Home > 106th Congressional Bills > H.R. 3089 (ih) To provide for a comprehensive scientific review of the current [Introduced in House] ...H.R. 3089 (ih) To provide for a comprehensive scientific review of the current [Introduced in House] ...
108th CONGRESS
1st Session
H. R. 3088
To provide an extension of highway, highway safety, motor carrier
safety, transit, and other programs funded out of the Highway Trust
Fund pending enactment of a law reauthorizing the Transportation Equity
Act for the 21st Century.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 16, 2003
Mr. Young of Alaska (for himself, Mr. Oberstar, Mr. Petri, Mr.
Lipinski, Mr. Baker, Mr. Rahall, Mr. Coble, Mr. DeFazio, Mr. Platts,
Mr. Costello, Mr. Graves, Ms. Norton, Mr. Quinn, Mr. Nadler, Mr.
Bereuter, Mr. Menendez, Mr. Ehlers, Ms. Corrine Brown of Florida, Mr.
Moran of Kansas, Mr. Filner, Mr. LoBiondo, Ms. Eddie Bernice Johnson of
Texas, Mr. LaTourette, Mr. Taylor of Mississippi, Mr. Gary G. Miller of
California, Ms. Millender-McDonald, Mr. Gilchrest, Mr. Cummings, Mr.
Mica, Mr. Blumenauer, Mr. Burns, Mr. Pascrell, Mr. Porter, Mr. Boswell,
Mr. Burgess, Mr. Holden, Mr. Hayes, Mr. Lampson, Mr. Chocola, Mr.
Baird, Mr. Simmons, Ms. Berkley, Mr. Shuster, Mr. Carson of Oklahoma,
Mr. Brown of South Carolina, Mr. Matheson, Mr. Duncan, Mr. Honda, Mr.
Johnson of Illinois, Mr. Larsen of Washington, Mr. Boozman, Mr.
Capuano, Mr. DeMint, Mr. Weiner, Mr. Pearce, Ms. Carson of Indiana,
Mrs. Kelly, Mr. Hoeffel, Mr. Isakson, Mr. Thompson of California, Mr.
Bachus, Mr. Bishop of New York, Mr. Sullivan, Mr. Michaud, Mr. Mario
Diaz-Balart of Florida, Mr. Davis of Tennessee, Mr. Ney, Mr. Rehberg,
Mr. Boehlert, Mr. Beauprez, Mr. Gerlach, Mrs. Capito, Mr. Hoekstra, Mr.
Kennedy of Minnesota, Mr. McCrery, and Mr. Bartlett of Maryland)
introduced the following bill; which was referred to the Committee on
Transportation and Infrastructure, and in addition to the Committees on
Resources, the Budget, Ways and Means, and Science, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To provide an extension of highway, highway safety, motor carrier
safety, transit, and other programs funded out of the Highway Trust
Fund pending enactment of a law reauthorizing the Transportation Equity
Act for the 21st Century.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Surface Transportation Extension Act
of 2003''.
SEC. 2. ADVANCES.
(a) In General.---The Secretary of Transportation shall apportion
funds made available under section 1101(c) of the Transportation Equity
Act for the 21st Century (112 Stat. 116), as amended by this Act, to
each State in the ratio that--
(1) the State's total fiscal year 2003 obligation authority
for funds apportioned for the Federal-aid highway program,
bears to
(2) all States' total fiscal year 2003 obligation authority
for funds apportioned for the Federal-aid highway program.
(b) Programmatic Distributions.--
(1) Programs.--Of the funds to be apportioned to each State
under subsection (a), the Secretary shall ensure that the State
is apportioned an amount of the funds, determined under
paragraph (2), for the Interstate maintenance program, the
National Highway System program, the bridge program, the
surface transportation program, the congestion mitigation and
air quality improvement program, the recreational trails
program, the Appalachian development highway system program,
and the minimum guarantee.
(2) In general.--The amount that each State shall be
apportioned under this subsection for each item referred to in
paragraph (1) shall be determined by multiplying--
(A) the amount apportioned to the State under
subsection (a); by
(B) the ratio that--
(i) the amount of funds apportioned for the
item to the State for fiscal year 2003, bears
to
(ii) the total of the amount of funds
apportioned for the items to the State for
fiscal year 2003.
(3) Administration of funds.--Funds authorized by the
amendment made under subsection (d) shall be administered as if
the funds had been apportioned, allocated, deducted, or set
aside, as the case may be, under title 23, United States Code;
except that the deductions and set-asides in the following
sections of such title shall not apply to such funds: sections
104(a)(1)(A), 104(a)(1)(B), 104(b)(1)(A), 104(d)(1), 104(d)(2),
104(f)(1), 104(h)(1), 118(c)(1), 140(b), 140(c), and 144(g)(1).
(4) Special rules for minimum guarantee.--In carrying out
the minimum guarantee under section 105(c) of title 23, United
States Code, with funds apportioned under this section for the
minimum guarantee, the $2,800,000,000 set forth in paragraph
(1) of such section 105(c) shall be treated as being
$1,400,000,000 and the aggregate of amounts apportioned to the
States under this section for the minimum guarantee shall be
treated, for purposes of such section 105(c), as amounts made
available under section 105 of such title.
(5) Extension of off-system bridge setaside.--Section
144(g)(3) of title 23, United States Code, is amended by
inserting after ``2003'' the following: ``and in the period of
October 1, 2003, through March 31, 2004,''.
(c) Repayment From Future Apportionments.--
(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, for
fiscal year 2004, under a law reauthorizing the Federal-aid
highway program enacted after the date of enactment of this Act
by the amount that is apportioned to each State under
subsection (a) and section 5(c) for each such program.
(2) Program category reconciliation.--The Secretary may
establish procedures under which funds apportioned under
subsection (a) for a program category for which funds are not
authorized under a law described in paragraph (1) may be
restored to the Federal-aid highway program.
(d) Authorization of Contract Authority.--Section 1101 of the
Transportation Equity Act for the 21st Century (112 Stat. 111-115) is
amended by adding at the end the following:
``(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 $16,180,150,000 for the period of October 1, 2003,
through March 31, 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.''.
(e) Limitation on Obligations.--
(1) In general.--Subject to paragraph (2), for the period
of October 1, 2003, through March 31, 2004, the Secretary shall
allocate to each State for programs funded under this section
and section 5(c) an amount of obligation authority made
available under an Act making appropriations for the Department
of Transportation for fiscal year 2004 that is--
(A) equal to the greater of--
(i) the State's unobligated balance, as of
October 1, 2003, of Federal-aid highway
apportionments subject to any limitation on
obligations; except that unobligated balances
of contract authority from minimum guarantee
and Appalachian development highway system
apportionments for which obligation authority
was made available until used shall not be
included for purposes of calculating a State's
unobligated balance of apportionments for this
clause; or
(ii) 50 percent of the State's total fiscal
year 2003 obligation authority for funds
apportioned for the Federal-aid highway
program; but
(B) not greater than 75 percent of the State's
total fiscal year 2003 obligation authority for funds
apportioned for the Federal-aid highway program.
(2) Limitation on amount.--The total of all allocations
under paragraph (1) and allocations, for programs funded under
sections 4, 5 (other than subsection (c)), and 6(a) of this
Act, of obligation authority made available under an Act making
appropriations for the Department of Transportation for fiscal
year 2004 shall not exceed $16,921,500,000; except that this
limitation shall not apply to $319,500,000 in obligations for
minimum guarantee for the period of October 1, 2003, through
March 31, 2004.
(3) Time period for obligations of funds.--
(A) In general.--Except as provided in subparagraph
(B), a State shall not obligate any funds for any
Federal-aid highway program project after March 31,
2004, until the earlier of the date of enactment of a
multiyear law reauthorizing the Federal-aid highway
program or June 30, 2004.
(B) Reobligation.--Subparagraph (A) shall not
preclude the reobligation of previously obligated
funds.
(C) Distribution of remaining obligation
authority.--On the earlier of the date of enactment of
a law described in subparagraph (A) or June 1, 2004,
the Secretary shall distribute to each State any
remaining amounts of obligation authority for Federal-
aid highways and highway safety construction programs
by allocation as provided in an Act making
appropriations for the Department of Transportation for
fiscal year 2004.
(D) Contract authority.--No contract authority made
available to the States prior to June 30, 2004, shall
be obligated after that date until such time as a
multiyear law reauthorizing the Federal-aid highway
program has been enacted.
(4) Treatment of obligations.--Any obligation of an
allocation of obligation authority made under this subsection
shall be considered to be an obligation for Federal-aid
highways and highway safety construction programs for fiscal
year 2004 for the purposes of the matter under the heading
``(LIMITATION ON OBLIGATIONS)'' under the heading ``FEDERAL-AID
HIGHWAYS'' in an Act making appropriations for the Department
of Transportation for fiscal year 2004.
SEC. 3. TRANSFERS OF UNOBLIGATED APPORTIONMENTS.
(a) In General.--In addition to any other authority of a State to
transfer funds, for fiscal year 2004, a State may transfer any funds
apportioned to the State for any program under section 104(b)
(including amounts apportioned under section 104(b)(3) or set aside,
made available, or suballocated under section 133(d)) or section 144 of
title 23, United States Code, before, on, or after the date of
enactment of this Act, that are subject to any limitation on
obligations, and that are not obligated, to any other of those
programs.
(b) Treatment of Transferred Funds.--Any funds transferred to
another program under subsection (a) shall be subject to the provisions
of the program to which the funds are transferred, except that funds
transferred to a program under section 133 (other than subsections
(d)(1) and (d)(2)) of title 23, United States Code, shall not be
subject to section 133(d) of that title.
(c) Restoration of Apportionments.--
(1) In general.--As soon as practicable after the date of
enactment of a law reauthorizing the Federal-aid highway
program enacted after the date of enactment of this Act, the
Secretary of Transportation shall restore any funds that a
State transferred under subsection (a) for any project not
eligible for the funds but for this section to the program
category from which the funds were transferred.
(2) Program category reconciliation.--The Secretary may
establish procedures under which funds transferred under
subsection (a) from a program category for which funds are not
authorized may be restored to the Federal-aid highway program.
(3) Limitation on statutory construction.--No provision of
law, except a statute enacted after the date of enactment of
this Act that expressly limits the application of this
subsection, shall impair the authority of the Secretary to
restore funds pursuant to this subsection.
(d) Guidance.--The Secretary may issue guidance for use in carrying
out this section.
SEC. 4. ADMINISTRATIVE 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 $225,000,000
for fiscal year 2004 .
(b) Contract Authority.--Funds made available by this section 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 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. 5. OTHER FEDERAL-AID HIGHWAY PROGRAMS.
(a) Authorization of Appropriations Under Title I of TEA21.--
(1) Federal lands highways.--
(A) Indian reservation roads.--Section
1101(a)(8)(A) of the Transportation Equity Act for the
21st Century (112 Stat. 112) is amended--
(i) by inserting before the period at the
end the following: ``and $137,500,000 for the
period of October 1, 2003, through March 31,
2004''; and
(ii) by adding at the end the following:
``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 $6,500,000 instead of
$13,000,000.''.
(B) Public lands highways.--Section 1101(a)(8)(B)
of such Act (112 Stat. 112) is amended by inserting
before the period at the end the following: ``and
$123,000,000 for the period of October 1, 2003, through
March 31, 2004''.
(C) Park roads and parkways.--Section 1101(a)(8)(C)
of such Act (112 Stat. 112) is amended by inserting
before the period at the end the following: ``and
$82,500,000 for the period of October 1, 2003, through
March 31, 2004''.
(D) Refuge roads.--Section 1101(a)(8)(D) of such
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