PUBLIC LAW 108–280—JULY 30, 2004

SURFACE TRANSPORTATION EXTENSION ACT

OF 2004, PART IV

118 STAT. 876 PUBLIC LAW 108–280—JULY 30, 2004

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.

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 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) 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’’;

23 USC 104 note.

Surface

Transportation

Extension Act of

2004, Part IV.

23 USC 101 note.

July 30, 2004

[H.R. 4916]

PUBLIC LAW 108–280—JULY 30, 2004 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 HIGH- WAYS’ 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) 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.

23 USC 104 note.

118 STAT. 878 PUBLIC LAW 108–280—JULY 30, 2004

(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;

PUBLIC LAW 108–280—JULY 30, 2004 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

118 STAT. 880 PUBLIC LAW 108–280—JULY 30, 2004

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

July 31, 2004’’ each place it appears and inserting ‘‘fiscal year

2004’’; and

(4) by striking the comma preceding ‘‘for eligible’’.

(k) NONDISCRIMINATION.—Section 1101(k) of such Act (117 Stat.

1118; 118 Stat. 482; 118 Stat. 631; 118 Stat. 702) is amended—

PUBLIC LAW 108–280—JULY 30, 2004 118 STAT. 881

(1) in paragraph (1) by striking ‘‘$8,333,333 for the period

of October 1, 2003, through July 31, 2004’’ and inserting

‘‘$10,000,000 for fiscal year 2004’’; and (2) in paragraph (2) by striking ‘‘$8,333,333 for the period

of October 1, 2003, through July 31, 2004’’ and inserting

‘‘$10,000,000 for fiscal year 2004’’.

(l) ADMINISTRATION OF FUNDS.—Section 5(l) of the Surface

Transportation Extension Act of 2003 (117 Stat. 1118; 118 Stat.

483; 118 Stat. 631; 118 Stat. 702) is amended—

(1) by striking ‘‘and section 4 of the Surface Transportation

Extension Act of 2004, Part III’’ and inserting ‘‘section 4 of

the Surface Transportation Extension Act of 2004, Part III,

and section 4 of the Surface Transportation Extension Act

of 2004, Part IV’’;

(2) by striking ‘‘the amendment made by section 4(a)(1)

of the Surface Transportation Extension Act, Part II’’ and all

that follows before the period at the end and inserting ‘‘the

amendment made by section 4(a)(1) of the Surface Transportation Extension Act of 2004, Part II, the amendment made

by section 4(a)(1) of the Surface Transportation Extension Act

of 2004, Part III, or the amendment made by section 4(a)(1)

of the Surface Transportation Extension Act of 2004, Part IV’’.

(m) REDUCTION OF ALLOCATED PROGRAMS.—Section 5(m) of

such Act (117 Stat. 1119; 118 Stat. 483; 118 Stat. 632; 118 Stat.

703) is amended—

(1) by striking ‘‘and section 4 of the Surface Transportation

Extension Act of 2004, Part III’’ and inserting ‘‘section 4 of

the Surface Transportation Extension Act of 2004, Part III,

and section 4 of the Surface Transportation Extension Act

of 2004, Part IV’’;

(2) by striking ‘‘and by section 4 of the Surface Transportation Extension Act of 2004, Part III’’ each place it appears

and inserting ‘‘by section 4 of the Surface Transportation Extension Act of 2004, Part III, and by section 4 of the Surface

Transportation Extension Act of 2004, Part IV’’.

(n) PROGRAM CATEGORY RECONCILIATION.—Section 5(n) of such

Act (117 Stat. 1119; 118 Stat. 483; 118 Stat. 632; 118 Stat. 703)

is amended by striking ‘‘and section 4 of the Surface Transportation

Extension Act of 2004, Part III’’ and inserting ‘‘section 4 of the

Surface Transportation Extension Act of 2004, Part III, and section

4 of the Surface Transportation Extension Act of 2004, Part IV’’.

SEC. 5. EXTENSION OF HIGHWAY SAFETY PROGRAMS.

(a) SEAT BELT SAFETY INCENTIVE GRANTS.—Section 157(g)(1)

of title 23, United States Code, is amended by striking ‘‘$93,333,333

for the period of October 1, 2003, through July 31, 2004’’ and

inserting ‘‘$112,000,000 for fiscal year 2004’’.

(b) PREVENTION OF INTOXICATED DRIVER INCENTIVE GRANTS.—

Section 163(e)(1) of such title is amended by striking ‘‘$100,000,000

for the period of October 1, 2003, through July 31, 2004’’ and

inserting ‘‘$110,000,000 for fiscal year 2004’’.

SEC. 6. SPORT FISHING AND BOATING SAFETY.

(a) FUNDING FOR NATIONAL OUTREACH AND COMMUNICATIONS

PROGRAM.—Section 4(c)(6) of the Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777c(c)(6)) is amended to read as follows:

‘‘(6) $10,000,000 for fiscal year 2004;’’.

118 STAT. 882 PUBLIC LAW 108–280—JULY 30, 2004

(b) CLEAN VESSEL ACT FUNDING.—Section 4(b)(4) of such Act

(16 U.S.C. 777c(b)(4)) is amended—

(1) in the paragraph heading by striking ‘‘FIRST 9 MONTHS

OF’’;

(2) in the matter preceding subparagraph (A)—

(A) by striking ‘‘the period of October 1, 2003, through

July 31, 2004’’ and inserting ‘‘fiscal year 2004’’; and

(B) by striking ‘‘$68,333,332’’ and inserting

‘‘$82,000,000’’;

(3) in subparagraph (A) by striking ‘‘$8,333,332’’ and

inserting ‘‘$10,000,000’’; and

(4) in subparagraph (B) by striking ‘‘$6,666,668’’ and

inserting ‘‘$8,000,000’’.

(c) BOAT SAFETY FUNDS.—Section 13106(c) of title 46, United

States Code, is amended—

(1) by striking ‘‘$4,166,668’’ and inserting ‘‘$5,000,000’’; and

(2) by striking ‘‘$1,666,668’’ and inserting ‘‘$2,000,000’’.

SEC. 7. EXTENSION OF FEDERAL TRANSIT PROGRAMS.

(a) ALLOCATING AMOUNTS.—Section 5309(m) of title 49, United

States Code, is amended—

(1) in paragraph (1)—

(A) in the matter preceding subparagraph (A) by

striking ‘‘2003 and for the period of October 1, 2003,

through July 31,’’;

(B) in subparagraph (A) by striking ‘‘, except’’ and

all that follows before the semicolon and inserting ‘‘, except

for fiscal year 2004 during which $1,206,506,000 will be

available’’;

(C) in subparagraph (B) by striking ‘‘, except’’ and

all that follows before the semicolon and inserting ‘‘, except

for fiscal year 2004 during which $1,323,794,000 will be

available’’; and

(D) in subparagraph (C) by striking ‘‘, except’’ and

all that follows before the period and inserting ‘‘, except

for fiscal year 2004 during which $607,200,000 will be

available’’;

(2) in paragraph (2)(B)—

(A) in clause (i) by striking ‘‘2003’’ and inserting ‘‘2004’’;

and

(B) by striking clause (iii);

(3) in paragraph (3)(B) by striking ‘‘2003 (and $2,485,250

shall be available for the period October 1, 2003, through July

31, 2004)’’ and inserting ‘‘2004’’; and

(4) in paragraph (3)(C)—

(A) by striking ‘‘1999 through 2003’’ and inserting

‘‘1999 through 2004’’;

(B) by striking ‘‘$41,420,833’’ and inserting

‘‘$50,000,000’’; and

(C) by striking ‘‘the period October 1, 2003, through

July 31, 2004’’ and inserting ‘‘fiscal year 2004’’.

(b) APPORTIONMENT OF APPROPRIATIONS FOR FIXED GUIDEWAY

MODERNIZATION.—Section 8(b)(1) of the Surface Transportation

Extension Act of 2003 (49 U.S.C. 5337 note) is repealed.

(c) FORMULA GRANTS AUTHORIZATIONS.—Section 5338(a)(2) of

title 49, United States Code, is amended—

PUBLIC LAW 108–280—JULY 30, 2004 118 STAT. 883

(1) in the paragraph heading by striking ‘‘2003 AND FOR

THE PERIOD OF OCTOBER 1, 2003, THROUGH JULY 31,’’;

(2) by striking subparagraph (A)(vi) and inserting the following:

‘‘(vi) $3,071,200,000 for fiscal year 2004.’’;

(3) by striking subparagraph (B)(vi) and inserting the following:

‘‘(vi) $767,800,000 for fiscal year 2004.’’; and

(4) in subparagraph (C) by striking ‘‘a fiscal year (other

than for the period of October 1, 2003, through July 31, 2004)’’

and inserting ‘‘each of fiscal years 1999 through 2003’’.

(d) FORMULA GRANT FUNDS.—Section 8(d) of the Surface

Transportation Extension Act of 2003 (118 Stat. 633; 118 Stat.

705) is amended to read as follows:

‘‘(d) ALLOCATION OF FORMULA GRANT FUNDS FOR FISCAL YEAR

2004.—Of the aggregate of amounts made available by or appropriated under section 5338(a)(2) of title 49, United States Code,

for fiscal year 2004—

‘‘(1) $4,849,950 shall be available to the Alaska Railroad

for improvements to its passenger operations under section

5307 of such title;

‘‘(2) $50,000,000 shall be available for bus and bus facilities

grants under section 5309 of such title;

‘‘(3) $90,652,801 shall be available to provide transportation

services to elderly individuals and individuals with disabilities

under section 5310 of such title;

‘‘(4) $240,607,643 shall be available to provide financial

assistance for other than urbanized areas under section 5311

of such title;

‘‘(5) $6,950,000 shall be available to provide financial assistance in accordance with section 3038(g) of the Transportation

Equity Act for the 21st Century; and

‘‘(6) $3,445,939,606 shall be available to provide financial

assistance for urbanized areas under section 5307 of such title.’’.

(e) CAPITAL PROGRAM AUTHORIZATIONS.—Section 5338(b)(2) of

title 49, United States Code, is amended—

(1) in the paragraph heading by striking ‘‘2003 AND FOR

THE PERIOD OF OCTOBER 1, 2003, THROUGH JULY 31,’’;

(2) by striking subparagraph (A)(vi) and inserting the following:

‘‘(vi) $2,510,000,000 for fiscal year 2004.’’; and

(3) by striking subparagraph (B)(vi) and inserting the following:

‘‘(vi) $627,500,000 for fiscal year 2004.’’.

(f) PLANNING AUTHORIZATIONS AND ALLOCATIONS.—Section

5338(c)(2) of such title is amended—

(1) in the paragraph heading by striking ‘‘2003 AND FOR

THE PERIOD OF OCTOBER 1, 2003, THROUGH JULY 31,’’;

(2) by striking subparagraph (A)(vi) and inserting the following:

‘‘(vi) $58,600,000 for fiscal year 2004.’’;

(3) by striking subparagraph (B)(vi) and inserting the following:

‘‘(vi) $14,400,000 for fiscal year 2004.’’; and

(4) in subparagraph (C) by striking ‘‘or any portion of

a fiscal year’’.

118 STAT. 884 PUBLIC LAW 108–280—JULY 30, 2004

(g) RESEARCH AUTHORIZATIONS.—Section 5338(d)(2) of such title

is amended—

(1) in the paragraph heading by striking ‘‘2003 AND FOR

THE PERIOD OF OCTOBER 1, 2003, THROUGH JULY 31,’’;

(2) by striking subparagraph (A)(vi) and inserting the following:

‘‘(vi) $42,200,000 for fiscal year 2004.’’;

(3) by striking subparagraph (B)(vi) and inserting the following:

‘‘(vi) $10,800,000 for fiscal year 2004.’’; and

(4) in subparagraph (C) by striking ‘‘(other than for the

period of October 1, 2003, through July 31, 2004)’’.

(h) RESEARCH FUNDS.—Section 8(h) of the Surface Transportation Extension Act of 2003 (118 Stat. 635; 118 Stat. 706) is

repealed.

(i) UNIVERSITY TRANSPORTATION RESEARCH AUTHORIZATIONS.—

Section 5338(e)(2) of title 49, United States Code, is amended—

(1) in the paragraph heading by striking ‘‘2003 AND FOR

THE PERIOD OF OCTOBER 1, 2003, THROUGH JULY 31,’’;

(2) in subparagraph (A) by striking ‘2003 and $3,976,400

for the period of October 1, 2003, through July 31,’’;

(3) in subparagraph (B) by striking ‘‘2003 and $994,100

for the period of October 1, 2003, through July 31,’’; and

(4) in each of subparagraphs (C)(i) and (C)(iii) by striking

‘‘(other than for the period of October 1, 2003, through July

31, 2004)’’.

(j) UNIVERSITY TRANSPORTATION RESEARCH FUNDS.—

(1) IN GENERAL.—Section 8(j) of the Surface Transportation

Extension Act of 2003 (118 Stat. 635; 118 Stat. 706) is repealed.

(2) CONFORMING AMENDMENT.—Section 3015(d)(2) of the

Transportation Equity Act for the 21st Century (49 U.S.C.

5338 note; 112 Stat. 857; 118 Stat. 487; 118 Stat. 636; 118

Stat. 707) is amended by striking ‘‘or 2003 and in the period

October 31, 2003, through July 31, 2004’’ and inserting ‘‘, 2003,

or 2004’’.

(k) ADMINISTRATION AUTHORIZATIONS.—Section 5338(f)(2) of

title 49, United States Code, is amended—

(1) in the paragraph heading by striking ‘‘2003 AND FOR

THE PERIOD OF OCTOBER 1, 2003, THROUGH JULY 31,’’;

(2) by striking subparagraph (A)(vi) and inserting the following:

‘‘(vi) $60,400,000 for fiscal year 2004.’’; and

(3) by striking subparagraph (B)(vi) and inserting the following:

‘‘(vi) $15,100,000 for fiscal year 2004.’’.

(l) JOB ACCESS AND REVERSE COMMUTE PROGRAM.—Section

3037(l) of the Transportation Equity Act for the 21st Century (49

U.S.C. 5309 note) is amended—

(1) by striking paragraph (1)(A)(vi) and inserting the following:

‘‘(vi) $100,000,000 for fiscal year 2004.’’;

(2) by striking paragraph (1)(B)(vi) and inserting the following:

‘‘(vi) $25,000,000 for fiscal year 2004.’’;

(3) in paragraph (2) by striking ‘‘; except that’’ and all

that follows before the period at the end; and

PUBLIC LAW 108–280—JULY 30, 2004 118 STAT. 885

(4) in paragraph (4) by striking ‘‘$16,568,333’’ and inserting

‘‘$20,000,000’’.

(m) RURAL TRANSPORTATION ACCESSIBILITY INCENTIVE PROGRAM.—Section 3038(g) of the Transportation Equity Act for the

21st Century (49 U.S.C. 5310 note) is amended—

(1) by striking paragraph (1)(F) and inserting after paragraph (1)(E) the following:

‘‘(F) $5,250,000 for fiscal year 2004.’’; and

(2) in paragraph (2) by striking ‘‘$6,800,000’’ and all that

follows through ‘‘July 31, 2004)’’ and inserting ‘‘$1,700,000 shall

be available for each of fiscal years 2000 through 2004’’.

(n) URBANIZED AREA FORMULA GRANTS.—Section 5307(b)(2) of

title 49, United States Code, is amended—

(1) in the paragraph heading by striking ‘‘FISCAL YEAR

2003 AND FOR THE PERIOD OF OCTOBER 1, 2003, THROUGH JULY

31, 2004’’ and inserting ‘‘FISCAL YEARS 2003 AND 2004’’; and

(2) in subparagraph (A) by striking ‘‘fiscal year 2003, and

for the period of October 1, 2003, through July 31, 2004’’

and inserting ‘‘fiscal years 2003 and 2004’’.

(o) OBLIGATION CEILING.—Section 3040 of the Transportation

Equity Act for the 21st Century (112 Stat. 394; 118 Stat. 637;

118 Stat. 708) is amended by striking paragraph (6) and inserting

the following:

‘‘(6) $7,309,000,000 in fiscal year 2004.’’.

(p) FUEL CELL BUS AND BUS FACILITIES PROGRAM.—Section

3015(b) of the Transportation Equity Act for the 21st Century

(112 Stat. 361; 118 Stat. 637; 118 Stat. 708) is amended by striking

‘‘(or, in the case of the period of October 1, 2003, through July

31, 2004 $4,017,821)’’.

(q) ADVANCED TECHNOLOGY PILOT PROJECT.—Section 3015(c)(2)

of the Transportation Equity Act for the 21st Century (49 U.S.C.

322 note; 118 Stat. 637; 118 Stat. 708) is amended by striking

‘‘2003, and for the period of October 1, 2003, through July 31,

2004 $5,000,000 per fiscal year and $4,142,083 for such period’’

and inserting ‘‘2004, $5,000,000 per fiscal year’’.

(r) PROJECTS FOR NEW FIXED GUIDEWAY SYSTEMS AND EXTENSIONS TO EXISTING SYSTEMS.—Section 3030 of the Transportation

Equity Act for the 21st Century (112 Stat. 373; 118 Stat. 637;

118 Stat. 708) is amended—

(1) by striking ‘‘2003 and for the period of October 1,

2003, through July 31, 2004,’’ each place it appears and

inserting ‘‘2004’’; and

(2) in subsection (d)(3) by redesignating the second subparagraph (D), relating to the Memphis-Shelby International Airport

intermodal facility, as subparagraph (H) and aligning the

margin of such subparagraph with subparagraph (G).

(s) NEW JERSEY URBAN CORE PROJECT.—Section 3031(a)(3) of

the Intermodal Surface Transportation Efficiency Act of 1991 (105

Stat. 2122; 112 Stat. 379; 117 Stat. 1126; 118 Stat. 489; 118 Stat.

637; 118 Stat. 708) is amended by striking ‘‘2003, and for the

period of October 1, 2003, through July 31,’’ each place it appears.

(t) TREATMENT OF FUNDS.—Section 8(t) of the Surface Transportation Extension Act of 2003 (23 U.S.C. 101 note; 118 Stat. 637;

118 Stat. 708) is amended—

(1) in paragraph (1) by striking ‘‘, and by section 7 of

the Surface Transportation Extension Act of 2004, Part III’’

23 USC 322 note.

118 STAT. 886 PUBLIC LAW 108–280—JULY 30, 2004

and inserting ‘‘by section 7 of the Surface Transportation Extension Act of 2004, Part III, and by section 7 of the Surface

Transportation Extension Act of 2004, Part IV’’; and

(2) in paragraph (2) by striking ‘‘, except that’’ and all

that follows before the period at the end.

(u) LOCAL SHARE.—Section 3011(a) of the Transportation Equity

Act for the 21st Century (49 U.S.C. 5307 note; 118 Stat. 637;

118 Stat. 708) is amended by striking ‘‘2003, and for the period

of October 1, 2003 through July 31,’’.

SEC. 8. NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION PROGRAMS.

(a) CHAPTER 4 HIGHWAY SAFETY PROGRAMS.—Section 2009(a)(1)

of the Transportation Equity Act for the 21st Century (112 Stat.

337; 117 Stat. 1119; 118 Stat. 489; 118 Stat. 637; 118 Stat. 709)

is amended by striking ‘‘$136,688,750 for the period of October

1, 2003, through July 31, 2004’’ and inserting ‘‘$165,000,000 for

fiscal year 2004’’.

(b) HIGHWAY SAFETY RESEARCH AND DEVELOPMENT.—Section

2009(a)(2) of such Act (112 Stat. 337; 117 Stat. 1119; 118 Stat.

489; 118 Stat. 637; 118 Stat. 709) is amended by striking ‘‘2003

and $59,646,000 for the period of October 1, 2003, through July

31,’’.

(c) OCCUPANT PROTECTION INCENTIVE GRANTS-.—Section

2009(a)(3) of such Act (112 Stat. 337; 117 Stat. 1120; 118 Stat.

489; 118 Stat. 638; 118 Stat. 709) is amended by striking

‘‘$16,568,333 for the period of October 1, 2003, through July 31,

2004’’ and inserting ‘‘$20,000,000 for fiscal year 2004’’.

(d) ALCOHOL-IMPAIRED DRIVING COUNTERMEASURES INCENTIVE

GRANTS.—Section 2009(a)(4) of such Act (112 Stat. 337; 117 Stat.

1120; 118 Stat. 489; 118 Stat. 638; 118 Stat. 709) is amended

by striking ‘‘$33,136,667 for the period of October 1, 2003, through

July 31, 2004’’ and inserting ‘‘$40,000,000 for fiscal year 2004’’.

(e) NATIONAL DRIVER REGISTER.—Section 2009(a)(6) of such

Act (112 Stat. 338; 117 Stat. 1120; 118 Stat. 638; 118 Stat. 709)

is amended by striking ‘‘$2,982,300 for the period of October 1,

2003, through July 31, 2004’’ and inserting ‘‘$3,600,000 for fiscal

year 2004’’.

SEC. 9. FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION PROGRAM.

(a) ADMINISTRATIVE EXPENSES.—Section 7(a)(1) of the Surface

Transportation Extension Act of 2003 (117 Stat. 1120; 118 Stat.

490; 118 Stat. 638; 118 Stat. 709) is amended by striking

‘‘$146,725,000 for the period October 1, 2003, through July 31,

2004’’ and inserting ‘‘$176,070,000 for fiscal year 2004’’.

(b) MOTOR CARRIER SAFETY ASSISTANCE PROGRAM.—Section

31104(a)(7) of title 49, United States Code, is amended to read

as follows:

‘‘(7) Not more than $169,000,000 for fiscal year 2004.’’.

(c) INFORMATION SYSTEMS AND COMMERCIAL DRIVER’S LICENSE

GRANTS.—

(1) AUTHORIZATION OF APPROPRIATION.—Section 31107(a)(5)

of such title is amended to read as follows:

‘‘(5) $20,000,000 for the fiscal year 2004.’’.

(2) EMERGENCY CDL GRANTS.—Section 7(c)(2) of the Surface

Transportation Extension Act of 2003 (117 Stat. 1121; 118

Stat. 490; 118 Stat. 638; 118 Stat. 709) is amended—

PUBLIC LAW 108–280—JULY 30, 2004 118 STAT. 887

(A) by striking ‘‘the period of October 1, 2003 through

June 30,’’ and inserting ‘‘fiscal year’’; and

(B) by striking ‘‘$833,333’’ and inserting ‘‘$1,000,000’’.

(d) CRASH CAUSATION STUDY.— Section 7(d) of such Act (117

Stat. 1121; 118 Stat. 490; 118 Stat. 638) is amended—

(1) by striking ‘‘$833,333’’ and inserting ‘‘$1,000,000’’; and

(2) by striking ‘‘the period of October 1, 2003 through

July 31,’’ and inserting ‘‘fiscal year’’.

SEC. 10. EXTENSION OF AUTHORIZATION FOR USE OF TRUST FUNDS

FOR OBLIGATIONS UNDER TEA–21.

(a) HIGHWAY TRUST FUND.—

(1) IN GENERAL.—Paragraph (1) of section 9503(c) of the

Internal Revenue Code of 1986 is amended—

(A) in the matter before subparagraph (A), by striking

‘‘August 1, 2004’’ and inserting ‘‘October 1, 2004’’,

(B) by striking ‘‘or’’ at the end of subparagraph (H),

(C) by striking the period at the end of subparagraph

(I) and inserting ‘‘, or’’,

(D) by inserting after subparagraph (I) the following

new subparagraph:

‘‘(J) authorized to be paid out of the Highway Trust

Fund under the Surface Transportation Extension Act of

2004, Part IV.’’, and

(E) in the matter after subparagraph (J), as added

by this paragraph, by striking ‘‘Surface Transportation

Extension Act of 2004, Part III’’ and inserting ‘‘Surface

Transportation Extension Act of 2004, Part IV’’.

(2) MASS TRANSIT ACCOUNT.—Paragraph (3) of section

9503(e) of such Code is amended—

(A) in the matter before subparagraph (A), by striking

‘‘August 1, 2004’’ and inserting ‘‘October 1, 2004’’,

(B) in subparagraph (F), by striking ‘‘or’’ at the end

of such subparagraph,

(C) in subparagraph (G), by inserting ‘‘or’’ at the end

of such subparagraph,

(D) by inserting after subparagraph (G) the following

new subparagraph:

‘‘(H) the Surface Transportation Extension Act of 2004,

Part IV,’’, and

(E) in the matter after subparagraph (H), as added

by this paragraph, by striking ‘‘Surface Transportation

Extension Act of 2004, Part III’’ and inserting ‘‘Surface

Transportation Extension Act of 2004, Part IV’’.

(3) EXCEPTION TO LIMITATION ON TRANSFERS.—Subparagraph (B) of section 9503(b)(5) of such Code is amended by

striking ‘‘August 1, 2004’’ and inserting ‘‘October 1, 2004’’.

(4) SPECIAL RULE FOR CORE HIGHWAY PROGRAMS.—

(A) IN GENERAL.—In the case of a core highway program, subsections (b)(5) and (c)(1) of section 9503 of such

Code shall be applied by substituting ‘‘September 25, 2004’’

for ‘‘October 1, 2004’’.

(B) CORE HIGHWAY PROGRAM.—For purposes of

subparagraph (A), the term ‘‘core highway program’’ means

any program (other than any program carried out by the

National Highway Traffic Safety Administration and any

26 USC 9503

note.

Applicability.

26 USC 9503.

118 STAT. 888 PUBLIC LAW 108–280—JULY 30, 2004

LEGISLATIVE HISTORY—H.R. 4916:

CONGRESSIONAL RECORD, Vol. 150 (2004):

July 22, considered and passed House and Senate.

Æ

program carried out by the Federal Motor Carrier Administration) funded from the Highway Trust Fund (other than

the Mass Transit Account).

(b) AQUATIC RESOURCES TRUST FUND.— (1) SPORT FISH RESTORATION ACCOUNT.—Paragraph (2) of

section 9504(b) of the Internal Revenue Code of 1986 is

amended by striking ‘‘Surface Transportation Extension Act

of 2004, Part III’’ each place it appears and inserting ‘‘Surface

Transportation Extension Act of 2004, Part IV’’.

(2) BOAT SAFETY ACCOUNT.—Subsection (c) of section 9504

of such Code is amended—

(A) by striking ‘‘August 1, 2004’’ and inserting ‘‘October

1, 2004’’, and

(B) by striking ‘‘Surface Transportation Extension Act

of 2004, Part III’’ and inserting ‘‘Surface Transportation

Extension Act of 2004, Part IV’’.

(3) EXCEPTION TO LIMITATION ON TRANSFERS.—Paragraph

(2) of section 9504(d) of such Code is amended by striking

‘‘August 1, 2004’’ and inserting ‘‘October 1, 2004’’.

(c) EFFECTIVE DATE.—The amendments made by this section

shall take effect on the date of the enactment of this Act.

(d) TEMPORARY RULE REGARDING ADJUSTMENTS.—During the

period beginning on the date of the enactment of the Surface

Transportation Extension Act of 2003 and ending on September

30, 2004, for purposes of making any estimate under section 9503(d)

of the Internal Revenue Code of 1986 of receipts of the Highway

Trust Fund, the Secretary of the Treasury shall treat—

(1) each expiring provision of paragraphs (1) through (4)

of section 9503(b) of such Code which is related to appropriations or transfers to such Fund to have been extended through

the end of the 24-month period referred to in section

9503(d)(1)(B) of such Code, and

(2) with respect to each tax imposed under the sections

referred to in section 9503(b)(1) of such Code, the rate of such

tax during the 24-month period referred to in section

9503(d)(1)(B) of such Code to be the same as the rate of such

tax as in effect on the date of the enactment of the Surface

Transportation Extension Act of 2003.

Approved July 30, 2004.

Effective date.

Termination

date.

26 USC 9503

note.

26 USC 9504.