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 HIGH-
WAYS’ in the Transportation, Treasury, and Independent Agen-
cies 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 sec-
tions 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 high-
way program project until the date of enactment of a law
reauthorizing the Federal-aid highway program.
‘‘(4) TREATMENT OF OBLIGATIONS.—Any obligation of obliga-
tion authority distributed under this subsection shall be consid-
ered to be an obligation for Federal-aid highways and highway
safety construction programs for fiscal year 2004 for the pur-
poses 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 fol-
lowing:
‘‘(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 conges-
tion 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 para-
graphs (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
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 sec-
tion’’.
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 Res-
toration 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 dis-
tribution 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
H. R. 3850—7
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 Sec-
retary 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 Appropria-
tions 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 high-
way 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 avail-
able’’ 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 avail-
able’’ 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 avail-
able’’ 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 adminis-
tered 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;
H. R. 3850—9
‘‘(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 assist-
ance 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 Transpor-
tation 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