[Congressional Record Volume 150, Number 114 (Tuesday, September 21, 2004)]
[Senate]
[Pages S9443-S9453]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. DURBIN (for himself, Mr. Bunning, Mr. Bayh, and Mr. 
        Fitzgerald):
  S. 2817. A bill to provide for the redesign of the reverse of the 
Lincoln 1-cent coin in 2009 in commemoration of the 200th anniversary 
of the birth of President Abraham Lincoln; to the Committee on Banking, 
Housing, and Urban Affairs.
  Mr. DURBIN. Mr. President, today I am introducing a bill to honor 
Abraham Lincoln in 2009, the bicentennial of his birth, by issuing a 
series of 1-cent coins with designs on the reverse that are emblematic 
of the 4 major periods of his life, in Kentucky, Indiana, Illinois, and 
Washington, D.C. The bill would also provide for a longer-term redesign 
of the reverse of 1-cent coins so that after 2009 they will bear an 
image emblematic of Lincoln's preservation of the United States as a 
single and united country.
  Abraham Lincoln was one of our greatest leaders, demonstrating 
enormous courage and strength of character during the Civil War, 
perhaps the greatest crisis in our Nation's history. Lincoln was born 
in Kentucky, grew to adulthood in Indiana, achieved fame in Illinois, 
and led the Nation in Washington, D.C. He rose to the Presidency 
through a combination of honesty, integrity, intelligence, and 
commitment to the United States.
  Adhering to the belief that all men are created equal, Lincoln led 
the effort to free all slaves in the United States. Despite the great 
passions aroused by the Civil War, Lincoln had a generous heart and 
acted with malice toward none and with charity for all. Lincoln made 
the ultimate sacrifice for the country he loved, dying from an 
assassin's bullet on April 15, 1865. All Americans could benefit from 
studying the life of Abraham Lincoln.
  The ``Lincoln cent'' was introduced in 1909 on the 100th anniversary 
of Lincoln's birth, making the front design by sculptor Victor David 
Brenner the most enduring image on the nation's coinage. President 
Theodore Roosevelt was so impressed by Brenner's talent that he was 
chosen to design the likeness of Lincoln for the coin, adapting a 
design from a plaque Brenner had prepared earlier. In the nearly 100 
years of production of the ``Lincoln cent,'' there have been only two 
designs on the reverse: the original, featuring two wheat-heads, and 
the current representation of the Lincoln Memorial in Washington, D.C.
  On the occasion of the bicentennial of Lincoln's birth and the 100th 
anniversary of the production of the Lincoln cent, we should recognize 
his great achievement in ensuring that the United States remained on 
Nation, united and inseparable.
                                 ______
                                 
      By Mr. DOMENICI:
  S. 2818. A bill to amend the Help America Vote Act of 2002 to ensure 
the same requirements that apply to voters who register by mail also 
apply to voters who do not register in person with an officer or 
employee of a State or local government entity, and to provide for 
increased penalties for fraudulent registration in cases involving 10 
or more violations; to the Committee on Rules and Administration.
  Mr. DOMENICI. Mr. President, the 2004 election is quickly 
approaching, and all Americans must be assured that when they cast 
their ballots, they will do so with the knowledge that the United 
States has done everything possible to ensure the election will be 
fair. Therefore, I rise today to introduce a commonsense election 
reform bill that will amend the law to add additional simple steps that 
will help ensure the integrity of the voting process and increase 
criminal penalties for those who knowingly and willfully commit fraud 
in voter registration.
  There is a recent court decision in New Mexico that has taken the 
plain reading of a very clearly written statute and has turned it on 
its head. The statute says:

       (4) a statement informing the applicant, that: (a) if the 
     form is not submitted in person by the applicant and the 
     applicant is registering for the first time in New Mexico, 
     the applicant must submit with the form a copy of a current 
     and valid photo identification, utility bill, bank statement, 
     government check, paycheck or other government document that 
     shows the name and address of the applicant--

  I stress again, ``in person.''

       (b) if the applicant does not submit the required 
     identification, he will be required to do so when he votes in 
     person or absentee.

  I submit the statute could not be clearer. However, in a bizarre 
contortion of logic, the New Mexico Secretary of State has determined 
that a third party can register 10, 100 or 1,000 voters. As long as 
that third party shows up in person at the county clerk's office, the 
actual voter does not have to show identification. Have we ever heard 
of anything more ridiculous?
  I believe the root cause of this problem is the recent proliferation 
of 527s that have begun to pop up throughout the country, largely 
uncontrolled and unregulated. These 527s have taken unlimited financial 
contributions from individual and other private sources to conduct 
voter mobilization drives and other activities. I am not against 
registering as many as we can, but this and the ruling seem to me to 
leave many voters to be unfairly treated because their vote may be 
wiped out by those who have not followed the State statute.
  While no one will argue against a laudable goal, as I indicated, of 
increasing voter registration and voter turnout, the unintended 
consequence of these activities I have described can be immense. The 
paid volunteers of these 527s are largely untrained, not familiar with 
communities in which they are working, nor are they familiar with the 
realities of election laws. In many cases, the volunteers are being 
paid by the number of people they are able to register. This has 
resulted in certain voters being registered two or more times at 
multiple addresses under multiple names.
  My hometown paper, the Albuquerque Journal, has published stories 
about minors receiving voter registration cards in the mail as well as 
stories about paid volunteers telling convicted felons they have 
unlimited ability to register and vote. County clerks have also said 
they have been inundated with thousands of incomplete or illegible 
forms.
  While no one can be sure of the exact effect of these 527s and what 
their effect will be on voter fraud in registration and in casting 
votes, the bill I am introducing today will amend the Help America Vote 
Act, called HAVA, by extending the identification requirements to 
individuals who have not themselves registered in person with their 
county clerk. In addition, it will enhance the penalties for 
individuals who knowingly and fraudulently register 10 or more people 
to vote.

  I know many people will believe my intentions in introducing this 
legislation are partisan. Skeptics will say my motive is political. But 
voter fraud is not about partisanship or politics; it is about 
fairness. Voter fraud is not a political act; it is a criminal act.
  Voting is the most important duty and responsibility of our citizens. 
Other reform issues have received a lot of attention, but I believe it 
is imperative to focus our attention on the fundamental issue of 
casting votes honestly and fairly. The Help America Vote Act, which we 
passed in 2002, and

[[Page S9444]]

the hundreds of new State laws that implement it fail to provide 
adequate uniform systems that verify voter identity, as I have 
indicated, or by court interpretation wipe out the protections that 
might be contemplated by clear and unambiguous statutes.
  Requiring a voter to provide identification prior to voting is not an 
unreasonable imposition, given the responsibility and possibilities 
that are attendant to not doing that are truly monumental. Simple and 
straightforward reforms, such as the one I am proposing, will make it 
easier to vote but harder to cheat. Showing the American public that we 
are serious about elections and those who might seek to do it 
improperly will go a long way toward restoring confidence in the 
registration and balloting process.
  I have already indicated that I sent the bill to the desk for 
appropriate referral.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2818

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. FINDINGS.

       Congress makes the following findings:
       (1) The right to vote is a fundamental and incontrovertible 
     right under the Constitution.
       (2) There is a need for Congress to encourage and enable 
     every eligible American to vote by reaffirming that the right 
     to vote is a fundamental right under the Constitution.
       (3) There is a need for Congress to encourage and enable 
     every eligible American to vote by reaffirming that the 
     United States is a democratic government ``of the people, by 
     the people, and for the people'' in which every vote counts.
       (4) There is a need for Congress to encourage and enable 
     every eligible American to vote by eliminating procedural 
     obstacles to voting.
       (5) There is a need to counter discrimination in voting by 
     removing barriers to the exercise of the constitutionally 
     protected right to vote.
       (6) There is a need to ensure that voter registration 
     processes fairly incorporate every eligible American seeking 
     to exercise the right to vote.
       (7) Participation in the electoral process is a fundamental 
     civic responsibility in which all eligible Americans should 
     be encouraged to actively participate.
       (8) There is a need to ensure that every eligible American 
     seeking to exercise the right to vote has access to the 
     electoral process through a uniform system of voter 
     registration that includes each voter's personal registration 
     with an appropriate State or local government election 
     entity.
       (9) Congress has authority under section 4 of Article I of 
     the Constitution of the United States, section 5 of the 
     Fourteenth Amendment to the Constitution of the United 
     States, and section 2 of the Fifteenth Amendment to the 
     Constitution of the United States to enact legislation to 
     address the equal protection violations that may be caused by 
     unfair voting systems.
       (10) Congress has an obligation to ensure that the States 
     and localities improve election administration and to ensure 
     the integrity of full participation of all Americans in the 
     democratic election process.

     SEC. 2. REQUIREMENTS FOR VOTERS WHO DO NOT REGISTER IN PERSON 
                   WITH AN OFFICER OR EMPLOYEE OF A STATE OR LOCAL 
                   GOVERNMENT ENTITY.

       (a) In General.--
       (1) Application of requirements to voters not registering 
     in person.--Section 303(b)(1)(A) of the Help America Vote Act 
     of 2002 (42 U.S.C. 15483(b)(1)(A)) is amended to read as 
     follows:
       ``(A) the individual--
       ``(i) registered to vote in a jurisdiction by mail; or
       ``(ii) did not register to vote in a jurisdiction in person 
     with an officer or employee of a State or local government 
     entity; and''.
       (2) Meaning of in person.--Paragraph (1) of section 303(b) 
     of such Act is amended by inserting at the end the following:
     ``For purposes of subparagraph (A)(ii), an individual shall 
     not be considered to have registered in person if the 
     registration is made by a person other than the person whose 
     name appears on the voter registration form.''.
       (b) Conforming Amendment.--The heading for subsection (b) 
     of section 303 of such Act is amended by inserting ``and Who 
     Do Not Register in Person'' after ``Mail''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect as if included in section 303 of the Help 
     America Vote Act of 2002.

     SEC. 3. INCREASED PENALTIES RELATING TO FRAUDULENT VOTER 
                   REGISTRATION IN CASES INVOLVING 10 OR MORE 
                   VIOLATIONS.

       (a) False Information in Registering or Voting.--Subsection 
     (c) of section 11 of the Voting Rights Act of 1965 (42 U.S.C. 
     1973i(c)) is amended by inserting at the end the following: 
     ``In the case of any person who is found to have been in 
     violation of this section with respect to 10 or more voter 
     registrations, this section shall be applied by substituting 
     `$20,000' for `$10,000' and by substituting `ten years' for 
     `five years' with respect to each such violation.''.
       (b) Penalty Under National Voter Registration Act of 
     1993.--Section 12 of the National Voter Registration Act of 
     1993 (42 U.S.C. 1973gg-10) is amended by inserting at the end 
     the following: ``In the case of any person who is found to 
     have been in violation of paragraph (2)(A) with respect to 10 
     or more registration applications, such person shall be fined 
     not less $500,000 ($1,000,000 in the case of an organization) 
     or shall be imprisoned not more than 10 years, or both, and 
     any such fine shall be paid into the general fund of the 
     Treasury as provided in the preceding sentence.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to violations occurring after the date of the 
     enactment of this Act.
                                 ______
                                 
      By Mr. SPECTER:
  S. 2819. A bill to provide education to students in grades 8, 9, and 
10 about the importance of higher education; to the Committee on 
Health, Education, Labor, and Pensions.
  Mr. SPECTER. Mr. President, I have sought recognition today to 
introduce the Higher Education Preparation Program Act of 2004, which 
is legislation designed to expand higher educational opportunities for 
American students. There is no doubt as to the benefit of receiving a 
post-secondary education. The level of education that individuals 
accumulate has an important influence on their experience in the labor 
market. According to 2002 U.S. Census Bureau statistics on educational 
attainment and earnings, the mean earnings of men with a bachelor's 
degree is $63,354, while the mean earnings of men with a high school 
degree is $32,363. This is a difference of more than $30,000 or 97 
percent.
  In recent years, there have been clear signs that more Americans are 
pursuing higher education opportunities. In June 2002, USA Today 
reported that 63 percent of high school graduates go to college 
immediately after graduation, the highest percentage in U.S. history. 
Yet not all of the news on college graduation rates has been good. Only 
18 percent of African Americans and 11 percent of Hispanic high school 
graduates earn a bachelor's degree by their late twenties, compared to 
33 percent of whites according to the National Center for Education 
Statistics (NCES) in 2001. Further, in 2000, NCES reported that 22 
percent of low-income, college qualified high school graduates do not 
pursue post-secondary education, compared to 4 percent of high-income 
graduates.
  As I travel through Pennsylvania, I still hear from too many middle 
school and high school students that they do not have the preparation 
necessary to enroll in higher education institutions. On a recent trip 
to the Commonwealth, I joined Andrew McKelvey--the founder of the 
McKelvey Foundation--to announce federal funding for entrepreneurial 
scholarships to rural, low-income Pennsylvania high school graduates. 
During that trip, I talked to Mr. McKelvey regarding the need to not 
only ensure access to funding for students to pursue higher education, 
but the need to both inform students about the importance of higher 
education, as well as prepare students for the application process.
  The bill I am introducing today, the Higher Education Preparation 
Program Act of 2004, will help to educate middle school and high school 
students in grades 8, 9, and 10, about higher education opportunities. 
This bill will create a program which will both provide students with 
information on higher education opportunities and prepare students for 
the process of applying to institutions of higher education by 
providing access to higher education preparation instruction. The 
availability of information on higher education opportunities makes an 
enormous difference to students contemplating continuing their 
education at the undergraduate level.
  My legislation will provide a grant to a nonprofit organization to 
develop a core curriculum to be taught in the classroom to equip middle 
and high school students with the appropriate skills and knowledge to 
pursue post-secondary education. Given the importance of higher 
education, it makes sense to prepare students for the undergraduate 
process as part of their

[[Page S9445]]

class instruction to ensure that all students have access to the 
necessary information to attain their goals. To this end, middle 
schools and high schools participating in the program would dedicate 
one hour each week of their classroom activity to higher education 
preparation of students utilizing the core curriculum.
  Additionally, I seek to create a network of intensive academic 
support for students by encouraging public-private partnerships to 
emphasize the importance of higher education. Partnerships with private 
entities create a unique opportunity for middle schools and high 
schools to supplement and enhance the core curriculum by offering 
appropriate enrichments, including guest speakers, videos and web-based 
services. For example, through these partnerships, middle school and 
high school students will gain first-hand knowledge of the skills that 
businesses are seeking by having the opportunity to speak with business 
leaders, as well as perhaps tour local facilities. This will underscore 
the significance and importance of higher education for students as 
they embark on their future career paths.
  To implement this initiative, my bill would authorize $10 million 
annually for fiscal years 2005 through 2010, for a nonprofit 
organization to develop a core curriculum which has as its cornerstone 
higher education preparation, as well as to establish this higher 
education preparation demonstration project. Under this project, five 
State educational agencies would be awarded federal funding to offer 
higher education preparation programs using the core curriculum in 
middle and high schools with historically low rates of student 
application and admission to post-secondary institutions.
  It is my hope that this Act will ensure that students who wish to 
enroll in a higher education institution will have access to the tools 
and resources necessary to help them plan for undergraduate study. We 
must take this step to encourage students to pursue their educational 
goals especially those who might not otherwise have this opportunity. I 
urge my colleagues to join me in cosponsoring this Act, and urge its 
swift adoption.
                                 ______
                                 
      By Mr. McCAIN:
  S. 2820. A bill to ensure the availability of certain spectrum for 
public safety entities by amending the Communications Act of 1934 to 
establish January 1, 2009, as the date by which the transition to 
digital television shall be completed, and for other purposes; to the 
Committee on Commerce, Science, and Transportation.
  Mr. McCain. Mr. President, I rise today to introduce a bill to 
support the Nation's finest: our police, fire fighters and other 
emergency response personnel. The ``Spectrum Availability for 
Emergency-response and Law-enforcement to Improve Vital Emergency 
Services Act,'' otherwise known as ``The SAVE LIVES Act.'' This bill is 
drafted in response to the 9-11 Commission's Final Report, which 
recommended the ``expedited and increased assignment of radio spectrum 
for public safety purposes.''
  To meet this recommendation, the SAVE LIVES Act would set a date 
certain for the allocation of spectrum to public safety agencies, 
specifically the 24 MHz of spectrum in the 700 MHz band that Congress 
promised public safety agencies in 1997. This is a promise Congress has 
yet to deliver to our Nation's first responders. Now is the time for 
Congressional action before another national emergency or crisis takes 
place. Access to this specific spectrum is essential to our Nation's 
safety and welfare as emergency communications sent over these 
frequencies are able to penetrate walls and travel great distances, and 
can assist multiple jurisdictions in deploying interoperable 
communications systems.
  In addition to setting a date certain, this bill would provide funds 
for public safety agencies to purchase emergency communications 
equipment, require the Federal Communications Commission (FCC) and the 
Department of Homeland Security (DHS) to study whether additional 
spectrum is necessary to support emergency communications systems, 
authorize a DHS program promoting interoperable emergency 
communications systems, provide funds to ensure no consumers' 
television set goes ``dark'' due to public safety's use of this 
television spectrum, mandate labeling of all analog television sets to 
better prepare consumers for the digital transition, support a consumer 
education program on digital television and required the FCC to 
complete its outstanding digital television proceedings.
  The 9-11 Commission's Final Report found, ``The inability to 
communicate was a critical element at the World Trade Center, Pentagon 
and Somerset County, Pennsylvania, crash sites, where multiple agencies 
and multiple jurisdictions responded. The occurrence of this problem at 
three very different sites is strong evidence that compatible and 
adequate communications among public safety organizations at the local, 
state, and federal levels remains an important problem.'' This bill 
would improve public safety interoperability and capability as quickly 
as possible.
  However, the 24 MHz of spectrum promised to public safety 
organizations is currently being used by the television broadcasters, 
and will not be available until the broadcasters complete the 
transition to digital television. At a recent Senate Commerce Committee 
hearing, Federal Communications Commission (FCC) Chairman Michael K. 
Powell stated that absent intervening legislation broadcasters may not 
be able to vacate this spectrum for ``decades'' or ``multiples of 
decades.''
  Therefore, this bill would set a firm deadline for the completion of 
the digital television transition: December 31, 2008. This date ensures 
that this spectrum would be available for use by police, fire fighters 
and other first responders no later than January 1, 2009. Is this soon 
enough? No, I wish it could be sooner. But after hearing testimony from 
Chairman Powell, public safety organizations and broadcasters at a 
recent Senate Commerce Committee hearing, I decided that a December 31, 
2008 date presents the most reasonable deadline providing numerous 
benefits to consumers and public safety organizations, including: 1. 
Adequate time for public safety agencies to begin building their 
interoperable communications networks to operate in the 700 MHz band; 
2. Sufficient time for the government to auction some of the remaining 
spectrum in the 700 MHz band to raise funds for the purchase and 
installation of new interoperable public safety communications 
equipment; 3. The certainty that manufacturers need to warrant the 
development and build-out of interoperable public safety communications 
equipment for use in the 700 MHz band; 4. Preparation time for 
consumers and the government to get ready for the completion of the 
digital transition, including time to purchase more digital television 
sets and time for the government to implement a subsidy program to 
ensure no television sets go ``dark'' on January 1, 2009; 5. A seamless 
transition period where all television stations migrate at once to 
digital broadcasting; and, 6. Sufficient time for the FCC to complete 
its outstanding proceedings regarding the digital television 
transition.
  In addition to setting a firm date for public safety's use of the 
spectrum, the bill would require the FCC, in consultation with DHS, to 
conduct a study to assess public safety organizations' future 
communications needs, including the need for additional spectrum, the 
need for a nationwide interoperable broadband mobile communications 
network, the ability of public safety organizations to use broadband 
and narrowband applications, and whether other first responders such as 
hospital and health care workers should be included in a nation-wide 
interoperable communications system. If our Nation's first responders 
need more spectrum to perform their work safely, then Congress should 
ensure that more spectrum is available at the same time the public 
safety organizations begin preparing to use the promised 24 MHz. This 
allows for efficiency and ensures that public safety organizations will 
not be subjected to multiple implementations of new communications 
equipment.
  This bill would also ask the FCC to study the advisability of 
reallocating some of the spectrum in the 700 MHz band for unlicensed 
wireless broadband uses. Unlicensed wireless broadband has many 
prospective benefits to our

[[Page S9446]]

Nation and allows the potential for pervasive connectivity nationwide. 
The bill would require the FCC to report back to the Senate and House 
Commerce Committees within one year of the bill's enactment on both 
studies' findings; however, nothing in the bill would preclude the FCC 
from taking action with respect to spectrum for unlicensed uses before 
completion of its report.

  The SAVE LIVES Act would authorize one of the President's top E-
Government initiatives: DHS' Wireless Public SAFEty Interoperability 
COMMunications Program, commonly referred to as SAFECOM. This program 
serves as the umbrella program within the Federal Government to 
coordinate the efforts of local, tribal, state and Federal public 
safety agencies to promote effective, efficient and interoperable 
wireless communications. SAFECOM has been moved between the Department 
of Justice and the Department of Treasury and now resides at DHS. By 
authorizing SAFECOM within its rightful place, DHS, it ensures the 
program will remain available to assist our Nation's first responders 
and localities.
  SAFECOM has served as a consultant to many states and localities 
assisting with the development of their interoperable emergency 
communications systems. However, most importantly, SAFECOM has 
completed the development of critical standards for public safety 
communications equipment mandating interoperability, which is now 
included as a condition on all monies provided to localities by the 
Federal Government for public safety communications equipment. This 
should provide for greater national interoperability and decreased 
costs for localities. Recognizing the need for a centralized office to 
handle all aspects of emergency communications planning, the 
Administration created SAFECOM and this bill would authorize it.
  Additionally, this bill would appropriate auction revenues from the 
sale of returned analog broadcast spectrum to create a subsidy to limit 
the disruption of broadcast services to the public, especially for 
those who rely exclusively on over-the-air broadcast television. The 
total cost of this subsidy program is not to exceed $1 billion. This 
may sound like a great deal on money, especially to a fiscal 
conservative like myself; however, it is only a small portion of the 
revenues it is believed the auction of this spectrum will generate. And 
most importantly, it is a small cost to ensure that all Americans have 
access to over-the-air television. Local television broadcasting is 
truly an important part of our homeland security and often an important 
communications vehicle in the event of a national, regional or local 
emergency.
  The New America Foundation testified before the Commerce Committee in 
June 2004 that the auction of the analog television spectrum can be 
expected to yield between $30-to-$40 billion in revenue to the 
Treasury. Last week in testimony before the Senate Commerce Committee, 
FCC Chairman Powell stated that he has heard estimates as high as $70 
billion. Based on these projections, the $1 billion to fund a consumer 
subsidy program would be less than three percent of the total expected 
auction revenues from the analog television spectrum.
  One billion may even be more than enough to assist the 17.4 million 
over-the-air consumers because this figure assumes that digital-to-
analog converter boxes will retail for approximately $75 per box in 
2008. Last week, Motorola testified that they would introduce a 
digital-to-analog converter box for $67 per unit in the near term. 
Motorola calculated that such a price per unit would cap the cost of 
providing converters at less than $840 million nationwide to all over-
the-air consumers. This week Zenith Electronics announced that the 
company intends to retail digital-to-analog converter boxes at $50 to 
$70 per unit within four years.
  The bill would also establish the parameters for the subsidy program, 
requiring the program to be developed by the Department of Commerce in 
conjunction with the Office of Management and Budget and established no 
later than January 1, 2008. The bill would require the program to give 
priority to funding equipment or services to low income viewers, to 
offer these viewers technology neutral options and to be conducted at 
the lowest feasible administrative cost.
  The bill would also authorize any remaining funds from the subsidy 
program, along with other auction monies, to be used to establish a 
grant program to provide public safety organizations with emergency 
communications equipment so these groups can begin using the 24 MHz of 
spectrum by January 2009. The specific amount would be determined by 
the Director of the Office of Management and Budget and be based on a 
National Baseline Interoperability study currently being conducted by 
SAFECOM. This study is currently being performed to determine the 
precise amount that is already being provided by the Federal government 
to local and regional public safety organizations for the purchase of 
new communications equipment and for the funding of emergency 
communications training.
  There are numerous grant programs throughout the Federal government, 
however no agency has ever studied how much money from how many grants 
is being provided to localities. After this study is completed, as 
required by this legislation by December 31, 2005, the Federal 
government will best know how much money is necessary to ensure that 
public safety organizations have the equipment necessary to immediately 
begin using the 700 MHz spectrum in January 2009.
  At the September 8, 2004 Senate Commerce Committee hearing, a 
representative of public safety organizations testified, ``There also 
needs to be expanded funding for equipment, and more extensive planning 
and cooperation among public safety personnel at all levels of 
government. This includes local governments who must interoperate with 
their neighbors and with overlapping jurisdictions, regional 
authorities covering large metropolitan areas and sometimes crossing 
state borders, states through their State Interoperability Executive 
Committees (SIECs), and the Federal Government.'' This bill would 
respond to such requests from public safety organizations and 
localities. Just providing spectrum to public safety is not enough. 
Without funds to purchase new equipment, this spectrum may sit fallow 
after being vacated by the broadcasters. This would be an unfair result 
to broadcasters, public safety organizations and American citizens.
  In pursuit of educating consumers about the digital television 
transition, the bill would require, after September 30, 2005, the 
labeling of all analog television sets to communicate to buyers that 
the purchase of additional equipment may be necessary after December 
31, 2008. The bill would also require retailers to post the same 
information at the store.
  Also in an effort to educate consumers about the digital television 
transition, the bill would require, within one year of enactment, that 
the Department of Commerce report back to the Senate and House Commerce 
Committees any recommendations on an effective program to educate 
consumers about the digital television transition; the need, if any, 
for Federal funding, and the duration of such a program. Lastly, the 
bill would require the FCC to issue a decision on some remaining DTV 
proceedings, including a proceeding on whether cable or satellite 
companies should be required to carry broadcasters' multi-cast channels 
and whether broadcasters should have additional public interest 
requirements as part of the DTV transition.
  Specifically, the 9-11 Commission's Final Report gave Congress clear 
directives: accelerate the availability of spectrum for public safety 
and provide more spectrum for public safety. Public safety 
organizations have stated that neither of these goals can be met 
without increasing funding for public safety. This legislation charts a 
course to achieve all three of these objectives without stranding over-
the-air television consumers.
  As you may be aware, Senator Lieberman and I introduced S. 2774 
earlier this month implementing the 9-11 Commission's final 
recommendations, including the recommendation that Congress should 
support H.R. 1425, ``The Homeland Emergency Response Operations Act,'' 
commonly known as ``The HERO Act.'' The HERO Act would set an earlier 
date of December 31, 2006 for the return of this spectrum. Senator 
Lieberman and I included this language in our bill S. 2774.

[[Page S9447]]

  After introducing S. 2774, I heard criticisms from some consumers and 
broadcasters that the HERO Act was flawed as it did not ensure 
continued over-the-air broadcast television service. Public safety 
organizations also remained skeptical that they would have the funds 
necessary to purchase equipment to operate on the newly acquired 
spectrum. Therefore, last week, as Chairman of the Commerce Committee, 
I held a Committee hearing to examine the benefits and shortcomings of 
the HERO Act, and whether there are other policy proposals that could 
achieve the same result, providing spectrum and equipment expediously 
to public safety organizations, without potentially forcing some 
television broadcast stations to go ``dark.''
  I heard testimony that in order to meet the HERO Act's December 31, 
2006 deadline, at least 40 broadcast stations, and possibly more, 
broadcasting on this spectrum would be required to vacate. In many of 
these markets, there is no available spectrum for station relocation, 
meaning this legislation may force some stations, including many 
Spanish language stations, to cease over-the-air broadcasting possibly 
harming consumers. As the CEO of PAXTV, a broadcaster who broadcasts on 
17 of these 40 affected stations, aptly stated, ``Our money was 
invested on the basis that we would be treated equally with all 
television stations during the transition. The [HERO Act] discriminates 
against us.''
  I heard testimony from public safety representatives that the 24 MHz 
was not enough, that more spectrum and more funds were needed to ensure 
adequate interoperable emergency communications systems are in place to 
ensure the safety of first responders and the public. Chief Devine of 
the Missouri State Highway Patrol stated, ``Inadequate spectrum leads 
to congested channels and interference among licensees, potentially 
blocking life-saving radio communications and generating confusion 
during critical incidents. Additional spectrum capacity would alleviate 
that congestion and allow for much faster `ramping up' of 
communications capability when major emergencies occur.''
  In an effort to expediously retrieve the spectrum for the Nation's 
first responders, to preserve over-the-air television accessibility to 
consumers and to ensure the adequate funding of both, I urge the 
enactment of The SAVE LIVES Act.
                                 ______
                                 
      By Ms. SNOWE (for herself and Mr. Bond):
  S. 2821. A bill to reauthorize certain programs of the Small Business 
Administration, and for other purposes; to the Committee on Small 
Business and Entrepreneurship.
  Ms. SNOWE. Mr. President, I rise today to introduce the ``Small 
Business Reauthorization and Manufacturing Assistance Act of 2004,'' 
that reauthorizes programs administered by the Small Business 
Administration under the Small Business Act and the Small Business 
Investment Act of 1958, and contains significant improvements to SBA 
programs.
  I am confident that the bill before us will accelerate our efforts to 
work with the other body to resolve outstanding issues that are 
blocking passage of a larger Small Business Administration 
reauthorization bill. It is my hope Congress can send a final bill to 
help small businesses to the President for signature before the close 
of the 108th Congress.
  The bill before us contains many provisions that are substantively 
similar to the Small Business Administration 50th Anniversary 
Reauthorization Act of 2003, S. 1375, which was passed by the Senate on 
September 26, 2003.
  The fundamental purpose of the SBA is to ``aid, counsel, assist, and 
protect the interests of small-business concerns.'' The methods for 
carrying out the mandates set forth by Congress include a wide array of 
financial, procurement, management, and technical assistance programs 
tailored to encourage small business growth and expansion. As the 
economy continues to recover and grow, it is essential that Congress 
send a message that affirms long-term stability in the programs the SBA 
provides to the small business community.
  In the 50-year period since the establishment of the SBA, there have 
been many revisions and additions to the methods and organizational 
structure used by the SBA to respond to the evolving needs of the small 
business. This bill I introduce today builds on those changes.
  Since 1953, nearly 20 million small business owners have received 
direct or indirect help from one of the SBA's lending or technical 
assistance programs, making the agency one of the government's most 
cost-effective instruments for economic development.
  SBA's current loan portfolio of more than 200,000 loans worth more 
than $45 billion makes it the largest single supporter of small 
businesses in the country. In this year alone, lenders have made 83,912 
loans to small businesses in the SBA's two major loan programs, with a 
total value of $16.5 billion.
  Moreover, the SBA's Small Business Investment Company program's 
current portfolio of more than 16,900 financings with an initial 
investment amount of $17.2 billion makes it the largest single equity-
type backer of U.S. businesses in the Nation. Since 1958 the venture 
capital program has put more than $42.3 billion into the hands of small 
business owners, and this year it has produced investments of more than 
$2.6 billion in small businesses.
  The SBA estimates that thus far in the current fiscal year its loan 
and venture capital programs have provided small businesses with $19.7 
billion in various forms of financing, and have allowed small 
businesses to create or retain 716,144 jobs.
  In my home State of Maine, almost 2,500 SBA loans have been made 
since 1999, for a total of over $288 million, to small businesses that 
might not have qualified for loans through lending channels not 
supported by the SBA.
  Each year, there are 3 to 4 million new business start-ups and one in 
25 adult Americans are taking steps to start a business. These small 
business owners now want to make plans for the future, including 
decisions that will create approximately two-thirds of all net new jobs 
and help sustain local communities, according to a recent survey by the 
National Federation of Independent Business.
  Over the last five years the SBA's programs and services have helped 
create and retain over 6.2 million jobs. According to the SBA, the 
$65.5 billion awarded to small businesses in Federal prime and 
subcontracts in FY 2003 will create or retain close to 500,000 jobs.
  The SBA also estimates that reauthorizing the agency will result in 
the creation or retention of an estimated 3.3 million jobs over the 
next 5 years. During that same period, the SBA and its programs are 
predicted to support over 1 million jobs through prime contracts and 
subcontracts.
  In September 2003, the Senate unanimously passed a bill that I had 
introduced to reauthorize for 3 years the SBA and its programs, the 
Small Business Administration 50th Anniversary Reauthorization Act of 
2003. However, the other body has been stalled for almost a year in its 
consideration of legislation to reauthorize the SBA.
  In a highly competitive and dynamic economy, too much is at stake for 
small firms, and the economy as a whole, to let this legislation 
languish. With passage of a new multi-year reauthorization bill, we 
will ensure that the SBA is well-positioned to help small businesses. 
Clearly, this is not the time to delay legislation that directly 
benefits the backbone of our economy, and our hope for the future--the 
small firms that are most responsible for putting people to work.
  With the close of the 108th Congress rapidly approaching, the time to 
act is now!
  I urge my colleagues to support this bill for the benefit of small 
businesses, our economy, and our Nation.
                                 ______
                                 
      By Mr. REID (for himself, Mr. Bond, and Mr. Jeffords):
  S. 2822. A bill 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; to the Committee on 
Environment and Public Works.
  Mr. REID. Mr. President, just this week--and this is only Tuesday--
the American Association of State Highway and Transportation Officials, 
known as AASHTO, which is comprised of the transportation leaders from 
the 50 States--the State of Missouri has a

[[Page S9448]]

director of the department of transportation, the State of Ohio has a 
director of the department of transportation, the State of Nevada does; 
their titles may vary a little bit, but that is their job; that is who 
this AASHTO is composed of, among others--they have called this week 
upon Congress to immediately pass a ``well funded, six year 
reauthorization'' of the Nation's transportation program. I agree with 
them. But as you know, this program expired a year ago and the States 
have been operating under a series of short-term extensions. This has 
disrupted their construction programs, delayed safety improvements, and 
interrupted funding to transit operators.
  The fact is, we are not going to have a 6-year reauthorization bill 
this year for a lot of reasons, not the least of which is that we 
passed, as the Presiding Officer knows, a bill that was advocated for 
and supported by the senior Senator from the State of Missouri, a bill 
that passed this House by a huge margin, a bill that created funding at 
a level of $318 billion over the period of time of the bill. That bill 
did not increase the Federal deficit a skinny dime, not anything. It 
was a good bill, and we were stunned to learn that the President wanted 
a bill at a much lower level, some $250-odd billion. Why? I have spoken 
to some of his closest friends around here, and they have not got a 
reason for that.
  We have now some in this body who are bowing to pressure from the 
White House and are trying to write a bill at $284 billion, which is 
$28 billion more than what the President said he would agree to. Both 
of these are well below the spending limits called for by the U.S. 
Department of Transportation as to what they need, what their analysis 
is, and that which is sought by the entire transportation industry.
  Not only do we have a resolution from AASHTO, the transportation 
directors, but we also have a letter from the United States Conference 
of Mayors which is quite clear and basically says the same thing. We 
also have a resolution from the Association of Metropolitan Planning 
Organizations.
  In the absence of a well-funded, multiyear reauthorization bill, the 
Nation's State transportation officials have called for at least a 6-
month extension of the current program.
  I ask unanimous consent that the resolution dated September 20, 2004, 
from the American Association of State Highway and Transportation 
Officials be printed in the Record, along with the documents I spoke of 
from the United States Conference of Mayors and the Association of 
Metropolitan Planning Organizations.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                       Policy Resolution PR-06-04

       Whereas, rescission of previously apportioned contract 
     authority has become commonplace in recent appropriations 
     bills, and
       Whereas, the Transportation Equity Act for the 21st 
     Century, authorizing funding for federal-aid highway, transit 
     and highway transit safety programs, expired on September 30, 
     2003;
       Whereas, the AASHTO Board of Directors passed a resolution 
     on May 16, 2004 calling for prompt enactment of a well-
     funded, six-year reauthorization bill;
       Whereas, the Congress has not yet passed a well funded, 
     six-year reauthorization bill;
       Whereas, further extensions are intolerable and have the 
     following negative impacts on the Nation's transportation 
     system: Disruption to the construction program, adverse 
     effects on transportation decision making, safety 
     improvements delayed, funding disruptions to grant 
     recipients;
       Whereas, prompt enactment of such a bill before the 
     adjournment of the 108th Congress remains the top priority of 
     state departments of transportation: Now, therefore, be it
       Resolved, if Congress determines that an extension is 
     absolutely necessary, then it should be for six months to 
     avoid a series of disruptive and harmful shorter term 
     extensions; and be it further
       Resolved, That such extension should provide for funding at 
     levels higher than FY 2004; and be it further
       Resolved, That immediate reauthorization of the highway and 
     transit program at maximum funding levels is urgently needed 
     and preferable to any extension; and be it further
       Resolved, That a six-month extension of the federal-aid 
     highway and transit programs should, to the maximum extent 
     possible, apportion highway funds to the States through the 
     existing core highway programs.
                                  ____

                                                 The United States


                                         Conference of Mayors,

                               Washington, DC, September 21, 2004.
     Hon. Don Young,
     Chair, Transportation and Infrastructure Committee, Rayburn 
         House Office Building, House of Representatives, 
         Washington, DC.
     Hon. James Oberstar,
     Ranking Member, Transportation and Infrastructure Committee, 
         Rayburn House Office Building, House of Representatives, 
         Washington, DC.
     Hon. James M. Inhofe,
     Chair, Environment and Public Works Committee, Dirksen Senate 
         Office Building, U.S. Senate, Washington, DC.
     Hon. James M. Jeffords,
     Ranking Member, Environment and Public Works Committee, 
         Dirksen Senate Office Building, U.S. Senate, Washington, 
         DC.
       Dear Conferees: In August, The United States Conference of 
     Mayors met in Chicago, Illinois for a special leadership 
     meeting to release its updated 4-point policy agenda for 
     keeping America Strong: Mayors '04 Metro Agenda for America's 
     Cities.
       A major cornerstone of that agenda is transportation 
     investment of no less than $318 billion over six years for 
     the reauthorization of the nation's surface transportation 
     law (TEA-21) to build a 21st Century Transportation system 
     with modern transit, bridges, large-scale transportation 
     infrastructure projects, and metro highway systems with new 
     technologies that link major metro areas, cut the time people 
     spend in traffic, create more jobs, and move goods and 
     services more productively.
       Should Congress determine an extension is necessary to meet 
     an investment of $318 billion over six-years, the nation's 
     mayors urge the adoption of a simple extension of no less 
     than six months avoiding disruption to the transportation 
     program occurring under short-term extensions.
       Maintaining the Conference's support for a $318 billion 
     transportation bill requires continued balanced 
     transportation investment in our metropolitan areas 
     including:


                    public transportation investment

       Recognizing that public transportation reduces congestion, 
     the nation's mayors urge no less than $56.5 billion for 
     public transportation to stimulate a dramatic expansion of 
     high-capacity public transit systems, including light rail, 
     heavy rail, commuter rail, and bus service.
       Funding for the transit program from the general fund and 
     the Mass Transit Account of the Highway Trust Fund should be 
     guaranteed and we support maintaining current federal-local 
     matching shares for the transit program as authorized under 
     ISTEA and TEA-21.
       Oppose efforts to increase funding for the highway program 
     by reducing funding for the transit program by maintaining 
     the 20% transit-80% highway share.
       Support the historical funding allocation of 40% for rail 
     modernization, 40% for the new starts program and 20% for the 
     bus and bus facilities program as included in H.R. 3550.
       Recognizing that cities throughout the United States are 
     embracing less expensive, fixed guideway transit projects 
     like streetcars, trolleys and bus rapid transit, we support 
     the establishment of a new Small Starts Program with modified 
     Federal rules to expedite these projects.


                 metropolitan infrastructure investment

       Acknowledging that 32 percent of our major roads are in 
     poor condition and 29 percent of the nation's bridges are 
     structurally deficient or functionally obsolete, we urge you 
     to fund the core highway programs at no less than the $261.5 
     billion identified in the Senate bill.
       Recognizing that it is difficult for localities and states 
     to dedicate adequate resources to build, rebuild, or repair 
     large-scale infrastructure projects addressing freight and 
     goods movement, safety, and aging and congested 
     transportation infrastructure, we urge no less than $6.6 
     billion for ``Projects of National and Regional 
     Significance.''


                        environmental investment

       The Congestion Mitigation and Air Quality Program (CMAQ) 
     should be funded at the Senate's $13.4 billion level in 
     response to the growing number of non-attainment areas 
     designated under the 8-hour ozone and fine particulate matter 
     standards.
       Oppose efforts designed to divert CMAQ funds to other 
     purposes, undermining commitments to metropolitan areas to 
     fund the clean air mandate. Recognizing that metropolitan 
     areas are struggling with the contamination of drinking water 
     and the cleanup of streams, rivers, lakes and ponds from 
     stormwater discharge, including oil, grease, lead and 
     mercury, the nation's mayors support the establishment of a 
     Highway Stormwater Discharge Mitigation Program as designed 
     in S. 1072.


                 safety and increased public investment

       Recognizing that safe routes for bicycles, walking and 
     other non-motorized transportation choices are still 
     inadequate in many metropolitan areas, the nation's mayors 
     support the Safe Routes to School program as designed and 
     funded H.R. 3550 and also support maximum funding for 
     Transportation Enhancements.
       We urge you to support the metropolitan planning fund 
     provision in the Senate bill that would increase the take 
     down for metropolitan areas from 1 percent to 1.5 percent. We 
     believe this adjustment will enhance clean air efforts, 
     increase public involvement and will improve congestion 
     relief efforts.

[[Page S9449]]

 oppose transportation technology innovation and demonstration program 
    provision that preempts local and state rights-of-way authority

       We urge you to oppose the Transportation Technology 
     Innovation and Demonstration Program provision in S. 1072 
     (Section 2105 (a)(5)) and H.R. 3550 (Section 5205 (g)(4)) 
     that preempts a local or state government from enforcing its 
     rights-of-way management rules on companies seeking to 
     provide Intelligent Vehicle Highway Systems.
       We urge you to respect the unimpeded right of local 
     government as owners/trustees of the rights-of-way to manage 
     their rights-of-way and to receive compensation, including 
     collection of all costs, including recovery of reasonable 
     rent, for the rights-of-way by companies seeking access to 
     the rights-of-way to provide Intelligent Vehicle Highway 
     Systems.
       Transportation is a top priority for America's mayors. 
     Transportation is an economic stimulus. It creates jobs and 
     helps ensure that metropolitan economies thrive and in turn 
     the nation's economy.
       The United States Conference of Mayors would be pleased to 
     supply additional information to further your assessment of 
     these issues before the conference committee. With strong 
     backing from mayors across the nation on these issues, we 
     stand ready to work with you on the reauthorization of TEA-
     21.
           Sincerely,
                                                      Tom Cochran,
     Executive Director.
                                  ____


 Resolution of the Association of Metropolitan Planning Organizations 
                     Transportation Reauthorization

       Whereas, The Transportation Efficiency Act for the 21st 
     Century, authorizing federal funding for highway and transit 
     programs, expired on September 30, 2003; and
       Whereas, the Congress has not yet passed a well-funded six-
     year reauthorization bill; and
       Whereas, the last extension funds transportation projects 
     through September 24, 2004, nearly the end of the federal 
     fiscal year; and
       Whereas, Metropolitan Planning Organizations (MPOs) develop 
     their long range plans and Transportation Improvement 
     Programs based on the expectation that predictable funding 
     will be distributed for core programs, as has consistently 
     been done in the first four TEA-21 extensions; and
       Whereas, ongoing extensions impede quality planning; and
       Whereas, after the 2000 census, 46 new MPOs were created 
     without additional funds distributed to MPOs: Now, let it be
       Resolved That the Association of Metropolitan Planning 
     Organizations (AMPO) urges Congress to promptly pass either a 
     multi-year fully funded bill or a one-year extension, bearing 
     in mind the needs of MPOs; and be it further
       Resolved That money in the extension should be distributed 
     by formula to core programs and earmarks should be deferred 
     until reauthorization legislation; and be it further
       Resolved, That core program funding should be spent for its 
     intended purpose and not flexed into other areas, 
     particularly CMAQ and STP suballocated to TMAs; and be it 
     further
       Resolved That Congress and the Administration take 
     corrective action in order to ensure that the calculation for 
     the allocation of FHWA metropolitan planning (PL) funds and 
     urban attributable suballocated funds includes the minimum 
     guarantee amount for the FY 2005 apportionment, whether a 
     multi-year bill or a one-year extension is passed.

  Mr. REID. As this Congress draws to a close, there continue to be 
large obstacles standing in the way of a well-funded, multiyear 
reauthorization. For this reason, I have joined with my friend and 
colleague Senator Bond in a bipartisan effort and have introduced this 
day a clean 6-month extension of the highway, transit, and highway 
safety programs. It certainly is my hope this would provide State and 
local officials with the predictability they need to effectively manage 
our transportation system.
  I remain committed to working in a bipartisan way to achieve a 
successful reauthorization of the Nation's surface transportation laws. 
I hope we can move forward on this 6-month extension. It is important 
we do that. It is important we do it as quickly as possible. There is 
even some disagreement as to when the bill runs out, when we close down 
the Department of Transportation, whether it is this Friday or next 
Friday. The fact is, we have to do it very soon.
  I appreciate the attention of Members.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 2822

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Surface Transportation 
     Extension Act of 2004, Part VI''.

     SEC. 2. ADVANCES.

       (a) In General.--The Secretary of Transportation (referred 
     to in this Act as the ``Secretary'') shall apportion funds 
     made available under section 1101(c) of the Transportation 
     Equity Act for the 21st Century (117 Stat. 1111; 118 Stat. 
     876), to each State in the ratio that--
       (1) the State's total fiscal year 2004 obligation authority 
     for funds apportioned for the Federal-aid highway program; 
     bears to
       (2) all States' total fiscal year 2004 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--
       (A) the Interstate maintenance program;
       (B) the National Highway System program;
       (C) the bridge program;
       (D) the surface transportation program;
       (E) the congestion mitigation and air quality improvement 
     program;
       (F) the recreational trails program;
       (G) the Appalachian development highway system program; and
       (H) 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 2004; bears to
       (ii) the total of the amount of funds apportioned for the 
     items to the State for fiscal year 2004.
       (3) Administration of funds.--Funds authorized by section 
     1101(l) of the Transportation Equity Act for the 21st Century 
     (as added by 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 
     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 $1,400,000,000 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 in the 
     first sentence by inserting after ``2004,'' the following: 
     ``and in the period of October 1, 2004, through March 31, 
     2005,''.
       (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 2005, under a multiyear 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; 117 Stat. 1118) is amended by adding at the end the 
     following:
       ``(l) Advance Authorization for Fiscal Year 2005.--
       ``(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 2004, Part VI $18,080,500,000 for the period 
     of October 1, 2004, through March 31, 2005.
       ``(2) Special rule.--Funds apportioned under section 2(a) 
     of the Surface Transportation Extension Act of 2004, Part VI 
     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, 2004, through March 31, 2005, 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

[[Page S9450]]

     of Transportation for fiscal year 2005 that is--
       (A) equal to the greater of--
       (i) the State's unobligated balance, as of October 1, 2004, 
     of Federal-aid highway apportionments subject 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 2004 
     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 2004 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 2005 shall not exceed $17,450,000,000, except 
     that this limitation shall not apply to $319,500,000 in 
     obligations for minimum guarantee for the period of October 
     1, 2004, through March 31, 2005.
       (3) Time period for obligations of funds.--No funds shall 
     be obligated for any Federal-aid highway program project 
     after March 31, 2005, until the date of enactment of a 
     multiyear law reauthorizing the Federal-aid highway program 
     that is enacted after the date of enactment of this Act.
       (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 2005 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 2005.

     SEC. 3. TRANSFERS OF UNOBLIGATED APPORTIONMENTS.

       (a) In General.--In addition to any other authority of a 
     State to transfer funds, for fiscal year 2005, 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 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 multiyear law reauthorizing the Federal-aid 
     highway program enacted after the date of enactment of this 
     Act, the Secretary shall restore any funds that a 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 $225,000,000 for fiscal year 2005.
       (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; 118 Stat. 877) is amended--
       (i) by inserting before the period at the end the 
     following: ``and $137,500,000 for the period of October 1, 
     2004, through March 31, 2005''; 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 $6,500,000 instead 
     of $13,000,000.''.
       (B) Public lands highways.--Section 1101(a)(8)(B) of such 
     Act (112 Stat. 112; 118 Stat. 878) is amended by inserting 
     before the period at the end the following: ``and 
     $123,000,000 for the period of October 1, 2004, through March 
     31, 2005''.
       (C) Park roads and parkways.--Section 1101(a)(8)(C) of such 
     Act (112 Stat. 112; 118 Stat. 878) is amended by inserting 
     before the period at the end the following: ``and $82,500,000 
     for the period of October 1, 2004, through March 31, 2005''.
       (D) Refuge roads.--Section 1101(a)(8)(D) of such Act (112 
     Stat. 112; 118 Stat. 878) is amended by inserting before the 
     period at the end the following: ``and $10,000,000 for the 
     period of October 1, 2004, through March 31, 2005''.
       (2) National corridor planning and development and 
     coordinated border infrastructure programs.--Section 
     1101(a)(9) of such Act (112 Stat. 112; 118 Stat. 878) is 
     amended by inserting before the period at the end the 
     following: ``and $70,000,000 for the period of October 1, 
     2004, through March 31, 2005''.
       (3) Construction of ferry boats and ferry terminal 
     facilities.--
       (A) In general.--Section 1101(a)(10) of such Act (112 Stat. 
     112; 118 Stat. 878) is amended by inserting before the period 
     at the end the following: ``and $19,000,000 for the period of 
     October 1, 2004, through March 31, 2005''.
       (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; 118 Stat. 878), of funds made available by 
     the amendment made by subparagraph (A)--
       (i) $5,000,000 shall be available for section 1064(d)(2) of 
     such Act;
       (ii) $2,500,000 shall be available for section 1064(d)(3) 
     of such Act; and
       (iii) $2,500,000 shall be available for section 1064(d)(4) 
     of such Act.
       (4) National scenic byways program.--Section 1101(a)(11) of 
     the Transportation Equity Act for the 21st Century (112 Stat. 
     113; 118 Stat. 878) is amended by striking ``fiscal years 
     2003 and 2004'' and inserting ``fiscal year 2003, and 
     $13,750,000 for the period of October 1, 2004, through March 
     31, 2005''.
       (5) Value pricing pilot program.--Section 1101(a)(12) of 
     such Act (112 Stat. 113; 118 Stat. 878) is amended--
       (A) by striking ``and''; and
       (B) by inserting before the period at the end the 
     following: ``, and $5,500,000 for the period of October 1, 
     2004, through March 31, 2005''.
       (6) Highway use tax evasion projects.--Section 1101(a)(14) 
     of such Act (112 Stat. 113; 118 Stat. 878) is amended by 
     inserting before the period at the end the following: ``and 
     $2,500,000 for the period of October 1, 2004, through March 
     31, 2005''.
       (7) Commonwealth of puerto rico highway program.--
       (A) In general.--Section 1101(a)(15) of such Act (112 Stat. 
     113; 118 Stat. 878) is amended by inserting before the period 
     at the end the following: ``and $55,000,000 for the period of 
     October 1, 2004, through March 31, 2005''.
       (B) Conforming amendment.--Section 1214(r)(1) of such Act 
     (112 Stat. 209; 117 Stat. 1114) is amended by striking 
     ``2004'' and inserting ``2005''.
       (8) Safety grants.--Section 1212(i)(1)(D) of such Act (23 
     U.S.C. 402 note; 112 Stat. 196; 112 Stat. 840; 118 Stat. 879) 
     is amended by inserting before the period at the end the 
     following: ``and $250,000 for the period of October 1, 2004, 
     through March 31, 2005''.
       (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; 118 Stat. 879) is amended by inserting 
     before the period at the end the following: ``and $12,500,000 
     for the period of October 1, 2004, through March 31, 2005''.
       (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 (E);
       (ii) by striking the period at the end of subparagraph (F) 
     and inserting ``; and''; and
       (iii) by adding at the end the following:
       ``(G) $70,000,000 for the period of October 1, 2004, 
     through March 31, 2005.'';
       (B) in subsection (a)(2)--
       (i) by striking ``2003 and'' and inserting ``2003,''; and
       (ii) by inserting after ``2004'' the following: ``and 
     $1,000,000 for the period of October 1, 2004, through March 
     31, 2005''; and
       (C) in subsection (c)--
       (i) by striking ``2004'' and inserting ``2005''; and
       (ii) by striking the period at the end of the table and 
     inserting the following:

  
  ``2005............................................$1,300,000,000.''. 

       (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; 118 Stat. 879) is amended--
       (A) by striking ``2003, and'' and inserting ``2003,''; and

[[Page S9451]]

       (B) by inserting after ``2004'' the following: ``, and 
     $52,500,000 for the period of October 1, 2004, through March 
     31, 2005''.
       (2) Technology deployment program.--Section 5001(a)(2) of 
     such Act (112 Stat. 419; 118 Stat. 879) is amended--
       (A) by striking ``2003, and'' and inserting ``2003,''; and
       (B) by inserting after ``2004'' the following: ``, and 
     $27,500,000 for the period of October 1, 2004, through March 
     31, 2005''.
       (3) Training and education.--Section 5001(a)(3) of such Act 
     (112 Stat. 420; 118 Stat. 879) is amended--
       (A) by striking ``2003, and'' and inserting ``2003,''; and
       (B) by inserting after ``2004'' the following: ``, and 
     $10,500,000 for the period of October 1, 2004, through March 
     31, 2005''.
       (4) Bureau of transportation statistics.--Section 
     5001(a)(4) of such Act (112 Stat. 420; 118 Stat. 879) is 
     amended by inserting before the period at the end the 
     following: ``, and $15,500,000 for the period of October 1, 
     2004, through March 31, 2005''.
       (5) ITS standards, research, operational tests, and 
     development.--Section 5001(a)(5) of such Act (112 Stat. 420; 
     118 Stat. 879) is amended--
       (A) by striking ``2003, and'' and inserting ``2003,''; and
       (B) by inserting after ``2004'' the following: ``, and 
     $57,500,000 for the period of October 1, 2004, through March 
     31, 2005''.
       (6) ITS deployment.--Section 5001(a)(6) of such Act (112 
     Stat. 420; 118 Stat. 879) is amended--
       (A) by striking ``2003, and'' and inserting ``2003,''; and
       (B) by inserting after ``2004'' the following: ``, and 
     $62,000,000 for the period of October 1, 2004, through March 
     31, 2005''.
       (7) University transportation research.--Section 5001(a)(7) 
     of such Act (112 Stat. 420; 118 Stat. 880) is amended--
       (A) by striking ``2003, and'' and inserting ``2003,''; and
       (B) by inserting after ``2004'' the following: ``, and 
     $13,500,000 for the period of October 1, 2004, through March 
     31, 2005''.
       (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, $120,000,000 for the period of October 1, 2004, 
     through March 31, 2005.
       (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(d)(1) of the Transportation 
     Equity Act for the 21st Century (117 Stat. 1116; 118 Stat. 
     880) is amended by inserting after ``2004'' the following: 
     ``and $18,200,000 for the period of October 1, 2004, through 
     March 31, 2005''.
       (e) Alaska Highway.--Section 1101(e)(1) of such Act (117 
     Stat. 1116; 118 Stat. 880) is amended by inserting after 
     ``2004'' the following: ``and $9,400,000 for the period of 
     October 1, 2004, through March 31, 2005''.
       (f) Operation Lifesaver.--Section 1101(f)(1) of such Act 
     (117 Stat. 1117; 118 Stat. 880) is amended by inserting after 
     ``2004'' the following: ``and $250,000 for the period of 
     October 1, 2004, through March 31, 2005''.
       (g) Bridge Discretionary.--Section 1101(g)(1) of such Act 
     (117 Stat. 1117; 118 Stat. 880) is amended by inserting after 
     ``2004'' the following: ``and $50,000,000 for the period of 
     October 1, 2004, through March 31, 2005''.
       (h) Interstate Maintenance.--Section 1101(h)(1) of such Act 
     (117 Stat. 1117; 118 Stat. 880) is amended by inserting after 
     ``2004'' the following: ``and $50,000,000 for the period of 
     October 1, 2004, through March 31, 2005''.
       (i) Recreational Trails Administrative Costs.--Section 
     1101(i)(1) of such Act (117 Stat. 1117; 118 Stat. 880) is 
     amended by inserting after ``2004'' the following: ``and 
     $375,000 for the period of October 1, 2004, through March 31, 
     2005''.
       (j) Railway-Highway Crossing Hazard Elimination in High 
     Speed Rail Corridors.--Section 1101(j)(1) of such Act (117 
     Stat. 1118; 118 Stat. 880) is amended--
       (1) by inserting before ``; except'' the following: ``and 
     $2,625,000 for the period of October 1, 2004, through March 
     31, 2005''; and
       (2) by inserting before ``for eligible'' the following: 
     ``and not less than $125,000 instead of $250,000 shall be 
     available for the period of October 1, 2004, through March 
     31, 2005''.
       (k) Nondiscrimination.--Section 1101(k) of such Act (117 
     Stat. 1118; 118 Stat. 880) is amended--
       (1) in paragraph (1) by inserting after ``2004'' the 
     following: ``and $5,000,000 for the period of October 1, 
     2004, through March 31, 2005''; and
       (2) in paragraph (2) by inserting after ``2004'' the 
     following: ``and $5,000,000 for the period of October 1, 
     2004, through March 31, 2005''.
       (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.
       (m) Reduction of Allocated Programs.--The Secretary shall 
     reduce the amount that would be made available, but for this 
     section, for fiscal year 2005 for allocation under a program, 
     that is continued both by a multiyear 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 2005 for a program category for which 
     funds are not authorized for fiscal year 2005 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. 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 ``2004.'' 
     and inserting ``2004, and $82,500,000 for the period October 
     1, 2004, through March 31, 2005.''.
       (b) Highway Safety Research and Development.--Section 
     2009(a)(2) of such Act (112 Stat. 337; 117 Stat. 1119) is 
     amended by striking ``2004'' and inserting ``2004, and 
     $36,000,000 for the period October 1, 2004, through March 31, 
     2005''.
       (c) Occupant Protection Incentive Grants.--Section 
     2009(a)(3) of such Act (112 Stat. 337; 117 Stat. 1120) is 
     amended by inserting ``and $10,000,000 for the period October 
     1, 2004, through March 31, 2005'' after ``fiscal year 2004''.
       (d) Alcohol-Impaired Driving Countermeasures Incentive 
     Grants.--Section 2009(a)(4) of such Act (112 Stat. 337; 117 
     Stat. 1120) is amended by ``and $20,000,000 for the period 
     October 1, 2004, through March 31, 2005'' after ``fiscal year 
     2004''.
       (e) National Driver Register.--Section 2009(a)(6) of such 
     Act (112 Stat. 338; 117 Stat. 1120) is amended by inserting 
     ``and $2,000,000 for the period October 1, 2004, through 
     March 31, 2005'' after ``fiscal year 2004''.

     SEC. 7. 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 inserting ``and $130,000,000 for the period 
     October 1, 2004, through March 31, 2005'' after ``fiscal year 
     2004''.
       (b) Motor Carrier Safety Assistance Program.--Section 
     31104(a) of title 49, United States Code, is amended by 
     adding at the end the following:
       ``(8) Not more than $84,500,000 for for the period October 
     1, 2004, through March 31, 2005.''.
       (c) Information Systems and Commercial Driver's License 
     Grants.--
       (1) Authorization of appropriation.--Section 31107(a) of 
     such title is amended by adding at the end the following:
       ``(6) $9,500,000 for the period October 1, 2004, through 
     March 31, 2005.''.
       (2) Emergency cdl grants.--Section 7(c) of the Surface 
     Transportation Extension Act of 2003 (117 Stat. 1121) is 
     amended by inserting ``and up to $500,000 for the period 
     October 1, 2004, through March 31, 2005,'' after 
     ``$1,000,000''.
       (d) Crash Causation Study.--Section 7(d) of such Act is 
     amended by inserting ``and up to $500,000 for the period 
     October 1, 2004, through March 31, 2005,'' after ``fiscal 
     year 2004.''.

     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), in the matter preceding subparagraph 
     (A), by adding at the end the following: ``and for the period 
     of October 1, 2004 through March 31, 2005,'';
       (2) in paragraph (2)(B), by inserting at the end the 
     following:
       ``(iii) October 1, 2004 through march 31, 2005.--Of the 
     amounts made available under paragraph (1)(B), $5,200,000 
     shall be available for the period of October 1, 2004, through 
     March 31, 2005, for capital projects described in clause 
     (i).'';
       (3) in paragraph (3)(B), by striking ``2004'' and inserting 
     ``2004 (and $1,500,000 shall be available for the period 
     October 1, 2004, through March 31, 2005)''; and
       (4) in paragraph (3)(C), by inserting after ``2004'' the 
     following: ``(and $25,000,000 shall be available for the 
     period October 1, 2004, through March 31, 2005)''.
       (b) Apportionment of Appropriations for Fixed Guideway 
     Modernization.--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 2005 funding made available 
     by subparagraphs (A)(vii) and (B)(vii) of section 5338(b)(2) 
     of such title.
       (c) Formula Grants Authorizations.--Section 5338(a)(2) of 
     title 49, United States Code, is amended--
       (1) in the paragraph heading, by inserting ``and for the 
     period of october 1, 2004 through march 31, 2005'' after 
     ``2004'';
       (2) in subparagraph (A)--
       (A) in clause (v), by striking ``and'' at the end;

[[Page S9452]]

       (B) in clause (vi), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(vii) $1,747,128,500 for the period of October 1, 2004, 
     through March 31, 2005.'';
       (1) in subparagraph (B)--
       (A) in clause (v), by striking ``and'' at the end;
       (B) in clause (vi), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(vii) $256,459,000 for the period of October 1, 2004, 
     through March 31, 2005.''; and
       (1) in subparagraph (C), by striking ``2003'' and inserting 
     ``2004 (other than for the period of October 1, 2004 through 
     March 31, 2005)''.
       (d) Allocation of Formula Grant Funds for the Period of 
     October 1, 2004 Through March 31, 2005.--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, 2004 through March 31, 2005--
       ``(1) $2,424,975 shall be available to the Alaska Railroad 
     for improvements to its passenger operations under section 
     5307 of such title;
       ``(2) $25,000,000 shall be available to carry out section 
     5308 of such title;
       ``(3) $47,344,500 shall be available to provide 
     transportation services to elderly individuals and 
     individuals with disabilities under section 5310 of such 
     title;
       ``(4) $125,660,195 shall be available to provide financial 
     assistance for other than urbanized areas under section 5311 
     of such title; and
       ``(5) $1,799,682,829 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 paragraph heading by adding after ``2004'' the 
     following: ``and for the period of october 1, 2004 through 
     march 31, 2005'';
       (2) in subparagraph (A)--
       (A) in clause (v), by striking ``and'' at the end;
       (B) in clause (vi), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(vii) $1,488,427,500 for the period of October 1, 2004, 
     through March 31, 2005.''; and
       (2) in subparagraph (B)--
       (A) in clause (v), by striking ``and'' at the end;
       (B) in clause (vi), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(vii) $218,485,000 for the period of October 1, 2004, 
     through March 31, 2005.''.
       (f) Planning Authorizations and Allocations.--Section 
     5338(c)(2) of title 49, United States Code, is amended--
       (1) in the paragraph heading by inserting after ``2004'' 
     the following: ``and for the period of october 1, 2004 
     through march 31, 2005'';
       (2) in subparagraph (A)--
       (A) in clause (v), by striking ``and'' at the end;
       (B) in clause (vi), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(vii) $31,828,000 for the period of October 1, 2004, 
     through March 31, 2005.'';
       (1) in subparagraph (B)--
       (A) in clause (v), by striking ``and'' at the end;
       (B) in clause (vi), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(vii) $4,672,000 for the period of October 1, 2004, 
     through March 31, 2005.''; and
       (1) in subparagraph (C), by inserting ``or any portion of a 
     fiscal year'' after ``fiscal year''.
       (g) Research.--Section 5338(d)(2) of such title is 
     amended--
       (1) in the paragraph heading by inserting after ``2004'' 
     the following: ``and for the period of october 1, 2004 
     through march 31, 2005'';
       (2) in subparagraph (A)--
       (A) in clause (v), by striking ``and'' at the end;
       (B) in clause (vi), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(vii) $23,980,000 for the period of October 1, 2004, 
     through March 31, 2005.'';
       (1) in subparagraph (B)--
       (A) in clause (v), by striking ``and'' at the end;
       (B) in clause (vi), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(vii) $3,520,000 for the period of October 1, 2004, 
     through March 31, 2005.''; and
       (1) in subparagraph (C), by inserting ``other than for the 
     period from October 1, 2004 through March 31, 2005'' after 
     ``fiscal year''.
       (h) Allocation of Research Funds for the Period from 
     October 1, 2004 Through March 31, 2005.--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, 
     2004 through March 31, 2005--
       (1) not less than $2,625,000 shall be available for 
     providing rural transportation assistance under section 
     5311(b)(2) of such title;
       (2) not less than $4,125,000 shall be available for 
     carrying out transit cooperative research programs under 
     section 5313(a) of such title;
       (3) not less than $2,000,000 shall be available to carry 
     out programs under the National Transit Institute under 
     section 5315 of such title, including not more than $500,000 
     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)(2) of title 49, United States Code, is 
     amended--
       (1) in the paragraph heading by adding after ``2004'' the 
     following: ``and for the period of october 1, 2004 through 
     march 31, 2005'';
       (2) in subparagraph (A), by inserting ``and $2,616,000 for 
     the period from October 1, 2004 through March 31, 2005'' 
     after ``2004'';
       (3) in subparagraph (B), by inserting ``and $384,000 for 
     the period from October 1, 2004 through March 31, 2005'' 
     after ``2004''; and
       (4) in subparagraph (C)--
       (A) in clause (i), by inserting ``(other than for the 
     period of October 1, 2004 through March 31, 2005)'' after 
     ``fiscal year''; and
       (B) in clause (iii), by inserting ``(other than for the 
     period of October 1, 2004 through March 31, 2005)'' after 
     ``fiscal year''.
       (j) 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, 2004 through March 31, 2005--
       (A) $1,000,000 shall be available for the center identified 
     in section 5505(j)(4)(A) of such title; and
       (B) $1,000,000 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 such period 
     that remain after distribution under paragraph (1) shall be 
     available for the purposes identified in section 3015(d) of 
     the Federal Transit Act of 1998 (112 Stat. 857).
       (3) Conforming Amendment.--Section 3015(d)(2) of the 
     Federal Transit Act of 1998 (112 Stat. 857) is amended by 
     inserting ``or in the period October 1, 2004 through March 
     31, 2005'' after ``2004''.
       (k) Administration Authorizations.--Section 5338(f)(2) of 
     title 49, United States Code, is amended--
       (1) in the paragraph heading by inserting after ``2004'' 
     the following: ``and for the period of october 1, 2004 
     through march 31, 2005'';
       (2) in subparagraph (A)--
       (A) in clause (v), by striking ``and'' at the end;
       (B) in clause (vi), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(vii) $34,008,000 for the period of October 1, 2004, 
     through March 31, 2005.'';
       (2) in subparagraph (B)--
       (A) in clause (v), by striking ``and'' at the end;
       (B) in clause (vi), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(vii) $4,992,000 for the period of October 1, 2004, 
     through March 31, 2005.''.
       (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)--
       (A) in clause (v), by striking ``and'' at the end;
       (B) in clause (vi), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(vii) $54,500,000 for the period of October 1, 2004 
     through March 31, 2005.'';
       (2) in paragraph (1)(B)--
       (A) in clause (v), by striking ``and'' at the end;
       (B) in clause (vi), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(vii) $8,000,000 for the period of October 1, 2004 
     through March 31, 2005.''; and
       (3) in paragraph (2), by inserting before the period at the 
     end the following: ``, except that in the period of October 
     1, 2004 through March 31, 2005, not more than $5,000,000 
     shall be used for such projects''.
       (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), by adding at the end the following:
       ``(G) $2,625,000 for the period of October 1, 2004 through 
     March 31, 2005.''; and
       (2) in paragraph (2), by inserting ``(and $850,000 shall be 
     available for the period of October 1, 2004, through March 
     31, 2005)'' after ``2004''.
       (n) Urbanized Area Formula Grants.--Section 5307(b)(2) of 
     title 49, United States Code, is amended--
       (1) in the heading, by inserting ``and for the period of 
     October 1, 2004, through March 31, 2005'' after ``2004''; and
       (2) in subparagraph (A), by inserting ``and for the period 
     of October 1, 2004, through March 31, 2005'' after ``2004''.
       (o) Obligation Ceiling.--Section 3040 of the Federal 
     Transit Act of 1998 (112 Stat. 394; 118 Stat. 708) is 
     amended--
       (1) in paragraph (5), by striking ``and'' at the end;
       (2) in paragraph (6), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(7) $3,879,000,000 for the period of October 1, 2004, 
     through March 31, 2005.''.
       (p) Fuel Cell Bus and Bus Facilities Program.--Section 
     3015(b) of the Federal

[[Page S9453]]

     Transit Act of 1998 (112 Stat. 361; 118 Stat. 885) is amended 
     by inserting ``(or, in the case of the period of October 1, 
     2004, through March 31, 2005, $2,425,000) after 
     ``$4,850,000''.
       (q) Advanced Technology Pilot Project.--Section 3015(c)(2) 
     of the Federal Transit Act of 1998 (49 U.S.C. 322 note; 118 
     Stat. 885) is amended--
       (1) by inserting ``, and $2,500,000 for the period of 
     October 1, 2004, through March 31, 2005,'' after ``per fiscal 
     year''.
       (r) Projects for New Fixed Guideway Systems and Extensions 
     to Existing Systems.--Section 3030 of the Federal Transit Act 
     of 1998 (112 Stat. 373; 118 Stat. 885) is amended by 
     inserting ``and for the period of October 1, 2004, through 
     March 31, 2005,'' after ``2004'' each place it appears.
       (s) New Jersey Urban Core Project.--Section 3031(a)(3) of 
     the Intermodal Surface Transportation Efficiency Act of 1991 
     (105 Stat. 2122; 118 Stat. 885) is amended by inserting ``and 
     for the period of October 1, 2004, through March 31, 2005, 
     after ``2004'' each place it appears.
       (t) Treatment of Funds.--Section 8(t) of the Surface 
     Transportation Extension Act of 2003 is amended--
       (1) in paragraph (1), by striking ``and by section 7 of the 
     Surface Transportation Extension Act of 2004, Part IV'' and 
     inserting ``by section 7 of the Surface Transportation 
     Extension Act of 2004, Part IV, and by section 8 of the 
     Surface Transportation Extension Act of 2004, Part VI''; and
       (2) in paragraph (2), by inserting ``for fiscal year 2004'' 
     after ``section''.
       (u) Local Share.--Section 3011(a) of the Federal Transit 
     Act of 1998 (49 U.S.C. 5307 note; 118 Stat. 886) is amended 
     by inserting ``and for the period of October 1, 2004, through 
     March 31, 2005'' after ``2004,''.

     SEC. 9. EXTENSION OF AUTHORIZATION FOR USE OF TRUST FUNDS FOR 
                   OBLIGATIONS UNDER TEA-21.

       (a) Highway Trust Fund.--
       (1) In general.--Paragraph (1) of section 9503(c) of the 
     Internal Revenue Code of 1986 is amended--
       (A) in the matter before subparagraph (A), by striking 
     ``October 1, 2004'' and inserting ``April 1, 2005'',
       (B) by striking ``or'' at the end of subparagraph (J),
       (C) by striking the period at the end of subparagraph (K) 
     and inserting ``, or'',
       (D) by inserting after subparagraph (K) the following new 
     subparagraph:
       ``(L) authorized to be paid out of the Highway Trust Fund 
     under the Surface Transportation Extension Act of 2004, Part 
     VI.'', and
       (E) in the matter after subparagraph (L), as added by this 
     paragraph, by striking ``Surface Transportation Extension Act 
     of 2004, Part V'' and inserting ``Surface Transportation 
     Extension Act of 2004, Part VI''.
       (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, 2004'' and inserting ``April 1, 2005'',
       (B) in subparagraph (H), by striking ``or'' at the end of 
     such subparagraph,
       (C) in subparagraph (I), by inserting ``or'' at the end of 
     such subparagraph,
       (D) by inserting after subparagraph (I) the following new 
     subparagraph:
       ``(J) the Surface Transportation Extension Act of 2004, 
     Part VI,'', and
       (E) in the matter after subparagraph (J), as added by this 
     paragraph, by striking ``Surface Transportation Extension Act 
     of 2004, Part V'' and inserting ``Surface Transportation 
     Extension Act of 2004, Part VI''.
       (b) Aquatic Resources Trust Fund.--
       (1) Sport fish restoration account.--Paragraph (2) of 
     section 9504(b) of the Internal Revenue Code of 1986 is 
     amended by striking ``Surface Transportation Extension Act of 
     2004, Part V'' each place it appears and inserting ``Surface 
     Transportation Extension Act of 2004, Part VI''.
       (2) Boat safety account.--Subsection (c) of section 9504 of 
     such Code is amended--
       (A) by striking ``October 1, 2004'' and inserting ``April 
     1, 2005'', and
       (B) by striking ``Surface Transportation Extension Act of 
     2004, Part V'' and inserting ``Surface Transportation 
     Extension Act of 2004, Part VI''.
       (3) Exception to limitation on transfers.--Paragraph (2) of 
     section 9504(d) of such Code is amended by striking ``October 
     1, 2004'' and inserting ``April 1, 2005''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act.
       (d) Temporary Rule Regarding Adjustments.--During the 
     period beginning on the date of the enactment of the Surface 
     Transportation Extension Act of 2003 and ending on March 31, 
     2005, 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.

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