    [United States Statutes at Large, Volume 117, 108th Congress, 1st Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    117 STAT. 1110

    Public Law 108-88
    108th Congress

    An Act

    To provide an extension of highway, highway safety, motor carrier
    safety, transit, and other programs funded out of the Highway Trust Fund
    pending enactment of a law reauthorizing the Transportation Equity Act
    for the 21st Century. [NOTE: Sept. 30, 2003 -  [H.R. 3087]]

    Be it enacted by the Senate and House of Representatives of the
    United States of America in Congress [NOTE: Surface Transportation
    Extension Act of 2003.] assembled,

    SECTION 1. [NOTE: 23 USC 101 note.] SHORT TITLE.

    This Act may be cited as the ``Surface Transportation Extension Act
    of 2003''.

    SEC. 2. [NOTE: 23 USC 104 note.] ADVANCES.

    (a) In General.--The Secretary of Transportation shall apportion
    funds made available under section 1101(c) of the Transportation Equity
    Act for the 21st Century (112 Stat. 116), as amended by this Act, to
    each State in the ratio that--
    (1) the State's total fiscal year 2003 obligation authority
    for funds apportioned for the Federal-aid highway program; bears
    to
    (2) all States' total fiscal year 2003 obligation authority
    for funds apportioned for the Federal-aid highway program.

    (b) Programmatic Distributions.--
    (1) Programs.--Of the funds to be apportioned to each State
    under subsection (a), the Secretary shall ensure that the State
    is apportioned an amount of the funds, determined under
    paragraph (2), for the Interstate maintenance program, the
    National Highway System program, the bridge program, the surface
    transportation program, the congestion mitigation and air
    quality improvement program, the recreational trails program,
    the Appalachian development highway system program, and the
    minimum guarantee.
    (2) In general.--The amount that each State shall be
    apportioned under this subsection for each item referred to in
    paragraph (1) shall be determined by multiplying--
    (A) the amount apportioned to the State under
    subsection (a); by
    (B) the ratio that--
    (i) the amount of funds apportioned for the
    item to the State for fiscal year 2003; bears to
    (ii) the total of the amount of funds
    apportioned for the items to the State for fiscal
    year 2003.
    (3) Administration of funds.--Funds authorized by the
    amendment made under subsection (d) shall be administered as if
    the funds had been apportioned, allocated, deducted, or set
    aside, as the case may be, under title 23, United States

    [[Page 1111]]
    117 STAT. 1111

    Code; except that the deductions and set-asides in the following
    sections of such title shall not apply to such funds: sections
    104(a)(1)(A), 104(a)(1)(B), 104(b)(1)(A), 104(d)(1), 104(d)(2),
    104(f)(1), 104(h)(1), 118(c)(1), 140(b), 140(c), and 144(g)(1).
    (4) Special rules for minimum guarantee.--In carrying out
    the minimum guarantee under section 105(c) of title 23, United
    States Code, with funds apportioned under this section for the
    minimum guarantee, the $2,800,000,000 set forth in paragraph (1)
    of such section 105(c) shall be treated as being $1,166,666,667
    and the aggregate of amounts apportioned to the States under
    this section for the minimum guarantee shall be treated, for
    purposes of such section 105(c), as amounts made available under
    section 105 of such title.
    (5) Extension of off-system bridge setaside.--Section
    144(g)(3) of title 23, United States Code, is amended by
    inserting after ``2003'' the following: ``and in the period of
    October 1, 2003, through February 29, 2004,''.

    (c) Repayment From Future Apportionments.--
    (1) In general.--The Secretary shall reduce the amount that
    would be apportioned, but for this section, to a State for
    programs under chapter 1 of title 23, United States Code, for
    fiscal year 2004, under a law reauthorizing the Federal-aid
    highway program enacted after the date of enactment of this Act
    by the amount that is apportioned to each State under subsection
    (a) and section 5(c) for each such program.
    (2) Program category reconciliation.--The Secretary may
    establish procedures under which funds apportioned under
    subsection (a) for a program category for which funds are not
    authorized under a law described in paragraph (1) may be
    restored to the Federal-aid highway program.

    (d) Authorization of Contract Authority.--Section 1101 of the
    Transportation Equity Act for the 21st Century (112 Stat. 111-115) is
    amended by adding at the end the following:
    ``(c) Advance Authorization.--
    ``(1) In general.--There shall be available from the Highway
    Trust Fund (other than the Mass Transit Account) to carry out
    section 2(a) of the Surface Transportation Extension Act of 2003
    $13,483,458,333 for the period of October 1, 2003, through
    February 29, 2004.
    ``(2) Special rule.--Funds apportioned under section 2(a) of
    the Surface Transportation Extension Act of 2003 shall be
    subject to a limitation on obligations for Federal-aid highways
    and highway safety construction programs.
    ``(3) Contract authority.--Funds made available by this
    subsection shall be available for obligation in the same manner
    as if such funds were apportioned under chapter 1 of title 23,
    United States Code.''.

    (e) Limitation on Obligations.--
    (1) In general.--Subject to paragraph (2), for the period of
    October 1, 2003, through February 29, 2004, the Secretary shall
    allocate to each State for programs funded under this section
    and section 5(c) an amount of obligation authority made
    available under an Act making appropriations for the Department
    of Transportation for fiscal year 2004 that is--
    (A) equal to the greater of--
    (i) the State's unobligated balance, as of
    October 1, 2003, of Federal-aid highway
    apportionments subject

    [[Page 1112]]
    117 STAT. 1112

    to any limitation on obligations; except that
    unobligated balances of contract authority from
    minimum guarantee and Appalachian development
    highway system apportionments for which obligation
    authority was made available until used shall not
    be included for purposes of calculating a State's
    unobligated balance of apportionments for this
    clause; or
    (ii) \5/12\ of the State's total fiscal year
    2003 obligation authority for funds apportioned
    for the Federal-aid highway program; but
    (B) not greater than 75 percent of the State's total
    fiscal year 2003 obligation authority for funds
    apportioned for the Federal-aid highway program.
    (2) Limitation on amount.--The total of all allocations
    under paragraph (1) and allocations, for programs funded under
    sections 4, 5 (other than subsection (c)), and 6(a) of this Act,
    of obligation authority made available under an Act making
    appropriations for the Department of Transportation for fiscal
    year 2004 shall not exceed $14,101,250,000; except that this
    limitation shall not apply to $266,250,000 in obligations for
    minimum guarantee for the period of October 1, 2003, through
    February 29, 2004.
    (3) Time period for obligations of funds.--A State shall not
    obligate any funds for any Federal-aid highway program project
    after February 29, 2004, until the date of enactment of a
    multiyear law reauthorizing the Federal-aid highway program.
    (4) Treatment of obligations.--Any obligation of an
    allocation of obligation authority made under this subsection
    shall be considered to be an obligation for Federal-aid highways
    and highway safety construction programs for fiscal year 2004
    for the purposes of the matter under the heading ``(LIMITATION
    ON OBLIGATIONS)'' under the heading ``FEDERAL-AID HIGHWAYS'' in
    an Act making appropriations for the Department of
    Transportation for fiscal year 2004.

    SEC. 3. TRANSFERS OF UNOBLIGATED APPORTIONMENTS.

    (a) In General.--In addition to any other authority of a State to
    transfer funds, for fiscal year 2004, a State may transfer any funds
    apportioned to the State for any program under section 104(b) (including
    amounts apportioned under section 104(b)(3) or set aside, made
    available, or suballocated under section 133(d)) or section 144 of title
    23, United States Code, before, on, or after the date of enactment of
    this Act, that are subject to any limitation on obligations, and that
    are not obligated, to any other of those programs.
    (b) Treatment of Transferred Funds.--Any funds transferred to
    another program under subsection (a) shall be subject to the provisions
    of the program to which the funds are transferred, except that funds
    transferred to a program under section 133 (other than subsections
    (d)(1) and (d)(2)) of title 23, United States Code, shall not be subject
    to section 133(d) of that title.
    (c) Restoration of Apportionments.--
    (1) In general.--As soon as practicable after the date of
    enactment of a law reauthorizing the Federal-aid highway program
    enacted after the date of enactment of this Act, the Secretary
    of Transportation shall restore any funds that a

    [[Page 1113]]
    117 STAT. 1113

    State transferred under subsection (a) for any project not
    eligible for the funds but for this section to the program
    category from which the funds were transferred.
    (2) Program category reconciliation.--The Secretary may
    establish procedures under which funds transferred under
    subsection (a) from a program category for which funds are not
    authorized may be restored to the Federal-aid highway program.
    (3) Limitation on statutory construction.--No provision of
    law, except a statute enacted after the date of enactment of
    this Act that expressly limits the application of this
    subsection, shall impair the authority of the Secretary to
    restore funds pursuant to this subsection.

    (d) Guidance.--The Secretary may issue guidance for use in carrying
    out this section.

    SEC. 4. ADMINISTRATIVE EXPENSES.

    (a) Authorization of Contract Authority.--There shall be available
    from the Highway Trust Fund (other than the Mass Transit Account) for
    administrative expenses of the Federal-aid highway program $187,500,000
    for fiscal year 2004.
    (b) Contract Authority.--Funds made available by this section shall
    be available for obligation in the same manner as if such funds were
    apportioned under chapter 1 of title 23, United States Code, and shall
    be subject to a limitation on obligations for Federal-aid highways and
    highway safety construction programs; except that such funds shall
    remain available until expended.

    SEC. 5. OTHER FEDERAL-AID HIGHWAY PROGRAMS.

    (a) Authorization of Appropriations Under Title I of TEA21.--
    (1) Federal lands highways.--
    (A) Indian reservation roads.--Section 1101(a)(8)(A)
    of the Transportation Equity Act for the 21st Century
    (112 Stat. 112) is amended--
    (i) by inserting before the period at the end
    the following: ``and $114,583,333 for the period
    of October 1, 2003, through February 29, 2004'';
    and
    (ii) by adding at the end the following: ``The
    minimum amount made available for such period that
    the Secretary, in cooperation with the Secretary
    of the Interior, shall reserve for Indian
    reservation road bridges under section 202(d)(4)
    of title 23, United States Code, shall be
    $5,416,667 instead of $13,000,000.''.
    (B) Public lands highways.--Section 1101(a)(8)(B) of
    such Act (112 Stat. 112) is amended by inserting before
    the period at the end the following: ``and $102,500,000
    for the period of October 1, 2003, through February 29,
    2004''.
    (C) Park roads and parkways.--Section 1101(a)(8)(C)
    of such Act (112 Stat. 112) is amended by inserting
    before the period at the end the following: ``and
    $68,750,000 for the period of October 1, 2003, through
    February 29, 2004''.
    (D) Refuge roads.--Section 1101(a)(8)(D) of such Act
    (112 Stat. 112) is amended by inserting before the
    period at the end the following: ``and $8,333,333 for
    the period of October 1, 2003, through February 29,
    2004''.

    [[Page 1114]]
    117 STAT. 1114

    (2) National corridor planning and development and
    coordinated border infrastructure programs.--Section 1101(a)(9)
    of such Act (112 Stat. 112) is amended by inserting before the
    period at the end the following: ``and $58,333,333 for the
    period of October 1, 2003, through February 29, 2004''.
    (3) Construction of ferry boats and ferry terminal
    facilities.--
    (A) In general.--Section 1101(a)(10) of such Act
    (112 Stat. 113) is amended by inserting before the
    period at the end the following: ``and $15,833,333 for
    the period of October 1, 2003, through February 29,
    2004''.
    (B) Set aside for alaska, new jersey, and
    washington.--To carry out section 1064 of the Intermodal
    Surface Transportation Efficiency Act of 1991 (23 U.S.C.
    129 note; 105 Stat. 2005; 112 Stat. 185), of funds made
    available by the amendment made by subparagraph (A)--
    (i) $4,166,667 shall be available for section
    1064(d)(2);
    (ii) $2,083,333 shall be available for section
    1064(d)(3); and
    (iii) $2,083,333 shall be available for
    section 1064(d)(4).
    (4) National scenic byways program.--Section 1101(a)(11) of
    the Transportation Equity Act for the 21st Century (112 Stat.
    113) is amended--
    (A) by striking ``and'' the last place it appears;
    and
    (B) by inserting before the period at the end the
    following: ``, and $11,458,333 for the period of October
    1, 2003, through February 29, 2004''.
    (5) Value pricing pilot program.--Section 1101(a)(12) of
    such Act (112 Stat. 113) is amended--
    (A) by striking ``and''; and
    (B) by inserting before the period at the end the
    following: ``, and $4,583,333 for the period of October
    1, 2003, through February 29, 2004''.
    (6) Highway use tax evasion projects.--Section 1101(a)(14)
    of such Act (112 Stat. 113) is amended by inserting before the
    period at the end the following: ``and $2,083,333 for the period
    of October 1, 2003, through February 29, 2004''.
    (7) Commonwealth of puerto rico highway program.--
    (A) In general.--Section 1101(a)(15) of such Act
    (112 Stat. 113) is amended by inserting before the
    period at the end the following: ``and $45,833,333 for
    the period of October 1, 2003, through February 29,
    2004''.
    (B) Conforming amendment.--Section 1214(r) of such
    Act (112 Stat. 209) is amended by striking ``2003'' and
    inserting ``2004''.
    (8) Safety grants.--Section 1212(i)(1)(D) of such Act (23
    U.S.C. 402 note; 112 Stat. 196; 112 Stat. 840) is amended by
    inserting before the period at the end the following: ``and
    $208,333 for the period of October 1, 2003, through February 29,
    2004''.
    (9) Transportation and community and system preservation
    pilot program.--Section 1221(e)(1) of such Act (23 U.S.C. 101
    note; 112 Stat. 223) is amended by inserting before the period
    at the end the following: ``and $10,416,667 for the period of
    October 1, 2003, through February 29, 2004''.

    [[Page 1115]]
    117 STAT. 1115

    (10) Transportation infrastructure finance and innovation.--
    Section 188 of title 23, United States Code, is amended--
    (A) in subsection (a)(1)--
    (i) by striking ``and'' at the end of
    subparagraph (D);
    (ii) by striking the period at the end of
    subparagraph (E) and inserting ``; and''; and
    (iii) by adding at the end the following:
    ``(F) $58,333,333 for the period of October 1, 2003,
    through February 29, 2004.'';
    (B) in subsection (a)(2) by inserting after ``2003''
    the following: ``and $833,333 for the period of October
    1, 2003, through February 29, 2004''; and
    (C) in subsection (c)--
    (i) by striking ``2003'' and inserting
    ``2004''; and
    (ii) by striking the period at the end of the
    table and inserting the following:

    ``2004.............................................$1,083,333,333.''.

    (b) Authorization of Appropriations Under Title V of TEA21.--
    (1) Surface transportation research.--Section 5001(a)(1) of
    the Transportation Equity Act for the 21st Century (112 Stat.
    419) is amended--
    (A) by striking ``2002, and'' and inserting
    ``2002,''; and
    (B) by inserting after ``2003'' the following: ``,
    and $43,750,000 for the period of October 1, 2003,
    through February 29, 2004''.
    (2) Technology deployment program.--Section 5001(a)(2) of
    such Act (112 Stat. 419) is amended--
    (A) by striking ``2002, and'' and inserting
    ``2002,''; and
    (B) by inserting after ``2003'' the following: ``,
    and $22,916,667 for the period of October 1, 2003,
    through February 29, 2004''.
    (3) Training and education.--Section 5001(a)(3) of such Act
    (112 Stat. 420) is amended--
    (A) by striking ``2002, and'' and inserting
    ``2002,''; and
    (B) by inserting after ``2003'' the following: ``,
    and $8,750,000 for the period of October 1, 2003,
    through February 29, 2004''.
    (4) Bureau of transportation statistics.--Section 5001(a)(4)
    of such Act (112 Stat. 420) is amended by inserting before the
    period at the end the following: ``, and $12,916,667 for the
    period of October 1, 2003, through February 29, 2004''.
    (5) ITS standards, research, operational tests, and
    development.--Section 5001(a)(5) of such Act (112 Stat. 420) is
    amended--
    (A) by striking ``2002, and'' and inserting
    ``2002,''; and
    (B) by inserting after ``2003'' the following: ``,
    and $47,916,667 for the period of October 1, 2003,
    through February 29, 2004''.
    (6) ITS deployment.--Section 5001(a)(6) of such Act (112
    Stat. 420) is amended--
    (A) by striking ``2002, and'' and inserting
    ``2002,''; and

    [[Page 1116]]
    117 STAT. 1116

    (B) by inserting after ``2003'' the following: ``,
    and $51,666,667 for the period of October 1, 2003,
    through February 29, 2004''.
    (7) University transportation research.--Section 5001(a)(7)
    of such Act (112 Stat. 420) is amended--
    (A) by striking ``2002, and'' and inserting
    ``2002,''; and
    (B) by inserting after ``2003'' the following: ``,
    and $11,250,000 for the period of October 1, 2003,
    through February 29, 2004''.

    (c) Metropolitan Planning.--
    (1) Authorization of contract authority.--There shall be
    available from the Highway Trust Fund (other than the Mass
    Transit Account) to carry out section 134 of title 23, United
    States Code, $100,000,000 for the period of October 1, 2003,
    through February 29, 2004.
    (2) Distribution of funds.--The Secretary shall distribute
    funds made available by this subsection to the States in
    accordance with section 104(f)(2) of title 23, United States
    Code.
    (3) Contract authority.--Funds made available by this
    subsection shall be available for obligation in the same manner
    as if such funds were apportioned under chapter 1 of title 23,
    United States Code, and shall be subject to a limitation on
    obligations for Federal-aid highways and highway safety
    construction programs.

    (d) Territories.--Section 1101 of the Transportation Equity Act for
    the 21st Century (112 Stat. 111-115) is further amended by adding at the
    end the following:
    ``(d) Territories.--
    ``(1) In general.--In lieu of the amounts deducted under
    section 104(b)(1) of title 23, United States Code, there shall
    be available from the Highway Trust Fund (other than the Mass
    Transit Account) for the Virgin Islands, Guam, American Samoa,
    and the Commonwealth of the Northern Mariana Islands $15,166,667
    for the period of October 1, 2003, through February 29, 2004.
    ``(2) Contract authority.--Funds made available by this
    subsection shall be available for obligation in the same manner
    as if the funds were apportioned under chapter 1 of title 23,
    United States Code, and shall be subject to a limitation on
    obligations for Federal-aid highways and highway safety
    construction programs.''.

    (e) Alaska Highway.--Section 1101 of such Act is further amended by
    adding at the end the following:
    ``(e) Alaska Highway.--
    ``(1) In general.--In lieu of the amounts deducted under
    section 104(b)(1) of title 23, United States Code, there shall
    be available from the Highway Trust Fund (other than the Mass
    Transit Account) for the Alaska Highway program under section
    218 of such title $7,833,333 for the period of October 1, 2003,
    through February 29, 2004.
    ``(2) Contract authority.--Funds made available by this
    subsection shall be available for obligation in the same manner
    as if the funds were apportioned under chapter 1 of title 23,
    United States Code, and shall be subject to a limitation on
    obligations for Federal-aid highways and highway safety
    construction programs.''.

    [[Page 1117]]
    117 STAT. 1117

    (f) Operation Lifesaver.--Section 1101 of such Act is further
    amended by adding at the end the following:
    ``(f) Operation Lifesaver.--
    ``(1) In general.--In lieu of the amount set aside under
    section 104(d)(1) of title 23, United States Code, there shall
    be available from the Highway Trust Fund (other than the Mass
    Transit Account) to carry out the operation lifesaver program
    under such section $208,333 for the period of October 1, 2003,
    through February 29, 2004.
    ``(2) Contract authority.--Funds made available by this
    subsection shall be available for obligation in the same manner
    as if the funds were apportioned under chapter 1 of title 23,
    United States Code, and shall be subject to a limitation on
    obligations for Federal-aid highways and highway safety
    construction programs.''.

    (g) Bridge Discretionary.--Section 1101 of such Act is further
    amended by adding at the end the following:
    ``(g) Bridge Discretionary.--
    ``(1) In general.--There shall be available from the Highway
    Trust Fund (other than the Mass Transit Account) $41,666,667 to
    the Secretary at the discretion of the Secretary to carry out
    section 144(g) of title 23, United States Code, for the period
    of October 1, 2003, through February 29, 2004.
    ``(2) Contract authority.--Funds made available by this
    subsection shall be available for obligation in the same manner
    as if the funds were apportioned under chapter 1 of title 23,
    United States Code, and shall be subject to a limitation on
    obligations for Federal-aid highways and highway safety
    construction programs.''.

    (h) Interstate Maintenance.--Section 1101 of such Act is further
    amended by adding at the end the following:
    ``(h) Interstate Maintenance.--
    ``(1) In general.--There shall be available from the Highway
    Trust Fund (other than the Mass Transit Account) $41,666,667 to
    the Secretary to carry out projects described in section
    118(c)(1) of title 23, United States Code, for the period of
    October 1, 2003, through February 29, 2004.
    ``(2) Project selection criteria.--
    The [NOTE: Applicability.] project selection criteria in
    section 118(c)(2) of such title shall apply to amounts made
    available by this subsection.
    ``(3) Contract authority.--Funds made available by this
    subsection shall be available for obligation in the same manner
    as if the funds were apportioned under chapter 1 of title 23,
    United States Code, and shall be subject to a limitation on
    obligations for Federal-aid highways and highway safety
    construction programs; except that such funds shall remain
    available until expended.''.

    (i) Recreational Trails Administrative Costs.--Section 1101 of such
    Act is further amended by adding at the end the following:
    ``(i) Recreational Trails Administrative Costs.--
    ``(1) In general.--In lieu of the amount to be deducted
    under section 104(h)(1) of title 23, United States Code, there
    shall be available from the Highway Trust Fund (other than the
    Mass Transit Account) to the Secretary to cover costs of the
    Secretary described in such section $312,500 for the period of
    October 1, 2003, through February 29, 2004.

    [[Page 1118]]
    117 STAT. 1118

    ``(2) Contract authority.--Funds made available by this
    subsection shall be available for obligation in the same manner
    as if the funds were apportioned under chapter 1 of title 23,
    United States Code, and shall be subject to a limitation on
    obligations for Federal-aid highways and highway safety
    construction programs.''.

    (j) Railway-Highway Crossing Hazard Elimination in High Speed Rail
    Corridors.--Section 1101 of such Act is further amended by adding at the
    end the following:
    ``(j) Railway-Highway Crossing Hazard Elimination in High Speed Rail
    Corridors.--
    ``(1) In general.--In lieu of the amount to be deducted
    under section 104(d)(2) of title 23, United States Code, there
    shall be available from the Highway Trust Fund (other than the
    Mass Transit Account) to the Secretary for elimination of
    hazards of railway-highway crossings in accordance with such
    section $2,187,500 for the period of October 1, 2003, through
    February 29, 2004; except that not less than $104,167 instead of
    $250,000 shall be available for the period of October 1, 2003,
    through February 29, 2004, for eligible improvements described
    in subparagraph (E) of such section.
    ``(2) Contract authority.--Funds made available by this
    subsection shall be available for obligation in the same manner
    as if the funds were apportioned under chapter 1 of title 23,
    United States Code, and shall be subject to a limitation on
    obligations for Federal-aid highways and highway safety
    construction programs.''.

    (k) Nondiscrimination.--Section 1101 of such Act is further amended
    by adding at the end the following:
    ``(k) Nondiscrimination.--
    ``(1) Skills training.--In lieu of the amount to be deducted
    under section 140(b) of title 23, United States Code, there
    shall be available from the Highway Trust Fund (other than the
    Mass Transit Account) to the Secretary for the administration of
    such section $4,166,667 for the period of October 1, 2003,
    through February 29, 2004.
    ``(2) On-the-job training.--In lieu of the amount to be
    deducted under section 140(c) of title 23, United States Code,
    there shall be available from the Highway Trust Fund (other than
    the Mass Transit Account) to the Secretary for the
    administration of such section $4,166,667 for the period of
    October 1, 2003, through February 29, 2004.
    ``(3) Contract authority.--Funds made available by this
    subsection shall be available for obligation in the same manner
    as if the funds were apportioned under chapter 1 of title 23,
    United States Code, and shall be subject to a limitation on
    obligations for Federal-aid highways and highway safety
    construction programs; except that funds made available by
    paragraph (1) shall remain available until expended.''.

    (l) Administration of Funds.--Funds authorized by the amendments
    made by this section shall be administered as if the funds had been
    apportioned, allocated, deducted, or set aside, as the case may be,
    under title 23, United States Code, except that the deductions under
    sections 104(a)(1)(A) and 104(a)(1)(B) of such title shall not apply to
    funds made available by the amendment made by subsection (a)(1) of this
    section.

    [[Page 1119]]
    117 STAT. 1119

    (m) Reduction of Allocated Programs.--The Secretary of
    Transportation shall reduce the amount that would be made available, but
    for this section, for fiscal year 2004 for allocation under a program,
    that is continued both by a law reauthorizing such program enacted after
    the date of enactment of this Act and by this section, by the amount
    made available for such program by this section.
    (n) Program Category Reconciliation.--The Secretary may establish
    procedures under which funds allocated under this section for fiscal
    year 2004 for a program category for which funds are not authorized for
    fiscal year 2004 under a multiyear law reauthorizing the Federal-aid
    highway program enacted after the date of enactment of this Act may be
    restored to the Federal-aid highway program.

    SEC. 6. EXTENSION OF HIGHWAY SAFETY PROGRAMS.

    (a) Chapter 1 Highway Safety Programs.--
    (1) Seat belt safety incentive grants.--Section 157 of title
    23, United States Code, is amended--
    (A) in subsection (a)(3) by striking ``2001'' and
    inserting ``2002'';
    (B) in subsection (a)(8)(B) by striking ``2001'' and
    inserting ``2002'';
    (C) in subsection (b) by striking ``2002'' and
    inserting ``2003'';
    (D) in subsection (c)(1) by striking ``2002'' and
    inserting ``2003'';
    (E) in subsection (c)(2) by striking ``2002'' and
    inserting ``2003'';
    (F) in subsection (f)(4) by striking ``2002'' and
    inserting ``2003'';
    (G) in subsection (g)(1)--
    (i) by striking ``and''; and
    (ii) by inserting before the period at the end
    the following: ``, and $46,666,667 for the period
    of October 1, 2003, through February 29, 2004'';
    (H) in the heading to subsection (g)(3)(B) by
    striking ``2003'' and inserting ``2004''; and
    (I) in subsection (g)(3)(B) by striking ``2003'' and
    inserting ``2004''.
    (2) Prevention of intoxicated driver incentive grants.--
    Section 163(e)(1) of such title is amended--
    (A) by striking ``and''; and
    (B) by inserting before the period at the end the
    following: ``, and $50,000,000 for the period of October
    1, 2003, through February 29, 2004''.

    (b) Chapter 4 Highway Safety Programs.--Section 2009(a)(1) of the
    Transportation Equity Act for the 21st Century (112 Stat. 337) is
    amended--
    (1) by striking ``and''; and
    (2) by inserting before the period at the end the following:
    ``, and $68,750,000 for the period of October 1, 2003, through
    February 29, 2004''.

    (c) Highway Safety Research and Development.--Section 2009(a)(2) of
    such Act (112 Stat. 337) is amended by inserting after ``2003'' the
    following: ``, and $30,000,000 for the period of October 1, 2003,
    through February 29, 2004''.

    [[Page 1120]]
    117 STAT. 1120

    (d) Occupant Protection Incentive Grants.--Section 2009(a)(3) of
    such Act (112 Stat. 337) is amended--
    (1) by striking ``and''; and
    (2) by inserting before the period at the end the following:
    ``, and $8,333,333 for the period of October 1, 2003, through
    February 29, 2004''.

    (e) Alcohol-Impaired Driving Countermeasures Incentive Grants.--
    (1) Extension of program.--Section 410 of title 23, United
    States Code, is amended--
    (A) in subsection (a)(3) by striking ``6'' and
    inserting ``7''; and
    (B) in subsection (a)(4)(C) by striking ``and
    sixth'' and inserting ``, sixth, and seventh''; and
    (2) Authorization of appropriations.--Section 2009(a)(4) of
    such Act (112 Stat. 337) is amended--
    (A) by striking ``and'' the last place it appears;
    and
    (B) by inserting before the period at the end the
    following: ``, and $16,666,667 for the period of October
    1, 2003, through February 29, 2004''.

    (f) National Driver Register.--Section 2009(a)(6) of such Act (112
    Stat. 338) is amended by inserting after ``2003'' the following: ``, and
    $833,333 for the period of October 1, 2003, through February 29, 2004''.
    (g) Allocations.--Section 2009(b) of such Act (112 Stat. 338) is
    amended--
    (1) in paragraph (1) by striking ``2003'' and inserting
    ``2004''; and
    (2) in paragraph (2) by striking ``2003'' and inserting
    ``2004''.

    (h) Applicability of Title 23.--Section 2009(c) of such Act (112
    Stat. 338) is amended by striking ``2003'' and inserting ``2004''.

    SEC. 7. EXTENSION OF MOTOR CARRIER SAFETY PROGRAM.

    (a) Administrative Expenses.--
    (1) In general.--There shall be available from the Highway
    Trust Fund (other than the Mass Transit Account) for the
    Secretary of Transportation to pay administrative expenses of
    the Federal Motor Carrier Safety Administration $71,487,500 for
    the period of October 1, 2003, through February 29, 2004.
    (2) Use of funds.--Funds authorized by this subsection may
    be used for personnel costs; administrative infrastructure;
    rent; information technology; and programs for research and
    technology, regulatory development, and other operating expenses
    and similar matters.

    (b) Motor Carrier Safety Assistance Program.--Section 31104(a) of
    title 49, United States Code, is amended by adding at the end the
    following:
    ``(7) Not more than $68,750,000 for the period of October 1,
    2003, through February 29, 2004.''.

    (c) Information Systems and Commercial Driver's License Grants.--
    (1) Authorization of appropriation.--Section 31107(a) of
    such title is amended--
    (A) by striking ``and'' at the end of paragraph (2);
    (B) by striking the period at the end of paragraph
    (3) and inserting a semicolon;

    [[Page 1121]]
    117 STAT. 1121

    (C) by striking the period at the end of paragraph
    (4) and inserting ``; and''; and
    (D) by adding at the end the following:
    ``(5) $8,333,333 for the period of October 1, 2003 through
    February 29, 2004.''.
    (2) Emergency cdl grants.--From amounts made available by
    section 31107(a) of title 49, United States Code, for the period
    of October 1, 2003 through February 29, 2004, the Secretary of
    Transportation may make grants of up to $416,667 to a State
    whose commercial driver's license program may fail to meet the
    compliance requirements of section 31311(a) of such title.

    (d) Crash Causation Study.--There shall be available from the
    Highway Trust Fund (other than the Mass Transit Account) for the Federal
    Motor Carrier Safety Administration to continue the crash causation
    study required by section 224 of the Motor Carrier Safety Improvement
    Act of 1999 (49 U.S.C. 31100 note; 113 Stat. 1770-1771), $416,667 for
    the period of October 1, 2003 through February 29, 2004.
    (e) Contract Authority.--Funds made available by this section shall
    be available for obligation in the same manner as if such funds were
    apportioned under chapter 1 of title 23, United States Code.

    SEC. 8. EXTENSION OF FEDERAL TRANSIT PROGRAMS.

    (a) Allocating Amounts.--Section 5309(m) of title 49, United States
    Code, is amended--
    (1) in paragraph (1) by inserting ``and for the period of
    October 1, 2003, through February 29, 2004'' after ``2003'';
    (2) in paragraph (2)(B) by inserting after clause (ii) the
    following:
    ``(iii) October 1, 2003 through february 29,
    2004.--Of the amounts made available under
    paragraph (1)(B), $4,333,333 shall be available
    for the period of October 1, 2003, through
    February 29, 2004, for capital projects described
    in clause (i).'';
    (3) in paragraph (3)(B) by inserting after ``2003'' the
    following: ``(and $1,250,000 shall be available for the period
    October 1, 2003, through February 29, 2004)''; and
    (4) in paragraph (3)(C) by inserting after ``2003'' the
    following: ``(and $20,833,334 shall be available for the period
    October 1, 2003, through February 29, 2004)''.

    (b) Apportionment of Appropriations for Fixed Guideway
    Modernization.--
    (1) Special [NOTE: Urban areas. 49 USC 5337 note.] rule
    for october 1, 2003 through february 29, 2004.--The Secretary of
    Transportation shall determine the amount that each urbanized
    area is to be apportioned for fixed guideway modernization under
    section 5337 of title 49, United States Code, on a pro rata
    basis to reflect the partial fiscal year 2004 funding made
    available by sections 5338(b)(2)(A)(vi) and 5338(b)(2)(B)(vi) of
    such title.
    (2) Technical amendment.--Section 5337 of such title is
    amended by striking the first subsection (e), relating to
    special rule.

    (c) Formula Grants Authorizations.--Section 5338(a) of such title is
    amended--

    [[Page 1122]]
    117 STAT. 1122

    (1) in the heading to paragraph (2) by inserting ``and for
    the period of october 1, 2003, through february 29, 2004'' after
    ``2003'';
    (2) by striking ``and'' at the end of paragraphs (2)(A)(iv)
    and (2)(B)(iv);
    (3) by striking the period at the end of paragraphs
    (2)(A)(v) and (2)(B)(v) and inserting ``; and'';
    (4) by adding at the end of paragraph (2)(A) the following:
    ``(vi) $1,292,948,344 for the period of
    October 1, 2003, through February 29, 2004.'';
    (5) by adding at the end in paragraph (2)(B) the following:
    ``(vi) $323,459,169 for the period of October
    1, 2003, through February 29, 2004.''; and
    (6) in paragraph (2)(C) by inserting after ``a fiscal year''
    the following: ``(other than for the period of October 1, 2003,
    through February 29, 2004)''.

    (d) Allocation of Formula Grant Funds for October 1, 2003, Through
    February 29, 2004.--Of the aggregate of amounts made available by and
    appropriated under section 5338(a)(2) of title 49, United States Code,
    for the period of October 1, 2003, through February 29, 2004--
    (1) $2,020,813 shall be available to the Alaska Railroad for
    improvements to its passenger operations under section 5307 of
    such title;
    (2) $20,833,334 shall be available to carry out section 5308
    of such title; and
    (3) of the remaining amount--
    (A) 2.4 percent shall be available to provide
    transportation services to elderly individuals and
    individuals with disabilities under section 5310 of such
    title;
    (B) 6.37 percent shall be available to provide
    financial assistance for other than urbanized areas
    under section 5311 of such title; and
    (C) 91.23 percent shall be available to provide
    financial assistance for urbanized areas under section
    5307 of such title.

    (e) Capital Program Authorizations.--Section 5338(b) of such title
    is amended--
    (1) in the heading to paragraph (2) by inserting ``and for
    the period of october 1, 2003, through february 29, 2004'' after
    ``2003'';
    (2) by striking ``and'' at the end of paragraphs (2)(A)(iv)
    and (2)(B)(iv);
    (3) by striking the period at the end of paragraphs
    (2)(A)(v) and (2)(B)(v) and inserting ``; and'';
    (4) by adding at the end of paragraph (2)(A) the following:
    ``(vi) $1,022,503,342 for the period of
    October 1, 2003, through February 29, 2004.''; and
    (5) by adding at the end of paragraph (2)(B) the following:
    ``(vi) $255,801,669 for the period of October
    1, 2003, through February 29, 2004.''.

    (f) Planning Authorizations and Allocations.--Section
    5338(c) [NOTE: 49 USC 5338.] is amended--
    (1) in the heading to paragraph (2) by inserting ``and for
    the period of october 1, 2003, through february 29, 2004'' after
    ``2003'';

    [[Page 1123]]
    117 STAT. 1123

    (2) by striking ``and'' at the end of paragraphs (2)(A)(iv)
    and (2)(B)(iv);
    (3) by striking the period at the end of paragraphs
    (2)(A)(v) and (2)(B)(v) and inserting ``; and'';
    (4) by adding at the end of paragraph (2)(A) the following:
    ``(vi) $24,636,667 for the period of October
    1, 2003, through February 29, 2004.'';
    (5) by adding at the end of paragraph (2)(B) the following:
    ``(vi) $6,100,000 for the period of October 1,
    2003, through February 29, 2004.''; and
    (6) in paragraph (2)(C) by inserting ``or any portion of a
    fiscal year'' after ``fiscal year''.

    (g) Research Authorizations.--Section 5338(d) of such title is
    amended--
    (1) in the heading to paragraph (2) by inserting ``and for
    the period of october 1, 2003, through february 29, 2004'' after
    ``2003'';
    (2) by striking ``and'' at the end of paragraphs (2)(A)(iv)
    and (2)(B)(iv);
    (3) by striking the period at the end of paragraphs
    (2)(A)(v) and (2)(B)(v) and inserting ``; and'';
    (4) by adding at the end of paragraph (2)(A) the following:
    ``(vi) $16,536,667 for the period of October
    1, 2003, through February 29, 2004.'';
    (5) by adding at the end of paragraph (2)(B) the following:
    ``(vi) $4,095,000 for the period of October 1,
    2003, through February 29, 2004.''; and
    (6) in paragraph (2)(C) by inserting after ``a fiscal year''
    the following: ``(other than for the period of October 1, 2003,
    through February 29, 2004)''.

    (h) Allocation of Research Funds for October 1, 2003, Through
    February 29, 2004.--Of the funds made available by or appropriated under
    section 5338(d)(2) of title 49, United States Code, for the period of
    October 1, 2003, through February 29, 2004--
    (1) not less than $2,187,500 shall be available for
    providing rural transportation assistance under section
    5311(b)(2) of such title;
    (2) not less than $3,437,500 shall be available for carrying
    out transit cooperative research programs under section 5313(a)
    of such title;
    (3) not less than $1,666,667 shall be available to carry out
    programs under the National Transit Institute under section 5315
    of such title, including not more than $416,667 shall be
    available to carry out section 5315(a)(16) of such title; and
    (4) the remainder shall be available for carrying out
    national planning and research programs under sections
    5311(b)(2), 5312, 5313(a), 5314, and 5322 of such title.

    (i) University Transportation Research Authorizations.--Section
    5338(e) of such title is amended--
    (1) in the heading to paragraph (2) by inserting ``and for
    the period of october 1, 2003, through february 29, 2004'' after
    ``2003'';
    (2) in paragraph (2)(A) by inserting after ``2003'' the
    following: ``and $2,020,833 for the period of October 1, 2003,
    through February 29, 2004'';

    [[Page 1124]]
    117 STAT. 1124

    (3) in paragraph (2)(B) by inserting after ``2003'' the
    following: ``and $505,833 for the period of October 1, 2003,
    through February 29, 2004''; and
    (4) in clauses (i) and (iii) of paragraph (2)(C) by
    inserting after ``fiscal year'' the following: ``(other than for
    the period of October 1, 2003, through February 29, 2004)''.

    (j) Allocation of University Transportation Research Funds.--
    (1) In general.--Of the amounts made available under section
    5338(e)(2)(A) of title 49, United States Code, for the period
    October 1, 2003, through February 29, 2004--
    (A) $833,333 shall be available for the center
    identified in section 5505(j)(4)(A) of such title; and
    (B) $833,333 shall be available for the center
    identified in section 5505(j)(4)(F) of such title.
    (2) Training and curriculum development.--Notwithstanding
    section 5338(e)(2) of such title, any amounts made available
    under such section for such period that remain after
    distribution under paragraph (1), shall be available for the
    purposes identified in section 3015(d) of the Transportation
    Equity Act for the 21st Century (112 Stat. 857).
    (3) Conforming amendment.--Section 3015(d)(2) of the
    Transportation Equity Act for the 21st [NOTE: 49 USC 5338
    note.] Century (112 Stat. 857) is amended by inserting ``and in
    the period October 31, 2003, through February 29, 2004'' after
    ``2003''.

    (k) Administration Authorizations.--Section 5338(f) of such title is
    amended--
    (1) in the heading to paragraph (2) by inserting ``and for
    the period of october 1, 2003, through february 29, 2004'' after
    ``2003'';
    (2) by striking ``and'' at the end of paragraphs (2)(A)(iv)
    and (2)(B)(iv);
    (3) by striking the period at the end of paragraphs
    (2)(A)(v) and (2)(B)(v) and inserting ``; and'';
    (4) by adding at the end of paragraph (2)(A) the following:
    ``(vi) $24,585,834 for the period of October
    1, 2003, through February 29, 2004.''; and
    (5) by adding at the end of paragraph (2)(B) the following:
    ``(vi) $6,150,833 for the period of October 1,
    2003, through February 29, 2004.''.

    (l) Job Access and Reverse Commute Program.--Section 3037(l) of the
    Transportation Equity Act for the 21st Century (49 U.S.C. 5309 note; 112
    Stat. 391-392) is amended--
    (1) by striking ``and'' at the end of paragraphs (1)(A)(iv)
    and (1)(B)(iv);
    (2) by striking the period at the end of paragraphs
    (1)(A)(v) and (1)(B)(v) and inserting ``; and'';
    (3) by adding at the end of paragraph (1)(A) the following:
    ``(vi) $50,519,167 for the period of October
    1, 2003, through February 29, 2004.'';
    (4) by adding at the end of paragraph (1)(B) the following:
    ``(vi) $12,638,333 for the period of October
    1, 2003, through February 29, 2004.''; and
    (5) by inserting before the period at the end of paragraph
    (2) the following: ``; except that in the period of October 1,
    2003, through February 29, 2004, $4,166,667 shall be used for
    such projects''.

    [[Page 1125]]
    117 STAT. 1125

    (m) Rural Transportation Accessibility Incentive Program.--Section
    3038(g) of such Act (49 U.S.C. 5310 note; 112 Stat. 393) is amended--
    (1) by adding at the end of paragraph (1) the following:
    ``(F) $2,187,500 for the period of October 1, 2003,
    through February 29, 2004.''; and
    (2) in paragraph (2) by inserting after ``2003'' the
    following: ``(and $708,333 shall be available for the period of
    October 1, 2003, through February 29, 2004)''.

    (n) Urbanized Area Formula Grants.--Section 5307(b) of title 49,
    United States Code, is amended--
    (1) in the heading to paragraph (2) by inserting ``and for
    the period of october 1, 2003, through february 29, 2004'' after
    ``2003'';
    (2) in paragraph (2)(A)--
    (A) by inserting ``and for the period of October 1,
    2003, through February 29, 2004'' after ``2003,'';
    (B) by striking ``or'' at the end of clause (ii);
    (C) by striking the period at the end of clause
    (iii) and inserting ``; and''; and
    (D) by adding at the end the following:
    ``(iv) a portion of the area was not
    designated as an urbanized area as determined
    under the 1990 Federal decennial census and
    received assistance under section 5311 in fiscal
    year 2002.'';
    (3) by adding at the end of paragraph (2)(B) the following:
    ``Each portion of an area not designated as an urbanized area
    under the 1990 Federal decennial census and eligible to receive
    funds under subparagraph (A)(iv) shall receive an amount of
    funds made available to carry out this section that is no less
    than the amount the portion of the area received under section
    5311 in fiscal year 2002.''.

    (o) Obligation Ceiling.--Section 3040 of the Transportation Equity
    Act for the 21st Century (112 Stat. 394) is amended--
    (1) by striking ``and'' at the end of paragraph (4);
    (2) by striking the period at the end of paragraph (5) and
    inserting ``; and''; and
    (3) by adding at the end the following:
    ``(6) $3,042,501,691 for the period of October 1, 2003,
    through February 29, 2004.''.

    (p) Fuel Cell Bus and Bus Facilities Program.--Section 3015(b) of
    such Act (112 Stat. 361) is amended by inserting ``(or, in the case of
    the period of October 1, 2003, through February 29, 2004, $2,020,833)''
    after ``$4,850,000''.
    (q) Advanced Technology Pilot Project.--Section 3015(c)(2) of such
    Act (49 U.S.C. 322 note; 112 Stat. 361) [NOTE: 23 USC 322 note.] is
    amended--
    (1) by inserting ``and for the period of October 1, 2003,
    through February 29, 2004,'' after ``2003,''; and
    (2) by inserting ``and $2,083,333 for such period'' after
    ``$5,000,000 per fiscal year''.

    (r) Projects for New Fixed Guideway Systems and Extensions to
    Existing Systems.--Subsections (a), (b), and (c)(1) of section 3030 of
    such Act (112 Stat. 373-381) are amended by inserting ``and for the
    period of October 1, 2003, through February 29, 2004,'' after ``2003''.
    (s) New Jersey Urban Core Project.--Subparagraphs (A), (B), and (C)
    of section 3031(a)(3) of the Intermodal Surface

    [[Page 1126]]
    117 STAT. 1126

    Transportation Efficiency Act of 1991 (105 Stat. 2122; 112 Stat. 379)
    are amended by inserting ``and for the period of October 1, 2003,
    through February 29, 2004,'' after ``2003,''.
    (t) Treatment of Funds.--Amounts [NOTE: 23 USC 101 note.] made
    available under the amendments made by this section shall be treated for
    purposes of section 1101(b) of the Transportation Equity Act for the
    21st Century (23 U.S.C. 101 note) as amounts made available for programs
    under title III of such Act.

    SEC. 9. SPORT FISHING AND BOATING SAFETY.

    (a) Funding for National Outreach and Communications Program.--
    Section 4(c) of the Dingell-Johnson Sport Fish Restoration Act (16
    U.S.C. 777c(c)) is amended--
    (1) by striking ``and'' at the end of paragraph (4);
    (2) by inserting ``and'' after the semicolon at the end of
    paragraph (5); and
    (3) by inserting after paragraph (5) the following:
    ``(6) $4,166,667 for the period of October 1, 2003, through
    February 29, 2004;''.

    (b) Clean Vessel Act Funding.--Section 4(b) of such Act (16 U.S.C.
    777c(b)) is amended--
    (1) by redesignating paragraph (4) as paragraph (5);
    (2) by inserting after paragraph (3) the following:
    ``(4) First 5 months of fiscal year 2004.--For the period of
    October 1, 2003, through February 29, 2004, of the balance of
    each annual appropriation remaining after making the
    distribution under subsection (a), an amount equal to
    $34,166,667, reduced by 82 percent of the amount appropriated
    for that fiscal year from the Boat Safety Account of the Aquatic
    Resources Trust Fund established by section 9504 of the Internal
    Revenue Code of 1986 to carry out the purposes of section
    13106(a) of title 46, United States Code, shall be used as
    follows:
    ``(A) $4,166,667 shall be available to the Secretary
    of the Interior for 3 fiscal years for obligation for
    qualified projects under section 5604(c) of the Clean
    Vessel Act of 1992 (33 U.S.C. 1322 note).
    ``(B) $3,333,333 shall be available to the Secretary
    of the Interior for 3 fiscal years for obligation for
    qualified projects under section 7404(d) of the
    Sportfishing and Boating Safety Act of 1998 (16 U.S.C.
    777g-1(d)).
    ``(C) The balance remaining after the application of
    subparagraphs (A) and (B) shall be transferred to the
    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 to read as follows:
    ``(c) Of the amount transferred to the Secretary of Transportation
    under paragraph (4) of section 4(b) of the Dingell-Johnson Sport Fish
    Restoration Act (16 U.S.C. 777c(b)), $2,083,333 is available to the
    Secretary for payment of expenses of the Coast Guard for personnel and
    activities directly related to coordinating and carrying out the
    national recreational boating safety program under this title, of which
    $833,333 shall be available to the Secretary only to ensure compliance
    with chapter 43 of this title. No funds available to the Secretary under
    this subsection may be used to

    [[Page 1127]]
    117 STAT. 1127

    replace funding traditionally provided through general appropriations,
    nor for any purposes except those purposes authorized by this section.
    Amounts made available by this subsection shall remain available until
    expended. [NOTE: Federal Register, publication.] The Secretary shall
    publish annually in the Federal Register a detailed accounting of the
    projects, programs, and activities funded under this subsection.''.

    SEC. 10. BUDGET LIMITATIONS.

    (a) Adjustments to Annualized Discretionary Spending Limits.--In the
    matter that precedes subparagraph (A) of section 251(b)(2) of the
    Balanced Budget and Emergency Deficit Control Act of 1985, [NOTE: 2 USC
    901.] strike ``through 2002''.

    (b) Discretionary Spending Limits.--Section 251(c) of the Balanced
    Budget and Emergency Deficit Control Act of 1985 is amended as follows:
    (1) Strike paragraphs (1) through (7) and redesignate
    paragraph (8) (which relates to fiscal year 2004) as paragraph
    (1) and in such redesignated paragraph strike ``(1) with respect
    to fiscal year 2004'', redesignate the remaining matter as
    subparagraph (C), and before such redesignated matter insert the
    following:
    ``(1) with respect to fiscal year 2004--
    ``(A) for the highway category: $31,834,000,000 in
    outlays;
    ``(B) for the mass transit category: $1,462,000,000
    in new budget authority and $6,629,000,000 in outlays;
    and''.
    (2) Redesignate paragraphs (9) through (16) as paragraphs
    (2) through (9).

    (c) Category Defined.--Section 250(c)(4) of the Balanced Budget and
    Emergency Deficit Control Act of 1985 [NOTE: 2 USC 900.] is amended--
    (1) in subparagraph (B) by inserting after ``Century'' the
    following: ``and the Surface Transportation Extension Act of
    2003''; and
    (2) in subparagraph (C)--
    (A) by inserting after ``Century'' the first place
    it appears the following: ``and the Surface
    Transportation Extension Act of 2003''; and
    (B) by striking ``that Act'' and inserting ``those
    Acts''.

    (d) Conformance With the Concurrent Resolution on the Budget for
    Fiscal Year 2004.--Notwithstanding any other provision of law, all
    adjustments made pursuant to section 110(a)(2) of title 23, United
    States Code, to sums authorized to be appropriated from the Highway
    Trust Fund (other than the Mass Transit Account) to carry out each of
    the Federal-aid highway and highway safety construction programs (other
    than emergency relief) in fiscal year 2004 shall be deemed to be zero.
    (e) Sense of Congress on Adjustment to Align Highway Spending With
    Revenues.--It is the sense of Congress that, in any multiyear
    reauthorization of the Federal-aid highway program, the alignment of
    highway spending with revenues under section 251(b)(1)(B)(ii) of the
    Balanced Budget and Emergency Deficit Control Act of 1985 should be
    restructured to minimize year-to-year fluctuations in highway spending
    levels and to ensure the uniform enforcement of such levels.

    [[Page 1128]]
    117 STAT. 1128

    SEC. 11. LEVEL OF OBLIGATION LIMITATIONS.

    (a) Highway Category.--Section 8103(a) of the Transportation Equity
    Act for the 21st Century (2 U.S.C. 901 note; 112 Stat. 492) is amended--
    (1) by striking ``and'' at the end of paragraph (4);
    (2) by striking the period at the end of paragraph (5) and
    inserting ``; and''; and
    (3) by adding at the end the following:
    ``(6) for fiscal year 2004, $34,498,000,000.''.

    (b) Mass Transit Category.--Section 8103(b) of such Act (2 U.S.C.
    901 note; 112 Stat. 492) is amended--
    (1) by striking ``and'' at the end of paragraph (4);
    (2) by striking the period at the end of paragraph (5) and
    inserting ``; and''; and
    (3) by adding at the end the following:
    ``(6) for fiscal year 2004, $7,303,000,000.''.

    (c) Treatment of Funds.--Notwithstanding any other provision of law,
    funds made available under this Act, including the amendments made by
    this Act, shall be deemed to be zero for the purposes of section 110 of
    the title 23, United States Code.

    SEC. 12. EXTENSION OF AUTHORIZATION FOR USE OF TRUST FUNDS FOR
    OBLIGATIONS UNDER TEA-21.

    (a) Highway Trust Fund.--
    (1) In general.--Paragraph (1) of section 9503(c) of the
    Internal Revenue Code of 1986 [NOTE: 26 USC 9503.] is
    amended--
    (A) in the matter before subparagraph (A), by
    striking ``October 1, 2003'' and inserting ``March 1,
    2004'',
    (B) by striking ``or'' at the end of subparagraph
    (D),
    (C) by striking the period at the end of
    subparagraph (E) and inserting ``, or'',
    (D) by inserting after subparagraph (E), the
    following new subparagraph:
    ``(F) authorized to be paid out of the Highway Trust
    Fund under the Surface Transportation Extension Act of
    2003.'', and
    (E) in the matter after subparagraph (F), as added
    by this paragraph, by striking ``TEA 21 Restoration
    Act'' and inserting ``Surface Transportation Extension
    Act of 2003''.
    (2) Mass transit account.--Paragraph (3) of section 9503(e)
    of such Code is amended--
    (A) in the matter before subparagraph (A), by
    striking ``October 1, 2003'' and inserting ``March 1,
    2004'',
    (B) in subparagraph (B), by striking ``or'' at the
    end of such subparagraph,
    (C) in subparagraph (C), by inserting ``or'' after
    ``Century,'',
    (D) by inserting after subparagraph (C) the
    following new subparagraph:
    ``(D) the Surface Transportation Extension Act of
    2003,'', and
    (E) in the matter after subparagraph (D), as added
    by this paragraph, by striking ``TEA 21 Restoration
    Act'' and inserting ``Surface Transportation Extension
    Act of 2003''.

    [[Page 1129]]
    117 STAT. 1129

    (3) Exception to limitation on transfers.--Subparagraph (B)
    of section 9503(b)(5) of such Code [NOTE: 26 USC 9503.] is
    amended by striking ``October 1, 2003'' and inserting ``March 1,
    2004''.

    (b) Aquatic Resources Trust Fund.--
    (1) Sport fish restoration account.--Paragraph (2) of
    section 9504(b) of the Internal Revenue Code of 1986 [NOTE: 26
    USC 9504.] is amended--
    (A) in subparagraph (A), by striking ``Wildlife and
    Sport Fish Restoration Programs Improvement Act of
    2000'' and inserting ``Surface Transportation Extension
    Act of 2003'', and
    (B) in subparagraphs (B) and (C), by striking ``TEA
    21 Restoration Act'' in each such subparagraph and
    inserting ``Surface Transportation Extension Act of
    2003''.
    (2) Boat safety account.--Subsection (c) of section 9504 of
    such Code is amended--
    (A) by striking ``October 1, 2003'' and inserting
    ``March 1, 2004'', and
    (B) by striking ``TEA 21 Restoration Act'' and
    inserting ``Surface Transportation Extension Act of
    2003''.
    (3) Exception to limitation on transfers.--Paragraph (2) of
    section 9504(d) of such Code is amended by striking ``October 1,
    2003'' and inserting ``March 1, 2004''.

    (c) Effective Date.--The [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 this Act and ending on
    February 29, 2004, for purposes of making any estimate under section
    9503(d) of the Internal Revenue Code of 1986 of receipts of the Highway
    Trust Fund, the Secretary of the Treasury shall treat--
    (1) each expiring provision of paragraphs (1) through (4) of
    section 9503(b) of such Code which is related to 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

    [[Page 1130]]
    117 STAT. 1130

    (2) with respect to each tax imposed under the sections
    referred to in section 9503(b)(1) of such Code, the rate of such
    tax during the 24-month period referred to in section
    9503(d)(1)(B) of such Code to be the same as the rate of such
    tax as in effect on the date of the enactment of this Act.

    Approved September 30, 2003.

    LEGISLATIVE HISTORY--H.R. 3087 (S. 1640):
    ---------------------------------------------------------------------------

    SENATE REPORTS: No. 108-54 accompanying S. 1640 (Comm. on Environment
    and Public Works).
    CONGRESSIONAL RECORD, Vol. 149 (2003):
    Sept. 24, considered and passed House.
    Sept. 26, considered and passed Senate.