PUBLIC LAW 108–310—SEPT. 30, 2004

SURFACE TRANSPORTATION EXTENSION ACT

OF 2004, PART V

118 STAT. 1144 PUBLIC LAW 108–310—SEPT. 30, 2004

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.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Surface Transportation Extension

Act of 2004, Part V’’.

SEC. 2. 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—

23 USC 104 note.

Surface

Transportation

Extension Act of

2004, Part V.

23 USC 101 note.

Sept. 30, 2004

[H.R. 5183]

PUBLIC LAW 108–310—SEPT. 30, 2004 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 Federalaid 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.’’.

118 STAT. 1146 PUBLIC LAW 108–310—SEPT. 30, 2004

(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.—

PUBLIC LAW 108–310—SEPT. 30, 2004 118 STAT. 1147

(1) IN GENERAL.—As soon as practicable after the date

of enactment of a multiyear law reauthorizing the Federalaid 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.’’.

118 STAT. 1148 PUBLIC LAW 108–310—SEPT. 30, 2004

(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.—

PUBLIC LAW 108–310—SEPT. 30, 2004 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

118 STAT. 1150 PUBLIC LAW 108–310—SEPT. 30, 2004

(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

PUBLIC LAW 108–310—SEPT. 30, 2004 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.

118 STAT. 1152 PUBLIC LAW 108–310—SEPT. 30, 2004

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 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’’.

23 USC 163.

PUBLIC LAW 108–310—SEPT. 30, 2004 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 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

49 USC 31107.

118 STAT. 1154 PUBLIC LAW 108–310—SEPT. 30, 2004

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) 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) 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) 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’’;

49 USC 5338.

49 USC 5337

note.

Termination

date.

PUBLIC LAW 108–310—SEPT. 30, 2004 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);

118 STAT. 1156 PUBLIC LAW 108–310—SEPT. 30, 2004

(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 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

23 USC 5338.

PUBLIC LAW 108–310—SEPT. 30, 2004 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 (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’’.

49 USC 5338

note.

118 STAT. 1158 PUBLIC LAW 108–310—SEPT. 30, 2004

(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 (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) 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;

23 USC 101 note.

23 USC 322 note.

PUBLIC LAW 108–310—SEPT. 30, 2004 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.

118 STAT. 1160 PUBLIC LAW 108–310—SEPT. 30, 2004

‘‘(3) Amounts made available by this subsection shall remain

available until expended.

‘‘(4) 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, 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 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 Federalaid highway program enacted after the date of the enactment

2 USC 900.

2 USC 901.

Federal Register,

publication.

PUBLIC LAW 108–310—SEPT. 30, 2004 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 (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

23 USC 104 note.

118 STAT. 1162 PUBLIC LAW 108–310—SEPT. 30, 2004

limitation made available for Federal-aid highways and highway safety construction programs under the heading ‘Federalaid 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) (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

23 USC 104 note.

PUBLIC LAW 108–310—SEPT. 30, 2004 118 STAT. 1163

for Federal-aid highways and highway safety construction programs.

(g) 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 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 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 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’’.

26 USC 9504.

26 USC 9503

note.

26 USC 9503.

26 USC 9503

note.

118 STAT. 1164 PUBLIC LAW 108–310—SEPT. 30, 2004

(2) BOAT SAFETY ACCOUNT.—Subsection (c) of section 9504

of such Code 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) 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) 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

26 USC 9503

note.

26 USC 9503.

26 USC 9504.

PUBLIC LAW 108–310—SEPT. 30, 2004 118 STAT. 1165

LEGISLATIVE HISTORY—H.R. 5183:

CONGRESSIONAL RECORD, Vol. 150 (2004):

Sept. 30, considered and passed House and Senate.

Æ

authorized to be appropriated from the Highway Trust Fund for

the fiscal year ending September 30, 2004.

Approved September 30, 2004.