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[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5183 Enrolled Bill (ENR)]

        H.R.5183

                       One Hundred Eighth Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
           the twentieth day of January, two thousand and four

                                 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--
                (i) the amount of funds apportioned for the item to the 
            State for fiscal year 2004; bears to
                (ii) the total of the amount of funds apportioned for 
            the items to the State for fiscal year 2004.
        (3) Administration of funds.--Funds authorized by the amendment 
    made under subsection (d) shall be administered as if the funds had 
    been apportioned, allocated, deducted, or set aside, as the case 
    may be, under title 23, United States Code; except that the 
    deductions and set-asides in the following sections of such title 
    shall not apply to such funds: sections 104(a)(1)(A), 104(a)(1)(B), 
    104(b)(1)(A), 104(d)(1), 104(d)(2), 104(f)(1), 104(h)(1), 
    118(c)(1), 140(b), 140(c), and 144(g)(1).
        (4) Special rules for minimum guarantee.--In carrying out the 
    minimum guarantee under section 105(c) of title 23, United States 
    Code, with funds apportioned under this section for the minimum 
    guarantee, the $2,800,000,000 set forth in paragraph (1) of such 
    section 105(c) shall be treated as being $1,866,666,667 and the 
    aggregate of amounts apportioned to the States under this section 
    for the minimum guarantee shall be treated, for purposes of such 
    section 105(c), as amounts made available under section 105 of such 
    title.
        (5) Extension of off-system bridge setaside.--Section 144(g)(3) 
    of title 23, United States Code, is amended by inserting after 
    ``2004'' the following: ``and in the period of October 1, 2004, 
    through May 31, 2005,''.
    (c) Repayment From Future Apportionments.--
        (1) In general.--The Secretary shall reduce the amount that 
    would be apportioned, but for this section, to a State for programs 
    under chapter 1 of title 23, United States Code, for fiscal year 
    2005, under a multiyear law reauthorizing the Federal-aid highway 
    program enacted after the date of enactment of this Act by the 
    amount that is apportioned to each State under subsection (a) and 
    section 5(c) for each such program.
        (2) Program category reconciliation.--The Secretary may 
    establish procedures under which funds apportioned under subsection 
    (a) for a program category for which funds are not authorized under 
    a law described in paragraph (1) may be restored to the Federal-aid 
    highway program.
    (d) Authorization of Contract Authority.--Section 1101 of the 
Transportation Equity Act for the 21st Century (112 Stat. 111-115; 117 
Stat. 1118; 118 Stat. 876) is amended by adding at the end the 
following:
    ``(l) Advance Authorization for Fiscal Year 2005.--
        ``(1) In general.--There shall be available from the Highway 
    Trust Fund (other than the Mass Transit Account) to carry out 
    section 2(a) of the Surface Transportation Extension Act of 2004, 
    Part V $22,685,936,000 for the period of October 1, 2004, through 
    May 31, 2005.
        ``(2) Special rule.--Funds apportioned under section 2(a) of 
    the Surface Transportation Extension Act of 2004, Part V shall be 
    subject to a limitation on obligations for Federal-aid highways and 
    highway safety construction programs.
        ``(3) Contract authority.--Funds made available by this 
    subsection shall be available for obligation in the same manner as 
    if such funds were apportioned under chapter 1 of title 23, United 
    States Code.''.
    (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.--
        (1) In general.--As soon as practicable after the date of 
    enactment of a multiyear law reauthorizing the Federal-aid highway 
    program enacted after the date of enactment of this Act, the 
    Secretary of Transportation shall restore any funds that a State 
    transferred under subsection (a) for any project not eligible for 
    the funds but for this section to the program category from which 
    the funds were transferred.
        (2) Program category reconciliation.--The Secretary may 
    establish procedures under which funds transferred under subsection 
    (a) from a program category for which funds are not authorized may 
    be restored to the Federal-aid highway program.
        (3) Limitation on statutory construction.--No provision of law, 
    except a statute enacted after the date of enactment of this Act 
    that expressly limits the application of this subsection, shall 
    impair the authority of the Secretary to restore funds pursuant to 
    this subsection.
    (d) Guidance.--The Secretary may issue guidance for use in carrying 
out this section.
    (e) Prohibition of Transfers.--Notwithstanding any other provision 
of this section, no funds may be transferred by a State under 
subsection (a)--
        (1) from amounts apportioned to the State for the congestion 
    mitigation and air quality improvement program; and
        (2) from amounts apportioned to the State for the surface 
    transportation program and that are subject to any of paragraphs 
    (1), (2), and (3)(A)(i) of section 133(d) of title 23, United 
    States Code.

SEC. 4. ADMINISTRATIVE EXPENSES.

    (a) Authorization of Contract Authority.--There shall be available 
from the Highway Trust Fund (other than the Mass Transit Account) for 
administrative expenses of the Federal-aid highway program $234,682,667 
for fiscal year 2005.
    (b) Contract Authority.--Funds made available by this section shall 
be available for obligation in the same manner as if such funds were 
apportioned under chapter 1 of title 23, United States Code, and shall 
be subject to a limitation on obligations for Federal-aid highways and 
highway safety construction programs; except that such funds shall 
remain available until expended.

SEC. 5. OTHER FEDERAL-AID HIGHWAY PROGRAMS.

    (a) Authorization of Appropriations Under Title I of TEA21.--
        (1) Federal lands highways.--
            (A) Indian reservation roads.--Section 1101(a)(8)(A) of the 
        Transportation Equity Act for the 21st Century (112 Stat. 112; 
        118 Stat. 877) is amended--
                (i) by inserting before the period at the end the 
            following: ``and $183,333,333 for the period of October 1, 
            2004, through May 31, 2005''; and
                (ii) by adding at the end the following: ``The minimum 
            amount made available for such period that the Secretary, 
            in cooperation with the Secretary of the Interior, shall 
            reserve for Indian reservation road bridges under section 
            202(d)(4) of title 23, United States Code, shall be 
            $8,666,667 instead of $13,000,000.''.
            (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.--
            (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
            (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 
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.

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''.
        (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 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'';
        (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);
        (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
        (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''.
    (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; 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.
    ``(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 Federal-aid 
    highway program enacted after the date of the enactment 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 limitation 
    made available for Federal-aid highways and highway safety 
    construction programs under the heading `Federal-aid highways' in 
    the Transportation, Treasury, and Independent Agencies 
    Appropriations Act, 2004 (division F of Public Law 108-199; 118 
    Stat. 291; 118 Stat. 1013), in accordance with section 110 of such 
    Act.''; and
        (2) by redesignating paragraph (5) as paragraph (2).
    (d) Period of Availability.--Obligation authority made available 
for fiscal year 2004 under section 2 of the Surface Transportation 
Extension Act of 2003 as a result of the amendments made by this 
section, that is in addition to obligation authority previously made 
available for fiscal year 2004 under section 2 of such Act (117 Stat. 
1110; 118 Stat. 478; 118 Stat. 627; 118 Stat. 698; 118 Stat. 876), 
shall remain available for obligation during fiscal years 2004 and 
2005, or for additional fiscal years if so made available in a law 
enacted before the date of enactment of this Act.
    (e) Payment from Future Apportionments.--The Surface Transportation 
Extension Act of 2003 (117 Stat. 1110) is amended--
        (1) by striking section 2(c) (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 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''.
        (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 authorized to be 
appropriated from the Highway Trust Fund for the fiscal year ending 
September 30, 2004.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
```