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[108th Congress Public Law 310]
[From the U.S. Government Printing Office]

[DOCID: f:publ310.108]

[[Page 1143]]

          SURFACE TRANSPORTATION EXTENSION ACT OF 2004, PART V

[[Page 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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.

                                  <all>
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