108TH CONGRESS

2D SESSION H. R. 5183

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.
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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Surface Transpor5 tation Extension Act of 2004, Part V’’.

6 SEC. 2. ADVANCES.

7 (a) IN GENERAL.—

8 (1) APPORTIONMENT RATIO.—Except as pro9 vided in paragraph (2), the Secretary of Transpor10 tation shall apportion funds made available under

11 section 1101(l) of the Transportation Equity Act for

12 the 21st Century (112 Stat. 111; 118 Stat. 876), as

13 amended by this section, to each State in the ratio

14 that—

15 (A) the State’s total fiscal year 2004 obli16 gation authority for funds apportioned for the

17 Federal-aid highway program; bears to

18 (B) all States’ total fiscal year 2004 obli19 gation authority for funds apportioned for the

20 Federal-aid highway program.

21 (2) EXCEPTION.—The ratios determined under

22 this subsection shall be subject to the same adjust23 ments as the adjustments made under section 105(f)

24 of title 23, United States Code.

25 (b) PROGRAMMATIC DISTRIBUTIONS.—
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1 (1) PROGRAMS.—Of the funds to be appor2 tioned to each State under subsection (a), the Sec3 retary shall ensure that the State is apportioned an

4 amount of the funds, determined under paragraph

5 (2), for the Interstate maintenance program, the

6 National Highway System program, the bridge pro7 gram, the surface transportation program, the con8 gestion mitigation and air quality improvement pro9 gram, the recreational trails program, the Appa10 lachian development highway system program, and

11 the minimum guarantee.

12 (2) IN GENERAL.—The amount that each State

13 shall be apportioned under this subsection for each

14 item referred to in paragraph (1) shall be deter15 mined by multiplying—

16 (A) the amount apportioned to the State

17 under subsection (a); by

18 (B) the ratio that—

19 (i) the amount of funds apportioned

20 for the item to the State for fiscal year

21 2004; bears to

22 (ii) the total of the amount of funds

23 apportioned for the items to the State for

24 fiscal year 2004.
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1 (3) ADMINISTRATION OF FUNDS.—Funds au2 thorized by the amendment made under subsection

3 (d) shall be administered as if the funds had been

4 apportioned, allocated, deducted, or set aside, as the

5 case may be, under title 23, United States Code; ex6 cept that the deductions and set-asides in the fol7 lowing sections of such title shall not apply to such

8 funds: sections 104(a)(1)(A), 104(a)(1)(B),

9 104(b)(1)(A), 104(d)(1), 104(d)(2), 104(f)(1),

10 104(h)(1), 118(c)(1), 140(b), 140(c), and 144(g)(1).

11 (4) SPECIAL RULES FOR MINIMUM GUAR12 ANTEE.—In carrying out the minimum guarantee

13 under section 105(c) of title 23, United States Code,

14 with funds apportioned under this section for the

15 minimum guarantee, the $2,800,000,000 set forth in

16 paragraph (1) of such section 105(c) shall be treated

17 as being $1,866,666,667 and the aggregate of

18 amounts apportioned to the States under this sec19 tion for the minimum guarantee shall be treated, for

20 purposes of such section 105(c), as amounts made

21 available under section 105 of such title.

22 (5) EXTENSION OF OFF-SYSTEM BRIDGE SET23 ASIDE.—Section 144(g)(3) of title 23, United States

24 Code, is amended by inserting after ‘‘2004’’ the fol-
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1 lowing: ‘‘and in the period of October 1, 2004,

2 through May 31, 2005,’’.

3 (c) REPAYMENT FROM FUTURE APPORTION4 MENTS.—

5 (1) IN GENERAL.—The Secretary shall reduce

6 the amount that would be apportioned, but for this

7 section, to a State for programs under chapter 1 of

8 title 23, United States Code, for fiscal year 2005,

9 under a multiyear law reauthorizing the Federal-aid

10 highway program enacted after the date of enact11 ment of this Act by the amount that is apportioned

12 to each State under subsection (a) and section 5(c)

13 for each such program.

14 (2) PROGRAM CATEGORY RECONCILIATION.—

15 The Secretary may establish procedures under which

16 funds apportioned under subsection (a) for a pro17 gram category for which funds are not authorized

18 under a law described in paragraph (1) may be re19 stored to the Federal-aid highway program.

20 (d) AUTHORIZATION OF CONTRACT AUTHORITY.—

21 Section 1101 of the Transportation Equity Act for the

22 21st Century (112 Stat. 111–115; 117 Stat. 1118; 118

23 Stat. 876) is amended by adding at the end the following:

24 ‘‘(l) ADVANCE AUTHORIZATION FOR FISCAL YEAR

25 2005.—
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1 ‘‘(1) IN GENERAL.—There shall be available

2 from the Highway Trust Fund (other than the Mass

3 Transit Account) to carry out section 2(a) of the

4 Surface Transportation Extension Act of 2004, Part

5 V $22,685,936,000 for the period of October 1,

6 2004, through May 31, 2005.

7 ‘‘(2) SPECIAL RULE.—Funds apportioned under

8 section 2(a) of the Surface Transportation Exten9 sion Act of 2004, Part V shall be subject to a limita10 tion on obligations for Federal-aid highways and

11 highway safety construction programs.

12 ‘‘(3) CONTRACT AUTHORITY.—Funds made

13 available by this subsection shall be available for ob14 ligation in the same manner as if such funds were

15 apportioned under chapter 1 of title 23, United

16 States Code.’’.

17 (e) LIMITATION ON OBLIGATIONS.—

18 (1) IN GENERAL.—Subject to paragraph (2),

19 upon enactment of an Act making appropriations for

20 the Department of Transportation for fiscal year

21 2005 (other than an Act or resolution making con22 tinuing appropriations), the Secretary shall distribute 8 23 ⁄12 of the obligation limitation for Federal24 aid highways and highway safety construction pro-
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1 grams provided by such Act according to the provi2 sions of such Act.

3 (2) EXCEPTIONS.—

4 (A) DETERMINATION OF AMOUNTS.—Any

5 instruction in such Act that would require the

6 distribution or reservation of obligation limita7 tion prior to distributing the remainder of the

8 obligation limitation to the States shall be exe9 cuted as if the program, project, or activity for

10 which obligation limitation is so distributed or

11 reserved was authorized at an amount equiva12 lent to the greater of—

13 (i) the amount authorized for such

14 program, project, or activity in this Act; or

15 (ii) 8/12 of the amount provided for

16 or limitation set on such program, project,

17 or activity in the Act making appropria18 tions for the Department of Transpor19 tation for fiscal year 2005.

20 (B) MINIMUM GUARANTEE.—Obligations

21 for the period October 1, 2004, through May

22 31, 2005, shall not exceed the obligation limita23 tion distributed by this subsection, except that

24 this limitation shall not apply to $426,000,000
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1 in obligations for minimum guarantee for such

2 period.

3 (3) TIME PERIOD FOR OBLIGATIONS.—After

4 May 31, 2005, no funds shall be obligated for any

5 Federal-aid highway program project until the date

6 of enactment of a multiyear law reauthorizing the

7 Federal-aid highway program enacted after the date

8 of enactment of this Act.

9 (4) TREATMENT OF OBLIGATIONS.—Any obliga10 tion of obligation authority distributed under this

11 subsection shall be considered to be an obligation for

12 Federal-aid highways and highway safety construc13 tion programs for fiscal year 2005 for the purposes

14 of any obligation limitation set in an Act making ap15 propriations for the Department of Transportation

16 for fiscal year 2005.

17 SEC. 3. TRANSFERS OF UNOBLIGATED APPORTIONMENTS.

18 (a) IN GENERAL.—In addition to any other authority

19 of a State to transfer funds, for fiscal year 2005, a State

20 may transfer any funds apportioned to the State for any

21 program under section 104(b) (including amounts appor22 tioned under section 104(b)(3) or set aside, made avail23 able, or suballocated under section 133(d)) or section 144

24 of title 23, United States Code, before, on, or after the

25 date of enactment of this Act, that are subject to any limi-
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1 tation on obligations, and that are not obligated, to any

2 other of those programs.

3 (b) TREATMENT OF TRANSFERRED FUNDS.—Any

4 funds transferred to another program under subsection (a)

5 shall be subject to the provisions of the program to which

6 the funds are transferred, except that funds transferred

7 to a program under section 133 (other than subsections

8 (d)(1) and (d)(2)) of title 23, United States Code, shall

9 not be subject to section 133(d) of that title.

10 (c) RESTORATION OF APPORTIONMENTS.—

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

12 the date of enactment of a multiyear law reauthor13 izing the Federal-aid highway program enacted after

14 the date of enactment of this Act, the Secretary of

15 Transportation shall restore any funds that a State

16 transferred under subsection (a) for any project not

17 eligible for the funds but for this section to the pro18 gram category from which the funds were trans19 ferred.

20 (2) PROGRAM CATEGORY RECONCILIATION.—

21 The Secretary may establish procedures under which

22 funds transferred under subsection (a) from a pro23 gram category for which funds are not authorized

24 may be restored to the Federal-aid highway pro25 gram.
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1 (3) LIMITATION ON STATUTORY CONSTRUC2 TION.—No provision of law, except a statute enacted

3 after the date of enactment of this Act that ex4 pressly limits the application of this subsection, shall

5 impair the authority of the Secretary to restore

6 funds pursuant to this subsection.

7 (d) GUIDANCE.—The Secretary may issue guidance

8 for use in carrying out this section.

9 (e) PROHIBITION OF TRANSFERS.—Notwithstanding

10 any other provision of this section, no funds may be trans11 ferred by a State under subsection (a)—

12 (1) from amounts apportioned to the State for

13 the congestion mitigation and air quality improve14 ment program; and

15 (2) from amounts apportioned to the State for

16 the surface transportation program and that are

17 subject to any of paragraphs (1), (2), and (3)(A)(i)

18 of section 133(d) of title 23, United States Code.

19 SEC. 4. ADMINISTRATIVE EXPENSES.

20 (a) AUTHORIZATION OF CONTRACT AUTHORITY.—

21 There shall be available from the Highway Trust Fund

22 (other than the Mass Transit Account) for administrative

23 expenses of the Federal-aid highway program

24 $234,682,667 for fiscal year 2005.
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1 (b) CONTRACT AUTHORITY.—Funds made available

2 by this section shall be available for obligation in the same

3 manner as if such funds were apportioned under chapter

4 1 of title 23, United States Code, and shall be subject

5 to a limitation on obligations for Federal-aid highways and

6 highway safety construction programs; except that such

7 funds shall remain available until expended.

8 SEC. 5. OTHER FEDERAL-AID HIGHWAY PROGRAMS.

9 (a) AUTHORIZATION OF APPROPRIATIONS UNDER

10 TITLE I OF TEA21.—

11 (1) FEDERAL LANDS HIGHWAYS.—

12 (A) INDIAN RESERVATION ROADS.—Sec13 tion 1101(a)(8)(A) of the Transportation Eq14 uity Act for the 21st Century (112 Stat. 112;

15 118 Stat. 877) is amended—

16 (i) by inserting before the period at

17 the end the following: ‘‘and $183,333,333

18 for the period of October 1, 2004, through

19 May 31, 2005’’; and

20 (ii) by adding at the end the fol21 lowing: ‘‘The minimum amount made

22 available for such period that the Sec23 retary, in cooperation with the Secretary of

24 the Interior, shall reserve for Indian res25 ervation road bridges under section
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1 202(d)(4) of title 23, United States Code,

2 shall be $8,666,667 instead of

3 $13,000,000.’’.

4 (B) PUBLIC LANDS HIGHWAYS.—Section

5 1101(a)(8)(B) of such Act (112 Stat. 112; 118

6 Stat. 878) is amended by inserting before the

7 period at the end the following: ‘‘and

8 $164,000,000 for the period of October 1,

9 2004, through May 31, 2005’’.

10 (C) PARK ROADS AND PARKWAYS.—Sec11 tion 1101(a)(8)(C) of such Act (112 Stat. 112;

12 118 Stat. 878) is amended by inserting before

13 the period at the end the following: ‘‘and

14 $110,000,000 for the period of October 1,

15 2004, through May 31, 2005’’.

16 (D) REFUGE ROADS.—Section

17 1101(a)(8)(D) of such Act (112 Stat. 112; 118

18 Stat. 878) is amended by inserting before the

19 period at the end the following: ‘‘and

20 $13,333,333 for the period of October 1, 2004,

21 through May 31, 2005’’.

22 (2) NATIONAL CORRIDOR PLANNING AND DE23 VELOPMENT AND COORDINATED BORDER INFRA24 STRUCTURE PROGRAMS.—Section 1101(a)(9) of such

25 Act (112 Stat. 112; 118 Stat. 878) is amended by
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1 inserting before the period at the end the following:

2 ‘‘and $93,333,333 for the period of October 1, 2004,

3 through May 31, 2005’’.

4 (3) CONSTRUCTION OF FERRY BOATS AND

5 FERRY TERMINAL FACILITIES.—

6 (A) IN GENERAL.—Section 1101(a)(10) of

7 such Act (112 Stat. 113; 118 Stat. 878) is

8 amended by inserting before the period at the

9 end the following: ‘‘and $25,333,333 for the pe10 riod of October 1, 2004, through May 31,

11 2005’’.

12 (B) SET ASIDE FOR ALASKA, NEW JERSEY,

13 AND WASHINGTON.—To carry out section 1064

14 of the Intermodal Surface Transportation Effi15 ciency Act of 1991 (23 U.S.C. 129 note; 105

16 Stat. 2005; 112 Stat. 185; 118 Stat. 878), of

17 funds made available by the amendment made

18 by subparagraph (A)—

19 (i) $6,666,667 shall be available for

20 section 1064(d)(2);

21 (ii) $3,333,333 shall be available for

22 section 1064(d)(3); and

23 (iii) $3,333,333 shall be available for

24 section 1064(d)(4).
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1 (4) NATIONAL SCENIC BYWAYS PROGRAM.—

2 Section 1101(a)(11) of the Transportation Equity

3 Act for the 21st Century (112 Stat. 113; 118 Stat.

4 878) is amended—

5 (A) by striking ‘‘and’’ the last place it ap6 pears; and

7 (B) by inserting before the period at the

8 end the following: ‘‘, and $17,666,667 for the

9 period of October 1, 2004, through May 31,

10 2005’’.

11 (5) VALUE PRICING PILOT PROGRAM.—Section

12 1101(a)(12) of such Act (112 Stat. 113; 118 Stat.

13 878) is amended by inserting before the period at

14 the end the following: ‘‘, and $7,333,333 for the pe15 riod of October 1, 2004, through May 31, 2005’’.

16 (6) HIGHWAY USE TAX EVASION PROJECTS.—

17 Section 1101(a)(14) of such Act (112 Stat. 113;

18 118 Stat. 878) is amended by inserting before the

19 period at the end the following: ‘‘and $3,333,333 for

20 the period of October 1, 2004, through May 31,

21 2005’’.

22 (7) COMMONWEALTH OF PUERTO RICO HIGH23 WAY PROGRAM.—

24 (A) IN GENERAL.—Section 1101(a)(15) of

25 such Act (112 Stat. 113; 118 Stat. 879) is
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1 amended by inserting before the period at the

2 end the following: ‘‘and $73,333,333 for the pe3 riod of October 1, 2004, through May 31,

4 2005’’.

5 (B) CONFORMING AMENDMENT.—Section

6 1214(r)(1) of such Act (112 Stat. 209; 117

7 Stat. 1114) is amended by striking ‘‘2004’’ and

8 inserting ‘‘2005’’.

9 (8) SAFETY GRANTS.—Section 1212(i)(1)(D) of

10 such Act (23 U.S.C. 402 note; 112 Stat. 196; 112

11 Stat. 840; 118 Stat. 879) is amended by inserting

12 before the period at the end the following: ‘‘and

13 $333,333 for the period of October 1, 2004, through

14 May 31, 2005’’.

15 (9) TRANSPORTATION AND COMMUNITY AND

16 SYSTEM PRESERVATION PILOT PROGRAM.—Section

17 1221(e)(1) of such Act (23 U.S.C. 101 note; 112

18 Stat. 223; 118 Stat. 879) is amended by inserting

19 before the period at the end the following: ‘‘and

20 $16,666,667 for the period of October 1, 2004,

21 through May 31, 2005’’.

22 (10) TRANSPORTATION INFRASTRUCTURE FI23 NANCE AND INNOVATION.—Section 188 of title 23,

24 United States Code, is amended—

25 (A) in subsection (a)(1)—
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1 (i) by striking ‘‘and’’ at the end of

2 subparagraph (E);

3 (ii) by striking the period at the end

4 of subparagraph (F) and inserting ‘‘; and’’;

5 and

6 (iii) by adding at the end the fol7 lowing:

8 ‘‘(G) $86,666,667 for the period of Octo9 ber 1, 2004, through May 31, 2005.’’;

10 (B) in subsection (a)(2) by inserting after

11 ‘‘2004’’ the following: ‘‘and $1,333,333 for the

12 period of October 1, 2004, through May 31,

13 2005’’; and

14 (C) in subsection (c)—

15 (i) by striking ‘‘2004’’ and inserting

16 ‘‘2005’’; and

17 (ii) by striking the period at the end

18 of the table and inserting the following:

‘‘2005 ....................................................................................$1,733,333,333.’’.

19 (11) NATIONAL SCENIC BYWAYS CLEARING20 HOUSE.—Section 1215(b)(3) of the Transportation

21 Equity Act of the 21st Century (112 Stat. 210) is

22 amended by inserting before the period at the end

23 ‘‘and $1,000,000 for the period of October 1, 2004,

24 through May 31, 2005’’.
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1 (b) AUTHORIZATION OF APPROPRIATIONS UNDER

2 TITLE V OF TEA21.—

3 (1) SURFACE TRANSPORTATION RESEARCH.—

4 Section 5001(a)(1) of the Transportation Equity Act

5 for the 21st Century (112 Stat. 419; 118 Stat. 879)

6 is amended—

7 (A) by striking ‘‘2003, and’’ and inserting

8 ‘‘2003,’’; and

9 (B) by inserting after ‘‘2004’’ the fol10 lowing: ‘‘, and $68,666,667 for the period of

11 October 1, 2004, through May 31, 2005’’.

12 (2) TECHNOLOGY DEPLOYMENT PROGRAM.—

13 Section 5001(a)(2) of such Act (112 Stat. 419; 118

14 Stat. 879) is amended—

15 (A) by striking ‘‘2003, and’’ and inserting

16 ‘‘2003,’’; and

17 (B) by inserting after ‘‘2004’’ the fol18 lowing: ‘‘, and $33,333,333 for the period of

19 October 1, 2004, through May 31, 2005’’.

20 (3) TRAINING AND EDUCATION.—Section

21 5001(a)(3) of such Act (112 Stat. 420; 118 Stat.

22 879) is amended—

23 (A) by striking ‘‘2003, and’’ and inserting

24 ‘‘2003,’’; and
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1 (B) by inserting after ‘‘2004’’ the fol2 lowing: ‘‘, and $13,333,333 for the period of

3 October 1, 2004, through May 31, 2005’’.

4 (4) BUREAU OF TRANSPORTATION STATIS5 TICS.—Section 5001(a)(4) of such Act (112 Stat.

6 420; 118 Stat. 879) is amended by inserting before

7 the period at the end the following: ‘‘, and

8 $20,666,667 for the period of October 1, 2004,

9 through May 31, 2005’’.

10 (5) ITS STANDARDS, RESEARCH, OPERATIONAL

11 TESTS, AND DEVELOPMENT.—Section 5001(a)(5) of

12 such Act (112 Stat. 420; 118 Stat. 879) is

13 amended—

14 (A) by striking ‘‘2003, and’’ and inserting

15 ‘‘2003,’’; and

16 (B) by inserting after ‘‘2004’’ the fol17 lowing: ‘‘, and $73,333,333 for the period of

18 October 1, 2004, through May 31, 2005’’.

19 (6) ITS DEPLOYMENT.—Section 5001(a)(6) of

20 such Act (112 Stat. 420; 118 Stat. 880) is

21 amended—

22 (A) by striking ‘‘2003, and’’ and inserting

23 ‘‘2003,’’; and
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1 (B) by inserting after ‘‘2004’’ the fol2 lowing: ‘‘, and $81,333,333 for the period of

3 October 1, 2004, through May 31, 2005’’.

4 (7) UNIVERSITY TRANSPORTATION RE5 SEARCH.—Section 5001(a)(7) of such Act (112 Stat.

6 420; 118 Stat. 880) is amended—

7 (A) by striking ‘‘2003, and’’ and inserting

8 ‘‘2003,’’; and

9 (B) by inserting after ‘‘2004’’ the fol10 lowing: ‘‘, and $17,666,667 for the period of

11 October 1, 2004, through May 31, 2005’’.

12 (c) METROPOLITAN PLANNING.—

13 (1) AUTHORIZATION OF CONTRACT AUTHOR14 ITY.—There shall be available from the Highway

15 Trust Fund (other than the Mass Transit Account)

16 to carry out section 134 of title 23, United States

17 Code, $145,000,000 for the period of October 1,

18 2004, through May 31, 2005.

19 (2) DISTRIBUTION OF FUNDS.—The Secretary

20 shall distribute funds made available by this sub21 section to the States in accordance with section

22 104(f)(2) of title 23, United States Code.

23 (3) CONTRACT AUTHORITY.—Funds made

24 available by this subsection shall be available for ob25 ligation in the same manner as if such funds were
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1 apportioned under chapter 1 of title 23, United

2 States Code, and shall be subject to a limitation on

3 obligations for Federal-aid highways and highway

4 safety construction programs.

5 (d) TERRITORIES.—Section 1101(d)(1) of the Trans6 portation Equity Act for the 21st Century (112 Stat. 111–

7 115; 117 Stat. 1116; 118 Stat. 880) is amended by insert8 ing after ‘‘2004’’ the following: ‘‘and $24,266,667 for the

9 period of October 1, 2004, through May 31, 2005’’.

10 (e) ALASKA HIGHWAY.—Section 1101(e)(1) of such

11 Act (117 Stat. 1116; 118 Stat. 880) is amended by insert12 ing after ‘‘2004’’ the following: ‘‘and $12,533,333 for the

13 period of October 1, 2004, through May 31, 2005’’.

14 (f) OPERATION LIFESAVER.—Section 1101(f)(1) of

15 such Act (117 Stat. 1117; 118 Stat. 880) is amended by

16 inserting after ‘‘2004’’ the following: ‘‘and $333,333 for

17 the period of October 1, 2004, through May 31, 2005’’.

18 (g) BRIDGE DISCRETIONARY.—Section 1101(g)(1) of

19 such Act (117 Stat. 1117; 118 Stat. 880) is amended by

20 inserting after ‘‘2004’’ the following: ‘‘and $66,666,667

21 for the period of October 1, 2004, through May 31, 2005’’.

22 (h) INTERSTATE MAINTENANCE.—Section

23 1101(h)(1) of such Act (117 Stat. 1117; 118 Stat. 880)

24 is amended by inserting after ‘‘2004’’ the following: ‘‘and
21

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1 $66,666,667 for the period of October 1, 2004, through

2 May 31, 2005’’.

3 (i) RECREATIONAL TRAILS ADMINISTRATIVE

4 COSTS.—Section 1101(i)(1) of such Act (117 Stat. 1117;

5 118 Stat. 880) is amended by inserting after ‘‘2004’’ the

6 following: ‘‘and $500,000 for the period of October 1,

7 2004, through May 31, 2005’’.

8 (j) RAILWAY-HIGHWAY CROSSING HAZARD ELIMI9 NATION IN HIGH SPEED RAIL CORRIDORS.—Section

10 1101(j)(1) of such Act (117 Stat. 1118; 118 Stat. 881)

11 is amended—

12 (1) by inserting before ‘‘; except’’ the following:

13 ‘‘and $3,500,000 for the period of October 1, 2004,

14 through May 31, 2005’’; and

15 (2) by inserting before ‘‘for eligible’’ the fol16 lowing: ‘‘and not less than $166,667 instead of

17 $250,000 shall be available for the period of October

18 1, 2004, through May 31, 2005,’’.

19 (k) NONDISCRIMINATION.—Section 1101(k) of such

20 Act (117 Stat. 1118; 118 Stat. 881) is amended—

21 (1) in paragraph (1) by inserting after ‘‘2004’’

22 the following: ‘‘and $6,666,667 for the period of Oc23 tober 1, 2004, through May 31, 2005’’; and
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1 (2) in paragraph (2) by inserting after ‘‘2004’’

2 the following: ‘‘and $6,666,667 for the period of Oc3 tober 1, 2004, through May 31, 2005’’.

4 (l) ADMINISTRATION OF FUNDS.—Funds authorized

5 by the amendments made by this section shall be adminis6 tered as if the funds had been apportioned, allocated, de7 ducted, or set aside, as the case may be, under title 23,

8 United States Code, except that the deductions under sec9 tions 104(a)(1)(A) and 104(a)(1)(B) of such title shall not

10 apply to funds made available by the amendment made

11 by subsection (a)(1) of this section.

12 (m) REDUCTION OF ALLOCATED PROGRAMS.—The

13 Secretary of Transportation shall reduce the amount that

14 would be made available, but for this section, for fiscal

15 year 2005 for allocation under a program, that is contin16 ued both by a multiyear law reauthorizing such program

17 enacted after the date of enactment of this Act and by

18 this section, by the amount made available for such pro19 gram by this section.

20 (n) PROGRAM CATEGORY RECONCILIATION.—The

21 Secretary may establish procedures under which funds al22 located under this section for fiscal year 2005 for a pro23 gram category for which funds are not authorized for fis24 cal year 2005 under a multiyear law reauthorizing the

25 Federal-aid highway program enacted after the date of en-
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1 actment of this Act may be restored to the Federal-aid

2 highway program.

3 SEC. 6. EXTENSION OF HIGHWAY SAFETY PROGRAMS.

4 (a) CHAPTER 1 HIGHWAY SAFETY PROGRAMS.—

5 (1) SEAT BELT SAFETY INCENTIVE GRANTS.—

6 Section 157 of title 23, United States Code, is

7 amended—

8 (A) in subsection (a)(3) by striking

9 ‘‘2002’’ and inserting ‘‘2003’’;

10 (B) in subsection (a)(8)(B) by striking

11 ‘‘2002’’ and inserting ‘‘2003’’;

12 (C) in subsection (b) by striking ‘‘2003’’

13 and inserting ‘‘2005’’;

14 (D) in subsection (c)(1) by striking

15 ‘‘2003’’ and inserting ‘‘2004’’;

16 (E) in subsection (c)(2) by striking

17 ‘‘2003’’ and inserting ‘‘2004’’;

18 (F) in subsection (f)(4) by striking ‘‘2003’’

19 and inserting ‘‘2004’’;

20 (G) in subsection (g)(1)—

21 (i) by striking ‘‘and’’; and

22 (ii) by inserting before the period at

23 the end the following: ‘‘, and $74,666,667

24 for the period of October 1, 2004, through

25 May 31, 2005’’;
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1 (H) in the heading to subsection (g)(3)(B)

2 by striking ‘‘2004’’ and inserting ‘‘2005’’; and

3 (I) in subsection (g)(3)(B) by striking

4 ‘‘2004’’ and inserting ‘‘2005’’.

5 (2) PREVENTION OF INTOXICATED DRIVER IN6 CENTIVE GRANTS.—Section 163(e)(1) of such title is

7 amended—

8 (A) by striking ‘‘and’’; and

9 (B) by inserting before the period at the

10 end the following: ‘‘, and $73,333,333 for the

11 period of October 1, 2004, through May 31,

12 2005’’.

13 (b) CHAPTER 4 HIGHWAY SAFETY PROGRAMS.—Sec14 tion 2009(a)(1) of the Transportation Equity Act for the

15 21st Century (112 Stat. 337; 118 Stat. 886) is

16 amended—

17 (1) by striking ‘‘and’’; and

18 (2) by inserting before the period at the end the

19 following: ‘‘, and $110,000,000 for the period of Oc20 tober 1, 2004, through May 31, 2005’’.

21 (c) HIGHWAY SAFETY RESEARCH AND DEVELOP22 MENT.—Section 2009(a)(2) of such Act (112 Stat. 337;

23 118 Stat. 886) is amended by inserting after ‘‘2004’’ the

24 following: ‘‘, and $48,000,000 for the period of October

25 1, 2004, through May 31, 2005’’.
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1 (d) OCCUPANT PROTECTION INCENTIVE GRANTS.—

2 Section 2009(a)(3) of such Act (112 Stat. 337; 118 Stat.

3 886) is amended—

4 (1) by striking ‘‘and’’ the last place it appears;

5 and

6 (2) by inserting before the period at the end the

7 following: ‘‘, and $13,333,333 for the period of Oc8 tober 1, 2004, through May 31, 2005’’.

9 (e) ALCOHOL-IMPAIRED DRIVING COUNTER10 MEASURES INCENTIVE GRANTS.—

11 (1) EXTENSION OF PROGRAM.—Section 410 of

12 title 23, United States Code, is amended—

13 (A) in subsection (a)(3) by striking ‘‘7’’

14 and inserting ‘‘8’’; and

15 (B) in subsection (a)(4)(C) by striking

16 ‘‘and seventh’’ and inserting ‘‘, seventh, and

17 eighth’’.

18 (2) AUTHORIZATION OF APPROPRIATIONS.—

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

20 Stat. 886) is amended—

21 (A) by striking ‘‘and’’ the last place it ap22 pears; and

23 (B) by inserting before the period at the

24 end the following: ‘‘, and $26,666,667 for the
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1 period of October 1, 2004, through May 31,

2 2005’’.

3 (f) NATIONAL DRIVER REGISTER.—Section

4 2009(a)(6) of such Act (112 Stat. 338; 118 Stat. 886)

5 is amended by inserting after ‘‘2004’’ the following: ‘‘, and

6 $2,400,000 for the period of October 1, 2004, through

7 May 31, 2005’’.

8 (g) ALLOCATIONS.—Section 2009(b) of such Act

9 (112 Stat. 338) is amended—

10 (1) in paragraph (1) by striking ‘‘2004’’ and in11 serting ‘‘2005’’; and

12 (2) in paragraph (2) by striking ‘‘2004’’ and in13 serting ‘‘2005’’.

14 (h) APPLICABILITY OF TITLE 23.—Section 2009(c)

15 of such Act (112 Stat. 338) is amended by striking

16 ‘‘2004’’ and inserting ‘‘2005’’.

17 SEC. 7. EXTENSION OF MOTOR CARRIER SAFETY ADMINIS18 TRATION PROGRAM.

19 (a) ADMINISTRATIVE EXPENSES.—

20 (1) IN GENERAL.—There shall be available

21 from the Highway Trust Fund (other than the Mass

22 Transit Account) for the Secretary of Transpor23 tation to pay administrative expenses of the Federal

24 Motor Carrier Safety Administration $160,552,536
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1 for the period of October 1, 2004, through May 31,

2 2005.

3 (2) USE OF FUNDS.—Funds authorized by this

4 subsection may be used for personnel costs; adminis5 trative infrastructure; rent; information technology;

6 and programs for research and technology, regu7 latory development, and other operating expenses

8 and similar matters. Such funds available may also

9 be used to make grants to, or enter into contracts

10 with, States, local governments, or other persons for

11 implementation of the Commercial Driver’s License

12 Improvement Grants and the Border Enforcement

13 Grants programs.

14 (b) MOTOR CARRIER SAFETY ASSISTANCE PRO15 GRAM.—Section 31104(a) of title 49, United States Code,

16 is amended by adding at the end the following:

17 ‘‘(8) Not more than $112,512,329 for the pe18 riod of October 1, 2004, through May 31, 2005.’’.

19 (c) INFORMATION SYSTEMS AND COMMERCIAL DRIV20 ER’S LICENSE GRANTS.—

21 (1) AUTHORIZATION OF APPROPRIATION.—Sec22 tion 31107(a) of such title is amended—

23 (A) by striking ‘‘and’’ at the end of para24 graph (4);
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1 (B) by striking the period at the end of

2 paragraph (5) and inserting ‘‘; and’’; and

3 (C) by adding at the end the following:

4 ‘‘(6) $13,315,068 for the period of October 1,

5 2004 through May 31, 2005.’’.

6 (2) EMERGENCY CDL GRANTS.—From amounts

7 made available by section 31107(a) of title 49,

8 United States Code, for the period of October 1,

9 2004 through May 31, 2005, the Secretary of

10 Transportation may make grants of up to $665,753

11 to a State whose commercial driver’s license pro12 gram may fail to meet the compliance requirements

13 of section 31311(a) of such title.

14 (d) CRASH CAUSATION STUDY.—There shall be avail15 able from the Highway Trust Fund (other than the Mass

16 Transit Account) for the Federal Motor Carrier Safety

17 Administration to continue the crash causation study re18 quired by section 224 of the Motor Carrier Safety Im19 provement Act of 1999 (49 U.S.C. 31100 note; 113 Stat.

20 1770–1771), $665,753 for the period of October 1, 2004

21 through May 31, 2005.

22 (e) CONTRACT AUTHORITY.—Funds made available

23 by this section shall be available for obligation in the same

24 manner as if such funds were apportioned under chapter

25 1 of title 23, United States Code.
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1 (f) RULE STAY.—The hours-of-service regulations

2 applicable to property-carrying commercial drivers con3 tained in the Final Rule published on April 28, 2003 (68

4 Fed. Reg. 22456-22517), as amended on September 30,

5 2003 (68 Fed. Reg. 56208-56212), and made applicable

6 to motor carriers and drivers on January 4, 2004, shall

7 be in effect until the earlier of—

8 (1) the effective date of a new final rule ad9 dressing the issues raised by the July 16, 2004, de10 cision of the United States Court of Appeals for the

11 District of Columbia in Public Citizen, et al. v. Fed12 eral Motor Carrier Safety Administration (No. 03-

13 1165); or

14 (2) September 30, 2005.

15 SEC. 8. EXTENSION OF FEDERAL TRANSIT PROGRAMS.

16 (a) ALLOCATING AMOUNTS.—Section 5309(m) of

17 title 49, United States Code, is amended—

18 (1) in the matter preceding subparagraph (A)

19 of paragraph (1) by inserting ‘‘and for the period of

20 October 1, 2004, through May 31, 2005’’ after

21 ‘‘2004’’;

22 (2) in paragraph (2)(B) by inserting after

23 clause (ii) the following:

24 ‘‘(iii) OCTOBER 1, 2004 THROUGH MAY

25 31, 2005.—Of the amounts made available
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1 under paragraph (1)(B), $6,933,333 shall

2 be available for the period of October 1,

3 2004, through May 31, 2005, for capital

4 projects described in clause (i).’’;

5 (3) in paragraph (3)(B) by inserting after

6 ‘‘2004’’ the following: ‘‘(and $2,000,000 shall be

7 available for the period October 1, 2004, through

8 May 31, 2005)’’; and

9 (4) in paragraph (3)(C) by inserting after

10 ‘‘2004)’’ the following: ‘‘, and $33,333,333 shall be

11 available for the period October 1, 2004, through

12 May 31, 2005,’’.

13 (b) APPORTIONMENT OF APPROPRIATIONS FOR

14 FIXED GUIDEWAY MODERNIZATION.—The Secretary of

15 Transportation shall determine the amount that each ur16 banized area is to be apportioned for fixed guideway mod17 ernization under section 5337 of title 49, United States

18 Code, on a pro rata basis to reflect the partial fiscal year

19 2005 funding made available by sections

20 5338(b)(2)(A)(vii) and 5338(b)(2)(B)(vii) of such title.

21 (c) FORMULA GRANTS AUTHORIZATIONS.—Section

22 5338(a) of such title is amended—

23 (1) in the heading to paragraph (2) by inserting

24 ‘‘AND FOR THE PERIOD OF OCTOBER 1, 2004,

25 THROUGH MAY 31, 2005’’ after ‘‘2004’’;
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1 (2) by striking ‘‘and’’ at the end of paragraphs

2 (2)(A)(v) and (2)(B)(v);

3 (3) by striking the period at the end of para4 graphs (2)(A)(vi) and (2)(B)(vi) and inserting ‘‘;

5 and’’;

6 (4) by adding at the end of paragraph (2)(A)

7 the following:

8 ‘‘(vii) $2,201,760,000 for the period

9 of October 1, 2004, through May 31,

10 2005.’’;

11 (5) by adding at the end in paragraph (2)(B)

12 the following:

13 ‘‘(vii) $550,440,000 for the period of

14 October 1, 2004, through May 31, 2005.’’;

15 and

16 (6) in paragraph (2)(C) by striking ‘‘2003’’ and

17 inserting the following: ‘‘2005 (other than for the

18 period of October 1, 2004, through May 31, 2005)’’.

19 (d) ALLOCATION OF FORMULA GRANT FUNDS FOR

20 OCTOBER 1, 2004, THROUGH MAY 31, 2005.—Of the ag21 gregate of amounts made available by and appropriated

22 under section 5338(a)(2) of title 49, United States Code,

23 for the period of October 1, 2004, through May 31,

24 2005—
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1 (1) $3,233,300 shall be available to the Alaska

2 Railroad for improvements to its passenger oper3 ations under section 5307 of such title;

4 (2) $33,333,333 shall be available for clean

5 fuels formula grants under section 5308 of such

6 title;

7 (3) $65,064,001 shall be available to provide

8 transportation services to elderly individuals and in9 dividuals with disabilities under section 5310 of such

10 title;

11 (4) $172,690,702 shall be available to provide

12 financial assistance for other than urbanized areas

13 under section 5311 of such title;

14 (5) $4,633,333 shall be available to provide fi15 nancial assistance in accordance with section

16 3038(g) of the Transportation Equity Act for the

17 21st Century; and

18 (6) $2,473,245,331 shall be available to provide

19 financial assistance for urbanized areas under sec20 tion 5307 of such title.

21 (e) CAPITAL PROGRAM AUTHORIZATIONS.—Section

22 5338(b) of such title is amended—

23 (1) in the heading to paragraph (2) by inserting

24 ‘‘AND FOR THE PERIOD OF OCTOBER 1, 2004,

25 THROUGH MAY 31, 2005’’ after ‘‘2004’’;
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1 (2) by striking ‘‘and’’ at the end of paragraphs

2 (2)(A)(v) and (2)(B)(v);

3 (3) by striking the period at the end of para4 graphs (2)(A)(vi) and (2)(B)(vi) and inserting ‘‘;

5 and’’;

6 (4) by adding at the end of paragraph (2)(A)

7 the following:

8 ‘‘(vii) $1,740,960,000 for the period

9 of October 1, 2004, through May 31,

10 2005.’’; and

11 (5) by adding at the end of paragraph (2)(B)

12 the following:

13 ‘‘(vii) $435,240,000 for the period of

14 October 1, 2004, through May 31, 2005.’’.

15 (f) PLANNING AUTHORIZATIONS AND ALLOCA16 TIONS.—Section 5338(c) is amended—

17 (1) in the heading to paragraph (2) by inserting

18 ‘‘AND FOR THE PERIOD OF OCTOBER 1, 2004,

19 THROUGH MAY 31, 2005’’ after ‘‘2004’’;

20 (2) by striking ‘‘and’’ at the end of paragraphs

21 (2)(A)(v) and (2)(B)(v);

22 (3) by striking the period at the end of para23 graphs (2)(A)(vi) and (2)(B)(vi) and inserting ‘‘;

24 and’’;
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1 (4) by adding at the end of paragraph (2)(A)

2 the following:

3 ‘‘(vii) $41,813,334 for the period of

4 October 1, 2004, through May 31, 2005.’’;

5 (5) by adding at the end of paragraph (2)(B)

6 the following:

7 ‘‘(vii) $10,453,333 for the period of

8 October 1, 2004, through May 31, 2005.’’;

9 and

10 (6) in paragraph (2)(C) by inserting ‘‘or any

11 portion of a fiscal year’’ after ‘‘fiscal year’’.

12 (g) RESEARCH AUTHORIZATIONS.—Section 5338(d)

13 of such title is amended—

14 (1) in the heading to paragraph (2) by inserting

15 ‘‘AND FOR THE PERIOD OF OCTOBER 1, 2004,

16 THROUGH MAY 31, 2005’’ after ‘‘2004’’;

17 (2) by striking ‘‘and’’ at the end of paragraphs

18 (2)(A)(v) and (2)(B)(v);

19 (3) by striking the period at the end of para20 graphs (2)(A)(vi) and (2)(B)(vi) and inserting ‘‘;

21 and’’;

22 (4) by adding at the end of paragraph (2)(A)

23 the following:

24 ‘‘(vii) $28,266,667 for the period of

25 October 1, 2004, through May 31, 2005.’’;
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1 (5) by adding at the end of paragraph (2)(B)

2 the following:

3 ‘‘(vii) $7,066,667 for the period of

4 October 1, 2004, through May 31, 2005.’’;

5 and

6 (6) in paragraph (2)(C) by inserting after ‘‘a

7 fiscal year’’ the following: ‘‘(other than for the pe8 riod of October 1, 2004, through May 31, 2005)’’.

9 (h) ALLOCATION OF RESEARCH FUNDS FOR OCTO10 BER 1, 2004, THROUGH MAY 31, 2005.—Of the funds

11 made available by or appropriated under section

12 5338(d)(2) of title 49, United States Code, for the period

13 of October 1, 2004, through May 31, 2005—

14 (1) not less than $3,500,000 shall be available

15 for providing rural transportation assistance under

16 section 5311(b)(2) of such title;

17 (2) not less than $5,500,000 shall be available

18 for carrying out transit cooperative research pro19 grams under section 5313(a) of such title;

20 (3) not less than $2,666,667 shall be available

21 to carry out programs under the National Transit

22 Institute under section 5315 of such title, including

23 not more than $666,667 shall be available to carry

24 out section 5315(a)(16) of such title; and
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1 (4) any amounts not made available under

2 paragraphs (1) through (3) shall be available for

3 carrying out national planning and research pro4 grams under sections 5311(b)(2), 5312, 5313(a),

5 5314, and 5322 of such title.

6 (i) UNIVERSITY TRANSPORTATION RESEARCH AU7 THORIZATIONS.—Section 5338(e) of such title is

8 amended—

9 (1) in the heading to paragraph (2) by inserting

10 ‘‘AND FOR THE PERIOD OF OCTOBER 1, 2004,

11 THROUGH MAY 31, 2005’’ after ‘‘2004’’;

12 (2) in paragraph (2)(A) by inserting after

13 ‘‘2004’’ the following: ‘‘and $3,200,000 for the pe14 riod of October 1, 2004, through May 31, 2005’’;

15 (3) in paragraph (2)(B) by inserting after

16 ‘‘2004’’ the following: ‘‘and $800,000 for the period

17 of October 1, 2004, through May 31, 2005’’; and

18 (4) in paragraphs (2)(C)(i) and (2)(C)(iii) by

19 inserting after ‘‘fiscal year’’ the following: ‘‘(other

20 than for the period of October 1, 2004, through May

21 31, 2005)’’.

22 (j) ALLOCATION OF UNIVERSITY TRANSPORTATION

23 RESEARCH FUNDS.—

24 (1) IN GENERAL.—Of the amounts made avail25 able under section 5338(e)(2)(A) of title 49, United
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1 States Code, for the period October 1, 2004,

2 through May 31, 2005—

3 (A) $1,333,333 shall be available for the

4 center identified in section 5505(j)(4)(A) of

5 such title; and

6 (B) $1,333,333 shall be available for the

7 center identified in section 5505(j)(4)(F) of

8 such title.

9 (2) TRAINING AND CURRICULUM DEVELOP10 MENT.—Notwithstanding section 5338(e)(2) of such

11 title, any amounts made available under such section

12 for the period October 1, 2004, through May 31,

13 2005, that remain after distribution under para14 graph (1), shall be available for the purposes identi15 fied in section 3015(d) of the Transportation Equity

16 Act for the 21st Century (112 Stat. 857).

17 (3) CONFORMING AMENDMENT.—Section

18 3015(d)(2) of the Transportation Equity Act for the

19 21st Century (112 Stat. 857; 118 Stat. 884) is

20 amended by inserting ‘‘or in the period October 1,

21 2004, through May 31, 2005’’ after ‘‘2004’’.

22 (k) ADMINISTRATION AUTHORIZATIONS.—Section

23 5338(f) of such title is amended—
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1 (1) in the heading to paragraph (2) by inserting

2 ‘‘AND FOR THE PERIOD OF OCTOBER 1, 2004,

3 THROUGH MAY 31, 2005’’ after ‘‘2004’’;

4 (2) by striking ‘‘and’’ at the end of paragraphs

5 (2)(A)(v) and (2)(B)(v);

6 (3) by striking the period at the end of para7 graphs (2)(A)(vi) and (2)(B)(vi) and inserting ‘‘;

8 and’’;

9 (4) by adding at the end of paragraph (2)(A)

10 the following:

11 ‘‘(vii) $41,600,000 for the period of

12 October 1, 2004, through May 31, 2005.’’;

13 and

14 (5) by adding at the end of paragraph (2)(B)

15 the following:

16 ‘‘(vii) $10,400,000 for the period of

17 October 1, 2004, through May 31, 2005.’’.

18 (l) JOB ACCESS AND REVERSE COMMUTE PRO19 GRAM.—Section 3037(l) of the Transportation Equity Act

20 for the 21st Century (49 U.S.C. 5309 note; 112 Stat.

21 391–392; 118 Stat. 884) is amended—

22 (1) by striking ‘‘and’’ at the end of paragraphs

23 (1)(A)(v) and (1)(B)(v);
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1 (2) by striking the period at the end of para2 graphs (1)(A)(vi) and (1)(B)(vi) and inserting ‘‘;

3 and’’;

4 (3) by adding at the end of paragraph (1)(A)

5 the following:

6 ‘‘(vii) $80,000,000 for the period of

7 October 1, 2004, through May 31, 2005.’’;

8 (4) by adding at the end of paragraph (1)(B)

9 the following:

10 ‘‘(vii) $20,000,000 for the period of

11 October 1, 2004, through May 31, 2005.’’;

12 and

13 (5) by inserting before the period at the end of

14 paragraph (2) the following: ‘‘; except that in the pe15 riod of October 1, 2004, through May 31, 2005, not

16 more than $6,666,667 shall be used for such

17 projects’’.

18 (m) RURAL TRANSPORTATION ACCESSIBILITY IN19 CENTIVE PROGRAM.—Section 3038(g) of such Act (49

20 U.S.C. 5310 note; 112 Stat. 393; 118 Stat. 885) is

21 amended—

22 (1) by adding at the end of paragraph (1) the

23 following:

24 ‘‘(G) $3,500,000 for the period of October

25 1, 2004, through May 31, 2005.’’; and
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1 (2) in paragraph (2) by inserting after ‘‘2004’’

2 the following: ‘‘(and $1,133,333 shall be available

3 for the period of October 1, 2004, through May 31,

4 2005)’’.

5 (n) URBANIZED AREA FORMULA GRANTS.—Section

6 5307(b) of title 49, United States Code, is amended—

7 (1) in the heading to paragraph (2) by inserting

8 ‘‘AND FOR THE PERIOD OF OCTOBER 1, 2004,

9 THROUGH MAY 31, 2005’’ after ‘‘2004’’; and

10 (2) in paragraph (2)(A) by inserting ‘‘and for

11 the period of October 1, 2004, through May 31,

12 2005’’ after ‘‘2004,’’.

13 (o) OBLIGATION CEILING.—Section 3040 of the

14 Transportation Equity Act for the 21st Century (112

15 Stat. 394; 118 Stat. 885) is amended—

16 (1) by striking ‘‘and’’ at the end of paragraph

17 (5);

18 (2) by striking the period at the end of para19 graph (6) and inserting ‘‘; and’’; and

20 (3) by adding at the end the following:

21 ‘‘(7) $5,172,000,000 for the period of October

22 1, 2004, through May 31, 2005.’’.

23 (p) FUEL CELL BUS AND BUS FACILITIES PRO24 GRAM.—Section 3015(b) of such Act (112 Stat. 361; 118

25 Stat. 885) is amended by inserting ‘‘(or, in the case of
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1 the period of October 1, 2004, through May 31, 2005,

2 $3,233,333)’’ after ‘‘$4,850,000’’.

3 (q) ADVANCED TECHNOLOGY PILOT PROJECT.—Sec4 tion 3015(c)(2) of such Act (49 U.S.C. 322 note; 112

5 Stat. 361; 118 Stat. 885) is amended—

6 (1) by inserting ‘‘and for the period of October

7 1, 2004, through May 31, 2005,’’ after ‘‘2004,’’;

8 and

9 (2) by inserting ‘‘and $3,333,333 for such pe10 riod’’ after ‘‘$5,000,000 per fiscal year’’.

11 (r) PROJECTS FOR NEW FIXED GUIDEWAY SYSTEMS

12 AND EXTENSIONS TO EXISTING SYSTEMS.—Section 3030

13 of such Act (112 Stat. 373–381; 118 Stat. 885) is

14 amended—

15 (1) in subsections (a) and (b) by inserting ‘‘and

16 for the period of October 1, 2004, through May 31,

17 2005,’’ after ‘‘2004’’; and

18 (2) in subsection (c)(1) by inserting ‘‘and for

19 the period of October 1, 2004, through May 31,

20 2005’’ after ‘‘2004’’.

21 (s) NEW JERSEY URBAN CORE PROJECT.—Subpara22 graphs (A), (B), and (C) of section 3031(a)(3) of the

23 Intermodal Surface Transportation Efficiency Act of 1991

24 (105 Stat. 2122; 112 Stat. 379; 118 Stat. 885) are
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1 amended by inserting ‘‘and for the period of October 1,

2 2004, through May 31, 2005,’’ after ‘‘2004,’’.

3 (t) TREATMENT OF FUNDS.—Amounts made avail4 able under the amendments made by this section shall be

5 treated for purposes of section 1101(b) of the Transpor6 tation Equity Act for the 21st Century (23 U.S.C. 101

7 note) as amounts made available for programs under title

8 III of such Act.

9 (u) LOCAL SHARE.—Section 3011(a) of the Trans10 portation Equity Act for the 21st Century (49 U.S.C.

11 5307 note; 118 Stat. 637; 118 Stat. 708; 118 Stat. 886)

12 is amended by inserting ‘‘and for the period of October

13 1, 2004, through May 31, 2005’’ after ‘‘2004’’.

14 SEC. 9. SPORT FISHING AND BOATING SAFETY.

15 (a) FUNDING FOR NATIONAL OUTREACH AND COM16 MUNICATIONS PROGRAM.—Section 4(c) of the Dingell17 Johnson Sport Fish Restoration Act (16 U.S.C. 777c(c))

18 is amended—

19 (1) by striking ‘‘and’’ at the end of paragraph

20 (5);

21 (2) by inserting ‘‘and’’ after the semicolon at

22 the end of paragraph (6); and

23 (3) by inserting after paragraph (6) the fol24 lowing:
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1 ‘‘(7) $6,666,664 for the period of October 1,

2 2004, through May 31, 2005;’’.

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

4 such Act (16 U.S.C. 777c(b)) is amended—

5 (1) in paragraph (4) by striking the paragraph

6 heading and inserting ‘‘FISCAL YEAR 2004’’;

7 (2) by redesignating paragraph (5) as para8 graph (6); and

9 (3) by inserting after paragraph (4) the fol10 lowing:

11 ‘‘(5) FIRST 8 MONTHS OF FISCAL YEAR 2005.—

12 For the period of October 1, 2004, through May 31,

13 2005, of the balance of each annual appropriation

14 remaining after making the distribution under sub15 section (a), an amount equal to $54,666,664, re16 duced by 82 percent of the amount appropriated for

17 that fiscal year from the Boat Safety Account of the

18 Aquatic Resources Trust Fund established by sec19 tion 9504 of the Internal Revenue Code of 1986 to

20 carry out the purposes of section 13106(a) of title

21 46, United States Code, shall be used as follows:

22 ‘‘(A) $6,666,664 shall be available to the

23 Secretary of the Interior for 3 fiscal years for

24 obligation for qualified projects under section
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1 5604(c) of the Clean Vessel Act of 1992 (33

2 U.S.C. 1322 note).

3 ‘‘(B) $5,333,334 shall be available to the

4 Secretary of the Interior for 3 fiscal years for

5 obligation for qualified projects under section

6 7404(d) of the Sportfishing and Boating Safety

7 Act of 1998 (16 U.S.C. 777g–1(d)).

8 ‘‘(C) The balance remaining after the ap9 plication of subparagraphs (A) and (B) shall be

10 transferred to the Secretary of Transportation

11 and shall be expended for State recreational

12 boating safety programs under section 13106 of

13 title 46, United States Code.’’.

14 (c) BOAT SAFETY FUNDS.—Section 13106(c) of title

15 46, United States Code, is amended to read as follows:

16 ‘‘(c)(1) Of the amount transferred to the Secretary

17 of Transportation under paragraph (5)(C) of section 4(b)

18 of the Dingell-Johnson Sport Fish Restoration Act (16

19 U.S.C. 777c(b)), $3,333,336 is available to the Secretary

20 for payment of expenses of the Coast Guard for personnel

21 and activities directly related to coordinating and carrying

22 out the national recreational boating safety program under

23 this title, of which $1,333,336 shall be available to the

24 Secretary only to ensure compliance with chapter 43 of

25 this title.
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1 ‘‘(2) No funds available to the Secretary under this

2 subsection may be used to replace funding traditionally

3 provided through general appropriations, nor for any pur4 poses except those purposes authorized by this section.

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

6 remain available until expended.

7 ‘‘(4) The Secretary shall publish annually in the Fed8 eral Register a detailed accounting of the projects, pro9 grams, and activities funded under this subsection.’’.

10 SEC. 10. BUDGET LIMITATIONS.

11 (a) ADJUSTMENTS TO ANNUALIZED DISCRETIONARY

12 SPENDING LIMITS.—In the matter that precedes subpara13 graph (A) of section 251(b)(2) of the Balanced Budget

14 and Emergency Deficit Control Act of 1985, strike

15 ‘‘through 2002’’.

16 (b) DISCRETIONARY SPENDING LIMITS.—Section

17 251(c) of the Balanced Budget and Emergency Deficit

18 Control Act of 1985 is amended as follows:

19 (1) Strike paragraphs (1) through (7) and re20 designate paragraph (8) (which relates to fiscal year

21 2005) as paragraph (1) and in such redesignated

22 paragraph strike ‘‘(1) with respect to fiscal year

23 2005’’, redesignate the remaining matter as sub24 paragraph (C), and before such redesignated matter

25 insert the following:
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1 ‘‘(1) with respect to fiscal year 2005—

2 ‘‘(A) for the highway category:

3 $31,113,000,000 in outlays;

4 ‘‘(B) for the mass transit category:

5 $1,453,000,000 in new budget authority and

6 $6,535,000,000 in outlays; and’’.

7 (2) Redesignate paragraphs (9) through (16) as

8 paragraphs (2) through (9).

9 (c) CATEGORY DEFINED.—Section 250(c)(4) of the

10 Balanced Budget and Emergency Deficit Control Act of

11 1985 is amended—

12 (1) in subparagraph (B) by inserting after

13 ‘‘Century’’ the following: ‘‘and the Surface Trans14 portation Extension Act of 2004, Part V’’; and

15 (2) in subparagraph (C)—

16 (A) by inserting after ‘‘Century’’ the first

17 place it appears the following: ‘‘and the Surface

18 Transportation Extension Act of 2004, Part

19 V’’; and

20 (B) by striking ‘‘that Act’’ and inserting

21 ‘‘those Acts’’.

22 (d) CONFORMANCE WITH THE CONCURRENT RESO23 LUTION ON THE BUDGET FOR FISCAL YEAR 2005.—Not24 withstanding any other provision of law, all adjustments

25 made pursuant to section 110(a)(2) of title 23, United
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1 States Code, to sums authorized to be appropriated from

2 the Highway Trust Fund (other than the Mass Transit

3 Account) to carry out each of the Federal-aid highway and

4 highway safety construction programs (other than emer5 gency relief) in fiscal year 2005 shall be deemed to be zero.

6 (e) SENSE OF CONGRESS ON ADJUSTMENT TO ALIGN

7 HIGHWAY SPENDING WITH REVENUES.—It is the sense

8 of Congress that, in any multiyear reauthorization of the

9 Federal-aid highway program, the alignment of highway

10 spending with revenues under section 251(b)(1)(B)(ii) of

11 the Balanced Budget and Emergency Deficit Control Act

12 of 1985 should be restructured to minimize year-to-year

13 fluctuations in highway spending levels and to ensure the

14 uniform enforcement of such levels.

15 (f) SENSE OF CONGRESS ON FULLY GUARANTEED

16 FUNDING.—It is the sense of Congress—

17 (1) in any multiyear law reauthorizing of the

18 Federal-aid highway program enacted after the date

19 of the enactment of this Act, the level of obligation

20 limitations for fiscal year 2005 under the highway

21 category and the mass transit category in section

22 8103 of the Transportation Equity Act for the 21st

23 Century (2 U.S.C. 901 note), as amended and ex24 tended, should equal the obligation limitations for

25 such categories authorized in such multiyear law;
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1 (2) the highway account category obligation

2 limitation level for fiscal year 2005 should be equal

3 to the sum of the Federal Highway Administration,

4 National Highway Safety Administration, and Fed5 eral Motor Carrier Safety Administration obligation

6 limitations for fiscal year 2005 in such multiyear

7 law; and

8 (3) the mass transit category obligation limita9 tion level for fiscal year 2005 should be equal to the

10 sum of budget authority and obligation limitation

11 authorizations for Federal Transit Administration

12 programs for fiscal year 2005 in such multiyear re13 authorization.

14 SEC. 11. LEVEL OF OBLIGATION LIMITATIONS.

15 (a) HIGHWAY CATEGORY.—Section 8103(a) of the

16 Transportation Equity Act for the 21st Century (2 U.S.C.

17 901 note; 112 Stat. 492; 117 Stat. 1128) is amended—

18 (1) by striking ‘‘and’’ at the end of paragraph

19 (5);

20 (2) by striking the period at the end of para21 graph (6) and inserting ‘‘; and’’; and

22 (3) by adding at the end the following:

23 ‘‘(7) for fiscal year 2005, $35,392,000,000.’’.
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1 (b) MASS TRANSIT CATEGORY.—Section 8103(b) of

2 such Act (2 U.S.C. 901 note; 112 Stat. 492; 117 Stat.

3 1128) is amended—

4 (1) by striking ‘‘and’’ at the end of paragraph

5 (5);

6 (2) by striking the period at the end of para7 graph (6) and inserting ‘‘; and’’; and

8 (3) by adding at the end the following:

9 ‘‘(7) for fiscal year 2005, $7,265,000,000.’’.

10 (c) TREATMENT OF FUNDS.—Notwithstanding any

11 other provision of law, funds made available under this

12 Act, including the amendments made by this Act, shall

13 be deemed to be zero for the purposes of section 110 of

14 the title 23, United States Code.

15 SEC. 12. EXTENSION OF HIGHWAY PROGRAMS THROUGH

16 END OF FISCAL YEAR 2004.

17 (a) ADVANCES.—Section 2(a) of the Surface Trans18 portation Extension Act of 2003 (23 U.S.C. 104 note; 117

19 Stat. 1110; 118 Stat. 876) is amended by striking ‘‘and

20 the Surface Transportation Extension Act of 2004, Part

21 IV’’ and inserting ‘‘the Surface Transportation Extension

22 Act of 2004, Part IV, and the Surface Transportation Ex23 tension Act of 2004, Part V’’.

24 (b) AUTHORIZATION OF CONTRACT AUTHORITY.—

25 Section 1101(c)(1) of the Transportation Equity Act for
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1 the 21st Century (117 Stat. 1111; 118 Stat. 876) is

2 amended by striking ‘‘the period of October 1, 2003,

3 through September 24,’’ and inserting ‘‘fiscal year’’.

4 (c) LIMITATION ON OBLIGATIONS.—Section 2(e) of

5 the Surface Transportation Extension Act of 2003 (117

6 Stat. 1111; 118 Stat. 478; 118 Stat. 876) is amended—

7 (1) by striking paragraphs (1) through (4) and

8 inserting:

9 ‘‘(1) DISTRIBUTION OF OBLIGATION AUTHOR10 ITY.—For the fiscal year 2004, the Secretary shall

11 distribute the obligation limitation made available

12 for Federal-aid highways and highway safety con13 struction programs under the heading ‘Federal-aid

14 highways’ in the Transportation, Treasury, and

15 Independent Agencies Appropriations Act, 2004 (di16 vision F of Public Law 108-199; 118 Stat. 291; 118

17 Stat. 1013), in accordance with section 110 of such

18 Act.’’; and

19 (2) by redesignating paragraph (5) as para20 graph (2).

21 (d) PERIOD OF AVAILABILITY.—Obligation authority

22 made available for fiscal year 2004 under section 2 of the

23 Surface Transportation Extension Act of 2003 as a result

24 of the amendments made by this section, that is in addi25 tion to obligation authority previously made available for
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1 fiscal year 2004 under section 2 of such Act (117 Stat.

2 1110; 118 Stat. 478; 118 Stat. 627; 118 Stat. 698; 118

3 Stat. 876), shall remain available for obligation during fis4 cal years 2004 and 2005, or for additional fiscal years

5 if so made available in a law enacted before the date of

6 enactment of this Act.

7 (e) PAYMENT FROM FUTURE APPORTIONMENTS.—

8 The Surface Transportation Extension Act of 2003 (117

9 Stat. 1110) is amended—

10 (1) by striking section 2(c) (117 Stat. 1111;

11 118 Stat. 877);

12 (2) by striking section 3(c)(1) (117 Stat. 1112)

13 and inserting the following:

14 ‘‘(1) IN GENERAL.—As soon as practicable

15 after the date of enactment of the Surface Transpor16 tation Extension Act of 2004, Part V, the Secretary

17 of Transportation shall restore any funds that a

18 State transferred under subsection (a).’’; and

19 (3) by striking section 5(n) (117 Stat. 1119;

20 118 Stat. 483; 118 Stat. 632; 118 Stat. 703; 118

21 Stat. 881).

22 (f) SUPPLEMENTAL MINIMUM GUARANTEE.—

23 (1) GENERAL RULE.—For fiscal year 2004, the

24 Secretary shall allocate among the States amounts

25 sufficient to ensure that each State’s percentage of
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1 the total apportionments for such fiscal year pursu2 ant to sections 2(a) and 5(c) of the Surface Trans3 portation Extension Act of 2003 and amounts ap4 portioned under this section shall equal the percent5 age listed for each State in section 105(b) of title

6 23, United States Code. The shares in such section

7 shall be adjusted in accordance with section 105(f)

8 of such title. The minimum amount allocated to a

9 State under this subsection for the fiscal year shall

10 be $1,000,000.

11 (2) AUTHORIZATION.—There are authorized to

12 be appropriated out of the Highway Trust Fund

13 (other than the Mass Transit Account) such sums as

14 may be necessary to carry out this subsection for fis15 cal year 2004.

16 (3) ADMINISTRATION OF FUNDS.—Funds ap17 portioned to a State under this subsection—

18 (A) shall be available for obligation in the

19 same manner as if such funds were apportioned

20 to the State under chapter 1 of title 23, United

21 States Code;

22 (B) shall be combined with funds appor23 tioned to the State for the minimum guarantee

24 program under section 2(a) of the Surface

25 Transportation Extension Act of 2003; and
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1 (C) shall be administered in the same man2 ner as funds apportioned under section 105 of

3 such title.

4 (4) OBLIGATION LIMITATION.—Funds appor5 tioned under this subsection shall be subject to any

6 limitation on obligations for Federal-aid highways

7 and highway safety construction programs.

8 (g) CALCULATION OF ESTIMATED TRUST FUND

9 CONTRIBUTIONS.—The amendment made by section 13(c)

10 of this Act shall have no effect on the estimates of tax

11 payments attributable to highway users in each State paid

12 into the Highway Trust Fund for purposes of appor13 tioning funds to States in fiscal year 2004 until enactment

14 of a multiyear law reauthorizing surface transportation

15 programs.

16 SEC. 13. EXTENSION OF AUTHORIZATION FOR USE OF

17 TRUST FUNDS FOR OBLIGATIONS UNDER

18 TEA–21.

19 (a) HIGHWAY TRUST FUND.—

20 (1) IN GENERAL.—Paragraph (1) of section

21 9503(c) of the Internal Revenue Code of 1986 is

22 amended—

23 (A) in the matter before subparagraph (A),

24 by striking ‘‘October 1, 2004’’ and inserting

25 ‘‘June 1, 2005’’,
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1 (B) by striking ‘‘or’’ at the end of subpara2 graph (I),

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

4 subparagraph (J) and inserting ‘‘, or’’,

5 (D) by inserting after subparagraph (J)

6 the following new subparagraph:

7 ‘‘(K) authorized to be paid out of the

8 Highway Trust Fund under the Surface Trans9 portation Extension Act of 2004, Part V.’’, and

10 (E) in the matter after subparagraph (K),

11 as added by this paragraph, by striking ‘‘Sur12 face Transportation Extension Act of 2004,

13 Part IV’’ and inserting ‘‘Surface Transpor14 tation Extension Act of 2004, Part V’’.

15 (2) MASS TRANSIT ACCOUNT.—Paragraph (3)

16 of section 9503(e) of such Code is amended—

17 (A) in the matter before subparagraph (A),

18 by striking ‘‘October 1, 2004’’ and inserting

19 ‘‘June 1, 2005’’,

20 (B) in subparagraph (G), by striking ‘‘or’’

21 at the end of such subparagraph,

22 (C) in subparagraph (H), by inserting ‘‘or’’

23 at the end of such subparagraph,

24 (D) by inserting after subparagraph (H)

25 the following new subparagraph:
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1 ‘‘(I) the Surface Transportation Extension

2 Act of 2004, Part V,’’, and

3 (E) in the matter after subparagraph (I),

4 as added by this paragraph, by striking ‘‘Sur5 face Transportation Extension Act of 2004,

6 Part IV’’ and inserting ‘‘Surface Transpor7 tation Extension Act of 2004, Part V’’.

8 (3) EXCEPTION TO LIMITATION ON TRANS9 FERS.—Subparagraph (B) of section 9503(b)(5) of

10 such Code is amended by striking ‘‘October 1,

11 2004’’ and inserting ‘‘June 1, 2005’’.

12 (4) CONFORMING AMENDMENT.—Subsection (a)

13 of section 10 of the Surface Transportation Exten14 sion Act of 2004, Part IV is amended by striking

15 paragraph (4).

16 (b) AQUATIC RESOURCES TRUST FUND.—

17 (1) SPORT FISH RESTORATION ACCOUNT.—

18 Paragraph (2) of section 9504(b) of the Internal

19 Revenue Code of 1986 is amended by striking ‘‘Sur20 face Transportation Extension Act of 2004, Part

21 IV’’ each place it appears and inserting ‘‘Surface

22 Transportation Extension Act of 2004, Part V’’.

23 (2) BOAT SAFETY ACCOUNT.—Subsection (c) of

24 section 9504 of such Code is amended—
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1 (A) by striking ‘‘October 1, 2004’’ and in2 serting ‘‘June 1, 2005’’, and

3 (B) by striking ‘‘Surface Transportation

4 Extension Act of 2004, Part IV’’ and inserting

5 ‘‘Surface Transportation Extension Act of

6 2004, Part V’’.

7 (3) EXCEPTION TO LIMITATION ON TRANS8 FERS.—Paragraph (2) of section 9504(d) of such

9 Code is amended by striking ‘‘October 1, 2004’’ and

10 inserting ‘‘June 1, 2005’’.

11 (c) ALL ALCOHOL FUEL TAXES TRANSFERRED TO

12 HIGHWAY TRUST FUND FOR FISCAL YEAR 2004.—Sub13 paragraphs (E) and (F) of section 9503(b)(4) (relating

14 to certain taxes not transferred to Highway Trust Fund)

15 are each amended by inserting ‘‘before October 1, 2003,

16 and for the period beginning after September 30, 2004,

17 and’’ before ‘‘before October 1, 2005’’.

18 (d) EFFECTIVE DATE.—

19 (1) IN GENERAL.—Except as provided in para20 graph (2), the amendments made by this section

21 shall take effect on the date of the enactment of this

22 Act.

23 (2) TRANSFERS TO HIGHWAY TRUST FUND.—

24 The amendments made by subsection (c) shall apply

25 to taxes imposed after September 30, 2003.
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1 (e) TEMPORARY RULE REGARDING ADJUSTMENTS.—

2 During the period beginning on the date of the enactment

3 of the Surface Transportation Extension Act of 2003 and

4 ending on May 31, 2005, for purposes of making any esti5 mate under section 9503(d) of the Internal Revenue Code

6 of 1986 of receipts of the Highway Trust Fund, the Sec7 retary of the Treasury shall treat—

8 (1) each expiring provision of paragraphs (1)

9 through (4) of section 9503(b) of such Code which

10 is related to appropriations or transfers to such

11 Fund to have been extended through the end of the

12 24-month period referred to in section

13 9503(d)(1)(B) of such Code, and

14 (2) with respect to each tax imposed under the

15 sections referred to in section 9503(b)(1) of such

16 Code, the rate of such tax during the 24-month pe17 riod referred to in section 9503(d)(1)(B) of such

18 Code to be the same as the rate of such tax as in

19 effect on the date of the enactment of the Surface

20 Transportation Extension Act of 2003.

21 (f) APPORTIONMENT OF HIGHWAY TRUST FUNDS

22 FOR FISCAL YEAR 2004.—Section 9503(d)(3) of the Inter23 nal Revenue Code of 1986 shall not apply to any appor24 tionment to the States of the amounts authorized to be
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1 appropriated from the Highway Trust Fund for the fiscal

2 year ending September 30, 2004.

Passed the House of Representatives September 30,

2004.

Attest:

Clerk.
108TH CONGRESS

2D SESSION H. R. 5183

AN ACT

To provide an extension of highway, highway safeTransportation Equity Act for the 21st Century. pending enactment of a law reauthorizing the grams funded out of the Highway Trust Fund ty, motor carrier safety, transit, and other pro-