Pub.L. 108-203 To amend the Social Security Act and the Internal Revenue Code of 1986 ...

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[[Page 477]]

              SURFACE TRANSPORTATION EXTENSION ACT OF 2004

[[Page 118 STAT. 478]]

Public Law 108-202
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: Feb. 29, 2004 -  [H.R. 3850]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: Surface Transportation 
Extension Act of 2004.>> assembled,

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

    This Act may be cited as the ``Surface Transportation Extension Act 
of 2004''.

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) is amended by 
inserting ``and the Surface Transportation Extension Act of 2004'' after 
``as amended by this Act''.
    (b) Programmatic Distributions.--
            (1) Administration of funds.--Section 2(b)(3) of such Act 
        (117 Stat. 1110) is amended by striking ``the amendment made 
        under subsection (d)'' and inserting ``section 1101(c) of the 
        Transportation Equity Act for the 21st Century''.
            (2) Special rules for minimum guarantee.--Section 2(b)(4) of 
        such Act is amended by striking ``$1,166,666,667'' and inserting 
        ``$1,633,333,333''.
            (3) Extension of off-system bridge setaside.--Section 
        144(g)(3) of title 23, United States Code, is amended by 
        striking ``February 29'' inserting ``April 30''.

    (c) Authorization of Contract Authority.--Section 1101(c)(1) of the 
Transportation Equity Act for the 21st Century (117 Stat. 1111) is 
amended by striking ``$13,483,458,333 for the period of October 1, 2003, 
through February 29, 2004'' and inserting ``$18,876,841,666 for the 
period of October 1, 2003, through April 30, 2004''.
    (d) Limitation on Obligations.--Section 2(e) <<NOTE: 23 USC 104 
note.>> of the Surface Transportation Extension Act of 2003 (117 Stat. 
1111) is amended to read as follows:

    ``(e) Limitation on Obligations.--
            ``(1) Distribution of obligation authority.--Subject to 
        paragraph (2), for the period of October 1, 2003, through April 
        30, 2004, the Secretary shall distribute the obligation 
        limitation made available for Federal-aid highways 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) in accordance with section 110 of such Act; except that

[[Page 118 STAT. 479]]

        the amount of obligation limitation to be distributed for such 
        period for each program, project, and activity specified in 
        sections 110(a)(1), 110(a)(2), 110(a)(4), 110(a)(5), and 110(g) 
        of such Act shall equal the greater of--
                    ``(A) the funding authorized for such program, 
                project, or activity in this Act and the Surface 
                Transportation Extension Act of 2004 (including any 
                amendments made by this Act and such Act); or
                    ``(B) \7/12\ of the funding provided for or 
                limitation set on such program, project, or activity in 
                the Transportation, Treasury, and Independent Agencies 
                Appropriations Act, 2004 (Public Law 108-199).
            ``(2) Limitation on total amount of authority distributed.--
        The total amount of obligation limitation distributed under 
        paragraph (1) for the period of October 1, 2003, through April 
        30, 2004, shall not exceed $19,741,750,000; except that this 
        limitation shall not apply to $372,750,000 in obligations for 
        minimum guarantee for such period.
            ``(3) Time period for obligations of funds.--After April 30, 
        2004, no funds shall be obligated for any Federal-aid highway 
        program project until the date of enactment of a law 
        reauthorizing the Federal-aid highway program.
            ``(4) Treatment of obligations.--Any obligation of 
        obligation authority distributed 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 `federal-aid 
        highways' in the Transportation, Treasury, and Independent 
        Agencies Appropriations Act, 2004.''.

SEC. 3. TRANSFERS OF UNOBLIGATED APPORTIONMENTS.

    Section 3 of the Surface Transportation Extension Act of 2003 (117 
Stat. 1112-1113) is amended by adding at the end the following:
    ``(e) Prohibition of Transfers.--Notwithstanding any other provision 
of this section, no funds may be transferred after February 29, 2004, by 
a State under subsection (a)--
            ``(1) from amounts apportioned to the State for the 
        congestion mitigation and air quality improvement program; and
            ``(2) from amounts apportioned to the State for the surface 
        transportation program and that are subject to any of paragraphs 
        (1), (2), and (3)(A)(i) of section 133(d) of title 23, United 
        States Code.''.

SEC. 4. ADMINISTRATIVE EXPENSES.

    Section 4(a) of the Surface Transportation Extension Act of 2003 
(117 Stat. 1113) is amended by striking ``$187,500,000'' and inserting 
``$262,500,000''.

SEC. 5. 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) is amended--
                          (i) in the first sentence by striking 
                      ``$114,583,333 for the period of October 1, 2003, 
                      through February

[[Page 118 STAT. 480]]

                      29, 2004'' and inserting ``$160,416,667 for the 
                      period of October 1, 2003, through April 30, 
                      2004''; and
                          (ii) in the second sentence by striking 
                      ``$5,416,667'' and inserting ``$7,583,333''.
                    (B) Public lands highways.--Section 1101(a)(8)(B) of 
                such Act (112 Stat. 112; 117 Stat. 1113) is amended by 
                striking ``$102,500,000 for the period of October 1, 
                2003, through February 29, 2004'' and inserting 
                ``$143,500,000 for the period of October 1, 2003, 
                through April 30, 2004''.
                    (C) Park roads and parkways.--Section 1101(a)(8)(C) 
                of such Act (112 Stat. 112; 117 Stat. 1113) is amended 
                by striking ``$68,750,000 for the period of October 1, 
                2003, through February 29, 2004'' and inserting 
                ``$96,250,000 for the period of October 1, 2003, through 
                April 30, 2004''.
                    (D) Refuge roads.--Section 1101(a)(8)(D) of such Act 
                (112 Stat. 112; 117 Stat. 1113) is amended by striking 
                ``$8,333,333 for the period of October 1, 2003, through 
                February 29, 2004'' and inserting ``$11,666,667 for the 
                period of October 1, 2003, through April 30, 2004''.
            (2) National corridor planning and development and 
        coordinated border infrastructure programs.--Section 1101(a)(9) 
        of such Act (112 Stat. 112; 117 Stat. 1114) is amended by 
        striking ``$58,333,333 for the period of October 1, 2003, 
        through February 29, 2004'' and inserting ``$81,666,667 for the 
        period of October 1, 2003, through April 30, 2004''.
            (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) is amended by striking 
                ``$15,833,333 for the period of October 1, 2003, through 
                February 29, 2004'' and inserting ``$22,166,667 for the 
                period of October 1, 2003, through April 30, 2004''.
                    (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) is 
                amended--
                          (i) in clause (i) by striking ``$4,166,667'' 
                      and inserting ``$5,833,333'';
                          (ii) in clause (ii) by striking ``$2,083,333'' 
                      and inserting ``$2,916,667''; and
                          (iii) in clause (iii) by striking 
                      ``$2,083,333'' and inserting ``$2,916,667''.
            (4) National scenic byways program.--Section 1101(a)(11) of 
        the Transportation Equity Act for the 21st Century (112 Stat. 
        113; 117 Stat. 1114) is amended by striking ``$11,458,333 for 
        the period of October 1, 2003, through February 29, 2004'' and 
        inserting ``$16,041,666 for the period of October 1, 2003, 
        through April 30, 2004'' .
            (5) Value pricing pilot program.--Section 1101(a)(12) of 
        such Act (112 Stat. 113; 117 Stat. 1114) is amended by striking 
        ``$4,583,333 for the period of October 1, 2003, through February 
        29, 2004'' and inserting ``$6,416,667 for the period of October 
        1, 2003, through April 30, 2004''.
            (6) Highway use tax evasion projects.--Section 1101(a)(14) 
        of such Act (112 Stat. 113; 117 Stat. 1114) is amended by 
        striking ``$2,083,333 for the period of October 1, 2003, through 
        February 29, 2004'' and inserting ``$2,916,667 for the period of 
        October 1, 2003, through April 30, 2004''.

[[Page 118 STAT. 481]]

            (7) Commonwealth of puerto rico highway program.--Section 
        1101(a)(15) of such Act (112 Stat. 113; 117 Stat. 1114) is 
        amended by striking ``$45,833,333 for the period of October 1, 
        2003, through February 29, 2004'' and inserting ``$64,166,667 
        for the period of October 1, 2003, through April 30, 2004''.
            (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) 
        is amended by striking ``$208,333 for the period of October 1, 
        2003, through February 29, 2004'' and inserting ``$291,667 for 
        the period of October 1, 2003, through April 30, 2004''.
            (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) is amended by striking 
        ``$10,416,667 for the period of October 1, 2003, through 
        February 29, 2004'' and inserting ``$14,583,333 for the period 
        of October 1, 2003, through April 30, 2004''.
            (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) $81,666,666 for the period of October 1, 2003, 
                through April 30, 2004.'';
                    (B) in subsection (a)(2) by striking ``$833,333 for 
                the period of October 1, 2003, through February 29, 
                2004'' and inserting ``$1,166,667 for the period of 
                October 1, 2003, through April 30, 2004''; and
                    (C) in the item relating to fiscal year 2004 in 
                table contained in subsection (c) by striking 
                ``$1,083,333,333'' and inserting ``$1,516,666,667''.

    (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) is amended by striking ``$43,750,000 for 
        the period of October 1, 2003, through February 29, 2004'' and 
        inserting ``$61,250,000 for the period of October 1, 2003, 
        through April 30, 2004''.
            (2) Technology deployment program.--Section 5001(a)(2) of 
        such Act (112 Stat. 419; 117 Stat. 1115) is amended by striking 
        ``$22,916,667 for the period of October 1, 2003, through 
        February 29, 2004'' and inserting ``$32,083,334 for the period 
        of October 1, 2003, through April 30, 2004''.
            (3) Training and education.--Section 5001(a)(3) of such Act 
        (112 Stat. 420; 117 Stat. 1115) is amended by striking 
        ``$8,750,000 for the period of October 1, 2003, through February 
        29, 2004'' and inserting ``$12,250,000 for the period of October 
        1, 2003, through April 30, 2004''.
            (4) Bureau of transportation statistics.--Section 5001(a)(4) 
        of such Act (112 Stat. 420; 117 Stat. 1115) is amended by 
        striking ``$12,916,667 for the period of October 1, 2003, 
        through February 29, 2004'' and inserting ``$18,083,333 for the 
        period of October 1, 2003, through April 30, 2004''.
            (5) ITS standards, research, operational tests, and 
        development.--Section 5001(a)(5) of such Act (112 Stat. 420; 117 
        Stat. 1115) is amended by striking ``$47,916,667 for the period 
        of October 1, 2003, through February 29, 2004'' and

[[Page 118 STAT. 482]]

        inserting ``$67,083,334 for the period of October 1, 2003, 
        through April 30, 2004''.
            (6) ITS deployment.--Section 5001(a)(6) of such Act (112 
        Stat. 420; 117 Stat. 1116) is amended by striking ``$51,666,667 
        for the period of October 1, 2003, through February 29, 2004'' 
        and inserting ``$72,333,334 for the period of October 1, 2003, 
        through April 30, 2004''.
            (7) University transportation research.--Section 5001(a)(7) 
        of such Act (112 Stat. 420; 117 Stat. 1116) is amended by 
        striking ``$11,250,000 for the period of October 1, 2003, 
        through February 29, 2004'' and inserting ``$15,750,000 for the 
        period of October 1, 2003, through April 30, 2004''.

    (c) Metropolitan Planning.--Section 5(c)(1) of the Surface 
Transportation Extension Act of 2003 (117 Stat. 1116) is amended by 
striking ``$100,000,000 for the period of October 1, 2003, through 
February 29, 2004'' and inserting ``$140,000,000 for the period of 
October 1, 2003, through April 30, 2004''.
    (d) Territories.--Section 1101(d)(1) of the Transportation Equity 
Act for the 21st Century (117 Stat. 1116) is amended by striking 
``$15,166,667 for the period of October 1, 2003, through February 29, 
2004'' and inserting ``$21,233,333 for the period of October 1, 2003, 
through April 30, 2004''.
    (e) Alaska Highway.--Section 1101(e)(1) of such Act (117 Stat. 1116) 
is amended by striking ``$7,833,333 for the period of October 1, 2003, 
through February 29, 2004'' and inserting ``$10,966,666 for the period 
of October 1, 2003, through April 30, 2004''.
    (f) Operation Lifesaver.--Section 1101(f)(1) of such Act (117 Stat. 
1117) is amended by striking ``$208,333 for the period of October 1, 
2003, through February 29, 2004'' and inserting ``$291,667 for the 
period of October 1, 2003, through April 30, 2004''.
    (g) Bridge Discretionary.--Section 1101(g)(1) of such Act (117 Stat. 
1117) is amended--
            (1) by striking ``$41,666,667'' and inserting 
        ``$58,333,333''; and
            (2) by striking ``February 29'' and inserting ``April 30''.

    (h) Interstate Maintenance.--Section 1101(h)(1) of such Act (117 
Stat. 1117) is amended--
            (1) by striking ``$41,666,667'' and inserting 
        ``$58,333,333''; and
            (2) by striking ``February 29'' and inserting ``April 30''.

    (i) Recreational Trails Administrative Costs.--Section 1101(i)(1) of 
such Act (117 Stat. 1117) is amended by striking ``$312,500 for the 
period of October 1, 2003, through February 29, 2004'' and inserting 

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