I 

108TH CONGRESS 

2D SESSION H. R. 5183

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. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 29, 2004

Mr. YOUNG of Alaska (for himself, Mr. OBERSTAR, Mr. PETRI, and Mr. LIPINSKI) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on the Budget, Ways and Means, Resources, and Science, for a 

period to be subsequently determined by the Speaker, in each case for 

consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL

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.

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’’. 
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1 SEC. 2. ADVANCES. 

2 (a) IN GENERAL.—

3 (1) APPORTIONMENT RATIO.—Except as pro4 vided in paragraph (2), the Secretary of Transpor5 tation shall apportion funds made available under 

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

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

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

9 that—

10 (A) the State’s total fiscal year 2004 obli11 gation authority for funds apportioned for the 

12 Federal-aid highway program; bears to 

13 (B) all States’ total fiscal year 2004 obli14 gation authority for funds apportioned for the 

15 Federal-aid highway program. 

16 (2) EXCEPTION.—The ratios determined under 

17 this subsection shall be subject to the same adjust18 ments as the adjustments made under section 105(f) 

19 of title 23, United States Code. 

20 (b) PROGRAMMATIC DISTRIBUTIONS.—

21 (1) PROGRAMS.—Of the funds to be appor22 tioned to each State under subsection (a), the Sec23 retary shall ensure that the State is apportioned an 

24 amount of the funds, determined under paragraph 

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

26 National Highway System program, the bridge pro-
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1 gram, the surface transportation program, the con2 gestion mitigation and air quality improvement pro3 gram, the recreational trails program, the Appa4 lachian development highway system program, and 

5 the minimum guarantee. 

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

7 shall be apportioned under this subsection for each 

8 item referred to in paragraph (1) shall be deter9 mined by multiplying—

10 (A) the amount apportioned to the State 

11 under subsection (a); by 

12 (B) the ratio that—

13 (i) the amount of funds apportioned 

14 for the item to the State for fiscal year 

15 2004; bears to 

16 (ii) the total of the amount of funds 

17 apportioned for the items to the State for 

18 fiscal year 2004. 

19 (3) ADMINISTRATION OF FUNDS.—Funds au20 thorized by the amendment made under subsection 

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

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

23 case may be, under title 23, United States Code; ex24 cept that the deductions and set-asides in the fol25 lowing sections of such title shall not apply to such 
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1 funds: sections 104(a)(1)(A), 104(a)(1)(B), 

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

3 104(h)(1), 118(c)(1), 140(b), 140(c), and 144(g)(1). 

4 (4) SPECIAL RULES FOR MINIMUM GUAR5 ANTEE.—In carrying out the minimum guarantee 

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

7 with funds apportioned under this section for the 

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

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

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

11 amounts apportioned to the States under this sec12 tion for the minimum guarantee shall be treated, for 

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

14 available under section 105 of such title. 

15 (5) EXTENSION OF OFF-SYSTEM BRIDGE SET16 ASIDE.—Section 144(g)(3) of title 23, United States 

17 Code, is amended by inserting after ‘‘2004’’ the fol18 lowing: ‘‘and in the period of October 1, 2004, 

19 through May 31, 2005,’’. 

20 (c) REPAYMENT FROM FUTURE APPORTION21 MENTS.—

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

23 the amount that would be apportioned, but for this 

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

25 title 23, United States Code, for fiscal year 2005, 
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1 under a multiyear law reauthorizing the Federal-aid 

2 highway program enacted after the date of enact3 ment of this Act by the amount that is apportioned 

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

5 for each such program. 

6 (2) PROGRAM CATEGORY RECONCILIATION.—

7 The Secretary may establish procedures under which 

8 funds apportioned under subsection (a) for a pro9 gram category for which funds are not authorized 

10 under a law described in paragraph (1) may be re11 stored to the Federal-aid highway program. 

12 (d) AUTHORIZATION OF CONTRACT AUTHORITY.—

13 Section 1101 of the Transportation Equity Act for the 

14 21st Century (112 Stat. 111–115; 117 Stat. 1118; 118 

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

16 ‘‘(l) ADVANCE AUTHORIZATION FOR FISCAL YEAR

17 2005.—

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

19 from the Highway Trust Fund (other than the Mass 

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

21 Surface Transportation Extension Act of 2004, Part 

22 V $21,311,774,667 for the period of October 1, 

23 2004, through May 31, 2005. 

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

25 section 2(a) of the Surface Transportation Exten-
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1 sion Act of 2004, Part V shall be subject to a limita2 tion on obligations for Federal-aid highways and 

3 highway safety construction programs. 

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

5 available by this subsection shall be available for ob6 ligation in the same manner as if such funds were 

7 apportioned under chapter 1 of title 23, United 

8 States Code.’’. 

9 (e) LIMITATION ON OBLIGATIONS.—

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

11 upon enactment of an Act making appropriations for 

12 the Department of Transportation for fiscal year 

13 2005 (other than an Act or resolution making con14 tinuing appropriations), the Secretary shall distribute 8 15 ⁄12 of the obligation limitation for Federal16 aid highways and highway safety construction pro17 grams provided by such Act according to the provi18 sions of such Act. 

19 (2) EXCEPTIONS.—

20 (A) DETERMINATION OF AMOUNTS.—Any 

21 instruction in such Act that would require the 

22 distribution or reservation of obligation limita23 tion prior to distributing the remainder of the 

24 obligation limitation to the States shall be exe25 cuted as if the program, project, or activity for 
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1 which obligation limitation is so distributed or 

2 reserved was authorized at an amount equiva3 lent to the greater of—

4 (i) the amount authorized for such 

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

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

7 or limitation set on such program, project, 

8 or activity in the Act making appropria9 tions for the Department of Transpor10 tation for fiscal year 2005. 

11 (B) MINIMUM GUARANTEE.—Obligations 

12 for the period October 1, 2004, through May 

13 31, 2005, shall not exceed the obligation limita14 tion distributed by this subsection, except that 

15 this limitation shall not apply to $426,000,000 

16 in obligations for minimum guarantee for such 

17 period. 

18 (3) TIME PERIOD FOR OBLIGATIONS.—After 

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

20 Federal-aid highway program project until the date 

21 of enactment of a multiyear law reauthorizing the 

22 Federal-aid highway program enacted after the date 

23 of enactment of this Act. 

24 (4) TREATMENT OF OBLIGATIONS.—Any obliga25 tion of obligation authority distributed under this 
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1 subsection shall be considered to be an obligation for 

2 Federal-aid highways and highway safety construc3 tion programs for fiscal year 2005 for the purposes 

4 of any obligation limitation set in an Act making ap5 propriations for the Department of Transportation 

6 for fiscal year 2005. 

7 SEC. 3. TRANSFERS OF UNOBLIGATED APPORTIONMENTS. 

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

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

10 may transfer any funds apportioned to the State for any 

11 program under section 104(b) (including amounts appor12 tioned under section 104(b)(3) or set aside, made avail13 able, or suballocated under section 133(d)) or section 144 

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

15 date of enactment of this Act, that are subject to any limi16 tation on obligations, and that are not obligated, to any 

17 other of those programs. 

18 (b) TREATMENT OF TRANSFERRED FUNDS.—Any 

19 funds transferred to another program under subsection (a) 

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

21 the funds are transferred, except that funds transferred 

22 to a program under section 133 (other than subsections 

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

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

25 (c) RESTORATION OF APPORTIONMENTS.—
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1 (1) IN GENERAL.—As soon as practicable after 

2 the date of enactment of a multiyear law reauthor3 izing the Federal-aid highway program enacted after 

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

5 Transportation shall restore any funds that a State 

6 transferred under subsection (a) for any project not 

7 eligible for the funds but for this section to the pro8 gram category from which the funds were trans9 ferred. 

10 (2) PROGRAM CATEGORY RECONCILIATION.—

11 The Secretary may establish procedures under which 

12 funds transferred under subsection (a) from a pro13 gram category for which funds are not authorized 

14 may be restored to the Federal-aid highway pro15 gram. 

16 (3) LIMITATION ON STATUTORY CONSTRUC17 TION.—No provision of law, except a statute enacted 

18 after the date of enactment of this Act that ex19 pressly limits the application of this subsection, shall 

20 impair the authority of the Secretary to restore 

21 funds pursuant to this subsection. 

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

23 for use in carrying out this section. 
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1 (e) PROHIBITION OF TRANSFERS.—Notwithstanding 

2 any other provision of this section, no funds may be trans3 ferred by a State under subsection (a)—

4 (1) from amounts apportioned to the State for 

5 the congestion mitigation and air quality improve6 ment program; and 

7 (2) from amounts apportioned to the State for 

8 the surface transportation program and that are 

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

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

11 SEC. 4. ADMINISTRATIVE EXPENSES. 

12 (a) AUTHORIZATION OF CONTRACT AUTHORITY.—

13 There shall be available from the Highway Trust Fund 

14 (other than the Mass Transit Account) for administrative 

15 expenses of the Federal-aid highway program 

16 $234,682,667 for fiscal year 2005. 

17 (b) CONTRACT AUTHORITY.—Funds made available 

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

19 manner as if such funds were apportioned under chapter 

20 1 of title 23, United States Code, and shall be subject 

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

22 highway safety construction programs; except that such 

23 funds shall remain available until expended. 
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1 SEC. 5. OTHER FEDERAL-AID HIGHWAY PROGRAMS. 

2 (a) AUTHORIZATION OF APPROPRIATIONS UNDER

3 TITLE I OF TEA21.—

4 (1) FEDERAL LANDS HIGHWAYS.—

5 (A) INDIAN RESERVATION ROADS.—Sec6 tion 1101(a)(8)(A) of the Transportation Eq7 uity Act for the 21st Century (112 Stat. 112; 

8 118 Stat. 877) is amended—

9 (i) by inserting before the period at 

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

11 for the period of October 1, 2004, through 

12 May 31, 2005’’; and 

13 (ii) by adding at the end the fol14 lowing: ‘‘The minimum amount made 

15 available for such period that the Sec16 retary, in cooperation with the Secretary of 

17 the Interior, shall reserve for Indian res18 ervation road bridges under section 

19 202(d)(4) of title 23, United States Code, 

20 shall be $8,666,667 instead of 

21 $13,000,000.’’. 

22 (B) PUBLIC LANDS HIGHWAYS.—Section 

23 1101(a)(8)(B) of such Act (112 Stat. 112; 118 

24 Stat. 878) is amended by inserting before the 

25 period at the end the following: ‘‘and 
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1 $164,000,000 for the period of October 1, 

2 2004, through May 31, 2005’’. 

3 (C) PARK ROADS AND PARKWAYS.—Sec4 tion 1101(a)(8)(C) of such Act (112 Stat. 112; 

5 118 Stat. 878) is amended by inserting before 

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

7 $110,000,000 for the period of October 1, 

8 2004, through May 31, 2005’’. 

9 (D) REFUGE ROADS.—Section 

10 1101(a)(8)(D) of such Act (112 Stat. 112; 118 

11 Stat. 878) is amended by inserting before the 

12 period at the end the following: ‘‘and 

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

14 through May 31, 2005’’. 

15 (2) NATIONAL CORRIDOR PLANNING AND DE16 VELOPMENT AND COORDINATED BORDER INFRA17 STRUCTURE PROGRAMS.—Section 1101(a)(9) of such 

18 Act (112 Stat. 112; 118 Stat. 878) is amended by 

19 inserting before the period at the end the following: 

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

21 through May 31, 2005’’. 

22 (3) CONSTRUCTION OF FERRY BOATS AND

23 FERRY TERMINAL FACILITIES.—

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

25 such Act (112 Stat. 113; 118 Stat. 878) is 
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1 amended by inserting before the period at the 

2 end the following: ‘‘and $25,333,333 for the pe3 riod of October 1, 2004, through May 31, 

4 2005’’. 

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

6 AND WASHINGTON.—To carry out section 1064 

7 of the Intermodal Surface Transportation Effi8 ciency Act of 1991 (23 U.S.C. 129 note; 105 

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

10 funds made available by the amendment made 

11 by subparagraph (A)—

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

13 section 1064(d)(2); 

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

15 section 1064(d)(3); and 

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

17 section 1064(d)(4). 

18 (4) NATIONAL SCENIC BYWAYS PROGRAM.—

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

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

21 878) is amended—

22 (A) by striking ‘‘and’’ the last place it ap23 pears; and 

24 (B) by inserting before the period at the 

25 end the following: ‘‘, and $17,666,667 for the 
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1 period of October 1, 2004, through May 31, 

2 2005’’. 

3 (5) VALUE PRICING PILOT PROGRAM.—Section 

4 1101(a)(12) of such Act (112 Stat. 113; 118 Stat. 

5 878) is amended by inserting before the period at 

6 the end the following: ‘‘, and $7,333,333 for the pe7 riod of October 1, 2004, through May 31, 2005’’. 

8 (6) HIGHWAY USE TAX EVASION PROJECTS.—

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

10 118 Stat. 878) is amended by inserting before the 

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

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

13 2005’’. 

14 (7) COMMONWEALTH OF PUERTO RICO HIGH15 WAY PROGRAM.—

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

17 such Act (112 Stat. 113; 118 Stat. 879) is 

18 amended by inserting before the period at the 

19 end the following: ‘‘and $73,333,333 for the pe20 riod of October 1, 2004, through May 31, 

21 2005’’. 

22 (B) CONFORMING AMENDMENT.—Section 

23 1214(r)(1) of such Act (112 Stat. 209; 117 

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

25 inserting ‘‘2005’’. 
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1 (8) SAFETY GRANTS.—Section 1212(i)(1)(D) of 

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

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

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

5 $333,333 for the period of October 1, 2004, through 

6 May 31, 2005’’. 

7 (9) TRANSPORTATION AND COMMUNITY AND

8 SYSTEM PRESERVATION PILOT PROGRAM.—Section 

9 1221(e)(1) of such Act (23 U.S.C. 101 note; 112 

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

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

12 $16,666,667 for the period of October 1, 2004, 

13 through May 31, 2005’’.

14 (10) TRANSPORTATION INFRASTRUCTURE FI15 NANCE AND INNOVATION.—Section 188 of title 23, 

16 United States Code, is amended—

17 (A) in subsection (a)(1)—

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

19 subparagraph (E); 

20 (ii) by striking the period at the end 

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

22 and 

23 (iii) by adding at the end the fol24 lowing: 
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1 ‘‘(G) $86,666,667 for the period of Octo2 ber 1, 2004, through May 31, 2005.’’; 

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

4 ‘‘2004’’ the following: ‘‘and $1,333,333 for the 

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

6 2005’’; and 

7 (C) in subsection (c)—

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

9 ‘‘2005’’; and 

10 (ii) by striking the period at the end 

11 of the table and inserting the following:

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

12 (11) NATIONAL SCENIC BYWAYS CLEARING13 HOUSE.—Section 1215(b)(3) of the Transportation 

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

15 amended by inserting before the period at the end 

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

17 through May 31, 2005’’. 

18 (b) AUTHORIZATION OF APPROPRIATIONS UNDER

19 TITLE V OF TEA21.—

20 (1) SURFACE TRANSPORTATION RESEARCH.—

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

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

23 is amended— 
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1 (A) by striking ‘‘2003, and’’ and inserting 

2 ‘‘2003,’’; and 

3 (B) by inserting after ‘‘2004’’ the fol4 lowing: ‘‘, and $68,666,667 for the period of 

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

6 (2) TECHNOLOGY DEPLOYMENT PROGRAM.—

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

8 Stat. 879) is amended—

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

10 ‘‘2003,’’; and 

11 (B) by inserting after ‘‘2004’’ the fol12 lowing: ‘‘, and $33,333,333 for the period of 

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

14 (3) TRAINING AND EDUCATION.—Section 

15 5001(a)(3) of such Act (112 Stat. 420; 118 Stat. 

16 879) is amended—

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

18 ‘‘2003,’’; and 

19 (B) by inserting after ‘‘2004’’ the fol20 lowing: ‘‘, and $13,333,333 for the period of 

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

22 (4) BUREAU OF TRANSPORTATION STATIS23 TICS.—Section 5001(a)(4) of such Act (112 Stat. 

24 420; 118 Stat. 879) is amended by inserting before 

25 the period at the end the following: ‘‘, and 
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1 $20,666,667 for the period of October 1, 2004, 

2 through May 31, 2005’’. 

3 (5) ITS STANDARDS, RESEARCH, OPERATIONAL

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

5 such Act (112 Stat. 420; 118 Stat. 879) is amend6 ed—

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

8 ‘‘2003,’’; and 

9 (B) by inserting after ‘‘2004’’ the fol10 lowing: ‘‘, and $73,333,333 for the period of 

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

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

13 such Act (112 Stat. 420; 118 Stat. 880) is amend14 ed—

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

16 ‘‘2003,’’; and 

17 (B) by inserting after ‘‘2004’’ the fol18 lowing: ‘‘, and $81,333,333 for the period of 

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

20 (7) UNIVERSITY TRANSPORTATION RE21 SEARCH.—Section 5001(a)(7) of such Act (112 Stat. 

22 420; 118 Stat. 880) 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 $17,666,667 for the period of 

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

4 (c) METROPOLITAN PLANNING.— 

5 (1) AUTHORIZATION OF CONTRACT AUTHOR6 ITY.—There shall be available from the Highway 

7 Trust Fund (other than the Mass Transit Account) 

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

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

10 2004, through May 31, 2005. 

11 (2) DISTRIBUTION OF FUNDS.—The Secretary 

12 shall distribute funds made available by this sub13 section to the States in accordance with section 

14 104(f)(2) of title 23, United States Code. 

15 (3) CONTRACT AUTHORITY.—Funds made 

16 available by this subsection shall be available for ob17 ligation in the same manner as if such funds were 

18 apportioned under chapter 1 of title 23, United 

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

20 obligations for Federal-aid highways and highway 

21 safety construction programs. 

22 (d) TERRITORIES.—Section 1101(d)(1) of the Trans23 portation Equity Act for the 21st Century (112 Stat. 111–

24 115; 117 Stat. 1116; 118 Stat. 880) is amended by insert-
20

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1 ing after ‘‘2004’’ the following: ‘‘and $24,266,667 for the 

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

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

4 Act (117 Stat. 1116; 118 Stat. 880) is amended by insert5 ing after ‘‘2004’’ the following: ‘‘and $12,533,333 for the 

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

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

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

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

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

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

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

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

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

15 (h) INTERSTATE MAINTENANCE.—Section 

16 1101(h)(1) of such Act (117 Stat. 1117; 118 Stat. 880) 

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

18 $66,666,667 for the period of October 1, 2004, through 

19 May 31, 2005’’. 

20 (i) RECREATIONAL TRAILS ADMINISTRATIVE

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

22 118 Stat. 880) is amended by inserting after ‘‘2004’’ the 

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

24 2004, through May 31, 2005’’. 
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1 (j) RAILWAY-HIGHWAY CROSSING HAZARD ELIMI2 NATION IN HIGH SPEED RAIL CORRIDORS.—Section 

3 1101(j)(1) of such Act (117 Stat. 1118; 118 Stat. 881) 

4 is amended—

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

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

7 through May 31, 2005’’; and 

8 (2) by inserting before ‘‘for eligible’’ the fol9 lowing: ‘‘and not less than $166,667 instead of 

10 $250,000 shall be available for the period of October 

11 1, 2004, through May 31, 2005,’’. 

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

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

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

15 the following: ‘‘and $6,666,667 for the period of Oc16 tober 1, 2004, through May 31, 2005’’; and 

17 (2) in paragraph (2) by inserting after ‘‘2004’’ 

18 the following: ‘‘and $6,666,667 for the period of Oc19 tober 1, 2004, through May 31, 2005’’. 

20 (l) ADMINISTRATION OF FUNDS.—Funds authorized 

21 by the amendments made by this section shall be adminis22 tered as if the funds had been apportioned, allocated, de23 ducted, or set aside, as the case may be, under title 23, 

24 United States Code, except that the deductions under sec25 tions 104(a)(1)(A) and 104(a)(1)(B) of such title shall not 
22

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1 apply to funds made available by the amendment made 

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

3 (m) REDUCTION OF ALLOCATED PROGRAMS.—The 

4 Secretary of Transportation shall reduce the amount that 

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

6 year 2005 for allocation under a program, that is contin7 ued both by a multiyear law reauthorizing such program 

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

9 this section, by the amount made available for such pro10 gram by this section. 

11 (n) PROGRAM CATEGORY RECONCILIATION.—The 

12 Secretary may establish procedures under which funds al13 located under this section for fiscal year 2005 for a pro14 gram category for which funds are not authorized for fis15 cal year 2005 under a multiyear law reauthorizing the 

16 Federal-aid highway program enacted after the date of en17 actment of this Act may be restored to the Federal-aid 

18 highway program.

19 SEC. 6. EXTENSION OF HIGHWAY SAFETY PROGRAMS. 

20 (a) CHAPTER 1 HIGHWAY SAFETY PROGRAMS.—

21 (1) SEAT BELT SAFETY INCENTIVE GRANTS.—

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

23 amended—

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

25 ‘‘2002’’ and inserting ‘‘2003’’; 
23

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

2 ‘‘2002’’ and inserting ‘‘2003’’; 

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

4 and inserting ‘‘2005’’; 

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

6 ‘‘2003’’ and inserting ‘‘2004’’; 

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

8 ‘‘2003’’ and inserting ‘‘2004’’; 

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

10 and inserting ‘‘2004’’; 

11 (G) in subsection (g)(1)—

12 (i) by striking ‘‘and’’; and 

13 (ii) by inserting before the period at 

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

15 for the period of October 1, 2004, through 

16 May 31, 2005’’; 

17 (H) in the heading to subsection (g)(3)(B) 

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

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

20 ‘‘2004’’ and inserting ‘‘2005’’. 

21 (2) PREVENTION OF INTOXICATED DRIVER IN22 CENTIVE GRANTS.—Section 163(e)(1) of such title is 

23 amended—

24 (A) by striking ‘‘and’’; and 
24

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1 (B) by inserting before the period at the 

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

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

4 2005’’.

5 (b) CHAPTER 4 HIGHWAY SAFETY PROGRAMS.—Sec6 tion 2009(a)(1) of the Transportation Equity Act for the 

7 21st Century (112 Stat. 337; 118 Stat. 886) is amend8 ed—

9 (1) by striking ‘‘and’’; and 

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

11 following: ‘‘, and $110,000,000 for the period of Oc12 tober 1, 2004, through May 31, 2005’’. 

13 (c) HIGHWAY SAFETY RESEARCH AND DEVELOP14 MENT.—Section 2009(a)(2) of such Act (112 Stat. 337; 

15 118 Stat. 886) is amended by inserting after ‘‘2004’’ the 

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

17 1, 2004, through May 31, 2005’’. 

18 (d) OCCUPANT PROTECTION INCENTIVE GRANTS.—

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

20 886) is amended—

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

22 and 

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

24 following: ‘‘, and $13,333,333 for the period of Oc25 tober 1, 2004, through May 31, 2005’’. 
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1 (e) ALCOHOL-IMPAIRED DRIVING COUNTER2 MEASURES INCENTIVE GRANTS.—

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

4 title 23, United States Code, is amended—

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

6 and inserting ‘‘8’’; and 

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

8 ‘‘and seventh’’ and inserting ‘‘, seventh, and 

9 eighth’’. 

10 (2) AUTHORIZATION OF APPROPRIATIONS.—

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

12 Stat. 886) is amended—

13 (A) by striking ‘‘and’’ the last place it ap14 pears; and 

15 (B) by inserting before the period at the 

16 end the following: ‘‘, and $26,666,667 for the 

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

18 2005’’. 

19 (f) NATIONAL DRIVER REGISTER.—Section 

20 2009(a)(6) of such Act (112 Stat. 338; 118 Stat. 886) 

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

22 $2,400,000 for the period of October 1, 2004, through 

23 May 31, 2005’’. 

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

25 (112 Stat. 338) is amended—
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1 (1) in paragraph (1) by striking ‘‘2004’’ and in2 serting ‘‘2005’’; and 

3 (2) in paragraph (2) by striking ‘‘2004’’ and in4 serting ‘‘2005’’. 

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

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

7 ‘‘2004’’ and inserting ‘‘2005’’. 

8 SEC. 7. EXTENSION OF MOTOR CARRIER SAFETY ADMINIS9 TRATION PROGRAM. 

10 (a) ADMINISTRATIVE EXPENSES.—

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

12 from the Highway Trust Fund (other than the Mass 

13 Transit Account) for the Secretary of Transpor14 tation to pay administrative expenses of the Federal 

15 Motor Carrier Safety Administration $160,552,536 

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

17 2005. 

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

19 subsection may be used for personnel costs; adminis20 trative infrastructure; rent; information technology; 

21 and programs for research and technology, regu22 latory development, and other operating expenses 

23 and similar matters. Such funds available may also 

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

25 with, States, local governments, or other persons for 
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1 implementation of the Commercial Driver’s License 

2 Improvement Grants and the Border Enforcement 

3 Grants programs. 

4 (b) MOTOR CARRIER SAFETY ASSISTANCE PRO5 GRAM.—Section 31104(a) of title 49, United States Code, 

6 is amended by adding at the end the following: 

7 ‘‘(8) Not more than $112,512,329 for the pe8 riod of October 1, 2004, through May 31, 2005.’’. 

9 (c) INFORMATION SYSTEMS AND COMMERCIAL DRIV10 ER’S LICENSE GRANTS.—

11 (1) AUTHORIZATION OF APPROPRIATION.—Sec12 tion 31107(a) of such title is amended—

13 (A) by striking ‘‘and’’ at the end of para14 graph (4); 

15 (B) by striking the period at the end of 

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

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

18 ‘‘(6) $13,315,068 for the period of October 1, 

19 2004 through May 31, 2005.’’. 

20 (2) EMERGENCY CDL GRANTS.—From amounts 

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

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

23 2004 through May 31, 2005, the Secretary of 

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

25 to a State whose commercial driver’s license pro-
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1 gram may fail to meet the compliance requirements 

2 of section 31311(a) of such title. 

3 (d) CRASH CAUSATION STUDY.—There shall be avail4 able from the Highway Trust Fund (other than the Mass 

5 Transit Account) for the Federal Motor Carrier Safety 

6 Administration to continue the crash causation study re7 quired by section 224 of the Motor Carrier Safety Im8 provement Act of 1999 (49 U.S.C. 31100 note; 113 Stat. 

9 1770–1771), $665,753 for the period of October 1, 2004 

10 through May 31, 2005. 

11 (e) CONTRACT AUTHORITY.—Funds made available 

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

13 manner as if such funds were apportioned under chapter 

14 1 of title 23, United States Code. 

15 (f) RULE STAY.—The hours-of-service regulations 

16 applicable to property-carrying commercial drivers con17 tained in the Final Rule published on April 28, 2003 (68 

18 Fed. Reg. 22456–22517), as amended on September 30, 

19 2003 (68 Fed. Reg. 56208–56212), and made applicable 

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

21 be in effect until the earlier of—

22 (1) the effective date of a new final rule ad23 dressing the issues raised by the July 16, 2004, de24 cision of the United States Court of Appeals for the 

25 District of Columbia in Public Citizen, et al. v. Fed-
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1 eral Motor Carrier Safety Administration (No. 03–

2 1165); or 

3 (2) September 30, 2005.

4 SEC. 8. EXTENSION OF FEDERAL TRANSIT PROGRAMS. 

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

6 title 49, United States Code, is amended—

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

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

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

10 ‘‘2004’’; 

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

12 clause (ii) the following: 

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

14 31, 2005.—Of the amounts made available 

15 under paragraph (1)(B), $6,933,333 shall 

16 be available for the period of October 1, 

17 2004, through May 31, 2005, for capital 

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

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

20 ‘‘2004’’ the following: ‘‘(and $2,000,000 shall be 

21 available for the period October 1, 2004, through 

22 May 31, 2005)’’; and 

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

24 ‘‘2004)’’ the following: ‘‘, and $33,333,333 shall be 
30

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1 available for the period October 1, 2004, through 

2 May 31, 2005,’’. 

3 (b) APPORTIONMENT OF APPROPRIATIONS FOR

4 FIXED GUIDEWAY MODERNIZATION.—The Secretary of 

5 Transportation shall determine the amount that each ur6 banized area is to be apportioned for fixed guideway mod7 ernization under section 5337 of title 49, United States 

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

9 2005 funding made available by sections 

10 5338(b)(2)(A)(vii) and 5338(b)(2)(B)(vii) of such title. 

11 (c) FORMULA GRANTS AUTHORIZATIONS.—Section 

12 5338(a) of such title is amended—

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

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

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

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

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

18 (3) by striking the period at the end of para19 graphs (2)(A)(vi) and (2)(B)(vi) and inserting ‘‘; 

20 and’’; 

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

22 the following: 

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

24 of October 1, 2004, through May 31, 

25 2005.’’; 
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1 (5) by adding at the end in paragraph (2)(B) 

2 the following: 

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

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

5 and 

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

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

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

9 (d) ALLOCATION OF FORMULA GRANT FUNDS FOR

10 OCTOBER 1, 2004, THROUGH MAY 31, 2005.—Of the ag11 gregate of amounts made available by and appropriated 

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

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

14 2005—

15 (1) $3,233,300 shall be available to the Alaska 

16 Railroad for improvements to its passenger oper17 ations under section 5307 of such title; 

18 (2) $33,333,333 shall be available for clean 

19 fuels formula grants under section 5308 of such 

20 title; 

21 (3) $65,064,001 shall be available to provide 

22 transportation services to elderly individuals and in23 dividuals with disabilities under section 5310 of such 

24 title; 
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1 (4) $172,690,702 shall be available to provide 

2 financial assistance for other than urbanized areas 

3 under section 5311 of such title; 

4 (5) $4,633,333 shall be available to provide fi5 nancial assistance in accordance with section 

6 3038(g) of the Transportation Equity Act for the 

7 21st Century; and 

8 (6) $2,473,245,331 shall be available to provide 

9 financial assistance for urbanized areas under sec10 tion 5307 of such title. 

11 (e) CAPITAL PROGRAM AUTHORIZATIONS.—Section 

12 5338(b) of such title is amended—

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

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

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

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

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

18 (3) by striking the period at the end of para19 graphs (2)(A)(vi) and (2)(B)(vi) and inserting ‘‘; 

20 and’’; 

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

22 the following: 

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

24 of October 1, 2004, through May 31, 

25 2005.’’; and 
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1 (5) by adding at the end of paragraph (2)(B) 

2 the following: 

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

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

5 (f) PLANNING AUTHORIZATIONS AND ALLOCA6 TIONS.—Section 5338(c) 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’’; 

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

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

12 (3) by striking the period at the end of para13 graphs (2)(A)(vi) and (2)(B)(vi) and inserting ‘‘; 

14 and’’; 

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

16 the following: 

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

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

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

20 the following: 

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

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

23 and 

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

25 portion of a fiscal year’’ after ‘‘fiscal year’’. 
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1 (g) RESEARCH AUTHORIZATIONS.—Section 5338(d) 

2 of such title is amended—

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

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

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

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

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

8 (3) by striking the period at the end of para9 graphs (2)(A)(vi) and (2)(B)(vi) and inserting ‘‘; 

10 and’’; 

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

12 the following: 

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

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

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

16 the following: 

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

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

19 and 

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

21 fiscal year’’ the following: ‘‘(other than for the pe22 riod of October 1, 2004, through May 31, 2005)’’. 

23 (h) ALLOCATION OF RESEARCH FUNDS FOR OCTO24 BER 1, 2004, THROUGH MAY 31, 2005.—Of the funds 

25 made available by or appropriated under section