[United States Statutes at Large, Volume 118, 108th Congress, 2nd Session]
[From the U.S. Government Printing Office, www.gpo.gov]

118 STAT. 478

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. NOTE: Feb. 29, 2004 -  [H.R. 3850]

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress NOTE: Surface Transportation
Extension Act of 2004. assembled,

SECTION 1. NOTE: 23 USC 101 note. 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) NOTE: 23 USC 104
note. of the Surface Transportation Extension Act of 2003 (117 Stat.
1111) is amended to read as follows:

``(e) Limitation on Obligations.--
``(1) Distribution of obligation authority.--Subject to
paragraph (2), for the period of October 1, 2003, through April
30, 2004, the Secretary shall distribute the obligation
limitation made available for Federal-aid highways and highway
safety construction programs under the heading `federal-aid
highways' in the Transportation, Treasury, and Independent
Agencies Appropriations Act, 2004 (division F of Public Law 108-
199) in accordance with section 110 of such Act; except that

[[Page 479]]
118 STAT. 479

the amount of obligation limitation to be distributed for such
period for each program, project, and activity specified in
sections 110(a)(1), 110(a)(2), 110(a)(4), 110(a)(5), and 110(g)
of such Act shall equal the greater of--
``(A) the funding authorized for such program,
project, or activity in this Act and the Surface
Transportation Extension Act of 2004 (including any
amendments made by this Act and such Act); or
``(B) \7/12\ of the funding provided for or
limitation set on such program, project, or activity in
the Transportation, Treasury, and Independent Agencies
Appropriations Act, 2004 (Public Law 108-199).
``(2) Limitation on total amount of authority distributed.--
The total amount of obligation limitation distributed under
paragraph (1) for the period of October 1, 2003, through April
30, 2004, shall not exceed $19,741,750,000; except that this
limitation shall not apply to $372,750,000 in obligations for
minimum guarantee for such period.
``(3) Time period for obligations of funds.--After April 30,
2004, no funds shall be obligated for any Federal-aid highway
program project until the date of enactment of a law
reauthorizing the Federal-aid highway program.
``(4) Treatment of obligations.--Any obligation of
obligation authority distributed under this subsection shall be
considered to be an obligation for Federal-aid highways and
highway safety construction programs for fiscal year 2004 for
the purposes of the matter under the heading `federal-aid
highways' in the Transportation, Treasury, and Independent
Agencies Appropriations Act, 2004.''.

SEC. 3. TRANSFERS OF UNOBLIGATED APPORTIONMENTS.

Section 3 of the Surface Transportation Extension Act of 2003 (117
Stat. 1112-1113) is amended by adding at the end the following:
``(e) Prohibition of Transfers.--Notwithstanding any other provision
of this section, no funds may be transferred after February 29, 2004, by
a State under subsection (a)--
``(1) from amounts apportioned to the State for the
congestion mitigation and air quality improvement program; and
``(2) from amounts apportioned to the State for the surface
transportation program and that are subject to any of paragraphs
(1), (2), and (3)(A)(i) of section 133(d) of title 23, United
States Code.''.

SEC. 4. ADMINISTRATIVE EXPENSES.

Section 4(a) of the Surface Transportation Extension Act of 2003
(117 Stat. 1113) is amended by striking ``$187,500,000'' and inserting
``$262,500,000''.

SEC. 5. OTHER FEDERAL-AID HIGHWAY PROGRAMS.

(a) Authorization of Appropriations Under Title I of TEA-21.--
(1) Federal lands highways.--
(A) Indian reservation roads.--Section 1101(a)(8)(A)
of the Transportation Equity Act for the 21st Century
(112 Stat. 112; 117 Stat. 1113) is amended--
(i) in the first sentence by striking
``$114,583,333 for the period of October 1, 2003,
through February

[[Page 480]]
118 STAT. 480

29, 2004'' and inserting ``$160,416,667 for the
period of October 1, 2003, through April 30,
2004''; and
(ii) in the second sentence by striking
``$5,416,667'' and inserting ``$7,583,333''.
(B) Public lands highways.--Section 1101(a)(8)(B) of
such Act (112 Stat. 112; 117 Stat. 1113) is amended by
striking ``$102,500,000 for the period of October 1,
2003, through February 29, 2004'' and inserting
``$143,500,000 for the period of October 1, 2003,
through April 30, 2004''.
(C) Park roads and parkways.--Section 1101(a)(8)(C)
of such Act (112 Stat. 112; 117 Stat. 1113) is amended
by striking ``$68,750,000 for the period of October 1,
2003, through February 29, 2004'' and inserting
``$96,250,000 for the period of October 1, 2003, through
April 30, 2004''.
(D) Refuge roads.--Section 1101(a)(8)(D) of such Act
(112 Stat. 112; 117 Stat. 1113) is amended by striking
``$8,333,333 for the period of October 1, 2003, through
February 29, 2004'' and inserting ``$11,666,667 for the
period of October 1, 2003, through April 30, 2004''.
(2) National corridor planning and development and
coordinated border infrastructure programs.--Section 1101(a)(9)
of such Act (112 Stat. 112; 117 Stat. 1114) is amended by
striking ``$58,333,333 for the period of October 1, 2003,
through February 29, 2004'' and inserting ``$81,666,667 for the
period of October 1, 2003, through April 30, 2004''.
(3) Construction of ferry boats and ferry terminal
facilities.--
(A) In general.--Section 1101(a)(10) of such Act
(112 Stat. 113; 117 Stat. 1114) is amended by striking
``$15,833,333 for the period of October 1, 2003, through
February 29, 2004'' and inserting ``$22,166,667 for the
period of October 1, 2003, through April 30, 2004''.
(B) Set aside for alaska, new jersey, and
washington.--Section 5(a)(3)(B) of the Surface
Transportation Extension Act of 2003 (117 Stat. 1114) is
amended--
(i) in clause (i) by striking ``$4,166,667''
and inserting ``$5,833,333'';
(ii) in clause (ii) by striking ``$2,083,333''
and inserting ``$2,916,667''; and
(iii) in clause (iii) by striking
``$2,083,333'' and inserting ``$2,916,667''.
(4) National scenic byways program.--Section 1101(a)(11) of
the Transportation Equity Act for the 21st Century (112 Stat.
113; 117 Stat. 1114) is amended by striking ``$11,458,333 for
the period of October 1, 2003, through February 29, 2004'' and
inserting ``$16,041,666 for the period of October 1, 2003,
through April 30, 2004'' .
(5) Value pricing pilot program.--Section 1101(a)(12) of
such Act (112 Stat. 113; 117 Stat. 1114) is amended by striking
``$4,583,333 for the period of October 1, 2003, through February
29, 2004'' and inserting ``$6,416,667 for the period of October
1, 2003, through April 30, 2004''.
(6) Highway use tax evasion projects.--Section 1101(a)(14)
of such Act (112 Stat. 113; 117 Stat. 1114) is amended by
striking ``$2,083,333 for the period of October 1, 2003, through
February 29, 2004'' and inserting ``$2,916,667 for the period of
October 1, 2003, through April 30, 2004''.

[[Page 481]]
118 STAT. 481

(7) Commonwealth of puerto rico highway program.--Section
1101(a)(15) of such Act (112 Stat. 113; 117 Stat. 1114) is
amended by striking ``$45,833,333 for the period of October 1,
2003, through February 29, 2004'' and inserting ``$64,166,667
for the period of October 1, 2003, through April 30, 2004''.
(8) Safety grants.--Section 1212(i)(1)(D) of such Act (23
U.S.C. 402 note; 112 Stat. 196; 112 Stat. 840; 117 Stat. 1114)
is amended by striking ``$208,333 for the period of October 1,
2003, through February 29, 2004'' and inserting ``$291,667 for
the period of October 1, 2003, through April 30, 2004''.
(9) Transportation and community and system preservation
pilot program.--Section 1221(e)(1) of such Act (23 U.S.C. 101
note; 112 Stat. 223; 117 Stat. 1114) is amended by striking
``$10,416,667 for the period of October 1, 2003, through
February 29, 2004'' and inserting ``$14,583,333 for the period
of October 1, 2003, through April 30, 2004''.
(10) Transportation infrastructure finance and innovation.--
Section 188 of title 23, United States Code, is amended--
(A) by striking subsection (a)(1)(F) and inserting
the following:
``(F) $81,666,666 for the period of October 1, 2003,
through April 30, 2004.'';
(B) in subsection (a)(2) by striking ``$833,333 for
the period of October 1, 2003, through February 29,
2004'' and inserting ``$1,166,667 for the period of
October 1, 2003, through April 30, 2004''; and
(C) in the item relating to fiscal year 2004 in
table contained in subsection (c) by striking
``$1,083,333,333'' and inserting ``$1,516,666,667''.

(b) Authorization of Appropriations Under Title V of TEA-21.--
(1) Surface transportation research.--Section 5001(a)(1) of
the Transportation Equity Act for the 21st Century (112 Stat.
419; 117 Stat. 1115) is amended by striking ``$43,750,000 for
the period of October 1, 2003, through February 29, 2004'' and
inserting ``$61,250,000 for the period of October 1, 2003,
through April 30, 2004''.
(2) Technology deployment program.--Section 5001(a)(2) of
such Act (112 Stat. 419; 117 Stat. 1115) is amended by striking
``$22,916,667 for the period of October 1, 2003, through
February 29, 2004'' and inserting ``$32,083,334 for the period
of October 1, 2003, through April 30, 2004''.
(3) Training and education.--Section 5001(a)(3) of such Act
(112 Stat. 420; 117 Stat. 1115) is amended by striking
``$8,750,000 for the period of October 1, 2003, through February
29, 2004'' and inserting ``$12,250,000 for the period of October
1, 2003, through April 30, 2004''.
(4) Bureau of transportation statistics.--Section 5001(a)(4)
of such Act (112 Stat. 420; 117 Stat. 1115) is amended by
striking ``$12,916,667 for the period of October 1, 2003,
through February 29, 2004'' and inserting ``$18,083,333 for the
period of October 1, 2003, through April 30, 2004''.
(5) ITS standards, research, operational tests, and
development.--Section 5001(a)(5) of such Act (112 Stat. 420; 117
Stat. 1115) is amended by striking ``$47,916,667 for the period
of October 1, 2003, through February 29, 2004'' and

[[Page 482]]
118 STAT. 482

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

[[Page 483]]
118 STAT. 483

``$5,833,333 for the period of October 1, 2003, through April
30, 2004''; and
(2) in paragraph (2) by striking ``$4,166,667 for the period
of October 1, 2003, through February 29, 2004'' and inserting
``$5,833,333 for the period of October 1, 2003, through April
30, 2004''.

(l) Administration of Funds.--Section 5(l) of the Surface
Transportation Extension Act of 2003 (117 Stat. 1118) is amended--
(1) by inserting ``and section 5 of the Surface
Transportation Extension Act of 2004'' after ``this section''
the first place it appears; and
(2) by inserting ``or the amendment made by section 4(a)(1)
of such Act'' before the period at the end.

(m) Reduction of Allocated Programs.--Section 5(m) of such Act (117
Stat. 1119) is amended--
(1) by inserting ``and section 5 of the Surface
Transportation Extension Act of 2004'' after ``but for this
section'';
(2) by striking ``both'';
(3) by striking ``and by this section'' and inserting ``, by
this section, and by section 5 of such Act''; and
(4) by inserting ``and by section 5 of such Act'' before the
period at the end.

(n) Program Category Reconciliation.--Section 5(n) of such Act (117
Stat. 1119) is amended by inserting ``and section 5 of the Surface
Transportation Extension Act of 2004'' after ``this section''.

SEC. 6. EXTENSION OF HIGHWAY SAFETY PROGRAMS.

(a) Seat Belt Safety Incentive Grants.--Section 157(g)(1) of title
23, United States Code, is amended by striking ``$46,666,667 for the
period of October 1, 2003, through February 29, 2004'' and inserting
``$65,333,333 for the period of October 1, 2003, through April 30,
2004''.
(b) Prevention of Intoxicated Driver Incentive Grants.--Section
163(e)(1) of such title is amended by striking ``$50,000,000 for the
period of October 1, 2003, through February 29, 2004'' and inserting
``$70,000,000 for the period of October 1, 2003, through April 30,
2004''.

SEC. 7. SPORT FISHING AND BOATING SAFETY.

(a) Funding for National Outreach and Communications Program.--
Section 4(c)(6)of the Dingell-Johnson Sport Fish Restoration Act (16
U.S.C. 777c(c)(6)) is amended to read as follows:
``(6) $5,833,333 for the period of October 1, 2003, through
April 30, 2004;''.

(b) Clean Vessel Act Funding.--Section 4(b)(4) of such Act (16
U.S.C. 777c(b)(4)) is amended to read as follows:
``(4) First 7 months of fiscal year 2004.--For the period of
October 1, 2003, through April 30, 2004, of the balance of each
annual appropriation remaining after making the distribution
under subsection (a), an amount equal to $47,833,333, reduced by
82 percent of the amount appropriated for that fiscal year from
the Boat Safety Account of the Aquatic Resources Trust Fund
established by section 9504 of the Internal Revenue Code of 1986
to carry out the purposes of section 13106(a) of title 46,
United States Code, shall be used as follows:

[[Page 484]]
118 STAT. 484

``(A) $5,833,333 shall be available to the Secretary
of the Interior for 3 fiscal years for obligation for
qualified projects under section 5604(c) of the Clean
Vessel Act of 1992 (33 U.S.C. 1322 note).
``(B) $4,666,667 shall be available to the Secretary
of the Interior for 3 fiscal years for obligation for
qualified projects under section 7404(d) of the
Sportfishing and Boating Safety Act of 1998 (16 U.S.C.
777g-1(d)).
``(C) The balance remaining after the application of
subparagraphs (A) and (B) shall be transferred to the
Secretary of Transportation and shall be expended for
State recreational boating safety programs under section
13106 of title 46, United States Code.''.

(c) Boat Safety Funds.--Section 13106(c) of title 46, United States
Code, is amended--
(1) by striking ``$2,083,333'' and inserting ``$2,916,667'';
and
(2) by striking ``$833,333'' and inserting ``$1,166,667''.

SEC. 8. TECHNICAL AMENDMENTS.

(a) Highway Safety Grants.--
(1) In general.--Title I of the Transportation, Treasury,
and Independent Agencies Appropriations Act, 2004 (division F of
Public Law 108-199) is amended by inserting before the period at
the end of the matter under the heading ``National Highway
Traffic Safety Administration, highway traffic safety grants''
the NOTE: Ante, p. 299. following: ``: Provided further,
That not to exceed $2,600,000 of the funds subject to allocation
under section 157 of title 23, United States Code, and not to
exceed $2,600,000 of the funds subject to apportionment under
section 163 of that title, shall be available to the National
Highway Traffic Safety Administration for administering highway
safety grants under those sections''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect on January 24, 2004.

(b) Federal Highway Administration.--Section 110(g) of the
Transportation, Treasury, and Independent Agencies Appropriations Act,
2004 (division F of Public Law 108-199) NOTE: Ante, p. 293. is
amended by adding at the end the following: ``Obligation authority shall
be available until used and in addition to the amount of any limitation
imposed on obligations for Federal-aid highway and highway safety
construction programs for future fiscal years.''.

SEC. 9. EXTENSION OF FEDERAL TRANSIT PROGRAMS.

(a) Allocating Amounts.--Section 5309(m) of title 49, United States
Code, is amended--
(1) in paragraph (1)--
(A) by striking ``February 29, 2004'' and inserting
``April 30, 2004'';
(B) in subparagraph (A), by inserting ``, except for
the period beginning on October 1, 2003, and ending on
April 30, 2004, during which $699,642,775 will be
available'' after ``modernization'';
(C) in subparagraph (B), by inserting ``, except for
the period beginning on October 1, 2003, and ending on
April 30, 2004, during which $767,657,109 will be
available'' before the semicolon; and
(D) in subparagraph (C), by inserting ``, except for
the period beginning on October 1, 2003 and ending on

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118 STAT. 485

April 30, 2004, during which $352,110,220 will be
available'' after ``facilities'';
(2) by amending paragraph (2)(B)(iii) to read as follows:
``(iii) October 1, 2003 through april 30,
2004.--Of the amounts made available under
paragraph (1)(B), $6,066,667 shall be available
for the period beginning on October 1, 2003, and
ending on April 30, 2004, for capital projects
described in clause (i).'';
(3) in paragraph (3)(B)--
(A) by striking ``$1,250,000'' and inserting
``$1,750,000''; and
(B) by striking ``February 29, 2004'' and inserting
``April 30, 2004''; and
(4) in paragraph (3)(C)--
(A) by striking ``$20,833,334 shall be available''
and inserting ``$28,994,583 shall be transferred to and
administered under section 5309 for buses and bus
facilities''; and
(B) by striking ``February 29, 2004'' and inserting
``April 30, 2004''.

(b) Apportionment of Appropriations for Fixed Guideway
Modernization.--Section 8(b)(1) of the Surface Transportation Extension
Act of 2003 (49 U.S.C. 5337 note) is amended by striking ``February 29,
2004'' and inserting ``April 30, 2004''.
(c) Formula Grants Authorizations.--Section 5338(a) of title 49,
United States Code, is amended--
(1) in the heading to paragraph (2) by striking ``february
29, 2004'' and inserting ``april 30, 2004'';
(2) in paragraph (2)(A)(vi)--
(A) by striking ``$1,292,948,344'' and inserting
``$1,780,963,287''; and
(B) by striking ``February 29, 2004'' and inserting
``April 30, 2004'';
(3) in paragraph (2)(B)(vi)--
(A) by striking ``$323,459,169'' and inserting
``$445,240,822''; and
(B) by striking ``February 29, 2004'' and inserting
``April 30, 2004''; and
(4) in paragraph (2)(C) by striking ``February 29, 2004''
and inserting ``April 30, 2004''.

(d) Formula Grant Funds.--Section 8(d) of the Surface Transportation
Extension Act of 2003 (117 Stat. 1122) is amended to read as follows:
``(d) Allocation of Formula Grant Funds for October 1, 2003, Through
April 30, 2004.--Of the aggregate of amounts made available by or
appropriated under section 5338(a)(2) of title 49, United States Code,
for the period of October 1, 2003, through April 30, 2004--
``(1) $ 2,812,446 shall be available to the Alaska Railroad
for improvements to its passenger operations under section 5307
of such title;
``(2) $28,994,583 shall be available for bus and bus
facilities grants under section 5309 of such title;
``(3) $52,568,804 shall be available to provide
transportation services to elderly individuals and individuals
with disabilities under section 5310 of such title;

[[Page 486]]
118 STAT. 486

``(4) $139,526,367 shall be available to provide financial
assistance for other than urbanized areas under section 5311 of
such title;
``(5) $4,030,247 shall be available to provide financial
assistance in accordance with section 3038(g) of the
Transportation Equity Act for the 21st Century; and
``(6) $1,998,271,661 shall be available to provide financial
assistance for urbanized areas under section 5307 of such
title.''.

(e) Capital Program Authorizations.--Section 5338(b)(2) of title 49,
United States Code, is amended--
(1) in the heading by striking ``february 29, 2004'' and
inserting ``april 30, 2004'';
(2) in subparagraph (A)(vi)--
(A) by striking ``$1,022,503,342'' and inserting
``$1,819,410,104''; and
(B) by striking ``February 29, 2004'' and inserting
``April 30, 2004''; and
(3) in subparagraph (B)(vi)--
(A) by striking ``$255,801,669'' and inserting
``$363,882,021''; and
(B) by striking ``February 29, 2004'' and inserting
``April 30, 2004''.

(f) Planning Authorizations and Allocations.--Section 5338(c)(2) of
title 49, United States Code, is amended--
(1) in the heading by striking ``february 29, 2004'' and
inserting ``april 30, 2004'';
(2) in subparagraph (A)(vi)--
(A) by striking ``$24,636,667'' and inserting
``$33,981,652''; and
(B) by striking ``February 29, 2004'' and inserting
``April 30, 2004''; and
(3) in subparagraph (B)(vi)--
(A) by striking ``$6,100,000'' and inserting
``$8,350,440''; and
(B) by striking ``February 29, 2004'' and inserting
``April 30, 2004''.

(g) Research Authorizations.--Section 5338(d)(2) of title 49, United
States Code, is amended--
(1) in the heading by striking ``february 29, 2004'' and
inserting ``april 30, 2004'';
(2) in subparagraph (A)(vi)--
(A) by striking ``$16,536,667'' and inserting
``$24,471,428''; and
(B) by striking ``February 29, 2004'' and inserting
``April 30, 2004'';
(3) in subparagraph (B)(vi)--
(A) by striking ``$4,095,000'' and inserting
``$6,262,830''; and
(B) by striking ``February 29, 2004'' and inserting
``April 30, 2004''; and
(4) in subparagraph (C) by striking ``February 29, 2004''
and inserting ``April 30, 2004''.

(h) Research Funds.--Section 8(h) of the Surface Transportation
Extension Act of 2003 NOTE: 117 Stat. 1123. 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

[[Page 487]]
118 STAT. 487

appropriated under section 5338(d)(2) of title 49, United States Code,
for the period of October 1, 2003, through April 30, 2004--
``(1) not less than $3,044,431 shall be available for
providing rural transportation assistance under section
5311(b)(2) of such title;
``(2) not less than $4,784,106 shall be available for
carrying out transit cooperative research programs under section
5313(a) of such title;
``(3) not less than $4,784,106 shall be available to carry
out programs under the National Transit Institute under section
5315 of such title, including not more than $579,892 to carry
out section 5315(a)(16) of such title; and
``(4) any amounts not made available under paragraphs (1)
through (3) shall be available for carrying out national
planning and research programs under sections 5311(b)(2), 5312,
5313(a), 5314, and 5322 of such title.''.

(i) University Transportation Research Authorizations.--Section
5338(e)(2) of title 49, United States Code, is amended--
(1) in the heading by striking ``february 29, 2004'' and
inserting ``april 30, 2004'';
(2) in subparagraph (A)--
(A) by striking ``$2,020,833'' and inserting
``$2,783,480''; and
(B) by striking ``February 29, 2004'' and inserting
``April 30, 2004'';
(3) in subparagraph (B)--
(A) by striking ``$505,833'' and inserting
``$695,870''; and
(B) by striking ``February 29, 2004'' and inserting
``April 30, 2004''; and
(4) in subparagraph (C) by striking ``February 29, 2004''
each place it appears and inserting ``April 30, 2004''.

(j) University Transportation Research Funds.--
(1) In general.--Section 8(j) of the Surface Transportation
Extension Act of 2003 NOTE: 117 Stat 1124. is amended to
read as follows:

``(j) Allocation of University Transportation Research Funds.--
``(1) In general.--Of the amounts made available under
section 5338(e)(2)(A) of title 49, United States Code, for the
period October 1, 2003, through April 30, 2004--
``(A) $994,100 shall be available for the center
identified in section 5505(j)(4)(A) of such title; and
``(B) $994,100 shall be available for the center
identified in section 5505(j)(4)(F) of such title.
``(2) Training and curriculum development.--Notwithstanding
section 5338(e)(2) of title 49, United States Code, any amounts
made available under such section for the period October 1,
2003, through April 30, 2004, that remain after distribution
under paragraph (1), shall be available for the purposes
specified in section 3015(d) of the Transportation Equity Act
for the 21st Century (112 Stat. 857).''.
(2) Conforming amendment.--Section 3015(d)(2) of the
Transportation Equity Act for the 21st NOTE: 49 USC 5338
note. 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--

[[Page 488]]
118 STAT. 488

(1) in the heading by striking ``february 29, 2004'' and
inserting ``april 30, 2004'';
(2) in subparagraph (A)(vi)--
(A) by striking ``$24,585,834'' and inserting
``$35,025,457''; and
(B) by striking ``February 29, 2004'' and inserting
``April 30, 2004''; and
(3) in subparagraph (B)(vi)--
(A) by striking ``$6,150,833'' and inserting
``$8,756,364''; and
(B) by striking ``February 29, 2004'' and inserting
``April 30, 2004''.

(l) Job Access and Reverse Commute Program.--Section 3037(l) of the
Federal Transit Act of 1998 (49 U.S.C. 5309 note) is amended--
(1) in paragraph (1)(A)(vi)--
(A) by striking ``$50,519,167'' and inserting
``$57,989,167''; and
(B) by striking ``February 29, 2004'' and inserting
``April 30, 2004'';
(2) in paragraph (1)(B)(vi)--
(A) by striking ``$12,638,833'' and inserting
``$14,497,292''; and
(B) by striking ``February 29, 2004'' and inserting
``April 30, 2004'';
(3) in paragraph (2) by striking ``February 29, 2004,
$4,166,667'' and inserting ``April 30, 2004, $5,798,917''; and
(4) by adding at the end the following:
``(4) Transfer in fiscal year 2004.--Of the funds made
available or appropriated under paragraph (1) for fiscal year
2004, prior to the allocation under paragraph (3), $11,597,833
shall be administered under the provisions of section 5309 of
title 49, United States Code.''.

(m) Rural Transportation Accessibility Incentive Program.--Section
3038(g) of the Federal Transit Act of 1998 (49 U.S.C. 5310 note) is
amended--
(1) in paragraph (1)(F)--
(A) by striking ``$2,187,500'' and inserting
``$3,044,431''; and
(B) by striking ``February 29, 2004'' and inserting
``April 30, 2004''; and
(2) in paragraph (2)--
(A) by striking ``$708,333'' and inserting
``$985,816''; and
(B) by striking ``February 29, 2004'' and inserting
``April 30, 2004''.

(n) Urbanized Area Formula Grants.--Section 5307(b)(2) of title 49,
United States Code, is amended--
(1) in the heading by striking ``february 29, 2004'' and
inserting ``april 30, 2004''; and
(2) in subparagraph (A) by striking ``February 29, 2004''
and inserting ``April 30, 2004'';

(o) Obligation Ceiling.--Section 3040(6) of the Federal Transit Act
of 1998 (112 Stat. 394) is amended--
(1) by striking ``$3,042,501,691'' and inserting
``$4,238,428,192''; and

[[Page 489]]
118 STAT. 489

(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) NOTE: 23 USC 322
note. is amended--
(1) by striking ``February 29, 2004,'' and inserting ``April
30, 2004''; and
(2) by striking ``$2,083,333'' and inserting ``$2,812,475''.

(r) Projects for New Fixed Guideway Systems and Extensions to
Existing Systems.--Section 3030 of the Transportation Equity Act for the
21st Century (112 Stat. 373) is amended by striking ``February 29,
2004'' each place it appears and inserting ``April 30, 2004''.
(s) New Jersey Urban Core Project.--Section 3031(a)(3) of the
Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat.
2122; 112 Stat. 379) is amended by striking ``February 29, 2004'' each
place it appears and inserting ``April 30, 2004''.
(t) Treatment of Funds.--Section 8(t) of the Surface Transportation
Extension Act of 2003 (23 U.S.C. 101 note) is amended--
(1) by striking ``Amounts'' and inserting the following:
``(1) In general.--Amounts'';
(2) by inserting ``and by section 9 of the Surface
Transportation Extension Act of 2004'' after ``this section'';
and
(3) by adding at the end the following:
``(2) Transfers.--Funds authorized by or made available
under this section shall be transferred in accordance with the
Consolidated Appropriations Act, 2004, except that only \7/12\
of the total amount to be transferred shall be available.''.

(u) Local Share.--Section 3011(a) of the Federal Transit Act of 1998
(49 U.S.C. 5307 note) is amended by inserting ``and for the period of
October 1, 2003 through April 30, 2004,'' after ``2003,''.

SEC. 10. NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION PROGRAMS.

(a) Chapter 4 Highway Safety Programs.--Section 2009(a)(1) of the
Transportation Equity Act for the 21st Century (112 Stat. 337; 117 Stat.
1119) is amended by striking ``, and $68,750,000 for the period of
October 1, 2003, through February 29, 2004'' and inserting ``, and
$96,250,000 for the period of October 1, 2003, through April 30, 2004''.
(b) Highway Safety Research and Development.--Section 2009(a)(2) of
such Act (112 Stat. 337; 117 Stat. 1119) is amended by striking
``$30,000,000 for the period of October 1, 2003, through February 29,
2004'' and inserting ``$42,000,000 for the period of October 1, 2003,
through April 30, 2004''.
(c) Occupant Protection Incentive Grants-.--Section 2009(a)(3) of
such Act (112 Stat. 337; 117 Stat. 1120) is amended by striking
``$8,333,333 for the period of October 1, 2003, through February 29,
2004'' and inserting ``$11,666,700 for the period of October 1, 2003,
through April 30, 2004''.
(d) Alcohol-Impaired Driving Countermeasures Incentive Grants.--
Section 2009(a)(4) of such Act (112 Stat. 337; 117 Stat.

[[Page 490]]
118 STAT. 490

1120) is amended by striking ``$16,666,667 for the period of October 1,
2003, through February 29, 2004'' and inserting ``$23,333,300 for the
period of October 1, 2003, through April 30, 2004''.
(e) National Driver Register.--Section 2009(a)(6) of such Act (112
Stat. 338; 117 Stat. 1120) is amended by striking ``$833,333 for the
period of October 1, 2003, through February 29, 2004'' and inserting
``$2,100,000 for the period of October 1, 2003, through April 30,
2004''.

SEC. 11. FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION PROGRAM.

(a) Administrative Expenses.--Section 7(a)(1) of the Surface
Transportation Extension Act of 2003 (117 Stat. 1120) is amended by
striking ``$71,487,500 for the period of October 1, 2003, through
February 29, 2004'' and inserting ``$102,467,000 for the period October
1, 2003 through April 30, 2004''.
(b) Motor Carrier Safety Assistance Program.--Section 31104(a)(7) of
title 49, United States Code, is amended to read as follows:
``(7) Not more than $98,352,000 for the period of October 1,
2003, through April 30, 2004.''.

(c) Information Systems and Commercial Driver's License Grants.--
(1) Authorization of appropriation.--Section 31107(a)(5) of
such title is amended to read as follows:
``(5) $11,639,000 for the period of October 1, 2003, through
April 30, 2004.''.
(2) Emergency cdl grants.--Section 7(c) of the Surface
Transportation Extension Act of 2003 (117 Stat. 1121) is
amended--
(A) by striking ``February 29,'' and inserting
``April 30,''; and
(B) by striking ``$416,667'' and inserting
``$582,000''.

(d) Crash Causation Study.--Section 7(d) of such Act is amended--
(1) by striking ``$416,667'' and inserting ``$582,000''; and
(2) by striking ``February 29'' and inserting ``April 30''.

(e) Technical Amendments.--
(1) In general.--Title I of the Transportation, Treasury,
and Independent Agencies Appropriations Act, 2004 (division F of
Public Law 108-199) is amended--
(A) by striking ``Fund and to'' in the matter
appearing under the heading ``Federal Motor Carrier
Safety Administration, motor carrier safety, limitation
on administrative expenses'' and NOTE: Ante, p.
298. inserting ``Fund, together with advances and
reimbursements received by the Federal Motor Carrier
Safety Administration, the sum of which shall''; and
(B) by inserting before the period at the end of the
matter appearing under the heading ``Federal Motor
Carrier Safety Administration, national motor carrier
safety program'' the NOTE: Ante, p. 298. 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''.

[[Page 491]]
118 STAT. 491

(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 NOTE: 26 USC 9503. is
amended--
(A) in the matter before subparagraph (A), by
striking ``March 1, 2004'' and inserting ``May 1,
2004'',
(B) by striking ``or'' at the end of subparagraph
(E),
(C) by striking the period at the end of
subparagraph (F) and inserting ``, or'',
(D) by inserting after subparagraph (F), the
following new subparagraph:
``(G) authorized to be paid out of the Highway Trust
Fund under the Surface Transportation Extension Act of
2004.'', and
(E) in the matter after subparagraph (G), as added
by this paragraph, by striking ``Surface Transportation
Extension Act of 2003'' and inserting ``Surface
Transportation Extension Act of 2004''.
(2) Mass transit account.--Paragraph (3) of section 9503(e)
of such Code is amended--
(A) in the matter before subparagraph (A), by
striking ``March 1, 2004'' and inserting ``May 1,
2004'',
(B) in subparagraph (C), by striking ``or'' at the
end of such subparagraph,
(C) in subparagraph (D), by inserting ``or'' at the
end of such subparagraph,
(D) by inserting after subparagraph (D) the
following new subparagraph:
``(E) the Surface Transportation Extension Act of
2004,'', and
(E) in the matter after subparagraph (E), as added
by this paragraph, by striking ``Surface Transportation
Extension Act of 2003'' and inserting ``Surface
Transportation Extension Act of 2004''.
(3) Exception to limitation on transfers.--Subparagraph (B)
of section 9503(b)(5) of such Code is amended by striking
``March 1, 2004'' and inserting ``May 1, 2004''.

(b) Aquatic Resources Trust Fund.--
(1) Sport fish restoration account.--Paragraph (2) of
section 9504(b) of the NOTE: 26 USC 9504. Internal Revenue
Code of 1986 is amended by striking ``Surface Transportation
Extension Act of 2003'' each place it appears and inserting
``Surface Transportation Extension Act of 2004''.
(2) Boat safety account.--Subsection (c) of section 9504 of
such Code is amended--
(A) by striking ``March 1, 2004'' and inserting
``May 1, 2004'', and
(B) by striking ``Surface Transportation Extension
Act of 2003'' and inserting ``Surface Transportation
Extension Act of 2004''.
(3) Exception to limitation on transfers.--Paragraph (2) of
section 9504(d) of such Code is amended by striking ``March 1,
2004'' and inserting ``May 1, 2004''.

[[Page 492]]
118 STAT. 492

(c) Effective Date.--The NOTE: 26 USC 9503 note. amendments made
by this section shall take effect on the date of the enactment of this
Act.

(d) Temporary Rule Regarding Adjustments.--During the period
beginning on the date of the enactment of the Surface Transportation
Extension Act of 2003 and ending on April 30, 2004, for purposes of
making any estimate under section 9503(d) of the Internal Revenue Code
of 1986 of receipts of the Highway Trust Fund, the Secretary of the
Treasury shall treat--
(1) each expiring provision of paragraphs (1) through (4) of
section 9503(b) of such Code which is related to appropriations
or transfers to such Fund to have been extended through the end
of the 24-month period referred to in section 9503(d)(1)(B) of
such Code, and
(2) with respect to each tax imposed under the sections
referred to in section 9503(b)(1) of such Code, the rate of such
tax during the 24-month period referred to in section
9503(d)(1)(B) of such Code to be the same as the rate of such
tax as in effect on the date of the enactment of the Surface
Transportation Extension Act of 2003.

Approved February 29, 2004.

LEGISLATIVE HISTORY--H.R. 3850:
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CONGRESSIONAL RECORD, Vol. 150 (2004):
Feb. 26, considered and passed House.
Feb. 27, considered and passed Senate.