[109th Congress Public Law 42]
[From the U.S. Government Printing Office]
[DOCID: f:publ042.109]
[[Page 119 STAT. 435]]
Public Law 109-42
109th Congress
An Act
To provide an extension of administrative expenses for highway, highway
safety, motor carrier safety, transit, and other programs funded out of
the Highway Trust Fund pending enactment of a law reauthorizing the
Transportation Equity Act for the 21st Century. <<NOTE: July 30,
2005 - [H.R. 3512]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Surface Transportation
Extension Act of 2005, Part VI.>> assembled,
SECTION 1. <<NOTE: 23 USC 101 note.>> SHORT TITLE.
This Act may be cited as the ``Surface Transportation Extension Act
of 2005, Part VI''.
SEC. 2. ADMINISTRATIVE EXPENSES FOR FEDERAL-AID HIGHWAY PROGRAM.
(a) Authorization of Contract Authority.--Section 4(a) of the
Surface Transportation Extension Act of 2004, Part V (118 Stat. 1147,
119 Stat. 325) <<NOTE: Ante, p. 411.>> is amended by striking
``$292,179,920'' and inserting ``$309,260,880''.
(b) Limitation on Obligations.--Of the obligation limitation made
available for Federal-aid highways and highway safety construction
programs for fiscal year 2005 by division H of Public Law 108-447 (118
Stat. 3204) not more than $17,080,960 shall be available, in addition to
any obligation limitation previously provided, for administrative
expenses of the Federal Highway Administration for the period of July
30, 2005, through August 14, 2005.
(b) Conforming Amendment.--Section 2(e)(3) of such Act (118 Stat.
1146, 119 Stat. 325) <<NOTE: Ante, p. 412.>> is amended by striking
``July 30'' and inserting ``August 14''.
SEC. 3. ADMINISTRATIVE EXPENSES FOR NATIONAL HIGHWAY TRAFFIC SAFETY
ADMINISTRATION.
(a) In General.--There shall be available from the Highway Trust
Fund (other than the Mass Transit Account) for the Secretary of
Transportation to pay the administrative expenses of the National
Highway Traffic Administration in carrying out the highway safety
programs authorized by sections 157 and 163 of chapter 1 of title 23,
United States Code, and sections 402, 403, 405, and 410 of chapter 4 of
such title, the National Driver Register under chapter 303 of title 49,
United States Code, the motor vehicle safety program under chapter 301
of such title 49, and the motor vehicle information and cost savings
program under part C of subtitle VI of such title 49 $4,125,000 for the
period of July 30, 2005, through August 14, 2005.
[[Page 119 STAT. 436]]
(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; except that
such funds shall remain available until expended.
SEC. 4. ADMINISTRATIVE EXPENSES FOR MOTOR CARRIER SAFETY ADMINISTRATION
PROGRAM.
Section 7(a)(1) of the Surface Transportation Extension Act of 2004,
Part V (118 Stat. 1153; 119 Stat. 330) <<NOTE: Ante, p. 416.>> is
amended--
(1) by striking ``$213,799,290'' and inserting
``$224,383,414''; and
(2) by striking ``July 30'' and inserting ``August 14''.
SEC. 5. ADMINISTRATIVE EXPENSES FOR FEDERAL TRANSIT PROGRAMS.
(a) Authorization of Appropriations.--Section 5338(f)(2) of title
49, United States Code, is amended--
(1) in the heading by striking ``july 30'' and inserting
``august 14'';
(2) in subparagraph (A)(vii)--
(A) by striking ``$54,350,686'' and inserting
``$57,650,686''; and
(B) by striking ``July 30'' and inserting ``August
14''; and
(3) in subparagraph (B)(vii) by striking ``July 30'' and
inserting ``August 14''.
(b) Obligation Ceiling.--Section 3040(7) of the Transportation
Equity Act for the 21st Century (112 Stat. 394; 118 Stat. 885; 118 Stat.
1158; 119 Stat. 333) <<NOTE: Ante, p. 420.>> is amended--
(1) by striking ``$6,398,695,996'' and inserting
``$6,401,995,996''; and
(2) by striking ``July 30'' and inserting ``August 14''.
SEC. 6. BUREAU OF TRANSPORTATION STATISTICS.
(a) In General.--Section 5001(a)(4) of the Transportation Equity Act
for the 21st Century (112 Stat. 420; 118 Stat. 1150; 119 Stat. 327; 119
Stat. 346; 119 Stat. 379; 119 Stat. 394) <<NOTE: Ante, p. 413.>> is
amended by striking ``$25,730,000 for the period of October 1, 2004,
through July 30, 2005'' and inserting ``$27,000,000 for the period of
October 1, 2004, through August 14, 2005''.
(b) Limitation on Obligations.--Of the obligation limitation made
available for Federal-aid highways and highway safety construction
programs for fiscal year 2005 by division H of Public Law 108-447 (118
Stat. 3204) not more than $1,270,000 shall be available, in addition to
any obligation limitation previously provided, for administrative
expenses of the Bureau of Transportation Statistics for the period of
July 30, 2005, through August 14, 2005.
SEC. 7. EXTENSION OF AUTHORIZATION FOR USE OF TRUST FUNDS FOR
OBLIGATIONS UNDER TEA-21.
(a) Highway Trust Fund.--
(1) In general.--Paragraph (1) of section 9503(c) of the
Internal Revenue Code of 1986 <<NOTE: 26 USC 9503.>> is
amended--
(A) in the matter before subparagraph (A), by
striking ``July 31, 2005'' and inserting ``August 15,
2005'',
(B) by striking ``or'' at the end of subparagraph
(O),
[[Page 119 STAT. 437]]
(C) by striking the period at the end of
subparagraph (P) and inserting ``, or'',
(D) by inserting after subparagraph (P) the
following new subparagraph:
``(Q) authorized to be paid out of the Highway Trust
Fund under the Surface Transportation Extension Act of
2005, Part VI.'', and
(E) in the matter after subparagraph (Q), as added
by this paragraph, by striking ``Surface Transportation
Extension Act of 2005, Part V'' and inserting ``Surface
Transportation Extension Act of 2005, 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 ``July 31, 2005'' and inserting ``August 15,
2005'',
(B) in subparagraph (M), by striking ``or'' at the
end of such subparagraph,
(C) in subparagraph (N), by inserting ``or'' at the
end of such subparagraph,
(D) by inserting after subparagraph (N) the
following new subparagraph:
``(O) the Surface Transportation Extension Act of
2005, Part VI,'', and
(E) in the matter after subparagraph (O), as added
by this paragraph, by striking ``Surface Transportation
Extension Act of 2005, Part V'' and inserting ``Surface
Transportation Extension Act of 2005, Part VI''.
(3) Exception to limitation on transfers.--Subparagraph (B)
of section 9503(b)(6) of such Code is amended by adding at the
end the following: ``The preceding sentence shall be applied by
substituting `August 15, 2005' for the date therein.''.
(b) Aquatic Resources Trust Fund.--
(1) Sport fish restoration account.--Paragraph (2) of
section 9504(b) of the Internal Revenue Code of 1986 <<NOTE: 26
USC 9504.>> is amended by adding at the end the following:
``Subparagraphs (A), (B), and (C) shall each be applied by
substituting `Surface Transportation Extension Act of 2005, Part
VI' for `Surface Transportation Extension Act of 2005, Part
V'.''.
(2) Boat safety account.--Subsection (c) of section 9504 of
such Code is amended--
(A) by striking ``July 31, 2005'' and inserting
``August 15, 2005'', and
(B) by striking ``Surface Transportation Extension
Act of 2005, Part V'' and inserting ``Surface
Transportation Extension Act of 2005, Part VI''.
(3) Exception to limitation on transfers.--Paragraph (2) of
section 9504(d) of such Code is amended by adding at the end the
following new <<NOTE: Applicability.>> sentence: ``The preceding
sentence shall be applied by substituting `August 15, 2005' for
the date therein.''.
(c) 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 August 14, 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--
[[Page 119 STAT. 438]]
(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.
(d) Subsequent Repeal of Certain Temporary Provisions.--Each of the
following provisions of the Internal Revenue Code of 1986 are amended by
striking the last sentence thereof:
(1) <<NOTE: 26 USC 9503.>> Section 9503(b)(6)(B).
(2) <<NOTE: 26 USC 9504.>> Section 9504(b)(2).
(3) Section 9504(d)(2).
(e) Effective <<NOTE: 26 USC 9503 note.>> Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall take effect on the date of
the enactment of this Act.
(2) Subsequent repeal.--The amendments made by subsection
(d) shall take effect on the date of the enactment of the Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users and shall be executed immediately before the
amendments made by such Act.
Approved July 30, 2005.
LEGISLATIVE HISTORY--H.R. 3512:
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CONGRESSIONAL RECORD, Vol. 151 (2005):
July 29, considered and passed House and Senate.
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