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S. 2823 (is) To amend the Andean Trade Preference Act to grant certain benefits with respect to textile and apparel, and for other purposes. [Introduced in Senate] ...


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108th CONGRESS
  2d Session
                                S. 2822

   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 SENATE OF THE UNITED STATES

                           September 21, 2004

   Mr. Reid (for himself, Mr. Bond, and Mr. Jeffords) introduced the 
 following bill; which was read twice and referred to the Committee on 
                      Environment and Public Works

_______________________________________________________________________

                                 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 VI''.

SEC. 2. ADVANCES.

    (a) In General.--The Secretary of Transportation (referred to in 
this Act as the ``Secretary'') shall apportion funds made available 
under section 1101(c) of the Transportation Equity Act for the 21st 
Century (117 Stat. 1111; 118 Stat. 876), to each State in the ratio 
that--
            (1) the State's total fiscal year 2004 obligation authority 
        for funds apportioned for the Federal-aid highway program; 
        bears to
            (2) all States' total fiscal year 2004 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--
                    (A) the Interstate maintenance program;
                    (B) the National Highway System program;
                    (C) the bridge program;
                    (D) the surface transportation program;
                    (E) the congestion mitigation and air quality 
                improvement program;
                    (F) the recreational trails program;
                    (G) the Appalachian development highway system 
                program; and
                    (H) 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 2004; bears 
                        to
                            (ii) the total of the amount of funds 
                        apportioned for the items to the State for 
                        fiscal year 2004.
            (3) Administration of funds.--Funds authorized by section 
        1101(l) of the Transportation Equity Act for the 21st Century 
        (as added by 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 in the 
        first sentence by inserting after ``2004,'' the following: 
        ``and in the period of October 1, 2004, through March 31, 
        2005,''.
    (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 2005, under a multiyear 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; 117 
Stat. 1118) is amended by adding at the end the following:
    ``(l) Advance Authorization for Fiscal Year 2005.--
            ``(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 2004, Part VI $18,080,500,000 for the period of October 
        1, 2004, through March 31, 2005.
            ``(2) Special rule.--Funds apportioned under section 2(a) 
        of the Surface Transportation Extension Act of 2004, Part VI 
        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, 2004, through March 31, 2005, 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 2005 that is--
                    (A) equal to the greater of--
                            (i) the State's unobligated balance, as of 
                        October 1, 2004, 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) \5/12\ of the State's total fiscal 
                        year 2004 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 2004 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 2005 shall not exceed $17,450,000,000, except that this 
        limitation shall not apply to $319,500,000 in obligations for 
        minimum guarantee for the period of October 1, 2004, through 
        March 31, 2005.
            (3) Time period for obligations of funds.--No funds shall 
        be obligated for any Federal-aid highway program project after 
        March 31, 2005, until the date of enactment of a multiyear law 
        reauthorizing the Federal-aid highway program that is enacted 
        after the date of enactment of this Act.
            (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 2005 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 2005.

SEC. 3. TRANSFERS OF UNOBLIGATED APPORTIONMENTS.

    (a) In General.--In addition to any other authority of a State to 
transfer funds, for fiscal year 2005, 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 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 multiyear law reauthorizing the Federal-aid 
        highway program enacted after the date of enactment of this 
        Act, the Secretary 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 2005.
    (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; 118 Stat. 877) is 
                amended--
                            (i) by inserting before the period at the 
                        end the following: ``and $137,500,000 for the 
                        period of October 1, 2004, through March 31, 
                        2005''; 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; 118 Stat. 878) is amended 
                by inserting before the period at the end the 
                following: ``and $123,000,000 for the period of October 
                1, 2004, through March 31, 2005''.
                    (C) Park roads and parkways.--Section 1101(a)(8)(C) 
                of such Act (112 Stat. 112; 118 Stat. 878) is amended 
                by inserting before the period at the end the 
                following: ``and $82,500,000 for the period of October 
                1, 2004, through March 31, 2005''.
                    (D) Refuge roads.--Section 1101(a)(8)(D) of such 
                Act (112 Stat. 112; 118 Stat. 878) is amended by 
                inserting before the period at the end the following: 
                ``and $10,000,000 for the period of October 1, 2004, 
                through March 31, 2005''.
            (2) National corridor planning and development and 
        coordinated border infrastructure programs.--Section 1101(a)(9) 
        of such Act (112 Stat. 112; 118 Stat. 878) is amended by 
        inserting before the period at the end the following: ``and 
        $70,000,000 for the period of October 1, 2004, through March 
        31, 2005''.
            (3) Construction of ferry boats and ferry terminal 
        facilities.--
                    (A) In general.--Section 1101(a)(10) of such Act 
                (112 Stat. 112; 118 Stat. 878) is amended by inserting 
                before the period at the end the following: ``and 
                $19,000,000 for the period of October 1, 2004, through 
                March 31, 2005''.
                    (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; 118 Stat. 
                878), of funds made available by the amendment made by 
                subparagraph (A)--
                            (i) $5,000,000 shall be available for 
                        section 1064(d)(2) of such Act;
                            (ii) $2,500,000 shall be available for 
                        section 1064(d)(3) of such Act; and
                            (iii) $2,500,000 shall be available for 
                        section 1064(d)(4) of such Act.
            (4) National scenic byways program.--Section 1101(a)(11) of 
        the Transportation Equity Act for the 21st Century (112 Stat. 
        113; 118 Stat. 878) is amended by striking ``fiscal years 2003 

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