[108th Congress Public Law 202] [From the U.S. Government Printing Office] [DOCID: f:publ202.108] [[Page 477]] SURFACE TRANSPORTATION EXTENSION ACT OF 2004 [[Page 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 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 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 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 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 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 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 [[Page 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 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 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 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 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 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 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 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: --------------------------------------------------------------------------- CONGRESSIONAL RECORD, Vol. 150 (2004): Feb. 26, considered and passed House. Feb. 27, considered and passed Senate. <all>