H. R. 5183—16
118 Stat. 708; 118 Stat. 886) is amended by inserting ‘‘and for
the period of October 1, 2004, through May 31, 2005’’ after ‘‘2004’’.
SEC. 9. SPORT FISHING AND BOATING SAFETY.
(a) FUNDING FOR NATIONAL OUTREACH AND COMMUNICATIONS
PROGRAM.—Section 4(c) of the Dingell-Johnson Sport Fish Restora-
tion Act (16 U.S.C. 777c(c)) is amended—
(1) by striking ‘‘and’’ at the end of paragraph (5);
(2) by inserting ‘‘and’’ after the semicolon at the end of
paragraph (6); and
(3) by inserting after paragraph (6) the following:
‘‘(7) $6,666,664 for the period of October 1, 2004, through
May 31, 2005;’’.
(b) CLEAN VESSEL ACT FUNDING.—Section 4(b) of such Act
(16 U.S.C. 777c(b)) is amended—
(1) in paragraph (4) by striking the paragraph heading
and inserting ‘‘FISCAL YEAR 2004’’;
(2) by redesignating paragraph (5) as paragraph (6); and
(3) by inserting after paragraph (4) the following:
‘‘(5) FIRST 8 MONTHS OF FISCAL YEAR 2005.—For the period
of October 1, 2004, through May 31, 2005, of the balance
of each annual appropriation remaining after making the dis-
tribution under subsection (a), an amount equal to $54,666,664,
reduced by 82 percent of the amount appropriated for that
fiscal year from the Boat Safety Account of the Aquatic
Resources Trust Fund established by section 9504 of the
Internal Revenue Code of 1986 to carry out the purposes of
section 13106(a) of title 46, United States Code, shall be used
as follows:
‘‘(A) $6,666,664 shall be available to the Secretary of
the Interior for 3 fiscal years for obligation for qualified
projects under section 5604(c) of the Clean Vessel Act of
1992 (33 U.S.C. 1322 note).
‘‘(B) $5,333,334 shall be available to the Secretary of
the Interior for 3 fiscal years for obligation for qualified
projects under section 7404(d) of the Sportfishing and
Boating Safety Act of 1998 (16 U.S.C. 777g–1(d)).
‘‘(C) The balance remaining after the application of
subparagraphs (A) and (B) shall be transferred to the Sec-
retary of Transportation and shall be expended for State
recreational boating safety programs under section 13106
of title 46, United States Code.’’.
(c) BOAT SAFETY FUNDS.—Section 13106(c) of title 46, United
States Code, is amended to read as follows:
‘‘(c)(1) Of the amount transferred to the Secretary of Transpor-
tation under paragraph (5)(C) of section 4(b) of the Dingell-Johnson
Sport Fish Restoration Act (16 U.S.C. 777c(b)), $3,333,336 is avail-
able to the Secretary for payment of expenses of the Coast Guard
for personnel and activities directly related to coordinating and
carrying out the national recreational boating safety program under
this title, of which $1,333,336 shall be available to the Secretary
only to ensure compliance with chapter 43 of this title.
‘‘(2) No funds available to the Secretary under this subsection
may be used to replace funding traditionally provided through
general appropriations, nor for any purposes except those purposes
authorized by this section.
H. R. 5183—17
‘‘(3) Amounts made available by this subsection shall remain
available until expended.
‘‘(4) The Secretary shall publish annually in the Federal Reg-
ister a detailed accounting of the projects, programs, and activities
funded under this subsection.’’.
SEC. 10. BUDGET LIMITATIONS.
(a) ADJUSTMENTS
TO ANNUALIZED DISCRETIONARY SPENDING
LIMITS.—In the matter that precedes subparagraph (A) of section
251(b)(2) of the Balanced Budget and Emergency Deficit Control
Act of 1985, strike ‘‘through 2002’’.
(b) DISCRETIONARY SPENDING LIMITS.—Section 251(c) of the
Balanced Budget and Emergency Deficit Control Act of 1985 is
amended as follows:
(1) Strike paragraphs (1) through (7) and redesignate para-
graph (8) (which relates to fiscal year 2005) as paragraph
(1) and in such redesignated paragraph strike ‘‘(1) with respect
to fiscal year 2005’’, redesignate the remaining matter as
subparagraph (C), and before such redesignated matter insert
the following:
‘‘(1) with respect to fiscal year 2005—
‘‘(A) for the highway category: $31,113,000,000 in out-
lays;
‘‘(B) for the mass transit category: $1,453,000,000 in
new budget authority and $6,535,000,000 in outlays; and’’.
(2) Redesignate paragraphs (9) through (16) as paragraphs
(2) through (9).
(c) CATEGORY DEFINED.—Section 250(c)(4) of the Balanced
Budget and Emergency Deficit Control Act of 1985 is amended—
(1) in subparagraph (B) by inserting after ‘‘Century’’ the
following: ‘‘and the Surface Transportation Extension Act of
2004, Part V’’; and
(2) in subparagraph (C)—
(A) by inserting after ‘‘Century’’ the first place it
appears the following: ‘‘and the Surface Transportation
Extension Act of 2004, Part V’’; and
(B) by striking ‘‘that Act’’ and inserting ‘‘those Acts’’.
(d) CONFORMANCE WITH THE CONCURRENT RESOLUTION ON THE
BUDGET FOR FISCAL YEAR 2005.—Notwithstanding any other provi-
sion of law, all adjustments made pursuant to section 110(a)(2)
of title 23, United States Code, to sums authorized to be appro-
priated from the Highway Trust Fund (other than the Mass Transit
Account) to carry out each of the Federal-aid highway and highway
safety construction programs (other than emergency relief) in fiscal
year 2005 shall be deemed to be zero.
(e) SENSE OF CONGRESS ON ADJUSTMENT TO ALIGN HIGHWAY
SPENDING WITH REVENUES.—It is the sense of Congress that, in
any multiyear reauthorization of the Federal-aid highway program,
the alignment of highway spending with revenues under section
251(b)(1)(B)(ii) of the Balanced Budget and Emergency Deficit Con-
trol Act of 1985 should be restructured to minimize year-to-year
fluctuations in highway spending levels and to ensure the uniform
enforcement of such levels.
(f) SENSE OF CONGRESS ON FULLY GUARANTEED FUNDING.—
It is the sense of Congress—
(1) in any multiyear law reauthorizing of the Federal-
aid highway program enacted after the date of the enactment
H. R. 5183—18
of this Act, the level of obligation limitations for fiscal year
2005 under the highway category and the mass transit category
in section 8103 of the Transportation Equity Act for the 21st
Century (2 U.S.C. 901 note), as amended and extended, should
equal the obligation limitations for such categories authorized
in such multiyear law;
(2) the highway account category obligation limitation level
for fiscal year 2005 should be equal to the sum of the Federal
Highway Administration, National Highway Safety Administra-
tion, and Federal Motor Carrier Safety Administration obliga-
tion limitations for fiscal year 2005 in such multiyear law;
and
(3) the mass transit category obligation limitation level
for fiscal year 2005 should be equal to the sum of budget
authority and obligation limitation authorizations for Federal
Transit Administration programs for fiscal year 2005 in such
multiyear reauthorization.
SEC. 11. LEVEL OF OBLIGATION LIMITATIONS.
(a) HIGHWAY CATEGORY.—Section 8103(a) of the Transportation
Equity Act for the 21st Century (2 U.S.C. 901 note; 112 Stat.
492; 117 Stat. 1128) is amended—
(1) by striking ‘‘and’’ at the end of paragraph (5);
(2) by striking the period at the end of paragraph (6)
and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(7) for fiscal year 2005, $35,392,000,000.’’.
(b) MASS TRANSIT CATEGORY.—Section 8103(b) of such Act (2
U.S.C. 901 note; 112 Stat. 492; 117 Stat. 1128) is amended—
(1) by striking ‘‘and’’ at the end of paragraph (5);
(2) by striking the period at the end of paragraph (6)
and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(7) for fiscal year 2005, $7,265,000,000.’’.
(c) TREATMENT OF FUNDS.—Notwithstanding any other provi-
sion of law, funds made available under this Act, including the
amendments made by this Act, shall be deemed to be zero for
the purposes of section 110 of the title 23, United States Code.
SEC. 12. EXTENSION OF HIGHWAY PROGRAMS THROUGH END OF
FISCAL YEAR 2004.
(a) ADVANCES.—Section 2(a) of the Surface Transportation
Extension Act of 2003 (23 U.S.C. 104 note; 117 Stat. 1110; 118
Stat. 876) is amended by striking ‘‘and the Surface Transportation
Extension Act of 2004, Part IV’’ and inserting ‘‘the Surface
Transportation Extension Act of 2004, Part IV, and the Surface
Transportation Extension Act of 2004, Part V’’.
(b) 
AUTHORIZATION
OF
CONTRACT
AUTHORITY.—Section
1101(c)(1) of the Transportation Equity Act for the 21st Century
(117 Stat. 1111; 118 Stat. 876) is amended by striking ‘‘the period
of October 1, 2003, through September 24,’’ and inserting ‘‘fiscal
year’’.
(c) LIMITATION ON OBLIGATIONS.—Section 2(e) of the Surface
Transportation Extension Act of 2003 (117 Stat. 1111; 118 Stat.
478; 118 Stat. 876) is amended—
(1) by striking paragraphs (1) through (4) and inserting:
‘‘(1) DISTRIBUTION
OF
OBLIGATION
AUTHORITY.—For the
fiscal year 2004, the Secretary shall distribute the obligation
H. R. 5183—19
limitation made available for Federal-aid highways and high-
way safety construction programs under the heading ‘Federal-
aid highways’ in the Transportation, Treasury, and Independent
Agencies Appropriations Act, 2004 (division F of Public Law
108-199; 118 Stat. 291; 118 Stat. 1013), in accordance with
section 110 of such Act.’’; and
(2) by redesignating paragraph (5) as paragraph (2).
(d) PERIOD OF AVAILABILITY.—Obligation authority made avail-
able for fiscal year 2004 under section 2 of the Surface Transpor-
tation Extension Act of 2003 as a result of the amendments made
by this section, that is in addition to obligation authority previously
made available for fiscal year 2004 under section 2 of such Act
(117 Stat. 1110; 118 Stat. 478; 118 Stat. 627; 118 Stat. 698; 118
Stat. 876), shall remain available for obligation during fiscal years
2004 and 2005, or for additional fiscal years if so made available
in a law enacted before the date of enactment of this Act.
(e) PAYMENT
FROM FUTURE APPORTIONMENTS.—The Surface
Transportation Extension Act of 2003 (117 Stat. 1110) is amended—
(1) by striking section 2(c) (117 Stat. 1111; 118 Stat. 877);
(2) by striking section 3(c)(1) (117 Stat. 1112) and inserting
the following:
‘‘(1) IN GENERAL.—As soon as practicable after the date
of enactment of the Surface Transportation Extension Act of
2004, Part V, the Secretary of Transportation shall restore
any funds that a State transferred under subsection (a).’’; and
(3) by striking section 5(n) (117 Stat. 1119; 118 Stat. 483;
118 Stat. 632; 118 Stat. 703; 118 Stat. 881).
(f) SUPPLEMENTAL MINIMUM GUARANTEE.—
(1) GENERAL RULE.—For fiscal year 2004, the Secretary
shall allocate among the States amounts sufficient to ensure
that each State’s percentage of the total apportionments for
such fiscal year pursuant to sections 2(a) and 5(c) of the Surface
Transportation Extension Act of 2003 and amounts apportioned
under this section shall equal the percentage listed for each
State in section 105(b) of title 23, United States Code. The
shares in such section shall be adjusted in accordance with
section 105(f) of such title. The minimum amount allocated
to a State under this subsection for the fiscal year shall be
$1,000,000.
(2) AUTHORIZATION.—There are authorized to be appro-
priated out of the Highway Trust Fund (other than the Mass
Transit Account) such sums as may be necessary to carry
out this subsection for fiscal year 2004.
(3) ADMINISTRATION OF FUNDS.—Funds apportioned to a
State under this subsection—
(A) shall be available for obligation in the same manner
as if such funds were apportioned to the State under
chapter 1 of title 23, United States Code;
(B) shall be combined with funds apportioned to the
State for the minimum guarantee program under section
2(a) of the Surface Transportation Extension Act of 2003;
and
(C) shall be administered in the same manner as funds
apportioned under section 105 of such title.
(4) OBLIGATION LIMITATION.—Funds apportioned under this
subsection shall be subject to any limitation on obligations
H. R. 5183—20
for Federal-aid highways and highway safety construction pro-
grams.
(g) CALCULATION OF ESTIMATED TRUST FUND CONTRIBUTIONS.—
The amendment made by section 13(c) of this Act shall have no
effect on the estimates of tax payments attributable to highway
users in each State paid into the Highway Trust Fund for purposes
of apportioning funds to States in fiscal year 2004 until enactment
of a multiyear law reauthorizing surface transportation programs.
SEC. 13. EXTENSION OF AUTHORIZATION FOR USE OF TRUST FUNDS
FOR OBLIGATIONS UNDER TEA–21.
(a) HIGHWAY TRUST FUND.—
(1) IN GENERAL.—Paragraph (1) of section 9503(c) of the
Internal Revenue Code of 1986 is amended—
(A) in the matter before subparagraph (A), by striking
‘‘October 1, 2004’’ and inserting ‘‘June 1, 2005’’;
(B) by striking ‘‘or’’ at the end of subparagraph (I);
(C) by striking the period at the end of subparagraph
(J) and inserting ‘‘, or’’;
(D) by inserting after subparagraph (J) the following
new subparagraph:
‘‘(K) authorized to be paid out of the Highway Trust
Fund under the Surface Transportation Extension Act of
2004, Part V.’’; and
(E) in the matter after subparagraph (K), as added
by this paragraph, by striking ‘‘Surface Transportation
Extension Act of 2004, Part IV’’ and inserting ‘‘Surface
Transportation Extension Act of 2004, Part V’’.
(2) MASS
TRANSIT
ACCOUNT.—Paragraph (3) of section
9503(e) of such Code is amended—
(A) in the matter before subparagraph (A), by striking
‘‘October 1, 2004’’ and inserting ‘‘June 1, 2005’’;
(B) in subparagraph (G), by striking ‘‘or’’ at the end
of such subparagraph;
(C) in subparagraph (H), by inserting ‘‘or’’ at the end
of such subparagraph;
(D) by inserting after subparagraph (H) the following
new subparagraph:
‘‘(I) the Surface Transportation Extension Act of 2004,
Part V,’’; and
(E) in the matter after subparagraph (I), as added
by this paragraph, by striking ‘‘Surface Transportation
Extension Act of 2004, Part IV’’ and inserting ‘‘Surface
Transportation Extension Act of 2004, Part V’’.
(3) EXCEPTION
TO
LIMITATION
ON
TRANSFERS.—Subpara-
graph (B) of section 9503(b)(5) of such Code is amended by
striking ‘‘October 1, 2004’’ and inserting ‘‘June 1, 2005’’.
(4) CONFORMING
AMENDMENT.—Subsection (a) of section
10 of the Surface Transportation Extension Act of 2004, Part
IV is amended by striking paragraph (4).
(b) AQUATIC RESOURCES TRUST FUND.—
(1) SPORT FISH RESTORATION ACCOUNT.—Paragraph (2) of
section 9504(b) of the Internal Revenue Code of 1986 is
amended by striking ‘‘Surface Transportation Extension Act
of 2004, Part IV’’ each place it appears and inserting ‘‘Surface
Transportation Extension Act of 2004, Part V’’.
H. R. 5183—21
(2) BOAT SAFETY ACCOUNT.—Subsection (c) of section 9504
of such Code is amended—
(A) by striking ‘‘October 1, 2004’’ and inserting ‘‘June
1, 2005’’; and
(B) by striking ‘‘Surface Transportation Extension Act
of 2004, Part IV’’ and inserting ‘‘Surface Transportation
Extension Act of 2004, Part V’’.
(3) EXCEPTION TO LIMITATION ON TRANSFERS.—Paragraph
(2) of section 9504(d) of such Code is amended by striking
‘‘October 1, 2004’’ and inserting ‘‘June 1, 2005’’.
(c) ALL ALCOHOL FUEL TAXES TRANSFERRED TO HIGHWAY TRUST
FUND FOR FISCAL YEAR 2004.—Subparagraphs (E) and (F) of section
9503(b)(4) (relating to certain taxes not transferred to Highway
Trust Fund) are each amended by inserting ‘‘before October 1,
2003, and for the period beginning after September 30, 2004, and’’
before ‘‘before October 1, 2005’’.
(d) EFFECTIVE DATE.—
(1) IN GENERAL.—Except as provided in paragraph (2), the
amendments made by this section shall take effect on the
date of the enactment of this Act.
(2) TRANSFERS TO HIGHWAY TRUST FUND.—The amendments
made by subsection (c) shall apply to taxes imposed after Sep-
tember 30, 2003.
(e) TEMPORARY RULE REGARDING ADJUSTMENTS.—During the
period beginning on the date of the enactment of the Surface
Transportation Extension Act of 2003 and ending on May 31, 2005,
for purposes of making any estimate under section 9503(d) of the
Internal Revenue Code of 1986 of receipts of the Highway Trust
Fund, the Secretary of the Treasury shall treat—
(1) each expiring provision of paragraphs (1) through (4)
of section 9503(b) of such Code which is related to appropria-
tions or transfers to such Fund to have been extended through
the end of the 24-month period referred to in section
9503(d)(1)(B) of such Code; and
(2) with respect to each tax imposed under the sections
referred to in section 9503(b)(1) of such Code, the rate of such
tax during the 24-month period referred to in section
9503(d)(1)(B) of such Code to be the same as the rate of such
tax as in effect on the date of the enactment of the Surface
Transportation Extension Act of 2003.
(f) APPORTIONMENT OF HIGHWAY TRUST FUNDS FOR FISCAL YEAR
2004.—Section 9503(d)(3) of the Internal Revenue Code of 1986
shall not apply to any apportionment to the States of the amounts
H. R. 5183—22
authorized to be appropriated from the Highway Trust Fund for
the fiscal year ending September 30, 2004.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.