Surface Transportation Extension Act of 2004
PL 108-202 (H.R.3850), enacted 02/29/2004

118 STAT. 478
PUBLIC LAW 108–202—FEB. 29, 2004
Public Law 108–202
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 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
23 USC 104 note.
23 USC 101 note.
Surface
Transportation
Extension Act of
2004.
Feb. 29, 2004
[H.R. 3850]
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118 STAT. 479
PUBLIC LAW 108–202—FEB. 29, 2004
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
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118 STAT. 480
PUBLIC LAW 108–202—FEB. 29, 2004
29, 2004’’ and inserting ‘‘$160,416,667 for the period
of October 1, 2003, through April 30, 2004’’; and
(ii) in the second sentence by striking ‘‘$5,416,667’’
and inserting ‘‘$7,583,333’’.
(B) PUBLIC LANDS HIGHWAYS.—Section 1101(a)(8)(B) of
such Act (112 Stat. 112; 117 Stat. 1113) is amended by
striking ‘‘$102,500,000 for the period of October 1, 2003,
through February 29, 2004’’ and inserting ‘‘$143,500,000
for the period of October 1, 2003, through April 30, 2004’’.
(C) PARK ROADS AND PARKWAYS.—Section 1101(a)(8)(C)
of such Act (112 Stat. 112; 117 Stat. 1113) is amended
by striking ‘‘$68,750,000 for the period of October 1, 2003,
through February 29, 2004’’ and inserting ‘‘$96,250,000
for the period of October 1, 2003, through April 30, 2004’’.
(D) REFUGE ROADS.—Section 1101(a)(8)(D) of such Act
(112 Stat. 112; 117 Stat. 1113) is amended by striking
‘‘$8,333,333 for the period of October 1, 2003, through
February 29, 2004’’ and inserting ‘‘$11,666,667 for the
period of October 1, 2003, through April 30, 2004’’.
(2) NATIONAL CORRIDOR PLANNING AND DEVELOPMENT AND
COORDINATED
BORDER
INFRASTRUCTURE
PROGRAMS.—Section
1101(a)(9) of such Act (112 Stat. 112; 117 Stat. 1114) is
amended by striking ‘‘$58,333,333 for the period of October
1, 2003, through February 29, 2004’’ and inserting ‘‘$81,666,667
for the period of October 1, 2003, through April 30, 2004’’.
(3) CONSTRUCTION OF FERRY BOATS AND FERRY TERMINAL
FACILITIES.—
(A) IN GENERAL.—Section 1101(a)(10) of such Act (112
Stat. 113; 117 Stat. 1114) is amended by striking
‘‘$15,833,333 for the period of October 1, 2003, through
February 29, 2004’’ and inserting ‘‘$22,166,667 for the
period of October 1, 2003, through April 30, 2004’’.
(B) SET ASIDE FOR ALASKA, NEW JERSEY, AND WASH-
INGTON.—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 Cen-
tury (112 Stat. 113; 117 Stat. 1114) is amended by striking
‘‘$11,458,333 for the period of October 1, 2003, through Feb-
ruary 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’’.
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118 STAT. 481
PUBLIC LAW 108–202—FEB. 29, 2004
(7) COMMONWEALTH OF PUERTO RICO HIGHWAY PROGRAM.—
Section 1101(a)(15) of such Act (112 Stat. 113; 117 Stat. 1114)
is amended by striking ‘‘$45,833,333 for the period of October
1, 2003, through February 29, 2004’’ and inserting ‘‘$64,166,667
for the period of October 1, 2003, through April 30, 2004’’.
(8) SAFETY GRANTS.—Section 1212(i)(1)(D) of such Act (23
U.S.C. 402 note; 112 Stat. 196; 112 Stat. 840; 117 Stat. 1114)
is amended by striking ‘‘$208,333 for the period of October
1, 2003, through February 29, 2004’’ and inserting ‘‘$291,667
for the period of October 1, 2003, through April 30, 2004’’.
(9) 
TRANSPORTATION
AND
COMMUNITY
AND
SYSTEM
PRESERVATION PILOT PROGRAM.—Section 1221(e)(1) of such Act
(23 U.S.C. 101 note; 112 Stat. 223; 117 Stat. 1114) is amended
by striking ‘‘$10,416,667 for the period of October 1, 2003,
through February 29, 2004’’ and inserting ‘‘$14,583,333 for
the period of October 1, 2003, through April 30, 2004’’.
(10) 
TRANSPORTATION
INFRASTRUCTURE
FINANCE
AND
INNOVATION.—Section 188 of title 23, United States Code, is
amended—
(A) by striking subsection (a)(1)(F) and inserting the
following:
‘‘(F) $81,666,666 for the period of October 1, 2003,
through April 30, 2004.’’;
(B) in subsection (a)(2) by striking ‘‘$833,333 for the
period of October 1, 2003, through February 29, 2004’’
and inserting ‘‘$1,166,667 for the period of October 1, 2003,
through April 30, 2004’’; and
(C) in the item relating to fiscal year 2004 in table
contained in subsection (c) by striking ‘‘$1,083,333,333’’
and inserting ‘‘$1,516,666,667’’.
(b) AUTHORIZATION
OF APPROPRIATIONS UNDER TITLE V OF
TEA–21.—
(1) 
SURFACE
TRANSPORTATION
RESEARCH.—Section
5001(a)(1) of the Transportation Equity Act for the 21st Century
(112 Stat. 419; 117 Stat. 1115) is amended by striking
‘‘$43,750,000 for the period of October 1, 2003, through Feb-
ruary 29, 2004’’ and inserting ‘‘$61,250,000 for the period of
October 1, 2003, through April 30, 2004’’.
(2) 
TECHNOLOGY
DEPLOYMENT
PROGRAM.—Section
5001(a)(2) of such Act (112 Stat. 419; 117 Stat. 1115) is
amended by striking ‘‘$22,916,667 for the period of October
1, 2003, through February 29, 2004’’ and inserting ‘‘$32,083,334
for the period of October 1, 2003, through April 30, 2004’’.
(3) TRAINING AND EDUCATION.—Section 5001(a)(3) of such
Act (112 Stat. 420; 117 Stat. 1115) is amended by striking
‘‘$8,750,000 for the period of October 1, 2003, through February
29, 2004’’ and inserting ‘‘$12,250,000 for the period of October
1, 2003, through April 30, 2004’’.
(4) BUREAU
OF
TRANSPORTATION
STATISTICS.—Section
5001(a)(4) of such Act (112 Stat. 420; 117 Stat. 1115) is
amended by striking ‘‘$12,916,667 for the period of October
1, 2003, through February 29, 2004’’ and inserting ‘‘$18,083,333
for the period of October 1, 2003, through April 30, 2004’’.
(5) ITS STANDARDS, RESEARCH, OPERATIONAL TESTS, AND
DEVELOPMENT.—Section 5001(a)(5) of such Act (112 Stat. 420;
117 Stat. 1115) is amended by striking ‘‘$47,916,667 for the
period of October 1, 2003, through February 29, 2004’’ and
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118 STAT. 482
PUBLIC LAW 108–202—FEB. 29, 2004
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—
(1) in paragraph (1) by striking ‘‘$4,166,667 for the period
of October 1, 2003, through February 29, 2004’’ and inserting
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118 STAT. 483
PUBLIC LAW 108–202—FEB. 29, 2004
‘‘$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
section 13106(a) of title 46, United States Code, shall be used
as follows:
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PUBLIC LAW 108–202—FEB. 29, 2004
‘‘(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
(D) in subparagraph (C), by inserting ‘‘, except for
the period beginning on October 1, 2003 and ending on
Ante, p. 293.
Ante, p. 299.
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PUBLIC LAW 108–202—FEB. 29, 2004
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;
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PUBLIC LAW 108–202—FEB. 29, 2004
‘‘(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
117 Stat. 1123.
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PUBLIC LAW 108–202—FEB. 29, 2004
appropriated under section 5338(d)(2) of title 49, United States
Code, for the period of October 1, 2003, through April 30, 2004—
‘‘(1) not less than $3,044,431 shall be available for providing
rural transportation assistance under section 5311(b)(2) of such
title;
‘‘(2) not less than $4,784,106 shall be available for carrying
out transit cooperative research programs under section 5313(a)
of such title;
‘‘(3) not less than $4,784,106 shall be available to carry
out programs under the National Transit Institute under sec-
tion 5315 of such title, including not more than $579,892 to
carry out section 5315(a)(16) of such title; and
‘‘(4) any amounts not made available under paragraphs
(1) through (3) shall be available for carrying out national
planning and research programs under sections 5311(b)(2),
5312, 5313(a), 5314, and 5322 of such title.’’.
(i) UNIVERSITY TRANSPORTATION RESEARCH AUTHORIZATIONS.—
Section 5338(e)(2) of title 49, United States Code, is amended—
(1) in the heading by striking ‘‘FEBRUARY 29, 2004’’ and
inserting ‘‘APRIL 30, 2004’’;
(2) in subparagraph (A)—
(A) by striking ‘‘$2,020,833’’ and inserting ‘‘$2,783,480’’;
and
(B) by striking ‘‘February 29, 2004’’ and inserting ‘‘April
30, 2004’’;
(3) in subparagraph (B)—
(A) by striking ‘‘$505,833’’ and inserting ‘‘$695,870’’;
and
(B) by striking ‘‘February 29, 2004’’ and inserting ‘‘April
30, 2004’’; and
(4) in subparagraph (C) by striking ‘‘February 29, 2004’’
each place it appears and inserting ‘‘April 30, 2004’’.
(j) UNIVERSITY TRANSPORTATION RESEARCH FUNDS.—
(1) IN GENERAL.—Section 8(j) of the Surface Transportation
Extension Act of 2003 is amended to read as follows:
‘‘(j) ALLOCATION
OF UNIVERSITY TRANSPORTATION RESEARCH
FUNDS.—
‘‘(1) IN GENERAL.—Of the amounts made available under
section 5338(e)(2)(A) of title 49, United States Code, for the
period October 1, 2003, through April 30, 2004—
‘‘(A) $994,100 shall be available for the center identified
in section 5505(j)(4)(A) of such title; and
‘‘(B) $994,100 shall be available for the center identified
in section 5505(j)(4)(F) of such title.
‘‘(2) TRAINING AND CURRICULUM DEVELOPMENT.—Notwith-
standing section 5338(e)(2) of title 49, United States Code,
any amounts made available under such section for the period
October 1, 2003, through April 30, 2004, that remain after
distribution under paragraph (1), shall be available for the
purposes specified in section 3015(d) of the Transportation
Equity Act for the 21st Century (112 Stat. 857).’’.
(2) CONFORMING AMENDMENT.—Section 3015(d)(2) of the
Transportation Equity Act for the 21st Century (112 Stat. 857)
is amended by striking ‘‘February 29, 2004’’ and inserting ‘‘April
30, 2004’’.
(k) ADMINISTRATION AUTHORIZATIONS.—Section 5338(f)(2) of
title 49, United States Code, is amended—
49 USC 5338
note.
117 Stat 1124.
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PUBLIC LAW 108–202—FEB. 29, 2004
(1) in the heading by striking ‘‘FEBRUARY 29, 2004’’ and
inserting ‘‘APRIL 30, 2004’’;
(2) in subparagraph (A)(vi)—
(A) 
by 
striking 
‘‘$24,585,834’’ 
and 
inserting
‘‘$35,025,457’’; and
(B) by striking ‘‘February 29, 2004’’ and inserting ‘‘April
30, 2004’’; and
(3) in subparagraph (B)(vi)—
(A) by striking ‘‘$6,150,833’’ and inserting ‘‘$8,756,364’’;
and
(B) by striking ‘‘February 29, 2004’’ and inserting ‘‘April
30, 2004’’.
(l) JOB ACCESS
AND REVERSE COMMUTE PROGRAM.—Section
3037(l) of the Federal Transit Act of 1998 (49 U.S.C. 5309 note)
is amended—
(1) in paragraph (1)(A)(vi)—
(A) 
by 
striking 
‘‘$50,519,167’’ 
and 
inserting
‘‘$57,989,167’’; and
(B) by striking ‘‘February 29, 2004’’ and inserting ‘‘April
30, 2004’’;
(2) in paragraph (1)(B)(vi)—
(A) 
by 
striking 
‘‘$12,638,833’’ 
and 
inserting
‘‘$14,497,292’’; and
(B) by striking ‘‘February 29, 2004’’ and inserting ‘‘April
30, 2004’’;
(3) in paragraph (2) by striking ‘‘February 29, 2004,
$4,166,667’’ and inserting ‘‘April 30, 2004, $5,798,917’’; and
(4) by adding at the end the following:
‘‘(4) TRANSFER IN FISCAL YEAR 2004.—Of the funds made
available or appropriated under paragraph (1) for fiscal year
2004, prior to the allocation under paragraph (3), $11,597,833
shall be administered under the provisions of section 5309
of title 49, United States Code.’’.
(m) RURAL TRANSPORTATION ACCESSIBILITY INCENTIVE PRO-
GRAM.—Section 3038(g) of the Federal Transit Act of 1998 (49
U.S.C. 5310 note) is amended—
(1) in paragraph (1)(F)—
(A) by striking ‘‘$2,187,500’’ and inserting ‘‘$3,044,431’’;
and
(B) by striking ‘‘February 29, 2004’’ and inserting ‘‘April
30, 2004’’; and
(2) in paragraph (2)—
(A) by striking ‘‘$708,333’’ and inserting ‘‘$985,816’’;
and
(B) by striking ‘‘February 29, 2004’’ and inserting ‘‘April
30, 2004’’.
(n) URBANIZED AREA FORMULA GRANTS.—Section 5307(b)(2) of
title 49, United States Code, is amended—
(1) in the heading by striking ‘‘FEBRUARY 29, 2004’’ and
inserting ‘‘APRIL 30, 2004’’; and
(2) in subparagraph (A) by striking ‘‘February 29, 2004’’
and inserting ‘‘April 30, 2004’’;
(o) OBLIGATION
CEILING.—Section 3040(6) of the Federal
Transit Act of 1998 (112 Stat. 394) is amended—
(1) 
by 
striking 
‘‘$3,042,501,691’’ 
and 
inserting
‘‘$4,238,428,192’’; and
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118 STAT. 489
PUBLIC LAW 108–202—FEB. 29, 2004
(2) by striking ‘‘February 29, 2004’’ and inserting ‘‘April
30, 2004’’.
(p) FUEL CELL BUS AND BUS FACILITIES PROGRAM.—Section
3015(b) of the Federal Transit Act of 1998 (112 Stat. 361) is
amended—
(1) by striking ‘‘February 29, 2004’’ and inserting ‘‘April
30, 2004’’; and
(2) by striking ‘‘$2,020,833’’ and inserting ‘‘$2,812,475’’.
(q) ADVANCED TECHNOLOGY PILOT PROJECT.—Section 3015(c)(2)
of the Federal Transit Act of 1998 (49 U.S.C. 322 note) is amended—
(1) by striking ‘‘February 29, 2004,’’ and inserting ‘‘April
30, 2004’’; and
(2) by striking ‘‘$2,083,333’’ and inserting ‘‘$2,812,475’’.
(r) PROJECTS FOR NEW FIXED GUIDEWAY SYSTEMS AND EXTEN-
SIONS TO EXISTING SYSTEMS.—Section 3030 of the Transportation
Equity Act for the 21st Century (112 Stat. 373) is amended by
striking ‘‘February 29, 2004’’ each place it appears and inserting
‘‘April 30, 2004’’.
(s) NEW JERSEY URBAN CORE PROJECT.—Section 3031(a)(3) of
the Intermodal Surface Transportation Efficiency Act of 1991 (105
Stat. 2122; 112 Stat. 379) is amended by striking ‘‘February 29,
2004’’ each place it appears and inserting ‘‘April 30, 2004’’.
(t) TREATMENT OF FUNDS.—Section 8(t) of the Surface Transpor-
tation Extension Act of 2003 (23 U.S.C. 101 note) is amended—
(1) by striking ‘‘Amounts’’ and inserting the following:
‘‘(1) IN GENERAL.—Amounts’’;
(2) by inserting ‘‘and by section 9 of the Surface Transpor-
tation Extension Act of 2004’’ after ‘‘this section’’; and
(3) by adding at the end the following:
‘‘(2) TRANSFERS.—Funds authorized by or made available
under this section shall be transferred in accordance with the
Consolidated Appropriations Act, 2004, except that only 7⁄12
of the total amount to be transferred shall be available.’’.
(u) LOCAL SHARE.—Section 3011(a) of the Federal Transit Act
of 1998 (49 U.S.C. 5307 note) is amended by inserting ‘‘and for
the period of October 1, 2003 through April 30, 2004,’’ after ‘‘2003,’’.
SEC. 10. NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION PRO-
GRAMS.
(a) CHAPTER 4 HIGHWAY SAFETY PROGRAMS.—Section 2009(a)(1)
of the Transportation Equity Act for the 21st Century (112 Stat.
337; 117 Stat. 1119) is amended by striking ‘‘, and $68,750,000
for the period of October 1, 2003, through February 29, 2004’’
and inserting ‘‘, and $96,250,000 for the period of October 1, 2003,
through April 30, 2004’’.
(b) HIGHWAY SAFETY RESEARCH AND DEVELOPMENT.—Section
2009(a)(2) of such Act (112 Stat. 337; 117 Stat. 1119) is amended
by striking ‘‘$30,000,000 for the period of October 1, 2003, through
February 29, 2004’’ and inserting ‘‘$42,000,000 for the period of
October 1, 2003, through April 30, 2004’’.
(c) 
OCCUPANT
PROTECTION
INCENTIVE
GRANTS-.—Section
2009(a)(3) of such Act (112 Stat. 337; 117 Stat. 1120) is amended
by striking ‘‘$8,333,333 for the period of October 1, 2003, through
February 29, 2004’’ and inserting ‘‘$11,666,700 for the period of
October 1, 2003, through April 30, 2004’’.
(d) ALCOHOL-IMPAIRED DRIVING COUNTERMEASURES INCENTIVE
GRANTS.—Section 2009(a)(4) of such Act (112 Stat. 337; 117 Stat.
23 USC 322 note.
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118 STAT. 490
PUBLIC LAW 108–202—FEB. 29, 2004
1120) is amended by striking ‘‘$16,666,667 for the period of October
1, 2003, through February 29, 2004’’ and inserting ‘‘$23,333,300
for the period of October 1, 2003, through April 30, 2004’’.
(e) NATIONAL DRIVER REGISTER.—Section 2009(a)(6) of such
Act (112 Stat. 338; 117 Stat. 1120) is amended by striking ‘‘$833,333
for the period of October 1, 2003, through February 29, 2004’’
and inserting ‘‘$2,100,000 for the period of October 1, 2003, through
April 30, 2004’’.
SEC. 11. FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION PRO-
GRAM.
(a) ADMINISTRATIVE EXPENSES.—Section 7(a)(1) of the Surface
Transportation Extension Act of 2003 (117 Stat. 1120) is amended
by striking ‘‘$71,487,500 for the period of October 1, 2003, through
February 29, 2004’’ and inserting ‘‘$102,467,000 for the period
October 1, 2003 through April 30, 2004’’.
(b) MOTOR CARRIER SAFETY ASSISTANCE PROGRAM.—Section
31104(a)(7) of title 49, United States Code, is amended to read
as follows:
‘‘(7) Not more than $98,352,000 for the period of October
1, 2003, through April 30, 2004.’’.
(c) INFORMATION SYSTEMS AND COMMERCIAL DRIVER’S LICENSE
GRANTS.—
(1) AUTHORIZATION OF APPROPRIATION.—Section 31107(a)(5)
of such title is amended to read as follows:
‘‘(5) $11,639,000 for the period of October 1, 2003, through
April 30, 2004.’’.
(2) EMERGENCY CDL GRANTS.—Section 7(c) of the Surface
Transportation Extension Act of 2003 (117 Stat. 1121) is
amended—
(A) by striking ‘‘February 29,’’ and inserting ‘‘April
30,’’; and
(B) by striking ‘‘$416,667’’ and inserting ‘‘$582,000’’.
(d) CRASH CAUSATION STUDY.—Section 7(d) of such Act is
amended—
(1) by striking ‘‘$416,667’’ and inserting ‘‘$582,000’’; and
(2) by striking ‘‘February 29’’ and inserting ‘‘April 30’’.
(e) TECHNICAL AMENDMENTS.—
(1) IN GENERAL.—Title I of the Transportation, Treasury,
and Independent Agencies Appropriations Act, 2004 (division
F of Public Law 108–199) is amended—
(A) by striking ‘‘Fund and to’’ in the matter appearing
under the heading ‘‘FEDERAL MOTOR CARRIER SAFETY
ADMINISTRATION, MOTOR CARRIER SAFETY, LIMITATION ON
ADMINISTRATIVE EXPENSES’’ and inserting ‘‘Fund, together
with advances and reimbursements received by the Federal
Motor Carrier Safety Administration, the sum of which
shall’’; and
(B) by inserting before the period at the end of the
matter appearing under the heading ‘‘FEDERAL MOTOR CAR-
RIER SAFETY ADMINISTRATION, NATIONAL MOTOR CARRIER
SAFETY PROGRAM’’ the following: ‘‘: Provided further, That
for grants made to States for implementation of section
210 of the Motor Carrier Safety Improvement Act of 1999
(113 Stat. 1764–1765), the Federal share payable under
such grants shall be 100 percent’’.
Ante, p. 298.
Ante, p. 298.
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(2) EFFECTIVE DATE.—The amendments made by paragraph
(1) shall take effect on January 24, 2004.
SEC. 12. EXTENSION OF AUTHORIZATION FOR USE OF TRUST FUNDS
FOR OBLIGATIONS UNDER TEA–21.
(a) HIGHWAY TRUST FUND.—
(1) IN GENERAL.—Paragraph (1) of section 9503(c) of the
Internal Revenue Code of 1986 is amended—
(A) in the matter before subparagraph (A), by striking
‘‘March 1, 2004’’ and inserting ‘‘May 1, 2004’’,
(B) by striking ‘‘or’’ at the end of subparagraph (E),
(C) by striking the period at the end of subparagraph
(F) and inserting ‘‘, or’’,
(D) by inserting after subparagraph (F), the following
new subparagraph:
‘‘(G) authorized to be paid out of the Highway Trust
Fund under the Surface Transportation Extension Act of
2004.’’, and
(E) in the matter after subparagraph (G), as added
by this paragraph, by striking ‘‘Surface Transportation
Extension Act of 2003’’ and inserting ‘‘Surface Transpor-
tation Extension Act of 2004’’.
(2) MASS
TRANSIT
ACCOUNT.—Paragraph (3) of section
9503(e) of such Code is amended—
(A) in the matter before subparagraph (A), by striking
‘‘March 1, 2004’’ and inserting ‘‘May 1, 2004’’,
(B) in subparagraph (C), by striking ‘‘or’’ at the end
of such subparagraph,
(C) in subparagraph (D), by inserting ‘‘or’’ at the end
of such subparagraph,
(D) by inserting after subparagraph (D) the following
new subparagraph:
‘‘(E) the Surface Transportation Extension Act of
2004,’’, and
(E) in the matter after subparagraph (E), as added
by this paragraph, by striking ‘‘Surface Transportation
Extension Act of 2003’’ and inserting ‘‘Surface Transpor-
tation Extension Act of 2004’’.
(3) EXCEPTION
TO
LIMITATION
ON
TRANSFERS.—Subpara-
graph (B) of section 9503(b)(5) of such Code is amended by
striking ‘‘March 1, 2004’’ and inserting ‘‘May 1, 2004’’.
(b) AQUATIC RESOURCES TRUST FUND.—
(1) SPORT FISH RESTORATION ACCOUNT.—Paragraph (2) of
section 9504(b) of the Internal Revenue Code of 1986 is
amended by striking ‘‘Surface Transportation Extension Act
of 2003’’ each place it appears and inserting ‘‘Surface Transpor-
tation Extension Act of 2004’’.
(2) BOAT SAFETY ACCOUNT.—Subsection (c) of section 9504
of such Code is amended—
(A) by striking ‘‘March 1, 2004’’ and inserting ‘‘May
1, 2004’’, and
(B) by striking ‘‘Surface Transportation Extension Act
of 2003’’ and inserting ‘‘Surface Transportation Extension
Act of 2004’’.
(3) EXCEPTION TO LIMITATION ON TRANSFERS.—Paragraph
(2) of section 9504(d) of such Code is amended by striking
‘‘March 1, 2004’’ and inserting ‘‘May 1, 2004’’.
26 USC 9504.
26 USC 9503.
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PUBLIC LAW 108–202—FEB. 29, 2004
LEGISLATIVE HISTORY—H.R. 3850:
CONGRESSIONAL RECORD, Vol. 150 (2004):
Feb. 26, considered and passed House.
Feb. 27, considered and passed Senate.
(c) EFFECTIVE DATE.—The amendments made by this section
shall take effect on the date of the enactment of this Act.
(d) TEMPORARY RULE REGARDING ADJUSTMENTS.—During the
period beginning on the date of the enactment of the Surface
Transportation Extension Act of 2003 and ending on April 30,
2004, for purposes of making any estimate under section 9503(d)
of the Internal Revenue Code of 1986 of receipts of the Highway
Trust Fund, the Secretary of the Treasury shall treat—
(1) each expiring provision of paragraphs (1) through (4)
of section 9503(b) of such Code which is related to 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
(2) with respect to each tax imposed under the sections
referred to in section 9503(b)(1) of such Code, the rate of such
tax during the 24-month period referred to in section
9503(d)(1)(B) of such Code to be the same as the rate of such
tax as in effect on the date of the enactment of the Surface
Transportation Extension Act of 2003.
Approved February 29, 2004.
26 USC 9503
note.
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