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Pub.L. 108-089 To extend the Temporary Assistance for Needy Families block grant program, and certain tax and trade programs, and for other <> purposes. ...


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[[Page 1109]]

              SURFACE TRANSPORTATION EXTENSION ACT OF 2003

[[Page 117 STAT. 1110]]

Public Law 108-88
108th Congress

                                 An Act


 
   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. <<NOTE: Sept. 30, 2003 -  [H.R. 3087]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: Surface Transportation 
Extension Act of 2003.>> assembled,

SECTION 1. <<NOTE: 23 USC 101 note.>> SHORT TITLE.

    This Act may be cited as the ``Surface Transportation Extension Act 
of 2003''.

SEC. 2. <<NOTE: 23 USC 104 note.>> 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

[[Page 117 STAT. 1111]]

        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 $1,166,666,667 
        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 February 29, 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 
        $13,483,458,333 for the period of October 1, 2003, through 
        February 29, 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 February 29, 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

[[Page 117 STAT. 1112]]

                      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) \5/12\ 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 $14,101,250,000; except that this 
        limitation shall not apply to $266,250,000 in obligations for 
        minimum guarantee for the period of October 1, 2003, through 
        February 29, 2004.
            (3) Time period for obligations of funds.--A State shall not 
        obligate any funds for any Federal-aid highway program project 
        after February 29, 2004, until the date of enactment of a 
        multiyear law reauthorizing the Federal-aid highway program.
            (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

[[Page 117 STAT. 1113]]

        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 $187,500,000 
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 $114,583,333 for the period 
                      of October 1, 2003, through February 29, 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 
                      $5,416,667 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 $102,500,000 
                for the period of October 1, 2003, through February 29, 
                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 
                $68,750,000 for the period of October 1, 2003, through 
                February 29, 2004''.
                    (D) Refuge roads.--Section 1101(a)(8)(D) of such Act 
                (112 Stat. 112) is amended by inserting before the 
                period at the end the following: ``and $8,333,333 for 
                the period of October 1, 2003, through February 29, 
                2004''.

[[Page 117 STAT. 1114]]

            (2) National corridor planning and development and 
        coordinated border infrastructure programs.--Section 1101(a)(9) 
        of such Act (112 Stat. 112) is amended by inserting before the 
        period at the end the following: ``and $58,333,333 for the 
        period of October 1, 2003, through February 29, 2004''.
            (3) Construction of ferry boats and ferry terminal 
        facilities.--
                    (A) In general.--Section 1101(a)(10) of such Act 
                (112 Stat. 113) is amended by inserting before the 
                period at the end the following: ``and $15,833,333 for 
                the period of October 1, 2003, through February 29, 
                2004''.
                    (B) Set aside for alaska, new jersey, and 
                washington.--To carry out section 1064 of the Intermodal 
                Surface Transportation Efficiency Act of 1991 (23 U.S.C. 
                129 note; 105 Stat. 2005; 112 Stat. 185), of funds made 
                available by the amendment made by subparagraph (A)--
                          (i) $4,166,667 shall be available for section 
                      1064(d)(2);
                          (ii) $2,083,333 shall be available for section 
                      1064(d)(3); and
                          (iii) $2,083,333 shall be available for 
                      section 1064(d)(4).
            (4) National scenic byways program.--Section 1101(a)(11) of 
        the Transportation Equity Act for the 21st Century (112 Stat. 
        113) is amended--
                    (A) by striking ``and'' the last place it appears; 
                and
                    (B) by inserting before the period at the end the 
                following: ``, and $11,458,333 for the period of October 
                1, 2003, through February 29, 2004''.
            (5) Value pricing pilot program.--Section 1101(a)(12) of 
        such Act (112 Stat. 113) is amended--
                    (A) by striking ``and''; and
                    (B) by inserting before the period at the end the 
                following: ``, and $4,583,333 for the period of October 
                1, 2003, through February 29, 2004''.
            (6) Highway use tax evasion projects.--Section 1101(a)(14) 
        of such Act (112 Stat. 113) is amended by inserting before the 
        period at the end the following: ``and $2,083,333 for the period 
        of October 1, 2003, through February 29, 2004''.
            (7) Commonwealth of puerto rico highway program.--

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