II 

Calendar No. 126 

111TH CONGRESS 

1ST SESSION S. 1498 

[Report No. 111–59] 

To provide an extension of highway programs authorized under the Safe, 

Accountable, Flexible, Efficient Transportation Equity Act: A Legacy 

for Users. 

IN THE SENATE OF THE UNITED STATES 

JULY 22, 2009 

Mrs. BOXER, from the Committee on Environment and Public Works, reported the following original bill; which was read twice and placed on the 

calendar 

A BILL 

To provide an extension of highway programs authorized 

under the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Surface Transpor5 tation Extension Act of 2009’’. 


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1 SEC. 2. FEDERAL-AID HIGHWAYS. 

2 (a) IN GENERAL.—Except as provided in this Act, 

3 requirements, authorities, conditions, eligibilities, limita4 tions, and other provisions authorized under titles I, V, 

5 and VI of the Safe, Accountable, Flexible, Efficient Trans6 portation Equity Act: A Legacy for Users (119 Stat. 

7 1144), the SAFETEA-LU Technical Corrections Act of 

8 2008 (122 Stat. 1572), and title 23, United States Code, 

9 which would otherwise expire on or cease to apply after 

10 September 30, 2009, are incorporated by reference and 

11 shall continue in effect until March 31, 2011. 

12 (b) AUTHORIZATION OF APPROPRIATIONS.—Except 

13 as provided in section 3, there are authorized to be appro14 priated out of the Highway Trust Fund (other than the 

15 Mass Transit Account)— 

16 (1) for fiscal year 2010, a sum equal to the 

17 total amount authorized to be appropriated for pro18 grams, projects, and activities for fiscal year 2009 

19 under titles I, V, and VI of the Safe, Accountable, 

20 Flexible, Efficient Transportation Equity Act: A 

21 Legacy for Users (119 Stat. 1144), and title 23, 

22 United States Code; and 

23 (2) for the period beginning on October 1, 

24 2010, and ending on March 31, 2011, a sum equal 

to 1 25 ⁄2 of the total amount authorized for programs, 

26 projects, and activities for fiscal year 2009 under tiVerDate Nov 24 2008 01:35 Jul 23, 2009 Jkt 079200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1498.PCS S1498

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1 tles I, V, and VI of the Safe, Accountable, Flexible, 

2 Efficient Transportation Equity Act: A Legacy for 

3 Users (119 Stat. 1144), and title 23, United States 

4 Code. 

5 (c) USE OF FUNDS.— 

6 (1) FISCAL YEAR 2010.—Except as otherwise 

7 expressly provided in this Act, funds authorized to 

8 be appropriated under subsection (b)(1) for fiscal 

9 year 2010 shall be distributed, administered, limited, 

10 and made available for obligation in the same man11 ner and at the same level as funds authorized to be 

12 appropriated for fiscal year 2009 to carry out pro13 grams, projects, activities, eligibilities, and require14 ments under the Safe, Accountable, Flexible, Effi15 cient Transportation Equity Act: A Legacy for 

16 Users (119 Stat. 1144), the SAFETEA-LU Tech17 nical Corrections Act of 2008 (122 Stat. 1572), and 

18 title 23, United States Code. 

19 (2) FISCAL YEAR 2011.—Except as otherwise 

20 expressly provided in this Act, funds authorized to 

21 be appropriated under subsection (b)(2) for the pe22 riod beginning on October 1, 2010, and ending on 

23 March 31, 2011, shall be distributed, administered, 

24 limited, and made available for obligation in the 

same manner and at the same level as 1 25 ⁄2 of the 


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1 total amount of funds authorized to be appropriated 

2 for fiscal year 2009 to carry out programs, projects, 

3 activities, eligibilities, and requirements under the 

4 Safe, Accountable, Flexible, Efficient Transportation 

5 Equity Act: A Legacy for Users (119 Stat. 1144), 

6 the SAFETEA-LU Technical Corrections Act of 

7 2008 (122 Stat. 1572), and title 23, United States 

8 Code. 

9 (3) CALCULATION.—The amounts authorized to 

10 be appropriated under subsection (b) shall be cal11 culated without regard to any rescission or cancella12 tion of funds or contract authority for fiscal year 

13 2009 under the Safe, Accountable, Flexible, Effi14 cient Transportation Equity Act: A Legacy for 

15 Users (119 Stat. 1144) or any other law. 

16 (4) CONTRACT AUTHORITY.— 

17 (A) IN GENERAL.—Except as provided in 

18 subparagraph (B), funds authorized to be ap19 propriated under this section shall be— 

20 (i) available for obligation, and shall 

21 be administered, in the same manner as if 

22 such funds were apportioned under chapter 

23 1 of title 23, United States Code; and 

24 (ii) subject to a limitation on obliga25 tions for Federal-aid highways and highVerDate Nov 24 2008 01:35 Jul 23, 2009 Jkt 079200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1498.PCS S1498

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1 way safety construction programs de2 scribed in paragraph (5). 

3 (B) EXCEPTIONS.—A limitation on obliga4 tions described in subparagraph (A)(ii) shall 

5 not apply to any obligation under— 

6 (i) section 125 of title 23, United 

7 States Code; or 

8 (ii) section 105 of title 23, United 

9 States Code— 

10 (I) for fiscal year 2010, only in 

11 an amount equal to $639,000,000; 

12 and 

13 (II) for the period beginning on 

14 October 1, 2010, and ending on 

15 March 31, 2011, only in an amount 

16 equal to $319,500,000. 

17 (5) LIMITATION ON OBLIGATIONS.—Notwith18 standing any other provision of law— 

19 (A) for fiscal year 2010, funds authorized 

20 to be appropriated under subsection (b) or this 

21 subsection shall be subject to the limitation on 

22 obligations for fiscal year 2009 under section 

23 1102 of the Safe, Accountable, Flexible, Effi24 cient Transportation Equity Act: A Legacy for 

25 Users (119 Stat. 1157); and 


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1 (B) for the period beginning on October 1, 

2 2010, and ending on March 31, 2011, funds 

3 authorized to be appropriated under subsection 

4 (b) or this subsection shall be subject to a limitation on obligations equal to 1 5 ⁄2 of the limita6 tion on obligations for fiscal year 2009 under 

7 section 1102 of the Safe, Accountable, Flexible, 

8 Efficient Transportation Equity Act: A Legacy 

9 for Users (119 Stat. 1157). 

10 (d) EXTENSION AND FLEXIBILITY FOR CERTAIN AL11 LOCATED PROGRAMS.— 

12 (1) FISCAL YEAR 2010.—Notwithstanding any 

13 other provision of law, for fiscal year 2010, the por14 tion of the share of funds of a State under sub15 section (b)(1) determined by the amount that the 

16 State received for fiscal year 2009 to carry out sec17 tions 1301, 1302, 1307, 1702, and 1934 of the 

18 Safe, Accountable, Flexible, Efficient Transportation 

19 Equity Act: A Legacy for Users (119 Stat. 1198, 

20 1204, 1217, 1256, and 1485), and section 144(f)(1) 

21 of title 23, United States Code, shall be— 

22 (A) made available to the State for pro23 grams apportioned under sections 104(b) and 

24 144 of title 23, United States Code, and in the 

25 same proportion for each such program that— 


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1 (i) the amount apportioned to the 

2 State for that program for fiscal year 

3 2009; bears to 

4 (ii) the amount apportioned to the 

5 State for fiscal year 2009 for all programs 

6 apportioned under such sections of such 

7 Code; and 

8 (B) administered in the same manner and 

9 with the same period of availability as such 

10 funding is administered under such sections. 

11 (2) FISCAL YEAR 2011.—Notwithstanding any 

12 other provision of law, for the period beginning on 

13 October 1, 2010, and ending on March 31, 2011, 

14 the portion of the share of funds of a State under 

subsection (b)(2) determined by 1 15 ⁄2 of the amount 

16 that the State received for fiscal year 2009 to carry 

17 out sections 1301, 1302, 1307, 1702, and 1934 of 

18 the Safe, Accountable, Flexible, Efficient Transpor19 tation Equity Act: A Legacy for Users (119 Stat. 

20 1198, 1204, 1217, 1256, and 1485) and section 

21 144(f)(1) of title 23, United States Code, shall be— 

22 (A) made available to the State for pro23 grams apportioned under sections 104(b) and 

24 144 of title 23, United States Code, and in the 

25 same proportion for each such program that— 


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1 (i) the amount apportioned to the 

2 State for that program for fiscal year 

3 2009; bears to 

4 (ii) the amount apportioned to the 

5 State for fiscal year 2009 for all programs 

6 apportioned under such sections of such 

7 Code; and 

8 (B) administered in the same manner and 

9 with the same period of availability as such 

10 funding is administered under such sections. 

11 (3) ADDITIONAL FUNDS.— 

12 (A) IN GENERAL.—No additional funds 

13 shall be provided for any project or activity 

14 under subsection (c), or paragraph (1) or (2) of 

15 this subsection, that the Secretary of Transpor16 tation determines was sufficiently funded before 

17 or during fiscal year 2009 to achieve the au18 thorized purpose of the project or activity. 

19 (B) RESERVATION AND REDISTRIBUTION

20 OF FUNDS.—Funds made available in accord21 ance with paragraph (1) or (2) of subsection (c) 

22 or paragraph (1) or (2) of this subsection for 

23 a project or activity described in subparagraph 

24 (A) shall be— 


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1 (i) reserved by the Secretary of 

2 Transportation; and 

3 (ii) redistributed to each State in ac4 cordance with paragraph (1) or (2) of sub5 section (c), or paragraph (1) or (2) of this 

6 subsection, as appropriate, for use in car7 rying out other highway projects and ac8 tivities extended by subsection (c) or this 

9 subsection, in the proportion that— 

10 (I) the total amount of funds 

11 made available for fiscal year 2009 for 

12 projects and activities described in 

13 subparagraph (A) in the State; bears 

14 to 

15 (II) the total amount of funds 

16 made available for fiscal year 2009 for 

17 those projects and activities in all 

18 States. 

19 (e) EXTENSION OF AUTHORIZATIONS UNDER TITLE

20 V OF SAFETEA-LU.— 

21 (1) IN GENERAL.—The programs authorized 

22 under paragraphs (1) through (5) of section 5101(a) 

23 of the Safe, Accountable, Flexible, Efficient Trans24 portation Equity Act: A Legacy for Users (119 Stat. 

25 1779) shall be continued— 


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1 (A) for fiscal year 2010, at the funding 

2 levels authorized for those programs for fiscal 

3 year 2009; and 

4 (B) for the period beginning on October 1, 

2010, and ending on March 31, 2011, at 1 5 ⁄2 the 

6 levels authorized for those programs for fiscal 

7 year 2009. 

8 (2) DISTRIBUTION OF FUNDS.—Funds for pro9 grams continued under paragraph (1) shall be dis10 tributed to major program areas under those pro11 grams in the same proportions as funds were allo12 cated for those program areas for fiscal year 2009, 

13 except that designations for specific activities shall 

14 not be required to be continued for— 

15 (A) fiscal year 2010; or 

16 (B) the period beginning on October 1, 

17 2010, and ending on March 31, 2011. 

18 (3) ADDITIONAL FUNDS.— 

19 (A) IN GENERAL.—No additional funds 

20 shall be provided for any project or activity 

21 under this subsection that the Secretary of 

22 Transportation determines was sufficiently 

23 funded before or during fiscal year 2009 to 

24 achieve the authorized purpose of the project or 

25 activity. 


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1 (B) DISTRIBUTION.—Funds that would 

2 have been made available under paragraph (1) 

3 for a project or activity but for the prohibition 

4 under subparagraph (A) shall be distributed in 

5 accordance with paragraph (2). 

6 (4) LIMITATION ON OBLIGATIONS.—Notwith7 standing any other provision of law— 

8 (A) for fiscal year 2010, funds authorized 

9 to be appropriated under this subsection shall 

10 be subject to the limitation on obligations for 

11 fiscal year 2009 under section 5102 of the Safe, 

12 Accountable, Flexible, Efficient Transportation 

13 Equity Act: A Legacy for Users (119 Stat. 

14 1780); and 

15 (B) for the period beginning on October 1, 

16 2010, and ending on March 31, 2011, funds 

17 authorized to be appropriated under this sub18 section shall be subject to a limitation on obligations equal to 1 19 ⁄2 of the limitation on obliga20 tions for fiscal year 2009 under section 5102 of 

21 the Safe, Accountable, Flexible, Efficient 

22 Transportation Equity Act: A Legacy for Users 

23 (119 Stat. 1780). 


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1 SEC. 3. ADMINISTRATIVE EXPENSES. 

2 (a) AUTHORIZATION OF CONTRACT AUTHORITY.— 

3 Notwithstanding any other provision of this Act or any 

4 other law, there are authorized to be appropriated from 

5 the Highway Trust Fund (other than the Mass Transit 

6 Account), from amounts provided under section 2, for ad7 ministrative expenses of the Federal-aid highway pro8 gram— 

9 (1) $422,425,000 for fiscal year 2010; and 

10 (2) $217,023,500 for the period beginning on 

11 October 1, 2010, and ending on March 31, 2011. 

12 (b) CONTRACT AUTHORITY.—Funds authorized to be 

13 appropriated by this section shall be— 

14 (1) available for obligation, and shall be admin15 istered, in the same manner as if such funds were 

16 apportioned under chapter 1 of title 23, United 

17 States Code; and 

18 (2) subject to a limitation on obligations for 

19 Federal-aid highways and highway safety construc20 tion programs, except that such funds shall remain 

21 available until expended. 


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Calendar No. 126 

111TH CONGRESS 

1ST SESSION S. 1498 

[Report No. 111–59] 

A BILL 

To provide an extension of highway programs aufor Users. Efficient Transportation Equity Act: A Legacy thorized under the Safe, Accountable, Flexible, 

JULY 22, 2009 

Read twice and placed on the calendar 


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