II

105TH CONGRESS

1ST SESSION S. 1400

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 and referred to the Committee on Environment and Public Works

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-
3

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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.—Section 310 of

12 the Department of Transportation and Related Agencies

13 Appropriations Act, 1998 (Public Law 105–66; 111 Stat.

14 1425), is amended by striking subsection (b) and inserting

15 the following:

16 ‘‘(b) ALLOCATION OF OBLIGATION AUTHORITY DUR17 ING CERTAIN PERIOD.—

18 ‘‘(1) IN GENERAL.—Subject to paragraph (2),

19 after the date of enactment of the Surface Transpor20 tation Extension Act of 1997, the Secretary shall al21 locate to each State an amount of obligation author22 ity that is—

23 ‘‘(A) equal to the greater of—
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1 ‘‘(i) the State’s unobligated balance of

2 Federal-aid highway apportionments sub3 ject to any limitation on obligations; or

4 ‘‘(ii) 50 percent of the State’s total

5 fiscal year 1997 obligation authority for

6 funds apportioned for the Federal-aid

7 highway program; but

8 ‘‘(B) not greater than 75 percent of the

9 State’s total fiscal year 1997 obligation author10 ity for funds apportioned for the Federal-aid

11 highway program.

12 ‘‘(2) LIMITATION ON AMOUNT.—The total of all

13 allocations under paragraph (1) shall not exceed

14 $9,786,275,000.

15 ‘‘(3) TIME PERIOD FOR OBLIGATIONS OF

16 FUNDS.—

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

18 subparagraph (B), a State shall not obligate

19 any funds for any Federal-aid highway program

20 project after May 1, 1998, until such time as

21 a multiyear law reauthorizing the Federal-aid

22 highway program has been enacted.

23 ‘‘(B) REOBLIGATION.—Subparagraph (A)

24 shall not preclude the reobligation of

25 deobligated funds.
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1 ‘‘(C) DISTRIBUTION OF REMAINING OBLI2 GATION AUTHORITY.—Upon enactment of a law

3 described in subparagraph (A), the Secretary

4 shall distribute to each State any remaining

5 amounts of obligation authority for Federal-aid

6 highways and highway safety construction pro7 grams by allocation in accordance with sub8 section (a).’’.

9 (f) TREATMENT OF OBLIGATIONS.—Any obligation

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

11 Act, shall be considered to be an obligation for Federal12 aid highways and highway safety construction programs

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

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

15 heading ‘‘FEDERAL-AID HIGHWAYS’’ in title I of the De16 partment of Transportation and Related Agencies Appro17 priations Act, 1998 (Public Law 105–66; 111 Stat. 1425).

18 (g) FUNDING BASELINE.—Notwithstanding section

19 257 of the Balanced Budget and Emergency Deficit Con20 trol Act of 1985 (2 U.S.C. 907) and the effect of funding

21 provided under this Act or an amendment made by this

22 Act, the baseline prepared by the Congressional Budget

23 Office and the Office of Management and Budget for fiscal

24 years 1998 through 2003 for mandatory contract author25 ity and mandatory outlays for Federal-aid highways and
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1 highway safety construction programs shall be the baseline

2 included in the concurrent resolution on the budget for

3 fiscal year 1998.

4 SEC. 3. TRANSFERS OF UNOBLIGATED APPORTIONMENTS.

5 (a) IN GENERAL.—Notwithstanding any other provi6 sion of law, for fiscal year 1998, a State may transfer

7 any funds apportioned to the State for any program under

8 section 104 (including amounts apportioned under section

9 104(b)(3) or set aside or suballocated under section

10 133(d)), 144, or 402 of title 23, United States Code,

11 granted to the State for any program under section 410

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

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

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

15 not obligated, to any other of those programs.

16 (b) TREATMENT OF TRANSFERRED FUNDS.—Any

17 funds transferred to another program under subsection (a)

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

19 the funds are transferred, except that funds transferred

20 to the surface transportation program under section 133

21 of title 23, United States Code, other than paragraphs (1)

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

23 to section 133(d) of that title.

24 (c) RESTORATION OF APPORTIONMENTS.—
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1 (1) IN GENERAL.—As soon as practicable after

2 the date of enactment of a law reauthorizing the

3 Federal-aid highway program enacted after the date

4 of enactment of this Act, the Secretary shall restore

5 any funds that a State transferred under subsection

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

7 this section to the program category from which the

8 funds were transferred.

9 (2) PROGRAM CATEGORY RECONCILIATION.—

10 The Secretary may establish procedures under which

11 funds transferred under subsection (a) from a pro12 gram category for which funds are no longer author13 ized may be restored to the Federal-aid highway pro14 gram.

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

16 for use in carrying out this section.

17 SEC. 4. ADMINISTRATIVE EXPENSES.

18 (a) EXPENSES OF FEDERAL HIGHWAY ADMINISTRA19 TION.—

20 (1) AUTHORITY TO BORROW.—

21 (A) FROM UNOBLIGATED FUNDS AVAIL22 ABLE FOR DISCRETIONARY ALLOCATIONS.—If

23 unobligated balances of funds deducted by the

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

25 United States Code, for administrative and re-
9

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1 search expenses of the Federal-aid highway pro2 gram are insufficient to pay those expenses for

3 fiscal year 1998, the Secretary may borrow not

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

5 unobligated funds available to the Secretary for

6 discretionary allocations.

7 (B) REQUIREMENT TO REIMBURSE.—

8 Funds borrowed under subparagraph (A) shall

9 be reimbursed from amounts made available to

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

11 United States Code, as soon as practicable after

12 the date of enactment of a law reauthorizing

13 the Federal-aid highway program enacted after

14 the date of enactment of this Act.

15 (2) AUTHORIZATION OF CONTRACT AUTHOR16 ITY.—

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

18 made available under paragraph (1), there shall

19 be available from the Highway Trust Fund

20 (other than the Mass Transit Account) for ad21 ministrative and research expenses of the Fed22 eral-aid highway program $151,000,000 for fis23 cal year 1998.

24 (B) CONTRACT AUTHORITY.—Funds au25 thorized under this paragraph shall be available
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1 for obligation in the same manner as if the

2 funds were apportioned under chapter 1 of title

3 23, United States Code.

4 (3) USE OF CERTAIN ADMINISTRATIVE

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

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

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

8 ‘‘1997’’.

9 (b) BUREAU OF TRANSPORTATION STATISTICS.—

10 Section 6006 of the Intermodal Surface Transportation

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

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

13 ‘‘Chapter I’’; and

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

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

16 ‘‘1996,’’; and

17 (B) by inserting before the period at the

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

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

20 1998’’.

21 SEC. 5. OTHER FEDERAL-AID HIGHWAY PROGRAMS.

22 (a) FEDERAL LANDS HIGHWAYS.—Section

23 1003(a)(6) of the Intermodal Surface Transportation Ef24 ficiency Act of 1991 (105 Stat. 1919) is amended—

25 (1) in subparagraph (A)—
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1 (A) by striking ‘‘1992 and’’ and inserting

2 ‘‘1992,’’; and

3 (B) by inserting before the period at the

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

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

6 1998’’;

7 (2) in subparagraph (B)—

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

9 ‘‘1995,’’; and

10 (B) by inserting before the period at the

11 end the following: ‘‘and $86,000,000 for the pe12 riod of October 1, 1997, through March 31,

13 1998’’; and

14 (3) in subparagraph (C)—

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

16 ‘‘1995,’’; and

17 (B) by inserting before the period at the

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

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

20 1998’’.

21 (b) NATIONAL RECREATIONAL TRAILS PROGRAM.—

22 Section 1003 of the Intermodal Surface Transportation

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

24 section 2(d)) is amended by adding at the end the follow25 ing:
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1 ‘‘(e) NATIONAL RECREATIONAL TRAILS PROGRAM.—

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

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

4 1997, through March 31, 1998’ after ‘1997’.’’.

5 (c) CERTAIN ALLOCATED PROGRAMS.—

6 (1) HIGHWAY USE TAX EVASION.—Section

7 1040(f)(1) of the Intermodal Surface Transportation

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

9 Stat. 1992) is amended in the first sentence by in10 serting before the period at the end the following:

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

12 through March 31, 1998’’.

13 (2) SCENIC BYWAYS PROGRAM.—Section

14 1047(d) of the Intermodal Surface Transportation

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

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

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

18 ‘‘1994,’’; and

19 (B) by inserting before the period at the

20 end the following: ‘‘, and $7,000,000 for the pe21 riod of October 1, 1997, through March 31,

22 1998’’.

23 (d) INTELLIGENT TRANSPORTATION SYSTEMS.—Sec24 tion 6058(b) of the Intermodal Surface Transportation

25 Efficiency Act of 1991 (105 Stat. 2194) is amended—
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1 (1) by striking ‘‘1992 and’’ and inserting

2 ‘‘1992,’’; and

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

4 following: ‘‘, and $56,500,000 for the period of Oc5 tober 1, 1997, through March 31, 1998’’.

6 (e) SURFACE TRANSPORTATION RESEARCH.—

7 (1) OPERATION LIFESAVER.—

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

9 from the Highway Trust Fund (other than the

10 Mass Transit Account) to carry out the oper11 ation lifesaver program under section 104(d)(1)

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

13 the period of October 1, 1997, through March

14 31, 1998.

15 (B) CONTRACT AUTHORITY.—Funds au16 thorized under this paragraph shall be available

17 for obligation in the same manner as if the

18 funds were apportioned under chapter 1 of title

19 23, United States Code.

20 (2) DWIGHT DAVID EISENHOWER TRANSPOR21 TATION FELLOWSHIP PROGRAM.—

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

23 from the Highway Trust Fund (other than the

24 Mass Transit Account) to carry out the Dwight

25 David Eisenhower Transportation Fellowship
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1 Program under section 307(a)(1)(C)(ii) of title

2 23, United States Code, $1,000,000 for the pe3 riod of October 1, 1997, through March 31,

4 1998.

5 (B) CONTRACT AUTHORITY.—Funds au6 thorized under this paragraph shall be available

7 for obligation in the same manner as if the

8 funds were apportioned under chapter 1 of title

9 23, United States Code.

10 (3) NATIONAL HIGHWAY INSTITUTE.—Section

11 321(f) of title 23, United States Code, is amended

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

13 available from the Highway Trust Fund (other than

14 the Mass Transit Account) to carry out this section

15 $2,500,000 for the period of October 1, 1997,

16 through March 31, 1998.’’.

17 (4) EDUCATION AND TRAINING PROGRAM.—

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

19 amended by adding at the end the following: ‘‘There

20 shall be available from the Highway Trust Fund

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

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

23 1997, through March 31, 1998.’’.
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1 SEC. 6. EXTENSION OF HIGHWAY SAFETY PROGRAMS.

2 (a) NHTSA HIGHWAY SAFETY PROGRAMS.—Section

3 2005(1) of the Intermodal Surface Transportation Effi4 ciency Act of 1991 (105 Stat. 2079) is amended—

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

6 ‘‘1996,’’; and

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

8 following: ‘‘, and $83,000,000 for the period of Oc9 tober 1, 1997, through March 31, 1998’’; and

10 (b) ALCOHOL-IMPAIRED DRIVING COUNTER11 MEASURES.—Section 410 of title 23, United States Code,

12 is amended—

13 (1) in subsection (c)—

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

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

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

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

18 and inserting ‘‘3’’; and

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

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

21 ‘‘1997,’’; 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 (c) NATIONAL DRIVER REGISTER.—Section

2 30308(a) of title 49, United States Code, is amended—

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

4 ‘‘1994,’’; and

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

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

7 through March 31, 1998,’’.

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

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

10 amended—

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

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

13 more’’; and

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

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

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

17 SEC. 8. EXTENSION OF FEDERAL TRANSIT PROGRAMS.

18 Title III of the Intermodal Surface Transportation

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

20 by adding at the end the following:

21 ‘‘SEC. 3049. EXTENSION OF FEDERAL TRANSIT PROGRAMS

22 FOR THE PERIOD OF OCTOBER 1, 1997,

23 THROUGH MARCH 31, 1998.

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

25 of title 49, United States Code, is amended by inserting
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1 ‘, and for the period of October 1, 1997, through March

2 31, 1998’ after ‘1997’.

3 ‘‘(b) APPORTIONMENT OF APPROPRIATIONS FOR

4 FIXED GUIDEWAY MODERNIZATION.—Section 5337 of

5 title 49, United States Code, is amended—

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

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

8 1998,’ after ‘1997,’; and

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

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

11 THROUGH MARCH 31, 1998.—The Secretary shall deter12 mine the amount that each urbanized area is to be appor13 tioned for fixed guideway modernization under this section

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

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

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

17 United States Code, is amended—

18 ‘‘(1) in subsection (a)—

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

20 end the following:

21 ‘‘ ‘(F) $1,349,395,000 for the period of October

22 1, 1997, through March 31, 1998.’; and

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

24 end the following:
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1 ‘‘ ‘(F) $369,000,000 for the period of October

2 1, 1997, through March 31, 1998.’;

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

4 the following:

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

6 1, 1997, through March 31, 1998.’;

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

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

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

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

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

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

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

14 ‘1997,’;

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

16 $3,000,000 is available for section 5317 for the pe17 riod of October 1, 1997, through March 31, 1998’

18 after ‘1997’;

19 ‘‘(6) in subsection (j)(5)—

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

21 ‘and’ at the end;

22 ‘‘(B) in subparagraph (C), by striking the

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

24 ‘‘(C) by adding at the end the following:
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1 ‘‘ ‘(D) the lesser of $1,500,000 or an

2 amount that the Secretary determines is nec3 essary is available to carry out section 5318 for

4 the period of October 1, 1997, through March

5 31, 1998.’;

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

7 inserting ‘(e), or (m)’; and

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

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

10 1, 1997, THROUGH MARCH 31, 1998.—Not more than the

11 following amounts may be appropriated to the Secretary

12 from the Fund (except the Account) for the period of Oc13 tober 1, 1997, through March 31, 1998:

14 ‘‘ ‘(1) $125,000 to carry out section 5316(a).

15 ‘‘ ‘(2) $1,500,000 to carry out section 5316(b).

16 ‘‘ ‘(3) $500,000 to carry out section 5316(c).

17 ‘‘ ‘(4) $500,000 to carry out section 5316(d).

18 ‘‘ ‘(5) $500,000 to carry out section 5316(e).’.’’.

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