PUBLIC LAW 109–42—JULY 30, 2005 119 STAT. 435

Public Law 109–42

109th Congress

An Act

To provide an extension of administrative expenses for highway, highway safety,

motor carrier safety, transit, and other programs funded out of the Highway

Trust Fund pending enactment of a law reauthorizing the Transportation Equity

Act for the 21st Century.

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 VI’’.

SEC. 2. ADMINISTRATIVE EXPENSES FOR FEDERAL-AID HIGHWAY PROGRAM.

(a) AUTHORIZATION OF CONTRACT AUTHORITY.—Section 4(a) of

the Surface Transportation Extension Act of 2004, Part V (118

Stat. 1147, 119 Stat. 325) is amended by striking ‘‘$292,179,920’’

and inserting ‘‘$309,260,880’’.

(b) LIMITATION ON OBLIGATIONS.—Of the obligation limitation

made available for Federal-aid highways and highway safety

construction programs for fiscal year 2005 by division H of Public

Law 108–447 (118 Stat. 3204) not more than $17,080,960 shall

be available, in addition to any obligation limitation previously

provided, for administrative expenses of the Federal Highway

Administration for the period of July 30, 2005, through August

14, 2005.

(b) CONFORMING AMENDMENT.—Section 2(e)(3) of such Act (118

Stat. 1146, 119 Stat. 325) is amended by striking ‘‘July 30’’ and

inserting ‘‘August 14’’.

SEC. 3. ADMINISTRATIVE EXPENSES FOR NATIONAL HIGHWAY

TRAFFIC SAFETY ADMINISTRATION.

(a) IN GENERAL.—There shall be available from the Highway

Trust Fund (other than the Mass Transit Account) for the Secretary

of Transportation to pay the administrative expenses of the National

Highway Traffic Administration in carrying out the highway safety

programs authorized by sections 157 and 163 of chapter 1 of title

23, United States Code, and sections 402, 403, 405, and 410 of

chapter 4 of such title, the National Driver Register under chapter

303 of title 49, United States Code, the motor vehicle safety program

under chapter 301 of such title 49, and the motor vehicle information and cost savings program under part C of subtitle VI of such

title 49 $4,125,000 for the period of July 30, 2005, through August

14, 2005.

Ante, p. 412.

Ante, p. 411.

23 USC 101 note.

Surface

Transportation

Extension Act of

2005, Part VI.

July 30, 2005

[H.R. 3512]

119 STAT. 436 PUBLIC LAW 109–42—JULY 30, 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; except that such funds shall remain available until

expended.

SEC. 4. ADMINISTRATIVE EXPENSES FOR MOTOR CARRIER SAFETY

ADMINISTRATION PROGRAM.

Section 7(a)(1) of the Surface Transportation Extension Act

of 2004, Part V (118 Stat. 1153; 119 Stat. 330) is amended—

(1) by striking ‘‘$213,799,290’’ and inserting ‘‘$224,383,414’’;

and

(2) by striking ‘‘July 30’’ and inserting ‘‘August 14’’.

SEC. 5. ADMINISTRATIVE EXPENSES FOR FEDERAL TRANSIT PROGRAMS.

(a) AUTHORIZATION OF APPROPRIATIONS.—Section 5338(f)(2) of

title 49, United States Code, is amended—

(1) in the heading by striking ‘‘JULY 30’’ and inserting

‘‘AUGUST 14’’;

(2) in subparagraph (A)(vii)—

(A) by striking ‘‘$54,350,686’’ and inserting

‘‘$57,650,686’’; and

(B) by striking ‘‘July 30’’ and inserting ‘‘August 14’’;

and

(3) in subparagraph (B)(vii) by striking ‘‘July 30’’ and

inserting ‘‘August 14’’.

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

Equity Act for the 21st Century (112 Stat. 394; 118 Stat. 885;

118 Stat. 1158; 119 Stat. 333) is amended—

(1) by striking ‘‘$6,398,695,996’’ and inserting

‘‘$6,401,995,996’’; and

(2) by striking ‘‘July 30’’ and inserting ‘‘August 14’’.

SEC. 6. BUREAU OF TRANSPORTATION STATISTICS.

(a) IN GENERAL.—Section 5001(a)(4) of the Transportation

Equity Act for the 21st Century (112 Stat. 420; 118 Stat. 1150;

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

amended by striking ‘‘$25,730,000 for the period of October 1,

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

period of October 1, 2004, through August 14, 2005’’.

(b) LIMITATION ON OBLIGATIONS.—Of the obligation limitation

made available for Federal-aid highways and highway safety

construction programs for fiscal year 2005 by division H of Public

Law 108–447 (118 Stat. 3204) not more than $1,270,000 shall

be available, in addition to any obligation limitation previously

provided, for administrative expenses of the Bureau of Transportation Statistics for the period of July 30, 2005, through August

14, 2005.

SEC. 7. EXTENSION OF AUTHORIZATION FOR USE OF TRUST FUNDS

FOR OBLIGATIONS UNDER TEA–21.

(a) HIGHWAY TRUST FUND.—

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

Internal Revenue Code of 1986 is amended—

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

‘‘July 31, 2005’’ and inserting ‘‘August 15, 2005’’,

(B) by striking ‘‘or’’ at the end of subparagraph (O),

26 USC 9503.

Ante, p. 413.

Ante, p. 420.

Ante, p. 416.

PUBLIC LAW 109–42—JULY 30, 2005 119 STAT. 437

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

(P) and inserting ‘‘, or’’,

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

new subparagraph:

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

Fund under the Surface Transportation Extension Act of

2005, Part VI.’’, and

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

by this paragraph, by striking ‘‘Surface Transportation

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

Transportation Extension Act of 2005, Part VI’’.

(2) MASS TRANSIT ACCOUNT.—Paragraph (3) of section

9503(e) of such Code is amended—

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

‘‘July 31, 2005’’ and inserting ‘‘August 15, 2005’’,

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

of such subparagraph,

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

of such subparagraph,

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

new subparagraph:

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

Part VI,’’, and

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

by this paragraph, by striking ‘‘Surface Transportation

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

Transportation Extension Act of 2005, Part VI’’.

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

adding at the end the following: ‘‘The preceding sentence shall

be applied by substituting ‘August 15, 2005’ for the date

therein.’’.

(b) AQUATIC RESOURCES TRUST FUND.—

(1) SPORT FISH RESTORATION ACCOUNT.—Paragraph (2) of

section 9504(b) of the Internal Revenue Code of 1986 is

amended by adding at the end the following: ‘‘Subparagraphs

(A), (B), and (C) shall each be applied by substituting ‘Surface

Transportation Extension Act of 2005, Part VI’ for ‘Surface

Transportation Extension Act of 2005, Part V’.’’.

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

of such Code is amended—

(A) by striking ‘‘July 31, 2005’’ and inserting ‘‘August

15, 2005’’, and

(B) by striking ‘‘Surface Transportation Extension Act

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

Extension Act of 2005, Part VI’’.

(3) EXCEPTION TO LIMITATION ON TRANSFERS.—Paragraph

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

at the end the following new sentence: ‘‘The preceding sentence

shall be applied by substituting ‘August 15, 2005’ for the date

therein.’’.

(c) TEMPORARY RULE REGARDING ADJUSTMENTS.—During the

period beginning on the date of the enactment of the Surface

Transportation Extension Act of 2003 and ending on August 14,

2005, for purposes of making any estimate under section 9503(d)

of the Internal Revenue Code of 1986 of receipts of the Highway

Trust Fund, the Secretary of the Treasury shall treat—

Applicability.

26 USC 9504.

119 STAT. 438 PUBLIC LAW 109–42—JULY 30, 2005

LEGISLATIVE HISTORY—H.R. 3512:

CONGRESSIONAL RECORD, Vol. 151 (2005):

July 29, 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.

(d) SUBSEQUENT REPEAL OF CERTAIN TEMPORARY PROVISIONS.— Each of the following provisions of the Internal Revenue Code

of 1986 are amended by striking the last sentence thereof:

(1) Section 9503(b)(6)(B).

(2) Section 9504(b)(2).

(3) Section 9504(d)(2).

(e) 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) SUBSEQUENT REPEAL.—The amendments made by subsection (d) shall take effect on the date of the enactment of

the Safe, Accountable, Flexible, Efficient Transportation Equity

Act: A Legacy for Users and shall be executed immediately

before the amendments made by such Act.

Approved July 30, 2005.

26 USC 9503

note.

26 USC 9504.

26 USC 9503.