Hiring Incentives to Restore Employment Act/Division A/Title II

by United States Congress

TITLE II--SURFACE TRANSPORTATION EXTENSION

SHORT TITLE

Sec. 2001. This title may be cited as the `Surface Transportation Extension Act of 2009'.

FEDERAL-AID HIGHWAYS

Sec. 2002. (a) In General-

(1) APPLICABILITY OF PROVISIONS- Except as provided in this title, requirements, authorities, conditions, eligibilities, limitations, and other provisions authorized under titles I, V, and VI of 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 Efficiency 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 through September 30, 2010.

(2) AUTHORIZATION OF APPROPRIATIONS- Except as provided in subsection (b), there are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) for fiscal year 2010 an amount equal to the sum of the amounts authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) for programs, projects, and activities for fiscal year 2009 under titles I, V, and VI of SAFETEA-LU (119 Stat. 1144) and title 23, United States Code (excluding administrative expenses under section 104(a) and programs, projects, and activities under chapter 4 of that title), minus $1,394,358,419.

(3) USE OF FUNDS-

(A) FISCAL YEAR 2010- Except as otherwise expressly provided in this title, funds authorized to be appropriated under paragraph (2) for fiscal year 2010 shall be distributed, administered, limited, and made available for obligation in the same manner as the total amount of funds authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) for fiscal year 2009 to carry out programs, projects, activities, eligibilities, and requirements under 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 Efficiency 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).

(B) CALCULATION- The amounts authorized to be appropriated under paragraph (2) shall be calculated without regard to any rescission or cancellation of funds or contract authority for fiscal year 2009 under SAFETEA-LU (119 Stat. 1144) or any other law.

(C) DISTRIBUTION BETWEEN PROGRAMS- Funds authorized to be appropriated under paragraph (2) shall be distributed under subparagraph (A) among programs, projects, and activities referenced in such subparagraph in the ratio that--

(i) the amount authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) for such program, project, or activity for fiscal year 2009; bear to

(ii) the amount authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) for all such programs, projects, and activities for fiscal year 2009.

(D) CONTRACT AUTHORITY-

(i) IN GENERAL- Except as provided in clause (ii), funds authorized to be appropriated under this subsection shall be available for obligation in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code, and 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.

(ii) EXCEPTIONS-

(I) IN GENERAL- A limitation on obligations described in clause (i) shall not apply to any obligation under--

(aa) section 125 of title 23, United States Code; or

(bb) section 105 of title 23, United States Code, but only in an amount equal to $639,000,000.

(II) SPECIAL RULES- Except as otherwise expressly provided by this title, any special rule that applied in fiscal year 2009 to any program, project, or activity for which funds are authorized to be appropriated under paragraph (2) shall continue to apply through September 30, 2010.

(4) EXTENSION AND FLEXIBILITY FOR CERTAIN ALLOCATED PROGRAMS-

(A) FISCAL YEAR 2010-

(i) IN GENERAL- Notwithstanding any other provision of law, for fiscal year 2010, the portion of the share of funds of a State under paragraph (2) determined by the amount that the State received or was authorized to receive for fiscal year 2009 to carry out sections 1307, 1702, and 1934 of SAFETEA-LU (119 Stat. 1217, 1256, and 1485) and section 144(f)(1) of title 23, United States Code, shall be--

(I) made available to the State for programs specified in section 105(a)(2) of title 23, United States Code (except the high priority projects program), and in the same proportion for each such program that--

(aa) the amount apportioned to the State for that program for fiscal year 2009; bears to

(bb) the amount apportioned to the State for fiscal year 2009 for all such programs; and

(II) administered in the same manner and with the same period of availability as such funding is administered under programs identified in clause (i), except that no funds may be used to carry out the project described in section 1307(d)(1) of SAFETEA-LU (119 Stat. 1217; 122 Stat. 1577).

(ii) TERRITORIES AND PUERTO RICO-

(I) IN GENERAL- Notwithstanding any other provision of law, the portion of the share of funds of a territory or Puerto Rico under paragraph (2) 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--

(aa) 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

(bb) 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.

(II) TERRITORY DEFINED- In this clause, 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.

(B) ADDITIONAL FUNDS-

(i) IN GENERAL- No additional funds shall be provided for any project or activity under paragraph (3)(A) 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.

(ii) RESERVATION AND REDISTRIBUTION AMONG STATES-

(I) IN GENERAL- Funds made available in accordance with paragraph (3)(A) for a project or activity described in clause (i) shall be--

(aa) reserved by the Secretary of Transportation; and

(bb) apportioned among all States such that each State's share of funds so apportioned is equal to the State's share for fiscal year 2009 of funds apportioned or allocated for the programs specified in subclause (II).

(II) SPECIFIC PROGRAMS- The programs referred to in subclause (I) are--

(aa) the programs listed in section 105(a)(2) of title 23, United States Code;

(bb) the program authorized by section 144(f)(1) of such title; and

(cc) the program authorized by section 1934 of SAFETEA-LU (119 Stat. 1485).

(iii) DISTRIBUTION AMONG PROGRAMS- Funds apportioned to a State pursuant to clause (ii) shall be--

(I) made available to the State for programs specified in section 105(a)(2) of title 23, United States Code (except the high priority projects program), and in the same proportion for each such program that--

(aa) the amount apportioned to the State for that program for fiscal year 2009; bears to

(bb) the amount apportioned to the State for fiscal year 2009 for all such programs; and

(II) administered in the same manner and with the same period of availability as such funding is administered under programs identified in subclause (I).

(C) COMPETITIVE DISTRIBUTION OF CERTAIN DISCRETIONARY FUNDS-

(i) PROJECTS OF NATIONAL AND REGIONAL SIGNIFICANCE- Notwithstanding section 1301(m) of SAFETEA-LU (119 Stat. 1202), the Secretary shall allocate funds authorized to be appropriated under paragraph (2) for the projects of national and regional significance program on the basis of a competitive selection process in accordance with sections 1301(d), 1301(e), and 1301(f) of that Act (119 Stat. 1199).

(ii) NATIONAL CORRIDOR INFRASTRUCTURE IMPROVEMENT PROGRAM- Notwithstanding section 1302(e) of SAFETEA-LU (119 Stat. 1205), the Secretary shall allocate funds authorized to be appropriated under paragraph (2) for the national corridor infrastructure improvement program on the basis of a competitive selection process in accordance with section 1302(b) of that Act (119 Stat. 1204).

(5) EXTENSION OF AUTHORIZATIONS UNDER TITLE V OF SAFETEA-LU-

(A) IN GENERAL- The programs authorized under paragraphs (1) through (5) of section 5101(a) of SAFETEA-LU (119 Stat. 1779) shall be continued for fiscal year 2010 at the funding levels authorized for those programs for fiscal year 2009.

(B) DISTRIBUTION OF FUNDS- Funds for programs continued under subparagraph (A) 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 fiscal year 2010.

(C) ADDITIONAL FUNDS-

(i) IN GENERAL- No additional funds shall be provided for any project or activity under this paragraph 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.

(ii) DISTRIBUTION- Funds that would have been made available under subparagraph (A) for a project or activity but for the prohibition under clause (i) shall be distributed in accordance with subparagraph (B).

(b) Administrative Expenses-

(1) AUTHORIZATION OF CONTRACT AUTHORITY- Notwithstanding any other provision of this title or any other law, there is authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account), $420,562,000 for administrative expenses of the Federal-aid highway program for fiscal year 2010.

(2) CONTRACT AUTHORITY- Funds authorized to be appropriated by this subsection shall be--

(A) 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, except that such funds shall remain available until expended; 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.

(c) Reconciliation of Funds- The Secretary shall reduce the amount apportioned or allocated for a program, project, or activity continued under this section by any amount apportioned or allocated for such program, project, or activity pursuant to the Continuing Appropriations Resolution, 2010 (Public Law 111-68).

(d) References- Except as otherwise expressly provided, any reference in this section to an Act, or a provision contained in an Act, shall be considered to include the amendments made by that Act or provision.

EXTENSION OF HIGHWAY SAFETY PROGRAMS OF NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION

Sec. 2003. (a) Chapter 4 Highway Safety Programs- Section 2001(a)(1) of SAFETEA-LU (119 Stat. 1519) is amended--

(1) by striking `and'; and

(2) by inserting after `2009' the following: `, and $235,000,000 for fiscal year 2010'.

(b) Highway Safety Research and Development- Section 2001(a)(2) of such Act (119 Stat. 1519) is amended--

(1) by striking `and'; and

(2) by inserting after `2009' the following: `, and $105,500,000 for fiscal year 2010'.

(c) Occupant Protection Incentive Grants-

(1) EXTENSION OF PROGRAM- Section 405 of title 23, United States Code, is amended--

(A) in subsection (a)(3) by striking `6' and inserting `7'; and

(B) in subsection (a)(4)(C) by striking `in each of the fifth and sixth fiscal years beginning after September 30, 2003,' and inserting `in each subsequent fiscal year'.

(2) AUTHORIZATION OF APPROPRIATIONS- Section 2001(a)(3) of such Act (119 Stat. 1519) is amended--

(A) by striking `and'; and

(B) by inserting after `2009' the following: `, and $25,000,000 for fiscal year 2010'.

(d) Safety Belt Performance Grants-

(1) EXTENSION OF PROGRAM- Section 406(c)(1) of title 23, United States Code, is amended by striking `2009' and inserting `2010'.

(2) AUTHORIZATION OF APPROPRIATIONS- Section 2001(a)(4) of such Act (119 Stat. 1519) is amended--

(A) by striking `and'; and

(B) by inserting after `2009' the following: `, and $124,500,000 for fiscal year 2010'.

(e) State Traffic Safety Information System Improvements- Section 2001(a)(5) of such Act (119 Stat. 1519) is amended--

(1) by striking `and'; and

(2) by inserting after `2009' the following: `, and $34,500,000 for fiscal year 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 `in each of the fifth, sixth, seventh, and eighth fiscal years' and inserting `in each subsequent fiscal year'; and

(B) in subsection (b)(2)(C) by striking `and 2009' and inserting `, 2009, and 2010'.

(2) AUTHORIZATION OF APPROPRIATIONS- Section 2001(a)(6) of such Act (119 Stat. 1519) is amended--

(A) by striking `and'; and

(B) by inserting after `2009' the following: `, and $139,000,000 for fiscal year 2010'.

(g) National Driver Register- Section 2001(a)(7) of such Act (119 Stat. 1520) is amended--

(1) by striking `and'; and

(2) by inserting after `2009' the following: `, and $4,000,000 for fiscal year 2010'.

(h) High Visibility Enforcement Program-

(1) EXTENSION OF PROGRAM- Section 2009(a) of such Act (23 U.S.C. 402 note; 119 Stat. 1535) is amended by striking `2009' and inserting `2010'.

(2) AUTHORIZATION OF APPROPRIATIONS- Section 2001(a)(8) of such Act (119 Stat. 1520) is amended--

(A) by striking `and'; and

(B) by inserting after `2009' the second place it appears the following: `, and $29,000,000 for fiscal year 2010'.

(i) Motorcyclist Safety-

(1) EXTENSION OF PROGRAM- Section 2010(d)(1)(B) of such Act (23 U.S.C. 402 note; 119 Stat. 1536) is amended by striking `and fourth' and inserting `fourth, and fifth'.

(2) AUTHORIZATION OF APPROPRIATIONS- Section 2001(a)(9) of such Act (119 Stat. 1520) is amended--

(A) by striking `and'; and

(B) by inserting after `2009' the following: `, and $7,000,000 for fiscal year 2010'.

(j) Child Safety and Child Booster Seat Safety Incentive Grants-

(1) EXTENSION OF PROGRAM- Section 2011(c)(2) of such Act (23 U.S.C. 405 note; 119 Stat. 1538) is amended by striking `fourth fiscal year' and inserting `fourth and fifth fiscal years'.

(2) AUTHORIZATION OF APPROPRIATIONS- Section 2001(a)(10) of such Act (119 Stat. 1520) is amended--

(A) by striking `and'; and

(B) by inserting after `2009' the following: `, and $7,000,000 for fiscal year 2010'.

(k) Administrative Expenses- Section 2001(a)(11) of such Act (119 Stat. 1520) is amended--

(1) by striking `and' the last place it appears; and

(2) by inserting after `2009' the following: `, and $18,500,000 for fiscal year 2010'.

(l) Applicability of Title 23- Section 2001(c) of such Act (119 Stat. 1520) is amended by striking `2009' and inserting `2010'.

(m) Drug-impaired Driving Enforcement- Section 2013(f) of such Act (23 U.S.C. 403 note; 119 Stat. 1540) is amended by striking `2009' and inserting `2010'.

(n) Older Driver Safety; Law Enforcement Training- Section 2017 of such Act (23 U.S.C. 402 note; 119 Stat. 1541) is amended--

(1) in subsection (a)(1) by striking `2009' and inserting `2010'; and

(2) in subsection (b)(2) by striking `2009' and inserting `2010'.