H. R. 3087

One Hundred Eighth Congress

of the

United States of America

AT THE FIRST SESSION

Begun and held at the City of Washington on Tuesday,

the seventh day of January, two thousand and three

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 2003’’.

SEC. 2. 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
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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 Federalaid 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
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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 Federalaid 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 ‘‘FEDERALAID 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
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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’’.
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(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.—

(A) IN GENERAL.—Section 1101(a)(15) of such Act (112

Stat. 113) is amended by inserting before the period at

the end the following: ‘‘and $45,833,333 for the period

of October 1, 2003, through February 29, 2004’’.

(B) CONFORMING AMENDMENT.—Section 1214(r) of such

Act (112 Stat. 209) is amended by striking ‘‘2003’’ and

inserting ‘‘2004’’.

(8) SAFETY GRANTS.—Section 1212(i)(1)(D) of such Act (23

U.S.C. 402 note; 112 Stat. 196; 112 Stat. 840) is amended

by inserting before the period at the end the following: ‘‘and

$208,333 for the period of October 1, 2003, through February

29, 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) is amended by inserting

before the period at the end the following: ‘‘and $10,416,667

for the period of October 1, 2003, through February 29, 2004’’.
H. R. 3087—6

(10) TRANSPORTATION INFRASTRUCTURE FINANCE AND

INNOVATION.—Section 188 of title 23, United States Code, is

amended—

(A) in subsection (a)(1)—

(i) by striking ‘‘and’’ at the end of subparagraph

(D);

(ii) by striking the period at the end of subparagraph (E) and inserting ‘‘; and’’; and

(iii) by adding at the end the following:

‘‘(F) $58,333,333 for the period of October 1, 2003,

through February 29, 2004.’’;

(B) in subsection (a)(2) by inserting after ‘‘2003’’ the

following: ‘‘and $833,333 for the period of October 1, 2003,

through February 29, 2004’’; and

(C) in subsection (c)—

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

(ii) by striking the period at the end of the table

and inserting the following:

‘‘2004 ...................................................................................................$1,083,333,333.’’.

(b) AUTHORIZATION OF APPROPRIATIONS UNDER TITLE V OF

TEA21.—

(1) SURFACE TRANSPORTATION RESEARCH.—Section

5001(a)(1) of the Transportation Equity Act for the 21st Century

(112 Stat. 419) is amended—

(A) by striking ‘‘2002, and’’ and inserting ‘‘2002,’’; and

(B) by inserting after ‘‘2003’’ the following: ‘‘, and

$43,750,000 for the period of October 1, 2003, through

February 29, 2004’’.

(2) TECHNOLOGY DEPLOYMENT PROGRAM.—Section

5001(a)(2) of such Act (112 Stat. 419) is amended—

(A) by striking ‘‘2002, and’’ and inserting ‘‘2002,’’; and

(B) by inserting after ‘‘2003’’ the following: ‘‘, and

$22,916,667 for the period of October 1, 2003, through

February 29, 2004’’.

(3) TRAINING AND EDUCATION.—Section 5001(a)(3) of such

Act (112 Stat. 420) is amended—

(A) by striking ‘‘2002, and’’ and inserting ‘‘2002,’’; and

(B) by inserting after ‘‘2003’’ the following: ‘‘, and

$8,750,000 for the period of October 1, 2003, through February 29, 2004’’.

(4) BUREAU OF TRANSPORTATION STATISTICS.—Section

5001(a)(4) of such Act (112 Stat. 420) is amended by inserting

before the period at the end the following: ‘‘, and $12,916,667

for the period of October 1, 2003, through February 29, 2004’’.

(5) ITS STANDARDS, RESEARCH, OPERATIONAL TESTS, AND

DEVELOPMENT.—Section 5001(a)(5) of such Act (112 Stat. 420)

is amended—

(A) by striking ‘‘2002, and’’ and inserting ‘‘2002,’’; and

(B) by inserting after ‘‘2003’’ the following: ‘‘, and

$47,916,667 for the period of October 1, 2003, through

February 29, 2004’’.

(6) ITS DEPLOYMENT.—Section 5001(a)(6) of such Act (112

Stat. 420) is amended—

(A) by striking ‘‘2002, and’’ and inserting ‘‘2002,’’; and
H. R. 3087—7

(B) by inserting after ‘‘2003’’ the following: ‘‘, and

$51,666,667 for the period of October 1, 2003, through

February 29, 2004’’.

(7) UNIVERSITY TRANSPORTATION RESEARCH.—Section

5001(a)(7) of such Act (112 Stat. 420) is amended—

(A) by striking ‘‘2002, and’’ and inserting ‘‘2002,’’; and

(B) by inserting after ‘‘2003’’ the following: ‘‘, and

$11,250,000 for the period of October 1, 2003, through

February 29, 2004’’.

(c) METROPOLITAN PLANNING.—

(1) AUTHORIZATION OF CONTRACT AUTHORITY.—There shall

be available from the Highway Trust Fund (other than the

Mass Transit Account) to carry out section 134 of title 23,

United States Code, $100,000,000 for the period of October

1, 2003, through February 29, 2004.

(2) DISTRIBUTION OF FUNDS.—The Secretary shall distribute

funds made available by this subsection to the States in accordance with section 104(f)(2) of title 23, United States Code.

(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, and shall be subject to a limitation

on obligations for Federal-aid highways and highway safety

construction programs.

(d) TERRITORIES.—Section 1101 of the Transportation Equity

Act for the 21st Century (112 Stat. 111–115) is further amended

by adding at the end the following:

‘‘(d) TERRITORIES.—

‘‘(1) IN GENERAL.—In lieu of the amounts deducted under

section 104(b)(1) of title 23, United States Code, there shall

be available from the Highway Trust Fund (other than the

Mass Transit Account) for the Virgin Islands, Guam, American

Samoa, and the Commonwealth of the Northern Mariana

Islands $15,166,667 for the period of October 1, 2003, through

February 29, 2004.

‘‘(2) CONTRACT AUTHORITY.—Funds made available by this

subsection shall be available for obligation in the same manner

as if the 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.’’.

(e) ALASKA HIGHWAY.—Section 1101 of such Act is further

amended by adding at the end the following:

‘‘(e) ALASKA HIGHWAY.—

‘‘(1) IN GENERAL.—In lieu of the amounts deducted under

section 104(b)(1) of title 23, United States Code, there shall

be available from the Highway Trust Fund (other than the

Mass Transit Account) for the Alaska Highway program under

section 218 of such title $7,833,333 for the period of October

1, 2003, through February 29, 2004.

‘‘(2) CONTRACT AUTHORITY.—Funds made available by this

subsection shall be available for obligation in the same manner

as if the 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.’’.
H. R. 3087—8

(f) OPERATION LIFESAVER.—Section 1101 of such Act is further

amended by adding at the end the following:

‘‘(f) OPERATION LIFESAVER.—

‘‘(1) IN GENERAL.—In lieu of the amount set aside under

section 104(d)(1) of title 23, United States Code, there shall

be available from the Highway Trust Fund (other than the

Mass Transit Account) to carry out the operation lifesaver

program under such section $208,333 for the period of October

1, 2003, through February 29, 2004.

‘‘(2) CONTRACT AUTHORITY.—Funds made available by this

subsection shall be available for obligation in the same manner

as if the 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.’’.

(g) BRIDGE DISCRETIONARY.—Section 1101 of such Act is further

amended by adding at the end the following:

‘‘(g) BRIDGE DISCRETIONARY.—

‘‘(1) IN GENERAL.—There shall be available from the Highway Trust Fund (other than the Mass Transit Account)

$41,666,667 to the Secretary at the discretion of the Secretary

to carry out section 144(g) of title 23, United States Code,

for the period of October 1, 2003, through February 29, 2004.

‘‘(2) CONTRACT AUTHORITY.—Funds made available by this

subsection shall be available for obligation in the same manner

as if the 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.’’.

(h) INTERSTATE MAINTENANCE.—Section 1101 of such Act is

further amended by adding at the end the following:

‘‘(h) INTERSTATE MAINTENANCE.—

‘‘(1) IN GENERAL.—There shall be available from the Highway Trust Fund (other than the Mass Transit Account)

$41,666,667 to the Secretary to carry out projects described

in section 118(c)(1) of title 23, United States Code, for the

period of October 1, 2003, through February 29, 2004.

‘‘(2) PROJECT SELECTION CRITERIA.—The project selection

criteria in section 118(c)(2) of such title shall apply to amounts

made available by this subsection.

‘‘(3) CONTRACT AUTHORITY.—Funds made available by this

subsection shall be available for obligation in the same manner

as if the 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.’’.

(i) RECREATIONAL TRAILS ADMINISTRATIVE COSTS.—Section 1101

of such Act is further amended by adding at the end the following:

‘‘(i) RECREATIONAL TRAILS ADMINISTRATIVE COSTS.—

‘‘(1) IN GENERAL.—In lieu of the amount to be deducted

under section 104(h)(1) of title 23, United States Code, there

shall be available from the Highway Trust Fund (other than

the Mass Transit Account) to the Secretary to cover costs of

the Secretary described in such section $312,500 for the period

of October 1, 2003, through February 29, 2004.
H. R. 3087—9

‘‘(2) CONTRACT AUTHORITY.—Funds made available by this

subsection shall be available for obligation in the same manner

as if the 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.’’.

(j) RAILWAY-HIGHWAY CROSSING HAZARD ELIMINATION IN HIGH

SPEED RAIL CORRIDORS.—Section 1101 of such Act is further

amended by adding at the end the following:

‘‘(j) RAILWAY-HIGHWAY CROSSING HAZARD ELIMINATION IN HIGH

SPEED RAIL CORRIDORS.—

‘‘(1) IN GENERAL.—In lieu of the amount to be deducted

under section 104(d)(2) of title 23, United States Code, there

shall be available from the Highway Trust Fund (other than

the Mass Transit Account) to the Secretary for elimination

of hazards of railway-highway crossings in accordance with

such section $2,187,500 for the period of October 1, 2003,

through February 29, 2004; except that not less than $104,167

instead of $250,000 shall be available for the period of October

1, 2003, through February 29, 2004, for eligible improvements

described in subparagraph (E) of such section.

‘‘(2) CONTRACT AUTHORITY.—Funds made available by this

subsection shall be available for obligation in the same manner

as if the 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.’’.

(k) NONDISCRIMINATION.—Section 1101 of such Act is further

amended by adding at the end the following:

‘‘(k) NONDISCRIMINATION.—

‘‘(1) SKILLS TRAINING.—In lieu of the amount to be deducted

under section 140(b) of title 23, United States Code, there

shall be available from the Highway Trust Fund (other than

the Mass Transit Account) to the Secretary for the administration of such section $4,166,667 for the period of October 1,

2003, through February 29, 2004.

‘‘(2) ON-THE-JOB TRAINING.—In lieu of the amount to be

deducted under section 140(c) of title 23, United States Code,

there shall be available from the Highway Trust Fund (other

than the Mass Transit Account) to the Secretary for the administration of such section $4,166,667 for the period of October

1, 2003, through February 29, 2004.

‘‘(3) CONTRACT AUTHORITY.—Funds made available by this

subsection shall be available for obligation in the same manner

as if the 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 funds made available by

paragraph (1) shall remain available until expended.’’.

(l) ADMINISTRATION OF FUNDS.—Funds authorized by the

amendments made by this section 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 under sections 104(a)(1)(A) and 104(a)(1)(B) of such

title shall not apply to funds made available by the amendment

made by subsection (a)(1) of this section.
H. R. 3087—10

(m) REDUCTION OF ALLOCATED PROGRAMS.—The Secretary of

Transportation shall reduce the amount that would be made available, but for this section, for fiscal year 2004 for allocation under

a program, that is continued both by a law reauthorizing such

program enacted after the date of enactment of this Act and by

this section, by the amount made available for such program by

this section.

(n) PROGRAM CATEGORY RECONCILIATION.—The Secretary may

establish procedures under which funds allocated under this section

for fiscal year 2004 for a program category for which funds are

not authorized for fiscal year 2004 under a multiyear law reauthorizing the Federal-aid highway program enacted after the date of

enactment of this Act may be restored to the Federal-aid highway

program.

SEC. 6. EXTENSION OF HIGHWAY SAFETY PROGRAMS.

(a) CHAPTER 1 HIGHWAY SAFETY PROGRAMS.—

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

title 23, United States Code, is amended—

(A) in subsection (a)(3) by striking ‘‘2001’’ and inserting

‘‘2002’’;

(B) in subsection (a)(8)(B) by striking ‘‘2001’’ and

inserting ‘‘2002’’;

(C) in subsection (b) by striking ‘‘2002’’ and inserting

‘‘2003’’;

(D) in subsection (c)(1) by striking ‘‘2002’’ and inserting

‘‘2003’’;

(E) in subsection (c)(2) by striking ‘‘2002’’ and inserting

‘‘2003’’;

(F) in subsection (f)(4) by striking ‘‘2002’’ and inserting

‘‘2003’’;

(G) in subsection (g)(1)—

(i) by striking ‘‘and’’; and

(ii) by inserting before the period at the end the

following: ‘‘, and $46,666,667 for the period of October

1, 2003, through February 29, 2004’’;

(H) in the heading to subsection (g)(3)(B) by striking

‘‘2003’’ and inserting ‘‘2004’’; and

(I) in subsection (g)(3)(B) by striking ‘‘2003’’ and

inserting ‘‘2004’’.

(2) PREVENTION OF INTOXICATED DRIVER INCENTIVE

GRANTS.—Section 163(e)(1) of such title is amended—

(A) by striking ‘‘and’’; and

(B) by inserting before the period at the end the following: ‘‘, and $50,000,000 for the period of October 1,

2003, through February 29, 2004’’.

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

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

337) is amended—

(1) by striking ‘‘and’’; and

(2) 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’’.

(c) HIGHWAY SAFETY RESEARCH AND DEVELOPMENT.—Section

2009(a)(2) of such Act (112 Stat. 337) is amended by inserting

after ‘‘2003’’ the following: ‘‘, and $30,000,000 for the period of

October 1, 2003, through February 29, 2004’’.
H. R. 3087—11

(d) OCCUPANT PROTECTION INCENTIVE GRANTS.—Section

2009(a)(3) of such Act (112 Stat. 337) is amended—

(1) by striking ‘‘and’’; and

(2) 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’’.

(e) ALCOHOL-IMPAIRED DRIVING COUNTERMEASURES INCENTIVE

GRANTS.—

(1) EXTENSION OF PROGRAM.—Section 410 of title 23, United

States Code, is amended—

(A) in subsection (a)(3) by striking ‘‘6’’ and inserting

‘‘7’’; and

(B) in subsection (a)(4)(C) by striking ‘‘and sixth’’ and

inserting ‘‘, sixth, and seventh’’; and

(2) AUTHORIZATION OF APPROPRIATIONS.—Section 2009(a)(4)

of such Act (112 Stat. 337) is amended—

(A) by striking ‘‘and’’ the last place it appears; and

(B) by inserting before the period at the end the following: ‘‘, and $16,666,667 for the period of October 1,

2003, through February 29, 2004’’.

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

(112 Stat. 338) is amended by inserting after ‘‘2003’’ the following:

‘‘, and $833,333 for the period of October 1, 2003, through February

29, 2004’’.

(g) ALLOCATIONS.—Section 2009(b) of such Act (112 Stat. 338)

is amended—

(1) in paragraph (1) by striking ‘‘2003’’ and inserting ‘‘2004’’;

and

(2) in paragraph (2) by striking ‘‘2003’’ and inserting ‘‘2004’’.

(h) APPLICABILITY OF TITLE 23.—Section 2009(c) of such Act

(112 Stat. 338) is amended by striking ‘‘2003’’ and inserting ‘‘2004’’.

SEC. 7. EXTENSION OF MOTOR CARRIER SAFETY PROGRAM.

(a) ADMINISTRATIVE EXPENSES.—

(1) IN GENERAL.—There shall be available from the Highway Trust Fund (other than the Mass Transit Account) for

the Secretary of Transportation to pay administrative expenses

of the Federal Motor Carrier Safety Administration $71,487,500

for the period of October 1, 2003, through February 29, 2004.

(2) USE OF FUNDS.—Funds authorized by this subsection

may be used for personnel costs; administrative infrastructure;

rent; information technology; and programs for research and

technology, regulatory development, and other operating

expenses and similar matters.

(b) MOTOR CARRIER SAFETY ASSISTANCE PROGRAM.—Section

31104(a) of title 49, United States Code, is amended by adding

at the end the following:

‘‘(7) Not more than $68,750,000 for the period of October

1, 2003, through February 29, 2004.’’.

(c) INFORMATION SYSTEMS AND COMMERCIAL DRIVER’S LICENSE

GRANTS.—

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

of such title is amended—

(A) by striking ‘‘and’’ at the end of paragraph (2);

(B) by striking the period at the end of paragraph

(3) and inserting a semicolon;
H. R. 3087—12

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

(4) and inserting ‘‘; and’’; and

(D) by adding at the end the following:

‘‘(5) $8,333,333 for the period of October 1, 2003 through

February 29, 2004.’’.

(2) EMERGENCY CDL GRANTS.—From amounts made available by section 31107(a) of title 49, United States Code, for

the period of October 1, 2003 through February 29, 2004, the

Secretary of Transportation may make grants of up to $416,667

to a State whose commercial driver’s license program may

fail to meet the compliance requirements of section 31311(a)

of such title.

(d) CRASH CAUSATION STUDY.—There shall be available from

the Highway Trust Fund (other than the Mass Transit Account)

for the Federal Motor Carrier Safety Administration to continue

the crash causation study required by section 224 of the Motor

Carrier Safety Improvement Act of 1999 (49 U.S.C. 31100 note;

113 Stat. 1770–1771), $416,667 for the period of October 1, 2003

through February 29, 2004.

(e) 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.

SEC. 8. EXTENSION OF FEDERAL TRANSIT PROGRAMS.

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

States Code, is amended—

(1) in paragraph (1) by inserting ‘‘and for the period of

October 1, 2003, through February 29, 2004’’ after ‘‘2003’’;

(2) in paragraph (2)(B) by inserting after clause (ii) the

following:

‘‘(iii) OCTOBER 1, 2003 THROUGH FEBRUARY 29,

2004.—Of the amounts made available under paragraph

(1)(B), $4,333,333 shall be available for the period of

October 1, 2003, through February 29, 2004, for capital

projects described in clause (i).’’;

(3) in paragraph (3)(B) by inserting after ‘‘2003’’ the following: ‘‘(and $1,250,000 shall be available for the period

October 1, 2003, through February 29, 2004)’’; and

(4) in paragraph (3)(C) by inserting after ‘‘2003’’ the following: ‘‘(and $20,833,334 shall be available for the period

October 1, 2003, through February 29, 2004)’’.

(b) APPORTIONMENT OF APPROPRIATIONS FOR FIXED GUIDEWAY

MODERNIZATION.—

(1) SPECIAL RULE FOR OCTOBER 1, 2003 THROUGH FEBRUARY

29, 2004.—The Secretary of Transportation shall determine the

amount that each urbanized area is to be apportioned for fixed

guideway modernization under section 5337 of title 49, United

States Code, on a pro rata basis to reflect the partial fiscal

year 2004 funding made available by sections 5338(b)(2)(A)(vi)

and 5338(b)(2)(B)(vi) of such title.

(2) TECHNICAL AMENDMENT.—Section 5337 of such title

is amended by striking the first subsection (e), relating to

special rule.

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

title is amended—
H. R. 3087—13

(1) in the heading to paragraph (2) by inserting ‘‘AND FOR

THE PERIOD OF OCTOBER 1, 2003, THROUGH FEBRUARY 29, 2004’’

after ‘‘2003’’;

(2) by striking ‘‘and’’ at the end of paragraphs (2)(A)(iv)

and (2)(B)(iv);

(3) by striking the period at the end of paragraphs (2)(A)(v)

and (2)(B)(v) and inserting ‘‘; and’’;

(4) by adding at the end of paragraph (2)(A) the following:

‘‘(vi) $1,292,948,344 for the period of October 1,

2003, through February 29, 2004.’’;

(5) by adding at the end in paragraph (2)(B) the following:

‘‘(vi) $323,459,169 for the period of October 1, 2003,

through February 29, 2004.’’; and

(6) in paragraph (2)(C) by inserting after ‘‘a fiscal year’’

the following: ‘‘(other than for the period of October 1, 2003,

through February 29, 2004)’’.

(d) ALLOCATION OF FORMULA GRANT FUNDS FOR OCTOBER 1,

2003, THROUGH FEBRUARY 29, 2004.—Of the aggregate of amounts

made available by and appropriated under section 5338(a)(2) of

title 49, United States Code, for the period of October 1, 2003,

through February 29, 2004—

(1) $2,020,813 shall be available to the Alaska Railroad

for improvements to its passenger operations under section

5307 of such title;

(2) $20,833,334 shall be available to carry out section 5308

of such title; and

(3) of the remaining amount—

(A) 2.4 percent shall be available to provide transportation services to elderly individuals and individuals with

disabilities under section 5310 of such title;

(B) 6.37 percent shall be available to provide financial

assistance for other than urbanized areas under section

5311 of such title; and

(C) 91.23 percent shall be available to provide financial

assistance for urbanized areas under section 5307 of such

title.

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

such title is amended—

(1) in the heading to paragraph (2) by inserting ‘‘AND FOR

THE PERIOD OF OCTOBER 1, 2003, THROUGH FEBRUARY 29, 2004’’

after ‘‘2003’’;

(2) by striking ‘‘and’’ at the end of paragraphs (2)(A)(iv)

and (2)(B)(iv);

(3) by striking the period at the end of paragraphs (2)(A)(v)

and (2)(B)(v) and inserting ‘‘; and’’;

(4) by adding at the end of paragraph (2)(A) the following:

‘‘(vi) $1,022,503,342 for the period of October 1,

2003, through February 29, 2004.’’; and

(5) by adding at the end of paragraph (2)(B) the following:

‘‘(vi) $255,801,669 for the period of October 1, 2003,

through February 29, 2004.’’.

(f) PLANNING AUTHORIZATIONS AND ALLOCATIONS.—Section

5338(c) is amended—

(1) in the heading to paragraph (2) by inserting ‘‘AND FOR

THE PERIOD OF OCTOBER 1, 2003, THROUGH FEBRUARY 29, 2004’’

after ‘‘2003’’;
H. R. 3087—14

(2) by striking ‘‘and’’ at the end of paragraphs (2)(A)(iv)

and (2)(B)(iv);

(3) by striking the period at the end of paragraphs (2)(A)(v)

and (2)(B)(v) and inserting ‘‘; and’’;

(4) by adding at the end of paragraph (2)(A) the following:

‘‘(vi) $24,636,667 for the period of October 1, 2003,

through February 29, 2004.’’;

(5) by adding at the end of paragraph (2)(B) the following:

‘‘(vi) $6,100,000 for the period of October 1, 2003,

through February 29, 2004.’’; and

(6) in paragraph (2)(C) by inserting ‘‘or any portion of

a fiscal year’’ after ‘‘fiscal year’’.

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

is amended—

(1) in the heading to paragraph (2) by inserting ‘‘AND FOR

THE PERIOD OF OCTOBER 1, 2003, THROUGH FEBRUARY 29, 2004’’

after ‘‘2003’’;

(2) by striking ‘‘and’’ at the end of paragraphs (2)(A)(iv)

and (2)(B)(iv);

(3) by striking the period at the end of paragraphs (2)(A)(v)

and (2)(B)(v) and inserting ‘‘; and’’;

(4) by adding at the end of paragraph (2)(A) the following:

‘‘(vi) $16,536,667 for the period of October 1, 2003,

through February 29, 2004.’’;

(5) by adding at the end of paragraph (2)(B) the following:

‘‘(vi) $4,095,000 for the period of October 1, 2003,

through February 29, 2004.’’; and

(6) in paragraph (2)(C) by inserting after ‘‘a fiscal year’’

the following: ‘‘(other than for the period of October 1, 2003,

through February 29, 2004)’’.

(h) ALLOCATION OF RESEARCH FUNDS FOR OCTOBER 1, 2003,

THROUGH FEBRUARY 29, 2004.—Of the funds made available by

or appropriated under section 5338(d)(2) of title 49, United States

Code, for the period of October 1, 2003, through February 29,

2004—

(1) not less than $2,187,500 shall be available for providing

rural transportation assistance under section 5311(b)(2) of such

title;

(2) not less than $3,437,500 shall be available for carrying

out transit cooperative research programs under section 5313(a)

of such title;

(3) not less than $1,666,667 shall be available to carry

out programs under the National Transit Institute under section 5315 of such title, including not more than $416,667 shall

be available to carry out section 5315(a)(16) of such title; and

(4) the remainder shall be available for carrying out

national planning and research programs under sections

5311(b)(2), 5312, 5313(a), 5314, and 5322 of such title.

(i) UNIVERSITY TRANSPORTATION RESEARCH AUTHORIZATIONS.—

Section 5338(e) of such title is amended—

(1) in the heading to paragraph (2) by inserting ‘‘AND FOR

THE PERIOD OF OCTOBER 1, 2003, THROUGH FEBRUARY 29, 2004’’

after ‘‘2003’’;

(2) in paragraph (2)(A) by inserting after ‘‘2003’’ the following: ‘‘and $2,020,833 for the period of October 1, 2003,

through February 29, 2004’’;
H. R. 3087—15

(3) in paragraph (2)(B) by inserting after ‘‘2003’’ the following: ‘‘and $505,833 for the period of October 1, 2003, through

February 29, 2004’’; and

(4) in clauses (i) and (iii) of paragraph (2)(C) by inserting

after ‘‘fiscal year’’ the following: ‘‘(other than for the period

of October 1, 2003, through February 29, 2004)’’.

(j) ALLOCATION OF UNIVERSITY TRANSPORTATION RESEARCH

FUNDS.—

(1) IN GENERAL.—Of the amounts made available under

section 5338(e)(2)(A) of title 49, United States Code, for the

period October 1, 2003, through February 29, 2004— (A) $833,333 shall be available for the center identified

in section 5505(j)(4)(A) of such title; and (B) $833,333 shall be available for the center identified

in section 5505(j)(4)(F) of such title.

(2) TRAINING AND CURRICULUM DEVELOPMENT.—Notwithstanding section 5338(e)(2) of such title, any amounts made

available under such section for such period that remain after

distribution under paragraph (1), shall be available for the

purposes identified in section 3015(d) of the Transportation

Equity Act for the 21st Century (112 Stat. 857).

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

Transportation Equity Act for the 21st Century (112 Stat. 857)

is amended by inserting ‘‘and in the period October 31, 2003,

through February 29, 2004’’ after ‘‘2003’’.

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

title is amended—

(1) in the heading to paragraph (2) by inserting ‘‘AND FOR

THE PERIOD OF OCTOBER 1, 2003, THROUGH FEBRUARY 29, 2004’’

after ‘‘2003’’;

(2) by striking ‘‘and’’ at the end of paragraphs (2)(A)(iv)

and (2)(B)(iv);

(3) by striking the period at the end of paragraphs (2)(A)(v)

and (2)(B)(v) and inserting ‘‘; and’’;

(4) by adding at the end of paragraph (2)(A) the following:

‘‘(vi) $24,585,834 for the period of October 1, 2003,

through February 29, 2004.’’; and

(5) by adding at the end of paragraph (2)(B) the following:

‘‘(vi) $6,150,833 for the period of October 1, 2003,

through February 29, 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; 112 Stat. 391–392) is amended—

(1) by striking ‘‘and’’ at the end of paragraphs (1)(A)(iv)

and (1)(B)(iv);

(2) by striking the period at the end of paragraphs (1)(A)(v)

and (1)(B)(v) and inserting ‘‘; and’’;

(3) by adding at the end of paragraph (1)(A) the following:

‘‘(vi) $50,519,167 for the period of October 1, 2003,

through February 29, 2004.’’;

(4) by adding at the end of paragraph (1)(B) the following:

‘‘(vi) $12,638,333 for the period of October 1, 2003,

through February 29, 2004.’’; and

(5) by inserting before the period at the end of paragraph

(2) the following: ‘‘; except that in the period of October 1,

2003, through February 29, 2004, $4,166,667 shall be used

for such projects’’.
H. R. 3087—16

(m) RURAL TRANSPORTATION ACCESSIBILITY INCENTIVE PROGRAM.—Section 3038(g) of such Act (49 U.S.C. 5310 note; 112 Stat.

393) is amended—

(1) by adding at the end of paragraph (1) the following:

‘‘(F) $2,187,500 for the period of October 1, 2003,

through February 29, 2004.’’; and

(2) in paragraph (2) by inserting after ‘‘2003’’ the following:

‘‘(and $708,333 shall be available for the period of October

1, 2003, through February 29, 2004)’’.

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

title 49, United States Code, is amended—

(1) in the heading to paragraph (2) by inserting ‘‘AND FOR

THE PERIOD OF OCTOBER 1, 2003, THROUGH FEBRUARY 29, 2004’’

after ‘‘2003’’;

(2) in paragraph (2)(A)—

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

through February 29, 2004’’ after ‘‘2003,’’;

(B) by striking ‘‘or’’ at the end of clause (ii);

(C) by striking the period at the end of clause (iii)

and inserting ‘‘; and’’; and

(D) by adding at the end the following:

‘‘(iv) a portion of the area was not designated as

an urbanized area as determined under the 1990 Federal decennial census and received assistance under

section 5311 in fiscal year 2002.’’;

(3) by adding at the end of paragraph (2)(B) the following:

‘‘Each portion of an area not designated as an urbanized area

under the 1990 Federal decennial census and eligible to receive

funds under subparagraph (A)(iv) shall receive an amount of

funds made available to carry out this section that is no less

than the amount the portion of the area received under section

5311 in fiscal year 2002.’’.

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

Equity Act for the 21st Century (112 Stat. 394) is amended—

(1) by striking ‘‘and’’ at the end of paragraph (4);

(2) by striking the period at the end of paragraph (5)

and inserting ‘‘; and’’; and

(3) by adding at the end the following:

‘‘(6) $3,042,501,691 for the period of October 1, 2003,

through February 29, 2004.’’.

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

3015(b) of such Act (112 Stat. 361) is amended by inserting ‘‘(or,

in the case of the period of October 1, 2003, through February

29, 2004, $2,020,833)’’ after ‘‘$4,850,000’’.

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

of such Act (49 U.S.C. 322 note; 112 Stat. 361) is amended— (1) by inserting ‘‘and for the period of October 1, 2003,

through February 29, 2004,’’ after ‘‘2003,’’; and

(2) by inserting ‘‘and $2,083,333 for such period’’ after ‘‘$5,000,000 per fiscal year’’. (r) PROJECTS FOR NEW FIXED GUIDEWAY SYSTEMS AND EXTEN- SIONS TO EXISTING SYSTEMS.—Subsections (a), (b), and (c)(1) of

section 3030 of such Act (112 Stat. 373–381) are amended by

inserting ‘‘and for the period of October 1, 2003, through February

29, 2004,’’ after ‘‘2003’’.

(s) NEW JERSEY URBAN CORE PROJECT.—Subparagraphs (A),

(B), and (C) of section 3031(a)(3) of the Intermodal Surface
H. R. 3087—17

Transportation Efficiency Act of 1991 (105 Stat. 2122; 112 Stat.

379) are amended by inserting ‘‘and for the period of October

1, 2003, through February 29, 2004,’’ after ‘‘2003,’’.

(t) TREATMENT OF FUNDS.—Amounts made available under the

amendments made by this section shall be treated for purposes

of section 1101(b) of the Transportation Equity Act for the 21st

Century (23 U.S.C. 101 note) as amounts made available for programs under title III of such Act.

SEC. 9. SPORT FISHING AND BOATING SAFETY.

(a) FUNDING FOR NATIONAL OUTREACH AND COMMUNICATIONS

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

(1) by striking ‘‘and’’ at the end of paragraph (4);

(2) by inserting ‘‘and’’ after the semicolon at the end of

paragraph (5); and

(3) by inserting after paragraph (5) the following:

‘‘(6) $4,166,667 for the period of October 1, 2003, through

February 29, 2004;’’.

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

(16 U.S.C. 777c(b)) is amended—

(1) by redesignating paragraph (4) as paragraph (5);

(2) by inserting after paragraph (3) the following:

‘‘(4) FIRST 5 MONTHS OF FISCAL YEAR 2004.—For the period

of October 1, 2003, through February 29, 2004, of the balance

of each annual appropriation remaining after making the distribution under subsection (a), an amount equal to $34,166,667,

reduced by 82 percent of the amount appropriated for that

fiscal year from the Boat Safety Account of the Aquatic

Resources Trust Fund established by section 9504 of the

Internal Revenue Code of 1986 to carry out the purposes of

section 13106(a) of title 46, United States Code, shall be used

as follows:

‘‘(A) $4,166,667 shall be available to the Secretary of

the Interior for 3 fiscal years for obligation for qualified

projects under section 5604(c) of the Clean Vessel Act of

1992 (33 U.S.C. 1322 note).

‘‘(B) $3,333,333 shall be available to the Secretary of

the Interior for 3 fiscal years for obligation for qualified

projects under section 7404(d) of the Sportfishing and

Boating Safety Act of 1998 (16 U.S.C. 777g–1(d)).

‘‘(C) The balance remaining after the application of

subparagraphs (A) and (B) shall be transferred to the Secretary of Transportation and shall be expended for State

recreational boating safety programs under section 13106

of title 46, United States Code.’’.

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

States Code, is amended to read as follows:

‘‘(c) Of the amount transferred to the Secretary of Transportation under paragraph (4) of section 4(b) of the Dingell-Johnson

Sport Fish Restoration Act (16 U.S.C. 777c(b)), $2,083,333 is available to the Secretary for payment of expenses of the Coast Guard

for personnel and activities directly related to coordinating and

carrying out the national recreational boating safety program under

this title, of which $833,333 shall be available to the Secretary

only to ensure compliance with chapter 43 of this title. No funds

available to the Secretary under this subsection may be used to
H. R. 3087—18

replace funding traditionally provided through general appropriations, nor for any purposes except those purposes authorized by

this section. Amounts made available by this subsection shall

remain available until expended. The Secretary shall publish

annually in the Federal Register a detailed accounting of the

projects, programs, and activities funded under this subsection.’’.

SEC. 10. BUDGET LIMITATIONS.

(a) ADJUSTMENTS TO ANNUALIZED DISCRETIONARY SPENDING

LIMITS.—In the matter that precedes subparagraph (A) of section

251(b)(2) of the Balanced Budget and Emergency Deficit Control

Act of 1985, strike ‘‘through 2002’’.

(b) DISCRETIONARY SPENDING LIMITS.—Section 251(c) of the

Balanced Budget and Emergency Deficit Control Act of 1985 is

amended as follows:

(1) Strike paragraphs (1) through (7) and redesignate paragraph (8) (which relates to fiscal year 2004) as paragraph

(1) and in such redesignated paragraph strike ‘‘(1) with respect

to fiscal year 2004’’, redesignate the remaining matter as

subparagraph (C), and before such redesignated matter insert

the following:

‘‘(1) with respect to fiscal year 2004—

‘‘(A) for the highway category: $31,834,000,000 in outlays;

‘‘(B) for the mass transit category: $1,462,000,000 in

new budget authority and $6,629,000,000 in outlays; and’’.

(2) Redesignate paragraphs (9) through (16) as paragraphs

(2) through (9).

(c) CATEGORY DEFINED.—Section 250(c)(4) of the Balanced

Budget and Emergency Deficit Control Act of 1985 is amended—

(1) in subparagraph (B) by inserting after ‘‘Century’’ the

following: ‘‘and the Surface Transportation Extension Act of

2003’’; and

(2) in subparagraph (C)—

(A) by inserting after ‘‘Century’’ the first place it

appears the following: ‘‘and the Surface Transportation

Extension Act of 2003’’; and

(B) by striking ‘‘that Act’’ and inserting ‘‘those Acts’’.

(d) CONFORMANCE WITH THE CONCURRENT RESOLUTION ON THE

BUDGET FOR FISCAL YEAR 2004.—Notwithstanding any other provision of law, all adjustments made pursuant to section 110(a)(2)

of title 23, United States Code, to sums authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit

Account) to carry out each of the Federal-aid highway and highway

safety construction programs (other than emergency relief) in fiscal

year 2004 shall be deemed to be zero.

(e) SENSE OF CONGRESS ON ADJUSTMENT TO ALIGN HIGHWAY

SPENDING WITH REVENUES.—It is the sense of Congress that, in

any multiyear reauthorization of the Federal-aid highway program,

the alignment of highway spending with revenues under section

251(b)(1)(B)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985 should be restructured to minimize year-to-year

fluctuations in highway spending levels and to ensure the uniform

enforcement of such levels.
H. R. 3087—19

SEC. 11. LEVEL OF OBLIGATION LIMITATIONS.

(a) HIGHWAY CATEGORY.—Section 8103(a) of the Transportation

Equity Act for the 21st Century (2 U.S.C. 901 note; 112 Stat.

492) is amended—

(1) by striking ‘‘and’’ at the end of paragraph (4);

(2) by striking the period at the end of paragraph (5)

and inserting ‘‘; and’’; and

(3) by adding at the end the following:

‘‘(6) for fiscal year 2004, $34,498,000,000.’’.

(b) MASS TRANSIT CATEGORY.—Section 8103(b) of such Act (2

U.S.C. 901 note; 112 Stat. 492) is amended—

(1) by striking ‘‘and’’ at the end of paragraph (4);

(2) by striking the period at the end of paragraph (5)

and inserting ‘‘; and’’; and

(3) by adding at the end the following:

‘‘(6) for fiscal year 2004, $7,303,000,000.’’.

(c) TREATMENT OF FUNDS.—Notwithstanding any other provision of law, funds made available under this Act, including the

amendments made by this Act, shall be deemed to be zero for

the purposes of section 110 of the title 23, United States Code.

SEC. 12. 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

‘‘October 1, 2003’’ and inserting ‘‘March 1, 2004’’,

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

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

(E) and inserting ‘‘, or’’,

(D) by inserting after subparagraph (E), the following

new subparagraph:

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

Fund under the Surface Transportation Extension Act of

2003.’’, and

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

by this paragraph, by striking ‘‘TEA 21 Restoration Act’’

and inserting ‘‘Surface Transportation Extension Act of

2003’’.

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

9503(e) of such Code is amended—

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

‘‘October 1, 2003’’ and inserting ‘‘March 1, 2004’’,

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

of such subparagraph,

(C) in subparagraph (C), by inserting ‘‘or’’ after ‘‘Century,’’,

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

new subparagraph:

‘‘(D) the Surface Transportation Extension Act of

2003,’’, and

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

by this paragraph, by striking ‘‘TEA 21 Restoration Act’’

and inserting ‘‘Surface Transportation Extension Act of

2003’’.
H. R. 3087—20

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

striking ‘‘October 1, 2003’’ and inserting ‘‘March 1, 2004’’.

(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—

(A) in subparagraph (A), by striking ‘‘Wildlife and Sport

Fish Restoration Programs Improvement Act of 2000’’ and

inserting ‘‘Surface Transportation Extension Act of 2003’’,

and

(B) in subparagraphs (B) and (C), by striking ‘‘TEA

21 Restoration Act’’ in each such subparagraph and

inserting ‘‘Surface Transportation Extension Act of 2003’’.

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

of such Code is amended—

(A) by striking ‘‘October 1, 2003’’ and inserting ‘‘March

1, 2004’’, and

(B) by striking ‘‘TEA 21 Restoration Act’’ and inserting

‘‘Surface Transportation Extension Act of 2003’’.

(3) EXCEPTION TO LIMITATION ON TRANSFERS.—Paragraph

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

‘‘October 1, 2003’’ and inserting ‘‘March 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 this Act and

ending on February 29, 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
H. R. 3087—21

(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 this Act.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.