108TH CONGRESS

1ST SESSION H. R. 3087

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 theTransportation Equity Act for the 21st Century.

108TH CONGRESS

1ST SESSION H. R. 3087

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.
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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Surface Transpor5 tation Extension Act of 2003’’.

6 SEC. 2. ADVANCES.

7 (a) IN GENERAL.—The Secretary of Transportation

8 shall apportion funds made available under section

9 1101(c) of the Transportation Equity Act for the 21st

10 Century (112 Stat. 116), as amended by this Act, to each

11 State in the ratio that—

12 (1) the State’s total fiscal year 2003 obligation

13 authority for funds apportioned for the Federal-aid

14 highway program; bears to

15 (2) all States’ total fiscal year 2003 obligation

16 authority for funds apportioned for the Federal-aid

17 highway program.

18 (b) PROGRAMMATIC DISTRIBUTIONS.—

19 (1) PROGRAMS.—Of the funds to be appor20 tioned to each State under subsection (a), the Sec21 retary shall ensure that the State is apportioned an

22 amount of the funds, determined under paragraph

23 (2), for the Interstate maintenance program, the

24 National Highway System program, the bridge pro25 gram, the surface transportation program, the con-
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1 gestion mitigation and air quality improvement pro2 gram, the recreational trails program, the Appa3 lachian development highway system program, and

4 the minimum guarantee.

5 (2) IN GENERAL.—The amount that each State

6 shall be apportioned under this subsection for each

7 item referred to in paragraph (1) shall be deter8 mined by multiplying—

9 (A) the amount apportioned to the State

10 under subsection (a); by

11 (B) the ratio that—

12 (i) the amount of funds apportioned

13 for the item to the State for fiscal year

14 2003; bears to

15 (ii) the total of the amount of funds

16 apportioned for the items to the State for

17 fiscal year 2003.

18 (3) ADMINISTRATION OF FUNDS.—Funds au19 thorized by the amendment made under subsection

20 (d) shall be administered as if the funds had been

21 apportioned, allocated, deducted, or set aside, as the

22 case may be, under title 23, United States Code; ex23 cept that the deductions and set-asides in the fol24 lowing sections of such title shall not apply to such

25 funds: sections 104(a)(1)(A), 104(a)(1)(B),
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1 104(b)(1)(A), 104(d)(1), 104(d)(2), 104(f)(1),

2 104(h)(1), 118(c)(1), 140(b), 140(c), and 144(g)(1).

3 (4) SPECIAL RULES FOR MINIMUM GUAR4 ANTEE.—In carrying out the minimum guarantee

5 under section 105(c) of title 23, United States Code,

6 with funds apportioned under this section for the

7 minimum guarantee, the $2,800,000,000 set forth in

8 paragraph (1) of such section 105(c) shall be treated

9 as being $1,166,666,667 and the aggregate of

10 amounts apportioned to the States under this sec11 tion for the minimum guarantee shall be treated, for

12 purposes of such section 105(c), as amounts made

13 available under section 105 of such title.

14 (5) EXTENSION OF OFF-SYSTEM BRIDGE SET15 ASIDE.—Section 144(g)(3) of title 23, United States

16 Code, is amended by inserting after ‘‘2003’’ the fol17 lowing: ‘‘and in the period of October 1, 2003,

18 through February 29, 2004,’’.

19 (c) REPAYMENT FROM FUTURE APPORTION20 MENTS.—

21 (1) IN GENERAL.—The Secretary shall reduce

22 the amount that would be apportioned, but for this

23 section, to a State for programs under chapter 1 of

24 title 23, United States Code, for fiscal year 2004,

25 under a law reauthorizing the Federal-aid highway
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1 program enacted after the date of enactment of this

2 Act by the amount that is apportioned to each State

3 under subsection (a) and section 5(c) for each such

4 program.

5 (2) PROGRAM CATEGORY RECONCILIATION.—

6 The Secretary may establish procedures under which

7 funds apportioned under subsection (a) for a pro8 gram category for which funds are not authorized

9 under a law described in paragraph (1) may be re10 stored to the Federal-aid highway program.

11 (d) AUTHORIZATION OF CONTRACT AUTHORITY.—

12 Section 1101 of the Transportation Equity Act for the

13 21st Century (112 Stat. 111–115) is amended by adding

14 at the end the following:

15 ‘‘(c) ADVANCE AUTHORIZATION.—

16 ‘‘(1) IN GENERAL.—There shall be available

17 from the Highway Trust Fund (other than the Mass

18 Transit Account) to carry out section 2(a) of the

19 Surface Transportation Extension Act of 2003

20 $13,483,458,333 for the period of October 1, 2003,

21 through February 29, 2004.

22 ‘‘(2) SPECIAL RULE.—Funds apportioned under

23 section 2(a) of the Surface Transportation Exten24 sion Act of 2003 shall be subject to a limitation on
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1 obligations for Federal-aid highways and highway

2 safety construction programs.

3 ‘‘(3) CONTRACT AUTHORITY.—Funds made

4 available by this subsection shall be available for ob5 ligation in the same manner as if such funds were

6 apportioned under chapter 1 of title 23, United

7 States Code.’’.

8 (e) LIMITATION ON OBLIGATIONS.—

9 (1) IN GENERAL.—Subject to paragraph (2),

10 for the period of October 1, 2003, through February

11 29, 2004, the Secretary shall allocate to each State

12 for programs funded under this section and section

13 5(c) an amount of obligation authority made avail14 able under an Act making appropriations for the De15 partment of Transportation for fiscal year 2004 that

16 is—

17 (A) equal to the greater of—

18 (i) the State’s unobligated balance, as

19 of October 1, 2003, of Federal-aid highway

20 apportionments subject to any limitation

21 on obligations; except that unobligated bal22 ances of contract authority from minimum

23 guarantee and Appalachian development

24 highway system apportionments for which

25 obligation authority was made available
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1 until used shall not be included for pur2 poses of calculating a State’s unobligated

3 balance of apportionments for this clause;

4 or

(ii) 5 5 ⁄12 of the State’s total fiscal year

6 2003 obligation authority for funds appor7 tioned for the Federal-aid highway pro8 gram; but

9 (B) not greater than 75 percent of the

10 State’s total fiscal year 2003 obligation author11 ity for funds apportioned for the Federal-aid

12 highway program.

13 (2) LIMITATION ON AMOUNT.—The total of all

14 allocations under paragraph (1) and allocations, for

15 programs funded under sections 4, 5 (other than

16 subsection (c)), and 6(a) of this Act, of obligation

17 authority made available under an Act making ap18 propriations for the Department of Transportation

19 for fiscal year 2004 shall not exceed

20 $14,101,250,000; except that this limitation shall

21 not apply to $266,250,000 in obligations for min22 imum guarantee for the period of October 1, 2003,

23 through February 29, 2004.

24 (3) TIME PERIOD FOR OBLIGATIONS OF

25 FUNDS.—A State shall not obligate any funds for
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1 any Federal-aid highway program project after Feb2 ruary 29, 2004, until the date of enactment of a

3 multiyear law reauthorizing the Federal-aid highway

4 program.

5 (4) TREATMENT OF OBLIGATIONS.—Any obliga6 tion of an allocation of obligation authority made

7 under this subsection shall be considered to be an

8 obligation for Federal-aid highways and highway

9 safety construction programs for fiscal year 2004 for

10 the purposes of the matter under the heading

11 ‘‘(LIMITATION ON OBLIGATIONS)’’ under the

12 heading ‘‘FEDERAL-AID HIGHWAYS’’ in an Act

13 making appropriations for the Department of Trans14 portation for fiscal year 2004.

15 SEC. 3. TRANSFERS OF UNOBLIGATED APPORTIONMENTS.

16 (a) IN GENERAL.—In addition to any other authority

17 of a State to transfer funds, for fiscal year 2004, a State

18 may transfer any funds apportioned to the State for any

19 program under section 104(b) (including amounts appor20 tioned under section 104(b)(3) or set aside, made avail21 able, or suballocated under section 133(d)) or section 144

22 of title 23, United States Code, before, on, or after the

23 date of enactment of this Act, that are subject to any limi24 tation on obligations, and that are not obligated, to any

25 other of those programs.
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1 (b) TREATMENT OF TRANSFERRED FUNDS.—Any

2 funds transferred to another program under subsection (a)

3 shall be subject to the provisions of the program to which

4 the funds are transferred, except that funds transferred

5 to a program under section 133 (other than subsections

6 (d)(1) and (d)(2)) of title 23, United States Code, shall

7 not be subject to section 133(d) of that title.

8 (c) RESTORATION OF APPORTIONMENTS.—

9 (1) IN GENERAL.—As soon as practicable after

10 the date of enactment of a law reauthorizing the

11 Federal-aid highway program enacted after the date

12 of enactment of this Act, the Secretary of Transpor13 tation shall restore any funds that a State trans14 ferred under subsection (a) for any project not eligi15 ble for the funds but for this section to the program

16 category from which the funds were transferred.

17 (2) PROGRAM CATEGORY RECONCILIATION.—

18 The Secretary may establish procedures under which

19 funds transferred under subsection (a) from a pro20 gram category for which funds are not authorized

21 may be restored to the Federal-aid highway pro22 gram.

23 (3) LIMITATION ON STATUTORY CONSTRUC24 TION.—No provision of law, except a statute enacted

25 after the date of enactment of this Act that ex-
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1 pressly limits the application of this subsection, shall

2 impair the authority of the Secretary to restore

3 funds pursuant to this subsection.

4 (d) GUIDANCE.—The Secretary may issue guidance

5 for use in carrying out this section.

6 SEC. 4. ADMINISTRATIVE EXPENSES.

7 (a) AUTHORIZATION OF CONTRACT AUTHORITY.—

8 There shall be available from the Highway Trust Fund

9 (other than the Mass Transit Account) for administrative

10 expenses of the Federal-aid highway program

11 $187,500,000 for fiscal year 2004.

12 (b) CONTRACT AUTHORITY.—Funds made available

13 by this section shall be available for obligation in the same

14 manner as if such funds were apportioned under chapter

15 1 of title 23, United States Code, and shall be subject

16 to a limitation on obligations for Federal-aid highways and

17 highway safety construction programs; except that such

18 funds shall remain available until expended.

19 SEC. 5. OTHER FEDERAL-AID HIGHWAY PROGRAMS.

20 (a) AUTHORIZATION OF APPROPRIATIONS UNDER

21 TITLE I OF TEA21.—

22 (1) FEDERAL LANDS HIGHWAYS.—

23 (A) INDIAN RESERVATION ROADS.—Sec24 tion 1101(a)(8)(A) of the Transportation Eq-
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1 uity Act for the 21st Century (112 Stat. 112)

2 is amended—

3 (i) by inserting before the period at

4 the end the following: ‘‘and $114,583,333

5 for the period of October 1, 2003, through

6 February 29, 2004’’; and

7 (ii) by adding at the end the fol8 lowing: ‘‘The minimum amount made

9 available for such period that the Sec10 retary, in cooperation with the Secretary of

11 the Interior, shall reserve for Indian res12 ervation road bridges under section

13 202(d)(4) of title 23, United States Code,

14 shall be $5,416,667 instead of

15 $13,000,000.’’.

16 (B) PUBLIC LANDS HIGHWAYS.—Section

17 1101(a)(8)(B) of such Act (112 Stat. 112) is

18 amended by inserting before the period at the

19 end the following: ‘‘and $102,500,000 for the

20 period of October 1, 2003, through February

21 29, 2004’’.

22 (C) PARK ROADS AND PARKWAYS.—Sec23 tion 1101(a)(8)(C) of such Act (112 Stat. 112)

24 is amended by inserting before the period at the

25 end the following: ‘‘and $68,750,000 for the pe-
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1 riod of October 1, 2003, through February 29,

2 2004’’.

3 (D) REFUGE ROADS.—Section

4 1101(a)(8)(D) of such Act (112 Stat. 112) is

5 amended by inserting before the period at the

6 end the following: ‘‘and $8,333,333 for the pe7 riod of October 1, 2003, through February 29,

8 2004’’.

9 (2) NATIONAL CORRIDOR PLANNING AND DE10 VELOPMENT AND COORDINATED BORDER INFRA11 STRUCTURE PROGRAMS.—Section 1101(a)(9) of such

12 Act (112 Stat. 112) is amended by inserting before

13 the period at the end the following: ‘‘and

14 $58,333,333 for the period of October 1, 2003,

15 through February 29, 2004’’.

16 (3) CONSTRUCTION OF FERRY BOATS AND

17 FERRY TERMINAL FACILITIES.—

18 (A) IN GENERAL.—Section 1101(a)(10) of

19 such Act (112 Stat. 113) is amended by insert20 ing before the period at the end the following:

21 ‘‘and $15,833,333 for the period of October 1,

22 2003, through February 29, 2004’’.

23 (B) SET ASIDE FOR ALASKA, NEW JERSEY,

24 AND WASHINGTON.—To carry out section 1064

25 of the Intermodal Surface Transportation Effi-
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1 ciency Act of 1991 (23 U.S.C. 129 note; 105

2 Stat. 2005; 112 Stat. 185), of funds made

3 available by the amendment made by subpara4 graph (A)—

5 (i) $4,166,667 shall be available for

6 section 1064(d)(2);

7 (ii) $2,083,333 shall be available for

8 section 1064(d)(3); and

9 (iii) $2,083,333 shall be available for

10 section 1064(d)(4).

11 (4) NATIONAL SCENIC BYWAYS PROGRAM.—

12 Section 1101(a)(11) of the Transportation Equity

13 Act for the 21st Century (112 Stat. 113) is

14 amended—

15 (A) by striking ‘‘and’’ the last place it ap16 pears; and

17 (B) by inserting before the period at the

18 end the following: ‘‘, and $11,458,333 for the

19 period of October 1, 2003, through February

20 29, 2004’’.

21 (5) VALUE PRICING PILOT PROGRAM.—Section

22 1101(a)(12) of such Act (112 Stat. 113) is

23 amended—

24 (A) by striking ‘‘and’’; and
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1 (B) by inserting before the period at the

2 end the following: ‘‘, and $4,583,333 for the pe3 riod of October 1, 2003, through February 29,

4 2004’’.

5 (6) HIGHWAY USE TAX EVASION PROJECTS.—

6 Section 1101(a)(14) of such Act (112 Stat. 113) is

7 amended by inserting before the period at the end

8 the following: ‘‘and $2,083,333 for the period of Oc9 tober 1, 2003, through February 29, 2004’’.

10 (7) COMMONWEALTH OF PUERTO RICO HIGH11 WAY PROGRAM.—

12 (A) IN GENERAL.—Section 1101(a)(15) of

13 such Act (112 Stat. 113) is amended by insert14 ing before the period at the end the following:

15 ‘‘and $45,833,333 for the period of October 1,

16 2003, through February 29, 2004’’.

17 (B) CONFORMING AMENDMENT.—Section

18 1214(r) of such Act (112 Stat. 209) is amended

19 by striking ‘‘2003’’ and inserting ‘‘2004’’.

20 (8) SAFETY GRANTS.—Section 1212(i)(1)(D) of

21 such Act (23 U.S.C. 402 note; 112 Stat. 196; 112

22 Stat. 840) is amended by inserting before the period

23 at the end the following: ‘‘and $208,333 for the pe24 riod of October 1, 2003, through February 29,

25 2004’’.
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1 (9) TRANSPORTATION AND COMMUNITY AND

2 SYSTEM PRESERVATION PILOT PROGRAM.—Section

3 1221(e)(1) of such Act (23 U.S.C. 101 note; 112

4 Stat. 223) is amended by inserting before the period

5 at the end the following: ‘‘and $10,416,667 for the

6 period of October 1, 2003, through February 29,

7 2004’’.

8 (10) TRANSPORTATION INFRASTRUCTURE FI9 NANCE AND INNOVATION.—Section 188 of title 23,

10 United States Code, is amended—

11 (A) in subsection (a)(1)—

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

13 subparagraph (D);

14 (ii) by striking the period at the end

15 of subparagraph (E) and inserting ‘‘;

16 and’’; and

17 (iii) by adding at the end the fol18 lowing:

19 ‘‘(F) $58,333,333 for the period of Octo20 ber 1, 2003, through February 29, 2004.’’;

21 (B) in subsection (a)(2) by inserting after

22 ‘‘2003’’ the following: ‘‘and $833,333 for the

23 period of October 1, 2003, through February

24 29, 2004’’; and

25 (C) in subsection (c)—
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1 (i) by striking ‘‘2003’’ and inserting

2 ‘‘2004’’; and

3 (ii) by striking the period at the end

4 of the table and inserting the following:

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

5 (b) AUTHORIZATION OF APPROPRIATIONS UNDER

6 TITLE V OF TEA21.—

7 (1) SURFACE TRANSPORTATION RESEARCH.—

8 Section 5001(a)(1) of the Transportation Equity Act

9 for the 21st Century (112 Stat. 419) is amended—

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

11 ‘‘2002,’’; and

12 (B) by inserting after ‘‘2003’’ the fol13 lowing: ‘‘, and $43,750,000 for the period of

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

15 (2) TECHNOLOGY DEPLOYMENT PROGRAM.—

16 Section 5001(a)(2) of such Act (112 Stat. 419) is

17 amended—

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

19 ‘‘2002,’’; and

20 (B) by inserting after ‘‘2003’’ the fol21 lowing: ‘‘, and $22,916,667 for the period of

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

23 (3) TRAINING AND EDUCATION.—Section

24 5001(a)(3) of such Act (112 Stat. 420) is

25 amended—
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1 (A) by striking ‘‘2002, and’’ and inserting

2 ‘‘2002,’’; and

3 (B) by inserting after ‘‘2003’’ the fol4 lowing: ‘‘, and $8,750,000 for the period of Oc5 tober 1, 2003, through February 29, 2004’’.

6 (4) BUREAU OF TRANSPORTATION STATIS7 TICS.—Section 5001(a)(4) of such Act (112 Stat.

8 420) is amended by inserting before the period at

9 the end the following: ‘‘, and $12,916,667 for the

10 period of October 1, 2003, through February 29,

11 2004’’.

12 (5) ITS STANDARDS, RESEARCH, OPERATIONAL

13 TESTS, AND DEVELOPMENT.—Section 5001(a)(5) of

14 such Act (112 Stat. 420) is amended—

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

16 ‘‘2002,’’; and

17 (B) by inserting after ‘‘2003’’ the fol18 lowing: ‘‘, and $47,916,667 for the period of

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

20 (6) ITS DEPLOYMENT.—Section 5001(a)(6) of

21 such Act (112 Stat. 420) is amended—

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

23 ‘‘2002,’’; and
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1 (B) by inserting after ‘‘2003’’ the fol2 lowing: ‘‘, and $51,666,667 for the period of

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

4 (7) UNIVERSITY TRANSPORTATION RE5 SEARCH.—Section 5001(a)(7) of such Act (112 Stat.

6 420) is amended—

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

8 ‘‘2002,’’; and

9 (B) by inserting after ‘‘2003’’ the fol10 lowing: ‘‘, and $11,250,000 for the period of

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

12 (c) METROPOLITAN PLANNING.—

13 (1) AUTHORIZATION OF CONTRACT AUTHOR14 ITY.—There shall be available from the Highway

15 Trust Fund (other than the Mass Transit Account)

16 to carry out section 134 of title 23, United States

17 Code, $100,000,000 for the period of October 1,

18 2003, through February 29, 2004.

19 (2) DISTRIBUTION OF FUNDS.—The Secretary

20 shall distribute funds made available by this sub21 section to the States in accordance with section

22 104(f)(2) of title 23, United States Code.

23 (3) CONTRACT AUTHORITY.—Funds made

24 available by this subsection shall be available for ob25 ligation in the same manner as if such funds were
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1 apportioned under chapter 1 of title 23, United

2 States Code, and shall be subject to a limitation on

3 obligations for Federal-aid highways and highway

4 safety construction programs.

5 (d) TERRITORIES.—Section 1101 of the Transpor6 tation Equity Act for the 21st Century (112 Stat. 111–

7 115) is further amended by adding at the end the fol8 lowing:

9 ‘‘(d) TERRITORIES.—

10 ‘‘(1) IN GENERAL.—In lieu of the amounts de11 ducted under section 104(b)(1) of title 23, United

12 States Code, there shall be available from the High13 way Trust Fund (other than the Mass Transit Ac14 count) for the Virgin Islands, Guam, American

15 Samoa, and the Commonwealth of the Northern

16 Mariana Islands $15,166,667 for the period of Octo17 ber 1, 2003, through February 29, 2004.

18 ‘‘(2) CONTRACT AUTHORITY.—Funds made

19 available by this subsection shall be available for ob20 ligation in the same manner as if the funds were ap21 portioned under chapter 1 of title 23, United States

22 Code, and shall be subject to a limitation on obliga23 tions for Federal-aid highways and highway safety

24 construction programs.’’.
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1 (e) ALASKA HIGHWAY.—Section 1101 of such Act is

2 further amended by adding at the end the following:

3 ‘‘(e) ALASKA HIGHWAY.—

4 ‘‘(1) IN GENERAL.—In lieu of the amounts de5 ducted under section 104(b)(1) of title 23, United

6 States Code, there shall be available from the High7 way Trust Fund (other than the Mass Transit Ac8 count) for the Alaska Highway program under sec9 tion 218 of such title $7,833,333 for the period of

10 October 1, 2003, through February 29, 2004.

11 ‘‘(2) CONTRACT AUTHORITY.—Funds made

12 available by this subsection shall be available for ob13 ligation in the same manner as if the funds were ap14 portioned under chapter 1 of title 23, United States

15 Code, and shall be subject to a limitation on obliga16 tions for Federal-aid highways and highway safety

17 construction programs.’’.

18 (f) OPERATION LIFESAVER.—Section 1101 of such

19 Act is further amended by adding at the end the following:

20 ‘‘(f) OPERATION LIFESAVER.—

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

22 aside under section 104(d)(1) of title 23, United

23 States Code, there shall be available from the High24 way Trust Fund (other than the Mass Transit Ac25 count) to carry out the operation lifesaver program
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1 under such section $208,333 for the period of Octo2 ber 1, 2003, through February 29, 2004.

3 ‘‘(2) CONTRACT AUTHORITY.—Funds made

4 available by this subsection shall be available for ob5 ligation in the same manner as if the funds were ap6 portioned under chapter 1 of title 23, United States

7 Code, and shall be subject to a limitation on obliga8 tions for Federal-aid highways and highway safety

9 construction programs.’’.

10 (g) BRIDGE DISCRETIONARY.—Section 1101 of such

11 Act is further amended by adding at the end the following:

12 ‘‘(g) BRIDGE DISCRETIONARY.—

13 ‘‘(1) IN GENERAL.—There shall be available

14 from the Highway Trust Fund (other than the Mass

15 Transit Account) $41,666,667 to the Secretary at

16 the discretion of the Secretary to carry out section

17 144(g) of title 23, United States Code, for the pe18 riod of October 1, 2003, through February 29,

19 2004.

20 ‘‘(2) CONTRACT AUTHORITY.—Funds made

21 available by this subsection shall be available for ob22 ligation in the same manner as if the funds were ap23 portioned under chapter 1 of title 23, United States

24 Code, and shall be subject to a limitation on obliga-
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1 tions for Federal-aid highways and highway safety

2 construction programs.’’.

3 (h) INTERSTATE MAINTENANCE.—Section 1101 of

4 such Act is further amended by adding at the end the fol5 lowing:

6 ‘‘(h) INTERSTATE MAINTENANCE.—

7 ‘‘(1) IN GENERAL.—There shall be available

8 from the Highway Trust Fund (other than the Mass

9 Transit Account) $41,666,667 to the Secretary to

10 carry out projects described in section 118(c)(1) of

11 title 23, United States Code, for the period of Octo12 ber 1, 2003, through February 29, 2004.

13 ‘‘(2) PROJECT SELECTION CRITERIA.—The

14 project selection criteria in section 118(c)(2) of such

15 title shall apply to amounts made available by this

16 subsection.

17 ‘‘(3) CONTRACT AUTHORITY.—Funds made

18 available by this subsection shall be available for ob19 ligation in the same manner as if the funds were ap20 portioned under chapter 1 of title 23, United States

21 Code, and shall be subject to a limitation on obliga22 tions for Federal-aid highways and highway safety

23 construction programs; except that such funds shall

24 remain available until expended.’’.
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1 (i) RECREATIONAL TRAILS ADMINISTRATIVE

2 COSTS.—Section 1101 of such Act is further amended by

3 adding at the end the following:

4 ‘‘(i) RECREATIONAL TRAILS ADMINISTRATIVE

5 COSTS.—

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

7 deducted under section 104(h)(1) of title 23, United

8 States Code, there shall be available from the High9 way Trust Fund (other than the Mass Transit Ac10 count) to the Secretary to cover costs of the Sec11 retary described in such section $312,500 for the pe12 riod of October 1, 2003, through February 29,

13 2004.

14 ‘‘(2) CONTRACT AUTHORITY.—Funds made

15 available by this subsection shall be available for ob16 ligation in the same manner as if the funds were ap17 portioned under chapter 1 of title 23, United States

18 Code, and shall be subject to a limitation on obliga19 tions for Federal-aid highways and highway safety

20 construction programs.’’.

21 (j) RAILWAY-HIGHWAY CROSSING HAZARD ELIMI22 NATION IN HIGH SPEED RAIL CORRIDORS.—Section 1101

23 of such Act is further amended by adding at the end the

24 following:
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1 ‘‘(j) RAILWAY-HIGHWAY CROSSING HAZARD ELIMI2 NATION IN HIGH SPEED RAIL CORRIDORS.—

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

4 deducted under section 104(d)(2) of title 23, United

5 States Code, there shall be available from the High6 way Trust Fund (other than the Mass Transit Ac7 count) to the Secretary for elimination of hazards of

8 railway-highway crossings in accordance with such

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

10 2003, through February 29, 2004; except that not

11 less than $104,167 instead of $250,000 shall be

12 available for the period of October 1, 2003, through

13 February 29, 2004, for eligible improvements de14 scribed in subparagraph (E) of such section.

15 ‘‘(2) CONTRACT AUTHORITY.—Funds made

16 available by this subsection shall be available for ob17 ligation in the same manner as if the funds were ap18 portioned under chapter 1 of title 23, United States

19 Code, and shall be subject to a limitation on obliga20 tions for Federal-aid highways and highway safety

21 construction programs.’’.

22 (k) NONDISCRIMINATION.—Section 1101 of such Act

23 is further amended by adding at the end the following:

24 ‘‘(k) NONDISCRIMINATION.—
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1 ‘‘(1) SKILLS TRAINING.—In lieu of the amount

2 to be deducted under section 140(b) of title 23,

3 United States Code, there shall be available from the

4 Highway Trust Fund (other than the Mass Transit

5 Account) to the Secretary for the administration of

6 such section $4,166,667 for the period of October 1,

7 2003, through February 29, 2004.

8 ‘‘(2) ON-THE-JOB TRAINING.—In lieu of the

9 amount to be deducted under section 140(c) of title

10 23, United States Code, there shall be available from

11 the Highway Trust Fund (other than the Mass

12 Transit Account) to the Secretary for the adminis13 tration of such section $4,166,667 for the period of

14 October 1, 2003, through February 29, 2004.

15 ‘‘(3) CONTRACT AUTHORITY.—Funds made

16 available by this subsection shall be available for ob17 ligation in the same manner as if the funds were ap18 portioned under chapter 1 of title 23, United States

19 Code, and shall be subject to a limitation on obliga20 tions for Federal-aid highways and highway safety

21 construction programs; except that funds made

22 available by paragraph (1) shall remain available

23 until expended.’’.

24 (l) ADMINISTRATION OF FUNDS.—Funds authorized

25 by the amendments made by this section shall be adminis-
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1 tered as if the funds had been apportioned, allocated, de2 ducted, or set aside, as the case may be, under title 23,

3 United States Code, except that the deductions under sec4 tions 104(a)(1)(A) and 104(a)(1)(B) of such title shall not

5 apply to funds made available by the amendment made

6 by subsection (a)(1) of this section.

7 (m) REDUCTION OF ALLOCATED PROGRAMS.—The

8 Secretary of Transportation shall reduce the amount that

9 would be made available, but for this section, for fiscal

10 year 2004 for allocation under a program, that is contin11 ued both by a law reauthorizing such program enacted

12 after the date of enactment of this Act and by this section,

13 by the amount made available for such program by this

14 section.

15 (n) PROGRAM CATEGORY RECONCILIATION.—The

16 Secretary may establish procedures under which funds al17 located under this section for fiscal year 2004 for a pro18 gram category for which funds are not authorized for fis19 cal year 2004 under a multiyear law reauthorizing the

20 Federal-aid highway program enacted after the date of en21 actment of this Act may be restored to the Federal-aid

22 highway program.

23 SEC. 6. EXTENSION OF HIGHWAY SAFETY PROGRAMS.

24 (a) CHAPTER 1 HIGHWAY SAFETY PROGRAMS.—
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1 (1) SEAT BELT SAFETY INCENTIVE GRANTS.—

2 Section 157 of title 23, United States Code, is

3 amended—

4 (A) in subsection (a)(3) by striking

5 ‘‘2001’’ and inserting ‘‘2002’’;

6 (B) in subsection (a)(8)(B) by striking

7 ‘‘2001’’ and inserting ‘‘2002’’;

8 (C) in subsection (b) by striking ‘‘2002’’

9 and inserting ‘‘2003’’;

10 (D) in subsection (c)(1) by striking

11 ‘‘2002’’ and inserting ‘‘2003’’;

12 (E) in subsection (c)(2) by striking

13 ‘‘2002’’ and inserting ‘‘2003’’;

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

15 and inserting ‘‘2003’’;

16 (G) in subsection (g)(1)—

17 (i) by striking ‘‘and’’; and

18 (ii) by inserting before the period at

19 the end the following: ‘‘, and $46,666,667

20 for the period of October 1, 2003, through

21 February 29, 2004’’;

22 (H) in the heading to subsection (g)(3)(B)

23 by striking ‘‘2003’’ and inserting ‘‘2004’’; and

24 (I) in subsection (g)(3)(B) by striking

25 ‘‘2003’’ and inserting ‘‘2004’’.
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1 (2) PREVENTION OF INTOXICATED DRIVER IN2 CENTIVE GRANTS.—Section 163(e)(1) of such title is

3 amended—

4 (A) by striking ‘‘and’’; and

5 (B) by inserting before the period at the

6 end the following: ‘‘, and $50,000,000 for the

7 period of October 1, 2003, through February

8 29, 2004’’.

9 (b) CHAPTER 4 HIGHWAY SAFETY PROGRAMS.—Sec10 tion 2009(a)(1) of the Transportation Equity Act for the

11 21st Century (112 Stat. 337) is amended—

12 (1) by striking ‘‘and’’; and

13 (2) by inserting before the period at the end the

14 following: ‘‘, and $68,750,000 for the period of Oc15 tober 1, 2003, through February 29, 2004’’.

16 (c) HIGHWAY SAFETY RESEARCH AND DEVELOP17 MENT.—Section 2009(a)(2) of such Act (112 Stat. 337)

18 is amended by inserting after ‘‘2003’’ the following: ‘‘, and

19 $30,000,000 for the period of October 1, 2003, through

20 February 29, 2004’’.

21 (d) OCCUPANT PROTECTION INCENTIVE GRANTS.—

22 Section 2009(a)(3) of such Act (112 Stat. 337) is

23 amended—

24 (1) by striking ‘‘and’’; and
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1 (2) by inserting before the period at the end the

2 following: ‘‘, and $8,333,333 for the period of Octo3 ber 1, 2003, through February 29, 2004’’.

4 (e) ALCOHOL-IMPAIRED DRIVING COUNTER5 MEASURES INCENTIVE GRANTS.—

6 (1) EXTENSION OF PROGRAM.—Section 410 of

7 title 23, United States Code, is amended—

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

9 and inserting ‘‘7’’; and

10 (B) in subsection (a)(4)(C) by striking

11 ‘‘and sixth’’ and inserting ‘‘, sixth, and sev12 enth’’; and

13 (2) AUTHORIZATION OF APPROPRIATIONS.—

14 Section 2009(a)(4) of such Act (112 Stat. 337) is

15 amended—

16 (A) by striking ‘‘and’’ the last place it ap17 pears; and

18 (B) by inserting before the period at the

19 end the following: ‘‘, and $16,666,667 for the

20 period of October 1, 2003, through February

21 29, 2004’’.

22 (f) NATIONAL DRIVER REGISTER.—Section

23 2009(a)(6) of such Act (112 Stat. 338) is amended by

24 inserting after ‘‘2003’’ the following: ‘‘, and $833,333 for
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1 the period of October 1, 2003, through February 29,

2 2004’’.

3 (g) ALLOCATIONS.—Section 2009(b) of such Act

4 (112 Stat. 338) is amended—

5 (1) in paragraph (1) by striking ‘‘2003’’ and in6 serting ‘‘2004’’; and

7 (2) in paragraph (2) by striking ‘‘2003’’ and in8 serting ‘‘2004’’.

9 (h) APPLICABILITY OF TITLE 23.—Section 2009(c)

10 of such Act (112 Stat. 338) is amended by striking

11 ‘‘2003’’ and inserting ‘‘2004’’.

12 SEC. 7. EXTENSION OF MOTOR CARRIER SAFETY PROGRAM.

13 (a) ADMINISTRATIVE EXPENSES.—

14 (1) IN GENERAL.—There shall be available

15 from the Highway Trust Fund (other than the Mass

16 Transit Account) for the Secretary of Transpor17 tation to pay administrative expenses of the Federal

18 Motor Carrier Safety Administration $71,487,500

19 for the period of October 1, 2003, through February

20 29, 2004.

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

22 subsection may be used for personnel costs; adminis23 trative infrastructure; rent; information technology;

24 and programs for research and technology, regu-
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1 latory development, and other operating expenses

2 and similar matters.

3 (b) MOTOR CARRIER SAFETY ASSISTANCE PRO4 GRAM.—Section 31104(a) of title 49, United States Code,

5 is amended by adding at the end the following:

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

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

8 (c) INFORMATION SYSTEMS AND COMMERCIAL DRIV9 ER’S LICENSE GRANTS.—

10 (1) AUTHORIZATION OF APPROPRIATION.—Sec11 tion 31107(a) of such title is amended—

12 (A) by striking ‘‘and’’ at the end of para13 graph (2);

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

15 paragraph (3) and inserting a semicolon;

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

17 paragraph (4) and inserting ‘‘; and’’; and

18 (D) by adding at the end the following:

19 ‘‘(5) $8,333,333 for the period of October 1,

20 2003 through February 29, 2004.’’.

21 (2) EMERGENCY CDL GRANTS.—From amounts

22 made available by section 31107(a) of title 49,

23 United States Code, for the period of October 1,

24 2003 through February 29, 2004, the Secretary of

25 Transportation may make grants of up to $416,667
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1 to a State whose commercial driver’s license pro2 gram may fail to meet the compliance requirements

3 of section 31311(a) of such title.

4 (d) CRASH CAUSATION STUDY.—There shall be avail5 able from the Highway Trust Fund (other than the Mass

6 Transit Account) for the Federal Motor Carrier Safety

7 Administration to continue the crash causation study re8 quired by section 224 of the Motor Carrier Safety Im9 provement Act of 1999 (49 U.S.C. 31100 note; 113 Stat.

10 1770–1771), $416,667 for the period of October 1, 2003

11 through February 29, 2004.

12 (e) CONTRACT AUTHORITY.—Funds made available

13 by this section shall be available for obligation in the same

14 manner as if such funds were apportioned under chapter

15 1 of title 23, United States Code.

16 SEC. 8. EXTENSION OF FEDERAL TRANSIT PROGRAMS.

17 (a) ALLOCATING AMOUNTS.—Section 5309(m) of

18 title 49, United States Code, is amended—

19 (1) in paragraph (1) by inserting ‘‘and for the

20 period of October 1, 2003, through February 29,

21 2004’’ after ‘‘2003’’;

22 (2) in paragraph (2)(B) by inserting after

23 clause (ii) the following:

24 ‘‘(iii) OCTOBER 1, 2003 THROUGH FEB25 RUARY 29, 2004.—Of the amounts made
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1 available under paragraph (1)(B),

2 $4,333,333 shall be available for the period

3 of October 1, 2003, through February 29,

4 2004, for capital projects described in

5 clause (i).’’;

6 (3) in paragraph (3)(B) by inserting after

7 ‘‘2003’’ the following: ‘‘(and $1,250,000 shall be

8 available for the period October 1, 2003, through

9 February 29, 2004)’’; and

10 (4) in paragraph (3)(C) by inserting after

11 ‘‘2003’’ the following: ‘‘(and $20,833,334 shall be

12 available for the period October 1, 2003, through

13 February 29, 2004)’’.

14 (b) APPORTIONMENT OF APPROPRIATIONS FOR

15 FIXED GUIDEWAY MODERNIZATION.—

16 (1) SPECIAL RULE FOR OCTOBER 1, 2003

17 THROUGH FEBRUARY 29, 2004.—The Secretary of

18 Transportation shall determine the amount that

19 each urbanized area is to be apportioned for fixed

20 guideway modernization under section 5337 of title

21 49, United States Code, on a pro rata basis to re22 flect the partial fiscal year 2004 funding made avail23 able by sections 5338(b)(2)(A)(vi) and

24 5338(b)(2)(B)(vi) of such title.
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1 (2) TECHNICAL AMENDMENT.—Section 5337 of

2 such title is amended by striking the first subsection

3 (e), relating to special rule.

4 (c) FORMULA GRANTS AUTHORIZATIONS.—Section

5 5338(a) of such title is amended—

6 (1) in the heading to paragraph (2) by inserting

7 ‘‘AND FOR THE PERIOD OF OCTOBER 1, 2003,

8 THROUGH FEBRUARY 29, 2004’’ after ‘‘2003’’;

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

10 (2)(A)(iv) and (2)(B)(iv);

11 (3) by striking the period at the end of para12 graphs (2)(A)(v) and (2)(B)(v) and inserting ‘‘;

13 and’’;

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

15 the following:

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

17 October 1, 2003, through February 29,

18 2004.’’;

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

20 the following:

21 ‘‘(vi) $323,459,169 for the period of

22 October 1, 2003, through February 29,

23 2004.’’; and

24 (6) in paragraph (2)(C) by inserting after ‘‘a

25 fiscal year’’ the following: ‘‘(other than for the pe-
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1 riod of October 1, 2003, through February 29,

2 2004)’’.

3 (d) ALLOCATION OF FORMULA GRANT FUNDS FOR

4 OCTOBER 1, 2003, THROUGH FEBRUARY 29, 2004.—Of

5 the aggregate of amounts made available by and appro6 priated under section 5338(a)(2) of title 49, United States

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

8 29, 2004—

9 (1) $2,020,813 shall be available to the Alaska

10 Railroad for improvements to its passenger oper11 ations under section 5307 of such title;

12 (2) $20,833,334 shall be available to carry out

13 section 5308 of such title; and

14 (3) of the remaining amount—

15 (A) 2.4 percent shall be available to pro16 vide transportation services to elderly individ17 uals and individuals with disabilities under sec18 tion 5310 of such title;

19 (B) 6.37 percent shall be available to pro20 vide financial assistance for other than urban21 ized areas under section 5311 of such title; and

22 (C) 91.23 percent shall be available to pro23 vide financial assistance for urbanized areas

24 under section 5307 of such title.
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1 (e) CAPITAL PROGRAM AUTHORIZATIONS.—Section

2 5338(b) of such title is amended—

3 (1) in the heading to paragraph (2) by inserting

4 ‘‘AND FOR THE PERIOD OF OCTOBER 1, 2003,

5 THROUGH FEBRUARY 29, 2004’’ after ‘‘2003’’;

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

7 (2)(A)(iv) and (2)(B)(iv);

8 (3) by striking the period at the end of para9 graphs (2)(A)(v) and (2)(B)(v) and inserting ‘‘;

10 and’’;

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

12 the following:

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

14 October 1, 2003, through February 29,

15 2004.’’; and

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

17 the following:

18 ‘‘(vi) $255,801,669 for the period of

19 October 1, 2003, through February 29,

20 2004.’’.

21 (f) PLANNING AUTHORIZATIONS AND ALLOCA22 TIONS.—Section 5338(c) is amended—

23 (1) in the heading to paragraph (2) by inserting

24 ‘‘AND FOR THE PERIOD OF OCTOBER 1, 2003,

25 THROUGH FEBRUARY 29, 2004’’ after ‘‘2003’’;
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1 (2) by striking ‘‘and’’ at the end of paragraphs

2 (2)(A)(iv) and (2)(B)(iv);

3 (3) by striking the period at the end of para4 graphs (2)(A)(v) and (2)(B)(v) and inserting ‘‘;

5 and’’;

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

7 the following:

8 ‘‘(vi) $24,636,667 for the period of

9 October 1, 2003, through February 29,

10 2004.’’;

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

12 the following:

13 ‘‘(vi) $6,100,000 for the period of Oc14 tober 1, 2003, through February 29,

15 2004.’’; and

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

17 portion of a fiscal year’’ after ‘‘fiscal year’’.

18 (g) RESEARCH AUTHORIZATIONS.—Section 5338(d)

19 of such title is amended—

20 (1) in the heading to paragraph (2) by inserting

21 ‘‘AND FOR THE PERIOD OF OCTOBER 1, 2003,

22 THROUGH FEBRUARY 29, 2004’’ after ‘‘2003’’;

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

24 (2)(A)(iv) and (2)(B)(iv);
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1 (3) by striking the period at the end of para2 graphs (2)(A)(v) and (2)(B)(v) and inserting ‘‘;

3 and’’;

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

5 the following:

6 ‘‘(vi) $16,536,667 for the period of

7 October 1, 2003, through February 29,

8 2004.’’;

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

10 the following:

11 ‘‘(vi) $4,095,000 for the period of Oc12 tober 1, 2003, through February 29,

13 2004.’’; and

14 (6) in paragraph (2)(C) by inserting after ‘‘a

15 fiscal year’’ the following: ‘‘(other than for the pe16 riod of October 1, 2003, through February 29,

17 2004)’’.

18 (h) ALLOCATION OF RESEARCH FUNDS FOR OCTO19 BER 1, 2003, THROUGH FEBRUARY 29, 2004.—Of the

20 funds made available by or appropriated under section

21 5338(d)(2) of title 49, United States Code, for the period

22 of October 1, 2003, through February 29, 2004—

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

24 for providing rural transportation assistance under

25 section 5311(b)(2) of such title;
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1 (2) not less than $3,437,500 shall be available

2 for carrying out transit cooperative research pro3 grams under section 5313(a) of such title;

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

5 to carry out programs under the National Transit

6 Institute under section 5315 of such title, including

7 not more than $416,667 shall be available to carry

8 out section 5315(a)(16) of such title; and

9 (4) the remainder shall be available for carrying

10 out national planning and research programs under

11 sections 5311(b)(2), 5312, 5313(a), 5314, and 5322

12 of such title.

13 (i) UNIVERSITY TRANSPORTATION RESEARCH AU14 THORIZATIONS.—Section 5338(e) of such title is

15 amended—

16 (1) in the heading to paragraph (2) by inserting

17 ‘‘AND FOR THE PERIOD OF OCTOBER 1, 2003,

18 THROUGH FEBRUARY 29, 2004’’ after ‘‘2003’’;

19 (2) in paragraph (2)(A) by inserting after

20 ‘‘2003’’ the following: ‘‘and $2,020,833 for the pe21 riod of October 1, 2003, through February 29,

22 2004’’;

23 (3) in paragraph (2)(B) by inserting after

24 ‘‘2003’’ the following: ‘‘and $505,833 for the period
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1 of October 1, 2003, through February 29, 2004’’;

2 and

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

4 by inserting after ‘‘fiscal year’’ the following: ‘‘(other

5 than for the period of October 1, 2003, through

6 February 29, 2004)’’.

7 (j) ALLOCATION OF UNIVERSITY TRANSPORTATION

8 RESEARCH FUNDS.—

9 (1) IN GENERAL.—Of the amounts made avail10 able under section 5338(e)(2)(A) of title 49, United

11 States Code, for the period October 1, 2003,

12 through February 29, 2004—

13 (A) $833,333 shall be available for the

14 center identified in section 5505(j)(4)(A) of

15 such title; and

16 (B) $833,333 shall be available for the

17 center identified in section 5505(j)(4)(F) of

18 such title.

19 (2) TRAINING AND CURRICULUM DEVELOP20 MENT.—Notwithstanding section 5338(e)(2) of such

21 title, any amounts made available under such section

22 for such period that remain after distribution under

23 paragraph (1), shall be available for the purposes

24 identified in section 3015(d) of the Transportation

25 Equity Act for the 21st Century (112 Stat. 857).
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1 (3) CONFORMING AMENDMENT.—Section

2 3015(d)(2) of the Transportation Equity Act for the

3 21st Century (112 Stat. 857) is amended by insert4 ing ‘‘and in the period October 31, 2003, through

5 February 29, 2004’’ after ‘‘2003’’.

6 (k) ADMINISTRATION AUTHORIZATIONS.—Section

7 5338(f) of such title is amended—

8 (1) in the heading to paragraph (2) by inserting

9 ‘‘AND FOR THE PERIOD OF OCTOBER 1, 2003,

10 THROUGH FEBRUARY 29, 2004’’ after ‘‘2003’’;

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

12 (2)(A)(iv) and (2)(B)(iv);

13 (3) by striking the period at the end of para14 graphs (2)(A)(v) and (2)(B)(v) and inserting ‘‘;

15 and’’;

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

17 the following:

18 ‘‘(vi) $24,585,834 for the period of

19 October 1, 2003, through February 29,

20 2004.’’; and

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

22 the following:

23 ‘‘(vi) $6,150,833 for the period of Oc24 tober 1, 2003, through February 29,

25 2004.’’.
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1 (l) JOB ACCESS AND REVERSE COMMUTE PRO2 GRAM.—Section 3037(l) of the Transportation Equity Act

3 for the 21st Century (49 U.S.C. 5309 note; 112 Stat.

4 391–392) is amended—

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

6 (1)(A)(iv) and (1)(B)(iv);

7 (2) by striking the period at the end of para8 graphs (1)(A)(v) and (1)(B)(v) and inserting ‘‘;

9 and’’;

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

11 the following:

12 ‘‘(vi) $50,519,167 for the period of

13 October 1, 2003, through February 29,

14 2004.’’;

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

16 the following:

17 ‘‘(vi) $12,638,333 for the period of

18 October 1, 2003, through February 29,

19 2004.’’; and

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

21 paragraph (2) the following: ‘‘; except that in the pe22 riod of October 1, 2003, through February 29,

23 2004, $4,166,667 shall be used for such projects’’.
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1 (m) RURAL TRANSPORTATION ACCESSIBILITY IN2 CENTIVE PROGRAM.—Section 3038(g) of such Act (49

3 U.S.C. 5310 note; 112 Stat. 393) is amended—

4 (1) by adding at the end of paragraph (1) the

5 following:

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

7 1, 2003, through February 29, 2004.’’; and

8 (2) in paragraph (2) by inserting after ‘‘2003’’

9 the following: ‘‘(and $708,333 shall be available for

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

11 2004)’’.

12 (n) URBANIZED AREA FORMULA GRANTS.—Section

13 5307(b) of title 49, United States Code, is amended—

14 (1) in the heading to paragraph (2) by inserting

15 ‘‘AND FOR THE PERIOD OF OCTOBER 1, 2003,

16 THROUGH FEBRUARY 29, 2004’’ after ‘‘2003’’;

17 (2) in paragraph (2)(A)—

18 (A) by inserting ‘‘and for the period of Oc19 tober 1, 2003, through February 29, 2004’’

20 after ‘‘2003,’’;

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

22 (ii);

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

24 clause (iii) and inserting ‘‘; and’’; and

25 (D) by adding at the end the following:
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1 ‘‘(iv) a portion of the area was not

2 designated as an urbanized area as deter3 mined under the 1990 Federal decennial

4 census and received assistance under sec5 tion 5311 in fiscal year 2002.’’;

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

7 the following: ‘‘Each portion of an area not des8 ignated as an urbanized area under the 1990 Fed9 eral decennial census and eligible to receive funds

10 under subparagraph (A)(iv) shall receive an amount

11 of funds made available to carry out this section

12 that is no less than the amount the portion of the

13 area received under section 5311 in fiscal year

14 2002.’’.

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

16 Transportation Equity Act for the 21st Century (112

17 Stat. 394) is amended—

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

19 (4);

20 (2) by striking the period at the end of para21 graph (5) and inserting ‘‘; and’’; and

22 (3) by adding at the end the following:

23 ‘‘(6) $3,042,501,691 for the period of October

24 1, 2003, through February 29, 2004.’’.
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1 (p) FUEL CELL BUS AND BUS FACILITIES PRO2 GRAM.—Section 3015(b) of such Act (112 Stat. 361) is

3 amended by inserting ‘‘(or, in the case of the period of

4 October 1, 2003, through February 29, 2004,

5 $2,020,833)’’ after ‘‘$4,850,000’’.

6 (q) ADVANCED TECHNOLOGY PILOT PROJECT.—Sec7 tion 3015(c)(2) of such Act (49 U.S.C. 322 note; 112

8 Stat. 361) is amended—

9 (1) by inserting ‘‘and for the period of October

10 1, 2003, through February 29, 2004, after ‘‘2003,’’;

11 and

12 (2) by inserting ‘‘and $2,083,333 for such pe13 riod’’ after ‘‘$5,000,000 per fiscal year’’.

14 (r) PROJECTS FOR NEW FIXED GUIDEWAY SYSTEMS

15 AND EXTENSIONS TO EXISTING SYSTEMS.—Subsections

16 (a), (b), and (c)(1) of section 3030 of such Act (112 Stat.

17 373–381) are amended by inserting ‘‘and for the period

18 of October 1, 2003, through February 29, 2004,’’ after

19 ‘‘2003’’.

20 (s) NEW JERSEY URBAN CORE PROJECT.—Subpara21 graphs (A), (B), and (C) of section 3031(a)(3) of the

22 Intermodal Surface Transportation Efficiency Act of 1991

23 (105 Stat. 2122; 112 Stat. 379) are amended by inserting

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

25 29, 2004,’’ after ‘‘2003,’’.
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1 (t) TREATMENT OF FUNDS.—Amounts made avail2 able under the amendments made by this section shall be

3 treated for purposes of section 1101(b) of the Transpor4 tation Equity Act for the 21st Century (23 U.S.C. 101

5 note) as amounts made available for programs under title

6 III of such Act.

7 SEC. 9. SPORT FISHING AND BOATING SAFETY.

8 (a) FUNDING FOR NATIONAL OUTREACH AND COM9 MUNICATIONS PROGRAM.—Section 4(c) of the Dingell10 Johnson Sport Fish Restoration Act (16 U.S.C. 777c(c))

11 is amended—

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

13 (4);

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

15 the end of paragraph (5); and

16 (3) by inserting after paragraph (5) the fol17 lowing:

18 ‘‘(6) $4,166,667 for the period of October 1,

19 2003, through February 29, 2004;’’.

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

21 such Act (16 U.S.C. 777c(b)) is amended—

22 (1) by redesignating paragraph (4) as para23 graph (5);

24 (2) by inserting after paragraph (3) the fol25 lowing:
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1 ‘‘(4) FIRST 5 MONTHS OF FISCAL YEAR 2004.—

2 For the period of October 1, 2003, through Feb3 ruary 29, 2004, of the balance of each annual appro4 priation remaining after making the distribution

5 under subsection (a), an amount equal to

6 $34,166,667, reduced by 82 percent of the amount

7 appropriated for that fiscal year from the Boat Safe8 ty Account of the Aquatic Resources Trust Fund es9 tablished by section 9504 of the Internal Revenue

10 Code of 1986 to carry out the purposes of section

11 13106(a) of title 46, United States Code, shall be

12 used as follows:

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

14 Secretary of the Interior for 3 fiscal years for

15 obligation for qualified projects under section

16 5604(c) of the Clean Vessel Act of 1992 (33

17 U.S.C. 1322 note).

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

19 Secretary of the Interior for 3 fiscal years for

20 obligation for qualified projects under section

21 7404(d) of the Sportfishing and Boating Safety

22 Act of 1998 (16 U.S.C. 777g–1(d)).

23 ‘‘(C) The balance remaining after the ap24 plication of subparagraphs (A) and (B) shall be

25 transferred to the Secretary of Transportation
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1 and shall be expended for State recreational

2 boating safety programs under section 13106 of

3 title 46, United States Code.’’.

4 (c) BOAT SAFETY FUNDS.—Section 13106(c) of title

5 46, United States Code, is amended to read as follows:

6 ‘‘(c) Of the amount transferred to the Secretary of

7 Transportation under paragraph (4) of section 4(b) of the

8 Dingell-Johnson Sport Fish Restoration Act (16 U.S.C.

9 777c(b)), $2,083,333 is available to the Secretary for pay10 ment of expenses of the Coast Guard for personnel and

11 activities directly related to coordinating and carrying out

12 the national recreational boating safety program under

13 this title, of which $833,333 shall be available to the Sec14 retary only to ensure compliance with chapter 43 of this

15 title. No funds available to the Secretary under this sub16 section may be used to replace funding traditionally pro17 vided through general appropriations, nor for any pur18 poses except those purposes authorized by this section.

19 Amounts made available by this subsection shall remain

20 available until expended. The Secretary shall publish an21 nually in the Federal Register a detailed accounting of the

22 projects, programs, and activities funded under this sub23 section.’’.
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1 SEC. 10. BUDGET LIMITATIONS.

2 (a) ADJUSTMENTS TO ANNUALIZED DISCRETIONARY

3 SPENDING LIMITS.—In the matter that precedes subpara4 graph (A) of section 251(b)(2) of the Balanced Budget

5 and Emergency Deficit Control Act of 1985, strike

6 ‘‘through 2002’’.

7 (b) DISCRETIONARY SPENDING LIMITS.—Section

8 251(c) of the Balanced Budget and Emergency Deficit

9 Control Act of 1985 is amended as follows:

10 (1) Strike paragraphs (1) through (7) and re11 designate paragraph (8) (which relates to fiscal year

12 2004) as paragraph (1) and in such redesignated

13 paragraph strike ‘‘(1) with respect to fiscal year

14 2004’’, redesignate the remaining matter as sub15 paragraph (C), and before such redesignated matter

16 insert the following:

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

18 ‘‘(A) for the highway category:

19 $31,834,000,000 in outlays;

20 ‘‘(B) for the mass transit category:

21 $1,462,000,000 in new budget authority and

22 $6,629,000,000 in outlays; and’’.

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

24 paragraphs (2) through (9).
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1 (c) CATEGORY DEFINED.—Section 250(c)(4) of the

2 Balanced Budget and Emergency Deficit Control Act of

3 1985 is amended—

4 (1) in subparagraph (B) by inserting after

5 ‘‘Century’’ the following: ‘‘and the Surface Trans6 portation Extension Act of 2003’’; and

7 (2) in subparagraph (C)—

8 (A) by inserting after ‘‘Century’’ the first

9 place it appears the following: ‘‘and the Surface

10 Transportation Extension Act of 2003’’; and

11 (B) by striking ‘‘that Act’’ and inserting

12 ‘‘those Acts’’.

13 (d) CONFORMANCE WITH THE CONCURRENT RESO14 LUTION ON THE BUDGET FOR FISCAL YEAR 2004.—Not15 withstanding any other provision of law, all adjustments

16 made pursuant to section 110(a)(2) of title 23, United

17 States Code, to sums authorized to be appropriated from

18 the Highway Trust Fund (other than the Mass Transit

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

20 highway safety construction programs (other than emer21 gency relief) in fiscal year 2004 shall be deemed to be zero.

22 (e) SENSE OF CONGRESS ON ADJUSTMENT TO ALIGN

23 HIGHWAY SPENDING WITH REVENUES.—It is the sense

24 of Congress that, in any multiyear reauthorization of the

25 Federal-aid highway program, the alignment of highway
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1 spending with revenues under section 251(b)(1)(B)(ii) of

2 the Balanced Budget and Emergency Deficit Control Act

3 of 1985 should be restructured to minimize year-to-year

4 fluctuations in highway spending levels and to ensure the

5 uniform enforcement of such levels.

6 SEC. 11. LEVEL OF OBLIGATION LIMITATIONS.

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

8 Transportation Equity Act for the 21st Century (2 U.S.C.

9 901 note; 112 Stat. 492) is amended—

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

11 (4);

12 (2) by striking the period at the end of para13 graph (5) and inserting ‘‘; and’’; and

14 (3) by adding at the end the following:

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

16 (b) MASS TRANSIT CATEGORY.—Section 8103(b) of

17 such Act (2 U.S.C. 901 note; 112 Stat. 492) is amended—

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

19 (4);

20 (2) by striking the period at the end of para21 graph (5) and inserting ‘‘; and’’; and

22 (3) by adding at the end the following:

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

24 (c) TREATMENT OF FUNDS.—Notwithstanding any

25 other provision of law, funds made available under this
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1 Act, including the amendments made by this Act, shall

2 be deemed to be zero for the purposes of section 110 of

3 the title 23, United States Code.

4 SEC. 12. EXTENSION OF AUTHORIZATION FOR USE OF

5 TRUST FUNDS FOR OBLIGATIONS UNDER

6 TEA-21.

7 (a) HIGHWAY TRUST FUND.—

8 (1) IN GENERAL.—Paragraph (1) of section

9 9503(c) of the Internal Revenue Code of 1986 is

10 amended—

11 (A) in the matter before subparagraph (A),

12 by striking ‘‘October 1, 2003’’ and inserting

13 ‘‘March 1, 2004’’,

14 (B) by striking ‘‘or’’ at the end of subpara15 graph (D),

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

17 subparagraph (E) and inserting ‘‘, or’’,

18 (D) by inserting after subparagraph (E),

19 the following new subparagraph:

20 ‘‘(F) authorized to be paid out of the

21 Highway Trust Fund under the Surface Trans22 portation Extension Act of 2003.’’, and

23 (E) in the matter after subparagraph (F),

24 as added by this paragraph, by striking ‘‘TEA
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1 21 Restoration Act’’ and inserting ‘‘Surface

2 Transportation Extension Act of 2003’’.

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

4 of section 9503(e) of such Code is amended—

5 (A) in the matter before subparagraph (A),

6 by striking ‘‘October 1, 2003’’ and inserting

7 ‘‘March 1, 2004’’,

8 (B) in subparagraph (B), by striking ‘‘or’’

9 at the end of such subparagraph,

10 (C) in subparagraph (C), by inserting ‘‘or’’

11 after ‘‘Century,’’,

12 (D) by inserting after subparagraph (C)

13 the following new subparagraph:

14 ‘‘(D) the Surface Transportation Exten15 sion Act of 2003,’’, and

16 (E) in the matter after subparagraph (D),

17 as added by this paragraph, by striking ‘‘TEA

18 21 Restoration Act’’ and inserting ‘‘Surface

19 Transportation Extension Act of 2003’’.

20 (3) EXCEPTION TO LIMITATION ON TRANS21 FERS.—Subparagraph (B) of section 9503(b)(5) of

22 such Code is amended by striking ‘‘October 1,

23 2003’’ and inserting ‘‘March 1, 2004’’.

24 (b) AQUATIC RESOURCES TRUST FUND.—
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1 (1) SPORT FISH RESTORATION ACCOUNT.—

2 Paragraph (2) of section 9504(b) of the Internal

3 Revenue Code of 1986 is amended—

4 (A) in subparagraph (A), by striking

5 ‘‘Wildlife and Sport Fish Restoration Programs

6 Improvement Act of 2000’’ and inserting ‘‘Sur7 face Transportation Extension Act of 2003’’,

8 and

9 (B) in subparagraphs (B) and (C), by

10 striking ‘‘TEA 21 Restoration Act’’ in each

11 such subparagraph and inserting ‘‘Surface

12 Transportation Extension Act of 2003’’.

13 (2) BOAT SAFETY ACCOUNT.—Subsection (c) of

14 section 9504 of such Code is amended—

15 (A) by striking ‘‘October 1, 2003’’ and in16 serting ‘‘March 1, 2004’’, and

17 (B) by striking ‘‘TEA 21 Restoration Act’’

18 and inserting ‘‘Surface Transportation Exten19 sion Act of 2003’’.

20 (3) EXCEPTION TO LIMITATION ON TRANS21 FERS.—Paragraph (2) of section 9504(d) of such

22 Code is amended by striking ‘‘October 1, 2003’’ and

23 inserting ‘‘March 1, 2004’’.
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1 (c) EFFECTIVE DATE.—The amendments made by

2 this section shall take effect on the date of the enactment

3 of this Act.

4 (d) TEMPORARY RULE REGARDING ADJUST5 MENTS.—During the period beginning on the date of the

6 enactment of this Act and ending on February 29, 2004,

7 for purposes of making any estimate under section

8 9503(d) of the Internal Revenue Code of 1986 of receipts

9 of the Highway Trust Fund, the Secretary of the Treasury

10 shall treat—

11 (1) each expiring provision of paragraphs (1)

12 through (4) of section 9503(b) of such Code which

13 is related to appropriations or transfers to such

14 Fund to have been extended through the end of the

15 24-month period referred to in section

16 9503(d)(1)(B) of such Code, and

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

18 sections referred to in section 9503(b)(1) of such

19 Code, the rate of such tax during the 24-month pe20 riod referred to in section 9503(d)(1)(B) of such
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1 Code to be the same as the rate of such tax as in

2 effect on the date of the enactment of this Act.

Passed the House of Representatives September 24,

2003.

Attest:

Clerk.