# Hiring Incentives to Restore Employment Act/Title IV

TITLE IV—EXTENSION OF CURRENT SURFACE TRANSPORTATION PROGRAMS

#### SEC. 401. SHORT TITLE.

This title may be cited as the `Surface Transportation Extension Act of 2010'. Subtitle A--Federal-aid Highways

### 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 December 31, 2010.
    (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) for fiscal year 2010, a sum equal to 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); and
       (2) for the period beginning on October 1, 2010, and ending on December 31, 2010, a sum equal to 1/4 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) FISCAL YEAR 2010- Except as otherwise expressly provided in this Act, funds authorized to be appropriated under subsection (b)(1) for fiscal year 2010 shall be distributed, administered, limited, and made available for obligation in the same manner and at the same level as 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).
       (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 December 31, 2010, shall be distributed, administered, limited, and made available for obligation in the same manner and at the same level as 1/4 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).
       (3) CALCULATION- The amounts authorized to be appropriated under subsection (b) shall be calculated without regard to any rescission or cancellation of funds or contract authority for fiscal year 2009 under the SAFETEA-LU (119 Stat. 1144) or any other law.
       (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) for fiscal year 2010, shall be subject to a limitation on obligations for Federal-aid highways and highway safety construction programs included in an Act making appropriations for fiscal year 2010 or a portion of that fiscal year; and
             (ii) for the period beginning on October 1, 2010, and ending on December 31, 2010, 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 1/4 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) section 125 of title 23, United States Code; or
             (ii) section 105 of title 23, United States Code--
                (I) for fiscal year 2010, only in an amount equal to $639,000,000; and
                (II) for the period beginning on October 1, 2010, and ending on December 31, 2010, only in an amount equal to $159,750,000.
       (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 1/4 .
    (d) Extension and Flexibility for Certain Allocated Programs-
       (1) FISCAL YEAR 2010- Notwithstanding any other provision of law, for fiscal year 2010, the portion of the share of funds of a State under subsection (b)(1) determined by 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) made available to the State for programs apportioned under sections 104(b) and 144 of title 23, United States Code, and in the same proportion for each such program that--
             (i) the amount apportioned to the State for that program for fiscal year 2009; bears to
             (ii) the amount apportioned to the State for fiscal year 2009 for all programs apportioned under such sections of such Code; and
          (B) administered in the same manner and with the same period of availability as such funding is administered under programs identified in subparagraph (A), except that no funds may be used to carry out the project described in section 1307(d)(1) of the SAFETEA-LU (119 Stat. 1217; 122 Stat. 1577).
       (2) FISCAL YEAR 2011- Notwithstanding any other provision of law, for the period beginning on October 1, 2010, and ending on December 31, 2010, the portion of the share of funds of a State under subsection (b)(2) determined by 1/4 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) made available to the State for programs apportioned under sections 104(b) and 144 of title 23, United States Code, and in the same proportion for each such program that--
             (i) the amount apportioned to the State for that program for fiscal year 2009; bears to
             (ii) the amount apportioned to the State for fiscal year 2009 for all programs apportioned under such sections of such Code; and
          (B) administered in the same manner and with the same period of availability as such funding is administered under programs identified in subparagraph (A), except that no funds may be used to carry out the project described in section 1307(d)(1) of the SAFETEA-LU (119 Stat. 1217; 122 Stat. 1577).
       (3) TERRITORIES AND PUERTO RICO-
          (A) FISCAL YEAR 2010- Notwithstanding any other provision of law, for fiscal year 2010, the portion of the share of funds of a territory or Puerto Rico under paragraph (b)(1) determined by 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) for a territory, made available and administered in the same manner as funding is made available and administered under section 215 of title 23, United States Code; and
             (ii) for Puerto Rico, made available and administered in the same manner as funding is made available and administered under section 165 of title 23, United States Code.
          (B) FISCAL YEAR 2011- Notwithstanding any other provision of law, for the period beginning on October 1, 2010, and ending on December 31, 2010, the portion of the share of funds of a territory or Puerto Rico under paragraph (b)(2) determined by 1/4 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) for a territory, made available and administered in the same manner as funding is made available and administered under section 215 of title 23, United States Code; and
             (ii) for Puerto Rico, made available and administered in the same manner as funding is made available and administered under section 165 of title 23, United States Code.
          (C) TERRITORY DEFINED- In this paragraph, the term `territory' means any of the following territories of the United States: American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, or the United States Virgin Islands.
       (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 to achieve the authorized purpose of the project or activity.
          (B) RESERVATION AND REDISTRIBUTION OF FUNDS- Funds made available in accordance with paragraph (1) or (2) of subsection (c) or paragraph (1) or (2) of this subsection for a project or activity described in subparagraph (A) shall be--
             (i) reserved by the Secretary of Transportation; and
             (ii) distributed to each State in accordance with paragraph (1) or (2) of subsection (c), or paragraph (1) or (2) of this subsection, as appropriate, for use in carrying out other highway projects and activities extended by subsection (c) or this subsection, in the proportion that--
                (I) the total amount of funds made available for fiscal year 2009 for projects and activities described in subparagraph (A) in the State; bears to
                (II) the total amount of funds made available for fiscal year 2009 for those projects and activities in all States.
    (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) for fiscal year 2010, at the funding levels authorized for those programs for fiscal year 2009; and
          (B) for the period beginning on October 1, 2010, and ending on December 31, 2010, at 1/4 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) fiscal year 2010; or
          (B) the period beginning on October 1, 2010, and ending on December 31, 2010.
       (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 to achieve the authorized purpose of the project or activity.
          (B) DISTRIBUTION- Funds that would have been made available under paragraph (1) for a project or activity but for the prohibition under subparagraph (A) shall be distributed in accordance with paragraph (2).

#### 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) $422,425,000 for fiscal year 2010; and
       (2) $105,606,250 for the period beginning on October 1, 2010, and ending on December 31, 2010.
    (b) Contract Authority- Funds authorized to be appropriated by this section shall be--
       (1) 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
       (2) subject to a limitation on obligations for Federal-aid highways and highway safety construction programs, except that such funds shall remain available until expended.

#### SEC. 413. RESCISSION OF UNOBLIGATED BALANCES.

    (a) In General- The Secretary of Transportation shall restore funds rescinded pursuant to section 10212 of the SAFETEA-LU (Public Law 109-59; 119 Stat. 1937) to the States and to the programs from which the funds were rescinded.
    (b) Administration of Funds- The restored amounts shall be administered in the same manner as the funds originally rescinded, except those funds may only be used with an obligation limitation provided in an Act making appropriations for Federal-aid highways and highway safety construction programs enacted after implementation of the rescission under section 10212 of the SAFETEA-LU (Public Law 109-59; 119 Stat. 1937).
    (c) Funding-
       (1) IN GENERAL- There is authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) for fiscal year 2010 to carry out this section an amount equal to the amount of funds rescinded under section 10212 of the SAFETEA-LU (Public Law 109-59; 119 Stat. 1937).
       (2) AVAILABILITY FOR OBLIGATION- Funds authorized to be appropriated by this section shall be--
          (A) made available under this section and available for obligation in the same manner as if the funds were apportioned under chapter 1 of title 23, United States Code, except that the funds shall retain the characteristics of the funds originally rescinded; and
          (B) subject to a limitation on obligations for Federal-aid highways and highway safety construction programs included in an Act making appropriations for fiscal year 2010 or a portion of the fiscal year.
    (d) Limitation- No funds authorized to be restored under this section shall be restored after the end of fiscal year 2010.

#### SEC. 414. RECONCILIATION OF FUNDS.

The Secretary shall reduce the amount apportioned or allocated for a program, project, or activity under this title by amounts apportioned or allocated pursuant to the Continuing Appropriations Resolution, 2010 (Public Law 111-68).

### Subtitle B—National Highway Traffic Safety Administration, Federal Motor Carrier Safety Administration, and Additional Programs
#### SEC. 421. EXTENSION OF NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION HIGHWAY SAFETY PROGRAMS.

    (a) Chapter 4 Highway Safety Programs- Section 2001(a)(1) of the SAFETEA-LU (119 Stat. 1519) is amended--
       (1) by striking `and'; and
       (2) by striking `2009.' and inserting `2009, $235,000,000 for fiscal year 2010, and $58,750,000 for the period beginning on October 1, 2010, and ending on December 31, 2010.'.
    (b) Highway Safety Research and Development- Section 2001(a)(2) of the SAFETEA-LU (119 Stat. 1519) is amended--
       (1) by striking `and'; and
       (2) by striking `2009.' and inserting `2009, $107,329,000 for fiscal year 2010, and $27,061,000 for the period beginning on October 1, 2010, and ending on December 31, 2010.'.
    (c) Occupant Protection Incentive Grants-
       (1) EXTENSION OF PROGRAM- Section 405(a) of title 23, United States Code, is amended--
          (A) in paragraph (3), by striking `6' and inserting `8'; and
          (B) in paragraph (4)(C), by striking `fifth and sixth' and inserting `fifth through eighth'.
       (2) AUTHORIZATION OF APPROPRIATIONS- Section 2001(a)(3) of the SAFETEA-LU (119 Stat. 1519) is amended--
          (A) by striking `and'; and
          (B) by striking `2009.' and inserting `2009, $25,000,000 for fiscal year 2010, and $6,250,000 for the period beginning on October 1, 2010, and ending on December 31, 2010.'.
    (d) Safety Belt Performance Grants- Section 2001(a)(4) of the SAFETEA-LU (119 Stat. 1519) is amended--
       (1) by striking `and'; and
       (2) by striking `2009.' and inserting `2009, $124,500,000 for fiscal year 2010, and $31,125,000 for the period beginning on October 1, 2010, and ending on December 31, 2010.'.
    (e) State Traffic Safety Information System Improvements- Section 2001(a)(5) of the SAFETEA-LU (119 Stat. 1519) is amended--
       (1) by striking `and'; and
       (2) by striking `2009.' and inserting `2009, $34,500,000 for fiscal year 2010, and $8,625,000 for the period beginning on October 1, 2010, and ending on December 31, 2010.'.
    (f) Alcohol-impaired Driving Countermeasures Incentive Grant Program-
       (1) EXTENSION OF PROGRAM- Section 410 of title 23, United States Code, is amended--
          (A) in subsection (a)(3)(C), by striking `fifth, sixth, seventh, and eighth' and inserting `fifth through tenth'; and
          (B) in subsection (b)(2)(C), by striking `2008 and 2009' and inserting `2008, 2009, 2010, and 2011'.
       (2) AUTHORIZATION OF APPROPRIATIONS- Section 2001(a)(6) of the SAFETEA-LU (119 Stat. 1519) is amended--
          (A) by striking `and'; and
          (B) by striking `2009.' and inserting `2009, $139,000,000 for fiscal year 2010, and $34,750,000 for the period beginning on October 1, 2010, and ending on December 31, 2010.'.
    (g) National Driver Register- Section 2001(a)(7) of the SAFETEA-LU (119 Stat. 1520) is amended--
       (1) by striking `and'; and
       (2) by striking `2009.' and inserting `2009, $4,078,000 for fiscal year 2010, and $1,029,000 for the period beginning on October 1, 2010, and ending on December 31, 2010.'.
    (h) High Visibility Enforcement Program-
       (1) EXTENSION OF PROGRAM- Section 2009(a) of the SAFETEA-LU (23 U.S.C. 402 note) is amended by striking `2009' and inserting `2011'.
       (2) AUTHORIZATION OF APPROPRIATIONS- Section 2001(a)(8) of the SAFETEA-LU (119 Stat. 1520) is amended--
          (A) by striking `and'; and
          (B) by striking `2009.' and inserting `2009, $29,000,000 for fiscal year 2010, and $7,250,000 for the period beginning on October 1, 2010, and ending on December 31, 2010.'.
    (i) Motorcyclist Safety-
       (1) EXTENSION OF PROGRAM- Section 2010(d)(1)(B) of the SAFETEA-LU (23 U.S.C. 402 note) is amended by striking `and fourth' and inserting `fourth, fifth, and sixth'.
       (2) AUTHORIZATION OF APPROPRIATIONS- Section 2001(a)(9) of the SAFETEA-LU (119 Stat. 1520) is amended--
          (A) by striking `and'; and
       (B) by striking `2009.' and inserting `2009, $7,000,000 for fiscal year 2010, and $1,750,000 for the period beginning on October 1, 2010, and ending on December 31, 2010.'.
    (j) Child Safety and Child Booster Seat Safety Incentive Grants-
       (1) EXTENSION OF PROGRAM- Section 2011(c)(2) of the SAFETEA-LU (23 U.S.C. 405 note) is amended by striking `fourth fiscal year' and inserting `fourth, fifth, and sixth fiscal years'.
       (2) AUTHORIZATION OF APPROPRIATIONS- Section 2001(a)(10) of the SAFETEA-LU (119 Stat. 1520) is amended--
          (A) by striking `and'; and
          (B) by striking `2009.' and inserting `2009, $7,000,000 for fiscal year 2010, and $1,750,000 for the period beginning on October 1, 2010, and ending on December 31, 2010.'.
    (k) Administrative Expenses- Section 2001(a)(11) of the SAFETEA-LU (119 Stat. 1520) is amended--
       (1) by striking `and' the last place it appears; and
       (2) by striking `2009.' and inserting `2009, $25,047,000 for fiscal year 2010, and $6,332,000 for the period beginning on October 1, 2010, and ending on December 31, 2010.'.
    (l) Applicability of Title 23- Section 2001(c) of the SAFETEA-LU (119 Stat. 1520) is amended by striking `2009' and inserting `2011'.
    (m) Drug-impaired Driving Enforcement- Section 2013(f) of the SAFETEA-LU (23 U.S.C. 403 note) is amended by striking `2009' and inserting `2011'.
    (n) Older Driver Safety; Law Enforcement Training- Section 2017 of the SAFETEA-LU is amended--
       (1) in subsection (a)(1) (119 Stat. 1541), by striking `2009' and inserting `2011'; and
       (2) in subsection (b)(2) (23 U.S.C. 402 note), by striking `2009' and inserting `2011'.

#### SEC. 422. EXTENSION OF FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION PROGRAMS.

    (a) Motor Carrier Safety Grants- Section 31104(a) of title 49, United States Code, is amended--
       (1) in paragraph (4), by striking `and' at the end;
       (2) in paragraph (5), by striking the period at the end and inserting `; and'; and
       (3) by adding at the end the following:
          `(6) $209,000,000 for fiscal year 2010; and
          `(7) $52,679,000 for the period beginning on October 1, 2010, and ending on December 31, 2010.'.
    (b) Administrative Expenses- Section 31104(i)(1) of title 49, United States Code, is amended--
       (1) in subparagraph (D), by striking `and';
       (2) in subparagraph (E), by striking the period at the end and inserting `; and'; and
       (3) by adding at the end the following:
          `(F) `(F) $239,828,000 for fiscal year 2010; and
          `(G) `(G) $61,036,000 for the period beginning on October 1, 2010, and ending on December 31, 2010.'.
    (c) Grant Programs- Section 4101(c) of the SAFETEA-LU (119 Stat. 1715) is amended--
       (1) in paragraph (1), by striking `2009.' and inserting `2009, and $25,000,000 for fiscal year 2010, and $6,301,000 for the period beginning on October 1, 2010, and ending on December 31, 2010.';
       (2) in paragraph (2), by striking `2009.' and inserting `2009, $32,000,000 for fiscal year 2010, and $8,066,000 for the period beginning on October 1, 2010, and ending on December 31, 2010.';
       (3) in paragraph (3), by striking `2009.' and inserting `2009, $5,000,000 for fiscal year 2010, and $1,260,000 for the period beginning on October 1, 2010, and ending on December 31, 2010.';
       (4) in paragraph (4), by striking `2009.' and inserting `2009, $25,000,000 for fiscal year 2010, and $6,301,000 for the period beginning on October 1, 2010, and ending on December 31, 2010.'; and
       (5) in paragraph (5), by striking `2009.' and inserting `2009, $3,000,000 for fiscal year 2010, and $756,000 for the period beginning on October 1, 2010, and ending on December 31, 2010.'.
    (d) High-priority Activities- Section 31104(k) of title 49, United States Code, is amended by striking `2009' in paragraph (2) and inserting `2009, $15,000,000 for fiscal year 2010, and $3,781,000 for the period beginning on October 1, 2010, and ending on December 31, 2010'.
    (e) New Entrant Audits- Section 31144(g)(5)(B) of title 49, United States Code, is amended by inserting `(and up to $7,310,000 for the period beginning on October 1, 2010, and ending on December 31, 2010)' after `fiscal year'.
    (f) Commercial Driver's License Information System Modernization- Section 4123(d) of the SAFETEA-LU (119 Stat. 1736) is amended--
       (1) in paragraph (3), by striking `and' at the end;
       (2) in paragraph (4), by striking the period at the end and inserting a semicolon; and
       (3) by adding at the end the following:
          `(5) $8,000,000 for fiscal year 2010; and
          `(6) $2,016,000 for the period beginning on October 1, 2010, and ending on December 31, 2010.'.
    (g) Outreach and Education- Section 4127(e) of the SAFETEA-LU (119 Stat. 1741) is amended by striking `and 2009' and inserting `2009, and 2010, and $252,000 to the Federal Motor Carrier Safety Administration, and $756,000 to the National Highway Traffic Safety Administration, for the period beginning on October 1, 2010, and ending on December 31, 2010,'.
    (h) Grant Program for Commercial Motor Vehicle Operators- Section 4134(c) of the SAFETEA-LU (119 Stat. 1744) is amended by striking `2009' and inserting `2009, 2010, and $252,000 for the period beginning on October 1, 2010, and ending on December 31, 2010,'.
    (i) Motor Carrier Safety Advisory Committee- Section 4144(d) of the SAFETEA-LU (1119 Stat. 1748) is amended by striking `September 30, 2010' and inserting `December 31, 2010'.
    (j) Working Group for Development of Practices and Procedures To Enhance Federal-State Relations- Section 4213(d) of the SAFETEA-LU (49 U.S.C. 14710 note) is amended by striking `September 30, 2009' and inserting `December 31, 2010'.

#### SEC. 423. ADDITIONAL PROGRAMS.

    (a) Hazardous Materials Research Projects- Section 7131(c) of the SAFETEA-LU (119 Stat. 1910) is amended by striking `through 2009' and inserting `through 2010, and $315,000 for the period beginning on October 1, 2010, and ending on December 31, 2010,'.
    (b) Dingell-Johnson Sport Fish Restoration Act- Section 4 of the Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777c) is amended--
       (1) in subsection (a), in the matter preceding paragraph (1), by striking `2009,' and inserting `2010 and for the period beginning on October 1, 2010, and ending on December 31, 2010,'; and
       (2) in subsection (b)(1)(A), by striking `2010,' and inserting `and for the period beginning on October 1, 2010, and ending on December 31, 2010,'.

### Subtitle C—Public Transportation Programs
#### SEC. 431. ALLOCATION OF FUNDS FOR PLANNING PROGRAMS.

Section 5305(g) of title 49, United States Code, is amended by striking `2009' and inserting `2010, and for the period beginning October 1, 2010, and ending December 31, 2010,'.

#### SEC. 432. SPECIAL RULE FOR URBANIZED AREA FORMULA GRANTS.

Section 5307(b)(2) of title 49, United States Code, is amended--
    (1) in the paragraph heading, by striking `2009' and inserting `2010, AND THE PERIOD BEGINNING OCTOBER 1, 2010, AND ENDING DECEMBER 31, 2010';
    (2) in subparagraph (A), by striking `2009,' and inserting `2010, and the period beginning October 1, 2010, and ending December 31, 2010,'; and
       (3) in subparagraph (E)--
          (A) in the subparagraph heading, by striking `AND 2009' and inserting `THROUGH 2010 AND DURING THE PERIOD BEGINNING OCTOBER 1, 2010, AND ENDING DECEMBER 31, 2010'; and
          (B) in the matter preceding clause (i), by striking `and 2009' and inserting `through 2010, and during the period beginning October 1, 2010, and ending December 31, 2010,'.

#### SEC. 433. ALLOCATING AMOUNTS FOR CAPITAL INVESTMENT GRANTS.

Section 5309(m) of title 49, United States Code, is amended--
    (1) in paragraph (2)--
       (A) in the heading, by striking `2009' and inserting `2010 AND OCTOBER 1, 2010, THROUGH DECEMBER 31, 2010';
       (B) in the matter preceding subparagraph (A), by striking `2009' and inserting `2010, and during the period beginning October 1, 2010, and ending December 31, 2010,'; and
       (C) in subparagraph (A)(i), by striking `2009' and inserting `2010, and $50,000,000 for the period beginning October 1, 2010, and ending December 31, 2010,';
    (2) in paragraph (6)--
       (A) in subparagraph (B), by striking `2009' and inserting `2010, and $3,750,000 shall be available for the period beginning October 1, 2010, and ending December 31, 2010,'; and
       (B) in subparagraph (C), by striking `2009' and inserting `2010, and $1,250,000 shall be available for the period beginning October 1, 2010 and ending December 31, 2010,'; and
    (3) in paragraph (7)--
       (A) in subparagraph (A)--
          (i) by redesignating clauses (i) through (viii) as subclauses (I) through (VIII), respectively;
          (ii) in the matter preceding subclause (I), as so redesignated, by striking `$10,000,000' and all that follows through `2009' and inserting the following:
             `(i) FISCAL YEARS 2006 THROUGH 2010- $10,000,000 shall be available in each of fiscal years 2006 through 2010'; and
          (iii) by inserting after subclause (VIII), as so redesignated, the following:
             `(ii) SPECIAL RULE FOR OCTOBER 1, 2010, THROUGH DECEMBER 31, 2010- $2,500,000 shall be available in the period beginning October 1, 2010, and ending December 31, 2010, 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 25 percent of each dollar amount specified in subclauses (I) through (VIII).';'.
       (B) in subparagraph (B), by inserting after `2009.' the following:
          `(v) $13,500,000 for fiscal year 2010.
          `(vi) $3,375,000 for the period beginning October 1, 2010, and ending December 31, 2010.';
       (C) in subparagraph (C), by inserting `, and during the period beginning October 1, 2010, and ending December 31, 2010,' after `fiscal year';
       (D) in subparagraph (D), by inserting `, and not less than $8,750,000 shall be available for the period beginning October 1, 2010, and ending December 31, 2010,' after `year'; and
       (E) in subparagraph (E), by inserting `, and $750,000 shall be available for the period beginning October 1, 2010, and ending December 31, 2010,' after `year'.

#### SEC. 434. APPORTIONMENT OF FORMULA GRANTS FOR OTHER THAN URBANIZED AREAS.

Section 5311(c)(1) of title 49, United States Code, is amended by adding at the end the following:
    `(E) $15,000,000 for fiscal year 2010.
    `(F) $3,750,000 for the period beginning October 1, 2010, and ending December 31, 2010.'.

#### SEC. 435. APPORTIONMENT BASED ON FIXED GUIDEWAY FACTORS.

Section 5337 of title 49, United States Code, is amended--
    (1) in subsection (a), in the matter preceding paragraph (1), by striking `2009' and inserting `2010'; and
    (2) by adding at the end the following:
`(g) Special Rule for October 1, 2010, Through December 31, 2010- The Secretary shall apportion amounts made available for fixed guideway modernization under section 5309 for the period beginning October 1, 2010, and ending December 31, 2010, in accordance with subsection (a), except that the Secretary shall apportion 25 percent of each dollar amount specified in subsection (a).'.

#### SEC. 436. AUTHORIZATIONS FOR PUBLIC TRANSPORTATION.

    (a) Formula and Bus Grants- Section 5338(b) of title 49, United States Code, is amended--
       (1) in paragraph (1)--
          (A) in subparagraph (C), by striking `and' at the end;
          (B) in subparagraph (D), by striking the period at the end and inserting a semicolon; and
          (C) by adding at the end the following:
             `(E) $8,360,565,000 for fiscal year 2010; and
             `(F) $2,090,141,250 for the period beginning October 1, 2010, and ending December 31, 2010.'; and
       (2) in paragraph (2)--
          (A) in subparagraph (A), by striking `and $113,500,000 for fiscal year 2009' and inserting `$113,500,000 for each of fiscal years 2009 and 2010, and $28,375,000 for the period beginning October 1, 2010, and ending December 31, 2010,';
          (B) in subparagraph (B), by striking `and $4,160,365,000 for fiscal year 2009' and inserting `$4,160,365,000 for each of fiscal years 2009 and 2010, and $1,040,091,250 for the period beginning October 1, 2010, and ending December 31, 2010,';
          (C) in subparagraph (C), by striking `and $51,500,000 for fiscal year 2009' and inserting `$51,500,000 for each of fiscal years 2009 and 2010, and $12,875,000 for the period beginning October 1, 2010, and ending December 31, 2010,';
          (D) in subparagraph (D), by striking `and $1,666,500,000 for fiscal year 2009' and inserting `$1,666,500,000 for each of fiscal years 2009 and 2010, and $416,625,000 for the period beginning October 1, 2010 and ending December 31, 2010,';
          (E) in subparagraph (E), by striking `and $984,000,000 for fiscal year 2009' and inserting `$984,000,000 for each of fiscal years 2009 and 2010, and $246,000,000 for the period beginning October 1, 2010 and ending December 31, 2010,';
          (F) in subparagraph (F), by striking `and $133,500,000 for fiscal year 2009' and inserting `$133,500,000 for each of fiscal years 2009 and 2010, and $33,375,000 for the period beginning October 1, 2010 and ending December 31, 2010,';
          (G) in subparagraph (G), by striking `and $465,000,000 for fiscal year 2009' and inserting `$465,000,000 for each of fiscal years 2009 and 2010, and $116,250,000 for the period beginning October 1, 2010 and ending December 31, 2010,';
          (H) in subparagraph (H), by striking `and $164,500,000 for fiscal year 2009' and inserting `$164,500,000 for each of fiscal years 2009 and 2010, and $41,125,000 for the period beginning October 1, 2010 and ending December 31, 2010,';
          (I) in subparagraph (I), by striking `and $92,500,000 for fiscal year 2009' and inserting `$92,500,000 for each of fiscal years 2009 and 2010, and $23,125,000 for the period beginning October 1, 2010 and ending December 31, 2010,';
          (J) in subparagraph (J), by striking `and $26,900,000 for fiscal year 2009' and inserting `$26,900,000 for each of fiscal years 2009 and 2010, and $6,725,000 for the period beginning October 1, 2010 and ending December 31, 2010,';
          (K) in subparagraph (K), by striking `and $3,500,000 for fiscal year 2009' and inserting `$3,500,000 for each of fiscal years 2009 and 2010, and $875,000 for the period beginning October 1, 2010 and ending December 31, 2010,';
          (L) in subparagraph (L), by striking `and $25,000,000 for fiscal year 2009' and inserting `$25,000,000 for each of fiscal years 2009 and 2010, and $6,250,000 for the period beginning October 1, 2010 and ending December 31, 2010,';
          (M) in subparagraph (M), by striking `and $465,000,000 for fiscal year 2009' and inserting `$465,000,000 for each of fiscal years 2009 and 2010, and $116,250,000 for the period beginning October 1, 2010 and ending December 31, 2010,'; and
          (N) in subparagraph (N), by striking `and $8,800,000 for fiscal year 2009' and inserting `$8,800,000 for each of fiscal years 2009 and 2010, and $2,200,000 for the period beginning October 1, 2010 and ending December 31, 2010,'.
    (b) Capital Investment Grants- Section 5338(c) of title 49, United States Code, is amended--
       (1) in paragraph (3), by striking `and' at the end;
       (2) in paragraph (4), by striking the period at the end and inserting a semicolon; and
       (3) by adding at the end the following:
          `(5) $2,000,000,000 for fiscal year 2010; and
          `(6) $500,000,000 for the period of October 1, 2010 through December 31, 2010.'.
    (c) Research and University Research Centers- Section 5338(d) of title 49, United States Code, is amended--
       (1) in paragraph (1), in the matter preceding subparagraph (A), by striking `and $69,750,000 for fiscal year 2009' and inserting `$69,750,000 for each of fiscal years 2009 and 2010, and $17,437,500 for the period beginning October 1, 2010, and ending December 31, 2010'; and
       (2) by adding at the end the following:
          `(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 DECEMBER 31, 2010- Of amounts authorized to be appropriated for the period beginning October 1, 2010, through December 31, 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 25 percent 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 DECEMBER 31, 2010- 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 December 31, 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 25 percent 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 2009, 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 2010, or any subsequent fiscal year.'.
    (d) Administration- Section 5338(e) of title 49, United States Code, is amended--
       (1) in paragraph (3), by striking `and' at the end;
       (2) in paragraph (4), by striking the period at the end and inserting a semicolon; and
       (3) by adding at the end the following:
          `(5) $98,911,000 for fiscal year 2010; and
          `(6) $24,727,750 for the period beginning October 1, 2010, and ending December 31, 2010.'.

#### SEC. 437. AMENDMENTS TO SAFETEA-LU.

    (a) Contracted Paratransit Pilot- Section 3009(i)(1) of the SAFETEA-LU (Public Law 109-59; 119 Stat. 1572) is amended by striking `2009' and inserting `2010, and for the period beginning October 1, 2010, and ending December 31, 2010'.
    (b) Public-private Partnership Pilot Program- Section 3011 of the SAFETEA-LU (49 U.S.C. 5309 note) is amended--
       (1) in subsection (c)(5), by striking `2009' and inserting `2010 and the period beginning October 1, 2010, and ending December 31, 2010'; and
       (2) in subsection (d), by striking `2009' and inserting `2010, and for the period beginning October 1, 2010, and ending December 31, 2010'.
    (c) Elderly Individuals and Individuals With Disabilities Pilot Program- Section 3012(b)(8) of the SAFETEA-LU (49 U.S.C. 5310 note) is amended by striking `September 30, 2009' and inserting `December 31, 2010'.
    (d) Obligation Ceiling- Section 3040 of the SAFETEA-LU (Public Law 109-59; 119 Stat. 1639) is amended--
       (1) in paragraph (4), by striking `and' at the end;
       (2) in paragraph (5), by striking the period at the end and inserting a semicolon; and
       (3) by adding at the end the following:
          `(6) $10,507,752,000 for fiscal year 2010, of which not more than $8,360,565,000 shall be from the Mass Transit Account; and
          `(7) $2,626,938,000 for the period beginning October 1, 2010, and ending December 31, 2010, of which not more than $2,090,141,250 shall be from the Mass Transit Account.'.
    (e) Project Authorizations for New Fixed Guideway Capital Projects- Section 3043 of the SAFETEA-LU (Public Law 109-59; 119 Stat. 1640) is amended--
       (1) in subsection (b), in the matter preceding paragraph (1), by striking `2009' and inserting `2010, and for the period beginning October 1, 2010, and ending December 31, 2010,'; and
       (2) in subsection (c), in the matter preceding paragraph (1), by striking `2009' and inserting `2010, and for the period beginning October 1, 2010, and ending December 31, 2010,'.
    (f) Allocations for National Research and Technology Programs- Section 3046 of the SAFETEA-LU (49 U.S.C. 5338 note) is amended--
       (1) in subsection (b), by inserting `or period' after `fiscal year'; and
       (2) by adding at the end the following:
          `(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 December 31, 2010, in amounts equal to 25 percent of the amounts allocated for fiscal year 2009 under each of paragraphs (2), (3), (5), (6), and (8) through (25) of subsection (a).
          `(d) Funding- If the Secretary determines that a project or activity described in subsection (a) received sufficient funds in fiscal year 2009, 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 subsection (c) for the project or activity for fiscal year 2010, or any subsequent fiscal year.'.

### Subtitle D—Revenue Provisions
#### SEC. 441. REPEAL OF PROVISION PROHIBITING THE CREDITING OF INTEREST TO THE HIGHWAY TRUST FUND.

    (a) In General- Paragraph (1) of section 9503(f) is amended by striking subparagraph (B).
    (b) Conforming Amendments- Such paragraph, as amended by paragraph (1), is further amended--
       (1) by striking `, and' at the end of subparagraph (A) and inserting a period; and
       (2) by striking `1998' in the matter preceding subparagraph (A) and all that follows through `the opening balance' and inserting `1998, the opening balance'.
    (c) Effective Date- The amendments made by this section shall take effect on the date of the enactment of this title.

#### SEC. 442. RESTORATION OF CERTAIN FOREGONE INTEREST TO HIGHWAY TRUST FUND.

    (a) In General- Paragraph (2) of section 9503(f) is amended to read as follows:
       `(2) RESTORATION OF FOREGONE INTEREST- Out of money in the Treasury not otherwise appropriated, there is hereby appropriated--
          `(A) $14,700,000,000 to the Highway Account (as defined in subsection (e)(5)(B)) in the Highway Trust Fund; and
          `(B) $4,800,000,000 to the Mass Transit Account in the Highway Trust Fund.'.
    (b) Conforming Amendment- Paragraph (1) of section 9503(e) is amended by striking `this subsection' and inserting `this section'.
    (c) Effective Date- The amendments made by this section shall take effect on the date of the enactment of this Act.

#### SEC. 443. TREATMENT OF CERTAIN AMOUNTS APPROPRIATED TO HIGHWAY TRUST FUND.

    (a) In General- Section 9503(f), as amended by this Act, is amended by adding at the end the following new paragraph:
       `(4) TREATMENT OF APPROPRIATED AMOUNTS- Any amount appropriated under this subsection to the Highway Trust Fund shall remain available without fiscal year limitation.'.
    (b) Effective Date- The amendment made by this section shall take effect on the date of the enactment of this Act.

#### SEC. 444. TERMINATION OF TRANSFERS FROM HIGHWAY TRUST FUND FOR CERTAIN REPAYMENTS AND CREDITS.

    (a) In General- Section 9503(c) is amended by striking paragraph (2) and by redesignating paragraphs (3), (4), (5), and (6) as paragraphs (2), (3), (4), and (5), respectively.
    (b) Conforming Amendments-
       (1) Section 9502(a) is amended by striking `section 9503(c)(7)' and inserting `section 9503(c)(5)'.
       (2) Section 9503(b)(4)(D) is amended by striking `paragraph (4)(D) or (5)(B)' and inserting `paragraph (3)(D) or (4)(B)'.
       (3) Paragraph (2) of section 9503(c), as redesignated by subsection (a), is amended by adding at the end the following new sentence: `The amounts payable from the Highway Trust Fund under the preceding sentence shall be determined by taking into account only the portion of the taxes which are deposited into the Highway Trust Fund.'.
       (4) Section 9503(e)(5)(A) is amended by striking `(2), (3), and (4)' and inserting `(2) and (3)'.
       (5) Section 9504(a) is amended by striking `section 9503(c)(4), section 9503(c)(5)' and inserting `section 9503(c)(3), section 9503(c)(4)'.
       (6) Section 9504(b)(2) is amended by striking `section 9503(c)(5)' and inserting `section 9503(c)(4)'.
       (7) Section 9504(e) is amended by striking `section 9503(c)(4)' and inserting section `9503(c)(3)'.
    (c) Effective Date- The amendment made by this section shall apply to transfers relating to amounts paid and credits allowed after the date of the enactment of this Act.

#### SEC. 445. EXTENSION OF AUTHORITY FOR EXPENDITURES.

    (a) Highways Trust Fund-
       (1) HIGHWAY ACCOUNT- Paragraph (1) of section 9503(c) is amended--
          (A) by striking `September 30, 2009 (October 1, 2009' and inserting `December 31, 2010 (January 1, 2011'; and
          (B) by striking `under' and all that follows and inserting `under the Surface Transportation Extension Act of 2010 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).'.
       (2) MASS TRANSIT ACCOUNT- Paragraph (3) of section 9503(e) is amended--
          (A) by striking `October 1, 2009' and inserting `January 1, 2011'; and
          (B) by striking `in accordance with' and all that follows and inserting `in accordance with the Surface Transportation Extension Act of 2010 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).'.
       (3) EXCEPTION TO LIMITATION ON TRANSFERS- Subparagraph (B) of section 9503(b)(6) is amended by striking `September 30, 2009 (October 1, 2009' and inserting `December 31, 2010 (January 1, 2011'.
    (b) Sport Fish Restoration and Boating Trust Fund-
       (1) IN GENERAL- Paragraph (2) of section 9504(b) is amended--
          (A) by striking `(as in effect' in subparagraph (A) and all that follows in such subparagraph and inserting `(as in effect on the date of the enactment of the Surface Transportation Extension Act of 2010),',
          (B) by striking `(as in effect' in subparagraph (B) and all that follows in such subparagraph and inserting `(as in effect on the date of the enactment of the Surface Transportation Extension Act of 2010), and', and
          (C) by striking `(as in effect' in subparagraph (C) and all that follows in such subparagraph and inserting `(as in effect on the date of the enactment of the Surface Transportation Extension Act of 2010).'.
       (2) EXCEPTION TO LIMITATION ON TRANSFERS- Paragraph (2) of section 9504(d) is amended by striking `October 1, 2009' and inserting `January 1, 2011'.
    (c) Effective Date- The amendments made by this section shall take effect on September 30, 2009.

#### SEC. 446. LEVEL OF OBLIGATION LIMITATIONS.

    (a) Highway Category- Section 8003(a) of the SAFETEA-LU (2 U.S.C. 901 note; 119 Stat. 1917) is amended--
       (1) in paragraph (4), by striking `and' at the end;
       (2) in paragraph (5), by striking the period at the end and inserting `; and'; and
       (3) by adding at the end the following:
          `(6) for the period beginning on October 1, 2009, and ending on September 30, 2010, $42,469,970,178.
          `(7) for the period beginning on October 1, 2010, and ending on December 31, 2010, $10,617,492,545.'.
    (b) Mass Transit Category- Section 8003(b) of the SAFETEA-LU (2 U.S.C. 901 note; 119 Stat. 1917) is amended--
       (1) in paragraph (4), by striking `and' at the end;
       (2) in paragraph (5), by striking the period at the end and inserting `; and'; and
       (3) by adding at the end the following:
          `(6) for the period beginning on October 1, 2009, and ending on December 31, 2010, $10,338,065,000.
          `(7) for the period beginning on October 1, 2010, and ending on December 31, 2010, $2,584,516,250.'.
    (c) Treatment of Funds- No adjustment pursuant to section 110 of title 23, United States Code, shall be made for fiscal year 2010 or fiscal year 2011.

### Subtitle E—Disadvantaged Business Enterprises
#### SEC. 451. DISADVANTAGED BUSINESS ENTERPRISES.

    (a) Definitions- In this section, the following definitions apply:
       (1) SMALL BUSINESS CONCERN- The term `small business concern' has the meaning that term has under section 3 of the Small Business Act (15 U.S.C. 632), except that the term shall not include any concern or group of concerns controlled by the same socially and economically disadvantaged individual or individuals which has average annual gross receipts over the preceding 3 fiscal years in excess of $22,410,000, as adjusted annually by the Secretary of Transportation for inflation.
       (2) SOCIALLY AND ECONOMICALLY DISADVANTAGED INDIVIDUALS- The term `socially and economically disadvantaged individuals' has the meaning that term has under section 8(d) of the Small Business Act (15 U.S.C. 637(d)) and relevant subcontracting regulations issued pursuant to that Act, except that women shall be presumed to be socially and economically disadvantaged individuals for purposes of this section.
    (b) General Rule- Except to the extent that the Secretary of Transportation determines otherwise, not less than 10 percent of the amounts made available for any program under titles I, III, and V of SAFETEA-LU (Public Law 109-59), subtitles A and C of this title, and section 403 of title 23, United States Code, shall be expended through small business concerns owned and controlled by socially and economically disadvantaged individuals.
    (c) Annual Listing of Disadvantaged Business Enterprises- Each State shall annually
       (1) survey and compile a list of the small business concerns referred to in subsection (a) and the location of the concerns in the State; and
       (2) notify the Secretary of Transportation, in writing, of the percentage of the concerns that are controlled by women, by socially and economically disadvantaged individuals (other than women), and by individuals who are women and are otherwise socially and economically disadvantaged individuals.
       (d) Uniform Certification- The Secretary of Transportation shall establish minimum uniform criteria for State governments to use in certifying whether a concern qualifies for purposes of this section. The minimum uniform criteria shall include, but not be limited to, on-site visits, personal interviews, licenses, analysis of stock ownership, listing of equipment, analysis of bonding capacity, listing of work completed, resume of principal owners, financial capacity, and type of work preferred.
       (e) Compliance With Court Orders- Nothing in this section limits the eligibility of an entity or person to receive funds made available under titles I, III, and V of SAFETEA-LU (Public Law 109-59), subtitles A and C of this title, and section 403 of title 23, United States Code, if the entity or person is prevented, in whole or in part, from complying with subsection (b) because a Federal court issues a final order in which the court finds that the requirement of subsection (b), or the program established under subsection (b), is unconstitutional.