I 
108TH CONGRESS 
2D SESSION 
H. R. 3850
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. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 26, 2004
Mr. YOUNG of Alaska (for himself and Mr. OBERSTAR) introduced the fol-
lowing bill; which was referred to the Committee on Transportation and 
Infrastructure, and in addition to the Committees on Ways and Means, 
Resources, and Science, for a period to be subsequently determined by 
the Speaker, in each case for consideration of such provisions as fall with-
in the jurisdiction of the committee concerned 
A BILL 
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 Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Surface Transpor-
tation 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 Transpor-
tation Equity Act for the 21st Century’’. 
(2) SPECIAL
RULES
FOR
MINIMUM
GUAR-
ANTEE.—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 SET-
ASIDE.—Section 144(g)(3) of title 23, United States 
Code, is amended by striking ‘‘February 29’’ insert-
ing ‘‘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 AUTHOR-
ITY.—Subject to paragraph (2), for the period of 
October 1, 2003, through April 30, 2004, the Sec-
retary shall distribute the obligation limitation made 
available for Federal-aid highways and highway safe-
ty construction programs under the heading ‘FED-
ERAL-AID HIGHWAYS’ in the Transportation, Treas-
ury, and Independent Agencies Appropriations Act, 
2004 (division F of Public Law 108–199) in accord-
ance with section 110 of such Act; except that 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 pro-
gram, 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 ac-
tivity in the Transportation, Treasury, and 
Independent Agencies Appropriations Act, 2004 
(Public Law 108–199). 
‘‘(2) LIMITATION ON TOTAL AMOUNT OF AU-
THORITY DISTRIBUTED.—The total amount of obli-
gation 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 ob-
ligated 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 obli-
gation of obligation authority distributed under this 
subsection shall be considered to be an obligation for 
Federal-aid highways and highway safety construc-
tion 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.—Notwith-
standing 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 improve-
ment 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.—Sec-
tion 1101(a)(8)(A) of the Transportation Eq-
uity 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 29, 2004’’ and in-
serting ‘‘$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 insert-
ing ‘‘$143,500,000 for the period of October 1, 
2003, through April 30, 2004’’. 
(C) PARK
ROADS
AND
PARKWAYS.—Sec-
tion 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 insert-
ing ‘‘$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 DE-
VELOPMENT
AND
COORDINATED
BORDER
INFRA-
STRUCTURE 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 pe-
riod of October 1, 2003, through February 29, 
2004’’ and inserting ‘‘$22,166,667 for the pe-
riod 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, 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 HIGH-
WAY 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
FI-
NANCE 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 Octo-
ber 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 pe-
riod 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
STATIS-
TICS.—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; 117 Stat. 1115) is amend-
ed by striking ‘‘$47,916,667 for the period of Octo-
ber 1, 2003, through February 29, 2004’’ and in-
serting ‘‘$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 amend-
ed by striking ‘‘$51,666,667 for the period of Octo-
ber 1, 2003, through February 29, 2004’’ and in-
serting ‘‘$72,333,334 for the period of October 1, 
2003, through April 30, 2004’’. 
(7) 
UNIVERSITY
TRANSPORTATION
RE-
SEARCH.—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 Trans-
portation 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 in-
serting ‘‘$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 Octo-
ber 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 pe-
riod 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 Octo-
ber 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 ELIMI-
NATION
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 ap-
pears and inserting ‘‘April 30’’. 
(k) NONDISCRIMINATION.—Section 1101(k) of such 
Act (117 Stat. 1118) is amended—
(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.—Sec-
tion 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 insert-
ing ‘‘, 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.—Sec-
tion 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 INCEN-
TIVE 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 COM-
MUNICATIONS 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
MONTHS
OF
FISCAL
YEAR 
2004.—For the period of October 1, 2003, through 
April 30, 2004, of the balance of each annual appro-
priation 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 Safe-
ty Account of the Aquatic Resources Trust Fund es-
tablished by section 9504 of the Internal Revenue 
Code of 1986 to carry out the purposes of section 
13106(a) of title 46, United States Code, shall be 
used as follows: 
‘‘(A) $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 ap-
plication 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 Transpor-
tation, Treasury, and Independent Agencies Appro-
priations 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