Surface Transportation Extension Act of 2003
PL 108-88 (H.R.3087), enacted 09/30/2003

117 STAT. 1110
PUBLIC LAW 108–88—SEPT. 30, 2003
Public Law 108–88
108th Congress
An Act
To provide an extension of highway, highway safety, motor carrier safety, transit,
and other programs funded out of the Highway Trust Fund pending enactment
of a law reauthorizing the Transportation Equity Act for the 21st Century.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Surface Transportation Extension
Act of 2003’’.
SEC. 2. ADVANCES.
(a) IN GENERAL.—The Secretary of Transportation shall appor-
tion funds made available under section 1101(c) of the Transpor-
tation Equity Act for the 21st Century (112 Stat. 116), as amended
by this Act, to each State in the ratio that—
(1) the State’s total fiscal year 2003 obligation authority
for funds apportioned for the Federal-aid highway program;
bears to
(2) all States’ total fiscal year 2003 obligation authority
for funds apportioned for the Federal-aid highway program.
(b) PROGRAMMATIC DISTRIBUTIONS.—
(1) PROGRAMS.—Of the funds to be apportioned to each
State under subsection (a), the Secretary shall ensure that
the State is apportioned an amount of the funds, determined
under paragraph (2), for the Interstate maintenance program,
the National Highway System program, the bridge program,
the surface transportation program, the congestion mitigation
and air quality improvement program, the recreational trails
program, the Appalachian development highway system pro-
gram, and the minimum guarantee.
(2) IN GENERAL.—The amount that each State shall be
apportioned under this subsection for each item referred to
in paragraph (1) shall be determined by multiplying—
(A) the amount apportioned to the State under sub-
section (a); by
(B) the ratio that—
(i) the amount of funds apportioned for the item
to the State for fiscal year 2003; bears to
(ii) the total of the amount of funds apportioned
for the items to the State for fiscal year 2003.
(3) ADMINISTRATION OF FUNDS.—Funds authorized by the
amendment made under subsection (d) shall be administered
as if the funds had been apportioned, allocated, deducted, or
set aside, as the case may be, under title 23, United States
23 USC 104 note.
23 USC 101 note.
Surface
Transportation
Extension Act of
2003.
Sept. 30, 2003
[H.R. 3087]
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117 STAT. 1111
PUBLIC LAW 108–88—SEPT. 30, 2003
Code; except that the deductions and set-asides in the following
sections of such title shall not apply to such funds: sections
104(a)(1)(A), 104(a)(1)(B), 104(b)(1)(A), 104(d)(1), 104(d)(2),
104(f)(1), 104(h)(1), 118(c)(1), 140(b), 140(c), and 144(g)(1).
(4) SPECIAL RULES FOR MINIMUM GUARANTEE.—In carrying
out the minimum guarantee under section 105(c) of title 23,
United States Code, with funds apportioned under this section
for the minimum guarantee, the $2,800,000,000 set forth in
paragraph (1) of such section 105(c) shall be treated as being
$1,166,666,667 and the aggregate of amounts apportioned to
the States under this section for the minimum guarantee shall
be treated, for purposes of such section 105(c), as amounts
made available under section 105 of such title.
(5) EXTENSION OF OFF-SYSTEM BRIDGE SETASIDE.—Section
144(g)(3) of title 23, United States Code, is amended by
inserting after ‘‘2003’’ the following: ‘‘and in the period of
October 1, 2003, through February 29, 2004,’’.
(c) REPAYMENT FROM FUTURE APPORTIONMENTS.—
(1) IN GENERAL.—The Secretary shall reduce the amount
that would be apportioned, but for this section, to a State
for programs under chapter 1 of title 23, United States Code,
for fiscal year 2004, under a law reauthorizing the Federal-
aid highway program enacted after the date of enactment of
this Act by the amount that is apportioned to each State
under subsection (a) and section 5(c) for each such program.
(2) PROGRAM
CATEGORY
RECONCILIATION.—The Secretary
may establish procedures under which funds apportioned under
subsection (a) for a program category for which funds are
not authorized under a law described in paragraph (1) may
be restored to the Federal-aid highway program.
(d) AUTHORIZATION
OF CONTRACT AUTHORITY.—Section 1101
of the Transportation Equity Act for the 21st Century (112 Stat.
111–115) is amended by adding at the end the following:
‘‘(c) ADVANCE AUTHORIZATION.—
‘‘(1) IN GENERAL.—There shall be available from the High-
way Trust Fund (other than the Mass Transit Account) to
carry out section 2(a) of the Surface Transportation Extension
Act of 2003 $13,483,458,333 for the period of October 1, 2003,
through February 29, 2004.
‘‘(2) SPECIAL RULE.—Funds apportioned under section 2(a)
of the Surface Transportation Extension Act of 2003 shall be
subject to a limitation on obligations for Federal-aid highways
and highway safety construction programs.
‘‘(3) CONTRACT AUTHORITY.—Funds made available by this
subsection shall be available for obligation in the same manner
as if such funds were apportioned under chapter 1 of title
23, United States Code.’’.
(e) LIMITATION ON OBLIGATIONS.—
(1) IN GENERAL.—Subject to paragraph (2), for the period
of October 1, 2003, through February 29, 2004, the Secretary
shall allocate to each State for programs funded under this
section and section 5(c) an amount of obligation authority made
available under an Act making appropriations for the Depart-
ment of Transportation for fiscal year 2004 that is—
(A) equal to the greater of—
(i) the State’s unobligated balance, as of October
1, 2003, of Federal-aid highway apportionments subject
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117 STAT. 1112
PUBLIC LAW 108–88—SEPT. 30, 2003
to any limitation on obligations; except that unobli-
gated balances of contract authority from minimum
guarantee and Appalachian development highway
system apportionments for which obligation authority
was made available until used shall not be included
for purposes of calculating a State’s unobligated bal-
ance of apportionments for this clause; or
(ii) 5⁄12 of the State’s total fiscal year 2003 obliga-
tion authority for funds apportioned for the Federal-
aid highway program; but
(B) not greater than 75 percent of the State’s total
fiscal year 2003 obligation authority for funds apportioned
for the Federal-aid highway program.
(2) LIMITATION ON AMOUNT.—The total of all allocations
under paragraph (1) and allocations, for programs funded under
sections 4, 5 (other than subsection (c)), and 6(a) of this Act,
of obligation authority made available under an Act making
appropriations for the Department of Transportation for fiscal
year 2004 shall not exceed $14,101,250,000; except that this
limitation shall not apply to $266,250,000 in obligations for
minimum guarantee for the period of October 1, 2003, through
February 29, 2004.
(3) TIME PERIOD FOR OBLIGATIONS OF FUNDS.—A State shall
not obligate any funds for any Federal-aid highway program
project after February 29, 2004, until the date of enactment
of a multiyear law reauthorizing the Federal-aid highway pro-
gram.
(4) TREATMENT
OF
OBLIGATIONS.—Any obligation of an
allocation of obligation authority made under this subsection
shall be considered to be an obligation for Federal-aid highways
and highway safety construction programs for fiscal year 2004
for the purposes of the matter under the heading ‘‘(LIMITA-
TION ON OBLIGATIONS)’’ under the heading ‘‘FEDERAL-
AID HIGHWAYS’’ in an Act making appropriations for the
Department of Transportation for fiscal year 2004.
SEC. 3. TRANSFERS OF UNOBLIGATED APPORTIONMENTS.
(a) IN GENERAL.—In addition to any other authority of a State
to transfer funds, for fiscal year 2004, a State may transfer any
funds apportioned to the State for any program under section
104(b) (including amounts apportioned under section 104(b)(3) or
set aside, made available, or suballocated under section 133(d))
or section 144 of title 23, United States Code, before, on, or after
the date of enactment of this Act, that are subject to any limitation
on obligations, and that are not obligated, to any other of those
programs.
(b) TREATMENT
OF TRANSFERRED FUNDS.—Any funds trans-
ferred to another program under subsection (a) shall be subject
to the provisions of the program to which the funds are transferred,
except that funds transferred to a program under section 133 (other
than subsections (d)(1) and (d)(2)) of title 23, United States Code,
shall not be subject to section 133(d) of that title.
(c) RESTORATION OF APPORTIONMENTS.—
(1) IN
GENERAL.—As soon as practicable after the date
of enactment of a law reauthorizing the Federal-aid highway
program enacted after the date of enactment of this Act, the
Secretary of Transportation shall restore any funds that a
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117 STAT. 1113
PUBLIC LAW 108–88—SEPT. 30, 2003
State transferred under subsection (a) for any project not
eligible for the funds but for this section to the program cat-
egory from which the funds were transferred.
(2) PROGRAM
CATEGORY
RECONCILIATION.—The Secretary
may establish procedures under which funds transferred under
subsection (a) from a program category for which funds are
not authorized may be restored to the Federal-aid highway
program.
(3) LIMITATION ON STATUTORY CONSTRUCTION.—No provi-
sion of law, except a statute enacted after the date of enactment
of this Act that expressly limits the application of this sub-
section, shall impair the authority of the Secretary to restore
funds pursuant to this subsection.
(d) GUIDANCE.—The Secretary may issue guidance for use in
carrying out this section.
SEC. 4. ADMINISTRATIVE EXPENSES.
(a) AUTHORIZATION OF CONTRACT AUTHORITY.—There shall be
available from the Highway Trust Fund (other than the Mass
Transit Account) for administrative expenses of the Federal-aid
highway program $187,500,000 for fiscal year 2004.
(b) CONTRACT AUTHORITY.—Funds made available by this sec-
tion shall be available for obligation in the same manner as if
such funds were apportioned under chapter 1 of title 23, United
States Code, and shall be subject to a limitation on obligations
for Federal-aid highways and highway safety construction programs;
except that such funds shall remain available until expended.
SEC. 5. OTHER FEDERAL-AID HIGHWAY PROGRAMS.
(a) AUTHORIZATION
OF APPROPRIATIONS UNDER TITLE I OF
TEA21.—
(1) FEDERAL LANDS HIGHWAYS.—
(A) INDIAN RESERVATION ROADS.—Section 1101(a)(8)(A)
of the Transportation Equity Act for the 21st Century
(112 Stat. 112) is amended—
(i) by inserting before the period at the end the
following: ‘‘and $114,583,333 for the period of October
1, 2003, through February 29, 2004’’; and
(ii) by adding at the end the following: ‘‘The min-
imum amount made available for such period that
the Secretary, in cooperation with the Secretary of
the Interior, shall reserve for Indian reservation road
bridges under section 202(d)(4) of title 23, United
States 
Code, 
shall 
be 
$5,416,667 
instead 
of
$13,000,000.’’.
(B) PUBLIC LANDS HIGHWAYS.—Section 1101(a)(8)(B) of
such Act (112 Stat. 112) is amended by inserting before
the period at the end the following: ‘‘and $102,500,000
for the period of October 1, 2003, through February 29,
2004’’.
(C) PARK ROADS AND PARKWAYS.—Section 1101(a)(8)(C)
of such Act (112 Stat. 112) is amended by inserting before
the period at the end the following: ‘‘and $68,750,000 for
the period of October 1, 2003, through February 29, 2004’’.
(D) REFUGE ROADS.—Section 1101(a)(8)(D) of such Act
(112 Stat. 112) is amended by inserting before the period
at the end the following: ‘‘and $8,333,333 for the period
of October 1, 2003, through February 29, 2004’’.
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117 STAT. 1114
PUBLIC LAW 108–88—SEPT. 30, 2003
(2) NATIONAL CORRIDOR PLANNING AND DEVELOPMENT AND
COORDINATED
BORDER
INFRASTRUCTURE
PROGRAMS.—Section
1101(a)(9) of such Act (112 Stat. 112) is amended by inserting
before the period at the end the following: ‘‘and $58,333,333
for the period of October 1, 2003, through February 29, 2004’’.
(3) CONSTRUCTION OF FERRY BOATS AND FERRY TERMINAL
FACILITIES.—
(A) IN GENERAL.—Section 1101(a)(10) of such Act (112
Stat. 113) is amended by inserting before the period at
the end the following: ‘‘and $15,833,333 for the period
of October 1, 2003, through February 29, 2004’’.
(B) SET ASIDE FOR ALASKA, NEW JERSEY, AND WASH-
INGTON.—To carry out section 1064 of the Intermodal Sur-
face Transportation Efficiency Act of 1991 (23 U.S.C. 129
note; 105 Stat. 2005; 112 Stat. 185), of funds made available
by the amendment made by subparagraph (A)—
(i) $4,166,667 shall be available for section
1064(d)(2);
(ii) $2,083,333 shall be available for section
1064(d)(3); and
(iii) $2,083,333 shall be available for section
1064(d)(4).
(4) 
NATIONAL
SCENIC
BYWAYS
PROGRAM.—Section
1101(a)(11) of the Transportation Equity Act for the 21st Cen-
tury (112 Stat. 113) is amended—
(A) by striking ‘‘and’’ the last place it appears; and
(B) by inserting before the period at the end the fol-
lowing: ‘‘, and $11,458,333 for the period of October 1,
2003, through February 29, 2004’’.
(5) VALUE
PRICING
PILOT
PROGRAM.—Section 1101(a)(12)
of such Act (112 Stat. 113) is amended—
(A) by striking ‘‘and’’; and
(B) by inserting before the period at the end the fol-
lowing: ‘‘, and $4,583,333 for the period of October 1, 2003,
through February 29, 2004’’.
(6) 
HIGHWAY
USE
TAX
EVASION
PROJECTS.—Section
1101(a)(14) of such Act (112 Stat. 113) is amended by inserting
before the period at the end the following: ‘‘and $2,083,333
for the period of October 1, 2003, through February 29, 2004’’.
(7) COMMONWEALTH OF PUERTO RICO HIGHWAY PROGRAM.—
(A) IN GENERAL.—Section 1101(a)(15) of such Act (112
Stat. 113) is amended by inserting before the period at
the end the following: ‘‘and $45,833,333 for the period
of October 1, 2003, through February 29, 2004’’.
(B) CONFORMING AMENDMENT.—Section 1214(r) of such
Act (112 Stat. 209) is amended by striking ‘‘2003’’ and
inserting ‘‘2004’’.
(8) SAFETY GRANTS.—Section 1212(i)(1)(D) of such Act (23
U.S.C. 402 note; 112 Stat. 196; 112 Stat. 840) is amended
by inserting before the period at the end the following: ‘‘and
$208,333 for the period of October 1, 2003, through February
29, 2004’’.
(9) 
TRANSPORTATION
AND
COMMUNITY
AND
SYSTEM
PRESERVATION PILOT PROGRAM.—Section 1221(e)(1) of such Act
(23 U.S.C. 101 note; 112 Stat. 223) is amended by inserting
before the period at the end the following: ‘‘and $10,416,667
for the period of October 1, 2003, through February 29, 2004’’.
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117 STAT. 1115
PUBLIC LAW 108–88—SEPT. 30, 2003
(10) 
TRANSPORTATION
INFRASTRUCTURE
FINANCE
AND
INNOVATION.—Section 188 of title 23, United States Code, is
amended—
(A) in subsection (a)(1)—
(i) by striking ‘‘and’’ at the end of subparagraph
(D);
(ii) by striking the period at the end of subpara-
graph (E) and inserting ‘‘; and’’; and
(iii) by adding at the end the following:
‘‘(F) $58,333,333 for the period of October 1, 2003,
through February 29, 2004.’’;
(B) in subsection (a)(2) by inserting after ‘‘2003’’ the
following: ‘‘and $833,333 for the period of October 1, 2003,
through February 29, 2004’’; and
(C) in subsection (c)—
(i) by striking ‘‘2003’’ and inserting ‘‘2004’’; and
(ii) by striking the period at the end of the table
and inserting the following:
‘‘2004 ...................................................................................................
$1,083,333,333.’’.
(b) AUTHORIZATION
OF APPROPRIATIONS UNDER TITLE V OF
TEA21.—
(1) 
SURFACE
TRANSPORTATION
RESEARCH.—Section
5001(a)(1) of the Transportation Equity Act for the 21st Century
(112 Stat. 419) is amended—
(A) by striking ‘‘2002, and’’ and inserting ‘‘2002,’’; and
(B) by inserting after ‘‘2003’’ the following: ‘‘, and
$43,750,000 for the period of October 1, 2003, through
February 29, 2004’’.
(2) 
TECHNOLOGY
DEPLOYMENT
PROGRAM.—Section
5001(a)(2) of such Act (112 Stat. 419) is amended—
(A) by striking ‘‘2002, and’’ and inserting ‘‘2002,’’; and
(B) by inserting after ‘‘2003’’ the following: ‘‘, and
$22,916,667 for the period of October 1, 2003, through
February 29, 2004’’.
(3) TRAINING AND EDUCATION.—Section 5001(a)(3) of such
Act (112 Stat. 420) is amended—
(A) by striking ‘‘2002, and’’ and inserting ‘‘2002,’’; and
(B) by inserting after ‘‘2003’’ the following: ‘‘, and
$8,750,000 for the period of October 1, 2003, through Feb-
ruary 29, 2004’’.
(4) BUREAU
OF
TRANSPORTATION
STATISTICS.—Section
5001(a)(4) of such Act (112 Stat. 420) is amended by inserting
before the period at the end the following: ‘‘, and $12,916,667
for the period of October 1, 2003, through February 29, 2004’’.
(5) ITS STANDARDS, RESEARCH, OPERATIONAL TESTS, AND
DEVELOPMENT.—Section 5001(a)(5) of such Act (112 Stat. 420)
is amended—
(A) by striking ‘‘2002, and’’ and inserting ‘‘2002,’’; and
(B) by inserting after ‘‘2003’’ the following: ‘‘, and
$47,916,667 for the period of October 1, 2003, through
February 29, 2004’’.
(6) ITS DEPLOYMENT.—Section 5001(a)(6) of such Act (112
Stat. 420) is amended—
(A) by striking ‘‘2002, and’’ and inserting ‘‘2002,’’; and
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117 STAT. 1116
PUBLIC LAW 108–88—SEPT. 30, 2003
(B) by inserting after ‘‘2003’’ the following: ‘‘, and
$51,666,667 for the period of October 1, 2003, through
February 29, 2004’’.
(7) 
UNIVERSITY
TRANSPORTATION
RESEARCH.—Section
5001(a)(7) of such Act (112 Stat. 420) is amended—
(A) by striking ‘‘2002, and’’ and inserting ‘‘2002,’’; and
(B) by inserting after ‘‘2003’’ the following: ‘‘, and
$11,250,000 for the period of October 1, 2003, through
February 29, 2004’’.
(c) METROPOLITAN PLANNING.—
(1) AUTHORIZATION OF CONTRACT AUTHORITY.—There shall
be available from the Highway Trust Fund (other than the
Mass Transit Account) to carry out section 134 of title 23,
United States Code, $100,000,000 for the period of October
1, 2003, through February 29, 2004.
(2) DISTRIBUTION OF FUNDS.—The Secretary shall distribute
funds made available by this subsection to the States in accord-
ance with section 104(f)(2) of title 23, United States Code.
(3) CONTRACT AUTHORITY.—Funds made available by this
subsection shall be available for obligation in the same manner
as if such funds were apportioned under chapter 1 of title
23, United States Code, and shall be subject to a limitation
on obligations for Federal-aid highways and highway safety
construction programs.
(d) TERRITORIES.—Section 1101 of the Transportation Equity
Act for the 21st Century (112 Stat. 111–115) is further amended
by adding at the end the following:
‘‘(d) TERRITORIES.—
‘‘(1) IN GENERAL.—In lieu of the amounts deducted under
section 104(b)(1) of title 23, United States Code, there shall
be available from the Highway Trust Fund (other than the
Mass Transit Account) for the Virgin Islands, Guam, American
Samoa, and the Commonwealth of the Northern Mariana
Islands $15,166,667 for the period of October 1, 2003, through
February 29, 2004.
‘‘(2) CONTRACT AUTHORITY.—Funds made available by this
subsection shall be available for obligation in the same manner
as if the funds were apportioned under chapter 1 of title 23,
United States Code, and shall be subject to a limitation on
obligations for Federal-aid highways and highway safety
construction programs.’’.
(e) ALASKA HIGHWAY.—Section 1101 of such Act is further
amended by adding at the end the following:
‘‘(e) ALASKA HIGHWAY.—
‘‘(1) IN GENERAL.—In lieu of the amounts deducted under
section 104(b)(1) of title 23, United States Code, there shall
be available from the Highway Trust Fund (other than the
Mass Transit Account) for the Alaska Highway program under
section 218 of such title $7,833,333 for the period of October
1, 2003, through February 29, 2004.
‘‘(2) CONTRACT AUTHORITY.—Funds made available by this
subsection shall be available for obligation in the same manner
as if the funds were apportioned under chapter 1 of title 23,
United States Code, and shall be subject to a limitation on
obligations for Federal-aid highways and highway safety
construction programs.’’.
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PUBLIC LAW 108–88—SEPT. 30, 2003
(f) OPERATION LIFESAVER.—Section 1101 of such Act is further
amended by adding at the end the following:
‘‘(f) OPERATION LIFESAVER.—
‘‘(1) IN GENERAL.—In lieu of the amount set aside under
section 104(d)(1) of title 23, United States Code, there shall
be available from the Highway Trust Fund (other than the
Mass Transit Account) to carry out the operation lifesaver
program under such section $208,333 for the period of October
1, 2003, through February 29, 2004.
‘‘(2) CONTRACT AUTHORITY.—Funds made available by this
subsection shall be available for obligation in the same manner
as if the funds were apportioned under chapter 1 of title 23,
United States Code, and shall be subject to a limitation on
obligations for Federal-aid highways and highway safety
construction programs.’’.
(g) BRIDGE DISCRETIONARY.—Section 1101 of such Act is further
amended by adding at the end the following:
‘‘(g) BRIDGE DISCRETIONARY.—
‘‘(1) IN GENERAL.—There shall be available from the High-
way Trust Fund (other than the Mass Transit Account)
$41,666,667 to the Secretary at the discretion of the Secretary
to carry out section 144(g) of title 23, United States Code,
for the period of October 1, 2003, through February 29, 2004.
‘‘(2) CONTRACT AUTHORITY.—Funds made available by this
subsection shall be available for obligation in the same manner
as if the funds were apportioned under chapter 1 of title 23,
United States Code, and shall be subject to a limitation on
obligations for Federal-aid highways and highway safety
construction programs.’’.
(h) INTERSTATE MAINTENANCE.—Section 1101 of such Act is
further amended by adding at the end the following:
‘‘(h) INTERSTATE MAINTENANCE.—
‘‘(1) IN GENERAL.—There shall be available from the High-
way Trust Fund (other than the Mass Transit Account)
$41,666,667 to the Secretary to carry out projects described
in section 118(c)(1) of title 23, United States Code, for the
period of October 1, 2003, through February 29, 2004.
‘‘(2) PROJECT SELECTION CRITERIA.—The project selection
criteria in section 118(c)(2) of such title shall apply to amounts
made available by this subsection.
‘‘(3) CONTRACT AUTHORITY.—Funds made available by this
subsection shall be available for obligation in the same manner
as if the funds were apportioned under chapter 1 of title 23,
United States Code, and shall be subject to a limitation on
obligations for Federal-aid highways and highway safety
construction programs; except that such funds shall remain
available until expended.’’.
(i) RECREATIONAL TRAILS ADMINISTRATIVE COSTS.—Section 1101
of such Act is further amended by adding at the end the following:
‘‘(i) RECREATIONAL TRAILS ADMINISTRATIVE COSTS.—
‘‘(1) IN GENERAL.—In lieu of the amount to be deducted
under section 104(h)(1) of title 23, United States Code, there
shall be available from the Highway Trust Fund (other than
the Mass Transit Account) to the Secretary to cover costs of
the Secretary described in such section $312,500 for the period
of October 1, 2003, through February 29, 2004.
Applicability.
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‘‘(2) CONTRACT AUTHORITY.—Funds made available by this
subsection shall be available for obligation in the same manner
as if the funds were apportioned under chapter 1 of title 23,
United States Code, and shall be subject to a limitation on
obligations for Federal-aid highways and highway safety
construction programs.’’.
(j) RAILWAY-HIGHWAY CROSSING HAZARD ELIMINATION IN HIGH
SPEED RAIL CORRIDORS.—Section 1101 of such Act is further
amended by adding at the end the following:
‘‘(j) RAILWAY-HIGHWAY CROSSING HAZARD ELIMINATION IN HIGH
SPEED RAIL CORRIDORS.—
‘‘(1) IN GENERAL.—In lieu of the amount to be deducted
under section 104(d)(2) of title 23, United States Code, there
shall be available from the Highway Trust Fund (other than
the Mass Transit Account) to the Secretary for elimination
of hazards of railway-highway crossings in accordance with
such section $2,187,500 for the period of October 1, 2003,
through February 29, 2004; except that not less than $104,167
instead of $250,000 shall be available for the period of October
1, 2003, through February 29, 2004, for eligible improvements
described in subparagraph (E) of such section.
‘‘(2) CONTRACT AUTHORITY.—Funds made available by this
subsection shall be available for obligation in the same manner
as if the funds were apportioned under chapter 1 of title 23,
United States Code, and shall be subject to a limitation on
obligations for Federal-aid highways and highway safety
construction programs.’’.
(k) NONDISCRIMINATION.—Section 1101 of such Act is further
amended by adding at the end the following:
‘‘(k) NONDISCRIMINATION.—
‘‘(1) SKILLS TRAINING.—In lieu of the amount to be deducted
under section 140(b) of title 23, United States Code, there
shall be available from the Highway Trust Fund (other than
the Mass Transit Account) to the Secretary for the administra-
tion of such section $4,166,667 for the period of October 1,
2003, through February 29, 2004.
‘‘(2) ON-THE-JOB TRAINING.—In lieu of the amount to be
deducted under section 140(c) of title 23, United States Code,
there shall be available from the Highway Trust Fund (other
than the Mass Transit Account) to the Secretary for the
administration of such section $4,166,667 for the period of
October 1, 2003, through February 29, 2004.
‘‘(3) CONTRACT AUTHORITY.—Funds made available by this
subsection shall be available for obligation in the same manner
as if the funds were apportioned under chapter 1 of title 23,
United States Code, and shall be subject to a limitation on
obligations for Federal-aid highways and highway safety
construction programs; except that funds made available by
paragraph (1) shall remain available until expended.’’.
(l) ADMINISTRATION
OF
FUNDS.—Funds authorized by the
amendments made by this section shall be administered as if the
funds had been apportioned, allocated, deducted, or set aside, as
the case may be, under title 23, United States Code, except that
the deductions under sections 104(a)(1)(A) and 104(a)(1)(B) of such
title shall not apply to funds made available by the amendment
made by subsection (a)(1) of this section.
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(m) REDUCTION OF ALLOCATED PROGRAMS.—The Secretary of
Transportation shall reduce the amount that would be made avail-
able, but for this section, for fiscal year 2004 for allocation under
a program, that is continued both by a law reauthorizing such
program enacted after the date of enactment of this Act and by
this section, by the amount made available for such program by
this section.
(n) PROGRAM CATEGORY RECONCILIATION.—The Secretary may
establish procedures under which funds allocated under this section
for fiscal year 2004 for a program category for which funds are
not authorized for fiscal year 2004 under a multiyear law reauthor-
izing the Federal-aid highway program enacted after the date of
enactment of this Act may be restored to the Federal-aid highway
program.
SEC. 6. EXTENSION OF HIGHWAY SAFETY PROGRAMS.
(a) CHAPTER 1 HIGHWAY SAFETY PROGRAMS.—
(1) SEAT BELT SAFETY INCENTIVE GRANTS.—Section 157 of
title 23, United States Code, is amended—
(A) in subsection (a)(3) by striking ‘‘2001’’ and inserting
‘‘2002’’;
(B) in subsection (a)(8)(B) by striking ‘‘2001’’ and
inserting ‘‘2002’’;
(C) in subsection (b) by striking ‘‘2002’’ and inserting
‘‘2003’’;
(D) in subsection (c)(1) by striking ‘‘2002’’ and inserting
‘‘2003’’;
(E) in subsection (c)(2) by striking ‘‘2002’’ and inserting
‘‘2003’’;
(F) in subsection (f)(4) by striking ‘‘2002’’ and inserting
‘‘2003’’;
(G) in subsection (g)(1)—
(i) by striking ‘‘and’’; and
(ii) by inserting before the period at the end the
following: ‘‘, and $46,666,667 for the period of October
1, 2003, through February 29, 2004’’;
(H) in the heading to subsection (g)(3)(B) by striking
‘‘2003’’ and inserting ‘‘2004’’; and
(I) in subsection (g)(3)(B) by striking ‘‘2003’’ and
inserting ‘‘2004’’.
(2) 
PREVENTION
OF
INTOXICATED
DRIVER
INCENTIVE
GRANTS.—Section 163(e)(1) of such title is amended—
(A) by striking ‘‘and’’; and
(B) by inserting before the period at the end the fol-
lowing: ‘‘, and $50,000,000 for the period of October 1,
2003, through February 29, 2004’’.
(b) CHAPTER 4 HIGHWAY SAFETY PROGRAMS.—Section 2009(a)(1)
of the Transportation Equity Act for the 21st Century (112 Stat.
337) is amended—
(1) by striking ‘‘and’’; and
(2) by inserting before the period at the end the following:
‘‘, and $68,750,000 for the period of October 1, 2003, through
February 29, 2004’’.
(c) HIGHWAY SAFETY RESEARCH AND DEVELOPMENT.—Section
2009(a)(2) of such Act (112 Stat. 337) is amended by inserting
after ‘‘2003’’ the following: ‘‘, and $30,000,000 for the period of
October 1, 2003, through February 29, 2004’’.
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(d) 
OCCUPANT
PROTECTION
INCENTIVE
GRANTS.—Section
2009(a)(3) of such Act (112 Stat. 337) is amended—
(1) by striking ‘‘and’’; and
(2) by inserting before the period at the end the following:
‘‘, and $8,333,333 for the period of October 1, 2003, through
February 29, 2004’’.
(e) ALCOHOL-IMPAIRED DRIVING COUNTERMEASURES INCENTIVE
GRANTS.—
(1) EXTENSION OF PROGRAM.—Section 410 of title 23, United
States Code, is amended—
(A) in subsection (a)(3) by striking ‘‘6’’ and inserting
‘‘7’’; and
(B) in subsection (a)(4)(C) by striking ‘‘and sixth’’ and
inserting ‘‘, sixth, and seventh’’; and
(2) AUTHORIZATION OF APPROPRIATIONS.—Section 2009(a)(4)
of such Act (112 Stat. 337) is amended—
(A) by striking ‘‘and’’ the last place it appears; and
(B) by inserting before the period at the end the fol-
lowing: ‘‘, and $16,666,667 for the period of October 1,
2003, through February 29, 2004’’.
(f) NATIONAL DRIVER REGISTER.—Section 2009(a)(6) of such Act
(112 Stat. 338) is amended by inserting after ‘‘2003’’ the following:
‘‘, and $833,333 for the period of October 1, 2003, through February
29, 2004’’.
(g) ALLOCATIONS.—Section 2009(b) of such Act (112 Stat. 338)
is amended—
(1) in paragraph (1) by striking ‘‘2003’’ and inserting ‘‘2004’’;
and
(2) in paragraph (2) by striking ‘‘2003’’ and inserting ‘‘2004’’.
(h) APPLICABILITY OF TITLE 23.—Section 2009(c) of such Act
(112 Stat. 338) is amended by striking ‘‘2003’’ and inserting ‘‘2004’’.
SEC. 7. EXTENSION OF MOTOR CARRIER SAFETY PROGRAM.
(a) ADMINISTRATIVE EXPENSES.—
(1) IN GENERAL.—There shall be available from the High-
way Trust Fund (other than the Mass Transit Account) for
the Secretary of Transportation to pay administrative expenses
of the Federal Motor Carrier Safety Administration $71,487,500
for the period of October 1, 2003, through February 29, 2004.
(2) USE OF FUNDS.—Funds authorized by this subsection
may be used for personnel costs; administrative infrastructure;
rent; information technology; and programs for research and
technology, regulatory development, and other operating
expenses and similar matters.
(b) MOTOR CARRIER SAFETY ASSISTANCE PROGRAM.—Section
31104(a) of title 49, United States Code, is amended by adding
at the end the following:
‘‘(7) Not more than $68,750,000 for the period of October
1, 2003, through February 29, 2004.’’.
(c) INFORMATION SYSTEMS AND COMMERCIAL DRIVER’S LICENSE
GRANTS.—
(1) AUTHORIZATION OF APPROPRIATION.—Section 31107(a)
of such title is amended—
(A) by striking ‘‘and’’ at the end of paragraph (2);
(B) by striking the period at the end of paragraph
(3) and inserting a semicolon;
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(C) by striking the period at the end of paragraph
(4) and inserting ‘‘; and’’; and
(D) by adding at the end the following:
‘‘(5) $8,333,333 for the period of October 1, 2003 through
February 29, 2004.’’.
(2) EMERGENCY CDL GRANTS.—From amounts made avail-
able by section 31107(a) of title 49, United States Code, for
the period of October 1, 2003 through February 29, 2004, the
Secretary of Transportation may make grants of up to $416,667
to a State whose commercial driver’s license program may
fail to meet the compliance requirements of section 31311(a)
of such title.
(d) CRASH CAUSATION STUDY.—There shall be available from
the Highway Trust Fund (other than the Mass Transit Account)
for the Federal Motor Carrier Safety Administration to continue
the crash causation study required by section 224 of the Motor
Carrier Safety Improvement Act of 1999 (49 U.S.C. 31100 note;
113 Stat. 1770–1771), $416,667 for the period of October 1, 2003
through February 29, 2004.
(e) CONTRACT AUTHORITY.—Funds made available by this sec-
tion shall be available for obligation in the same manner as if
such funds were apportioned under chapter 1 of title 23, United
States Code.
SEC. 8. EXTENSION OF FEDERAL TRANSIT PROGRAMS.
(a) ALLOCATING AMOUNTS.—Section 5309(m) of title 49, United
States Code, is amended—
(1) in paragraph (1) by inserting ‘‘and for the period of
October 1, 2003, through February 29, 2004’’ after ‘‘2003’’;
(2) in paragraph (2)(B) by inserting after clause (ii) the
following:
‘‘(iii) OCTOBER
1, 2003
THROUGH
FEBRUARY
29,
2004.—Of the amounts made available under paragraph
(1)(B), $4,333,333 shall be available for the period of
October 1, 2003, through February 29, 2004, for capital
projects described in clause (i).’’;
(3) in paragraph (3)(B) by inserting after ‘‘2003’’ the fol-
lowing: ‘‘(and $1,250,000 shall be available for the period
October 1, 2003, through February 29, 2004)’’; and
(4) in paragraph (3)(C) by inserting after ‘‘2003’’ the fol-
lowing: ‘‘(and $20,833,334 shall be available for the period
October 1, 2003, through February 29, 2004)’’.
(b) APPORTIONMENT OF APPROPRIATIONS FOR FIXED GUIDEWAY
MODERNIZATION.—
(1) SPECIAL RULE FOR OCTOBER 1, 2003 THROUGH FEBRUARY
29, 2004.—The Secretary of Transportation shall determine the
amount that each urbanized area is to be apportioned for fixed
guideway modernization under section 5337 of title 49, United
States Code, on a pro rata basis to reflect the partial fiscal
year 2004 funding made available by sections 5338(b)(2)(A)(vi)
and 5338(b)(2)(B)(vi) of such title.
(2) TECHNICAL
AMENDMENT.—Section 5337 of such title
is amended by striking the first subsection (e), relating to
special rule.
(c) FORMULA GRANTS AUTHORIZATIONS.—Section 5338(a) of such
title is amended—
Urban areas.
49 USC 5337
note.
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(1) in the heading to paragraph (2) by inserting ‘‘AND FOR
THE PERIOD OF OCTOBER 1, 2003, THROUGH FEBRUARY 29, 2004’’
after ‘‘2003’’;
(2) by striking ‘‘and’’ at the end of paragraphs (2)(A)(iv)
and (2)(B)(iv);
(3) by striking the period at the end of paragraphs (2)(A)(v)
and (2)(B)(v) and inserting ‘‘; and’’;
(4) by adding at the end of paragraph (2)(A) the following:
‘‘(vi) $1,292,948,344 for the period of October 1,
2003, through February 29, 2004.’’;
(5) by adding at the end in paragraph (2)(B) the following:
‘‘(vi) $323,459,169 for the period of October 1, 2003,
through February 29, 2004.’’; and
(6) in paragraph (2)(C) by inserting after ‘‘a fiscal year’’
the following: ‘‘(other than for the period of October 1, 2003,
through February 29, 2004)’’.
(d) ALLOCATION OF FORMULA GRANT FUNDS FOR OCTOBER 1,
2003, THROUGH FEBRUARY 29, 2004.—Of the aggregate of amounts
made available by and appropriated under section 5338(a)(2) of
title 49, United States Code, for the period of October 1, 2003,
through February 29, 2004—
(1) $2,020,813 shall be available to the Alaska Railroad
for improvements to its passenger operations under section
5307 of such title;
(2) $20,833,334 shall be available to carry out section 5308
of such title; and
(3) of the remaining amount—
(A) 2.4 percent shall be available to provide transpor-
tation services to elderly individuals and individuals with
disabilities under section 5310 of such title;
(B) 6.37 percent shall be available to provide financial
assistance for other than urbanized areas under section
5311 of such title; and
(C) 91.23 percent shall be available to provide financial
assistance for urbanized areas under section 5307 of such
title.
(e) CAPITAL PROGRAM AUTHORIZATIONS.—Section 5338(b) of
such title is amended—
(1) in the heading to paragraph (2) by inserting ‘‘AND FOR
THE PERIOD OF OCTOBER 1, 2003, THROUGH FEBRUARY 29, 2004’’
after ‘‘2003’’;
(2) by striking ‘‘and’’ at the end of paragraphs (2)(A)(iv)
and (2)(B)(iv);
(3) by striking the period at the end of paragraphs (2)(A)(v)
and (2)(B)(v) and inserting ‘‘; and’’;
(4) by adding at the end of paragraph (2)(A) the following:
‘‘(vi) $1,022,503,342 for the period of October 1,
2003, through February 29, 2004.’’; and
(5) by adding at the end of paragraph (2)(B) the following:
‘‘(vi) $255,801,669 for the period of October 1, 2003,
through February 29, 2004.’’.
(f) PLANNING
AUTHORIZATIONS
AND
ALLOCATIONS.—Section
5338(c) is amended—
(1) in the heading to paragraph (2) by inserting ‘‘AND FOR
THE PERIOD OF OCTOBER 1, 2003, THROUGH FEBRUARY 29, 2004’’
after ‘‘2003’’;
49 USC 5338.
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(2) by striking ‘‘and’’ at the end of paragraphs (2)(A)(iv)
and (2)(B)(iv);
(3) by striking the period at the end of paragraphs (2)(A)(v)
and (2)(B)(v) and inserting ‘‘; and’’;
(4) by adding at the end of paragraph (2)(A) the following:
‘‘(vi) $24,636,667 for the period of October 1, 2003,
through February 29, 2004.’’;
(5) by adding at the end of paragraph (2)(B) the following:
‘‘(vi) $6,100,000 for the period of October 1, 2003,
through February 29, 2004.’’; and
(6) in paragraph (2)(C) by inserting ‘‘or any portion of
a fiscal year’’ after ‘‘fiscal year’’.
(g) RESEARCH AUTHORIZATIONS.—Section 5338(d) of such title
is amended—
(1) in the heading to paragraph (2) by inserting ‘‘AND FOR
THE PERIOD OF OCTOBER 1, 2003, THROUGH FEBRUARY 29, 2004’’
after ‘‘2003’’;
(2) by striking ‘‘and’’ at the end of paragraphs (2)(A)(iv)
and (2)(B)(iv);
(3) by striking the period at the end of paragraphs (2)(A)(v)
and (2)(B)(v) and inserting ‘‘; and’’;
(4) by adding at the end of paragraph (2)(A) the following:
‘‘(vi) $16,536,667 for the period of October 1, 2003,
through February 29, 2004.’’;
(5) by adding at the end of paragraph (2)(B) the following:
‘‘(vi) $4,095,000 for the period of October 1, 2003,
through February 29, 2004.’’; and
(6) in paragraph (2)(C) by inserting after ‘‘a fiscal year’’
the following: ‘‘(other than for the period of October 1, 2003,
through February 29, 2004)’’.
(h) ALLOCATION OF RESEARCH FUNDS FOR OCTOBER 1, 2003,
THROUGH FEBRUARY 29, 2004.—Of the funds made available by
or appropriated under section 5338(d)(2) of title 49, United States
Code, for the period of October 1, 2003, through February 29,
2004—
(1) not less than $2,187,500 shall be available for providing
rural transportation assistance under section 5311(b)(2) of such
title;
(2) not less than $3,437,500 shall be available for carrying
out transit cooperative research programs under section 5313(a)
of such title;
(3) not less than $1,666,667 shall be available to carry
out programs under the National Transit Institute under sec-
tion 5315 of such title, including not more than $416,667 shall
be available to carry out section 5315(a)(16) of such title; and
(4) the remainder shall be available for carrying out
national planning and research programs under sections
5311(b)(2), 5312, 5313(a), 5314, and 5322 of such title.
(i) UNIVERSITY TRANSPORTATION RESEARCH AUTHORIZATIONS.—
Section 5338(e) of such title is amended—
(1) in the heading to paragraph (2) by inserting ‘‘AND FOR
THE PERIOD OF OCTOBER 1, 2003, THROUGH FEBRUARY 29, 2004’’
after ‘‘2003’’;
(2) in paragraph (2)(A) by inserting after ‘‘2003’’ the fol-
lowing: ‘‘and $2,020,833 for the period of October 1, 2003,
through February 29, 2004’’;
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(3) in paragraph (2)(B) by inserting after ‘‘2003’’ the fol-
lowing: ‘‘and $505,833 for the period of October 1, 2003, through
February 29, 2004’’; and
(4) in clauses (i) and (iii) of paragraph (2)(C) by inserting
after ‘‘fiscal year’’ the following: ‘‘(other than for the period
of October 1, 2003, through February 29, 2004)’’.
(j) ALLOCATION
OF UNIVERSITY TRANSPORTATION RESEARCH
FUNDS.—
(1) IN GENERAL.—Of the amounts made available under
section 5338(e)(2)(A) of title 49, United States Code, for the
period October 1, 2003, through February 29, 2004—
(A) $833,333 shall be available for the center identified
in section 5505(j)(4)(A) of such title; and
(B) $833,333 shall be available for the center identified
in section 5505(j)(4)(F) of such title.
(2) TRAINING AND CURRICULUM DEVELOPMENT.—Notwith-
standing section 5338(e)(2) of such title, any amounts made
available under such section for such period that remain after
distribution under paragraph (1), shall be available for the
purposes identified in section 3015(d) of the Transportation
Equity Act for the 21st Century (112 Stat. 857).
(3) CONFORMING AMENDMENT.—Section 3015(d)(2) of the
Transportation Equity Act for the 21st Century (112 Stat. 857)
is amended by inserting ‘‘and in the period October 31, 2003,
through February 29, 2004’’ after ‘‘2003’’.
(k) ADMINISTRATION AUTHORIZATIONS.—Section 5338(f) of such
title is amended—
(1) in the heading to paragraph (2) by inserting ‘‘AND FOR
THE PERIOD OF OCTOBER 1, 2003, THROUGH FEBRUARY 29, 2004’’
after ‘‘2003’’;
(2) by striking ‘‘and’’ at the end of paragraphs (2)(A)(iv)
and (2)(B)(iv);
(3) by striking the period at the end of paragraphs (2)(A)(v)
and (2)(B)(v) and inserting ‘‘; and’’;
(4) by adding at the end of paragraph (2)(A) the following:
‘‘(vi) $24,585,834 for the period of October 1, 2003,
through February 29, 2004.’’; and
(5) by adding at the end of paragraph (2)(B) the following:
‘‘(vi) $6,150,833 for the period of October 1, 2003,
through February 29, 2004.’’.
(l) JOB ACCESS
AND REVERSE COMMUTE PROGRAM.—Section
3037(l) of the Transportation Equity Act for the 21st Century (49
U.S.C. 5309 note; 112 Stat. 391–392) is amended—
(1) by striking ‘‘and’’ at the end of paragraphs (1)(A)(iv)
and (1)(B)(iv);
(2) by striking the period at the end of paragraphs (1)(A)(v)
and (1)(B)(v) and inserting ‘‘; and’’;
(3) by adding at the end of paragraph (1)(A) the following:
‘‘(vi) $50,519,167 for the period of October 1, 2003,
through February 29, 2004.’’;
(4) by adding at the end of paragraph (1)(B) the following:
‘‘(vi) $12,638,333 for the period of October 1, 2003,
through February 29, 2004.’’; and
(5) by inserting before the period at the end of paragraph
(2) the following: ‘‘; except that in the period of October 1,
2003, through February 29, 2004, $4,166,667 shall be used
for such projects’’.
49 USC 5338
note.
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(m) RURAL TRANSPORTATION ACCESSIBILITY INCENTIVE PRO-
GRAM.—Section 3038(g) of such Act (49 U.S.C. 5310 note; 112 Stat.
393) is amended—
(1) by adding at the end of paragraph (1) the following:
‘‘(F) $2,187,500 for the period of October 1, 2003,
through February 29, 2004.’’; and
(2) in paragraph (2) by inserting after ‘‘2003’’ the following:
‘‘(and $708,333 shall be available for the period of October
1, 2003, through February 29, 2004)’’.
(n) URBANIZED AREA FORMULA GRANTS.—Section 5307(b) of
title 49, United States Code, is amended—
(1) in the heading to paragraph (2) by inserting ‘‘AND FOR
THE PERIOD OF OCTOBER 1, 2003, THROUGH FEBRUARY 29, 2004’’
after ‘‘2003’’;
(2) in paragraph (2)(A)—
(A) by inserting ‘‘and for the period of October 1, 2003,
through February 29, 2004’’ after ‘‘2003,’’;
(B) by striking ‘‘or’’ at the end of clause (ii);
(C) by striking the period at the end of clause (iii)
and inserting ‘‘; and’’; and
(D) by adding at the end the following:
‘‘(iv) a portion of the area was not designated as
an urbanized area as determined under the 1990 Fed-
eral decennial census and received assistance under
section 5311 in fiscal year 2002.’’;
(3) by adding at the end of paragraph (2)(B) the following:
‘‘Each portion of an area not designated as an urbanized area
under the 1990 Federal decennial census and eligible to receive
funds under subparagraph (A)(iv) shall receive an amount of
funds made available to carry out this section that is no less
than the amount the portion of the area received under section
5311 in fiscal year 2002.’’.
(o) OBLIGATION CEILING.—Section 3040 of the Transportation
Equity Act for the 21st Century (112 Stat. 394) is amended—
(1) by striking ‘‘and’’ at the end of paragraph (4);
(2) by striking the period at the end of paragraph (5)
and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(6) $3,042,501,691 for the period of October 1, 2003,
through February 29, 2004.’’.
(p) FUEL CELL BUS AND BUS FACILITIES PROGRAM.—Section
3015(b) of such Act (112 Stat. 361) is amended by inserting ‘‘(or,
in the case of the period of October 1, 2003, through February
29, 2004, $2,020,833)’’ after ‘‘$4,850,000’’.
(q) ADVANCED TECHNOLOGY PILOT PROJECT.—Section 3015(c)(2)
of such Act (49 U.S.C. 322 note; 112 Stat. 361) is amended—
(1) by inserting ‘‘and for the period of October 1, 2003,
through February 29, 2004,’’ after ‘‘2003,’’; and
(2) by inserting ‘‘and $2,083,333 for such period’’ after
‘‘$5,000,000 per fiscal year’’.
(r) PROJECTS FOR NEW FIXED GUIDEWAY SYSTEMS AND EXTEN-
SIONS
TO EXISTING SYSTEMS.—Subsections (a), (b), and (c)(1) of
section 3030 of such Act (112 Stat. 373–381) are amended by
inserting ‘‘and for the period of October 1, 2003, through February
29, 2004,’’ after ‘‘2003’’.
(s) NEW JERSEY URBAN CORE PROJECT.—Subparagraphs (A),
(B), and (C) of section 3031(a)(3) of the Intermodal Surface
23 USC 322 note.
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Transportation Efficiency Act of 1991 (105 Stat. 2122; 112 Stat.
379) are amended by inserting ‘‘and for the period of October
1, 2003, through February 29, 2004,’’ after ‘‘2003,’’.
(t) TREATMENT OF FUNDS.—Amounts made available under the
amendments made by this section shall be treated for purposes
of section 1101(b) of the Transportation Equity Act for the 21st
Century (23 U.S.C. 101 note) as amounts made available for pro-
grams under title III of such Act.
SEC. 9. SPORT FISHING AND BOATING SAFETY.
(a) FUNDING FOR NATIONAL OUTREACH AND COMMUNICATIONS
PROGRAM.—Section 4(c) of the Dingell-Johnson Sport Fish Restora-
tion Act (16 U.S.C. 777c(c)) is amended—
(1) by striking ‘‘and’’ at the end of paragraph (4);
(2) by inserting ‘‘and’’ after the semicolon at the end of
paragraph (5); and
(3) by inserting after paragraph (5) the following:
‘‘(6) $4,166,667 for the period of October 1, 2003, through
February 29, 2004;’’.
(b) CLEAN VESSEL ACT FUNDING.—Section 4(b) of such Act
(16 U.S.C. 777c(b)) is amended—
(1) by redesignating paragraph (4) as paragraph (5);
(2) by inserting after paragraph (3) the following:
‘‘(4) FIRST 5 MONTHS OF FISCAL YEAR 2004.—For the period
of October 1, 2003, through February 29, 2004, of the balance
of each annual appropriation remaining after making the dis-
tribution under subsection (a), an amount equal to $34,166,667,
reduced by 82 percent of the amount appropriated for that
fiscal year from the Boat Safety Account of the Aquatic
Resources Trust Fund established by section 9504 of the
Internal Revenue Code of 1986 to carry out the purposes of
section 13106(a) of title 46, United States Code, shall be used
as follows:
‘‘(A) $4,166,667 shall be available to the Secretary of
the Interior for 3 fiscal years for obligation for qualified
projects under section 5604(c) of the Clean Vessel Act of
1992 (33 U.S.C. 1322 note).
‘‘(B) $3,333,333 shall be available to the Secretary of
the Interior for 3 fiscal years for obligation for qualified
projects under section 7404(d) of the Sportfishing and
Boating Safety Act of 1998 (16 U.S.C. 777g–1(d)).
‘‘(C) The balance remaining after the application of
subparagraphs (A) and (B) shall be transferred to the 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 to read as follows:
‘‘(c) Of the amount transferred to the Secretary of Transpor-
tation under paragraph (4) of section 4(b) of the Dingell-Johnson
Sport Fish Restoration Act (16 U.S.C. 777c(b)), $2,083,333 is avail-
able to the Secretary for payment of expenses of the Coast Guard
for personnel and activities directly related to coordinating and
carrying out the national recreational boating safety program under
this title, of which $833,333 shall be available to the Secretary
only to ensure compliance with chapter 43 of this title. No funds
available to the Secretary under this subsection may be used to
23 USC 101 note.
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117 STAT. 1127
PUBLIC LAW 108–88—SEPT. 30, 2003
replace funding traditionally provided through general appropria-
tions, nor for any purposes except those purposes authorized by
this section. Amounts made available by this subsection shall
remain available until expended. The Secretary shall publish
annually in the Federal Register a detailed accounting of the
projects, programs, and activities funded under this subsection.’’.
SEC. 10. BUDGET LIMITATIONS.
(a) ADJUSTMENTS
TO ANNUALIZED DISCRETIONARY SPENDING
LIMITS.—In the matter that precedes subparagraph (A) of section
251(b)(2) of the Balanced Budget and Emergency Deficit Control
Act of 1985, strike ‘‘through 2002’’.
(b) DISCRETIONARY SPENDING LIMITS.—Section 251(c) of the
Balanced Budget and Emergency Deficit Control Act of 1985 is
amended as follows:
(1) Strike paragraphs (1) through (7) and redesignate para-
graph (8) (which relates to fiscal year 2004) as paragraph
(1) and in such redesignated paragraph strike ‘‘(1) with respect
to fiscal year 2004’’, redesignate the remaining matter as
subparagraph (C), and before such redesignated matter insert
the following:
‘‘(1) with respect to fiscal year 2004—
‘‘(A) for the highway category: $31,834,000,000 in out-
lays;
‘‘(B) for the mass transit category: $1,462,000,000 in
new budget authority and $6,629,000,000 in outlays; and’’.
(2) Redesignate paragraphs (9) through (16) as paragraphs
(2) through (9).
(c) CATEGORY DEFINED.—Section 250(c)(4) of the Balanced
Budget and Emergency Deficit Control Act of 1985 is amended—
(1) in subparagraph (B) by inserting after ‘‘Century’’ the
following: ‘‘and the Surface Transportation Extension Act of
2003’’; and
(2) in subparagraph (C)—
(A) by inserting after ‘‘Century’’ the first place it
appears the following: ‘‘and the Surface Transportation
Extension Act of 2003’’; and
(B) by striking ‘‘that Act’’ and inserting ‘‘those Acts’’.
(d) CONFORMANCE WITH THE CONCURRENT RESOLUTION ON THE
BUDGET FOR FISCAL YEAR 2004.—Notwithstanding any other provi-
sion of law, all adjustments made pursuant to section 110(a)(2)
of title 23, United States Code, to sums authorized to be appro-
priated from the Highway Trust Fund (other than the Mass Transit
Account) to carry out each of the Federal-aid highway and highway
safety construction programs (other than emergency relief) in fiscal
year 2004 shall be deemed to be zero.
(e) SENSE OF CONGRESS ON ADJUSTMENT TO ALIGN HIGHWAY
SPENDING WITH REVENUES.—It is the sense of Congress that, in
any multiyear reauthorization of the Federal-aid highway program,
the alignment of highway spending with revenues under section
251(b)(1)(B)(ii) of the Balanced Budget and Emergency Deficit Con-
trol Act of 1985 should be restructured to minimize year-to-year
fluctuations in highway spending levels and to ensure the uniform
enforcement of such levels.
2 USC 900.
2 USC 901.
Federal Register,
publication.
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117 STAT. 1128
PUBLIC LAW 108–88—SEPT. 30, 2003
SEC. 11. LEVEL OF OBLIGATION LIMITATIONS.
(a) HIGHWAY CATEGORY.—Section 8103(a) of the Transportation
Equity Act for the 21st Century (2 U.S.C. 901 note; 112 Stat.
492) is amended—
(1) by striking ‘‘and’’ at the end of paragraph (4);
(2) by striking the period at the end of paragraph (5)
and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(6) for fiscal year 2004, $34,498,000,000.’’.
(b) MASS TRANSIT CATEGORY.—Section 8103(b) of such Act (2
U.S.C. 901 note; 112 Stat. 492) is amended—
(1) by striking ‘‘and’’ at the end of paragraph (4);
(2) by striking the period at the end of paragraph (5)
and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(6) for fiscal year 2004, $7,303,000,000.’’.
(c) TREATMENT OF FUNDS.—Notwithstanding any other provi-
sion of law, funds made available under this Act, including the
amendments made by this Act, shall be deemed to be zero for
the purposes of section 110 of the title 23, United States Code.
SEC. 12. EXTENSION OF AUTHORIZATION FOR USE OF TRUST FUNDS
FOR OBLIGATIONS UNDER TEA-21.
(a) HIGHWAY TRUST FUND.—
(1) IN GENERAL.—Paragraph (1) of section 9503(c) of the
Internal Revenue Code of 1986 is amended—
(A) in the matter before subparagraph (A), by striking
‘‘October 1, 2003’’ and inserting ‘‘March 1, 2004’’,
(B) by striking ‘‘or’’ at the end of subparagraph (D),
(C) by striking the period at the end of subparagraph
(E) and inserting ‘‘, or’’,
(D) by inserting after subparagraph (E), the following
new subparagraph:
‘‘(F) authorized to be paid out of the Highway Trust
Fund under the Surface Transportation Extension Act of
2003.’’, and
(E) in the matter after subparagraph (F), as added
by this paragraph, by striking ‘‘TEA 21 Restoration Act’’
and inserting ‘‘Surface Transportation Extension Act of
2003’’.
(2) MASS
TRANSIT
ACCOUNT.—Paragraph (3) of section
9503(e) of such Code is amended—
(A) in the matter before subparagraph (A), by striking
‘‘October 1, 2003’’ and inserting ‘‘March 1, 2004’’,
(B) in subparagraph (B), by striking ‘‘or’’ at the end
of such subparagraph,
(C) in subparagraph (C), by inserting ‘‘or’’ after ‘‘Cen-
tury,’’,
(D) by inserting after subparagraph (C) the following
new subparagraph:
‘‘(D) the Surface Transportation Extension Act of
2003,’’, and
(E) in the matter after subparagraph (D), as added
by this paragraph, by striking ‘‘TEA 21 Restoration Act’’
and inserting ‘‘Surface Transportation Extension Act of
2003’’.
26 USC 9503.
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117 STAT. 1129
PUBLIC LAW 108–88—SEPT. 30, 2003
(3) EXCEPTION
TO
LIMITATION
ON
TRANSFERS.—Subpara-
graph (B) of section 9503(b)(5) of such Code is amended by
striking ‘‘October 1, 2003’’ and inserting ‘‘March 1, 2004’’.
(b) AQUATIC RESOURCES TRUST FUND.—
(1) SPORT FISH RESTORATION ACCOUNT.—Paragraph (2) of
section 9504(b) of the Internal Revenue Code of 1986 is
amended—
(A) in subparagraph (A), by striking ‘‘Wildlife and Sport
Fish Restoration Programs Improvement Act of 2000’’ and
inserting ‘‘Surface Transportation Extension Act of 2003’’,
and
(B) in subparagraphs (B) and (C), by striking ‘‘TEA
21 Restoration Act’’ in each such subparagraph and
inserting ‘‘Surface Transportation Extension Act of 2003’’.
(2) BOAT SAFETY ACCOUNT.—Subsection (c) of section 9504
of such Code is amended—
(A) by striking ‘‘October 1, 2003’’ and inserting ‘‘March
1, 2004’’, and
(B) by striking ‘‘TEA 21 Restoration Act’’ and inserting
‘‘Surface Transportation Extension Act of 2003’’.
(3) EXCEPTION TO LIMITATION ON TRANSFERS.—Paragraph
(2) of section 9504(d) of such Code is amended by striking
‘‘October 1, 2003’’ and inserting ‘‘March 1, 2004’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall take effect on the date of the enactment of this Act.
(d) TEMPORARY RULE REGARDING ADJUSTMENTS.—During the
period beginning on the date of the enactment of this Act and
ending on February 29, 2004, for purposes of making any estimate
under section 9503(d) of the Internal Revenue Code of 1986 of
receipts of the Highway Trust Fund, the Secretary of the Treasury
shall treat—
(1) each expiring provision of paragraphs (1) through (4)
of section 9503(b) of such Code which is related to appropria-
tions 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
26 USC 9503
note.
26 USC 9504.
26 USC 9503.
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117 STAT. 1130
PUBLIC LAW 108–88—SEPT. 30, 2003
LEGISLATIVE HISTORY—H.R. 3087 (S. 1640):
SENATE REPORTS: No. 108–54 accompanying S. 1640 (Comm. on Environment
and Public Works).
CONGRESSIONAL RECORD, Vol. 149 (2003):
Sept. 24, considered and passed House.
Sept. 26, considered and passed Senate.
(2) with respect to each tax imposed under the sections
referred to in section 9503(b)(1) of such Code, the rate of such
tax during the 24-month period referred to in section
9503(d)(1)(B) of such Code to be the same as the rate of such
tax as in effect on the date of the enactment of this Act.
Approved September 30, 2003.
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