Sec. 1003. AUTHORIZATION OF APPROPRIATIONS
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## SEC. 1003 AUTHORIZATION OF APPROPRIATIONS ###
(a)From the Highway Trust Fund For the purpose of carrying out the provisions of title 23, United States Code, the following sums are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account): ####
(1)Interstate maintenance program For the Interstate maintenance program $2,431,000,000 for fiscal year 1992, $2,913,000,000 for fiscal year 1993, $2,914,000,000 for fiscal year 1994, $2,914,000,000 for fiscal year 1995, $2,914,000,000 for fiscal year 1996, and $2,914,000,000 for fiscal year 1997. ####
(2)National highway system For the National Highway System $3,003,000,000 for fiscal year 1992, $3,599,000,000 for fiscal year 1993, $3,599,000,000 for fiscal year 1994, $3,599,000,000 for fiscal year 1995, $3,600,000,000 for fiscal year 1996, and $3,600,000,000 for fiscal year 1997. ####
(3)Surface transportation program For the surface transportation program $3,418,000,000 for fiscal year 1992, $4,096,000,000 for fiscal year 1993, $4,096,000,000 for fiscal year 1994, $4,096,000,000 for fiscal year 1995, $4,097,000,000 for fiscal year 1996, and $4,097,000,000 for fiscal year 1997. ####
(4)Congestion mitigation and air quality improvement program For the congestion mitigation and air quality improvement program $858,000,000 for fiscal year 1992, $1,028,000,000 for fiscal year 1993, $1,028,000,000 for fiscal year 1994, $1,028,000,000 for fiscal year 1995, $1,029,000,000 for fiscal year 1996, and $1,029,000,000 for fiscal year 1997. ####
(5)Bridge program For the bridge program $2,288,000,000 for fiscal year 1992, $2,762,000,000 for fiscal year 1993, $2,762,000,000 for fiscal year 1994, $2,762,000,000 for fiscal year 1995, $2,763,000,000 for fiscal year 1996, and $2,763,000,000 for fiscal year 1997. ####
(6)Federal lands highway program #####
(A)Indian reservation roads For Indian reservation roads $159,000,000 for fiscal year 1992, $191,000,000 for each of fiscal years 1993, 1994, 1995, 1996, and 1997, and $95,500,000 for the period of October 1, 1997, through March 31, 1998. #####
(B)Public lands highways For public lands highways $143,000,000 for fiscal year 1992, $171,000,000 for each of fiscal years 1993, 1994, and 1995, $172,000,000 for each of fiscal years 1996 and 1997 and $86,000,000 for the period of October 1, 1997, through March 31, 1998. #####
(C)Parkways and park highways For parkways and park highways $69,000,000 for fiscal year 1992, $83,000,000 for each of fiscal years 1993, 1994, and 1995, $84,000,000 for each of fiscal years 1996 and 1997, and $42,000,000 for the period of October 1, 1997, through March 31, 1998. ####
(7)FHWA highway safety programs For carrying out section 402 by the Federal Highway Administration $17,000,000 for fiscal year 1992 and $20,000,000 for each of fiscal years 1993, 1994, 1995, 1996, and 1997. ####
(8)FHWA highway safety research and development For carrying out section 403 by the Federal Highway Administration $10,000,000 for each of fiscal years 1992, 1993, 1994, 1995, 1996, and 1997. ###
(b)Disadvantaged Business Enterprises ####
(1)General rule Except to the extent that the Secretary determines otherwise, not less than 10 percent of the amounts authorized to be appropriated under titles I (other than part B), III, V, and VI of this Act shall be expended with small business concerns owned and controlled by socially and economically disadvantaged individuals. ####
(2)Definitions For purposes of this subsection, the following definitions apply: #####
(A)Small business concern The term “**small business concern**” has the meaning such term has under section 3 of the Small Business Act (15 U.S.C. 632); except that such term shall not include any concern or group of concerns controlled by the same socially and economically disadvantaged individual or individuals which has average annual gross receipts over the preceding 3 fiscal years in excess of $15,370,000, as adjusted by the Secretary for inflation. #####
(B)Socially and economically disadvantaged individuals The term “**socially and economically disadvantaged individuals**” has the meaning such term has under section 8(d) of the Small Business Act (15 U.S.C. 637(d)) and relevant subcontracting regulations promulgated pursuant thereto; except that women shall be presumed to be socially and economically disadvantaged individuals for purposes of this subsection. ####
(3)Annual listing of disadvantaged business enterprises Each State shall annually survey and compile a list of the small business concerns referred to in paragraph
(1)and the location of such concerns in the State and notify the Secretary, in writing, of the percentage of such concerns which are controlled by women, by socially and economically disadvantaged individuals (other than women), and by individuals who are women and are also otherwise socially and economically disadvantaged individuals. ####
(4)Uniform certification The Secretary shall establish minimum uniform criteria for State governments to use in certifying whether a concern qualifies for purposes of this subsection. Such minimum uniform criteria shall include but not be limited to on-site visits, personal interviews, licenses, analysis of stock ownership, listing of equipment, analysis of bonding capacity, listing of work completed, resume of principal owners, financial capacity, and type of work preferred. ####
(5)Study #####
(A)In general The Comptroller General shall conduct a study of the disadvantaged business enterprise program of the Federal Highway Administration (hereinafter in this paragraph referred to as the “program”). #####
(B)Contents The study under this paragraph shall include the following: ######
(i)Graduation A determination of— ######
(I)the percentage of disadvantaged business enterprises which have enrolled in the program and graduated after a period of 3 years; ######
(II)the number of disadvantaged business enterprises which have enrolled in the program and not graduated after a period of 3 years; ######
(III)whether or not the graduation date of any of the disadvantaged business enterprises described in subclause
(II)should have been accelerated; ######
(IV)since the program has no graduation time requirements, how many years would appear reasonable for disadvantaged business enterprises to participate in the program; ######
(V)the length of time the average small nondisadvantaged business enterprise takes to be successful in the highway construction field as compared to the average disadvantaged business enterprise; and ######
(VI)to what degree are disadvantaged business enterprises awarded contracts once they are no longer participating in the disadvantaged business program. ######
(ii)Out-of-state contracting A determination of which State transportation programs meet the requirement of the program for 10 percent participation by disadvantaged business enterprises by contracting with contractors located in another State and a determination to what degree prime contractors use out-of-State disadvantaged business enterprises even when disadvantaged business enterprises exist within the State to meet the 10 percent participation goal and reasons why this occurs. ######
(iii)Program adjustments A determination of whether or not adjustments in the program could be made with respect to Federal and State participation in training programs and with respect to meeting capital needs and bonding requirements. ######
(iv)Success rate Recommendations concerning whether or not adjustments described in clause
(iii)would continue to encourage minority participation in the program and improve the success rate of the disadvantaged business enterprises. ######
(v)Performance and financial capabilities Recommendations for additions and revisions to criteria used to determine the performance and financial capabilities of disadvantaged business enterprises enrolled in the program. ######
(vi)Enforcement mechanisms A determination of whether the current enforcement mechanisms are sufficient to ensure compliance with the disadvantaged business enterprise participation requirements. ######
(vii)Additional costs A determination of additional costs incurred by the Federal Highway Administration in meeting the requirement of the program for 10 percent participation by disadvantaged business enterprises as well as a determination of benefits of the program. ######
(viii)Effect on industry A determination of how the program is being implemented by the construction industry and the effects of the program on all segments of the industry. ######
(ix)Certification An analysis of the certification process for Federal-aid highway and transit programs, including a determination as to whether the process should be uniform and permit State-to-State reciprocity and how certification criteria and procedures are being implemented by the States. ######
(x)Goals A determination of how the Federal goal is being implemented by the States, including the waiver process, and the impact of the goal on those individuals presumed to be socially and economically disadvantaged. #####
(C)Report Not later than 12 months after the date of the enactment of this Act, the Comptroller General shall transmit to the Committee on Environment and Public Works of the Senate and the Committee on Public Works and Transportation of the House of Representatives a report on the results of the study conducted under this paragraph. ###
(c)Reduction in Authorizations for Budget Compliance If the total amount authorized by this Act out of the Highway Trust Fund (other than the Mass Transit Account) exceeds $17,042,000,000 for fiscal year 1992, or exceeds $98,642,000,000 for fiscal years 1992 through 1996, then each amount so authorized shall be reduced proportionately so that the total equals $17,042,000,000 for fiscal year 1992, or equals $98,642,000,000 for fiscal years 1992 through 1996, as the case may be. ###
(d)Advance Authorizations ####
(1)In general There shall be available from the Highway Trust Fund (other than the Mass Transit Account) to carry out section 2(a) of the Surface Transportation Extension Act of 1997 $5,500,000,000 for the period of November 16, 1997, through January 31, 1998. ####
(2)Special rule Funds apportioned under subsection
(a)shall be subject to any limitation on obligations for Federal-aid highways and highway safety construction programs. ###
(e)Authorization of Contract Authority ####
(1)Authorization Notwithstanding section 157(e) of title 23, United States Code, there shall be available from the Highway Trust Fund (other than the Mass Transit Account) to carry out section 157 of title 23, United States Code, not to exceed $15,460,000 for the period of January 26, 1998, through January 31, 1998. ####
(2)Allocation The Secretary shall allocate the amounts authorized under paragraph
(1)to each State in the ratio that— #####
(A)the amount allocated to the State for fiscal year 1997 under section 157 of that title; bears to #####
(B)the amounts allocated to all States for fiscal year 1997 under section 157 of that title. ###
(f)Contract Authority Funds authorized under subsections
(d)and
(e)shall be available for obligation in the same manner as if the funds were apportioned under chapter 1 of title 23, United States Code. ### (e)2 National Recreational Trails Program Section 104(h) of title 23, United States Code, is amended by inserting “and $7,500,000 for the period of October 1, 1997, through March 31, 1998” after “1997”. 2So in law. Section 2(d) of the Surface Transportation Extension Act of 1997 (Public Law 105–130; 111 Stat. 2552) amends section 1003 by adding at the end subsections
(d)through (f). Section 5(b) of such Act amends section 1003 “(as amended by section 2(d))” by adding at the end this subsection (e). Subsection
(g)of such section amends section 1003 “(as amended by subsection (b))” by adding at the end a new subsection (f). ### (f)2 Territories ####
(1)In general In lieu of the amounts deducted under section 104(b)(1) of title 23, United States Code, there shall be available from the Highway Trust Fund (other than the Mass Transit Account) for the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands $15,000,000 for the period of October 1, 1997, through March 31, 1998. ####
(2)Contract authority Funds authorized under this subsection shall be available for obligation in the same manner as if the funds were apportioned under chapter 1 of title 23, United States Code, and shall be subject to any limitation on obligations for Federal-aid highways and highway safety construction programs.
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- Pub. L. 105-130
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Sec. 1003
AUTHORIZATION OF APPROPRIATIONS
Pub. L.Pub. L. 105-130
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