PUBLIC LAW 109–40—JULY 28, 2005

SURFACE TRANSPORTATION EXTENSION ACT

OF 2005, PART V

119 STAT. 410 PUBLIC LAW 109–40—JULY 28, 2005

Public Law 109–40

109th 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 2005, Part V’’.

SEC. 2. ADVANCES.

(a) IN GENERAL.—Section 2(a)(1) of the Surface Transportation

Extension Act of 2004, Part V (23 U.S.C. 104 note; 118 Stat.

1144; 119 Stat. 324; 119 Stat. 346; 119 Stat. 379; 119 Stat. 394)

is amended by striking ‘‘and the Surface Transportation Extension

Act of 2005, Part IV’’ and inserting ‘‘the Surface Transportation

Extension Act of 2005, Part IV, and the Surface Transportation

Extension Act of 2005, Part V’’.

(b) PROGRAMMATIC DISTRIBUTIONS.—

(1) SPECIAL RULES FOR MINIMUM GUARANTEE.—Section

2(b)(4) of such Act (119 Stat. 324; 119 Stat. 346; 119 Stat.

379; 119 Stat. 394) is amended by striking ‘‘$2,301,370,400’’

and inserting ‘‘$2,324,000,000’’.

(2) EXTENSION OF OFF-SYSTEM BRIDGE SETASIDE.—Section

144(g)(3) of title 23, United States Code, is amended by striking

‘‘July 27’’ and inserting ‘‘July 30’’.

(c) AUTHORIZATION OF CONTRACT AUTHORITY.—Section

1101(l)(1) of the Transportation Equity Act for the 21st Century

(118 Stat. 1145; 119 Stat. 324; 119 Stat. 346; 119 Stat. 379; 119

Stat. 394) is amended by striking ‘‘$27,968,968,718 for the period

of October 1, 2004, through July 27, 2005’’ and inserting

‘‘$28,243,990,320 for the period of October 1, 2004, through July

30, 2005’’.

(d) LIMITATION ON OBLIGATIONS.—Section 2(e) of the Surface

Transportation Extension Act of 2004, Part V (118 Stat. 1146;

119 Stat. 324; 119 Stat. 346; 119 Stat. 379; 119 Stat. 394) is

amended—

(1) in paragraph (1)—

(A) by striking ‘‘July 27’’ and inserting ‘‘July 30’’;

(B) by striking ‘‘and the Surface Transportation Extension Act of 2005, Part IV’’ and inserting ‘‘the Surface

Transportation Extension Act of 2005, Part IV, and the

Surface Transportation Extension Act of 2005, Part V’’;

and

23 USC 104 note.

Surface

Transportation

Extension Act of

2005, Part V.

23 USC 101 note.

July 28, 2005

[H.R. 3453]

PUBLIC LAW 109–40—JULY 28, 2005 119 STAT. 411

(C) by striking ‘‘82.2 percent’’ and inserting ‘‘83 percent’’; and

(2) in paragraph (2)—

(A) by striking ‘‘July 27, 2005, shall not exceed $28,520,554,600’’ and inserting ‘‘July 30, 2005, shall not

exceed $28,801,000,000’’; and (B) by striking ‘‘$525,205,602’’ and inserting ‘‘$530,370,000’’; and

(3) in paragraph (3) by striking ‘‘July 27’’ and inserting

‘‘July 30’’.

SEC. 3. ADMINISTRATIVE EXPENSES.

Section 4(a) of the Surface Transportation Extension Act of

2004, Part V (118 Stat. 1147; 119 Stat. 325; 119 Stat. 346; 119

Stat. 379; 119 Stat. 394) is amended by striking ‘‘$289,334,862’’

and inserting ‘‘$292,179,920’’.

SEC. 4. OTHER FEDERAL-AID HIGHWAY PROGRAMS.

(a) AUTHORIZATION OF APPROPRIATIONS UNDER TITLE I OF TEA–

21.—

(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. 1147; 119 Stat. 325; 119 Stat.

346; 119 Stat. 379; 119 Stat. 394) is amended— (i) in the first sentence by striking ‘‘$226,027,450

for the period of October 1, 2004, through July 27,

2005’’ and inserting ‘‘$228,250,000 for the period of

October 1, 2004, through July 30, 2005’’; and

(ii) in the second sentence by striking ‘‘$10,684,934’’ and inserting ‘‘$10,790,000’’.

(B) PUBLIC LANDS HIGHWAYS.—Section 1101(a)(8)(B) of

such Act (112 Stat. 112; 118 Stat. 1148; 119 Stat. 325;

119 Stat. 346; 119 Stat. 379; 119 Stat. 394) is amended

by striking ‘‘$202,191,828 for the period of October 1, 2004,

through July 27, 2005’’ and inserting ‘‘$204,180,000 for

the period of October 1, 2004, through July 30, 2005’’.

(C) PARK ROADS AND PARKWAYS.—Section 1101(a)(8)(C)

of such Act (112 Stat. 112; 118 Stat. 1148; 119 Stat. 325;

119 Stat. 346; 119 Stat. 379; 119 Stat. 394) is amended

by striking ‘‘$135,616,470 for the period of October 1, 2004,

through July 27, 2005’’ and inserting ‘‘$136,950,000 for

the period of October 1, 2004, through July 30, 2005’’.

(D) REFUGE ROADS.—Section 1101(a)(8)(D) of such Act

(112 Stat. 112; 118 Stat. 1148; 119 Stat. 326; 119 Stat.

346; 119 Stat. 379; 119 Stat. 394) is amended by striking

‘‘$16,438,360 for the period of October 1, 2004, through

July 27, 2005’’ and inserting ‘‘$16,600,000 for the period

of October 1, 2004, through July 30, 2005’’.

(2) NATIONAL CORRIDOR PLANNING AND DEVELOPMENT AND

COORDINATED BORDER INFRASTRUCTURE PROGRAMS.—Section

1101(a)(9) of such Act (112 Stat. 112; 118 Stat. 1148; 119

Stat. 326; 119 Stat. 346; 119 Stat. 379; 119 Stat. 394) is

amended by striking ‘‘$115,068,520 for the period of October

1, 2004, through July 27, 2005’’ and inserting ‘‘$116,200,000

for the period of October 1, 2004, through July 30, 2005’’.

(3) CONSTRUCTION OF FERRY BOATS AND FERRY TERMINAL

FACILITIES.—

119 STAT. 412 PUBLIC LAW 109–40—JULY 28, 2005

(A) IN GENERAL.—Section 1101(a)(10) of such Act (112

Stat. 113; 118 Stat. 1148; 119 Stat. 326; 119 Stat. 346;

119 Stat. 379; 119 Stat. 394) is amended by striking

‘‘$31,232,884 for the period of October 1, 2004, through

July 27, 2005’’ and inserting ‘‘$31,540,000 for the period

of October 1, 2004, through July 30, 2005’’.

(B) SET ASIDE FOR ALASKA, NEW JERSEY, AND WASHINGTON.—Section 5(a)(3)(B) of the Surface Transportation

Extension Act of 2004, Part V (118 Stat. 1148; 119 Stat.

326; 119 Stat. 346; 119 Stat. 379; 119 Stat. 394) is

amended—

(i) in clause (i) by striking ‘‘$8,219,180’’ and

inserting ‘‘$8,300,000’’;

(ii) in clause (ii) by striking ‘‘$4,109,590’’ and

inserting ‘‘$4,150,000’’; and

(iii) in clause (iii) by striking ‘‘$4,109,590’’ and

inserting ‘‘$4,150,000’’.

(4) NATIONAL SCENIC BYWAYS PROGRAM.—Section

1101(a)(11) of the Transportation Equity Act for the 21st Century (112 Stat. 113; 118 Stat. 1148; 119 Stat. 326; 119 Stat.

346; 119 Stat. 379; 119 Stat. 394) is amended by striking

‘‘$21,780,827 for the period of October 1, 2004, through July

27, 2005’’ and inserting ‘‘$21,995,000 for the period of October

1, 2004, through July 30, 2005’’.

(5) VALUE PRICING PILOT PROGRAM.—Section 1101(a)(12)

of such Act (112 Stat. 113; 118 Stat. 1148; 119 Stat. 326;

119 Stat. 346; 119 Stat. 379; 119 Stat. 394) is amended by

striking ‘‘$9,041,098 for the period of October 1, 2004, through

July 27, 2005’’ and inserting ‘‘$9,130,000 for the period of

October 1, 2004, through July 30, 2005’’.

(6) HIGHWAY USE TAX EVASION PROJECTS.—Section

1101(a)(14) of such Act (112 Stat. 113; 118 Stat. 1148; 119

Stat. 326; 119 Stat. 346; 119 Stat. 379; 119 Stat. 394) is

amended by striking ‘‘$4,109,590 for the period of October 1,

2004, through July 27, 2005’’ and inserting ‘‘$4,150,000 for

the period of October 1, 2004, through July 30, 2005’’.

(7) COMMONWEALTH OF PUERTO RICO HIGHWAY PROGRAM.—

Section 1101(a)(15) of the Transportation Equity Act for the

21st Century (112 Stat. 113; 118 Stat. 1149; 119 Stat. 326;

119 Stat. 346; 119 Stat. 379; 119 Stat. 394) is amended by

striking ‘‘$90,410,980 for the period of October 1, 2004, through

July 27, 2005’’ and inserting ‘‘$91,300,000 for the period of

October 1, 2004, through July 30, 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. 1149;

119 Stat. 326; 119 Stat. 346; 119 Stat. 379; 119 Stat. 394)

is amended by striking ‘‘$410,959 for the period of October

1, 2004, through July 27, 2005’’ and inserting ‘‘$415,000 for

the period of October 1, 2004, through July 30, 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. 1149; 119 Stat.

327; 119 Stat. 346; 119 Stat. 379; 119 Stat. 394) is amended

by striking ‘‘$20,547,950 for the period of October 1, 2004,

through July 27, 2005’’ and inserting ‘‘$20,750,000 for the period

of October 1, 2004, through July 30, 2005’’.

PUBLIC LAW 109–40—JULY 28, 2005 119 STAT. 413

(10) TRANSPORTATION INFRASTRUCTURE FINANCE AND

INNOVATION.—Section 188 of title 23, United States Code, is

amended—

(A) in subsection (a)(1) by striking subparagraph (G)

and inserting the following:

‘‘(G) $107,900,000 for the period of October 1, 2004,

through July 30, 2005.’’;

(B) in subsection (a)(2) by striking ‘‘$1,643,836 for the

period of October 1, 2004, through July 27, 2005’’ and

inserting ‘‘$1,660,000 for the period of October 1, 2004,

through July 30, 2005’’; and

(C) in the item relating to fiscal year 2005 in table

contained in subsection (c) by striking ‘‘$2,136,986,800’’

and inserting ‘‘$2,158,000,000’’.

(11) NATIONAL SCENIC BYWAYS CLEARINGHOUSE.—Section

1215(b)(3) of the Transportation Equity Act for the 21st Century

(112 Stat. 210; 118 Stat. 1149; 119 Stat. 327; 119 Stat. 346;

119 Stat. 379; 119 Stat. 394) is amended—

(A) by striking ‘‘$1,232,877’’ and inserting ‘‘$1,245,000’’;

and

(B) by striking ‘‘July 27’’ and inserting ‘‘July 30’’.

(b) AUTHORIZATION OF APPROPRIATIONS UNDER TITLE V OF

TEA–21.—

(1) SURFACE TRANSPORTATION RESEARCH.—Section

5001(a)(1) of the Transportation Equity Act for the 21st Century

(112 Stat. 419; 118 Stat. 1149; 119 Stat. 327; 119 Stat. 346;

119 Stat. 379; 119 Stat. 394) is amended by striking

‘‘$84,657,554 for the period of October 1, 2004, through July

27, 2005’’ and inserting ‘‘$85,490,000 for the period of October

1, 2004, through July 30, 2005’’.

(2) TECHNOLOGY DEPLOYMENT PROGRAM.—Section

5001(a)(2) of such Act (112 Stat. 419; 118 Stat. 1149; 119

Stat. 327; 119 Stat. 346; 119 Stat. 379; 119 Stat. 394) is

amended by striking ‘‘$41,095,900 for the period of October

1, 2004, through July 27, 2005’’ and inserting ‘‘$41,500,000

for the period of October 1, 2004, through July 30, 2005’’.

(3) TRAINING AND EDUCATION.—Section 5001(a)(3) of such

Act (112 Stat. 420; 118 Stat. 1150; 119 Stat. 327; 119 Stat.

346; 119 Stat. 379; 119 Stat. 394) is amended by striking

‘‘$16,438,360 for the period of October 1, 2004, through July

27, 2005’’ and inserting ‘‘$16,600,000 for the period of October

1, 2004, through July 30, 2005’’.

(4) BUREAU OF TRANSPORTATION STATISTICS.—Section

5001(a)(4) of such Act (112 Stat. 420; 118 Stat. 1150; 119

Stat. 327; 119 Stat. 346; 119 Stat. 379; 119 Stat. 394) is

amended by striking ‘‘$25,479,458 for the period of October

1, 2004, through July 27, 2005’’ and inserting ‘‘$25,730,000

for the period of October 1, 2004, through July 30, 2005’’.

(5) ITS STANDARDS, RESEARCH, OPERATIONAL TESTS, AND

DEVELOPMENT.—Section 5001(a)(5) of such Act (112 Stat. 420;

118 Stat. 1150; 119 Stat. 327; 119 Stat. 346; 119 Stat. 379;

119 Stat. 394) is amended by striking ‘‘$90,410,980 for the

period of October 1, 2004, through July 27, 2005’’ and inserting

‘‘$91,300,000 for the period of October 1, 2004, through July

30, 2005’’.

(6) ITS DEPLOYMENT.—Section 5001(a)(6) of such Act (112

Stat. 420; 118 Stat. 1150; 119 Stat. 327; 119 Stat. 346; 119

119 STAT. 414 PUBLIC LAW 109–40—JULY 28, 2005

Stat. 379; 119 Stat. 394) is amended by striking ‘‘$100,273,996

for the period of October 1, 2004, through July 27, 2005’’

and inserting ‘‘$101,260,000 for the period of October 1, 2004,

through July 30, 2005’’.

(7) UNIVERSITY TRANSPORTATION RESEARCH.—Section

5001(a)(7) of such Act (112 Stat. 420; 118 Stat. 1150; 119

Stat. 328; 119 Stat. 346; 119 Stat. 379; 119 Stat. 394) is

amended by striking ‘‘$21,780,827 for the period of October

1, 2004, through July 27, 2005’’ and inserting ‘‘$21,995,000

for the period of October 1, 2004, through July 30, 2005’’.

(c) METROPOLITAN PLANNING.—Section 5(c)(1) of the Surface

Transportation Extension Act of 2004, Part V (118 Stat. 1150;

119 Stat. 328; 119 Stat. 346; 119 Stat. 379; 119 Stat. 394) is

amended by striking ‘‘$178,767,165 for the period of October 1,

2004, through July 27, 2005’’ and inserting ‘‘$180,525,000 for the

period of October 1, 2004, through July 30, 2005’’.

(d) TERRITORIES.—Section 1101(d)(1) of the Transportation

Equity Act for the 21st Century (112 Stat. 111; 118 Stat. 1150;

119 Stat. 328; 119 Stat. 346; 119 Stat. 379; 119 Stat. 394) is

amended by striking ‘‘$29,917,815 for the period of October 1,

2004, through July 27, 2005’’ and inserting ‘‘$30,212,000 for the

period of October 1, 2004, through July 30, 2005’’.

(e) ALASKA HIGHWAY.—Section 1101(e)(1) of such Act (118 Stat.

1150; 119 Stat. 328; 119 Stat. 346; 119 Stat. 379; 119 Stat. 394)

is amended by striking ‘‘$15,452,058 for the period of October 1,

2004, through July 27, 2005’’ and inserting ‘‘$15,604,000 for the

period of October 1, 2004, through July 30, 2005’’.

(f) OPERATION LIFESAVER.—Section 1101(f)(1) of such Act (118

Stat. 1151; 119 Stat. 328; 119 Stat. 346; 119 Stat. 379; 119 Stat.

394) is amended by striking ‘‘$410,959 for the period of October

1, 2004, through July 27, 2005’’ and inserting ‘‘$415,000 for the

period of October 1, 2004, through July 30, 2005’’.

(g) BRIDGE DISCRETIONARY.—Section 1101(g)(1) of such Act (118

Stat. 1151; 119 Stat. 328; 119 Stat. 346; 119 Stat. 379; 119 Stat.

394) is amended—

(1) by striking ‘‘$82,191,800’’ and inserting ‘‘$83,000,000’’;

and

(2) by striking ‘‘July 27’’ and inserting ‘‘July 30’’.

(h) INTERSTATE MAINTENANCE.—Section 1101(h)(1) of such Act

(118 Stat. 1151; 119 Stat. 328; 119 Stat. 346; 119 Stat. 379; 119

Stat. 394) is amended—

(1) by striking ‘‘$82,191,800’’ and inserting ‘‘$83,000,000’’;

and

(2) by striking ‘‘July 27’’ and inserting ‘‘July 30’’.

(i) RECREATIONAL TRAILS ADMINISTRATIVE COSTS.—Section

1101(i)(1) of such Act (118 Stat. 1151; 119 Stat. 328; 119 Stat.

346; 119 Stat. 379; 119 Stat. 394) is amended by striking ‘‘$616,439

for the period of October 1, 2004, through July 27, 2005’’ and

inserting ‘‘$622,500 for the period of October 1, 2004, through

July 30, 2005’’.

(j) RAILWAY-HIGHWAY CROSSING HAZARD ELIMINATION IN HIGH

SPEED RAIL CORRIDORS.—Section 1101(j)(1) of such Act (118 Stat.

1151; 119 Stat. 328; 119 Stat. 346; 119 Stat. 379; 119 Stat. 394)

is amended—

(1) by striking ‘‘$4,315,069’’ and inserting ‘‘$4,357,500’’;

(2) by striking ‘‘$205,480’’ and inserting ‘‘$207,500’’; and

PUBLIC LAW 109–40—JULY 28, 2005 119 STAT. 415

(3) by striking ‘‘July 27’’ each place it appears and inserting

‘‘July 30’’.

(k) NONDISCRIMINATION.—Section 1101(k) of such Act (118 Stat.

1151; 119 Stat. 328; 119 Stat. 346; 119 Stat. 379; 119 Stat. 394)

is amended—

(1) in paragraph (1) by striking ‘‘$8,219,180 for the period

of October 1, 2004, through July 27, 2005’’ and inserting

‘‘$8,300,000 for the period of October 1, 2004, through July

30, 2005’’; and

(2) in paragraph (2) by striking ‘‘$8,219,180 for the period

of October 1, 2004, through July 27, 2005’’ and inserting

‘‘$8,300,000 for the period of October 1, 2004, through July

30, 2005’’.

(l) ADMINISTRATION OF FUNDS.—Section 5(l) of the Surface

Transportation Extension Act of 2004, Part V (118 Stat. 1151;

119 Stat. 329; 119 Stat. 346; 119 Stat. 379; 119 Stat. 394) is

amended—

(1) by striking ‘‘and section 4 of the Surface Transportation

Extension Act of 2005, Part IV’’ and inserting ‘‘section 4 of

the Surface Transportation Extension Act of 2005, Part IV,

and section 4 of the Surface Transportation Extension Act

of 2005, Part V’’; and

(2) by striking ‘‘and section 4(a) of the Surface Transportation Extension Act of 2005, Part IV’’ and inserting ‘‘section

4(a) of the Surface Transportation Extension Act of 2005, Part

IV, and section 4(a) of the Surface Transportation Extension

Act of 2005, Part V’’.

(m) REDUCTION OF ALLOCATED PROGRAMS.—Section 5(m) of

such Act (118 Stat. 1151; 119 Stat. 329; 119 Stat. 346; 119 Stat.

379; 119 Stat. 394) is amended—

(1) by striking ‘‘and section 4 of Surface Transportation

Extension Act of 2005, Part IV’’ and inserting ‘‘section 4 of

the Surface Transportation Extension Act of 2005, Part IV,

and section 4 of the Surface Transportation Extension Act

of 2005, Part V’’;

(2) by striking ‘‘and section 4 of the Surface Transportation

Extension Act, Part IV’’ the first place it appears and inserting

‘‘section 4 of the Surface Transportation Extension Act of 2005,

Part IV, and section 4 of the Surface Transportation Extension

Act of 2005, Part V’’; and

(3) by striking ‘‘and section 4 of the Surface Transportation

Extension Act, Part IV’’ the second place it appears and

inserting ‘‘section 4 of the Surface Transportation Extension

Act of 2005, Part IV, and section 4 of the Surface Transportation

Extension Act of 2005, Part V’’.

(n) PROGRAM CATEGORY RECONCILIATION.—Section 5(n) of such

Act (118 Stat. 1151; 119 Stat. 329; 119 Stat. 346; 119 Stat. 379;

119 Stat. 394) is amended by striking ‘‘and section 4 of the Surface

Transportation Extension Act, Part IV’’ and inserting ‘‘section 4

of the Surface Transportation Extension Act of 2005, Part IV,

and section 4 of the Surface Transportation Extension Act of 2005,

Part V’’.

SEC. 5. EXTENSION OF HIGHWAY SAFETY PROGRAMS.

(a) CHAPTER 1 HIGHWAY SAFETY PROGRAMS.— (1) SEAT BELT SAFETY INCENTIVE GRANTS.—Section 157(g)(1)

of title 23, United States Code, is amended by striking

119 STAT. 416 PUBLIC LAW 109–40—JULY 28, 2005

‘‘$92,054,794 for the period of October 1, 2004, through July

27, 2005’’ and inserting ‘‘$92,975,342 for the period of October

1, 2004, through July 30, 2005’’.

(2) PREVENTION OF INTOXICATED DRIVER INCENTIVE

GRANTS.—Section 163(e)(1) of such title is amended by striking

‘‘$90,410,958 for the period of October 1, 2004, through July

27, 2005’’ and inserting ‘‘$91,315,068 for the period of October

1, 2004, through July 30, 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. 1152; 119 Stat. 329; 119 Stat. 346; 119 Stat. 379;

119 Stat. 394) is amended by striking ‘‘$135,616,438 for the period

of October 1, 2004, through July 27, 2005’’ and inserting

‘‘$136,972,603 for the period of October 1, 2004, through July 30,

2005’’.

(c) HIGHWAY SAFETY RESEARCH AND DEVELOPMENT.—Section

2009(a)(2) of such Act (112 Stat. 337; 118 Stat. 1152; 119 Stat.

329; 119 Stat. 346; 119 Stat. 379; 119 Stat. 394) is amended

by striking ‘‘$59,178,082 for the period of October 1, 2004, through

July 27, 2005’’ and inserting ‘‘$59,769,863 for the period of October

1, 2004, through July 30, 2005’’.

(d) OCCUPANT PROTECTION INCENTIVE GRANTS.—Section

2009(a)(3) of such Act (112 Stat. 337; 118 Stat. 1152; 119 Stat.

329; 119 Stat. 346; 119 Stat. 379; 119 Stat. 394) is amended

by striking ‘‘$16,438,356 for the period of October 1, 2004, through

July 27, 2005’’ and inserting ‘‘$16,602,704 for the period of October

1, 2004, through July 30, 2005’’.

(e) ALCOHOL-IMPAIRED DRIVING COUNTERMEASURES INCENTIVE

GRANTS.—Section 2009(a)(4) of such Act (112 Stat. 337; 118 Stat.

1153; 119 Stat. 329; 119 Stat. 346; 119 Stat. 379; 119 Stat. 394)

is amended by striking ‘‘$32,876,712 for the period of October 1,

2004, through July 27, 2005’’ and inserting ‘‘$33,205,479 for the

period of October 1, 2004, through July 30, 2005’’.

(f) NATIONAL DRIVER REGISTER.—

(1) FUNDING.—Section 2009(a)(6) of such Act (112 Stat.

338; 118 Stat. 1153; 119 Stat. 330; 119 Stat. 346; 119 Stat.

379; 119 Stat. 394) is amended by striking ‘‘$2,958,904 for

the period of October 1, 2004, through July 27, 2005’’ and

inserting ‘‘$2,988,493 for the period of October 1, 2004, through

July 30, 2005’’.

(2) CONTRACT AUTHORITY.—Funds made available by the

amendments made by paragraph (1) and by section 5(f) of

the Surface Transportation Extension Act of 2005 (119 Stat.

330; 119 Stat. 346; 119 Stat. 379; 119 Stat. 394) shall be

available for obligation in the same manner as if such funds

were apportioned under chapter 1 of title 23, United States

Code.

SEC. 6. FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION PROGRAM.

(a) ADMINISTRATIVE EXPENSES.—Section 7(a)(1) of the Surface

Transportation Extension Act of 2004, Part V (118 Stat. 1153;

119 Stat. 330; 119 Stat. 346; 119 Stat. 379; 119 Stat. 394) is

amended by striking ‘‘$211,682,467 for the period of October 1,

2004, through July 27, 2005’’ and inserting ‘‘$213,799,290 for the

period of October 1, 2004, through July 30, 2005’’.

PUBLIC LAW 109–40—JULY 28, 2005 119 STAT. 417

(b) MOTOR CARRIER SAFETY ASSISTANCE PROGRAM.—Section

31104(a)(8) of title 49, United States Code, is amended to read

as follows:

‘‘(8) Not more than $140,293,151 for the period of October

1, 2004, through July 30, 2005.’’.

(c) INFORMATION SYSTEMS AND COMMERCIAL DRIVER’S LICENSE

GRANTS.—

(1) AUTHORIZATION OF APPROPRIATION.—Section 31107(a)(6)

of such title is amended to read as follows:

‘‘(6) $16,602,740 for the period of October 1, 2004, through

July 30, 2005.’’.

(2) EMERGENCY CDL GRANTS.—Section 7(c)(2) of the Surface

Transportation Extension Act of 2004, Part V (118 Stat. 1153;

119 Stat. 330; 119 Stat. 346; 119 Stat. 379; 119 Stat. 394)

is amended—

(A) by striking ‘‘July 27’’ and inserting ‘‘July 30’’; and

(B) by striking ‘‘$821,918’’ and inserting ‘‘$830,137’’.

(d) CRASH CAUSATION STUDY.—Section 7(d) of such Act (118

Stat. 1154; 119 Stat. 330; 119 Stat. 346; 119 Stat. 379; 119 Stat.

394) is amended—

(1) by striking ‘‘$821,918’’ and inserting ‘‘$830,137’’; and

(2) by striking ‘‘July 27’’ and inserting ‘‘July 30’’.

SEC. 7. 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 striking ‘‘July 27, 2005’’ and inserting ‘‘July 30, 2005’’;

(2) in paragraph (2)(B)(iii)—

(A) in the heading by striking ‘‘JULY 27, 2005’’ and

inserting ‘‘JULY 30, 2005’’;

(B) by striking ‘‘$8,547,000’’ and inserting ‘‘$8,550,000’’;

and

(C) by striking ‘‘July 27, 2005’’ and inserting ‘‘July

30, 2005’’;

(3) in paragraph (3)(B)—

(A) by striking ‘‘$2,465,754’’ and inserting ‘‘$2,470,000’’;

and

(B) by striking ‘‘July 27, 2005’’ and inserting ‘‘July

30, 2005’’; and

(4) in paragraph (3)(C)—

(A) by striking ‘‘$41,095,900’’ and inserting

‘‘$41,506,850’’; and

(B) by striking ‘‘July 27, 2005’’ and inserting ‘‘July

30, 2005’’.

(b) FORMULA GRANTS AUTHORIZATIONS.—Section 5338(a) of title

49, United States Code, is amended—

(1) in the heading to paragraph (2) by striking ‘‘JULY 27,

2005’’ and inserting ‘‘JULY 30, 2005’’;

(2) in paragraph (2)(A)(vii)—

(A) by striking ‘‘$2,795,000,000’’ and inserting

‘‘$2,796,817,658’’; and

(B) by striking ‘‘July 27, 2005’’ and inserting ‘‘July

30, 2005’’;

(3) in paragraph (2)(B)(vii) by striking ‘‘July 27, 2005’’

and inserting ‘‘July 30, 2005’’; and

119 STAT. 418 PUBLIC LAW 109–40—JULY 28, 2005

(4) in paragraph (2)(C) by striking ‘‘July 27, 2005’’ and

inserting ‘‘July 30, 2005’’.

(c) FORMULA GRANT FUNDS.—Section 8(d) of the Surface

Transportation Extension Act of 2004, Part V (118 Stat. 1155;

119 Stat. 331; 119 Stat. 346; 119 Stat. 379; 119 Stat. 394) is

amended—

(1) in the heading by striking ‘‘JULY 27, 2005’’ and inserting

‘‘JULY 30, 2005’’;

(2) in the matter preceding paragraph (1) by striking ‘‘July

27, 2005’’ and inserting ‘‘July 30, 2005’’; (3) in paragraph (1) by striking ‘‘$3,986,261’’ and inserting ‘‘$4,026,123’’;

(4) in paragraph (2) by striking ‘‘$41,095,900’’ and inserting ‘‘$41,506,850’’;

(5) in paragraph (3) by striking ‘‘$79,100,000’’ and inserting ‘‘$79,102,926’’;

(6) in paragraph (4) by striking ‘‘$210,000,000’’ and inserting ‘‘$212,000,000’’; and (7) in paragraph (5) by striking ‘‘$5,712,330’’ and inserting ‘‘$5,769,452’’.

(d) CAPITAL PROGRAM AUTHORIZATIONS.—Section 5338(b)(2) of

title 49, United States Code, is amended—

(1) in the heading by striking ‘‘JULY 27, 2005’’ and inserting

‘‘JULY 30, 2005’’;

(2) in subparagraph (A)(vii)—

(A) by striking ‘‘$2,309,000,366’’ and inserting

‘‘$2,336,442,169’’; and

(B) by striking ‘‘July 27, 2005’’ and inserting ‘‘July

30, 2005’’; and

(3) in subparagraph (B)(vii) by striking ‘‘July 27, 2005’’

and inserting ‘‘July 30, 2005’’.

(e) PLANNING AUTHORIZATIONS AND ALLOCATIONS.—Section

5338(c)(2) of title 49, United States Code, is amended—

(1) in the heading by striking ‘‘JULY 27, 2005’’ and inserting

‘‘JULY 30, 2005’’;

(2) in subparagraph (A)(vii)—

(A) by striking ‘‘$49,546,681’’ and inserting

‘‘$50,146,668’’; and

(B) by striking ‘‘July 27, 2005’’ and inserting ‘‘July

30, 2005’’; and

(3) in subparagraph (B)(vii) by striking ‘‘July 27, 2005’’

and inserting ‘‘July 30, 2005’’.

(f) RESEARCH AUTHORIZATIONS.—Section 5338(d)(2) of title 49,

United States Code, is amended—

(1) in the heading by striking ‘‘JULY 27, 2005’’ and inserting

‘‘JULY 30, 2005’’;

(2) in subparagraph (A)(vii)—

(A) by striking ‘‘$39,554,804’’ and inserting

‘‘$39,950,343’’; and

(B) by striking ‘‘July 27, 2005’’ and inserting ‘‘July

30, 2005’’;

(3) in subparagraph (B)(vii) by striking ‘‘July 27, 2005’’

and inserting ‘‘July 30, 2005’’; and

(4) in subparagraph (C) by striking ‘‘July 27, 2005’’ and

inserting ‘‘July 30, 2005’’.

(g) ALLOCATION OF RESEARCH FUNDS.—Section 8(h) of the Surface Transportation Extension Act of 2004, Part V (118 Stat. 1156;

PUBLIC LAW 109–40—JULY 28, 2005 119 STAT. 419

119 Stat. 332; 119 Stat. 346; 119 Stat. 379; 119 Stat. 394) is

amended—

(1) in the heading by striking ‘‘JULY 27, 2005’’ and inserting

‘‘JULY 30, 2005’’;

(2) in the matter preceding paragraph (1) by striking ‘‘July

27, 2005’’ and inserting ‘‘July 30, 2005’’; (3) in paragraph (1) by striking ‘‘$4,315,070’’ and inserting ‘‘$4,358,219’’;

(4) in paragraph (2) by striking ‘‘$6,780,824’’ and inserting ‘‘$6,848,630’’; and

(5) in paragraph (3)— (A) by striking ‘‘$3,287,672’’ and inserting ‘‘$3,320,548’’;

and

(B) by striking ‘‘$821,918’’ and inserting ‘‘$830,137’’.

(h) UNIVERSITY TRANSPORTATION RESEARCH AUTHORIZATIONS.— Section 5338(e)(2) of title 49, United States Code, is amended—

(1) in the heading by striking ‘‘JULY 27, 2005’’ and inserting

‘‘JULY 30, 2005’’;

(2) in subparagraph (A)—

(A) by striking ‘‘$4,131,508’’ and inserting ‘‘$4,180,822’’;

and

(B) by striking ‘‘July 27, 2005’’ and inserting ‘‘July

30, 2005’’;

(3) in subparagraph (B) by striking ‘‘July 27, 2005’’ and

inserting ‘‘July 30, 2005’’; and

(4) in subparagraphs (C)(i) and (C)(iii) by striking ‘‘July

27, 2005’’ and inserting ‘‘July 30, 2005’’.

(i) ALLOCATION OF UNIVERSITY TRANSPORTATION RESEARCH

FUNDS.—

(1) IN GENERAL.—Section 8(j) of the Surface Transportation

Extension Act of 2004, Part V (118 Stat. 1157; 119 Stat. 332;

119 Stat. 346; 119 Stat. 379; 119 Stat. 394) is amended—

(A) in the matter preceding subparagraph (A) of paragraph (1) by striking ‘‘July 27, 2005’’ and inserting ‘‘July

30, 2005’’;

(B) in paragraph (1)(A) by striking ‘‘$1,643,836’’ and

inserting ‘‘$1,660,274’’;

(C) in paragraph (1)(B) by striking ‘‘$1,643,836’’ and

inserting ‘‘$1,660,274’’; and

(D) in paragraph (2) by striking ‘‘July 27, 2005’’ and

inserting ‘‘July 30, 2005’’.

(2) CONFORMING AMENDMENT.—Section 3015(d)(2) of the

Transportation Equity Act for the 21st Century (49 U.S.C.

5338 note; 112 Stat. 857; 118 Stat. 1157; 119 Stat. 332; 119

Stat. 346; 119 Stat. 379; 119 Stat. 394) is amended by striking

‘‘July 27, 2005’’ and inserting ‘‘July 30, 2005’’.

(j) ADMINISTRATION AUTHORIZATIONS.—Section 5338(f)(2) of title

49, United States Code, is amended—

(1) in the heading by striking ‘‘JULY 27, 2005’’ and inserting

‘‘JULY 30, 2005’’;

(2) in subparagraph (A)(vii)— (A) by striking ‘‘$53,709,604’’ and inserting

‘‘$54,350,686’’; and

(B) by striking ‘‘July 27, 2005’’ and inserting ‘‘July

30, 2005’’; and

(3) in subparagraph (B)(vii) by striking ‘‘July 27, 2005’’

and inserting ‘‘July 30, 2005’’.

119 STAT. 420 PUBLIC LAW 109–40—JULY 28, 2005

(k) 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; 118 Stat. 1157; 119 Stat. 333;

119 Stat. 346; 119 Stat. 379; 119 Stat. 394) is amended—

(1) in paragraph (1)(A)(vii)—

(A) by striking ‘‘$82,739,750’’ and inserting

‘‘$83,767,125’’; and

(B) by striking ‘‘July 27, 2005’’ and inserting ‘‘July

30, 2005’’;

(2) in paragraph (1)(B)(vii) by striking ‘‘July 27, 2005’’

and inserting ‘‘July 30, 2005’’; and

(3) in paragraph (2) by striking ‘‘July 27, 2005, not more

than $8,219,180’’ and inserting ‘‘July 30, 2005, not more than

$8,301,370’’.

(l) RURAL TRANSPORTATION ACCESSIBILITY INCENTIVE PRO- GRAM.—Section 3038(g) of the Transportation Equity Act for the

21st Century (49 U.S.C. 5310 note; 112 Stat. 393; 118 Stat. 1158;

119 Stat. 333; 119 Stat. 346; 119 Stat. 379; 119 Stat. 394) is

amended—

(1) by striking paragraph (1)(G) and inserting the following: ‘‘(G) $5,769,452 for the period of October 1, 2004,

through July 30, 2005.’’; and

(2) in paragraph (2)— (A) by striking ‘‘$1,428,082’’ and inserting ‘‘$1,428,124’’;

and

(B) by striking ‘‘July 27, 2005’’ and inserting ‘‘July

30, 2005’’.

(m) URBANIZED AREA FORMULA GRANTS.—Section 5307(b)(2)

of title 49, United States Code, is amended—

(1) in the heading by striking ‘‘JULY 27, 2005’’ and inserting

‘‘JULY 30, 2005’’; and

(2) in subparagraph (A) by striking ‘‘July 27, 2005’’ and

inserting ‘‘July 30, 2005’’.

(n) OBLIGATION CEILING.—Section 3040(7) of the Transportation

Equity Act for the 21st Century (112 Stat. 394; 118 Stat. 1158;

119 Stat. 333; 119 Stat. 346; 119 Stat. 379; 119 Stat. 394) is

amended—

(1) by striking ‘‘$6,335,343,944’’ and inserting

‘‘$6,398,695,996’’; and

(2) by striking ‘‘July 27, 2005’’ and inserting ‘‘July 30,

2005’’.

(o) FUEL CELL BUS AND BUS FACILITIES PROGRAM.—Section

3015(b) of the Transportation Equity Act for the 21st Century

(112 Stat. 361; 118 Stat. 1158; 119 Stat. 333; 119 Stat. 346; 119

Stat. 379; 119 Stat. 394) is amended—

(1) by striking ‘‘July 27, 2005’’ and inserting ‘‘July 30,

2005’’; and

(2) by striking ‘‘$3,986,000’’ and inserting ‘‘$4,026,164’’.

(p) ADVANCED TECHNOLOGY PILOT PROJECT.—Section 3015(c)(2)

of the Transportation Equity Act for the 21st Century (49 U.S.C.

322 note; 112 Stat. 361; 118 Stat. 1158; 119 Stat. 334; 119 Stat.

346; 119 Stat. 379; 119 Stat. 394) is amended—

(1) by striking ‘‘July 27, 2005’’ and inserting ‘‘July 30,

2005,’’; and

(2) by striking ‘‘$4,100,000’’ and inserting ‘‘$4,150,685’’.

(q) PROJECTS FOR NEW FIXED GUIDEWAY SYSTEMS AND EXTEN- SIONS TO EXISTING SYSTEMS.—Subsections (a), (b), and (c)(1) of

Ante, p. 403.

PUBLIC LAW 109–40—JULY 28, 2005 119 STAT. 421

section 3030 of the Transportation Equity Act for the 21st Century

(112 Stat. 373; 118 Stat. 1158; 119 Stat. 334; 119 Stat. 346; 119

Stat. 379; 119 Stat. 394) are amended by striking ‘‘July 27, 2005’’

and inserting ‘‘July 30, 2005’’.

(r) 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; 118 Stat.

1158; 119 Stat. 334; 119 Stat. 346; 119 Stat. 379; 119 Stat. 394)

are amended by striking ‘‘July 27, 2005’’ and inserting ‘‘July 30,

2005’’.

(s) LOCAL SHARE.—Section 3011(a) of the Transportation Equity

Act for the 21st Century (49 U.S.C. 5307 note; 118 Stat. 1158;

119 Stat. 334; 119 Stat. 346; 119 Stat. 379; 119 Stat. 394) is

amended by striking ‘‘July 27, 2005’’ and inserting ‘‘July 30, 2005’’.

SEC. 8. SPORT FISHING AND BOATING SAFETY.

(a) FUNDING FOR NATIONAL OUTREACH AND COMMUNICATIONS

PROGRAM.—Section 4(c)(7) of the Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777c(c)) is amended to read as follows:

‘‘(7) $8,301,370 for the period of October 1, 2004, through

July 30, 2005;’’.

(b) CLEAN VESSEL ACT FUNDING.—Section 4(b)(4) of such Act

(16 U.S.C. 777c(b)(4)) is amended to read as follows:

‘‘(4) FIRST 303 DAYS OF FISCAL YEAR 2005.—For the period

of October 1, 2004, through July 30, 2005, of the balance

of each annual appropriation remaining after making the distribution under subsection (a), an amount equal to $68,071,233,

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) $8,301,370 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) $6,641,096 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—

(1) by striking ‘‘$4,100,000’’ and inserting ‘‘$4,150,685’’; and

(2) by striking ‘‘$1,643,836’’ and inserting ‘‘$1,660,274’’.

SEC. 9. EXTENSION OF AUTHORIZATION FOR USE OF TRUST FUNDS

FOR OBLIGATIONS UNDER TEA–21.

(a) HIGHWAY TRUST FUND.—

(1) IN GENERAL.—Paragraph (1) of section 9503(c) of the

Internal Revenue Code of 1986 is amended—

(A) in the matter before subparagraph (A), by striking

‘‘July 28, 2005’’ and inserting ‘‘July 31, 2005’’;

26 USC 9503.

119 STAT. 422 PUBLIC LAW 109–40—JULY 28, 2005

(B) by striking ‘‘or’’ at the end of subparagraph (N);

(C) by striking the period at the end of subparagraph

(O) and inserting ‘‘, or’’;

(D) by inserting after subparagraph (O) the following

new subparagraph:

‘‘(P) authorized to be paid out of the Highway Trust

Fund under the Surface Transportation Extension Act of

2005, Part V.’’; and

(E) in the matter after subparagraph (P), as added

by this paragraph, by striking ‘‘Surface Transportation

Extension Act of 2005, Part IV’’ and inserting ‘‘Surface

Transportation Extension Act of 2005, 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

‘‘July 28, 2005’’ and inserting ‘‘July 31, 2005’’;

(B) in subparagraph (L), by striking ‘‘or’’ at the end

of such subparagraph;

(C) in subparagraph (M), by inserting ‘‘or’’ at the end

of such subparagraph;

(D) by inserting after subparagraph (M) the following

new subparagraph:

‘‘(N) the Surface Transportation Extension Act of 2005,

Part V,’’; and

(E) in the matter after subparagraph (N), as added

by this paragraph, by striking ‘‘Surface Transportation

Extension Act of 2005, Part IV’’ and inserting ‘‘Surface

Transportation Extension Act of 2005, Part V’’.

(3) EXCEPTION TO LIMITATION ON TRANSFERS.—Subparagraph (B) of section 9503(b)(6) of such Code is amended by

striking ‘‘July 28, 2005’’ and inserting ‘‘July 31, 2005’’.

(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 2005, Part IV’’ each place it appears and inserting ‘‘Surface

Transportation Extension Act of 2005, Part V’’.

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

of such Code is amended—

(A) by striking ‘‘July 28, 2005’’ and inserting ‘‘July

31, 2005’’; and

(B) by striking ‘‘Surface Transportation Extension Act

of 2005, Part IV’’ and inserting ‘‘Surface Transportation

Extension Act of 2005, Part V’’.

(3) EXCEPTION TO LIMITATION ON TRANSFERS.—Paragraph

(2) of section 9504(d) of such Code is amended by striking

‘‘July 28, 2005’’ and inserting ‘‘July 31, 2005’’.

(c) EFFECTIVE DATE.—The amendments made by this section

shall take effect on the date of the enactment of this Act.

(d) TEMPORARY RULE REGARDING ADJUSTMENTS.—During the

period beginning on the date of the enactment of the Surface

Transportation Extension Act of 2003 and ending on July 30, 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—

26 USC 9503

note.

26 USC 9504.

PUBLIC LAW 109–40—JULY 28, 2005 119 STAT. 423

LEGISLATIVE HISTORY—H.R. 3453:

CONGRESSIONAL RECORD, Vol. 151 (2005):

July 27, considered and passed House and Senate.

Æ

(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.

Approved July 28, 2005.