Pub.L. 108-281 To amend the E-Government Act of 2002 with respect to rulemaking authority of the Judicial Conference. <> ...

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[[Page 875]]

          SURFACE TRANSPORTATION EXTENSION ACT OF 2004, PART IV

[[Page 118 STAT. 876]]

Public Law 108-280
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: July 30, 2004 -  [H.R. 4916]>> 

    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, Part IV. 23 USC 101 note.>> 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 by striking ``$2,333,333,333'' and inserting 
        ``$2,800,000,000''.
            (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 ``$30,469,806,615 for the period of October 1, 
2003, through September 24, 2004''.
    (d) <<NOTE: 23 USC 104 note.>> Limitation on Obligations.--Section 
2(e) of the Surface Transportation Extension Act of 2003 (117 Stat. 
1111; 118 Stat. 478; 118 Stat. 627) is amended--
            (1) in the matter preceding subparagraph (A) of paragraph 
        (1) by striking ``July 31'' and inserting ``September 24'';
            (2) in paragraph (1)(A)--
                    (A) by striking ``Part II, and'' and inserting 
                ``Part II,''; and
                    (B) by inserting after ``Part III'' the following: 
                ``, and the Surface Transportation Extension Act of 
                2004, Part IV'';

[[Page 118 STAT. 877]]

            (3) in paragraph (1)(B) by striking ``\10/12\'' and 
        inserting ``\49/52\'';
            (4) in paragraph (2)--
                    (A) by striking ``July 31'' and inserting 
                ``September 24'';
                    (B) by striking ``$28,202,500,000'' and inserting 
                ``$31,890,519,230''; and
                    (C) by striking ``$532,500,000'' and inserting 
                ``$602,134,615'';
            (5) in paragraph (3) by striking ``July 31'' and inserting 
        ``September 24''; and
            (6) by adding at the end the following:
            ``(5) Calculation of ratio.--For purposes of the calculation 
        of the ratio under section 110(a)(3) of the Transportation, 
        Treasury, and Independent Agencies Appropriations Act, 2004 
        (division F of Public Law 108-199; 118 Stat. 291; 23 U.S.C. 104 
        note)--
                    ``(A) the obligation limitation for Federal-aid 
                Highways referred to in section 110(a)(3)(A) of such Act 
                shall be deemed to be the obligation limitation for 
                Federal-aid highways and highway safety construction 
                programs for fiscal year 2004 identified under the 
                heading `Federal-Aid Highways' in such Act (118 Stat. 
                290); and
                    ``(B) the total of sums authorized to be 
                appropriated for Federal-aid highways and highway safety 
                construction programs (other than sums authorized to be 
                appropriated for sections set forth in paragraphs (1) 
                through (7) of section 110(b) of such Act and sums 
                authorized to be appropriated for section 105 of title 
                23, United States Code, equal to the amount referred to 
                in subsection 110(b)(8) of such Act) for such fiscal 
                year, referred to in section 110(a)(3)(B) of such Act, 
                shall be deemed to be $34,606,000,000, less the 
                aggregate of the amounts not distributed under section 
                110(a)(1) of such Act.''.

SEC. 3. REPAYMENT FROM FUTURE APPORTIONMENTS.

    Section 2(c) of the Surface Transportation Extension Act of 2003 
(117 Stat. 1111) <<NOTE: 23 USC 104 note.>> 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.

[[Page 118 STAT. 878]]

                    (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;

[[Page 118 STAT. 879]]

        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

[[Page 118 STAT. 880]]

        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''.
    (f) Operation Lifesaver.--Section 1101(f)(1) of such Act (117 Stat. 
1117; 118 Stat. 482; 118 Stat. 631; 118 Stat. 702) is amended by 
striking ``$416,667 for the period of October 1, 2003, through July 31, 
2004'' and inserting ``$500,000 for fiscal year 2004''.
    (g) Bridge Discretionary.--Section 1101(g)(1) of such Act (117 Stat. 
1117; 118 Stat. 482; 118 Stat. 631; 108 Stat. 702) is amended--
            (1) by striking ``$83,333,333'' and inserting 
        ``$100,000,000''; and
            (2) by striking ``the period of October 1, 2003 through July 
        31,'' and inserting ``fiscal year''.

    (h) Interstate Maintenance.--Section 1101(h)(1) of such Act (117 
Stat. 1117; 118 Stat. 482; 118 Stat. 631; 118 Stat. 702) is amended--
            (1) by striking ``$83,333,333'' and inserting 
        ``$100,000,000''; and
            (2) by striking ``the period of October 1, 2003, through 
        July 31,'' and inserting ``fiscal year''.

    (i) Recreational Trails Administrative Costs.--Section 1101(i)(1) of 
such Act (117 Stat. 1117; 118 Stat. 482; 118 Stat. 631; 118 Stat. 702) 
is amended by striking ``$625,000 for the period of October 1, 2003, 
through July 31, 2004'' and inserting ``$750,000 for fiscal year 2004''.
    (j) Railway-Highway Crossing Hazard Elimination in High Speed Rail 
Corridors.--Section 1101(j)(1) of such Act (117 Stat. 1118; 118 Stat. 
482; 118 Stat. 631; 118 Stat. 702) is amended--
            (1) by striking ``$4,375,000'' and inserting ``$5,250,000'';
            (2) by striking ``$208,833 instead of'';
            (3) by striking ``the period of October 1, 2003, through 

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