	Introduction

The existing authorization for federal surface transportation programs provided by the Safe, Accountable, Flexible, Efficient Transportation Equity Act: a Legacy for Users (SAFETEA-LU or SAFETEA) expires on September 30, 2009. Congress is now considering legislation that would either reauthorize these programs or extend the existing program into at least part of the next fiscal year. While it considers reauthorization or extension legislation, Congress must also address an ongoing financial shortfall in the highway account of the Highway Trust Fund. Just before leaving for its summer District Work period, Congress provided a short term fix for the funding problem by transferring $7 billion from the Treasury's General Fund Account to the highway account of the Highway Trust Fund ( P.L. These funds are expected to keep the trust fund solvent through the remainder of FY2009 and may also provide an additional cushion that could extend later into the fall. This action does not, however, address program extension and provides no long term solution to the trust fund's financial problems. There are many issues associated with surface transportation legislation. Some, but not all, are discussed in the examination of the legislation under consideration presented in this report. Those seeking to understand all of the major issues at play in this debate should refer to: CRS Report R40053, Surface Transportation Program Reauthorization Issues for the 111 th Congress , coordinated by [author name scrubbed]. On July 22, 2009, the Senate Committee on Environment and Public Works (EPW) reported the Surface Transportation Extension Act of 2009 ( S. 1498 ). This legislation would extend existing surface transportation programs at current funding levels for 18 months (beginning October 1, 2009 and ending March 31, 2011). As released, the legislation is incomplete, lacking funding data and the details of several major provisions. Subcommittee on Highways and Transit mark up of the proposed legislation occurred on June 24, 2009. The bill is as yet unnumbered as it has not been formally introduced. Information on the contents of the not yet completed bill is available at the House Committee on Transportation and Infrastructure's website: http://transportation.house.gov/ . But the length of the proposed legislation is also related to the aforementioned restructuring of the federal surface transportation programs and by significant changes in the overall policy goals advanced by the bill. This program is discussed in greater detail in the environmental section of this report. The source of funds would be the General Treasury, not the Highway Trust Fund.
The existing authorization for federal surface transportation programs provided by the Safe, Accountable, Flexible, Efficient Transportation Equity Act: a Legacy for Users (SAFETEA-LU or SAFETEA) expires on September 30, 2009. Congress is now considering legislation that would either reauthorize these programs or extend the existing program into at least part of the next fiscal year.
While it considers reauthorization or extension legislation, Congress has also had to address an ongoing financial shortfall in the highway account of the Highway Trust Fund. Just before leaving for its summer District Work period, Congress provided a short term fix for the funding problem by transferring $7 billion from the Treasury's General Fund Account to the highway account of the Highway Trust Fund (P.L. 111-46). These funds are expected to keep the trust fund solvent through the remainder of FY2009 and may also provide an additional cushion that could extend later into the fall. This action does not, however, address program extension and provides no long term solution to the trust fund's financial problems.
Extension legislation introduced so far is straightforward in its nature, containing no extraneous legislative provisions. The Senate is considering a bill, S. 1498, the Surface Transportation Extension Act of 2009, and related legislation that would extend the existing surface transportation program for 18 months and would provide an infusion of $27 billion to insure that the highway and transit accounts of the Highway Trust Fund remain financially viable throughout the extension period. Action to this point has occurred at the Committee level and floor consideration of the legislation could occur in the fall of 2009.
At this point only one reauthorization bill has been introduced, the Surface Transportation Assistance Act of 2009. At present, however, the bill is incomplete, lacking funding data and other details on several of what might be the most significant features in the bill. The bill, although not yet formally introduced and hence unnumbered, has nonetheless been subject to mark up by the House Committee on Transportation and Infrastructure, Subcommittee on Highways and Transit.
There are many issues associated with surface transportation legislation. Some, but not all, are discussed in the examination of the legislation under consideration presented in this report. Those seeking to understand all of the major issues at play in this debate should refer to: CRS Report R40053, Surface Transportation Program Reauthorization Issues for the 111th Congress, coordinated by [author name scrubbed].
This report begins with a very brief discussion of the existing federal surface transportation program. Those already familiar with the program may choose to skip over this section of the report and move on to the sections that discuss the major provisions of significant legislation currently under consideration by the 111th Congress. As new legislation is introduced and more detailed information becomes available about already-introduced legislation, this report will be expanded and updated.