H. R. 3850

One Hundred Eighth Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Tuesday,

the twentieth day of January, two thousand and four

An Act

To provide an extension of highway, highway safety, motor carrier safety, transit,

and other programs funded out of the Highway Trust Fund pending enactment

of a law reauthorizing the Transportation Equity Act for the 21st Century.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Surface Transportation Extension

Act of 2004’’.

SEC. 2. ADVANCES.

(a) IN GENERAL.—Section 2(a) of the Surface Transportation

Extension Act of 2003 (23 U.S.C. 104 note; 117 Stat. 1110) is

amended by inserting ‘‘and the Surface Transportation Extension

Act of 2004’’ after ‘‘as amended by this Act’’.

(b) PROGRAMMATIC DISTRIBUTIONS.— (1) ADMINISTRATION OF FUNDS.—Section 2(b)(3) of such Act

(117 Stat. 1110) is amended by striking ‘‘the amendment made

under subsection (d)’’ and inserting ‘‘section 1101(c) of the

Transportation Equity Act for the 21st Century’’.

(2) SPECIAL RULES FOR MINIMUM GUARANTEE.—Section

2(b)(4) of such Act is amended by striking ‘‘$1,166,666,667’’

and inserting ‘‘$1,633,333,333’’.

(3) EXTENSION OF OFF-SYSTEM BRIDGE SETASIDE.—Section

144(g)(3) of title 23, United States Code, is amended by striking

‘‘February 29’’ inserting ‘‘April 30’’.

(c) AUTHORIZATION OF CONTRACT AUTHORITY.—Section

1101(c)(1) of the Transportation Equity Act for the 21st Century

(117 Stat. 1111) is amended by striking ‘‘$13,483,458,333 for the

period of October 1, 2003, through February 29, 2004’’ and inserting

‘‘$18,876,841,666 for the period of October 1, 2003, through April

30, 2004’’.

(d) LIMITATION ON OBLIGATIONS.—Section 2(e) of the Surface

Transportation Extension Act of 2003 (117 Stat. 1111) is amended

to read as follows:

‘‘(e) LIMITATION ON OBLIGATIONS.—

‘‘(1) DISTRIBUTION OF OBLIGATION AUTHORITY.—Subject to

paragraph (2), for the period of October 1, 2003, through April

30, 2004, the Secretary shall distribute the obligation limitation

made available for Federal-aid highways and highway safety

construction programs under the heading ‘FEDERAL-AID HIGHWAYS’ in the Transportation, Treasury, and Independent Agencies Appropriations Act, 2004 (division F of Public Law 108–

199) in accordance with section 110 of such Act; except that
H. R. 3850—2

the amount of obligation limitation to be distributed for such

period for each program, project, and activity specified in sections 110(a)(1), 110(a)(2), 110(a)(4), 110(a)(5), and 110(g) of

such Act shall equal the greater of— ‘‘(A) the funding authorized for such program, project,

or activity in this Act and the Surface Transportation

Extension Act of 2004 (including any amendments made

by this Act and such Act); or ‘‘(B) 7⁄12 of the funding provided for or limitation set

on such program, project, or activity in the Transportation,

Treasury, and Independent Agencies Appropriations Act,

2004 (Public Law 108–199).

‘‘(2) LIMITATION ON TOTAL AMOUNT OF AUTHORITY DISTRIB- UTED.—The total amount of obligation limitation distributed

under paragraph (1) for the period of October 1, 2003, through

April 30, 2004, shall not exceed $19,741,750,000; except that

this limitation shall not apply to $372,750,000 in obligations

for minimum guarantee for such period.

‘‘(3) TIME PERIOD FOR OBLIGATIONS OF FUNDS.—After April

30, 2004, no funds shall be obligated for any Federal-aid highway program project until the date of enactment of a law

reauthorizing the Federal-aid highway program.

‘‘(4) TREATMENT OF OBLIGATIONS.—Any obligation of obligation authority distributed 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 ‘FEDERAL-AID HIGHWAYS’ in the Transportation, Treasury, and Independent Agencies

Appropriations Act, 2004.’’.

SEC. 3. TRANSFERS OF UNOBLIGATED APPORTIONMENTS.

Section 3 of the Surface Transportation Extension Act of 2003

(117 Stat. 1112–1113) is amended by adding at the end the following:

‘‘(e) PROHIBITION OF TRANSFERS.—Notwithstanding any other

provision of this section, no funds may be transferred after February

29, 2004, by a State under subsection (a)—

‘‘(1) from amounts apportioned to the State for the congestion mitigation and air quality improvement program; and

‘‘(2) from amounts apportioned to the State for the surface

transportation program and that are subject to any of paragraphs (1), (2), and (3)(A)(i) of section 133(d) of title 23, United

States Code.’’.

SEC. 4. ADMINISTRATIVE EXPENSES.

Section 4(a) of the Surface Transportation Extension Act of

2003 (117 Stat. 1113) is amended by striking ‘‘$187,500,000’’ and

inserting ‘‘$262,500,000’’.

SEC. 5. OTHER FEDERAL-AID HIGHWAY PROGRAMS.

(a) AUTHORIZATION OF APPROPRIATIONS UNDER TITLE I OF TEA–

21.—

(1) FEDERAL LANDS HIGHWAYS.—

(A) INDIAN RESERVATION ROADS.—Section 1101(a)(8)(A)

of the Transportation Equity Act for the 21st Century

(112 Stat. 112; 117 Stat. 1113) is amended—

(i) in the first sentence by striking ‘‘$114,583,333

for the period of October 1, 2003, through February
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29, 2004’’ and inserting ‘‘$160,416,667 for the period

of October 1, 2003, through April 30, 2004’’; and

(ii) in the second sentence by striking ‘‘$5,416,667’’

and inserting ‘‘$7,583,333’’.

(B) PUBLIC LANDS HIGHWAYS.—Section 1101(a)(8)(B) of

such Act (112 Stat. 112; 117 Stat. 1113) is amended by

striking ‘‘$102,500,000 for the period of October 1, 2003,

through February 29, 2004’’ and inserting ‘‘$143,500,000

for the period of October 1, 2003, through April 30, 2004’’.

(C) PARK ROADS AND PARKWAYS.—Section 1101(a)(8)(C)

of such Act (112 Stat. 112; 117 Stat. 1113) is amended

by striking ‘‘$68,750,000 for the period of October 1, 2003,

through February 29, 2004’’ and inserting ‘‘$96,250,000

for the period of October 1, 2003, through April 30, 2004’’

.

(D) REFUGE ROADS.—Section 1101(a)(8)(D) of such Act

(112 Stat. 112; 117 Stat. 1113) is amended by striking

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

February 29, 2004’’ and inserting ‘‘$11,666,667 for the

period of October 1, 2003, through April 30, 2004’’.

(2) NATIONAL CORRIDOR PLANNING AND DEVELOPMENT AND

COORDINATED BORDER INFRASTRUCTURE PROGRAMS.—Section

1101(a)(9) of such Act (112 Stat. 112; 117 Stat. 1114) is

amended by striking ‘‘$58,333,333 for the period of October

1, 2003, through February 29, 2004’’ and inserting ‘‘$81,666,667

for the period of October 1, 2003, through April 30, 2004’’.

(3) CONSTRUCTION OF FERRY BOATS AND FERRY TERMINAL

FACILITIES.—

(A) IN GENERAL.—Section 1101(a)(10) of such Act (112

Stat. 113; 117 Stat. 1114) is amended by striking

‘‘$15,833,333 for the period of October 1, 2003, through

February 29, 2004’’ and inserting ‘‘$22,166,667 for the

period of October 1, 2003, through April 30, 2004’’.

(B) SET ASIDE FOR ALASKA, NEW JERSEY, AND WASHINGTON.—Section 5(a)(3)(B) of the Surface Transportation

Extension Act of 2003 (117 Stat. 1114) is amended—

(i) in clause (i) by striking ‘‘$4,166,667’’ and

inserting ‘‘$5,833,333’’;

(ii) in clause (ii) by striking ‘‘$2,083,333’’ and

inserting ‘‘$2,916,667’’; and

(iii) in clause (iii) by striking ‘‘$2,083,333’’ and

inserting ‘‘$2,916,667’’.

(4) NATIONAL SCENIC BYWAYS PROGRAM.—Section

1101(a)(11) of the Transportation Equity Act for the 21st Century (112 Stat. 113; 117 Stat. 1114) is amended by striking

‘‘$11,458,333 for the period of October 1, 2003, through February 29, 2004’’ and inserting ‘‘$16,041,666 for the period of

October 1, 2003, through April 30, 2004’’ .

(5) VALUE PRICING PILOT PROGRAM.—Section 1101(a)(12)

of such Act (112 Stat. 113; 117 Stat. 1114) is amended by

striking ‘‘$4,583,333 for the period of October 1, 2003, through

February 29, 2004’’ and inserting ‘‘$6,416,667 for the period

of October 1, 2003, through April 30, 2004’’.

(6) HIGHWAY USE TAX EVASION PROJECTS.—Section

1101(a)(14) of such Act (112 Stat. 113; 117 Stat. 1114) is

amended by striking ‘‘$2,083,333 for the period of October 1,
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2003, through February 29, 2004’’ and inserting ‘‘$2,916,667

for the period of October 1, 2003, through April 30, 2004’’.

(7) COMMONWEALTH OF PUERTO RICO HIGHWAY PROGRAM.—

Section 1101(a)(15) of such Act (112 Stat. 113; 117 Stat. 1114)

is amended by striking ‘‘$45,833,333 for the period of October

1, 2003, through February 29, 2004’’ and inserting ‘‘$64,166,667

for the period of October 1, 2003, through April 30, 2004’’.

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

U.S.C. 402 note; 112 Stat. 196; 112 Stat. 840; 117 Stat. 1114)

is amended by striking ‘‘$208,333 for the period of October

1, 2003, through February 29, 2004’’ and inserting ‘‘$291,667

for the period of October 1, 2003, through April 30, 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; 117 Stat. 1114) is amended

by striking ‘‘$10,416,667 for the period of October 1, 2003,

through February 29, 2004’’ and inserting ‘‘$14,583,333 for

the period of October 1, 2003, through April 30, 2004’’.

(10) TRANSPORTATION INFRASTRUCTURE FINANCE AND

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

amended—

(A) by striking subsection (a)(1)(F) and inserting the

following:

‘‘(F) $81,666,666 for the period of October 1, 2003,

through April 30, 2004.’’;

(B) in subsection (a)(2) by striking ‘‘$833,333 for the

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

and inserting ‘‘$1,166,667 for the period of October 1, 2003,

through April 30, 2004’’; and

(C) in the item relating to fiscal year 2004 in table

contained in subsection (c) by striking ‘‘$1,083,333,333’’

and inserting ‘‘$1,516,666,667’’.

(b) AUTHORIZATION OF APPROPRIATIONS UNDER TITLE V OF

TEA–21.—

(1) SURFACE TRANSPORTATION RESEARCH.—Section

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

(112 Stat. 419; 117 Stat. 1115) is amended by striking

‘‘$43,750,000 for the period of October 1, 2003, through February 29, 2004’’ and inserting ‘‘$61,250,000 for the period of

October 1, 2003, through April 30, 2004’’.

(2) TECHNOLOGY DEPLOYMENT PROGRAM.—Section

5001(a)(2) of such Act (112 Stat. 419; 117 Stat. 1115) is

amended by striking ‘‘$22,916,667 for the period of October

1, 2003, through February 29, 2004’’ and inserting ‘‘$32,083,334

for the period of October 1, 2003, through April 30, 2004’’.

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

Act (112 Stat. 420; 117 Stat. 1115) is amended by striking

‘‘$8,750,000 for the period of October 1, 2003, through February

29, 2004’’ and inserting ‘‘$12,250,000 for the period of October

1, 2003, through April 30, 2004’’.

(4) BUREAU OF TRANSPORTATION STATISTICS.—Section

5001(a)(4) of such Act (112 Stat. 420; 117 Stat. 1115) is

amended by striking ‘‘$12,916,667 for the period of October

1, 2003, through February 29, 2004’’ and inserting ‘‘$18,083,333

for the period of October 1, 2003, through April 30, 2004’’. (5) ITS STANDARDS, RESEARCH, OPERATIONAL TESTS, AND

DEVELOPMENT.—Section 5001(a)(5) of such Act (112 Stat. 420;
H. R. 3850—5

117 Stat. 1115) is amended by striking ‘‘$47,916,667 for the

period of October 1, 2003, through February 29, 2004’’ and

inserting ‘‘$67,083,334 for the period of October 1, 2003, through

April 30, 2004’’.

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

Stat. 420; 117 Stat. 1116) is amended by striking ‘‘$51,666,667

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

and inserting ‘‘$72,333,334 for the period of October 1, 2003,

through April 30, 2004’’.

(7) UNIVERSITY TRANSPORTATION RESEARCH.—Section

5001(a)(7) of such Act (112 Stat. 420; 117 Stat. 1116) is

amended by striking ‘‘$11,250,000 for the period of October

1, 2003, through February 29, 2004’’ and inserting ‘‘$15,750,000

for the period of October 1, 2003, through April 30, 2004’’.

(c) METROPOLITAN PLANNING.—Section 5(c)(1) of the Surface

Transportation Extension Act of 2003 (117 Stat. 1116) is amended

by striking ‘‘$100,000,000 for the period of October 1, 2003, through

February 29, 2004’’ and inserting ‘‘$140,000,000 for the period of

October 1, 2003, through April 30, 2004’’.

(d) TERRITORIES.—Section 1101(d)(1) of the Transportation

Equity Act for the 21st Century (117 Stat. 1116) is amended by

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

February 29, 2004’’ and inserting ‘‘$21,233,333 for the period of

October 1, 2003, through April 30, 2004’’.

(e) ALASKA HIGHWAY.—Section 1101(e)(1) of such Act (117 Stat.

1116) is amended by striking ‘‘$7,833,333 for the period of October

1, 2003, through February 29, 2004’’ and inserting ‘‘$10,966,666

for the period of October 1, 2003, through April 30, 2004’’.

(f) OPERATION LIFESAVER.—Section 1101(f)(1) of such Act (117

Stat. 1117) is amended by striking ‘‘$208,333 for the period of

October 1, 2003, through February 29, 2004’’ and inserting

‘‘$291,667 for the period of October 1, 2003, through April 30,

2004’’.

(g) BRIDGE DISCRETIONARY.—Section 1101(g)(1) of such Act (117

Stat. 1117) is amended—

(1) by striking ‘‘$41,666,667’’ and inserting ‘‘$58,333,333’’;

and

(2) by striking ‘‘February 29’’ and inserting ‘‘April 30’’.

(h) INTERSTATE MAINTENANCE.—Section 1101(h)(1) of such Act

(117 Stat. 1117) is amended—

(1) by striking ‘‘$41,666,667’’ and inserting ‘‘$58,333,333’’;

and

(2) by striking ‘‘February 29’’ and inserting ‘‘April 30’’.

(i) RECREATIONAL TRAILS ADMINISTRATIVE COSTS.—Section

1101(i)(1) of such Act (117 Stat. 1117) is amended by striking

‘‘$312,500 for the period of October 1, 2003, through February

29, 2004’’ and inserting ‘‘$437,500 for the period of October 1,

2003, through April 30, 2004’’. (j) RAILWAY-HIGHWAY CROSSING HAZARD ELIMINATION IN HIGH

SPEED RAIL CORRIDORS.—Section 1101(j)(1) of such Act (117 Stat.

1118) is amended— (1) by striking ‘‘$2,187,500’’ and inserting ‘‘$3,062,500’’;

(2) by striking ‘‘$104,167’’ and inserting ‘‘$145,833’’; and

(3) by striking ‘‘February 29’’ each place it appears and

inserting ‘‘April 30’’.

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

1118) is amended—
H. R. 3850—6

(1) in paragraph (1) by striking ‘‘$4,166,667 for the period

of October 1, 2003, through February 29, 2004’’ and inserting

‘‘$5,833,333 for the period of October 1, 2003, through April

30, 2004’’; and

(2) in paragraph (2) by striking ‘‘$4,166,667 for the period

of October 1, 2003, through February 29, 2004’’ and inserting

‘‘$5,833,333 for the period of October 1, 2003, through April

30, 2004’’.

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

Transportation Extension Act of 2003 (117 Stat. 1118) is amended— (1) by inserting ‘‘and section 5 of the Surface Transportation

Extension Act of 2004’’ after ‘‘this section’’ the first place it

appears; and

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

of such Act’’ before the period at the end.

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

such Act (117 Stat. 1119) is amended—

(1) by inserting ‘‘and section 5 of the Surface Transportation

Extension Act of 2004’’ after ‘‘but for this section’’;

(2) by striking ‘‘both’’;

(3) by striking ‘‘and by this section’’ and inserting ‘‘, by

this section, and by section 5 of such Act’’; and

(4) by inserting ‘‘and by section 5 of such Act’’ before

the period at the end.

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

Act (117 Stat. 1119) is amended by inserting ‘‘and section 5 of

the Surface Transportation Extension Act of 2004’’ after ‘‘this section’’.

SEC. 6. EXTENSION OF HIGHWAY SAFETY PROGRAMS.

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

of title 23, United States Code, is amended by striking ‘‘$46,666,667

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

and inserting ‘‘$65,333,333 for the period of October 1, 2003, through

April 30, 2004’’.

(b) PREVENTION OF INTOXICATED DRIVER INCENTIVE GRANTS.—

Section 163(e)(1) of such title is amended by striking ‘‘$50,000,000

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

and inserting ‘‘$70,000,000 for the period of October 1, 2003, through

April 30, 2004’’.

SEC. 7. SPORT FISHING AND BOATING SAFETY.

(a) FUNDING FOR NATIONAL OUTREACH AND COMMUNICATIONS

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

‘‘(6) $5,833,333 for the period of October 1, 2003, through

April 30, 2004;’’.

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

(16 U.S.C. 777c(b)(4)) is amended to read as follows:

‘‘(4) FIRST 7 MONTHS OF FISCAL YEAR 2004.—For the period

of October 1, 2003, through April 30, 2004, of the balance

of each annual appropriation remaining after making the distribution under subsection (a), an amount equal to $47,833,333,

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

as follows: ‘‘(A) $5,833,333 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) $4,666,667 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— (1) by striking ‘‘$2,083,333’’ and inserting ‘‘$2,916,667’’; and

(2) by striking ‘‘$833,333’’ and inserting ‘‘$1,166,667’’.

SEC. 8. TECHNICAL AMENDMENTS.

(a) HIGHWAY SAFETY GRANTS.— (1) IN GENERAL.—Title I of the Transportation, Treasury,

and Independent Agencies Appropriations Act, 2004 (division

F of Public Law 108–199) is amended by inserting before the

period at the end of the matter under the heading ‘‘NATIONAL

HIGHWAY TRAFFIC SAFETY ADMINISTRATION, HIGHWAY TRAFFIC

SAFETY GRANTS’’ the following: ‘‘: Provided further, That not

to exceed $2,600,000 of the funds subject to allocation under

section 157 of title 23, United States Code, and not to exceed

$2,600,000 of the funds subject to apportionment under section

163 of that title, shall be available to the National Highway

Traffic Safety Administration for administering highway safety

grants under those sections’’. (2) EFFECTIVE DATE.—The amendment made by paragraph

(1) shall take effect on January 24, 2004.

(b) FEDERAL HIGHWAY ADMINISTRATION.—Section 110(g) of the

Transportation, Treasury, and Independent Agencies Appropriations Act, 2004 (division F of Public Law 108–199) is amended

by adding at the end the following: ‘‘Obligation authority shall

be available until used and in addition to the amount of any

limitation imposed on obligations for Federal-aid highway and highway safety construction programs for future fiscal years.’’.

SEC. 9. EXTENSION OF FEDERAL TRANSIT PROGRAMS.

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

States Code, is amended— (1) in paragraph (1)— (A) by striking ‘‘February 29, 2004’’ and inserting ‘‘April

30, 2004’’;

(B) in subparagraph (A), by inserting ‘‘, except for

the period beginning on October 1, 2003, and ending on

April 30, 2004, during which $699,642,775 will be available’’ after ‘‘modernization’’;

(C) in subparagraph (B), by inserting ‘‘, except for

the period beginning on October 1, 2003, and ending on

April 30, 2004, during which $767,657,109 will be available’’ before the semicolon; and
H. R. 3850—8

(D) in subparagraph (C), by inserting ‘‘, except for

the period beginning on October 1, 2003 and ending on

April 30, 2004, during which $352,110,220 will be available’’ after ‘‘facilities’’;

(2) by amending paragraph (2)(B)(iii) to read as follows:

‘‘(iii) OCTOBER 1, 2003 THROUGH APRIL 30, 2004.—

Of the amounts made available under paragraph (1)(B),

$6,066,667 shall be available for the period beginning

on October 1, 2003, and ending on April 30, 2004,

for capital projects described in clause (i).’’;

(3) in paragraph (3)(B)—

(A) by striking ‘‘$1,250,000’’ and inserting ‘‘$1,750,000’’;

and

(B) by striking ‘‘February 29, 2004’’ and inserting ‘‘April

30, 2004’’; and

(4) in paragraph (3)(C)—

(A) by striking ‘‘$20,833,334 shall be available’’ and

inserting ‘‘$28,994,583 shall be transferred to and administered under section 5309 for buses and bus facilities’’; and

(B) by striking ‘‘February 29, 2004’’ and inserting ‘‘April

30, 2004’’.

(b) APPORTIONMENT OF APPROPRIATIONS FOR FIXED GUIDEWAY

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

Extension Act of 2003 (49 U.S.C. 5337 note) is amended by striking

‘‘February 29, 2004’’ and inserting ‘‘April 30, 2004’’.

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

49, United States Code, is amended—

(1) in the heading to paragraph (2) by striking ‘‘FEBRUARY

29, 2004’’ and inserting ‘‘APRIL 30, 2004’’;

(2) in paragraph (2)(A)(vi)—

(A) by striking ‘‘$1,292,948,344’’ and inserting

‘‘$1,780,963,287’’; and

(B) by striking ‘‘February 29, 2004’’ and inserting ‘‘April

30, 2004’’;

(3) in paragraph (2)(B)(vi)—

(A) by striking ‘‘$323,459,169’’ and inserting

‘‘$445,240,822’’; and

(B) by striking ‘‘February 29, 2004’’ and inserting ‘‘April

30, 2004’’; and

(4) in paragraph (2)(C) by striking ‘‘February 29, 2004’’

and inserting ‘‘April 30, 2004’’.

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

Transportation Extension Act of 2003 (117 Stat. 1122) is amended

to read as follows:

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

2003, THROUGH APRIL 30, 2004.—Of the aggregate of amounts

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

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

April 30, 2004—

‘‘(1) $ 2,812,446 shall be available to the Alaska Railroad

for improvements to its passenger operations under section

5307 of such title;

‘‘(2) $28,994,583 shall be available for bus and bus facilities

grants under section 5309 of such title;

‘‘(3) $52,568,804 shall be available to provide transportation

services to elderly individuals and individuals with disabilities

under section 5310 of such title;
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‘‘(4) $139,526,367 shall be available to provide financial

assistance for other than urbanized areas under section 5311

of such title;

‘‘(5) $4,030,247 shall be available to provide financial assistance in accordance with section 3038(g) of the Transportation

Equity Act for the 21st Century; and

‘‘(6) $1,998,271,661 shall be available to provide financial

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

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

title 49, United States Code, is amended—

(1) in the heading by striking ‘‘FEBRUARY 29, 2004’’ and

inserting ‘‘APRIL 30, 2004’’;

(2) in subparagraph (A)(vi)—

(A) by striking ‘‘$1,022,503,342’’ and inserting

‘‘$1,819,410,104’’; and

(B) by striking ‘‘February 29, 2004’’ and inserting ‘‘April

30, 2004’’; and

(3) in subparagraph (B)(vi)—

(A) by striking ‘‘$255,801,669’’ and inserting

‘‘$363,882,021’’; and

(B) by striking ‘‘February 29, 2004’’ and inserting ‘‘April

30, 2004’’.

(f) PLANNING AUTHORIZATIONS AND ALLOCATIONS.—Section

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

(1) in the heading by striking ‘‘FEBRUARY 29, 2004’’ and

inserting ‘‘APRIL 30, 2004’’;

(2) in subparagraph (A)(vi)—

(A) by striking ‘‘$24,636,667’’ and inserting

‘‘$33,981,652’’; and

(B) by striking ‘‘February 29, 2004’’ and inserting ‘‘April

30, 2004’’; and

(3) in subparagraph (B)(vi)—

(A) by striking ‘‘$6,100,000’’ and inserting ‘‘$8,350,440’’;

and

(B) by striking ‘‘February 29, 2004’’ and inserting ‘‘April

30, 2004’’.

(g) RESEARCH AUTHORIZATIONS.—Section 5338(d)(2) of title 49,

United States Code, is amended—

(1) in the heading by striking ‘‘FEBRUARY 29, 2004’’ and

inserting ‘‘APRIL 30, 2004’’;

(2) in subparagraph (A)(vi)—

(A) by striking ‘‘$16,536,667’’ and inserting

‘‘$24,471,428’’; and

(B) by striking ‘‘February 29, 2004’’ and inserting ‘‘April

30, 2004’’;

(3) in subparagraph (B)(vi)—

(A) by striking ‘‘$4,095,000’’ and inserting ‘‘$6,262,830’’;

and

(B) by striking ‘‘February 29, 2004’’ and inserting ‘‘April

30, 2004’’; and

(4) in subparagraph (C) by striking ‘‘February 29, 2004’’

and inserting ‘‘April 30, 2004’’.

(h) RESEARCH FUNDS.—Section 8(h) of the Surface Transportation Extension Act of 2003 is amended to read as follows:

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

THROUGH APRIL 30, 2004.—Of the funds made available by or
H. R. 3850—10

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

Code, for the period of October 1, 2003, through April 30, 2004—

‘‘(1) not less than $3,044,431 shall be available for providing

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

title;

‘‘(2) not less than $4,784,106 shall be available for carrying

out transit cooperative research programs under section 5313(a)

of such title;

‘‘(3) not less than $4,784,106 shall be available to carry

out programs under the National Transit Institute under section 5315 of such title, including not more than $579,892 to

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

‘‘(4) any amounts not made available under paragraphs

(1) through (3) 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)(2) of title 49, United States Code, is amended—

(1) in the heading by striking ‘‘FEBRUARY 29, 2004’’ and

inserting ‘‘APRIL 30, 2004’’;

(2) in subparagraph (A)—

(A) by striking ‘‘$2,020,833’’ and inserting ‘‘$2,783,480’’;

and

(B) by striking ‘‘February 29, 2004’’ and inserting ‘‘April

30, 2004’’;

(3) in subparagraph (B)—

(A) by striking ‘‘$505,833’’ and inserting ‘‘$695,870’’;

and

(B) by striking ‘‘February 29, 2004’’ and inserting ‘‘April

30, 2004’’; and

(4) in subparagraph (C) by striking ‘‘February 29, 2004’’

each place it appears and inserting ‘‘April 30, 2004’’.

(j) UNIVERSITY TRANSPORTATION RESEARCH FUNDS.—

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

Extension Act of 2003 is amended to read as follows:

‘‘(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 April 30, 2004—

‘‘(A) $994,100 shall be available for the center identified

in section 5505(j)(4)(A) of such title; and

‘‘(B) $994,100 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 title 49, United States Code,

any amounts made available under such section for the period

October 1, 2003, through April 30, 2004, that remain after

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

purposes specified in section 3015(d) of the Transportation

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

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

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

is amended by striking ‘‘February 29, 2004’’ and inserting ‘‘April

30, 2004’’. (k) ADMINISTRATION AUTHORIZATIONS.—Section 5338(f)(2) of

title 49, United States Code, is amended—
H. R. 3850—11

(1) in the heading by striking ‘‘FEBRUARY 29, 2004’’ and

inserting ‘‘APRIL 30, 2004’’;

(2) in subparagraph (A)(vi)—

(A) by striking ‘‘$24,585,834’’ and inserting

‘‘$35,025,457’’; and

(B) by striking ‘‘February 29, 2004’’ and inserting ‘‘April

30, 2004’’; and

(3) in subparagraph (B)(vi)—

(A) by striking ‘‘$6,150,833’’ and inserting ‘‘$8,756,364’’;

and

(B) by striking ‘‘February 29, 2004’’ and inserting ‘‘April

30, 2004’’.

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

3037(l) of the Federal Transit Act of 1998 (49 U.S.C. 5309 note)

is amended—

(1) in paragraph (1)(A)(vi)—

(A) by striking ‘‘$50,519,167’’ and inserting

‘‘$57,989,167’’; and

(B) by striking ‘‘February 29, 2004’’ and inserting ‘‘April

30, 2004’’;

(2) in paragraph (1)(B)(vi)—

(A) by striking ‘‘$12,638,833’’ and inserting

‘‘$14,497,292’’; and

(B) by striking ‘‘February 29, 2004’’ and inserting ‘‘April

30, 2004’’;

(3) in paragraph (2) by striking ‘‘February 29, 2004,

$4,166,667’’ and inserting ‘‘April 30, 2004, $5,798,917’’; and

(4) by adding at the end the following:

‘‘(4) TRANSFER IN FISCAL YEAR 2004.—Of the funds made

available or appropriated under paragraph (1) for fiscal year

2004, prior to the allocation under paragraph (3), $11,597,833

shall be administered under the provisions of section 5309

of title 49, United States Code.’’.

(m) RURAL TRANSPORTATION ACCESSIBILITY INCENTIVE PROGRAM.—Section 3038(g) of the Federal Transit Act of 1998 (49

U.S.C. 5310 note) is amended—

(1) in paragraph (1)(F)—

(A) by striking ‘‘$2,187,500’’ and inserting ‘‘$3,044,431’’;

and

(B) by striking ‘‘February 29, 2004’’ and inserting ‘‘April

30, 2004’’; and

(2) in paragraph (2)—

(A) by striking ‘‘$708,333’’ and inserting ‘‘$985,816’’;

and

(B) by striking ‘‘February 29, 2004’’ and inserting ‘‘April

30, 2004’’.

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

title 49, United States Code, is amended—

(1) in the heading by striking ‘‘FEBRUARY 29, 2004’’ and

inserting ‘‘APRIL 30, 2004’’; and

(2) in subparagraph (A) by striking ‘‘February 29, 2004’’

and inserting ‘‘April 30, 2004’’;

(o) OBLIGATION CEILING.—Section 3040(6) of the Federal

Transit Act of 1998 (112 Stat. 394) is amended—

(1) by striking ‘‘$3,042,501,691’’ and inserting

‘‘$4,238,428,192’’; and
H. R. 3850—12

(2) by striking ‘‘February 29, 2004’’ and inserting ‘‘April

30, 2004’’.

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

3015(b) of the Federal Transit Act of 1998 (112 Stat. 361) is

amended—

(1) by striking ‘‘February 29, 2004’’ and inserting ‘‘April

30, 2004’’; and

(2) by striking ‘‘$2,020,833’’ and inserting ‘‘$2,812,475’’.

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

of the Federal Transit Act of 1998 (49 U.S.C. 322 note) is amended— (1) by striking ‘‘February 29, 2004,’’ and inserting ‘‘April

30, 2004’’; and

(2) by striking ‘‘$2,083,333’’ and inserting ‘‘$2,812,475’’. (r) PROJECTS FOR NEW FIXED GUIDEWAY SYSTEMS AND EXTENSIONS TO EXISTING SYSTEMS.—Section 3030 of the Transportation

Equity Act for the 21st Century (112 Stat. 373) is amended by

striking ‘‘February 29, 2004’’ each place it appears and inserting

‘‘April 30, 2004’’.

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

the Intermodal Surface Transportation Efficiency Act of 1991 (105

Stat. 2122; 112 Stat. 379) is amended by striking ‘‘February 29,

2004’’ each place it appears and inserting ‘‘April 30, 2004’’.

(t) TREATMENT OF FUNDS.—Section 8(t) of the Surface Transportation Extension Act of 2003 (23 U.S.C. 101 note) is amended—

(1) by striking ‘‘Amounts’’ and inserting the following:

‘‘(1) IN GENERAL.—Amounts’’;

(2) by inserting ‘‘and by section 9 of the Surface Transportation Extension Act of 2004’’ after ‘‘this section’’; and

(3) by adding at the end the following:

‘‘(2) TRANSFERS.—Funds authorized by or made available

under this section shall be transferred in accordance with the

Consolidated Appropriations Act, 2004, except that only 7⁄12

of the total amount to be transferred shall be available.’’.

(u) LOCAL SHARE.—Section 3011(a) of the Federal Transit Act

of 1998 (49 U.S.C. 5307 note) is amended by inserting ‘‘and for

the period of October 1, 2003 through April 30, 2004,’’ after ‘‘2003,’’.

SEC. 10. NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION PROGRAMS.

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

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

337; 117 Stat. 1119) is amended by striking ‘‘, and $68,750,000

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

and inserting ‘‘, and $96,250,000 for the period of October 1, 2003,

through April 30, 2004’’.

(b) HIGHWAY SAFETY RESEARCH AND DEVELOPMENT.—Section

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

by striking ‘‘$30,000,000 for the period of October 1, 2003, through

February 29, 2004’’ and inserting ‘‘$42,000,000 for the period of

October 1, 2003, through April 30, 2004’’.

(c) OCCUPANT PROTECTION INCENTIVE GRANTS-.—Section

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

by striking ‘‘$8,333,333 for the period of October 1, 2003, through

February 29, 2004’’ and inserting ‘‘$11,666,700 for the period of

October 1, 2003, through April 30, 2004’’. (d) ALCOHOL-IMPAIRED DRIVING COUNTERMEASURES INCENTIVE

GRANTS.—Section 2009(a)(4) of such Act (112 Stat. 337; 117 Stat.
H. R. 3850—13

1120) is amended by striking ‘‘$16,666,667 for the period of October

1, 2003, through February 29, 2004’’ and inserting ‘‘$23,333,300

for the period of October 1, 2003, through April 30, 2004’’.

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

Act (112 Stat. 338; 117 Stat. 1120) is amended by striking ‘‘$833,333

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

and inserting ‘‘$2,100,000 for the period of October 1, 2003, through

April 30, 2004’’.

SEC. 11. FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION PROGRAM.

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

Transportation Extension Act of 2003 (117 Stat. 1120) is amended

by striking ‘‘$71,487,500 for the period of October 1, 2003, through

February 29, 2004’’ and inserting ‘‘$102,467,000 for the period

October 1, 2003 through April 30, 2004’’.

(b) MOTOR CARRIER SAFETY ASSISTANCE PROGRAM.—Section

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

as follows:

‘‘(7) Not more than $98,352,000 for the period of October

1, 2003, through April 30, 2004.’’.

(c) INFORMATION SYSTEMS AND COMMERCIAL DRIVER’S LICENSE

GRANTS.—

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

of such title is amended to read as follows:

‘‘(5) $11,639,000 for the period of October 1, 2003, through

April 30, 2004.’’.

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

Transportation Extension Act of 2003 (117 Stat. 1121) is

amended—

(A) by striking ‘‘February 29,’’ and inserting ‘‘April

30,’’; and

(B) by striking ‘‘$416,667’’ and inserting ‘‘$582,000’’.

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

amended—

(1) by striking ‘‘$416,667’’ and inserting ‘‘$582,000’’; and

(2) by striking ‘‘February 29’’ and inserting ‘‘April 30’’.

(e) TECHNICAL AMENDMENTS.—

(1) IN GENERAL.—Title I of the Transportation, Treasury,

and Independent Agencies Appropriations Act, 2004 (division

F of Public Law 108–199) is amended—

(A) by striking ‘‘Fund and to’’ in the matter appearing

under the heading ‘‘FEDERAL MOTOR CARRIER SAFETY

ADMINISTRATION, MOTOR CARRIER SAFETY, LIMITATION ON

ADMINISTRATIVE EXPENSES’’ and inserting ‘‘Fund, together

with advances and reimbursements received by the Federal

Motor Carrier Safety Administration, the sum of which

shall’’; and

(B) by inserting before the period at the end of the

matter appearing under the heading ‘‘FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION, NATIONAL MOTOR CARRIER

SAFETY PROGRAM’’ the following: ‘‘: Provided further, That

for grants made to States for implementation of section

210 of the Motor Carrier Safety Improvement Act of 1999

(113 Stat. 1764–1765), the Federal share payable under

such grants shall be 100 percent’’.
H. R. 3850—14

(2) EFFECTIVE DATE.—The amendments made by paragraph

(1) shall take effect on January 24, 2004.

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

‘‘March 1, 2004’’ and inserting ‘‘May 1, 2004’’,

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

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

(F) and inserting ‘‘, or’’,

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

new subparagraph:

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

Fund under the Surface Transportation Extension Act of

2004.’’, and

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

by this paragraph, by striking ‘‘Surface Transportation

Extension Act of 2003’’ and inserting ‘‘Surface Transportation Extension Act of 2004’’.

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

9503(e) of such Code is amended—

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

‘‘March 1, 2004’’ and inserting ‘‘May 1, 2004’’,

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

of such subparagraph,

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

of such subparagraph,

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

new subparagraph:

‘‘(E) the Surface Transportation Extension Act of

2004,’’, and

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

by this paragraph, by striking ‘‘Surface Transportation

Extension Act of 2003’’ and inserting ‘‘Surface Transportation Extension Act of 2004’’.

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

striking ‘‘March 1, 2004’’ and inserting ‘‘May 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 by striking ‘‘Surface Transportation Extension Act

of 2003’’ each place it appears and inserting ‘‘Surface Transportation Extension Act of 2004’’.

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

of such Code is amended—

(A) by striking ‘‘March 1, 2004’’ and inserting ‘‘May

1, 2004’’, and

(B) by striking ‘‘Surface Transportation Extension Act

of 2003’’ and inserting ‘‘Surface Transportation Extension

Act of 2004’’.

(3) EXCEPTION TO LIMITATION ON TRANSFERS.—Paragraph

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

‘‘March 1, 2004’’ and inserting ‘‘May 1, 2004’’.
H. R. 3850—15

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

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

(d) TEMPORARY RULE REGARDING ADJUSTMENTS.—During the

period beginning on the date of the enactment of the Surface

Transportation Extension Act of 2003 and ending on April 30,

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

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

Trust Fund, the Secretary of the Treasury shall treat—

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

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

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

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

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

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

tax during the 24-month period referred to in section

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

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

Transportation Extension Act of 2003.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.