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108th CONGRESS
2d Session
H. R. 4864
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
July 20, 2004
Mr. Young of Alaska (for himself, Mr. Oberstar, Mr. Petri, and Mr.
Lipinski) introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure, and in addition to the
Committees on Ways and Means, Resources, 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 2004, Part IV''.
SEC. 2. ADVANCES.
(a) In General.--Section 2(a) of the Surface Transportation
Extension Act of 2003 (23 U.S.C. 104 note; 117 Stat. 1110; 118 Stat.
478; 118 Stat. 627; 118 Stat. 698) is amended by striking ``and the
Surface Transportation Extension Act of 2004, Part III'' and inserting
``the Surface Transportation Extension Act of 2004, Part III, and the
Surface Transportation Extension Act of 2004, Part IV''.
(b) Programmatic Distributions.--
(1) Special rules for minimum guarantee.--Section 2(b)(4)
of such Act is amended to read as follows:
``(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 subsection (a) for
the minimum guarantee, as supplemented by the funds apportioned
under subsection (f), 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.''.
(2) Extension of off-system bridge setaside.--Section
144(g)(3) of title 23, United States Code, is amended by
striking ``2003 and in the period of October 1, 2003, through
July 31, 2004,'' and inserting ``2004''.
(c) Authorization of Contract Authority.--Section 1101(c)(1) of the
Transportation Equity Act for the 21st Century (117 Stat. 1111; 118
Stat. 478; 118 Stat. 627; 118 Stat. 698) is amended by striking
``$26,998,288,667 for the period of October 1, 2003, through July 31,
2004'' and inserting ``$30,327,130,000 for fiscal year 2004''.
(d) Limitation on Obligations.--Section 2(e) of the Surface
Transportation Extension Act of 2003 (117 Stat. 1111; 118 Stat. 478;
118 Stat. 627; 118 Stat. 698) is amended to read as follows:
``(e) Limitation on Obligations.--
``(1) Distribution of obligation authority.--For fiscal
year 2004, the Secretary shall distribute the obligation
limitation made available for Federal-aid highway and highway
safety construction programs under the heading `Federal-Aid
Highways' in the Transportation, Treasury, and Independent
Agencies Appropriations Act, 2004 (division F of Public Law
108-199; 118 Stat. 290) in accordance with section 110 of such
Act (23 U.S.C. 104 note); except that, before distributing the
obligation limitation under section 110(a)(6) of such Act, the
Secretary shall not distribute the obligation authority for the
high priority projects program under section 4(o) of this Act
for fiscal year 2004 in an amount determined by multiplying the
ratio determined under section 110(a)(3) of such Act by the
amount authorized to be appropriated for fiscal year 2004 for
such program and shall distribute such obligation authority
following the date of enactment of a multiyear law
reauthorizing the Federal-aid highway program. Such obligation
authority shall remain available until used and shall be in
addition to the amount of any limitation imposed on obligations
for Federal-aid highway and highway safety construction
programs for future fiscal years.
``(2) Treatment of obligations.--Any obligation of
obligation authority distributed under this subsection shall be
considered to be an obligation for Federal-aid highway and
highway safety construction programs for fiscal year 2004 for
the purposes of the matter under the heading `Federal-Aid
Highways' in the Transportation, Treasury, and Independent
Agencies Appropriations Act, 2004.''.
(e) Adjustment for Donor States.--Section 2 of such Act (117 Stat.
1110) is amended by adding at the end the following:
``(f) Adjustment for Donor States.--
``(1) In general.--After apportioning funds authorized
under section 1101(c) of the Transportation Equity Act for the
21st Century (117 Stat. 1111) and section 5(c)(1) of this Act,
the Secretary shall apportion among the States amounts
sufficient to ensure that each State's share of apportionments
under such sections and under this subsection is not less than
90.5 percent of its estimated share of payments attributable to
highway users in such State paid into the Highway Trust Fund
(other than the Mass Transit Account) in the latest fiscal year
for which data are available.
``(2) Authorization.--There are authorized to be
appropriated out of the Highway Trust Fund (other than the Mass
Transit Account) such sums as may be necessary to carry out
this subsection for fiscal year 2004.
``(3) Administration of funds.--Funds apportioned to a
State under this subsection shall be available for obligation
in the same manner as if such funds were apportioned to the
State under chapter 1 of title 23, United States Code, shall be
combined with funds apportioned to the State for the minimum
guarantee program under subsection (a), and shall be
administered in the same manner as funds apportioned under
section 105 of such title.''.
(f) Conforming Amendments.--Section 2(c) of such Act (117 Stat.
1111) is amended in each of paragraphs (1) and (2) by striking
``subsection (a)'' and inserting ``subsections (a) and (f)''.
SEC. 3. REPAYMENT FROM FUTURE APPORTIONMENTS.
Section 2(c) of the Surface Transportation Extension Act of 2003
(117 Stat. 1111) is amended--
(1) in paragraph (1) by striking ``a law reauthorizing the
Federal-aid highway program enacted after the date of enactment
of this Act'' and inserting ``the Surface Transportation
Extension Act of 2004, Part IV''; and
(2) in paragraph (2) by striking ``a law described in
paragraph (1)'' and inserting ``the Surface Transportation
Extension Act of 2004, Part IV''.
SEC. 4. OTHER FEDERAL-AID HIGHWAY PROGRAMS.
(a) Authorization of Appropriations Under Title I of TEA-21.--
(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; 117 Stat. 1113; 118 Stat.
479; 118 Stat. 628; 118 Stat. 699) is amended--
(i) in the first sentence by striking
``2003 and $229,166,667 for the period of
October 1, 2003, through July 31,''; and
(ii) by striking the second sentence.
(B) Public lands highways.--Section 1101(a)(8)(B)
of such Act (112 Stat. 112; 117 Stat. 1113; 118 Stat.
480; 118 Stat. 628; 118 Stat. 699) is amended by
striking ``2003 and $205,000,000 for the period of
October 1, 2003, through July 31,''.
(C) Park roads and parkways.--Section 1101(a)(8)(C)
of such Act (112 Stat. 112; 117 Stat. 1113; 118 Stat.
480; 118 Stat. 628; 118 Stat. 699) is amended by
striking ``2003 and $137,500,000 for the period of
October 1, 2003, through July 31,''.
(D) Refuge roads.--Section 1101(a)(8)(D) of such
Act (112 Stat. 112; 117 Stat. 1113; 118 Stat. 480; 118
Stat. 628; 118 Stat. 699) is amended by striking ``2003
and $16,666,667 for the period of October 1, 2003,
through July 31,''.
(2) National corridor planning and development and
coordinated border infrastructure programs.--Section 1101(a)(9)
of such Act (112 Stat. 112; 117 Stat. 1114; 118 Stat. 480; 118
Stat. 628; 118 Stat. 699) is amended by striking ``$2003 and
$116,666,667 for the period of October 1, 2003, through July
31,''.
(3) Construction of ferry boats and ferry terminal
facilities.--
(A) In general.--Section 1101(a)(10) of such Act
(112 Stat. 113; 117 Stat. 1114; 118 Stat. 480; 118
Stat. 628; 118 Stat. 699) is amended by striking ``2003
and $31,666,667 for the period of October 1, 2003,
through July 31,''.
(B) Set aside for alaska, new jersey, and
washington.--Section 5(a)(3)(B) of the Surface
Transportation Extension Act of 2003 (117 Stat. 1114;
118 Stat. 480; 118 Stat. 628; 118 Stat. 700) is
amended--
(i) in clause (i) by striking
``$8,333,333'' and inserting ``$10,000,000'';
(ii) in clause (ii) by striking
``$4,166,667'' and inserting ``$5,000,000'';
and
(iii) in clause (iii) by striking
``$4,166,667'' and inserting ``$5,000,000''.
(4) National scenic byways program.--Section 1101(a)(11) of
the Transportation Equity Act for the 21st Century (112 Stat.
113; 117 Stat. 1114; 118 Stat. 480; 118 Stat. 629; 118 Stat.
700) is amended by striking ``fiscal year 2003, and $22,916,667
for the period of October 1, 2003, through July 31, 2004'' and
inserting ``fiscal years 2003 and 2004''.
(5) Value pricing pilot program.--Section 1101(a)(12) of
such Act (112 Stat. 113; 117 Stat. 1114; 118 Stat. 480; 118
Stat. 629; 118 Stat. 700) is amended by striking ``2003 and
$9,166,667 for the period of October 1, 2003, through July
31,''.
(6) Highway use tax evasion projects.--Section 1101(a)(14)
of such Act (112 Stat. 113; 117 Stat. 1114; 118 Stat. 480; 118
Stat. 629; 118 Stat. 700) is amended by striking ``2003 and
$4,166,667 for the period of October 1, 2003, through July
31,''.
(7) Commonwealth of puerto rico highway program.--Section
1101(a)(15) of such Act (112 Stat. 113; 117 Stat. 1114; 118
Stat. 481; 118 Stat. 629; 118 Stat. 700) is amended by striking
``2003 and $91,666,667 for the period of October 1, 2003,
through July 31,''.
(8) Safety grants.--Section 1212(i)(1)(D) of such Act (23
U.S.C. 402 note; 112 Stat. 196; 112 Stat. 840; 117 Stat. 1114;
118 Stat. 481; 118 Stat. 629; 118 Stat. 700) is amended by
striking ``2003 and $416,667 for the period of October 1, 2003,
through July 31,''.
(9) Transportation and community and system preservation
pilot program.--Section 1221(e)(1) of such Act (23 U.S.C. 101
note; 112 Stat. 223; 117 Stat. 1114; 118 Stat. 481; 118 Stat.
629; 118 Stat. 700) is amended by striking ``2003 and
$20,833,333 for the period of October 1, 2003, through July
31,''.
(10) Transportation infrastructure finance and
innovation.--Section 188 of title 23, United States Code, is
amended--
(A) by striking subsection (a)(1)(F) and inserting
the following:
``(F) $130,000,000 for fiscal year 2004.'';
(B) in subsection (a)(2) by striking ``2003 and
$1,666,667 for the period of October 1, 2003, through
July 31,''; and
(C) in the item relating to fiscal year 2004 in the
table contained in subsection (c) by striking
``$2,166,666,667'' and inserting ``$2,600,000,000''.
(b) Authorization of Appropriations Under Title V of TEA-21.--
(1) Surface transportation research.--Section 5001(a)(1) of
the Transportation Equity Act for the 21st Century (112 Stat.
419; 117 Stat. 1115; 118 Stat. 481; 118 Stat. 630; 118 Stat.
701) is amended by striking ``$87,500,000 for the period of
October 1, 2003, through July 31, 2004'' and inserting
``$103,000,000 for fiscal year 2004''.
(2) Technology deployment program.--Section 5001(a)(2) of
such Act (112 Stat. 419; 117 Stat. 1115; 118 Stat. 481; 118
Stat. 630; 118 Stat. 701) is amended by striking ``$45,833,333
for the period of October 1, 2003, through July 31, 2004'' and
inserting ``$50,000,000 for fiscal year 2004''.
(3) Training and education.--Section 5001(a)(3) of such Act
(112 Stat. 420; 117 Stat. 1115; 118 Stat. 481; 118 Stat. 630;
118 Stat. 701) is amended by striking ``$17,500,000 for the
period of October 1, 2003, through July 31, 2004'' and
inserting ``$20,000,000 for fiscal year 2004''.
(4) Bureau of transportation statistics.--Section
5001(a)(4) of such Act (112 Stat. 420; 117 Stat. 1115; 118
Stat. 481; 118 Stat. 630; 118 Stat. 701) is amended by striking
``2003 and $25,833,333 for the period of October 1, 2003,
through July 31,''.
(5) ITS standards, research, operational tests, and
development.--Section 5001(a)(5) of such Act (112 Stat. 420;
117 Stat. 1115; 118 Stat. 481; 118 Stat. 630; 118 Stat. 701) is
amended by striking ``$95,833,333 for the period of October 1,
2003, through July 31, 2004'' and inserting ``$110,000,000 for
fiscal year 2004''.
(6) ITS deployment.--Section 5001(a)(6) of such Act (112
Stat. 420; 117 Stat. 1116; 118 Stat. 482; 118 Stat. 630; 118
Stat. 701) is amended by striking ``$103,333,333 for the period
of October 1, 2003, through July 31, 2004'' and inserting
``$122,000,000 for fiscal year 2004''.
(7) University transportation research.--Section 5001(a)(7)
of such Act (112 Stat. 420; 117 Stat. 1116; 118 Stat. 482; 118
Stat. 630; 118 Stat. 701) is amended by striking ``$22,500,000
for the period of October 1, 2003, through July 31, 2004'' and
inserting ``$26,500,000 for fiscal year 2004''.
(c) Metropolitan Planning.--Section 5(c)(1) of the Surface
Transportation Extension Act of 2003 (117 Stat. 1116; 118 Stat. 482;
118 Stat. 630; 118 Stat. 701) is amended by striking ``$200,000,000 for
the period of October 1, 2003, through July 31, 2004'' and inserting
``$240,000,000 for fiscal year 2004''.
(d) Territories.--Section 1101(d)(1) of the Transportation Equity
Act for the 21st Century (117 Stat. 1116; 118 Stat. 482; 118 Stat. 630;
118 Stat. 702) is amended by striking ``$30,333,333 for the period of
October 1, 2003, through July 31, 2004'' and inserting ``$36,400,000
for fiscal year 2004''.
(e) Alaska Highway.--Section 1101(e)(1) of such Act (117 Stat.
1116; 118 Stat. 482; 118 Stat. 630; 118 Stat. 702) is amended by
striking ``$15,666,667 for the period of October 1, 2003, through July
31, 2004'' and inserting ``$18,800,000 for fiscal year 2004''.
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