II

105TH CONGRESS

1ST SESSION S. 1454

To provide a 6-month extension of highway, highway safety, and transit

programs pending enactment of a law reauthorizing the Intermodal Surface Transportation Efficiency Act of 1991.

IN THE SENATE OF THE UNITED STATES

NOVEMBER 7, 1997

Mr. BOND (for himself, Mr. CHAFEE, Mr. WARNER, Mr. BAUCUS, and Mr.

D’AMATO) introduced the following bill; which was read twice, considered,

read the third time, and passed

A BILL

To provide a 6-month extension of highway, highway safety,

and transit programs pending enactment of a law reauthorizing the Intermodal Surface Transportation Efficiency Act of 1991.

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 1997’’.

6 SEC. 2. ADVANCE AUTHORIZATIONS.

7 (a) IN GENERAL.—The Secretary of Transportation

8 (referred to in this Act as the ‘‘Secretary’’) shall apportion
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1 funds made available under the amendment made by sub2 section (d)—

3 (1) to any State for which the State’s unobli4 gated balance, as of October 1, 1997, of Federal-aid

5 highway apportionments subject to any limitation on

6 obligations is less than 50 percent of the State’s

7 total fiscal year 1997 obligation authority for funds

8 apportioned for the Federal-aid highway program;

9 and

10 (2) in an amount sufficient to increase the

11 State’s unobligated balance, as of October 1, 1997,

12 of apportionments described in paragraph (1) to an

13 amount equal to 50 percent of the State’s total fiscal

14 year 1997 obligation authority for funds apportioned

15 for the Federal-aid highway program.

16 (b) ELIGIBLE USE OF APPORTIONMENTS.—A State

17 may obligate funds apportioned under subsection (a) for

18 any project eligible for assistance under section 133, 149,

19 402, or 410 of title 23, United States Code, or chapter

20 311 of title 49, United States Code.

21 (c) REPAYMENT FROM SURFACE TRANSPORTATION

22 PROGRAM APPORTIONMENT.—The Secretary shall reduce

23 the amount that would, but for this section, be appor24 tioned to a State under section 104(b)(3) of title 23, Unit25 ed States Code, for fiscal year 1998 under a law reauthor-
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1 izing the Federal-aid highway program enacted after the

2 date of enactment of this Act by the amount of any au3 thorization of contract authority provided to a State under

4 subsection (a).

5 (d) AUTHORIZATION OF CONTRACT AUTHORITY.—

6 Section 1003 of the Intermodal Surface Transportation

7 Efficiency Act of 1991 (105 Stat. 1918) is amended by

8 adding at the end the following:

9 ‘‘(d) ADVANCE AUTHORIZATIONS.—There shall be

10 available from the Highway Trust Fund (other than the

11 Mass Transit Account) to carry out section 2 of the Sur12 face Transportation Extension Act of 1997 $506,273,000

13 for the period of January 1, 1998, through January 8,

14 1998.

15 ‘‘(e) AUTHORIZATION OF CONTRACT AUTHORITY.—

16 ‘‘(1) AUTHORIZATION.—Notwithstanding sec17 tion 157(e) of title 23, United States Code, there

18 shall be available from the Highway Trust Fund

19 (other than the Mass Transit Account) to carry out

20 section 157 of title 23, United States Code, not to

21 exceed $14,000,000 for the period of January 1,

22 1998, through January 8, 1998.

23 ‘‘(2) ALLOCATION.—The Secretary shall allo24 cate the amounts authorized under paragraph (1) to

25 each State in the ratio that—
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1 ‘‘(A) the amount allocated to the State for

2 fiscal year 1997 under section 157 of that title;

3 bears to

4 ‘‘(B) the amounts allocated to all States

5 for fiscal year 1997 under section 157 of that

6 title.

7 ‘‘(f) CONTRACT AUTHORITY.—Funds authorized

8 under subsections (d) and (e) shall be available for obliga9 tion in the same manner as if the funds were apportioned

10 under chapter 1 of title 23, United States Code.’’.

11 (e) LIMITATION ON OBLIGATIONS.—

12 (1) ALLOCATION OF OBLIGATION AUTHORITY

13 DURING CERTAIN PERIOD.—

14 (A) IN GENERAL.—Subject to subpara15 graph (B), after the date of enactment of this

16 Act, the Secretary shall allocate to each State

17 an amount of obligation authority that is—

18 (i) equal to the greater of—

19 (I) the State’s unobligated bal20 ance of Federal-aid highway appor21 tionments subject to any limitation on

22 obligations; or

23 (II) 50 percent of the State’s

24 total fiscal year 1997 obligation au-
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1 thority for funds apportioned for the

2 Federal-aid highway program; but

3 (ii) not greater than 75 percent of the

4 State’s total fiscal year 1997 obligation au5 thority for funds apportioned for the Fed6 eral-aid highway program.

7 (B) LIMITATION ON AMOUNT.—The total

8 of all allocations under subparagraph (A) shall

9 not exceed $9,786,275,000.

10 (C) TIME PERIOD FOR OBLIGATIONS OF

11 FUNDS.—

12 (i) IN GENERAL.—Except as provided

13 in clause (ii), a State shall not obligate any

14 funds for any Federal-aid highway pro15 gram project after May 1, 1998, until such

16 time as a multiyear law reauthorizing the

17 Federal-aid highway program has been en18 acted or July 1, 1998 whichever is earlier.

19 (ii) REOBLIGATION.—Clause (i) shall

20 not preclude the reobligation of deobligated

21 funds.

22 (iii) DISTRIBUTION OF REMAINING

23 OBLIGATION AUTHORITY.—Upon enact24 ment of a law described in clause (i), the

25 Secretary shall distribute to each State any
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1 remaining amounts of obligation authority

2 for Federal-aid highways and highway

3 safety construction programs by allocation

4 in accordance with section 310(a) of the

5 Department of Transportation and Related

6 Agencies Appropriations Act, 1998 (Public

7 Law 105–66; 111 Stat. 1425).

8 (iv) No contract authority made avail9 able to the States prior to July 1, 1998

10 shall be obligated after such date until

11 such time as a multiyear law reauthorizing

12 the Federal-aid highway program has been

13 enacted.

14 (f) TREATMENT OF OBLIGATIONS.—Any obligation

15 incurred under this Act, or an amendment made by this

16 Act, shall be considered to be an obligation for Federal17 aid highways and highway safety construction programs

18 for fiscal year 1998 for the purposes of the matter under

19 the heading ‘‘(LIMITATION ON OBLIGATIONS)’’ under the

20 heading ‘‘FEDERAL-AID HIGHWAYS’’ in title I of the De21 partment of Transportation and Related Agencies Appro22 priations Act, 1998 (Public Law 105–66; 111 Stat. 1425).

23 (g) FUNDING BASELINE.—Notwithstanding section

24 257 of the Balanced Budget and Emergency Deficit Con25 trol Act of 1985 (2 U.S.C. 907) and the effect of funding
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1 provided under this Act or an amendment made by this

2 Act, the baseline prepared by the Congressional Budget

3 Office and the Office of Management and Budget for fiscal

4 years 1998 through 2003 for mandatory contract author5 ity and mandatory outlays for Federal-aid highways and

6 highway safety construction programs shall be the baseline

7 included in the concurrent resolution on the budget for

8 fiscal year 1998.

9 SEC. 3. TRANSFERS OF UNOBLIGATED APPORTIONMENTS.

10 (a) IN GENERAL.—Notwithstanding any other provi11 sion of law, for fiscal year 1998, a State may transfer

12 any funds apportioned to the State for any program under

13 section 104 (including amounts apportioned under section

14 104(b)(3) or set aside or suballocated under section

15 133(d)), 144, or 402 of title 23, United States Code,

16 granted to the State for any program under section 410

17 of that title, or allocated to the State for any program

18 under chapter 311 of title 49, United States Code, that

19 are subject to any limitation on obligations, and that are

20 not obligated, to any other of those programs.

21 (b) TREATMENT OF TRANSFERRED FUNDS.—Any

22 funds transferred to another program under subsection (a)

23 shall be subject to the provisions of the program to which

24 the funds are transferred, except that funds transferred

25 to the surface transportation program under section 133
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1 of title 23, United States Code, other than paragraphs (1)

2 and (2) of section 133(d) of that title, shall not be subject

3 to section 133(d) of that title.

4 (c) RESTORATION OF APPORTIONMENTS.—

5 (1) IN GENERAL.—As soon as practicable after

6 the date of enactment of a law reauthorizing the

7 Federal-aid highway program enacted after the date

8 of enactment of this Act, the Secretary shall restore

9 any funds that a State transferred under subsection

10 (a) for any project not eligible for the funds but for

11 this section to the program category from which the

12 funds were transferred.

13 (2) PROGRAM CATEGORY RECONCILIATION.—

14 The Secretary may establish procedures under which

15 funds transferred under subsection (a) from a pro16 gram category for which funds are no longer author17 ized may be restored to the Federal-aid highway pro18 gram.

19 (d) GUIDANCE.—The Secretary may issue guidance

20 for use in carrying out this section.

21 SEC. 4. ADMINISTRATIVE EXPENSES.

22 (a) EXPENSES OF FEDERAL HIGHWAY ADMINISTRA23 TION.—

24 (1) AUTHORITY TO BORROW.—
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1 (A) FROM UNOBLIGATED FUNDS AVAIL2 ABLE FOR DISCRETIONARY ALLOCATIONS.—If

3 unobligated balances of funds deducted by the

4 Secretary under section 104(a) of title 23,

5 United States Code, for administrative and re6 search expenses of the Federal-aid highway pro7 gram are insufficient to pay those expenses for

8 fiscal year 1998, the Secretary may borrow not

9 to exceed $60,000,000 for those expenses from

10 unobligated funds available to the Secretary for

11 discretionary allocations.

12 (B) REQUIREMENT TO REIMBURSE.—

13 Funds borrowed under subparagraph (A) shall

14 be reimbursed from amounts made available to

15 the Secretary under section 104(a) of title 23,

16 United States Code, as soon as practicable after

17 the date of enactment of a law reauthorizing

18 the Federal-aid highway program enacted after

19 the date of enactment of this Act.

20 (2) AUTHORIZATION OF CONTRACT AUTHOR21 ITY.—

22 (A) IN GENERAL.—In addition to funds

23 made available under paragraph (1), there shall

24 be available from the Highway Trust Fund

25 (other than the Mass Transit Account) for ad-
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1 ministrative and research expenses of the Fed2 eral-aid highway program $151,000,000 for fis3 cal year 1998.

4 (B) CONTRACT AUTHORITY.—Funds au5 thorized under this paragraph shall be available

6 for obligation in the same manner as if the

7 funds were apportioned under chapter 1 of title

8 23, United States Code.

9 (3) USE OF CERTAIN ADMINISTRATIVE

10 FUNDS.—Section 104(i)(1) of title 23, United States

11 Code, is amended by inserting ‘‘, and for the period

12 of October 1, 1997, through March 31, 1998,’’ after

13 ‘‘1997’’.

14 (b) BUREAU OF TRANSPORTATION STATISTICS.—

15 Section 6006 of the Intermodal Surface Transportation

16 Efficiency Act of 1991 (105 Stat. 2172) is amended—

17 (1) by inserting ‘‘(a) IN GENERAL.—’’ before

18 ‘‘Chapter I’’; and

19 (2) in the first sentence of subsection (b)—

20 (A) by striking ‘‘1996, and’’ and inserting

21 ‘‘1996,’’; and

22 (B) by inserting before the period at the

23 end the following: ‘‘, and $12,500,000 for the

24 period of October 1, 1997, through March 31,

25 1998’’.
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1 SEC. 5. OTHER FEDERAL-AID HIGHWAY PROGRAMS.

2 (a) FEDERAL LANDS HIGHWAYS.—Section

3 1003(a)(6) of the Intermodal Surface Transportation Ef4 ficiency Act of 1991 (105 Stat. 1919) is amended—

5 (1) in subparagraph (A)—

6 (A) by striking ‘‘1992 and’’ and inserting

7 ‘‘1992,’’; and

8 (B) by inserting before the period at the

9 end the following: ‘‘, and $95,500,000 for the

10 period of October 1, 1997, through March 31,

11 1998’’;

12 (2) in subparagraph (B)—

13 (A) by striking ‘‘1995, and’’ and inserting

14 ‘‘1995,’’; and

15 (B) by inserting before the period at the

16 end the following: ‘‘and $86,000,000 for the pe17 riod of October 1, 1997, through March 31,

18 1998’’; and

19 (3) in subparagraph (C)—

20 (A) by striking ‘‘1995, and’’ and inserting

21 ‘‘1995,’’; and

22 (B) by inserting before the period at the

23 end the following: ‘‘, and $42,000,000 for the

24 period of October 1, 1997, through March 31,

25 1998’’.
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1 (b) NATIONAL RECREATIONAL TRAILS PROGRAM.—

2 Section 1003 of the Intermodal Surface Transportation

3 Efficiency Act of 1991 (105 Stat. 1918) (as amended by

4 section 2(d)) is amended by adding at the end the follow5 ing:

6 ‘‘(e) NATIONAL RECREATIONAL TRAILS PROGRAM.—

7 Section 104(h) of title 23, United States Code, is amended

8 by inserting ‘and $7,500,000 for the period of October 1,

9 1997, through March 31, 1998’ after ‘1997’.’’.

10 (c) CERTAIN ALLOCATED PROGRAMS.—

11 (1) HIGHWAY USE TAX EVASION.—Section

12 1040(f)(1) of the Intermodal Surface Transportation

13 Efficiency Act of 1991 (23 U.S.C. 101 note; 105

14 Stat. 1992) is amended in the first sentence by in15 serting before the period at the end the following:

16 ‘‘and $2,500,000 for the period of October 1, 1997,

17 through March 31, 1998’’.

18 (2) SCENIC BYWAYS PROGRAM.—Section

19 1047(d) of the Intermodal Surface Transportation

20 Efficiency Act of 1991 (23 U.S.C. 101 note; 105

21 Stat. 1998) is amended in the first sentence—

22 (A) by striking ‘‘1994, and’’ and inserting

23 ‘‘1994,’’; and

24 (B) by inserting before the period at the

25 end the following: ‘‘, and $7,000,000 for the pe-
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1 riod of October 1, 1997, through March 31,

2 1998’’.

3 (d) INTELLIGENT TRANSPORTATION SYSTEMS.—Sec4 tion 6058(b) of the Intermodal Surface Transportation

5 Efficiency Act of 1991 (105 Stat. 2194) is amended—

6 (1) by striking ‘‘1992 and’’ and inserting

7 ‘‘1992,’’; and

8 (2) by inserting before the period at the end the

9 following: ‘‘, and $56,500,000 for the period of Oc10 tober 1, 1997, through March 31, 1998’’.

11 (e) SURFACE TRANSPORTATION RESEARCH.—

12 (1) OPERATION LIFESAVER.—

13 (A) IN GENERAL.—There shall be available

14 from the Highway Trust Fund (other than the

15 Mass Transit Account) to carry out the oper16 ation lifesaver program under section 104(d)(1)

17 of title 23, United States Code, $150,000 for

18 the period of October 1, 1997, through March

19 31, 1998.

20 (B) CONTRACT AUTHORITY.—Funds au21 thorized under this paragraph shall be available

22 for obligation in the same manner as if the

23 funds were apportioned under chapter 1 of title

24 23, United States Code.
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1 (2) DWIGHT DAVID EISENHOWER TRANSPOR2 TATION FELLOWSHIP PROGRAM.—

3 (A) IN GENERAL.—There shall be available

4 from the Highway Trust Fund (other than the

5 Mass Transit Account) to carry out the Dwight

6 David Eisenhower Transportation Fellowship

7 Program under section 307(a)(1)(C)(ii) of title

8 23, United States Code, $1,000,000 for the pe9 riod of October 1, 1997, through March 31,

10 1998.

11 (B) CONTRACT AUTHORITY.—Funds au12 thorized under this paragraph shall be available

13 for obligation in the same manner as if the

14 funds were apportioned under chapter 1 of title

15 23, United States Code.

16 (3) NATIONAL HIGHWAY INSTITUTE.—Section

17 321(f) of title 23, United States Code, is amended

18 by adding at the end the following: ‘‘There shall be

19 available from the Highway Trust Fund (other than

20 the Mass Transit Account) to carry out this section

21 $2,500,000 for the period of October 1, 1997,

22 through March 31, 1998.’’.

23 (4) EDUCATION AND TRAINING PROGRAM.—

24 Section 326(c) of title 23, United States Code, is

25 amended by adding at the end the following: ‘‘There
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1 shall be available from the Highway Trust Fund

2 (other than the Mass Transit Account) to carry out

3 this section $3,000,000 for the period of October 1,

4 1997, through March 31, 1998.’’.

5 SEC. 6. EXTENSION OF HIGHWAY SAFETY PROGRAMS.

6 (a) NHTSA HIGHWAY SAFETY PROGRAMS.—Section

7 2005(1) of the Intermodal Surface Transportation Effi8 ciency Act of 1991 (105 Stat. 2079) is amended—

9 (1) by striking ‘‘1996, and’’ and inserting

10 ‘‘1996,’’; and

11 (2) by inserting before the period at the end the

12 following: ‘‘, and $83,000,000 for the period of Oc13 tober 1, 1997, through March 31, 1998’’; and

14 (b) ALCOHOL-IMPAIRED DRIVING COUNTER15 MEASURES.—Section 410 of title 23, United States Code,

16 is amended—

17 (1) in subsection (c)—

18 (A) by striking ‘‘5’’ and inserting ‘‘6’’; and

19 (B) in paragraph (3), by striking ‘‘and

20 fifth’’ and inserting ‘‘fifth, and sixth’’;

21 (2) in subsection (d)(2)(B), by striking ‘‘two’’

22 and inserting ‘‘3’’; and

23 (3) in the first sentence of subsection (j)—

24 (A) by striking ‘‘1997, and’’ and inserting

25 ‘‘1997,’’; and
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1 (B) by inserting before the period at the

2 end the following ‘‘, and $12,500,000 for the

3 period of October 1, 1997, through March 31,

4 1998’’.

5 (c) NATIONAL DRIVER REGISTER.—Section

6 30308(a) of title 49, United States Code, is amended—

7 (1) by striking ‘‘1994, and’’ and inserting

8 ‘‘1994,’’; and

9 (2) by inserting after ‘‘1997,’’ the following:

10 ‘‘and $1,855,000 for the period of October 1, 1997,

11 through March 31, 1998,’’.

12 SEC. 7. EXTENSION OF MOTOR CARRIER SAFETY PROGRAM.

13 Section 31104(a) of title 49, United States Code, is

14 amended—

15 (1) in paragraphs (1) through (5), by striking

16 ‘‘not more’’ each place it appears and inserting ‘‘Not

17 more’’; and

18 (2) by adding at the end the following:

19 ‘‘(6) Not more than $45,000,000 for the period

20 of October 1, 1997, through March 31, 1998.’’.

21 SEC. 8. EXTENSION OF FEDERAL TRANSIT PROGRAMS.

22 Title III of the Intermodal Surface Transportation

23 Efficiency Act of 1991 (105 Stat. 2087–2140) is amended

24 by adding at the end the following:
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1 ‘‘SEC. 3049. EXTENSION OF FEDERAL TRANSIT PROGRAMS

2 FOR THE PERIOD OF OCTOBER 1, 1997,

3 THROUGH MARCH 31, 1998.

4 ‘‘(a) ALLOCATING AMOUNTS.—Section 5309(m)(1)

5 of title 49, United States Code, is amended by inserting

6 ‘, and for the period of October 1, 1997, through March

7 31, 1998’ after ‘1997’.

8 ‘‘(b) APPORTIONMENT OF APPROPRIATIONS FOR

9 FIXED GUIDEWAY MODERNIZATION.—Section 5337 of

10 title 49, United States Code, is amended—

11 ‘‘(1) in subsection (a), by inserting ‘and for the

12 period of October 1, 1997, through March 31,

13 1998,’ after ‘1997,’; and

14 ‘‘(2) by adding at the end the following:

15 ‘‘ ‘(e) SPECIAL RULE FOR OCTOBER 1, 1997,

16 THROUGH MARCH 31, 1998.—The Secretary shall deter17 mine the amount that each urbanized area is to be appor18 tioned for fixed guideway modernization under this section

19 on a pro rata basis to reflect the partial fiscal year 1998

20 funding made available by section 5338(b)(1)(F).’.

21 ‘‘(c) AUTHORIZATIONS.—Section 5338 of title 49,

22 United States Code, is amended—

23 ‘‘(1) in subsection (a)—

24 ‘‘(A) in paragraph (1), by adding at the

25 end the following:
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1 ‘‘ ‘(F) $1,349,395,000 for the period of October

2 1, 1997, through March 31, 1998.’; and

3 ‘‘(B) in paragraph (2), by adding at the

4 end the following:

5 ‘‘ ‘(F) $369,000,000 for the period of October

6 1, 1997, through March 31, 1998.’;

7 ‘‘(2) in subsection (b)(1), by adding at the end

8 the following:

9 ‘‘ ‘(F) $1,110,605,000 for the period of October

10 1, 1997, through March 31, 1998.’;

11 ‘‘(3) in subsection (c), by inserting ‘and not

12 more than $1,500,000 for the period of October 1,

13 1997, through March 31, 1998,’ after ‘1997,’;

14 ‘‘(4) in subsection (e), by inserting ‘and not

15 more than $3,000,000 is available from the Fund

16 (except the Account) for the Secretary for the period

17 of October 1, 1997, through March 31, 1998,’ after

18 ‘1997,’;

19 ‘‘(5) in subsection (h)(3), by inserting ‘and

20 $3,000,000 is available for section 5317 for the pe21 riod of October 1, 1997, through March 31, 1998’

22 after ‘1997’;

23 ‘‘(6) in subsection (j)(5)—

24 ‘‘(A) in subparagraph (B), by striking

25 ‘and’ at the end;
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1 ‘‘(B) in subparagraph (C), by striking the

2 period at the end and inserting ‘; and’; and

3 ‘‘(C) by adding at the end the following:

4 ‘‘ ‘(D) the lesser of $1,500,000 or an

5 amount that the Secretary determines is nec6 essary is available to carry out section 5318 for

7 the period of October 1, 1997, through March

8 31, 1998.’;

9 ‘‘(7) in subsection (k), by striking ‘or (e)’ and

10 inserting ‘(e), or (m)’; and

11 ‘‘(8) by adding at the end the following:

12 ‘‘ ‘(m) SECTION 5316 FOR THE PERIOD OF OCTOBER

13 1, 1997, THROUGH MARCH 31, 1998.—Not more than the

14 following amounts may be appropriated to the Secretary

15 from the Fund (except the Account) for the period of Oc16 tober 1, 1997, through March 31, 1998:

17 ‘‘ ‘(1) $125,000 to carry out section 5316(a).

18 ‘‘ ‘(2) $1,500,000 to carry out section 5316(b).

19 ‘‘ ‘(3) $500,000 to carry out section 5316(c).

20 ‘‘ ‘(4) $500,000 to carry out section 5316(d).

21 ‘‘ ‘(5) $500,000 to carry out section 5316(e).’.’’.

Æ