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

118 STAT. 1144

Public Law 108-310
108th Congress

An Act


 
To provide an extension of highway, highway safety, motor carrier
safety, transit, and other programs funded out of the Highway Trust Fund
pending enactment of a law reauthorizing the Transportation Equity Act
for the 21st Century. NOTE: Sept. 30, 2004 -  [H.R. 5183]

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, NOTE: Surface
Transportation Extension Act of 2004, Part V. 23 USC 101 note.

SECTION 1. SHORT TITLE.

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

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

(a) In General.--
(1) Apportionment ratio.--Except as provided in paragraph
(2), the Secretary of Transportation shall apportion funds made
available under section 1101(l) of the Transportation Equity Act
for the 21st Century (112 Stat. 111; 118 Stat. 876), as amended
by this section, to each State in the ratio that--
(A) the State's total fiscal year 2004 obligation
authority for funds apportioned for the Federal-aid
highway program; bears to
(B) all States' total fiscal year 2004 obligation
authority for funds apportioned for the Federal-aid
highway program.
(2) Exception.--The ratios determined under this subsection
shall be subject to the same adjustments as the adjustments made
under section 105(f) of title 23, United States Code.

(b) Programmatic Distributions.--
(1) Programs.--Of the funds to be apportioned to each State
under subsection (a), the Secretary shall ensure that the State
is apportioned an amount of the funds, determined under
paragraph (2), for the Interstate maintenance program, the
National Highway System program, the bridge program, the surface
transportation program, the congestion mitigation and air
quality improvement program, the recreational trails program,
the Appalachian development highway system program, and the
minimum guarantee.
(2) In general.--The amount that each State shall be
apportioned under this subsection for each item referred to in
paragraph (1) shall be determined by multiplying--
(A) the amount apportioned to the State under
subsection (a); by
(B) the ratio that--

[[Page 1145]]
118 STAT. 1145

(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 the
amendment made under subsection (d) shall be administered as if
the funds had been apportioned, allocated, deducted, or set
aside, as the case may be, under title 23, United States 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 $1,866,666,667
and the aggregate of amounts apportioned to the States under
this section for the minimum guarantee shall be treated, for
purposes of such section 105(c), as amounts made available under
section 105 of such title.
(5) Extension of off-system bridge setaside.--Section
144(g)(3) of title 23, United States Code, is amended by
inserting after ``2004'' the following: ``and in the period of
October 1, 2004, through May 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. 111-115; 117
Stat. 1118; 118 Stat. 876) 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 V $22,685,936,000 for the period of October 1, 2004,
through May 31, 2005.
``(2) Special rule.--Funds apportioned under section 2(a) of
the Surface Transportation Extension Act of 2004, Part V 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.''.

[[Page 1146]]
118 STAT. 1146

(e) Limitation on Obligations.--
(1) In general.--Subject to paragraph (2), upon enactment of
an Act making appropriations for the Department of
Transportation for fiscal year 2005 (other than an Act or
resolution making continuing appropriations), the Secretary
shall distribute \8/12\ of the obligation limitation for
Federal-aid highways and highway safety construction programs
provided by such Act according to the provisions of such Act.
(2) Exceptions.---
(A) Determination of amounts.--Any instruction in
such Act that would require the distribution or
reservation of obligation limitation prior to
distributing the remainder of the obligation limitation
to the States shall be executed as if the program,
project, or activity for which obligation limitation is
so distributed or reserved was authorized at an amount
equivalent to the greater of--
(i) the amount authorized for such program,
project, or activity in this Act; or
(ii) \8/12\ of the amount provided for or
limitation set on such program, project, or
activity in the Act making appropriations for the
Department of Transportation for fiscal year 2005.
(B) Minimum guarantee.--Obligations for the period
October 1, 2004, through May 31, 2005, shall not exceed
the obligation limitation distributed by this
subsection, except that this limitation shall not apply
to $426,000,000 in obligations for minimum guarantee for
such period.
(3) Time period for obligations.--After May 31, 2005, no
funds shall be obligated for any Federal-aid highway program
project until the date of enactment of a multiyear law
reauthorizing the Federal-aid highway program enacted after the
date of enactment of this Act.
(4) Treatment of obligations.--Any obligation of obligation
authority distributed under this subsection shall be considered
to be an obligation for Federal-aid highways and highway safety
construction programs for fiscal year 2005 for the purposes of
any obligation limitation set 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 section 144 of title
23, United States Code, before, on, or after the date of enactment of
this Act, that are subject to any limitation on obligations, and that
are not obligated, to any other of those programs.
(b) Treatment of Transferred Funds.--Any funds transferred to
another program under subsection (a) shall be subject to the provisions
of the program to which the funds are transferred, except that funds
transferred to a program under section 133 (other than subsections
(d)(1) and (d)(2)) of title 23, United States Code, shall not be subject
to section 133(d) of that title.
(c) Restoration of Apportionments.--

[[Page 1147]]
118 STAT. 1147

(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 of Transportation 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.
(e) Prohibition of Transfers.--Notwithstanding any other provision
of this section, no funds may be transferred by a State under subsection
(a)--
(1) from amounts apportioned to the State for the congestion
mitigation and air quality improvement program; and
(2) from amounts apportioned to the State for the surface
transportation program and that are subject to any of paragraphs
(1), (2), and (3)(A)(i) of section 133(d) of title 23, United
States Code.

SEC. 4. ADMINISTRATIVE EXPENSES.

(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 $234,682,667
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 $183,333,333 for the period
of October 1, 2004, through May 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
$8,666,667 instead of $13,000,000.''.

[[Page 1148]]
118 STAT. 1148

(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 $164,000,000 for the period of October 1, 2004,
through May 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 $110,000,000 for the period of October 1, 2004,
through May 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
$13,333,333 for the period of October 1, 2004, through
May 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
$93,333,333 for the period of October 1, 2004, through May 31,
2005''.
(3) Construction of ferry boats and ferry terminal
facilities.--
(A) In general.--Section 1101(a)(10) of such Act
(112 Stat. 113; 118 Stat. 878) is amended by inserting
before the period at the end the following: ``and
$25,333,333 for the period of October 1, 2004, through
May 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; 112 Stat. 185; 118 Stat. 878),
of funds made available by the amendment made by
subparagraph (A)--
(i) $6,666,667 shall be available for section
1064(d)(2);
(ii) $3,333,333 shall be available for section
1064(d)(3); and
(iii) $3,333,333 shall be available for
section 1064(d)(4).
(4) National scenic byways program.--Section 1101(a)(11) of
the Transportation Equity Act for the 21st Century (112 Stat.
113; 118 Stat. 878) is amended--
(A) by striking ``and'' the last place it appears;
and
(B) by inserting before the period at the end the
following: ``, and $17,666,667 for the period of October
1, 2004, through May 31, 2005''.
(5) Value pricing pilot program.--Section 1101(a)(12) of
such Act (112 Stat. 113; 118 Stat. 878) is amended by inserting
before the period at the end the following: ``, and $7,333,333
for the period of October 1, 2004, through May 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
$3,333,333 for the period of October 1, 2004, through May 31,
2005''.
(7) Commonwealth of puerto rico highway program.--

[[Page 1149]]
118 STAT. 1149

(A) In general.--Section 1101(a)(15) of such Act
(112 Stat. 113; 118 Stat. 879) is amended by inserting
before the period at the end the following: ``and
$73,333,333 for the period of October 1, 2004, through
May 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 $333,333 for the period of October 1, 2004, through May
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 $16,666,667
for the period of October 1, 2004, through May 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) $86,666,667 for the period of October 1, 2004,
through May 31, 2005.'';
(B) in subsection (a)(2) by inserting after ``2004''
the following: ``and $1,333,333 for the period of
October 1, 2004, through May 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..............................................$1,733,333,333.''.

(11) National scenic byways clearinghouse.--Section
1215(b)(3) of the Transportation Equity Act of the 21st Century
(112 Stat. 210) is amended by inserting before the period at the
end ``and $1,000,000 for the period of October 1, 2004, through
May 31, 2005''.

(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
(B) by inserting after ``2004'' the following: ``,
and $68,666,667 for the period of October 1, 2004,
through May 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

[[Page 1150]]
118 STAT. 1150

(B) by inserting after ``2004'' the following: ``,
and $33,333,333 for the period of October 1, 2004,
through May 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 $13,333,333 for the period of October 1, 2004,
through May 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
$20,666,667 for the period of October 1, 2004, through May 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 $73,333,333 for the period of October 1, 2004,
through May 31, 2005''.
(6) ITS deployment.--Section 5001(a)(6) 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 $81,333,333 for the period of October 1, 2004,
through May 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 $17,666,667 for the period of October 1, 2004,
through May 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, $145,000,000 for the period of October 1, 2004,
through May 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 (112 Stat. 111-115; 117 Stat. 1116; 118 Stat.
880) is amended by inserting after ``2004'' the following: ``and
$24,266,667 for the period of October 1, 2004, through May 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

[[Page 1151]]
118 STAT. 1151

following: ``and $12,533,333 for the period of October 1, 2004, through
May 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 $333,333 for the period of October 1, 2004, through May
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 $66,666,667 for the period of October 1, 2004, through
May 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 $66,666,667 for the period of October 1, 2004, through
May 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 $500,000 for the period of October 1,
2004, through May 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.
881) is amended--
(1) by inserting before ``; except'' the following: ``and
$3,500,000 for the period of October 1, 2004, through May 31,
2005''; and
(2) by inserting before ``for eligible'' the following:
``and not less than $166,667 instead of $250,000 shall be
available for the period of October 1, 2004, through May 31,
2005,''.

(k) Nondiscrimination.--Section 1101(k) of such Act (117 Stat. 1118;
118 Stat. 881) is amended--
(1) in paragraph (1) by inserting after ``2004'' the
following: ``and $6,666,667 for the period of October 1, 2004,
through May 31, 2005''; and
(2) in paragraph (2) by inserting after ``2004'' the
following: ``and $6,666,667 for the period of October 1, 2004,
through May 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 of
Transportation 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.

[[Page 1152]]
118 STAT. 1152

SEC. 6. EXTENSION OF HIGHWAY SAFETY PROGRAMS.

(a) Chapter 1 Highway Safety Programs.--
(1) Seat belt safety incentive grants.--Section 157 of title
23, United States Code, is amended--
(A) in subsection (a)(3) by striking ``2002'' and
inserting ``2003'';
(B) in subsection (a)(8)(B) by striking ``2002'' and
inserting ``2003'';
(C) in subsection (b) by striking ``2003'' and
inserting ``2005'';
(D) in subsection (c)(1) by striking ``2003'' and
inserting ``2004'';
(E) in subsection (c)(2) by striking ``2003'' and
inserting ``2004'';
(F) in subsection (f)(4) by striking ``2003'' and
inserting ``2004'';
(G) in subsection (g)(1)--
(i) by striking ``and''; and
(ii) by inserting before the period at the end
the following: ``, and $74,666,667 for the period
of October 1, 2004, through May 31, 2005'';
(H) in the heading to subsection (g)(3)(B) by
striking ``2004'' and inserting ``2005''; and
(I) in subsection (g)(3)(B) by striking ``2004'' and
inserting ``2005''.
(2) Prevention of intoxicated driver incentive grants.--
Section 163(e)(1) of such title NOTE: 23 USC 163. is
amended--
(A) by striking ``and''; and
(B) by inserting before the period at the end the
following: ``, and $73,333,333 for the period of October
1, 2004, through May 31, 2005''.

(b) Chapter 4 Highway Safety Programs.--Section 2009(a)(1) of the
Transportation Equity Act for the 21st Century (112 Stat. 337; 118 Stat.
886) is amended--
(1) by striking ``and''; and
(2) by inserting before the period at the end the following:
``, and $110,000,000 for the period of October 1, 2004, through
May 31, 2005''.

(c) Highway Safety Research and Development.--Section 2009(a)(2) of
such Act (112 Stat. 337; 118 Stat. 886) is amended by inserting after
``2004'' the following: ``, and $48,000,000 for the period of October 1,
2004, through May 31, 2005''.
(d) Occupant Protection Incentive Grants.--Section 2009(a)(3) of
such Act (112 Stat. 337; 118 Stat. 886) is amended--
(1) by striking ``and'' the last place it appears; and
(2) by inserting before the period at the end the following:
``, and $13,333,333 for the period of October 1, 2004, through
May 31, 2005''.

(e) Alcohol-Impaired Driving Countermeasures Incentive Grants.--
(1) Extension of program.--Section 410 of title 23, United
States Code, is amended--
(A) in subsection (a)(3) by striking ``7'' and
inserting ``8''; and
(B) in subsection (a)(4)(C) by striking ``and
seventh'' and inserting ``, seventh, and eighth''.

[[Page 1153]]
118 STAT. 1153

(2) Authorization of appropriations.--Section 2009(a)(4) of
such Act (112 Stat. 337; 118 Stat. 886) is amended--
(A) by striking ``and'' the last place it appears;
and
(B) by inserting before the period at the end the
following: ``, and $26,666,667 for the period of October
1, 2004, through May 31, 2005''.

(f) National Driver Register.--Section 2009(a)(6) of such Act (112
Stat. 338; 118 Stat. 886) is amended by inserting after ``2004'' the
following: ``, and $2,400,000 for the period of October 1, 2004, through
May 31, 2005''.
(g) Allocations.--Section 2009(b) of such Act (112 Stat. 338) is
amended--
(1) in paragraph (1) by striking ``2004'' and inserting
``2005''; and
(2) in paragraph (2) by striking ``2004'' and inserting
``2005''.

(h) Applicability of Title 23.--Section 2009(c) of such Act (112
Stat. 338) is amended by striking ``2004'' and inserting ``2005''.

SEC. 7. EXTENSION OF MOTOR CARRIER SAFETY ADMINISTRATION PROGRAM.

(a) Administrative Expenses.--
(1) In general.--There shall be available from the Highway
Trust Fund (other than the Mass Transit Account) for the
Secretary of Transportation to pay administrative expenses of
the Federal Motor Carrier Safety Administration $160,552,536 for
the period of October 1, 2004, through May 31, 2005.
(2) Use of funds.--Funds authorized by this subsection may
be used for personnel costs; administrative infrastructure;
rent; information technology; and programs for research and
technology, regulatory development, and other operating expenses
and similar matters. Such funds available may also be used to
make grants to, or enter into contracts with, States, local
governments, or other persons for implementation of the
Commercial Driver's License Improvement Grants and the Border
Enforcement Grants programs.

(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 $112,512,329 for the period of October
1, 2004, through May 31, 2005.''.

(c) Information Systems and Commercial Driver's License Grants.--
(1) Authorization of appropriation.--Section NOTE: 49 USC
31107. 31107(a) of such title is amended--
(A) by striking ``and'' at the end of paragraph (4);
(B) by striking the period at the end of paragraph
(5) and inserting ``; and''; and
(C) by adding at the end the following:
``(6) $13,315,068 for the period of October 1, 2004 through
May 31, 2005.''.
(2) Emergency cdl grants.--From amounts made available by
section 31107(a) of title 49, United States Code, for the period
of October 1, 2004 through May 31, 2005, the Secretary of
Transportation may make grants of up to $665,753 to a State
whose commercial driver's license program may

[[Page 1154]]
118 STAT. 1154

fail to meet the compliance requirements of section 31311(a) of
such title.

(d) Crash Causation Study.--There shall be available from the
Highway Trust Fund (other than the Mass Transit Account) for the Federal
Motor Carrier Safety Administration to continue the crash causation
study required by section 224 of the Motor Carrier Safety Improvement
Act of 1999 (49 U.S.C. 31100 note; 113 Stat. 1770-1771), $665,753 for
the period of October 1, 2004 through May 31, 2005.
(e) Contract Authority.--Funds made available by this section shall
be available for obligation in the same manner as if such funds were
apportioned under chapter 1 of title 23, United States Code.
(f) NOTE: Termination date. Rule Stay.--The hours-of-service
regulations applicable to property-carrying commercial drivers contained
in the Final Rule published on April 28, 2003 (68 Fed. Reg. 22456-
22517), as amended on September 30, 2003 (68 Fed. Reg. 56208-56212), and
made applicable to motor carriers and drivers on January 4, 2004, shall
be in effect until the earlier of--
(1) the effective date of a new final rule addressing the
issues raised by the July 16, 2004, decision of the United
States Court of Appeals for the District of Columbia in Public
Citizen, et al. v. Federal Motor Carrier Safety Administration
(No. 03-1165); or
(2) September 30, 2005.

SEC. 8. EXTENSION OF FEDERAL TRANSIT PROGRAMS.

(a) Allocating Amounts.--Section 5309(m) of title 49, United States
Code, is amended--
(1) in the matter preceding subparagraph (A) of paragraph
(1) by inserting ``and for the period of October 1, 2004,
through May 31, 2005'' after ``2004'';
(2) in paragraph (2)(B) by inserting after clause (ii) the
following:
``(iii) October 1, 2004 through may 31,
2005.--Of the amounts made available under
paragraph (1)(B), $6,933,333 shall be available
for the period of October 1, 2004, through May 31,
2005, for capital projects described in clause
(i).'';
(3) in paragraph (3)(B) by inserting after ``2004'' the
following: ``(and $2,000,000 shall be available for the period
October 1, 2004, through May 31, 2005)''; and
(4) in paragraph (3)(C) by inserting after ``2004)'' the
following: ``, and $33,333,333 shall be available for the period
October 1, 2004, through May 31, 2005,''.

(b) NOTE: 49 USC 5337 note. 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 sections 5338(b)(2)(A)(vii) and
5338(b)(2)(B)(vii) of such title.

(c) Formula Grants Authorizations.--Section 5338(a) NOTE: 49 USC
5338. of such title is amended--
(1) in the heading to paragraph (2) by inserting ``and for
the period of october 1, 2004, through may 31, 2005'' after
``2004'';

[[Page 1155]]
118 STAT. 1155

(2) by striking ``and'' at the end of paragraphs (2)(A)(v)
and (2)(B)(v);
(3) by striking the period at the end of paragraphs
(2)(A)(vi) and (2)(B)(vi) and inserting ``; and'';
(4) by adding at the end of paragraph (2)(A) the following:
``(vii) $2,201,760,000 for the period of
October 1, 2004, through May 31, 2005.'';
(5) by adding at the end in paragraph (2)(B) the following:
``(vii) $550,440,000 for the period of October
1, 2004, through May 31, 2005.''; and
(6) in paragraph (2)(C) by striking ``2003'' and inserting
the following: ``2005 (other than for the period of October 1,
2004, through May 31, 2005)''.

(d) Allocation of Formula Grant Funds for October 1, 2004, Through
May 31, 2005.--Of the aggregate of amounts made available by and
appropriated under section 5338(a)(2) of title 49, United States Code,
for the period of October 1, 2004, through May 31, 2005--
(1) $3,233,300 shall be available to the Alaska Railroad for
improvements to its passenger operations under section 5307 of
such title;
(2) $33,333,333 shall be available for clean fuels formula
grants under section 5308 of such title;
(3) $65,064,001 shall be available to provide transportation
services to elderly individuals and individuals with
disabilities under section 5310 of such title;
(4) $172,690,702 shall be available to provide financial
assistance for other than urbanized areas under section 5311 of
such title;
(5) $4,633,333 shall be available to provide financial
assistance in accordance with section 3038(g) of the
Transportation Equity Act for the 21st Century; and
(6) $2,473,245,331 shall be available to provide financial
assistance for urbanized areas under section 5307 of such title.

(e) Capital Program Authorizations.--Section 5338(b) of such title
is amended--
(1) in the heading to paragraph (2) by inserting ``and for
the period of october 1, 2004, through may 31, 2005'' after
``2004'';
(2) by striking ``and'' at the end of paragraphs (2)(A)(v)
and (2)(B)(v);
(3) by striking the period at the end of paragraphs
(2)(A)(vi) and (2)(B)(vi) and inserting ``; and'';
(4) by adding at the end of paragraph (2)(A) the following:
``(vii) $1,740,960,000 for the period of
October 1, 2004, through May 31, 2005.''; and
(5) by adding at the end of paragraph (2)(B) the following:
``(vii) $435,240,000 for the period of October
1, 2004, through May 31, 2005.''.

(f) Planning Authorizations and Allocations.--Section 5338(c) is
amended--
(1) in the heading to paragraph (2) by inserting ``and for
the period of october 1, 2004, through may 31, 2005'' after
``2004'';
(2) by striking ``and'' at the end of paragraphs (2)(A)(v)
and (2)(B)(v);

[[Page 1156]]
118 STAT. 1156

(3) by striking the period at the end of paragraphs
(2)(A)(vi) and (2)(B)(vi) and inserting ``; and'';
(4) by adding at the end of paragraph (2)(A) the following:
``(vii) $41,813,334 for the period of October
1, 2004, through May 31, 2005.'';
(5) by adding at the end of paragraph (2)(B) the following:
``(vii) $10,453,333 for the period of October
1, 2004, through May 31, 2005.''; and
(6) in paragraph (2)(C) by inserting ``or any portion of a
fiscal year'' after ``fiscal year''.

(g) Research Authorizations.--Section 5338(d) of such NOTE: 23 USC
5338. title is amended--
(1) in the heading to paragraph (2) by inserting ``and for
the period of october 1, 2004, through may 31, 2005'' after
``2004'';
(2) by striking ``and'' at the end of paragraphs (2)(A)(v)
and (2)(B)(v);
(3) by striking the period at the end of paragraphs
(2)(A)(vi) and (2)(B)(vi) and inserting ``; and'';
(4) by adding at the end of paragraph (2)(A) the following:
``(vii) $28,266,667 for the period of October
1, 2004, through May 31, 2005.'';
(5) by adding at the end of paragraph (2)(B) the following:
``(vii) $7,066,667 for the period of October
1, 2004, through May 31, 2005.''; and
(6) in paragraph (2)(C) by inserting after ``a fiscal year''
the following: ``(other than for the period of October 1, 2004,
through May 31, 2005)''.

(h) Allocation of Research Funds for October 1, 2004, Through May
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 May 31, 2005--
(1) not less than $3,500,000 shall be available for
providing rural transportation assistance under section
5311(b)(2) of such title;
(2) not less than $5,500,000 shall be available for carrying
out transit cooperative research programs under section 5313(a)
of such title;
(3) not less than $2,666,667 shall be available to carry out
programs under the National Transit Institute under section 5315
of such title, including not more than $666,667 shall be
available to carry out section 5315(a)(16) of such title; and
(4) any amounts not made available under paragraphs (1)
through (3) shall be available for carrying out national
planning and research programs under sections 5311(b)(2), 5312,
5313(a), 5314, and 5322 of such title.

(i) University Transportation Research Authorizations.--Section
5338(e) of such title is amended--
(1) in the heading to paragraph (2) by inserting ``and for
the period of october 1, 2004, through may 31, 2005'' after
``2004'';
(2) in paragraph (2)(A) by inserting after ``2004'' the
following: ``and $3,200,000 for the period of October 1, 2004,
through May 31, 2005'';
(3) in paragraph (2)(B) by inserting after ``2004'' the
following: ``and $800,000 for the period of October 1, 2004,
through May 31, 2005''; and

[[Page 1157]]
118 STAT. 1157

(4) in paragraphs (2)(C)(i) and (2)(C)(iii) by inserting
after ``fiscal year'' the following: ``(other than for the
period of October 1, 2004, through May 31, 2005)''.

(j) Allocation of University Transportation Research Funds.--
(1) In general.--Of the amounts made available under section
5338(e)(2)(A) of title 49, United States Code, for the period
October 1, 2004, through May 31, 2005--
(A) $1,333,333 shall be available for the center
identified in section 5505(j)(4)(A) of such title; and
(B) $1,333,333 shall be available for the center
identified in section 5505(j)(4)(F) of such title.
(2) Training and curriculum development.--Notwithstanding
section 5338(e)(2) of such title, any amounts made available
under such section for the period October 1, 2004, through May
31, 2005, that remain after distribution under paragraph (1),
shall be available for the purposes identified in section
3015(d) of the Transportation Equity Act for the 21st Century
(112 Stat. 857).
(3) Conforming amendment.--Section 3015(d)(2) of the
Transportation Equity Act for the 21st Century NOTE: 49 USC
5338 note. (112 Stat. 857; 118 Stat. 884) is amended by
inserting ``or in the period October 1, 2004, through May 31,
2005'' after ``2004''.

(k) Administration Authorizations.--Section 5338(f) of such title is
amended--
(1) in the heading to paragraph (2) by inserting ``and for
the period of october 1, 2004, through may 31, 2005'' after
``2004'';
(2) by striking ``and'' at the end of paragraphs (2)(A)(v)
and (2)(B)(v);
(3) by striking the period at the end of paragraphs
(2)(A)(vi) and (2)(B)(vi) and inserting ``; and'';
(4) by adding at the end of paragraph (2)(A) the following:
``(vii) $41,600,000 for the period of October
1, 2004, through May 31, 2005.''; and
(5) by adding at the end of paragraph (2)(B) the following:
``(vii) $10,400,000 for the period of October
1, 2004, through May 31, 2005.''.

(l) Job Access and Reverse Commute Program.--Section 3037(l) of the
Transportation Equity Act for the 21st Century (49 U.S.C. 5309 note; 112
Stat. 391-392; 118 Stat. 884) is amended--
(1) by striking ``and'' at the end of paragraphs (1)(A)(v)
and (1)(B)(v);
(2) by striking the period at the end of paragraphs
(1)(A)(vi) and (1)(B)(vi) and inserting ``; and'';
(3) by adding at the end of paragraph (1)(A) the following:
``(vii) $80,000,000 for the period of October
1, 2004, through May 31, 2005.'';
(4) by adding at the end of paragraph (1)(B) the following:
``(vii) $20,000,000 for the period of October
1, 2004, through May 31, 2005.''; and
(5) by inserting before the period at the end of paragraph
(2) the following: ``; except that in the period of October 1,
2004, through May 31, 2005, not more than $6,666,667 shall be
used for such projects''.

[[Page 1158]]
118 STAT. 1158

(m) Rural Transportation Accessibility Incentive Program.--Section
3038(g) of such Act (49 U.S.C. 5310 note; 112 Stat. 393; 118 Stat. 885)
is amended--
(1) by adding at the end of paragraph (1) the following:
``(G) $3,500,000 for the period of October 1, 2004,
through May 31, 2005.''; and
(2) in paragraph (2) by inserting after ``2004'' the
following: ``(and $1,133,333 shall be available for the period
of October 1, 2004, through May 31, 2005)''.

(n) Urbanized Area Formula Grants.--Section 5307(b) of title 49,
United States Code, is amended--
(1) in the heading to paragraph (2) by inserting ``and for
the period of october 1, 2004, through may 31, 2005'' after
``2004''; and
(2) in paragraph (2)(A) by inserting ``and for the period of
October 1, 2004, through May 31, 2005'' after ``2004,''.

(o) Obligation Ceiling.--Section 3040 of the Transportation Equity
Act for the 21st Century (112 Stat. 394; 118 Stat. 885) is amended--
(1) by striking ``and'' at the end of paragraph (5);
(2) by striking the period at the end of paragraph (6) and
inserting ``; and''; and
(3) by adding at the end the following:
``(7) $5,172,000,000 for the period of October 1, 2004,
through May 31, 2005.''.

(p) Fuel Cell Bus and Bus Facilities Program.--Section 3015(b) of
such Act (112 Stat. 361; 118 Stat. 885) is amended by inserting ``(or,
in the case of the period of October 1, 2004, through May 31, 2005,
$3,233,333)'' after ``$4,850,000''.
(q) Advanced Technology Pilot Project.--Section 3015(c)(2) of such
Act NOTE: 23 USC 322 note. (49 U.S.C. 322 note; 112 Stat. 361; 118
Stat. 885) is amended--
(1) by inserting ``and for the period of October 1, 2004,
through May 31, 2005,'' after ``2004,''; and
(2) by inserting ``and $3,333,333 for such period'' after
``$5,000,000 per fiscal year''.

(r) Projects for New Fixed Guideway Systems and Extensions to
Existing Systems.--Section 3030 of such Act (112 Stat. 373-381; 118
Stat. 885) is amended--
(1) in subsections (a) and (b) by inserting ``and for the
period of October 1, 2004, through May 31, 2005,'' after
``2004''; and
(2) in subsection (c)(1) by inserting ``and for the period
of October 1, 2004, through May 31, 2005'' after ``2004''.

(s) New Jersey Urban Core Project.--Subparagraphs (A), (B), and (C)
of section 3031(a)(3) of the Intermodal Surface Transportation
Efficiency Act of 1991 (105 Stat. 2122; 112 Stat. 379; 118 Stat. 885)
are amended by inserting ``and for the period of October 1, 2004,
through May 31, 2005,'' after ``2004,''.
(t) NOTE: 23 USC 101 note. Treatment of Funds.--Amounts made
available under the amendments made by this section shall be treated for
purposes of section 1101(b) of the Transportation Equity Act for the
21st Century (23 U.S.C. 101 note) as amounts made available for programs
under title III of such Act.

(u) Local Share.--Section 3011(a) of the Transportation Equity Act
for the 21st Century (49 U.S.C. 5307 note; 118 Stat. 637;

[[Page 1159]]
118 STAT. 1159

118 Stat. 708; 118 Stat. 886) is amended by inserting ``and for the
period of October 1, 2004, through May 31, 2005'' after ``2004''.

SEC. 9. SPORT FISHING AND BOATING SAFETY.

(a) Funding for National Outreach and Communications Program.--
Section 4(c) of the Dingell-Johnson Sport Fish Restoration Act (16
U.S.C. 777c(c)) is amended--
(1) by striking ``and'' at the end of paragraph (5);
(2) by inserting ``and'' after the semicolon at the end of
paragraph (6); and
(3) by inserting after paragraph (6) the following:
``(7) $6,666,664 for the period of October 1, 2004, through
May 31, 2005;''.

(b) Clean Vessel Act Funding.--Section 4(b) of such Act (16 U.S.C.
777c(b)) is amended--
(1) in paragraph (4) by striking the paragraph heading and
inserting ``Fiscal year 2004'';
(2) by redesignating paragraph (5) as paragraph (6); and
(3) by inserting after paragraph (4) the following:
``(5) First 8 months of fiscal year 2005.--For the period of
October 1, 2004, through May 31, 2005, of the balance of each
annual appropriation remaining after making the distribution
under subsection (a), an amount equal to $54,666,664, reduced by
82 percent of the amount appropriated for that fiscal year from
the Boat Safety Account of the Aquatic Resources Trust Fund
established by section 9504 of the Internal Revenue Code of 1986
to carry out the purposes of section 13106(a) of title 46,
United States Code, shall be used as follows:
``(A) $6,666,664 shall be available to the Secretary
of the Interior for 3 fiscal years for obligation for
qualified projects under section 5604(c) of the Clean
Vessel Act of 1992 (33 U.S.C. 1322 note).
``(B) $5,333,334 shall be available to the Secretary
of the Interior for 3 fiscal years for obligation for
qualified projects under section 7404(d) of the
Sportfishing and Boating Safety Act of 1998 (16 U.S.C.
777g-1(d)).
``(C) The balance remaining after the application of
subparagraphs (A) and (B) shall be transferred to the
Secretary of Transportation and shall be expended for
State recreational boating safety programs under section
13106 of title 46, United States Code.''.

(c) Boat Safety Funds.--Section 13106(c) of title 46, United States
Code, is amended to read as follows:
``(c)(1) Of the amount transferred to the Secretary of
Transportation under paragraph (5)(C) of section 4(b) of the Dingell-
Johnson Sport Fish Restoration Act (16 U.S.C. 777c(b)), $3,333,336 is
available to the Secretary for payment of expenses of the Coast Guard
for personnel and activities directly related to coordinating and
carrying out the national recreational boating safety program under this
title, of which $1,333,336 shall be available to the Secretary only to
ensure compliance with chapter 43 of this title.
``(2) No funds available to the Secretary under this subsection may
be used to replace funding traditionally provided through general
appropriations, nor for any purposes except those purposes authorized by
this section.

[[Page 1160]]
118 STAT. 1160

``(3) Amounts made available by this subsection shall remain
available until expended.
``(4) NOTE: Federal Register, publication. The Secretary shall
publish annually in the Federal Register a detailed accounting of the
projects, programs, and activities funded under this subsection.''.

SEC. 10. BUDGET LIMITATIONS.

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

(b) Discretionary Spending Limits.--Section 251(c) of the Balanced
Budget and Emergency Deficit Control Act of 1985 is amended as follows:
(1) Strike paragraphs (1) through (7) and redesignate
paragraph (8) (which relates to fiscal year 2005) as paragraph
(1) and in such redesignated paragraph strike ``(1) with respect
to fiscal year 2005'', redesignate the remaining matter as
subparagraph (C), and before such redesignated matter insert the
following:
``(1) with respect to fiscal year 2005--
``(A) for the highway category: $31,113,000,000 in
outlays;
``(B) for the mass transit category: $1,453,000,000
in new budget authority and $6,535,000,000 in outlays;
and''.
(2) Redesignate paragraphs (9) through (16) as paragraphs
(2) through (9).

(c) Category Defined.--Section 250(c)(4) of the Balanced Budget and
Emergency Deficit Control Act of 1985 NOTE: 2 USC 900. is amended--
(1) in subparagraph (B) by inserting after ``Century'' the
following: ``and the Surface Transportation Extension Act of
2004, Part V''; and
(2) in subparagraph (C)--
(A) by inserting after ``Century'' the first place
it appears the following: ``and the Surface
Transportation Extension Act of 2004, Part V''; and
(B) by striking ``that Act'' and inserting ``those
Acts''.

(d) Conformance With the Concurrent Resolution on the Budget for
Fiscal Year 2005.--Notwithstanding any other provision of law, all
adjustments made pursuant to section 110(a)(2) of title 23, United
States Code, to sums authorized to be appropriated from the Highway
Trust Fund (other than the Mass Transit Account) to carry out each of
the Federal-aid highway and highway safety construction programs (other
than emergency relief) in fiscal year 2005 shall be deemed to be zero.
(e) Sense of Congress on Adjustment to Align Highway Spending With
Revenues.--It is the sense of Congress that, in any multiyear
reauthorization of the Federal-aid highway program, the alignment of
highway spending with revenues under section 251(b)(1)(B)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985 should be
restructured to minimize year-to-year fluctuations in highway spending
levels and to ensure the uniform enforcement of such levels.
(f) Sense of Congress on Fully Guaranteed Funding.--It is the sense
of Congress--
(1) in any multiyear law reauthorizing of the Federal-aid
highway program enacted after the date of the enactment

[[Page 1161]]
118 STAT. 1161

of this Act, the level of obligation limitations for fiscal year
2005 under the highway category and the mass transit category in
section 8103 of the Transportation Equity Act for the 21st
Century (2 U.S.C. 901 note), as amended and extended, should
equal the obligation limitations for such categories authorized
in such multiyear law;
(2) the highway account category obligation limitation level
for fiscal year 2005 should be equal to the sum of the Federal
Highway Administration, National Highway Safety Administration,
and Federal Motor Carrier Safety Administration obligation
limitations for fiscal year 2005 in such multiyear law; and
(3) the mass transit category obligation limitation level
for fiscal year 2005 should be equal to the sum of budget
authority and obligation limitation authorizations for Federal
Transit Administration programs for fiscal year 2005 in such
multiyear reauthorization.

SEC. 11. LEVEL OF OBLIGATION LIMITATIONS.

(a) Highway Category.--Section 8103(a) of the Transportation Equity
Act for the 21st Century (2 U.S.C. 901 note; 112 Stat. 492; 117 Stat.
1128) is amended--
(1) by striking ``and'' at the end of paragraph (5);
(2) by striking the period at the end of paragraph (6) and
inserting ``; and''; and
(3) by adding at the end the following:
``(7) for fiscal year 2005, $35,392,000,000.''.

(b) Mass Transit Category.--Section 8103(b) of such Act (2 U.S.C.
901 note; 112 Stat. 492; 117 Stat. 1128) is amended--
(1) by striking ``and'' at the end of paragraph (5);
(2) by striking the period at the end of paragraph (6) and
inserting ``; and''; and
(3) by adding at the end the following:
``(7) for fiscal year 2005, $7,265,000,000.''.

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

SEC. 12. EXTENSION OF HIGHWAY PROGRAMS THROUGH END OF FISCAL YEAR 2004.

(a) Advances.--Section 2(a) of the Surface Transportation Extension
Act of 2003 (23 U.S.C. 104 note; 117 Stat. 1110; 118 Stat. 876) is
amended by striking ``and the Surface Transportation Extension Act of
2004, Part IV'' and inserting ``the Surface Transportation Extension Act
of 2004, Part IV, and the Surface Transportation Extension Act of 2004,
Part V''.
(b) Authorization of Contract Authority.--Section 1101(c)(1) of the
Transportation Equity Act for the 21st Century (117 Stat. 1111; 118
Stat. 876) is amended by striking ``the period of October 1, 2003,
through September 24,'' and inserting ``fiscal year''.
(c) Limitation on Obligations.--Section 2(e) of the Surface
Transportation Extension Act of 2003 NOTE: 23 USC 104 note. (117
Stat. 1111; 118 Stat. 478; 118 Stat. 876) is amended--
(1) by striking paragraphs (1) through (4) and inserting:
``(1) Distribution of obligation authority.--For the fiscal
year 2004, the Secretary shall distribute the obligation

[[Page 1162]]
118 STAT. 1162

limitation made available for Federal-aid highways and highway
safety construction programs under the heading `Federal-aid
highways' in the Transportation, Treasury, and Independent
Agencies Appropriations Act, 2004 (division F of Public Law 108-
199; 118 Stat. 291; 118 Stat. 1013), in accordance with section
110 of such Act.''; and
(2) by redesignating paragraph (5) as paragraph (2).

(d) Period of Availability.--Obligation authority made available for
fiscal year 2004 under section 2 of the Surface Transportation Extension
Act of 2003 as a result of the amendments made by this section, that is
in addition to obligation authority previously made available for fiscal
year 2004 under section 2 of such Act (117 Stat. 1110; 118 Stat. 478;
118 Stat. 627; 118 Stat. 698; 118 Stat. 876), shall remain available for
obligation during fiscal years 2004 and 2005, or for additional fiscal
years if so made available in a law enacted before the date of enactment
of this Act.
(e) Payment from Future Apportionments.--The Surface Transportation
Extension Act of 2003 (117 Stat. 1110) is amended--
(1) by striking section 2(c) NOTE: 23 USC 104 note. (117
Stat. 1111; 118 Stat. 877);
(2) by striking section 3(c)(1) (117 Stat. 1112) and
inserting the following:
``(1) In general.--As soon as practicable after the date of
enactment of the Surface Transportation Extension Act of 2004,
Part V, the Secretary of Transportation shall restore any funds
that a State transferred under subsection (a).''; and
(3) by striking section 5(n) (117 Stat. 1119; 118 Stat. 483;
118 Stat. 632; 118 Stat. 703; 118 Stat. 881).

(f) Supplemental Minimum Guarantee.--
(1) General rule.--For fiscal year 2004, the Secretary shall
allocate among the States amounts sufficient to ensure that each
State's percentage of the total apportionments for such fiscal
year pursuant to sections 2(a) and 5(c) of the Surface
Transportation Extension Act of 2003 and amounts apportioned
under this section shall equal the percentage listed for each
State in section 105(b) of title 23, United States Code. The
shares in such section shall be adjusted in accordance with
section 105(f) of such title. The minimum amount allocated to a
State under this subsection for the fiscal year shall be
$1,000,000.
(2) Authorization.--There are authorized to be appropriated
out of the Highway Trust Fund (other than the Mass Transit
Account) such sums as may be necessary to carry out this
subsection for fiscal year 2004.
(3) Administration of funds.--Funds apportioned to a State
under this subsection--
(A) shall be available for obligation in the same
manner as if such funds were apportioned to the State
under chapter 1 of title 23, United States Code;
(B) shall be combined with funds apportioned to the
State for the minimum guarantee program under section
2(a) of the Surface Transportation Extension Act of
2003; and
(C) shall be administered in the same manner as
funds apportioned under section 105 of such title.
(4) Obligation limitation.--Funds apportioned under this
subsection shall be subject to any limitation on obligations

[[Page 1163]]
118 STAT. 1163

for Federal-aid highways and highway safety construction
programs.

(g) NOTE: 26 USC 9503 note. Calculation of Estimated Trust Fund
Contributions.--The amendment made by section 13(c) of this Act shall
have no effect on the estimates of tax payments attributable to highway
users in each State paid into the Highway Trust Fund for purposes of
apportioning funds to States in fiscal year 2004 until enactment of a
multiyear law reauthorizing surface transportation programs.

SEC. 13. EXTENSION OF AUTHORIZATION FOR USE OF TRUST FUNDS FOR
OBLIGATIONS UNDER TEA-21.

(a) Highway Trust Fund.--
(1) In general.--Paragraph (1) of section 9503(c) of the
Internal Revenue Code of 1986 NOTE: 26 USC 9503. is
amended--
(A) in the matter before subparagraph (A), by
striking ``October 1, 2004'' and inserting ``June 1,
2005'';
(B) by striking ``or'' at the end of subparagraph
(I);
(C) by striking the period at the end of
subparagraph (J) and inserting ``, or'';
(D) by inserting after subparagraph (J) the
following new subparagraph:
``(K) authorized to be paid out of the Highway Trust
Fund under the Surface Transportation Extension Act of
2004, Part V.''; and
(E) in the matter after subparagraph (K), as added
by this paragraph, by striking ``Surface Transportation
Extension Act of 2004, Part IV'' and inserting ``Surface
Transportation Extension Act of 2004, Part V''.
(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 ``June 1,
2005'';
(B) in subparagraph (G), by striking ``or'' at the
end of such subparagraph;
(C) in subparagraph (H), by inserting ``or'' at the
end of such subparagraph;
(D) by inserting after subparagraph (H) the
following new subparagraph:
``(I) the Surface Transportation Extension Act of
2004, Part V,''; and
(E) in the matter after subparagraph (I), as added
by this paragraph, by striking ``Surface Transportation
Extension Act of 2004, Part IV'' and inserting ``Surface
Transportation Extension Act of 2004, Part V''.
(3) Exception to limitation on transfers.--Subparagraph (B)
of section 9503(b)(5) of such Code is amended by striking
``October 1, 2004'' and inserting ``June 1, 2005''.
(4) Conforming amendment.--Subsection (a) of section 10 of
the Surface Transportation Extension Act of 2004, Part
IV NOTE: 26 USC 9503 note. is amended by striking paragraph
(4).

(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 striking ``Surface Transportation
Extension Act of 2004, Part IV'' each place it appears and
inserting ``Surface Transportation Extension Act of 2004, Part
V''.

[[Page 1164]]
118 STAT. 1164

(2) Boat safety account.--Subsection (c) of section 9504 of
such Code NOTE: 26 USC 9504. is amended--
(A) by striking ``October 1, 2004'' and inserting
``June 1, 2005''; and
(B) by striking ``Surface Transportation Extension
Act of 2004, Part IV'' and inserting ``Surface
Transportation Extension Act of 2004, Part V''.
(3) Exception to limitation on transfers.--Paragraph (2) of
section 9504(d) of such Code is amended by striking ``October 1,
2004'' and inserting ``June 1, 2005''.

(c) NOTE: 26 USC 9503. All Alcohol Fuel Taxes Transferred to
Highway Trust Fund for Fiscal Year 2004.--Subparagraphs (E) and (F) of
section 9503(b)(4) (relating to certain taxes not transferred to Highway
Trust Fund) are each amended by inserting ``before October 1, 2003, and
for the period beginning after September 30, 2004, and'' before ``before
October 1, 2005''.

(d) NOTE: 26 USC 9503 note. Effective 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) Transfers to highway trust fund.--The amendments made by
subsection (c) shall apply to taxes imposed after September 30,
2003.

(e) 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 May 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.

(f) Apportionment of Highway Trust Funds for Fiscal Year 2004.--
Section 9503(d)(3) of the Internal Revenue Code of 1986 shall not apply
to any apportionment to the States of the amounts

[[Page 1165]]
118 STAT. 1165

authorized to be appropriated from the Highway Trust Fund for the fiscal
year ending September 30, 2004.

Approved September 30, 2004.

LEGISLATIVE HISTORY--H.R. 5183:
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CONGRESSIONAL RECORD, Vol. 150 (2004):
Sept. 30, considered and passed House and Senate.