II 
Calendar No. 191 
111TH CONGRESS 
1ST SESSION H. R. 3617 
IN THE SENATE OF THE UNITED STATES 
SEPTEMBER 24, 2009 
Received 
OCTOBER 28, 2009 
Read the first time 
OCTOBER 29, 2009 
Read the second time and placed on the calendar 
AN ACT 
To provide an extension of Federal-aid highway, highway 
safety, motor carrier safety, transit, and other programs 
funded out of the Highway Trust Fund pending enact-
ment of a multiyear law reauthorizing such programs. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; EXTENSION PERIOD. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Surface Transportation Extension Act of 2009’’. 
(b) EXTENSION PERIOD.—This Act extends funding 
for programs funded out of the Highway Trust Fund for 
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the period beginning on October 1, 2009, and ending on 
the earlier of— 
(1) the date of enactment of a multiyear law re-
authorizing the Federal-aid highway, highway safety, 
motor carrier safety, and transit programs enacted 
after the date of enactment of this Act; and 
(2) December 31, 2009. 
SEC. 2. FEDERAL-AID HIGHWAY PROGRAM. 
(a) APPORTIONMENTS.— 
(1) IN GENERAL.—On October 1 of fiscal year 
2010, the Secretary of Transportation shall appor-
tion funds authorized for such fiscal year under sec-
tion 1101(c) of SAFETEA–LU (119 Stat. 1153) (as 
added by subsection (d) of this section) to each 
State such that the State’s share of funds appor-
tioned is equal to the State’s share for fiscal year 
2009 of funds apportioned or allocated for the pro-
grams specified in paragraph (2). 
(2) SPECIFIC
PROGRAMS.—The programs re-
ferred to in paragraph (1) are— 
(A) 
the 
programs 
listed 
in 
section 
105(a)(2) of title 23, United States Code; 
(B) the program authorized by section 
144(f)(1) of such title; 
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(C) the program authorized by section 
1934 of SAFETEA–LU (119 Stat. 1485); and 
(D) the program authorized by section 
1962 of SAFETEA–LU (119 Stat. 1518). 
(b) PROGRAMMATIC DISTRIBUTIONS.— 
(1) PROGRAMS.—Of the funds to be appor-
tioned to each State under subsection (a), the Sec-
retary shall ensure that the State is apportioned an 
amount, determined in accordance with paragraph 
(2), of the funds for each program specified in sub-
section (a)(2), with the following exceptions: 
(A) The high priority projects program au-
thorized by section 117 of title 23, United 
States Code. 
(B) The program authorized by section 
144(f)(1) of such title. 
(C) The program authorized by section 
1934 of SAFETEA–LU (119 Stat. 1485). 
(D) The program authorized by section 
1962 of SAFETEA–LU (119 Stat. 1518). 
(2) DISTRIBUTION.—The amount that each 
State shall be apportioned under this subsection for 
each program for which funds may be apportioned 
under paragraph (1) shall be determined by multi-
plying— 
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(A) the amount apportioned to the State 
under subsection (a) for the fiscal year; by 
(B) the ratio that— 
(i) the amount of funds apportioned 
or allocated for such program to the State 
for fiscal year 2009; bears to— 
(ii) the total of the amount of funds 
apportioned or allocated for all of such 
programs to the State for fiscal year 2009. 
(3) ADMINISTRATION OF FUNDS.—Funds au-
thorized by the amendment made by subsection (d) 
shall be administered as if the funds had been ap-
portioned, allocated, deducted, or set aside, as the 
case may be, under title 23, United States Code, or 
under SAFETEA–LU (119 Stat. 1144 et seq.), ex-
cept that the deductions and set-asides under the 
following sections shall not apply to such funds: 
(A) 
Sections 
104(b)(1)(A), 
104(f), 
104(h)(1), 118(c)(1), 130(e)(1), 140(b), 140(c), 
and 144(f)(1) of title 23, United States Code. 
(B) Section 1404(c)(3) of SAFETEA–LU 
(119 Stat. 1229). 
(C) Section 111 of the SAFETEA–LU 
Technical Corrections Act of 2008 (122 Stat. 
1572). 
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(4) SPECIAL RULE FOR EQUITY BONUS.—The 
amounts apportioned to the States under this sec-
tion for the equity bonus program under section 105 
of title 23, United States Code, shall be treated, for 
purposes of section 105(d) of such title, as amounts 
made available under section 105 of such title, ex-
cept that, for the period referred to in section 1(b), 
the $2,639,000,000 set forth in section 105(d)(1) of 
such title shall be treated as being $659,750,000. 
(5) EXTENSION OF BRIDGES NOT ON FEDERAL- 
AID HIGHWAYS.—Section 144(f)(2)(A) of title 23, 
United States Code, is amended by inserting after 
‘‘2009’’ the following: ‘‘and for the period referred 
to in section 1(b) of the Surface Transportation Ex-
tension Act of 2009’’. 
(c) 
REPAYMENT
FROM
FUTURE
APPORTION-
MENTS.— 
(1) IN GENERAL.—The Secretary shall reduce 
the amount that would be apportioned, but for this 
section, to a State for programs under chapter 1 of 
title 23, United States Code, or under title I of 
SAFETEA–LU (119 Stat. 1144 et seq.), for fiscal 
year 2010, under a multiyear law reauthorizing the 
Federal-aid highway program enacted after the date 
of enactment of this Act by the amount that is ap-
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portioned to each State under subsection (a) for 
each such program for fiscal year 2010. 
(2) PROGRAM
CATEGORY
RECONCILIATION.— 
The Secretary may establish procedures under which 
funds apportioned under subsection (a) for a pro-
gram category for which funds are not authorized 
under a law described in paragraph (1) may be re-
stored to the Federal-aid highway program. 
(d) AUTHORIZATION OF CONTRACT AUTHORITY.— 
Section 1101 of SAFETEA–LU (119 Stat. 1153) is 
amended by adding at the end the following: 
‘‘(c) ADDITIONAL AUTHORIZATIONS.— 
‘‘(1) IN GENERAL.—There is authorized to be 
appropriated out of the Highway Trust Fund (other 
than the Mass Transit Account) to carry out section 
2(a) of the Surface Transportation Extension Act of 
2009 $9,848,113,116 for the period referred to in 
section 1(b) of that Act. 
‘‘(2) SPECIAL RULE.—Funds apportioned under 
section 2(a) of the Surface Transportation Exten-
sion Act of 2009 shall be subject to a limitation on 
obligations for Federal-aid highways and highway 
safety construction programs. 
‘‘(3) CONTRACT
AUTHORITY.—Funds author-
ized by this subsection shall be made available for 
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obligation and administered in the same manner as 
if such funds were apportioned under chapter 1 of 
title 23, United States Code, except that funds made 
available for the safe routes to school program au-
thorized by section 1404, the coordinated border in-
frastructure program authorized by section 1303, 
and the Appalachian development highway system 
program authorized by subtitle IV of title 40, United 
States Code, shall remain available until expended.’’. 
(e) LIMITATION ON OBLIGATIONS.— 
(1) IN GENERAL.—Subject to paragraph (2), 
upon enactment of an Act making appropriations for 
the Department of Transportation for fiscal year 
2010 (other than an Act or resolution making con-
tinuing appropriations), the Secretary shall— 
(A) first calculate the distribution of the 
obligation limitation for Federal-aid highways 
and highway safety construction programs pro-
vided by such Act according to the provisions of 
such Act, and, as necessary for purposes of 
making the calculations for the distribution of 
any obligation limitation under such Act, the 
Secretary shall annualize the amount of con-
tract authority provided under this Act for Fed-
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eral-aid highways and highway safety construc-
tion programs; and then 
(B) multiply the results of the calculations 
made under subparagraph (A) by one-quarter. 
(2) 
EXCEPTION.—An 
amount 
equal 
to 
$159,750,000 of the funds made available for the 
period referred to in section 1(b) for the equity 
bonus program authorized by section 105 of title 23, 
United States Code, shall not be subject to any obli-
gation limitation. 
(3) TIME PERIOD FOR OBLIGATIONS.—After the 
last day of the period referred to in section 1(b), no 
funds shall be obligated for any Federal-aid highway 
program project until the date of enactment of a 
multiyear law reauthorizing the Federal-aid highway 
program enacted after the date of enactment of this 
Act. 
(4) TREATMENT OF OBLIGATIONS.—Any obliga-
tion of obligation authority distributed under this 
subsection for fiscal year 2010 shall be considered to 
be an obligation for Federal-aid highways and high-
way safety construction programs for fiscal year 
2010 for the purposes of any obligation limitation 
set in an Act making appropriations for the Depart-
ment of Transportation for fiscal year 2010. 
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SEC. 3. FEDERAL-AID HIGHWAY PROGRAM ADMINISTRA-
TIVE EXPENSES. 
(a) AUTHORIZATION OF CONTRACT AUTHORITY.— 
There shall be available from the Highway Trust Fund 
(other than the Mass Transit Account) for administrative 
expenses 
of 
the 
Federal-aid 
highway 
program 
$105,929,410 for the period referred to in section 1(b). 
Such funds may be used for the purposes described in sec-
tions 104(a)(2) and 104(i) of title 23, United States Code. 
(b) CONTRACT AUTHORITY.—Funds made available 
by 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 shall be 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. 4. OTHER FEDERAL-AID HIGHWAY PROGRAMS. 
(a) EXTENSION OF ISTEA AXLE WEIGHT EXEMP-
TION
FOR TRANSIT VEHICLES
AND OVER-THE-ROAD 
BUSES.—Section 1023(h) of the Intermodal Surface 
Transportation Efficiency Act of 1991 (23 U.S.C. 127 
note; 106 Stat. 1552) is amended— 
(1) in paragraph (1) by striking ‘‘October 1, 
2009’’ and inserting ‘‘the last day of the period re-
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to in section 1(b) of the Surface Transportation Ex-
tension Act of 2009,’’ after ‘‘each fiscal year’’. 
(i) ADMINISTRATION.—Section 5338(e) of such title 
is amended— 
(1) by striking ‘‘and’’ at the end of paragraph 
(3); 
(2) by striking the period at the end of para-
graph (4) and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(5) $24,625,000 for the period referred to in 
section 1(b) of the Surface Transportation Exten-
sion Act of 2009.’’. 
(j) EXTENSION OF SAFETEA–LU PROGRAMS.— 
(1) CONTRACTED
PARATRANSIT
PILOT.—Sec-
tion 3009(i)(1) of SAFETEA–LU (119 Stat. 1572) 
is amended by inserting after ‘‘2009’’ the following: 
‘‘and for the period referred to in section 1(b) of the 
Surface Transportation Extension Act of 2009’’. 
(2) PUBLIC-PRIVATE PARTNERSHIP PILOT PRO-
GRAM.—Section 3011(c)(5) of SAFETEA–LU (49 
U.S.C. 5309 note; 119 Stat. 1588) is amended by 
inserting after ‘‘2009’’ the following: ‘‘and for the 
period referred to in section 1(b) of the Surface 
Transportation Extension Act of 2009’’. 
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