads); (2) national corridor planning and development and coordinated border infrastructure programs; (3) construction of ferry boats and ferry terminal facilities; (4) the national scenic byways program; (5) the value pricing pilot program; (6) highway use tax evasion projects; (7) the Commonwealth of Puerto Rico highway program; (8) the transportation and community and system preservation pilot program; (9) transportation infrastructure finance and innovation; (10) surface transportation research; (11) the technology deployment program; (12) training and education; (13) the Bureau of Transportation Statistics; (14) Intermodal Transportation System standards, research, operational tests, development, and deployment; (15) university transportation research; (16) metropolitan planning; (17) the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands; (18) Operation Lifesaver; (19) the bridge discretionary program; (20) interstate maintenance; (21) recreational trails administrative costs; (22) railway-highway crossing hazard elimination in high speed rail corridors; (23) seat belt safety incentive grants; and (24) prevention of intoxicated driver incentive grants.
(Sec. 6) Amends the Dingell-Johnson Sport Fish Restoration Act to extend funding through February 29, 2004, for the National Outreach and Communications Program. Makes funding available to carry out qualified projects under the Clean Vessel Act of 1992 and the Sportfishing and Boating Safety Act of 1998.
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1640 Introduced in Senate (IS)]
108th CONGRESS
1st Session
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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 22, 2003
Mr. Inhofe (for himself, Mr. Jeffords, Mr. Bond, Mr. Warner, Mr.
Voinovich, Mr. Crapo, Mr. Chafee, Mr. Cornyn, Ms. Murkowski, Mr.
Thomas, and Mr. Allard) introduced the following bill; which was read
twice and referred to the Committee on Environment and Public Works
_______________________________________________________________________
A BILL
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Transportation Extension Act of
2003''.
SEC. 2. ADVANCES.
(a) In General.--The Secretary of Transportation (referred to in
this Act as the ``Secretary'') shall apportion funds made available
under section 1101(c) of the Transportation Equity Act for the 21st
Century (112 Stat. 116), as amended by this Act, 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 highway
program; bears to
(2) the total fiscal year 2003 obligation authority for all
States for funds apportioned for the Federal-aid highway
program.
(b) Programmatic Distributions.--
(1) Programs.--Of the funds apportioned to each State under
subsection (a), the Secretary shall ensure that the State is
apportioned an amount of the funds, determined under paragraph
(2), for each of--
(A) the Interstate maintenance program;
(B) the National Highway System program;
(C) the bridge program;
(D) the surface transportation program;
(E) the congestion mitigation and air quality
improvement program;
(F) the recreational trails program;
(G) the Appalachian development highway system
program; and
(H) the minimum guarantee.
(2) In general.--The amount that each State shall be
apportioned under this subsection for each program referred to
in paragraph (1) 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.
(3) Administration of funds.--
(A) In general.--Except as provided in subparagraph
(B), funds authorized by the amendment made under
subsection (d) 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.
(B) Deductions and set-asides.--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, shall not apply to the
funds described in subparagraph (A).
(4) Special rules for minimum guarantee.--In carrying out
the minimum guarantee under section 105(c) of title 23, United
States Code, with funds apportioned under this section for the
minimum guarantee--
(A) the $2,800,000,000 set forth in paragraph (1)
of that section shall be treated as being
$1,166,667,000; and
(B) the aggregate of amounts apportioned to the
States under this section for the minimum guarantee
shall be treated, for the purpose of that section, as
amounts made available under section 105.
(5) Extension of off system bridge set aside.--Section
144(g)(3) of title 23, United States Code, is amended in the
first sentence by inserting after ``2003'' the following: ``and
in the period beginning October 1, 2003, and ending February
29, 2004,''.
(c) Repayment From Future Apportionments.--
(1) In general.--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.
(2) Program category reconciliation.--The Secretary may
establish procedures under which funds apportioned under
subsection (a) for a program category for which funds are not
authorized under a law described in paragraph (1) may be
restored to the Federal-aid highway program.
(d) Authorization of Contract Authority.--Section 1101 of the
Transportation Equity Act for the 21st Century (112 Stat. 111) is
amended by adding at the end the following:
``(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 $13,570,125,000 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.''.
(e) Limitation on Obligations.--
(1) In general.--Subject to paragraph (2), for the period
beginning October 1, 2003, and ending February 29, 2004, the
Secretary shall allocate to each State for programs funded
under this section and sections 3 and 5(c), an amount of
obligation authority made available under an Act making
appropriations for the Department of Transportation for fiscal
year 2004 that is--
(A) equal to the greater of--
(i) the unobligated balance of the State,
as of October 1, 2003, of Federal-aid highway
apportionments subject to any limitation on
obligations (except that unobligated balances
of contract authority from minimum guarantee
and Appalachian development highway system
apportionments for which obligation authority
was made available until used shall not be
included for the purpose of calculating the
unobligated balance of apportionments of a
State under this clause); or
(ii) 50 percent of the total fiscal year
2003 obligation authority of the State for
funds apportioned for the Federal-aid highway
program; but
(B) not greater than 75 percent of the total fiscal
year 2003 obligation authority of the State for funds
apportioned for the Federal-aid highway program.
(2) Limitation on amount.--
(A) In general.--Except as provided in subparagraph
(B), the total of all allocations under paragraph (1)
and allocations for programs funded under section 4 and
5 (other than section 5(c)) shall not exceed
$14,771,286,000.
(B) Exception.--Paragraph (1) shall not apply to
$266,250,000 in obligations for the minimum guarantee
for the period beginning October 1, 2003, and ending
February 29, 2004.
(3) Time period for obligations of funds.--A State shall
not obligate any funds for any Federal-aid highway program
project after February 29, 2004, until the date of enactment of
a multiyear law reauthorizing the Federal-aid highway program.
(4) Treatment of obligations.--Any obligation of an
allocation of obligation authority made under this subsection
shall be considered to be an obligation for Federal-aid
highways and highway safety construction programs for fiscal
year 2004 for the purpose of the matter under the heading
``(limitation on obligations)'' under the heading ``FEDERAL-AID
HIGHWAYS'' in an Act making appropriations for the Department
of Transportation for fiscal year 2004.
(f) Revenue Aligned Budget Authority.--Section 110 of title 23,
United States Code, shall not apply to funds apportioned, allocated,
deducted, or set aside under this Act for the period beginning October
1, 2003, and ending February 29, 2004.
SEC. 3. TRANSFER OF UNOBLIGATED APPORTIONMENTS.
(a) In General.--In addition to any other authority of a State to
transfer funds, for fiscal year 2004, a State may transfer any funds
apportioned to the State for any program under section 104(b)
(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), before, on, or after the date of
enactment of this Act, that are subject to any limitation on
obligations, and that are not obligated, to any other of those
programs.
(b) Treatment of Transferred Funds.--
(1) In general.--Except as provided in paragraph (2), any
funds of a program described in subsection (a) that are
transferred to another program described in that subsection
shall be subject to the provisions of the program to which the
funds are transferred.
(2) Exception.--Funds of a program described in subsection
(a) that are transferred to a program under section 133 (other
than subsections (d)(1) and (d)(2)) of title 23, United States
Code, shall not be subject to section 133(d) of that title.
(c) Restoration of Apportionments.--
(1) In general.--As soon as practicable after the date of
enactment of a multiyear law reauthorizing the Federal-aid
highway program enacted after the date of enactment of this
Act, the Secretary of Transporation shall restore any funds
that a State transferred under subsection (a) for any project
that was ineligible to receive the funds except by operation of
this section to the program category from which the funds were
transferred.
(2) Program category reconciliation.--The Secretary may
establish procedures under which funds transferred under
subsection (a) from a program category for which funds are not
authorized may be restored to the Federal-aid highway program.
(3) Limitation on statutory construction.--No provision of
law, except a statute enacted after the date of enactment of
this Act that expressly limits the application of this
subsection, shall impair the authority of the Secretary to
restore funds in accordance with this subsection.
(d) Guidance.--The Secretary may issue guidance for use in carrying
out this section.
SEC. 4. ADMINISTRATIVE EXPENSES.
(a) Authorization of Contract Authority.--There shall be available
from the Highway Trust Fund (other than the Mass Transit Account) for
administrative expenses of the Federal-aid highway program $187,500,000
for fiscal year 2004.
(b) Contract Authority.--Funds made available by this section
shall--
(1) be available for obligation in the same manner as if
the funds were apportioned under chapter 1 of title 23, United
States Code;
(2) be subject to a limitation on obligations for Federal-
aid highways and highway safety construction programs; and
(3) remain available until expended.
SEC. 5. OTHER FEDERAL-AID HIGHWAY PROGRAMS.
(a) Authorization of Appropriations Under Title I of TEA-21.--
(1) Federal lands highways.--
(A) Indian reservation roads.--Section
1101(a)(8)(A) of the Transportation Equity Act for the
21st Century (112 Stat. 112) is amended by inserting
before the period at the end the following: ``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.--Section 1101(a)(8)(B)
of the Transportation Equity Act for the 21st Century
(112 Stat. 112) is amended by inserting before the
period at the end the following: ``and $102,500,000 for
the period beginning October 1, 2003, and ending
February 29, 2004.''
(C) Park roads and parkways.--Section 1101(a)(8)(C)
of the Transportation Equity Act for the 21st Century
(112 Stat. 112) is amended by inserting before the
period at the end the following: ``and $68,750,000 for
the period beginning October 1, 2003, and ending
February 29, 2004''.
(D) Refuge roads.--Section 1101(a)(8)(D) of the
Transportation Equity Act for the 21st Century (112
Stat. 112) is amended by inserting before the period at
the end the following: ``and $8,333,000 for the period
beginning October 1, 2003, and ending February 29,
2004''.
(2) National corridor planning and development and
coordinated border infrastructure programs.--Section 1101(a)(9)
of the Transportation Equity Act for the 21st Century (112
Stat. 112) is amended by inserting before the period at the end
the following: ``and $58,333,000 for the period beginning
October 1, 2003, and ending February 29, 2004''.
(3) Construction of ferry boats and ferry terminal
facilities.--
(A) In general.--Section 1101(a)(10) of the
Transportation Equity Act for the 21st Century (112
Stat. 112) is amended by striking ``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''.
(B) Set aside for alaska, new jersey, and
washington.--To carry out section 1064 of the
Intermodal Surface Transportation Efficiency Act of
1991 (23 U.S.C. 129 note; 105 Stat. 2005; 112 Stat.
185), of funds made available by the amendment made by
subparagraph (A)--
(i) $4,166,000 shall be available to carry
out section 1064(d)(2) of that Act;
(ii) $2,083,000 shall be available to carry
out section 1064(d)(3) of that Act; and
(iii) $2,083,000 shall be available to
carry out section 1064(d)(4) of that Act.
(4) National scenic byways program.--Section 1101(a)(11) of
the Transportation Equity Act for the 21st Century (112 Stat.
113) is amended--
(A) by striking ``and'' the last place it appears;
and
(B) by inserting before the period at the end the
following: ``, and $11,041,000 for the period beginning
October 1, 2003, and ending February 29, 2004''.
(5) Value pricing pilot program.--Section 1101(a)(12) of
the Transportation Equity Act for the 21st Century (112 Stat.
113) is amended--
(A) by striking ``and''; and
(B) by inserting before the period at the end the
following: ``, and $4,583,000 for the period of October
1, 2003, through February 29, 2004''.
(6) Highway use tax evasion projects.--Section 1101(a)(14)
of the Transportation Equity Act for the 21st Century (112
Stat. 113) is amended by inserting before the period at the end
the following: ``, and $2,083,000 for the period beginning
October 1, 2003, and ending February 29, 2004''.
(7) Commonwealth of puerto rico highway program.--
(A) In general.--Section 1101(a)(15) of the
Transportation Equity Act for the 21st Century (112
Stat. 113) is amended by inserting before the period at
the end the following: `` and $45,833,000 for the
period beginning October 1, 2003, and ending February
29, 2004''.
(B) Conforming amendment.--Section 1214(r)(1) of
the Transportation Equity Act for the 21st Century (112
Stat. 209) is amended by striking ``2003'' and
inserting ``2004''.
(8) Transportation and community and system preservation
pilot program.--Section 1221(e)(1) of the Transportation Equity
Act for the 21st Century (23 U.S.C. 101 note; 112 Stat. 223) is
amended--
(A) by striking ``1999 and'' and inserting
``1999,''; and
(B) by inserting before the period at the end the
following: `` and $10,416,000 for the period beginning
October 1, 2003, and ending February 29, 2004''.
(9) Transportation infrastructure finance and innovation.--
Section 188 of title 23, United States Code, is amended--
(A) in subsection (a)(1)--
(i) in subparagraph (D), by striking
``and'' at the end;
(ii) in subparagraph (E), by striking the
period at the end and inserting ``; and''; and
(iii) by adding at the end the following:
``(F) $54,166,000 for the period beginning October
1, 2003, and ending February 29, 2004.'';
(B) in subsection (a)(2), by inserting after
``2003'' the following: ``and $833,000 for the period
beginning October 1, 2003, and ending February 29,
2004''; and
(C) in subsection (c)--
(i) by striking ``2003'' and inserting
``2004''; and
(ii) by striking the period at the end of
the table and inserting the following:
``2004.........................
$1,300,000,000.''.
(b) Reauthorization of Appropriations Under Title V of TEA-21.--
(1) Surface transportation research.--Section 5001(a)(1) of
the Transportation Equity Act for the 21st Century (112 Stat.
419) is amended--
(A) by striking ``2002, and'' and inserting
``2002,''; and
(B) by inserting after ``2003'' the following:
``and $42,916,000 for the period beginning October 1,
2003, and ending February 29, 2004''.
(2) Technology deployment program.--Section 5001(a)(2) of
the Transportation Equity Act for the 21st Century (112 Stat.
419) is amended--
(A) by striking ``2002, and'' and inserting
``2002,''; and
(B) by inserting after ``2003'' the following:
``and $20,833,000 for the period beginning October 1,
2003, and ending February 29, 2004''.
(3) Training and education.--Section 5001(a)(3) of the
Transportation Equity Act for the 21st Century (112 Stat. 420)
is amended--
(A) by striking ``2002, and'' and inserting
``2002,''; and
(B) by inserting after ``2003'' the following:
``and $8,333,000 for the period beginning October 1,
2003, and ending February 29, 2004''.
(4) Bureau of transportation statistics.--Section
5001(a)(4) of the Transportation Equity Act for the 21st
Century (112 Stat. 420) is amended by inserting before the
period at the end the following: ``, and $12,916,000 for the
period beginning October 1, 2003, and ending February 29,
2004''.
(5) ITS standards, research, operational, tests, and
development.--Section 5001(a)(5) of the Transportation Equity
Act for the 21st Century (112 Stat. 420) is amended--
(A) by striking ``2002, and'' and inserting
``2002,''; and
(B) by inserting after ``2003'' the following: ``,
and $45,833,000 for the period beginning October 1,
2003, and ending February 29, 2004''.
(6) ITS deployment.--Section 5001(a)(6) of the
Transportation Equity Act for the 21st Century (112 Stat. 420)
is amended--
(A) by striking ``2002, and'' and inserting
``2002,''; and
(B) by inserting after ``2003'' the following: ``,
$50,833,000 for the period beginning October 1, 2003,
and ending February 29, 2004''.
(7) University transportation research.--Section 5001(a)(7)
of the Transportation Equity Act for the 21st Century (112
Stat. 420) is amended--
(A) by striking ``2002, and'' and inserting
``2002,''; and
(B) by inserting after ``2003'' the following: ``,
$11,041,000 for the period beginning October 1, 2003,
and ending February 29, 2004''.
(c) Metropolitan Planning.--Section 1101 of the Transportation
Equity Act for the 21st Century (112 Stat. 111) (as amended by section
2(d)) is amended by adding at the end the following:
``(d) 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.''.
(d) Territories.--Section 1101 of the Transportation Equity Act for
the 21st Century (112 Stat. 111) (as amended by subsection (c)) is
amended by adding at the end the following:
``(e) 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.''.
(e) Operation Lifesaver.--Section 1101 of the Transportation Equity
Act for the 21st Century (112 Stat. 111) (as amended by subsection (d))
is amended by adding at the end the following:
``(f) 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.''.
(f) Bridge Discretionary Program.--Section 1101 of the
Transportation Equity Act for the 21st Century (112 Stat. 111) (as
amended by subsection (e)) is amended by adding at the end the
following:
``(g) 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.''.
(g) Interstate Maintenance.--Section 1101 of the Transportation
Equity Act for the 21st Century (112 Stat. 111) (as amended by
subsection (f)) is amended by adding at the end the following:
``(h) 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.''.
(h) Recreational Trails Administrative Costs.--Section 1101 of the
Transportation Equity Act for the 21st Century (112 Stat. 111) (as
amended by subsection (g)) is amended by adding at the end the
following:
``(i) 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.''.
(i) Railway-Highway Crossing Hazard Eliminations in High Speed Rail
Corridors.--Section 1101 of the Transportation Equity Act for the 21st
Century (112 Stat. 111) (as amended by subsection (h)) is amended by
adding at the end the following:
``(j) 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.''.
(j) Seat Belt Safety Incentive Grants.--
(1) In general.--Section 157 of title 23, United States
Code, is amended--
(A) in subsection (a)--
(i) in paragraph (3), by striking ``2001''
and inserting ``2002''; and
(ii) in paragraph (8)(B), by striking
``2001'' and inserting ``2002'';
(B) in subsection (b), by striking ``2002'' and
inserting ``2003'';
(C) in subsection (c), by striking ``2002'' each
place it appears and inserting ``2003'';
(D) in subsection (f)(4), by striking ``2002'' and
inserting ``2003'';
(E) in subsection (g)(3)(B)--
(i) in the subparagraph heading, by
striking ``2003'' and inserting ``2004''; and
(ii) by striking ``2003'' and inserting
``2004''.
(2) Authorization.--Section 1101 of the Transportation
Equity Act for the 21st Century (112 Stat. 111) (as amended by
subsection (i)), is amended by adding at the end the following:
``(k) 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.''.
(k) Prevention of Intoxicated Driver Incentive Grants.--Section
1101 of the Transportation Equity Act for the 21st Century (112 Stat.
111) (as amended by subsection (j)), is amended by adding at the end
the following:
``(l) 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.''.
(l) Nondiscrimination.--Section 1101 of the Transportation Equity
Act for the 21st Century (112 Stat. 111) (as amended by subsection (k))
is amended by adding at the end the following:
``(m) 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.''.
(m) Administration of Funds.--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)).
(n) Reduction of Allocated Programs.--The Secretary shall 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.
(o) Program Category Reconciliation.--The Secretary may 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.
(p) Transportation Infrastructure Finance and Innovation.--Section
1101 of the Transportation Equity Act for the 21st Century (112 Stat.
111) (as amended by subsection (l)) is amended by adding at the end the
following:
``(n) 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.''.
SEC. 6. SPORT FISHING AND BOATING SAFETY.
(a) Funding for National Outreach and Communications Program.--
Section 4(c) of the Dingell-Johnson Sport Fish Restoration Act (16
U.S.C. 777c(c)) is amended--
(1) in paragraph (4), by striking ``and'' at the end;
(2) in paragraph (5), by inserting ``and'' after the
semicolon at the end; and
(3) by inserting after paragraph (5) the following:
``(6) $4,166,000 for the period beginning October 1, 2003,
and ending February 29, 2004;''.
(b) Clean Vessel Act Funding.--Section 4(b) of the Dingell-Johnson
Sport Fish Restoration Act (16 U.S.C. 777c(b)) is amended--
(1) by redesignating paragraph (4) as paragraph (5); and
(2) by inserting after paragraph (3) the following:
``(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.''.
(c) Boat Safety Funds.--Section 13106 of title 46, United States
Code, is amended by striking subsection (c) and inserting the
following:
``(c) Boating Safety Funds.--
``(1) In general.--Of the amount transferred to the
Secretary of Transportation under paragraph (4) of section 4(b)
of the Dingell-Johnson Sport Fish Restoration Act (16 U.S.C.
777c(b)), $2,083,000 is available to the Secretary for payment
of expenses of the Coast Guard for personnel and activities
directly related to coordinating and carrying out the national
recreational boating safety program under this title, of which
$833,000 shall be available to the Secretary only to ensure
compliance with chapter 43 of this title.
``(2) Use of funds.--No funds available to the Secretary of
Transportation under this subsection may be used--
``(A) to replace funding traditionally provided
through general appropriations; or
``(B) for any purposes except a purpose authorized
by this section.
``(3) Availability of funds.--Amounts made available by
this subsection shall remain available until expended.
``(4) Accounting.--The Secretary shall publish annually in
the Federal Register a detailed accounting of the projects,
programs, and activities funded under this subsection.''.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S11756-11757)
Read twice and referred to the Committee on Environment and Public Works.
Committee on Environment and Public Works. Ordered to be reported without amendment favorably.
Committee on Environment and Public Works. Reported by Senator Inhofe with amendments. With written report No. 108-154.
Committee on Environment and Public Works. Reported by Senator Inhofe with amendments. With written report No. 108-154.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 287.
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