Sec. 1101. AUTHORIZATION OF APPROPRIATIONS

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## SEC. 1101 AUTHORIZATION OF APPROPRIATIONS ###

(a)In General 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 under section 119 of title 23, United States Code, $3,427,341,000 for fiscal year 1998, $3,957,103,000 for fiscal year 1999, $3,994,524,000 for fiscal year 2000, $4,073,322,000 for fiscal year 2001, $4,139,630,000 for fiscal year 2002, and $4,217,635,000 for fiscal year 2003. ####

(2)National highway system For the National Highway System under section 103 of such title $4,112,480,000 for fiscal year 1998, $4,748,523,000 for fiscal year 1999, $4,793,429,000 for fiscal year 2000, $4,887,986,000 for fiscal year 2001, $4,967,556,000 for fiscal year 2002, and $5,061,162,000 for fiscal year 2003. ####

(3)Bridge program For the bridge program under section 144 of such title $2,941,454,000 for fiscal year 1998, $3,395,354,000 for fiscal year 1999, $3,427,472,000 for fiscal year 2000, $3,495,104,000 for fiscal year 2001, $3,552,016,000 for fiscal year 2002, and $3,618,966,000 for fiscal year 2003. ####

(4)Surface transportation program For the surface transportation program under section 133 of such title $4,797,620,000 for fiscal year 1998, $5,539,944,000 for fiscal year 1999, $5,592,333,000 for fiscal year 2000, $5,702,651,000 for fiscal year 2001, $5,795,482,000 for fiscal year 2002, and $5,904,689,000 for fiscal year 2003. ####

(5)Congestion mitigation and air quality improvement program For the congestion mitigation and air quality improvement program under section 149 of such title $1,192,619,000 for fiscal year 1998, $1,345,415,000 for fiscal year 1999, $1,358,138,000 for fiscal year 2000, $1,384,930,000 for fiscal year 2001, $1,407,474,000 for fiscal year 2002, and $1,433,996,000 for fiscal year 2003. ####

(6)Appalachian development highway system program For the Appalachian development highway system program under section 201 of the Appalachian Regional Development Act of 1965 (40 U.S.C. App.) $450,000,000 for each of fiscal years 1999 through 2003. ####

(7)Recreational trails program For the recreational trails program under section 206 of such title $30,000,000 for fiscal year 1998, $40,000,000 for fiscal year 1999, and $50,000,000 for each of fiscal years 2000 through 2003. ####

(8)Federal lands highways program #####

(A)Indian reservation roads For Indian reservation roads under section 204 of such title $225,000,000 for fiscal year 1998 and $275,000,000 for each of fiscal years 1999 through 2004 and $228,250,000 for the period of October 1, 2004, through July 30, 2005. The minimum amount made available for such period that the Secretary, in cooperation with the Secretary of the Interior, shall reserve for Indian reservation road bridges under section 202(d)(4) of title 23, United States Code, shall be $10,790,000 instead of $13,000,000. #####

(B)Public lands highways For public lands highways under section 204 of such title $196,000,000 for fiscal year 1998 and $246,000,000 for each of fiscal years 1999 through 2004 and $204,180,000 for the period of October 1, 2004, through July 30, 2005. #####

(C)Park roads and parkways For park roads and parkways under section 204 of such title $115,000,000 for fiscal year 1998 and $165,000,000 for each of fiscal years 1999 through 2004 and $136,950,000 for the period of October 1, 2004, through July 30, 2005. #####

(D)Refuge roads For refuge roads under section 204 of such title $20,000,000 for each of fiscal years 1999 through 2004 and $16,600,000 for the period of October 1, 2004, through July 30, 2005. ####

(9)National corridor planning and development and coordinated border infrastructure programs For the national corridor planning and development and coordinated border infrastructure programs under sections 1118 and 1119 of this Act $140,000,000 for each of fiscal years 1999 through 2004 and $116,200,000 for the period of October 1, 2004, through July 30, 2005. ####

(10)Construction of ferry boats and ferry terminal facilities For construction of ferry boats and ferry terminal facilities under section 1064 of the Intermodal Surface Transportation Efficiency Act of 1991 (23 U.S.C. 129 note; 105 Stat. 2005) $30,000,000 for each of fiscal year 1998 and $38,000,000 for each of fiscal years 1999 through 2004 and $31,540,000 for the period of October 1, 2004, through July 30, 2005. ####

(11)National scenic byways program For the national scenic byways program under section 162 of title 23, United States Code, $23,500,000 for each of fiscal years 1998 and 1999, $24,500,000 for each of fiscal years 2000 and 2001, $25,500,000 for fiscal year 2002, $26,500,000 for each of fiscal years 2003 and 2004, and $21,995,000 for the period of October 1, 2004, through July 30, 2005. ####

(12)Value pricing pilot program For the value pricing pilot program under section 1012(b) of the Intermodal Surface Transportation Efficiency Act of 1991 (23 U.S.C. 149 note; 105 Stat. 1938) $7,000,000 for fiscal year 1999, $11,000,000 for each of fiscal years 2000 through 20041, and $9,130,000 for the period of October 1, 2004, through July 30, 2005. 1The amendment made by section 4(a)(5) of Public Law 108–280 (118 Stat. 878) to strike “2003 and $9,166,667 for the period of October 1, 2003, through July 31,” should have included a comma after the first occurence of “2003” in the matter purported to be struck. The amendment was executed to reflect the probable intent of Congress. ####

(13)High priority projects program For the high priority projects program under section 117 of title 23, United States Code, $1,029,583,500 for fiscal year 1998, $1,403,977,500 for fiscal year 1999, $1,684,773,000 for fiscal year 2000, $1,684,773,000 for fiscal year 2001, $1,778,371,500 for fiscal year 2002, and $1,778,371,500 for fiscal year 2003. ####

(14)Highway use tax evasion projects For highway use tax evasion projects under section 143 of such title $10,000,000 for fiscal year 1998 and $5,000,000 for each of fiscal years 1999 through 2004 and $4,150,000 for the period of October 1, 2004, through July 30, 2005. ####

(15)Commonwealth of puerto rico highway program For the Commonwealth of Puerto Rico highway program under section 1214(r) of this Act $110,000,000 for fiscal years 1998 through 2004 and $91,300,000 for the period of October 1, 2004, through July 30, 2005. ###

(b)Disadvantaged Business Enterprises ####

(1)General rule Except to the extent that the Secretary determines otherwise, not less than 10 percent of the amounts made available for any program under titles I, III, and V of this Act shall be expended with small business concerns owned and controlled by socially and economically disadvantaged individuals. ####

(2)Definitions In 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 $16,600,000, 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 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, résumé of principal owners, financial capacity, and type of work preferred. ####

(5)Compliance with court orders Nothing in this subsection limits the eligibility of an entity or person to receive funds made available under titles I, III, and V of this Act, if the entity or person is prevented, in whole or in part, from complying with paragraph

(1)because a Federal court issues a final order in which the court finds that the requirement of paragraph (1), or the program established under paragraph (1), is unconstitutional. ####

(6)Review by comptroller general Not later than 3 years after the date of enactment of this Act, the Comptroller General of the United States shall conduct a review of, and publish and report to Congress findings and conclusions on, the impact throughout the United States of administering the requirement of paragraph (1), including an analysis of— #####

(A)in the case of small business concerns certified in each State under paragraph

(4)as owned and controlled by socially and economically disadvantaged individuals— ######

(i)the number of the small business concerns; and ######

(ii)the participation rates of the small business concerns in prime contracts and subcontracts funded under titles I, III, and V of this Act; #####

(B)in the case of small business concerns described in subparagraph

(A)that receive prime contracts and subcontracts funded under titles I, III, and V of this Act— ######

(i)the number of the small business concerns; ######

(ii)the annual gross receipts of the small business concerns; and ######

(iii)the net worth of socially and economically disadvantaged individuals that own and control the small business concerns; #####

(C)in the case of small business concerns described in subparagraph

(A)that do not receive prime contracts and subcontracts funded under titles I, III, and V of this Act— ######

(i)the annual gross receipts of the small business concerns; and ######

(ii)the net worth of socially and economically disadvantaged individuals that own and control the small business concerns; #####

(D)in the case of business concerns that receive prime contracts and subcontracts funded under titles I, III, and V of this Act, other than small business concerns described in subparagraph (B)— ######

(i)the annual gross receipts of the business concerns; and ######

(ii)the net worth of individuals that own and control the business concerns; #####

(E)the rate of graduation from any programs carried out to comply with the requirement of paragraph

(1)for small business concerns owned and controlled by socially and economically disadvantaged individuals; #####

(F)the overall cost of administering the requirement of paragraph (1), including administrative costs, certification costs, additional construction costs, and litigation costs; #####

(G)any discrimination on the basis of race, color, national origin, or sex against small business concerns owned and controlled by socially and economically disadvantaged individuals; #####

(H)######

(i)any other factors limiting the ability of small business concerns owned and controlled by socially and economically disadvantaged individuals to compete for prime contracts and subcontracts funded under titles I, III, and V of this Act; and ######

(ii)the extent to which any of those factors are caused, in whole or in part, by discrimination based on race, color, national origin, or sex; #####

(I)any discrimination, on the basis of race, color, national origin, or sex, against construction companies owned and controlled by socially and economically disadvantaged individuals in public and private transportation contracting and the financial, credit, insurance, and bond markets; #####

(J)the impact on small business concerns owned and controlled by socially and economically disadvantaged individuals of— ######

(i)the issuance of a final order described in paragraph

(5)by a Federal court that suspends a program established under paragraph (1); or ######

(ii)the repeal or suspension of State or local disadvantaged business enterprise programs; and #####

(K)the impact of the requirement of paragraph (1), and any program carried out to comply with paragraph (1), on competition and the creation of jobs, including the creation of jobs for socially and economically disadvantaged individuals. ###

(c)Advance Authorization ####

(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 2003 $30,469,806,615 for fiscal year 2004. ####

(2)Special rule Funds apportioned under section 2(a) of the Surface Transportation Extension Act of 2003 shall be subject to a limitation on obligations for Federal-aid highways and highway safety construction programs. ####

(3)Contract authority Funds made available by 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. ###

(d)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 $36,400,000 for fiscal year 2004 and $30,212,000 for the period of October 1, 2004, through July 30, 2005. ####

(2)Contract authority Funds made available by 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 a limitation on obligations for Federal-aid highways and highway safety construction programs. ###

(e)Alaska Highway ####

(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 Alaska Highway program under section 218 of such title $18,800,000 for fiscal year 2004 and $15,604,000 for the period of October 1, 2004, through July 30, 2005. ####

(f)Operation Lifesaver ####

(1)In general In lieu of the amount set aside under section 104(d)(1) of title 23, United States Code, there shall be available from the Highway Trust Fund (other than the Mass Transit Account) to carry out the operation lifesaver program under such section $500,000 for fiscal year 2004 and $415,000 for the period of October 1, 2004, through July 30, 2005. ####

(g)Bridge Discretionary ####

(1)In general There shall be available from the Highway Trust Fund (other than the Mass Transit Account) $100,000,000 to the Secretary at the discretion of the Secretary to carry out section 144(g) of title 23, United States Code, for fiscal year1 2004 and $83,000,000 for the period of October 1, 2004, through July 30, 2005. 1The amendment made by section 4(g)(2) of Public Law 108–280 (118 Stat. 880) to strike “the period of October 1, 2003 through July 31,” and inserting “fiscal year” should have included a comma after “2003” in the matter purported to be struck. The amendment was executed to reflect the probable intent of Congress. ####

(h)Interstate Maintenance ####

(1)In general There shall be available from the Highway Trust Fund (other than the Mass Transit Account) $100,000,000 to the Secretary to carry out projects described in section 118(c)(1) of title 23, United States Code, for fiscal year 2004 and $83,000,000 for the period of October 1, 2004, through July 30, 2005. ####

(2)Project selection criteria The project selection criteria in section 118(c)(2) of such title shall apply to amounts made available by this subsection. ####

(3)Contract authority Funds made available by 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 a limitation on obligations for Federal-aid highways and highway safety construction programs; except that such funds shall remain available until expended. ###

(i)Recreational Trails Administrative Costs ####

(1)In general In lieu of the amount to be deducted under section 104(h)(1) of title 23, United States Code, there shall be available from the Highway Trust Fund (other than the Mass Transit Account) to the Secretary to cover costs of the Secretary described in such section $750,000 for fiscal year 2004 and $622,500 for the period of October 1, 2004, through July 30, 2005. ####

(j)Railway-Highway Crossing Hazard Elimination in High Speed Rail Corridors ####

(1)In general In lieu of the amount to be deducted under section 104(d)(2) of title 23, United States Code, there shall be available from the Highway Trust Fund (other than the Mass Transit Account) to the Secretary for elimination of hazards of railway-highway crossings in accordance with such section $5,250,000 for fiscal year 2004 and $4,357,500 for the period of October 1, 2004, through July 30, 2005; except that not less than $250,000 shall be available for fiscal year 2004 and not less than $207,500 instead of $250,000 shall be available for the period of October 1, 2004, through July 30, 2005, for eligible improvements described in subparagraph

(E)of such section. ####

(k)Nondiscrimination ####

(1)Skills training In lieu of the amount to be deducted under section 140(b) of title 23, United States Code, there shall be available from the Highway Trust Fund (other than the Mass Transit Account) to the Secretary for the administration of such section $10,000,000 for fiscal year 2004 and $8,300,000 for the period of October 1, 2004, through July 30, 2005. ####

(2)On-the-job training In lieu of the amount to be deducted under section 140(c) of title 23, United States Code, there shall be available from the Highway Trust Fund (other than the Mass Transit Account) to the Secretary for the administration of such section $10,000,000 for fiscal year 2004 and $8,300,000 for the period of October 1, 2004, through July 30, 2005. ####

(1)shall remain available until expended. ###

(l)Advance Authorization for Fiscal Year 2005 ####

(2)Special rule Funds apportioned under section 2(a) of the Surface Transportation Extension Act of 2004, Part V shall be subject to a limitation on obligations for Federal-aid highways and highway safety construction programs. ####

(3)Contract authority Funds made available by 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.

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