Surface Transportation Extension Act of 2005, Part V
PL 109-40 (H.R.3453), enacted 07/28/2005

119 STAT. 410
PUBLIC LAW 109–40—JULY 28, 2005
Public Law 109–40
109th Congress
An Act
To provide an extension of highway, highway safety, motor carrier safety, transit,
and other programs funded out of the Highway Trust Fund pending enactment
of a law reauthorizing the Transportation Equity Act for the 21st Century.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Surface Transportation Extension
Act of 2005, Part V’’.
SEC. 2. ADVANCES.
(a) IN GENERAL.—Section 2(a)(1) of the Surface Transportation
Extension Act of 2004, Part V (23 U.S.C. 104 note; 118 Stat.
1144; 119 Stat. 324; 119 Stat. 346; 119 Stat. 379; 119 Stat. 394)
is amended by striking ‘‘and the Surface Transportation Extension
Act of 2005, Part IV’’ and inserting ‘‘the Surface Transportation
Extension Act of 2005, Part IV, and the Surface Transportation
Extension Act of 2005, Part V’’.
(b) PROGRAMMATIC DISTRIBUTIONS.—
(1) SPECIAL
RULES
FOR
MINIMUM
GUARANTEE.—Section
2(b)(4) of such Act (119 Stat. 324; 119 Stat. 346; 119 Stat.
379; 119 Stat. 394) is amended by striking ‘‘$2,301,370,400’’
and inserting ‘‘$2,324,000,000’’.
(2) EXTENSION OF OFF-SYSTEM BRIDGE SETASIDE.—Section
144(g)(3) of title 23, United States Code, is amended by striking
‘‘July 27’’ and inserting ‘‘July 30’’.
(c) 
AUTHORIZATION
OF
CONTRACT
AUTHORITY.—Section
1101(l)(1) of the Transportation Equity Act for the 21st Century
(118 Stat. 1145; 119 Stat. 324; 119 Stat. 346; 119 Stat. 379; 119
Stat. 394) is amended by striking ‘‘$27,968,968,718 for the period
of October 1, 2004, through July 27, 2005’’ and inserting
‘‘$28,243,990,320 for the period of October 1, 2004, through July
30, 2005’’.
(d) LIMITATION ON OBLIGATIONS.—Section 2(e) of the Surface
Transportation Extension Act of 2004, Part V (118 Stat. 1146;
119 Stat. 324; 119 Stat. 346; 119 Stat. 379; 119 Stat. 394) is
amended—
(1) in paragraph (1)—
(A) by striking ‘‘July 27’’ and inserting ‘‘July 30’’;
(B) by striking ‘‘and the Surface Transportation Exten-
sion Act of 2005, Part IV’’ and inserting ‘‘the Surface
Transportation Extension Act of 2005, Part IV, and the
Surface Transportation Extension Act of 2005, Part V’’;
and
23 USC 104 note.
Surface
Transportation
Extension Act of
2005, Part V.
23 USC 101 note.
July 28, 2005
[H.R. 3453]
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119 STAT. 411
PUBLIC LAW 109–40—JULY 28, 2005
(C) by striking ‘‘82.2 percent’’ and inserting ‘‘83 per-
cent’’; and
(2) in paragraph (2)—
(A) by striking ‘‘July 27, 2005, shall not exceed
$28,520,554,600’’ and inserting ‘‘July 30, 2005, shall not
exceed $28,801,000,000’’; and
(B) 
by 
striking 
‘‘$525,205,602’’ 
and 
inserting
‘‘$530,370,000’’; and
(3) in paragraph (3) by striking ‘‘July 27’’ and inserting
‘‘July 30’’.
SEC. 3. ADMINISTRATIVE EXPENSES.
Section 4(a) of the Surface Transportation Extension Act of
2004, Part V (118 Stat. 1147; 119 Stat. 325; 119 Stat. 346; 119
Stat. 379; 119 Stat. 394) is amended by striking ‘‘$289,334,862’’
and inserting ‘‘$292,179,920’’.
SEC. 4. OTHER FEDERAL-AID HIGHWAY PROGRAMS.
(a) AUTHORIZATION OF APPROPRIATIONS UNDER TITLE I OF TEA–
21.—
(1) FEDERAL LANDS HIGHWAYS.—
(A) INDIAN RESERVATION ROADS.—Section 1101(a)(8)(A)
of the Transportation Equity Act for the 21st Century
(112 Stat. 112; 118 Stat. 1147; 119 Stat. 325; 119 Stat.
346; 119 Stat. 379; 119 Stat. 394) is amended—
(i) in the first sentence by striking ‘‘$226,027,450
for the period of October 1, 2004, through July 27,
2005’’ and inserting ‘‘$228,250,000 for the period of
October 1, 2004, through July 30, 2005’’; and
(ii) 
in 
the 
second 
sentence 
by 
striking
‘‘$10,684,934’’ and inserting ‘‘$10,790,000’’.
(B) PUBLIC LANDS HIGHWAYS.—Section 1101(a)(8)(B) of
such Act (112 Stat. 112; 118 Stat. 1148; 119 Stat. 325;
119 Stat. 346; 119 Stat. 379; 119 Stat. 394) is amended
by striking ‘‘$202,191,828 for the period of October 1, 2004,
through July 27, 2005’’ and inserting ‘‘$204,180,000 for
the period of October 1, 2004, through July 30, 2005’’.
(C) PARK ROADS AND PARKWAYS.—Section 1101(a)(8)(C)
of such Act (112 Stat. 112; 118 Stat. 1148; 119 Stat. 325;
119 Stat. 346; 119 Stat. 379; 119 Stat. 394) is amended
by striking ‘‘$135,616,470 for the period of October 1, 2004,
through July 27, 2005’’ and inserting ‘‘$136,950,000 for
the period of October 1, 2004, through July 30, 2005’’.
(D) REFUGE ROADS.—Section 1101(a)(8)(D) of such Act
(112 Stat. 112; 118 Stat. 1148; 119 Stat. 326; 119 Stat.
346; 119 Stat. 379; 119 Stat. 394) is amended by striking
‘‘$16,438,360 for the period of October 1, 2004, through
July 27, 2005’’ and inserting ‘‘$16,600,000 for the period
of October 1, 2004, through July 30, 2005’’.
(2) NATIONAL CORRIDOR PLANNING AND DEVELOPMENT AND
COORDINATED
BORDER
INFRASTRUCTURE
PROGRAMS.—Section
1101(a)(9) of such Act (112 Stat. 112; 118 Stat. 1148; 119
Stat. 326; 119 Stat. 346; 119 Stat. 379; 119 Stat. 394) is
amended by striking ‘‘$115,068,520 for the period of October
1, 2004, through July 27, 2005’’ and inserting ‘‘$116,200,000
for the period of October 1, 2004, through July 30, 2005’’.
(3) CONSTRUCTION OF FERRY BOATS AND FERRY TERMINAL
FACILITIES.—
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119 STAT. 412
PUBLIC LAW 109–40—JULY 28, 2005
(A) IN GENERAL.—Section 1101(a)(10) of such Act (112
Stat. 113; 118 Stat. 1148; 119 Stat. 326; 119 Stat. 346;
119 Stat. 379; 119 Stat. 394) is amended by striking
‘‘$31,232,884 for the period of October 1, 2004, through
July 27, 2005’’ and inserting ‘‘$31,540,000 for the period
of October 1, 2004, through July 30, 2005’’.
(B) SET ASIDE FOR ALASKA, NEW JERSEY, AND WASH-
INGTON.—Section 5(a)(3)(B) of the Surface Transportation
Extension Act of 2004, Part V (118 Stat. 1148; 119 Stat.
326; 119 Stat. 346; 119 Stat. 379; 119 Stat. 394) is
amended—
(i) in clause (i) by striking ‘‘$8,219,180’’ and
inserting ‘‘$8,300,000’’;
(ii) in clause (ii) by striking ‘‘$4,109,590’’ and
inserting ‘‘$4,150,000’’; and
(iii) in clause (iii) by striking ‘‘$4,109,590’’ and
inserting ‘‘$4,150,000’’.
(4) 
NATIONAL
SCENIC
BYWAYS
PROGRAM.—Section
1101(a)(11) of the Transportation Equity Act for the 21st Cen-
tury (112 Stat. 113; 118 Stat. 1148; 119 Stat. 326; 119 Stat.
346; 119 Stat. 379; 119 Stat. 394) is amended by striking
‘‘$21,780,827 for the period of October 1, 2004, through July
27, 2005’’ and inserting ‘‘$21,995,000 for the period of October
1, 2004, through July 30, 2005’’.
(5) VALUE
PRICING
PILOT
PROGRAM.—Section 1101(a)(12)
of such Act (112 Stat. 113; 118 Stat. 1148; 119 Stat. 326;
119 Stat. 346; 119 Stat. 379; 119 Stat. 394) is amended by
striking ‘‘$9,041,098 for the period of October 1, 2004, through
July 27, 2005’’ and inserting ‘‘$9,130,000 for the period of
October 1, 2004, through July 30, 2005’’.
(6) 
HIGHWAY
USE
TAX
EVASION
PROJECTS.—Section
1101(a)(14) of such Act (112 Stat. 113; 118 Stat. 1148; 119
Stat. 326; 119 Stat. 346; 119 Stat. 379; 119 Stat. 394) is
amended by striking ‘‘$4,109,590 for the period of October 1,
2004, through July 27, 2005’’ and inserting ‘‘$4,150,000 for
the period of October 1, 2004, through July 30, 2005’’.
(7) COMMONWEALTH OF PUERTO RICO HIGHWAY PROGRAM.—
Section 1101(a)(15) of the Transportation Equity Act for the
21st Century (112 Stat. 113; 118 Stat. 1149; 119 Stat. 326;
119 Stat. 346; 119 Stat. 379; 119 Stat. 394) is amended by
striking ‘‘$90,410,980 for the period of October 1, 2004, through
July 27, 2005’’ and inserting ‘‘$91,300,000 for the period of
October 1, 2004, through July 30, 2005’’.
(8) SAFETY GRANTS.—Section 1212(i)(1)(D) of such Act (23
U.S.C. 402 note; 112 Stat. 196; 112 Stat. 840; 118 Stat. 1149;
119 Stat. 326; 119 Stat. 346; 119 Stat. 379; 119 Stat. 394)
is amended by striking ‘‘$410,959 for the period of October
1, 2004, through July 27, 2005’’ and inserting ‘‘$415,000 for
the period of October 1, 2004, through July 30, 2005’’.
(9) 
TRANSPORTATION
AND
COMMUNITY
AND
SYSTEM
PRESERVATION PILOT PROGRAM.—Section 1221(e)(1) of such Act
(23 U.S.C. 101 note; 112 Stat. 223; 118 Stat. 1149; 119 Stat.
327; 119 Stat. 346; 119 Stat. 379; 119 Stat. 394) is amended
by striking ‘‘$20,547,950 for the period of October 1, 2004,
through July 27, 2005’’ and inserting ‘‘$20,750,000 for the period
of October 1, 2004, through July 30, 2005’’.
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119 STAT. 413
PUBLIC LAW 109–40—JULY 28, 2005
(10) 
TRANSPORTATION
INFRASTRUCTURE
FINANCE
AND
INNOVATION.—Section 188 of title 23, United States Code, is
amended—
(A) in subsection (a)(1) by striking subparagraph (G)
and inserting the following:
‘‘(G) $107,900,000 for the period of October 1, 2004,
through July 30, 2005.’’;
(B) in subsection (a)(2) by striking ‘‘$1,643,836 for the
period of October 1, 2004, through July 27, 2005’’ and
inserting ‘‘$1,660,000 for the period of October 1, 2004,
through July 30, 2005’’; and
(C) in the item relating to fiscal year 2005 in table
contained in subsection (c) by striking ‘‘$2,136,986,800’’
and inserting ‘‘$2,158,000,000’’.
(11) NATIONAL SCENIC BYWAYS CLEARINGHOUSE.—Section
1215(b)(3) of the Transportation Equity Act for the 21st Century
(112 Stat. 210; 118 Stat. 1149; 119 Stat. 327; 119 Stat. 346;
119 Stat. 379; 119 Stat. 394) is amended—
(A) by striking ‘‘$1,232,877’’ and inserting ‘‘$1,245,000’’;
and
(B) by striking ‘‘July 27’’ and inserting ‘‘July 30’’.
(b) AUTHORIZATION
OF APPROPRIATIONS UNDER TITLE V OF
TEA–21.—
(1) 
SURFACE
TRANSPORTATION
RESEARCH.—Section
5001(a)(1) of the Transportation Equity Act for the 21st Century
(112 Stat. 419; 118 Stat. 1149; 119 Stat. 327; 119 Stat. 346;
119 Stat. 379; 119 Stat. 394) is amended by striking
‘‘$84,657,554 for the period of October 1, 2004, through July
27, 2005’’ and inserting ‘‘$85,490,000 for the period of October
1, 2004, through July 30, 2005’’.
(2) 
TECHNOLOGY
DEPLOYMENT
PROGRAM.—Section
5001(a)(2) of such Act (112 Stat. 419; 118 Stat. 1149; 119
Stat. 327; 119 Stat. 346; 119 Stat. 379; 119 Stat. 394) is
amended by striking ‘‘$41,095,900 for the period of October
1, 2004, through July 27, 2005’’ and inserting ‘‘$41,500,000
for the period of October 1, 2004, through July 30, 2005’’.
(3) TRAINING AND EDUCATION.—Section 5001(a)(3) of such
Act (112 Stat. 420; 118 Stat. 1150; 119 Stat. 327; 119 Stat.
346; 119 Stat. 379; 119 Stat. 394) is amended by striking
‘‘$16,438,360 for the period of October 1, 2004, through July
27, 2005’’ and inserting ‘‘$16,600,000 for the period of October
1, 2004, through July 30, 2005’’.
(4) BUREAU
OF
TRANSPORTATION
STATISTICS.—Section
5001(a)(4) of such Act (112 Stat. 420; 118 Stat. 1150; 119
Stat. 327; 119 Stat. 346; 119 Stat. 379; 119 Stat. 394) is
amended by striking ‘‘$25,479,458 for the period of October
1, 2004, through July 27, 2005’’ and inserting ‘‘$25,730,000
for the period of October 1, 2004, through July 30, 2005’’.
(5) ITS STANDARDS, RESEARCH, OPERATIONAL TESTS, AND
DEVELOPMENT.—Section 5001(a)(5) of such Act (112 Stat. 420;
118 Stat. 1150; 119 Stat. 327; 119 Stat. 346; 119 Stat. 379;
119 Stat. 394) is amended by striking ‘‘$90,410,980 for the
period of October 1, 2004, through July 27, 2005’’ and inserting
‘‘$91,300,000 for the period of October 1, 2004, through July
30, 2005’’.
(6) ITS DEPLOYMENT.—Section 5001(a)(6) of such Act (112
Stat. 420; 118 Stat. 1150; 119 Stat. 327; 119 Stat. 346; 119
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119 STAT. 414
PUBLIC LAW 109–40—JULY 28, 2005
Stat. 379; 119 Stat. 394) is amended by striking ‘‘$100,273,996
for the period of October 1, 2004, through July 27, 2005’’
and inserting ‘‘$101,260,000 for the period of October 1, 2004,
through July 30, 2005’’.
(7) 
UNIVERSITY
TRANSPORTATION
RESEARCH.—Section
5001(a)(7) of such Act (112 Stat. 420; 118 Stat. 1150; 119
Stat. 328; 119 Stat. 346; 119 Stat. 379; 119 Stat. 394) is
amended by striking ‘‘$21,780,827 for the period of October
1, 2004, through July 27, 2005’’ and inserting ‘‘$21,995,000
for the period of October 1, 2004, through July 30, 2005’’.
(c) METROPOLITAN PLANNING.—Section 5(c)(1) of the Surface
Transportation Extension Act of 2004, Part V (118 Stat. 1150;
119 Stat. 328; 119 Stat. 346; 119 Stat. 379; 119 Stat. 394) is
amended by striking ‘‘$178,767,165 for the period of October 1,
2004, through July 27, 2005’’ and inserting ‘‘$180,525,000 for the
period of October 1, 2004, through July 30, 2005’’.
(d) TERRITORIES.—Section 1101(d)(1) of the Transportation
Equity Act for the 21st Century (112 Stat. 111; 118 Stat. 1150;
119 Stat. 328; 119 Stat. 346; 119 Stat. 379; 119 Stat. 394) is
amended by striking ‘‘$29,917,815 for the period of October 1,
2004, through July 27, 2005’’ and inserting ‘‘$30,212,000 for the
period of October 1, 2004, through July 30, 2005’’.
(e) ALASKA HIGHWAY.—Section 1101(e)(1) of such Act (118 Stat.
1150; 119 Stat. 328; 119 Stat. 346; 119 Stat. 379; 119 Stat. 394)
is amended by striking ‘‘$15,452,058 for the period of October 1,
2004, through July 27, 2005’’ and inserting ‘‘$15,604,000 for the
period of October 1, 2004, through July 30, 2005’’.
(f) OPERATION LIFESAVER.—Section 1101(f)(1) of such Act (118
Stat. 1151; 119 Stat. 328; 119 Stat. 346; 119 Stat. 379; 119 Stat.
394) is amended by striking ‘‘$410,959 for the period of October
1, 2004, through July 27, 2005’’ and inserting ‘‘$415,000 for the
period of October 1, 2004, through July 30, 2005’’.
(g) BRIDGE DISCRETIONARY.—Section 1101(g)(1) of such Act (118
Stat. 1151; 119 Stat. 328; 119 Stat. 346; 119 Stat. 379; 119 Stat.
394) is amended—
(1) by striking ‘‘$82,191,800’’ and inserting ‘‘$83,000,000’’;
and
(2) by striking ‘‘July 27’’ and inserting ‘‘July 30’’.
(h) INTERSTATE MAINTENANCE.—Section 1101(h)(1) of such Act
(118 Stat. 1151; 119 Stat. 328; 119 Stat. 346; 119 Stat. 379; 119
Stat. 394) is amended—
(1) by striking ‘‘$82,191,800’’ and inserting ‘‘$83,000,000’’;
and
(2) by striking ‘‘July 27’’ and inserting ‘‘July 30’’.
(i) RECREATIONAL
TRAILS
ADMINISTRATIVE
COSTS.—Section
1101(i)(1) of such Act (118 Stat. 1151; 119 Stat. 328; 119 Stat.
346; 119 Stat. 379; 119 Stat. 394) is amended by striking ‘‘$616,439
for the period of October 1, 2004, through July 27, 2005’’ and
inserting ‘‘$622,500 for the period of October 1, 2004, through
July 30, 2005’’.
(j) RAILWAY-HIGHWAY CROSSING HAZARD ELIMINATION IN HIGH
SPEED RAIL CORRIDORS.—Section 1101(j)(1) of such Act (118 Stat.
1151; 119 Stat. 328; 119 Stat. 346; 119 Stat. 379; 119 Stat. 394)
is amended—
(1) by striking ‘‘$4,315,069’’ and inserting ‘‘$4,357,500’’;
(2) by striking ‘‘$205,480’’ and inserting ‘‘$207,500’’; and
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119 STAT. 415
PUBLIC LAW 109–40—JULY 28, 2005
(3) by striking ‘‘July 27’’ each place it appears and inserting
‘‘July 30’’.
(k) NONDISCRIMINATION.—Section 1101(k) of such Act (118 Stat.
1151; 119 Stat. 328; 119 Stat. 346; 119 Stat. 379; 119 Stat. 394)
is amended—
(1) in paragraph (1) by striking ‘‘$8,219,180 for the period
of October 1, 2004, through July 27, 2005’’ and inserting
‘‘$8,300,000 for the period of October 1, 2004, through July
30, 2005’’; and
(2) in paragraph (2) by striking ‘‘$8,219,180 for the period
of October 1, 2004, through July 27, 2005’’ and inserting
‘‘$8,300,000 for the period of October 1, 2004, through July
30, 2005’’.
(l) ADMINISTRATION
OF FUNDS.—Section 5(l) of the Surface
Transportation Extension Act of 2004, Part V (118 Stat. 1151;
119 Stat. 329; 119 Stat. 346; 119 Stat. 379; 119 Stat. 394) is
amended—
(1) by striking ‘‘and section 4 of the Surface Transportation
Extension Act of 2005, Part IV’’ and inserting ‘‘section 4 of
the Surface Transportation Extension Act of 2005, Part IV,
and section 4 of the Surface Transportation Extension Act
of 2005, Part V’’; and
(2) by striking ‘‘and section 4(a) of the Surface Transpor-
tation Extension Act of 2005, Part IV’’ and inserting ‘‘section
4(a) of the Surface Transportation Extension Act of 2005, Part
IV, and section 4(a) of the Surface Transportation Extension
Act of 2005, Part V’’.
(m) REDUCTION
OF ALLOCATED PROGRAMS.—Section 5(m) of
such Act (118 Stat. 1151; 119 Stat. 329; 119 Stat. 346; 119 Stat.
379; 119 Stat. 394) is amended—
(1) by striking ‘‘and section 4 of Surface Transportation
Extension Act of 2005, Part IV’’ and inserting ‘‘section 4 of
the Surface Transportation Extension Act of 2005, Part IV,
and section 4 of the Surface Transportation Extension Act
of 2005, Part V’’;
(2) by striking ‘‘and section 4 of the Surface Transportation
Extension Act, Part IV’’ the first place it appears and inserting
‘‘section 4 of the Surface Transportation Extension Act of 2005,
Part IV, and section 4 of the Surface Transportation Extension
Act of 2005, Part V’’; and
(3) by striking ‘‘and section 4 of the Surface Transportation
Extension Act, Part IV’’ the second place it appears and
inserting ‘‘section 4 of the Surface Transportation Extension
Act of 2005, Part IV, and section 4 of the Surface Transportation
Extension Act of 2005, Part V’’.
(n) PROGRAM CATEGORY RECONCILIATION.—Section 5(n) of such
Act (118 Stat. 1151; 119 Stat. 329; 119 Stat. 346; 119 Stat. 379;
119 Stat. 394) is amended by striking ‘‘and section 4 of the Surface
Transportation Extension Act, Part IV’’ and inserting ‘‘section 4
of the Surface Transportation Extension Act of 2005, Part IV,
and section 4 of the Surface Transportation Extension Act of 2005,
Part V’’.
SEC. 5. EXTENSION OF HIGHWAY SAFETY PROGRAMS.
(a) CHAPTER 1 HIGHWAY SAFETY PROGRAMS.—
(1) SEAT BELT SAFETY INCENTIVE GRANTS.—Section 157(g)(1)
of title 23, United States Code, is amended by striking
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119 STAT. 416
PUBLIC LAW 109–40—JULY 28, 2005
‘‘$92,054,794 for the period of October 1, 2004, through July
27, 2005’’ and inserting ‘‘$92,975,342 for the period of October
1, 2004, through July 30, 2005’’.
(2) 
PREVENTION
OF
INTOXICATED
DRIVER
INCENTIVE
GRANTS.—Section 163(e)(1) of such title is amended by striking
‘‘$90,410,958 for the period of October 1, 2004, through July
27, 2005’’ and inserting ‘‘$91,315,068 for the period of October
1, 2004, through July 30, 2005’’.
(b) CHAPTER 4 HIGHWAY SAFETY PROGRAMS.—Section 2009(a)(1)
of the Transportation Equity Act for the 21st Century (112 Stat.
337; 118 Stat. 1152; 119 Stat. 329; 119 Stat. 346; 119 Stat. 379;
119 Stat. 394) is amended by striking ‘‘$135,616,438 for the period
of October 1, 2004, through July 27, 2005’’ and inserting
‘‘$136,972,603 for the period of October 1, 2004, through July 30,
2005’’.
(c) HIGHWAY SAFETY RESEARCH AND DEVELOPMENT.—Section
2009(a)(2) of such Act (112 Stat. 337; 118 Stat. 1152; 119 Stat.
329; 119 Stat. 346; 119 Stat. 379; 119 Stat. 394) is amended
by striking ‘‘$59,178,082 for the period of October 1, 2004, through
July 27, 2005’’ and inserting ‘‘$59,769,863 for the period of October
1, 2004, through July 30, 2005’’.
(d) 
OCCUPANT
PROTECTION
INCENTIVE
GRANTS.—Section
2009(a)(3) of such Act (112 Stat. 337; 118 Stat. 1152; 119 Stat.
329; 119 Stat. 346; 119 Stat. 379; 119 Stat. 394) is amended
by striking ‘‘$16,438,356 for the period of October 1, 2004, through
July 27, 2005’’ and inserting ‘‘$16,602,704 for the period of October
1, 2004, through July 30, 2005’’.
(e) ALCOHOL-IMPAIRED DRIVING COUNTERMEASURES INCENTIVE
GRANTS.—Section 2009(a)(4) of such Act (112 Stat. 337; 118 Stat.
1153; 119 Stat. 329; 119 Stat. 346; 119 Stat. 379; 119 Stat. 394)
is amended by striking ‘‘$32,876,712 for the period of October 1,
2004, through July 27, 2005’’ and inserting ‘‘$33,205,479 for the
period of October 1, 2004, through July 30, 2005’’.
(f) NATIONAL DRIVER REGISTER.—
(1) FUNDING.—Section 2009(a)(6) of such Act (112 Stat.
338; 118 Stat. 1153; 119 Stat. 330; 119 Stat. 346; 119 Stat.
379; 119 Stat. 394) is amended by striking ‘‘$2,958,904 for
the period of October 1, 2004, through July 27, 2005’’ and
inserting ‘‘$2,988,493 for the period of October 1, 2004, through
July 30, 2005’’.
(2) CONTRACT AUTHORITY.—Funds made available by the
amendments made by paragraph (1) and by section 5(f) of
the Surface Transportation Extension Act of 2005 (119 Stat.
330; 119 Stat. 346; 119 Stat. 379; 119 Stat. 394) shall be
available for obligation in the same manner as if such funds
were apportioned under chapter 1 of title 23, United States
Code.
SEC. 6. FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION PRO-
GRAM.
(a) ADMINISTRATIVE EXPENSES.—Section 7(a)(1) of the Surface
Transportation Extension Act of 2004, Part V (118 Stat. 1153;
119 Stat. 330; 119 Stat. 346; 119 Stat. 379; 119 Stat. 394) is
amended by striking ‘‘$211,682,467 for the period of October 1,
2004, through July 27, 2005’’ and inserting ‘‘$213,799,290 for the
period of October 1, 2004, through July 30, 2005’’.
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119 STAT. 417
PUBLIC LAW 109–40—JULY 28, 2005
(b) MOTOR CARRIER SAFETY ASSISTANCE PROGRAM.—Section
31104(a)(8) of title 49, United States Code, is amended to read
as follows:
‘‘(8) Not more than $140,293,151 for the period of October
1, 2004, through July 30, 2005.’’.
(c) INFORMATION SYSTEMS AND COMMERCIAL DRIVER’S LICENSE
GRANTS.—
(1) AUTHORIZATION OF APPROPRIATION.—Section 31107(a)(6)
of such title is amended to read as follows:
‘‘(6) $16,602,740 for the period of October 1, 2004, through
July 30, 2005.’’.
(2) EMERGENCY CDL GRANTS.—Section 7(c)(2) of the Surface
Transportation Extension Act of 2004, Part V (118 Stat. 1153;
119 Stat. 330; 119 Stat. 346; 119 Stat. 379; 119 Stat. 394)
is amended—
(A) by striking ‘‘July 27’’ and inserting ‘‘July 30’’; and
(B) by striking ‘‘$821,918’’ and inserting ‘‘$830,137’’.
(d) CRASH CAUSATION STUDY.—Section 7(d) of such Act (118
Stat. 1154; 119 Stat. 330; 119 Stat. 346; 119 Stat. 379; 119 Stat.
394) is amended—
(1) by striking ‘‘$821,918’’ and inserting ‘‘$830,137’’; and
(2) by striking ‘‘July 27’’ and inserting ‘‘July 30’’.
SEC. 7. EXTENSION OF FEDERAL TRANSIT PROGRAMS.
(a) ALLOCATING AMOUNTS.—Section 5309(m) of title 49, United
States Code, is amended—
(1) in the matter preceding subparagraph (A) of paragraph
(1) by striking ‘‘July 27, 2005’’ and inserting ‘‘July 30, 2005’’;
(2) in paragraph (2)(B)(iii)—
(A) in the heading by striking ‘‘JULY
27, 2005’’ and
inserting ‘‘JULY 30, 2005’’;
(B) by striking ‘‘$8,547,000’’ and inserting ‘‘$8,550,000’’;
and
(C) by striking ‘‘July 27, 2005’’ and inserting ‘‘July
30, 2005’’;
(3) in paragraph (3)(B)—
(A) by striking ‘‘$2,465,754’’ and inserting ‘‘$2,470,000’’;
and
(B) by striking ‘‘July 27, 2005’’ and inserting ‘‘July
30, 2005’’; and
(4) in paragraph (3)(C)—
(A) 
by 
striking 
‘‘$41,095,900’’ 
and 
inserting
‘‘$41,506,850’’; and
(B) by striking ‘‘July 27, 2005’’ and inserting ‘‘July
30, 2005’’.
(b) FORMULA GRANTS AUTHORIZATIONS.—Section 5338(a) of title
49, United States Code, is amended—
(1) in the heading to paragraph (2) by striking ‘‘JULY 27,
2005’’ and inserting ‘‘JULY 30, 2005’’;
(2) in paragraph (2)(A)(vii)—
(A) 
by 
striking 
‘‘$2,795,000,000’’ 
and 
inserting
‘‘$2,796,817,658’’; and
(B) by striking ‘‘July 27, 2005’’ and inserting ‘‘July
30, 2005’’;
(3) in paragraph (2)(B)(vii) by striking ‘‘July 27, 2005’’
and inserting ‘‘July 30, 2005’’; and
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119 STAT. 418
PUBLIC LAW 109–40—JULY 28, 2005
(4) in paragraph (2)(C) by striking ‘‘July 27, 2005’’ and
inserting ‘‘July 30, 2005’’.
(c) FORMULA
GRANT
FUNDS.—Section 8(d) of the Surface
Transportation Extension Act of 2004, Part V (118 Stat. 1155;
119 Stat. 331; 119 Stat. 346; 119 Stat. 379; 119 Stat. 394) is
amended—
(1) in the heading by striking ‘‘JULY 27, 2005’’ and inserting
‘‘JULY 30, 2005’’;
(2) in the matter preceding paragraph (1) by striking ‘‘July
27, 2005’’ and inserting ‘‘July 30, 2005’’;
(3) in paragraph (1) by striking ‘‘$3,986,261’’ and inserting
‘‘$4,026,123’’;
(4) in paragraph (2) by striking ‘‘$41,095,900’’ and inserting
‘‘$41,506,850’’;
(5) in paragraph (3) by striking ‘‘$79,100,000’’ and inserting
‘‘$79,102,926’’;
(6) in paragraph (4) by striking ‘‘$210,000,000’’ and
inserting ‘‘$212,000,000’’; and
(7) in paragraph (5) by striking ‘‘$5,712,330’’ and inserting
‘‘$5,769,452’’.
(d) CAPITAL PROGRAM AUTHORIZATIONS.—Section 5338(b)(2) of
title 49, United States Code, is amended—
(1) in the heading by striking ‘‘JULY 27, 2005’’ and inserting
‘‘JULY 30, 2005’’;
(2) in subparagraph (A)(vii)—
(A) 
by 
striking 
‘‘$2,309,000,366’’ 
and 
inserting
‘‘$2,336,442,169’’; and
(B) by striking ‘‘July 27, 2005’’ and inserting ‘‘July
30, 2005’’; and
(3) in subparagraph (B)(vii) by striking ‘‘July 27, 2005’’
and inserting ‘‘July 30, 2005’’.
(e) PLANNING
AUTHORIZATIONS
AND
ALLOCATIONS.—Section
5338(c)(2) of title 49, United States Code, is amended—
(1) in the heading by striking ‘‘JULY 27, 2005’’ and inserting
‘‘JULY 30, 2005’’;
(2) in subparagraph (A)(vii)—
(A) 
by 
striking 
‘‘$49,546,681’’ 
and 
inserting
‘‘$50,146,668’’; and
(B) by striking ‘‘July 27, 2005’’ and inserting ‘‘July
30, 2005’’; and
(3) in subparagraph (B)(vii) by striking ‘‘July 27, 2005’’
and inserting ‘‘July 30, 2005’’.
(f) RESEARCH AUTHORIZATIONS.—Section 5338(d)(2) of title 49,
United States Code, is amended—
(1) in the heading by striking ‘‘JULY 27, 2005’’ and inserting
‘‘JULY 30, 2005’’;
(2) in subparagraph (A)(vii)—
(A) 
by 
striking 
‘‘$39,554,804’’ 
and 
inserting
‘‘$39,950,343’’; and
(B) by striking ‘‘July 27, 2005’’ and inserting ‘‘July
30, 2005’’;
(3) in subparagraph (B)(vii) by striking ‘‘July 27, 2005’’
and inserting ‘‘July 30, 2005’’; and
(4) in subparagraph (C) by striking ‘‘July 27, 2005’’ and
inserting ‘‘July 30, 2005’’.
(g) ALLOCATION OF RESEARCH FUNDS.—Section 8(h) of the Sur-
face Transportation Extension Act of 2004, Part V (118 Stat. 1156;
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PUBLIC LAW 109–40—JULY 28, 2005
119 Stat. 332; 119 Stat. 346; 119 Stat. 379; 119 Stat. 394) is
amended—
(1) in the heading by striking ‘‘JULY 27, 2005’’ and inserting
‘‘JULY 30, 2005’’;
(2) in the matter preceding paragraph (1) by striking ‘‘July
27, 2005’’ and inserting ‘‘July 30, 2005’’;
(3) in paragraph (1) by striking ‘‘$4,315,070’’ and inserting
‘‘$4,358,219’’;
(4) in paragraph (2) by striking ‘‘$6,780,824’’ and inserting
‘‘$6,848,630’’; and
(5) in paragraph (3)—
(A) by striking ‘‘$3,287,672’’ and inserting ‘‘$3,320,548’’;
and
(B) by striking ‘‘$821,918’’ and inserting ‘‘$830,137’’.
(h) UNIVERSITY TRANSPORTATION RESEARCH AUTHORIZATIONS.—
Section 5338(e)(2) of title 49, United States Code, is amended—
(1) in the heading by striking ‘‘JULY 27, 2005’’ and inserting
‘‘JULY 30, 2005’’;
(2) in subparagraph (A)—
(A) by striking ‘‘$4,131,508’’ and inserting ‘‘$4,180,822’’;
and
(B) by striking ‘‘July 27, 2005’’ and inserting ‘‘July
30, 2005’’;
(3) in subparagraph (B) by striking ‘‘July 27, 2005’’ and
inserting ‘‘July 30, 2005’’; and
(4) in subparagraphs (C)(i) and (C)(iii) by striking ‘‘July
27, 2005’’ and inserting ‘‘July 30, 2005’’.
(i) ALLOCATION
OF UNIVERSITY TRANSPORTATION RESEARCH
FUNDS.—
(1) IN GENERAL.—Section 8(j) of the Surface Transportation
Extension Act of 2004, Part V (118 Stat. 1157; 119 Stat. 332;
119 Stat. 346; 119 Stat. 379; 119 Stat. 394) is amended—
(A) in the matter preceding subparagraph (A) of para-
graph (1) by striking ‘‘July 27, 2005’’ and inserting ‘‘July
30, 2005’’;
(B) in paragraph (1)(A) by striking ‘‘$1,643,836’’ and
inserting ‘‘$1,660,274’’;
(C) in paragraph (1)(B) by striking ‘‘$1,643,836’’ and
inserting ‘‘$1,660,274’’; and
(D) in paragraph (2) by striking ‘‘July 27, 2005’’ and
inserting ‘‘July 30, 2005’’.
(2) CONFORMING AMENDMENT.—Section 3015(d)(2) of the
Transportation Equity Act for the 21st Century (49 U.S.C.
5338 note; 112 Stat. 857; 118 Stat. 1157; 119 Stat. 332; 119
Stat. 346; 119 Stat. 379; 119 Stat. 394) is amended by striking
‘‘July 27, 2005’’ and inserting ‘‘July 30, 2005’’.
(j) ADMINISTRATION AUTHORIZATIONS.—Section 5338(f)(2) of title
49, United States Code, is amended—
(1) in the heading by striking ‘‘JULY 27, 2005’’ and inserting
‘‘JULY 30, 2005’’;
(2) in subparagraph (A)(vii)—
(A) 
by 
striking 
‘‘$53,709,604’’ 
and 
inserting
‘‘$54,350,686’’; and
(B) by striking ‘‘July 27, 2005’’ and inserting ‘‘July
30, 2005’’; and
(3) in subparagraph (B)(vii) by striking ‘‘July 27, 2005’’
and inserting ‘‘July 30, 2005’’.
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PUBLIC LAW 109–40—JULY 28, 2005
(k) JOB ACCESS AND REVERSE COMMUTE PROGRAM.—Section
3037(l) of the Transportation Equity Act for the 21st Century (49
U.S.C. 5309 note; 112 Stat. 391; 118 Stat. 1157; 119 Stat. 333;
119 Stat. 346; 119 Stat. 379; 119 Stat. 394) is amended—
(1) in paragraph (1)(A)(vii)—
(A) 
by 
striking 
‘‘$82,739,750’’ 
and 
inserting
‘‘$83,767,125’’; and
(B) by striking ‘‘July 27, 2005’’ and inserting ‘‘July
30, 2005’’;
(2) in paragraph (1)(B)(vii) by striking ‘‘July 27, 2005’’
and inserting ‘‘July 30, 2005’’; and
(3) in paragraph (2) by striking ‘‘July 27, 2005, not more
than $8,219,180’’ and inserting ‘‘July 30, 2005, not more than
$8,301,370’’.
(l) RURAL
TRANSPORTATION
ACCESSIBILITY
INCENTIVE
PRO-
GRAM.—Section 3038(g) of the Transportation Equity Act for the
21st Century (49 U.S.C. 5310 note; 112 Stat. 393; 118 Stat. 1158;
119 Stat. 333; 119 Stat. 346; 119 Stat. 379; 119 Stat. 394) is
amended—
(1) by striking paragraph (1)(G) and inserting the following:
‘‘(G) $5,769,452 for the period of October 1, 2004,
through July 30, 2005.’’; and
(2) in paragraph (2)—
(A) by striking ‘‘$1,428,082’’ and inserting ‘‘$1,428,124’’;
and
(B) by striking ‘‘July 27, 2005’’ and inserting ‘‘July
30, 2005’’.
(m) URBANIZED AREA FORMULA GRANTS.—Section 5307(b)(2)
of title 49, United States Code, is amended—
(1) in the heading by striking ‘‘JULY 27, 2005’’ and inserting
‘‘JULY 30, 2005’’; and
(2) in subparagraph (A) by striking ‘‘July 27, 2005’’ and
inserting ‘‘July 30, 2005’’.
(n) OBLIGATION CEILING.—Section 3040(7) of the Transportation
Equity Act for the 21st Century (112 Stat. 394; 118 Stat. 1158;
119 Stat. 333; 119 Stat. 346; 119 Stat. 379; 119 Stat. 394) is
amended—
(1) 
by 
striking 
‘‘$6,335,343,944’’ 
and 
inserting
‘‘$6,398,695,996’’; and
(2) by striking ‘‘July 27, 2005’’ and inserting ‘‘July 30,
2005’’.
(o) FUEL CELL BUS AND BUS FACILITIES PROGRAM.—Section
3015(b) of the Transportation Equity Act for the 21st Century
(112 Stat. 361; 118 Stat. 1158; 119 Stat. 333; 119 Stat. 346; 119
Stat. 379; 119 Stat. 394) is amended—
(1) by striking ‘‘July 27, 2005’’ and inserting ‘‘July 30,
2005’’; and
(2) by striking ‘‘$3,986,000’’ and inserting ‘‘$4,026,164’’.
(p) ADVANCED TECHNOLOGY PILOT PROJECT.—Section 3015(c)(2)
of the Transportation Equity Act for the 21st Century (49 U.S.C.
322 note; 112 Stat. 361; 118 Stat. 1158; 119 Stat. 334; 119 Stat.
346; 119 Stat. 379; 119 Stat. 394) is amended—
(1) by striking ‘‘July 27, 2005’’ and inserting ‘‘July 30,
2005,’’; and
(2) by striking ‘‘$4,100,000’’ and inserting ‘‘$4,150,685’’.
(q) PROJECTS FOR NEW FIXED GUIDEWAY SYSTEMS AND EXTEN-
SIONS
TO EXISTING SYSTEMS.—Subsections (a), (b), and (c)(1) of
Ante, p. 403.
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PUBLIC LAW 109–40—JULY 28, 2005
section 3030 of the Transportation Equity Act for the 21st Century
(112 Stat. 373; 118 Stat. 1158; 119 Stat. 334; 119 Stat. 346; 119
Stat. 379; 119 Stat. 394) are amended by striking ‘‘July 27, 2005’’
and inserting ‘‘July 30, 2005’’.
(r) NEW JERSEY URBAN CORE PROJECT.—Subparagraphs (A),
(B), and (C) of section 3031(a)(3) of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 2122; 118 Stat.
1158; 119 Stat. 334; 119 Stat. 346; 119 Stat. 379; 119 Stat. 394)
are amended by striking ‘‘July 27, 2005’’ and inserting ‘‘July 30,
2005’’.
(s) LOCAL SHARE.—Section 3011(a) of the Transportation Equity
Act for the 21st Century (49 U.S.C. 5307 note; 118 Stat. 1158;
119 Stat. 334; 119 Stat. 346; 119 Stat. 379; 119 Stat. 394) is
amended by striking ‘‘July 27, 2005’’ and inserting ‘‘July 30, 2005’’.
SEC. 8. SPORT FISHING AND BOATING SAFETY.
(a) FUNDING FOR NATIONAL OUTREACH AND COMMUNICATIONS
PROGRAM.—Section 4(c)(7) of the Dingell-Johnson Sport Fish Res-
toration Act (16 U.S.C. 777c(c)) is amended to read as follows:
‘‘(7) $8,301,370 for the period of October 1, 2004, through
July 30, 2005;’’.
(b) CLEAN VESSEL ACT FUNDING.—Section 4(b)(4) of such Act
(16 U.S.C. 777c(b)(4)) is amended to read as follows:
‘‘(4) FIRST 303 DAYS OF FISCAL YEAR 2005.—For the period
of October 1, 2004, through July 30, 2005, of the balance
of each annual appropriation remaining after making the dis-
tribution under subsection (a), an amount equal to $68,071,233,
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) $8,301,370 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) $6,641,096 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—
(1) by striking ‘‘$4,100,000’’ and inserting ‘‘$4,150,685’’; and
(2) by striking ‘‘$1,643,836’’ and inserting ‘‘$1,660,274’’.
SEC. 9. EXTENSION OF AUTHORIZATION FOR USE OF TRUST FUNDS
FOR OBLIGATIONS UNDER TEA–21.
(a) HIGHWAY TRUST FUND.—
(1) IN GENERAL.—Paragraph (1) of section 9503(c) of the
Internal Revenue Code of 1986 is amended—
(A) in the matter before subparagraph (A), by striking
‘‘July 28, 2005’’ and inserting ‘‘July 31, 2005’’;
26 USC 9503.
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PUBLIC LAW 109–40—JULY 28, 2005
(B) by striking ‘‘or’’ at the end of subparagraph (N);
(C) by striking the period at the end of subparagraph
(O) and inserting ‘‘, or’’;
(D) by inserting after subparagraph (O) the following
new subparagraph:
‘‘(P) authorized to be paid out of the Highway Trust
Fund under the Surface Transportation Extension Act of
2005, Part V.’’; and
(E) in the matter after subparagraph (P), as added
by this paragraph, by striking ‘‘Surface Transportation
Extension Act of 2005, Part IV’’ and inserting ‘‘Surface
Transportation Extension Act of 2005, 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
‘‘July 28, 2005’’ and inserting ‘‘July 31, 2005’’;
(B) in subparagraph (L), by striking ‘‘or’’ at the end
of such subparagraph;
(C) in subparagraph (M), by inserting ‘‘or’’ at the end
of such subparagraph;
(D) by inserting after subparagraph (M) the following
new subparagraph:
‘‘(N) the Surface Transportation Extension Act of 2005,
Part V,’’; and
(E) in the matter after subparagraph (N), as added
by this paragraph, by striking ‘‘Surface Transportation
Extension Act of 2005, Part IV’’ and inserting ‘‘Surface
Transportation Extension Act of 2005, Part V’’.
(3) EXCEPTION
TO
LIMITATION
ON
TRANSFERS.—Subpara-
graph (B) of section 9503(b)(6) of such Code is amended by
striking ‘‘July 28, 2005’’ and inserting ‘‘July 31, 2005’’.
(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 2005, Part IV’’ each place it appears and inserting ‘‘Surface
Transportation Extension Act of 2005, Part V’’.
(2) BOAT SAFETY ACCOUNT.—Subsection (c) of section 9504
of such Code is amended—
(A) by striking ‘‘July 28, 2005’’ and inserting ‘‘July
31, 2005’’; and
(B) by striking ‘‘Surface Transportation Extension Act
of 2005, Part IV’’ and inserting ‘‘Surface Transportation
Extension Act of 2005, Part V’’.
(3) EXCEPTION TO LIMITATION ON TRANSFERS.—Paragraph
(2) of section 9504(d) of such Code is amended by striking
‘‘July 28, 2005’’ and inserting ‘‘July 31, 2005’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall take effect on the date of the enactment of this Act.
(d) 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 July 30, 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—
26 USC 9503
note.
26 USC 9504.
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PUBLIC LAW 109–40—JULY 28, 2005
LEGISLATIVE HISTORY—H.R. 3453:
CONGRESSIONAL RECORD, Vol. 151 (2005):
July 27, considered and passed House and Senate.
(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.
Approved July 28, 2005.
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