Surface Transportation Extension Act of 2004, Part V
PL 108-310 (H.R.5183), enacted 09/30/2004

118 STAT. 1144
PUBLIC LAW 108–310—SEPT. 30, 2004
Public Law 108–310
108th 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 2004, Part V’’.
SEC. 2. ADVANCES.
(a) IN GENERAL.—
(1) APPORTIONMENT RATIO.—Except as provided in para-
graph (2), the Secretary of Transportation shall apportion funds
made available under section 1101(l) of the Transportation
Equity Act for the 21st Century (112 Stat. 111; 118 Stat.
876), as amended by this section, to each State in the ratio
that—
(A) the State’s total fiscal year 2004 obligation
authority for funds apportioned for the Federal-aid highway
program; bears to
(B) all States’ total fiscal year 2004 obligation authority
for funds apportioned for the Federal-aid highway program.
(2) EXCEPTION.—The ratios determined under this sub-
section shall be subject to the same adjustments as the adjust-
ments made under section 105(f) of title 23, United States
Code.
(b) PROGRAMMATIC DISTRIBUTIONS.—
(1) PROGRAMS.—Of the funds to be apportioned to each
State under subsection (a), the Secretary shall ensure that
the State is apportioned an amount of the funds, determined
under paragraph (2), for the Interstate maintenance program,
the National Highway System program, the bridge program,
the surface transportation program, the congestion mitigation
and air quality improvement program, the recreational trails
program, the Appalachian development highway system pro-
gram, and the minimum guarantee.
(2) IN GENERAL.—The amount that each State shall be
apportioned under this subsection for each item referred to
in paragraph (1) shall be determined by multiplying—
(A) the amount apportioned to the State under sub-
section (a); by
(B) the ratio that—
23 USC 104 note.
Surface
Transportation
Extension Act of
2004, Part V.
23 USC 101 note.
Sept. 30, 2004
[H.R. 5183]
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118 STAT. 1145
PUBLIC LAW 108–310—SEPT. 30, 2004
(i) the amount of funds apportioned for the item
to the State for fiscal year 2004; bears to
(ii) the total of the amount of funds apportioned
for the items to the State for fiscal year 2004.
(3) ADMINISTRATION OF FUNDS.—Funds authorized by the
amendment made under subsection (d) shall be administered
as if the funds had been apportioned, allocated, deducted, or
set aside, as the case may be, under title 23, United States
Code; except that the deductions and set-asides in the following
sections of such title shall not apply to such funds: sections
104(a)(1)(A), 104(a)(1)(B), 104(b)(1)(A), 104(d)(1), 104(d)(2),
104(f)(1), 104(h)(1), 118(c)(1), 140(b), 140(c), and 144(g)(1).
(4) SPECIAL RULES FOR MINIMUM GUARANTEE.—In carrying
out the minimum guarantee under section 105(c) of title 23,
United States Code, with funds apportioned under this section
for the minimum guarantee, the $2,800,000,000 set forth in
paragraph (1) of such section 105(c) shall be treated as being
$1,866,666,667 and the aggregate of amounts apportioned to
the States under this section for the minimum guarantee shall
be treated, for purposes of such section 105(c), as amounts
made available under section 105 of such title.
(5) EXTENSION OF OFF-SYSTEM BRIDGE SETASIDE.—Section
144(g)(3) of title 23, United States Code, is amended by
inserting after ‘‘2004’’ the following: ‘‘and in the period of
October 1, 2004, through May 31, 2005,’’.
(c) REPAYMENT FROM FUTURE APPORTIONMENTS.—
(1) IN GENERAL.—The Secretary shall reduce the amount
that would be apportioned, but for this section, to a State
for programs under chapter 1 of title 23, United States Code,
for fiscal year 2005, under a multiyear law reauthorizing the
Federal-aid highway program enacted after the date of enact-
ment of this Act by the amount that is apportioned to each
State under subsection (a) and section 5(c) for each such pro-
gram.
(2) PROGRAM
CATEGORY
RECONCILIATION.—The Secretary
may establish procedures under which funds apportioned under
subsection (a) for a program category for which funds are
not authorized under a law described in paragraph (1) may
be restored to the Federal-aid highway program.
(d) AUTHORIZATION
OF CONTRACT AUTHORITY.—Section 1101
of the Transportation Equity Act for the 21st Century (112 Stat.
111–115; 117 Stat. 1118; 118 Stat. 876) is amended by adding
at the end the following:
‘‘(l) ADVANCE AUTHORIZATION FOR FISCAL YEAR 2005.—
‘‘(1) IN GENERAL.—There shall be available from the High-
way Trust Fund (other than the Mass Transit Account) to
carry out section 2(a) of the Surface Transportation Extension
Act of 2004, Part V $22,685,936,000 for the period of October
1, 2004, through May 31, 2005.
‘‘(2) SPECIAL RULE.—Funds apportioned under section 2(a)
of the Surface Transportation Extension Act of 2004, Part V
shall be subject to a limitation on obligations for Federal-
aid highways and highway safety construction programs.
‘‘(3) CONTRACT AUTHORITY.—Funds made available by this
subsection shall be available for obligation in the same manner
as if such funds were apportioned under chapter 1 of title
23, United States Code.’’.
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118 STAT. 1146
PUBLIC LAW 108–310—SEPT. 30, 2004
(e) LIMITATION ON OBLIGATIONS.—
(1) IN GENERAL.—Subject to paragraph (2), upon enactment
of an Act making appropriations for the Department of
Transportation for fiscal year 2005 (other than an Act or resolu-
tion making continuing appropriations), the Secretary shall
distribute 8⁄12 of the obligation limitation for Federal-aid high-
ways and highway safety construction programs provided by
such Act according to the provisions of such Act.
(2) EXCEPTIONS.—–
(A) DETERMINATION OF AMOUNTS.—Any instruction in
such Act that would require the distribution or reservation
of obligation limitation prior to distributing the remainder
of the obligation limitation to the States shall be executed
as if the program, project, or activity for which obligation
limitation is so distributed or reserved was authorized at
an amount equivalent to the greater of—
(i) the amount authorized for such program,
project, or activity in this Act; or
(ii) 8⁄12 of the amount provided for or limitation
set on such program, project, or activity in the Act
making appropriations for the Department of Transpor-
tation for fiscal year 2005.
(B) MINIMUM GUARANTEE.—Obligations for the period
October 1, 2004, through May 31, 2005, shall not exceed
the obligation limitation distributed by this subsection,
except that this limitation shall not apply to $426,000,000
in obligations for minimum guarantee for such period.
(3) TIME PERIOD FOR OBLIGATIONS.—After May 31, 2005,
no funds shall be obligated for any Federal-aid highway pro-
gram project until the date of enactment of a multiyear law
reauthorizing the Federal-aid highway program enacted after
the date of enactment of this Act.
(4) TREATMENT OF OBLIGATIONS.—Any obligation of obliga-
tion authority distributed under this subsection shall be consid-
ered to be an obligation for Federal-aid highways and highway
safety construction programs for fiscal year 2005 for the pur-
poses of any obligation limitation set in an Act making appro-
priations for the Department of Transportation for fiscal year
2005.
SEC. 3. TRANSFERS OF UNOBLIGATED APPORTIONMENTS.
(a) IN GENERAL.—In addition to any other authority of a State
to transfer funds, for fiscal year 2005, a State may transfer any
funds apportioned to the State for any program under section
104(b) (including amounts apportioned under section 104(b)(3) or
set aside, made available, or suballocated under section 133(d))
or section 144 of title 23, United States Code, before, on, or after
the date of enactment of this Act, that are subject to any limitation
on obligations, and that are not obligated, to any other of those
programs.
(b) TREATMENT
OF TRANSFERRED FUNDS.—Any funds trans-
ferred to another program under subsection (a) shall be subject
to the provisions of the program to which the funds are transferred,
except that funds transferred to a program under section 133 (other
than subsections (d)(1) and (d)(2)) of title 23, United States Code,
shall not be subject to section 133(d) of that title.
(c) RESTORATION OF APPORTIONMENTS.—
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118 STAT. 1147
PUBLIC LAW 108–310—SEPT. 30, 2004
(1) IN
GENERAL.—As soon as practicable after the date
of enactment of a multiyear law reauthorizing the Federal-
aid highway program enacted after the date of enactment of
this Act, the Secretary of Transportation shall restore any
funds that a State transferred under subsection (a) for any
project not eligible for the funds but for this section to the
program category from which the funds were transferred.
(2) PROGRAM
CATEGORY
RECONCILIATION.—The Secretary
may establish procedures under which funds transferred under
subsection (a) from a program category for which funds are
not authorized may be restored to the Federal-aid highway
program.
(3) LIMITATION ON STATUTORY CONSTRUCTION.—No provi-
sion of law, except a statute enacted after the date of enactment
of this Act that expressly limits the application of this sub-
section, shall impair the authority of the Secretary to restore
funds pursuant to this subsection.
(d) GUIDANCE.—The Secretary may issue guidance for use in
carrying out this section.
(e) PROHIBITION
OF TRANSFERS.—Notwithstanding any other
provision of this section, no funds may be transferred by a State
under subsection (a)—
(1) from amounts apportioned to the State for the conges-
tion mitigation and air quality improvement program; and
(2) from amounts apportioned to the State for the surface
transportation program and that are subject to any of para-
graphs (1), (2), and (3)(A)(i) of section 133(d) of title 23, United
States Code.
SEC. 4. ADMINISTRATIVE EXPENSES.
(a) AUTHORIZATION OF CONTRACT AUTHORITY.—There shall be
available from the Highway Trust Fund (other than the Mass
Transit Account) for administrative expenses of the Federal-aid
highway program $234,682,667 for fiscal year 2005.
(b) CONTRACT AUTHORITY.—Funds made available by this sec-
tion shall be available for obligation in the same manner as if
such funds were apportioned under chapter 1 of title 23, United
States Code, and shall be subject to a limitation on obligations
for Federal-aid highways and highway safety construction programs;
except that such funds shall remain available until expended.
SEC. 5. OTHER FEDERAL-AID HIGHWAY PROGRAMS.
(a) AUTHORIZATION
OF APPROPRIATIONS UNDER TITLE I OF
TEA21.—
(1) FEDERAL LANDS HIGHWAYS.—
(A) INDIAN RESERVATION ROADS.—Section 1101(a)(8)(A)
of the Transportation Equity Act for the 21st Century
(112 Stat. 112; 118 Stat. 877) is amended—
(i) by inserting before the period at the end the
following: ‘‘and $183,333,333 for the period of October
1, 2004, through May 31, 2005’’; and
(ii) by adding at the end the following: ‘‘The min-
imum amount made available for such period that
the Secretary, in cooperation with the Secretary of
the Interior, shall reserve for Indian reservation road
bridges under section 202(d)(4) of title 23, United
States 
Code, 
shall 
be 
$8,666,667 
instead 
of
$13,000,000.’’.
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118 STAT. 1148
PUBLIC LAW 108–310—SEPT. 30, 2004
(B) PUBLIC LANDS HIGHWAYS.—Section 1101(a)(8)(B) of
such Act (112 Stat. 112; 118 Stat. 878) is amended by
inserting before the period at the end the following: ‘‘and
$164,000,000 for the period of October 1, 2004, through
May 31, 2005’’.
(C) PARK ROADS AND PARKWAYS.—Section 1101(a)(8)(C)
of such Act (112 Stat. 112; 118 Stat. 878) is amended
by inserting before the period at the end the following:
‘‘and $110,000,000 for the period of October 1, 2004,
through May 31, 2005’’.
(D) REFUGE ROADS.—Section 1101(a)(8)(D) of such Act
(112 Stat. 112; 118 Stat. 878) is amended by inserting
before the period at the end the following: ‘‘and $13,333,333
for the period of October 1, 2004, through May 31, 2005’’.
(2) NATIONAL CORRIDOR PLANNING AND DEVELOPMENT AND
COORDINATED
BORDER
INFRASTRUCTURE
PROGRAMS.—Section
1101(a)(9) of such Act (112 Stat. 112; 118 Stat. 878) is amended
by inserting before the period at the end the following: ‘‘and
$93,333,333 for the period of October 1, 2004, through May
31, 2005’’.
(3) CONSTRUCTION OF FERRY BOATS AND FERRY TERMINAL
FACILITIES.—
(A) IN GENERAL.—Section 1101(a)(10) of such Act (112
Stat. 113; 118 Stat. 878) is amended by inserting before
the period at the end the following: ‘‘and $25,333,333 for
the period of October 1, 2004, through May 31, 2005’’.
(B) SET ASIDE FOR ALASKA, NEW JERSEY, AND WASH-
INGTON.—To carry out section 1064 of the Intermodal Sur-
face Transportation Efficiency Act of 1991 (23 U.S.C. 129
note; 105 Stat. 2005; 112 Stat. 185; 118 Stat. 878), of
funds made available by the amendment made by subpara-
graph (A)—
(i) $6,666,667 shall be available for section
1064(d)(2);
(ii) $3,333,333 shall be available for section
1064(d)(3); and
(iii) $3,333,333 shall be available for section
1064(d)(4).
(4) 
NATIONAL
SCENIC
BYWAYS
PROGRAM.—Section
1101(a)(11) of the Transportation Equity Act for the 21st Cen-
tury (112 Stat. 113; 118 Stat. 878) is amended—
(A) by striking ‘‘and’’ the last place it appears; and
(B) by inserting before the period at the end the fol-
lowing: ‘‘, and $17,666,667 for the period of October 1,
2004, through May 31, 2005’’.
(5) VALUE
PRICING
PILOT
PROGRAM.—Section 1101(a)(12)
of such Act (112 Stat. 113; 118 Stat. 878) is amended by
inserting before the period at the end the following: ‘‘, and
$7,333,333 for the period of October 1, 2004, through May
31, 2005’’.
(6) 
HIGHWAY
USE
TAX
EVASION
PROJECTS.—Section
1101(a)(14) of such Act (112 Stat. 113; 118 Stat. 878) is
amended by inserting before the period at the end the following:
‘‘and $3,333,333 for the period of October 1, 2004, through
May 31, 2005’’.
(7) COMMONWEALTH OF PUERTO RICO HIGHWAY PROGRAM.—
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118 STAT. 1149
PUBLIC LAW 108–310—SEPT. 30, 2004
(A) IN GENERAL.—Section 1101(a)(15) of such Act (112
Stat. 113; 118 Stat. 879) is amended by inserting before
the period at the end the following: ‘‘and $73,333,333 for
the period of October 1, 2004, through May 31, 2005’’.
(B) CONFORMING
AMENDMENT.—Section 1214(r)(1) of
such Act (112 Stat. 209; 117 Stat. 1114) is amended by
striking ‘‘2004’’ and inserting ‘‘2005’’.
(8) SAFETY GRANTS.—Section 1212(i)(1)(D) of such Act (23
U.S.C. 402 note; 112 Stat. 196; 112 Stat. 840; 118 Stat. 879)
is amended by inserting before the period at the end the fol-
lowing: ‘‘and $333,333 for the period of October 1, 2004, through
May 31, 2005’’.
(9) 
TRANSPORTATION
AND
COMMUNITY
AND
SYSTEM
PRESERVATION PILOT PROGRAM.—Section 1221(e)(1) of such Act
(23 U.S.C. 101 note; 112 Stat. 223; 118 Stat. 879) is amended
by inserting before the period at the end the following: ‘‘and
$16,666,667 for the period of October 1, 2004, through May
31, 2005’’.
(10) 
TRANSPORTATION
INFRASTRUCTURE
FINANCE
AND
INNOVATION.—Section 188 of title 23, United States Code, is
amended—
(A) in subsection (a)(1)—
(i) by striking ‘‘and’’ at the end of subparagraph
(E);
(ii) by striking the period at the end of subpara-
graph (F) and inserting ‘‘; and’’; and
(iii) by adding at the end the following:
‘‘(G) $86,666,667 for the period of October 1, 2004,
through May 31, 2005.’’;
(B) in subsection (a)(2) by inserting after ‘‘2004’’ the
following: ‘‘and $1,333,333 for the period of October 1,
2004, through May 31, 2005’’; and
(C) in subsection (c)—
(i) by striking ‘‘2004’’ and inserting ‘‘2005’’; and
(ii) by striking the period at the end of the table
and inserting the following:
‘‘2005 ...................................................................................................$1,733,333,333.’’.
(11) NATIONAL SCENIC BYWAYS CLEARINGHOUSE.—Section
1215(b)(3) of the Transportation Equity Act of the 21st Century
(112 Stat. 210) is amended by inserting before the period at
the end ‘‘and $1,000,000 for the period of October 1, 2004,
through May 31, 2005’’.
(b) AUTHORIZATION
OF APPROPRIATIONS UNDER TITLE V OF
TEA21.—
(1) 
SURFACE
TRANSPORTATION
RESEARCH.—Section
5001(a)(1) of the Transportation Equity Act for the 21st Century
(112 Stat. 419; 118 Stat. 879) is amended—
(A) by striking ‘‘2003, and’’ and inserting ‘‘2003,’’; and
(B) by inserting after ‘‘2004’’ the following: ‘‘, and
$68,666,667 for the period of October 1, 2004, through
May 31, 2005’’.
(2) 
TECHNOLOGY
DEPLOYMENT
PROGRAM.—Section
5001(a)(2) of such Act (112 Stat. 419; 118 Stat. 879) is
amended—
(A) by striking ‘‘2003, and’’ and inserting ‘‘2003,’’; and
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118 STAT. 1150
PUBLIC LAW 108–310—SEPT. 30, 2004
(B) by inserting after ‘‘2004’’ the following: ‘‘, and
$33,333,333 for the period of October 1, 2004, through
May 31, 2005’’.
(3) TRAINING AND EDUCATION.—Section 5001(a)(3) of such
Act (112 Stat. 420; 118 Stat. 879) is amended—
(A) by striking ‘‘2003, and’’ and inserting ‘‘2003,’’; and
(B) by inserting after ‘‘2004’’ the following: ‘‘, and
$13,333,333 for the period of October 1, 2004, through
May 31, 2005’’.
(4) BUREAU
OF
TRANSPORTATION
STATISTICS.—Section
5001(a)(4) of such Act (112 Stat. 420; 118 Stat. 879) is amended
by inserting before the period at the end the following: ‘‘,
and $20,666,667 for the period of October 1, 2004, through
May 31, 2005’’.
(5) ITS STANDARDS, RESEARCH, OPERATIONAL TESTS, AND
DEVELOPMENT.—Section 5001(a)(5) of such Act (112 Stat. 420;
118 Stat. 879) is amended—
(A) by striking ‘‘2003, and’’ and inserting ‘‘2003,’’; and
(B) by inserting after ‘‘2004’’ the following: ‘‘, and
$73,333,333 for the period of October 1, 2004, through
May 31, 2005’’.
(6) ITS DEPLOYMENT.—Section 5001(a)(6) of such Act (112
Stat. 420; 118 Stat. 880) is amended—
(A) by striking ‘‘2003, and’’ and inserting ‘‘2003,’’; and
(B) by inserting after ‘‘2004’’ the following: ‘‘, and
$81,333,333 for the period of October 1, 2004, through
May 31, 2005’’.
(7) 
UNIVERSITY
TRANSPORTATION
RESEARCH.—Section
5001(a)(7) of such Act (112 Stat. 420; 118 Stat. 880) is
amended—
(A) by striking ‘‘2003, and’’ and inserting ‘‘2003,’’; and
(B) by inserting after ‘‘2004’’ the following: ‘‘, and
$17,666,667 for the period of October 1, 2004, through
May 31, 2005’’.
(c) METROPOLITAN PLANNING.—
(1) AUTHORIZATION OF CONTRACT AUTHORITY.—There shall
be available from the Highway Trust Fund (other than the
Mass Transit Account) to carry out section 134 of title 23,
United States Code, $145,000,000 for the period of October
1, 2004, through May 31, 2005.
(2) DISTRIBUTION OF FUNDS.—The Secretary shall distribute
funds made available by this subsection to the States in accord-
ance with section 104(f)(2) of title 23, United States Code.
(3) CONTRACT AUTHORITY.—Funds made available by this
subsection shall be available for obligation in the same manner
as if such funds were apportioned under chapter 1 of title
23, United States Code, and shall be subject to a limitation
on obligations for Federal-aid highways and highway safety
construction programs.
(d) TERRITORIES.—Section 1101(d)(1) of the Transportation
Equity Act for the 21st Century (112 Stat. 111–115; 117 Stat.
1116; 118 Stat. 880) is amended by inserting after ‘‘2004’’ the
following: ‘‘and $24,266,667 for the period of October 1, 2004,
through May 31, 2005’’.
(e) ALASKA HIGHWAY.—Section 1101(e)(1) of such Act (117 Stat.
1116; 118 Stat. 880) is amended by inserting after ‘‘2004’’ the
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118 STAT. 1151
PUBLIC LAW 108–310—SEPT. 30, 2004
following: ‘‘and $12,533,333 for the period of October 1, 2004,
through May 31, 2005’’.
(f) OPERATION LIFESAVER.—Section 1101(f)(1) of such Act (117
Stat. 1117; 118 Stat. 880) is amended by inserting after ‘‘2004’’
the following: ‘‘and $333,333 for the period of October 1, 2004,
through May 31, 2005’’.
(g) BRIDGE DISCRETIONARY.—Section 1101(g)(1) of such Act (117
Stat. 1117; 118 Stat. 880) is amended by inserting after ‘‘2004’’
the following: ‘‘and $66,666,667 for the period of October 1, 2004,
through May 31, 2005’’.
(h) INTERSTATE MAINTENANCE.—Section 1101(h)(1) of such Act
(117 Stat. 1117; 118 Stat. 880) is amended by inserting after ‘‘2004’’
the following: ‘‘and $66,666,667 for the period of October 1, 2004,
through May 31, 2005’’.
(i) RECREATIONAL
TRAILS
ADMINISTRATIVE
COSTS.—Section
1101(i)(1) of such Act (117 Stat. 1117; 118 Stat. 880) is amended
by inserting after ‘‘2004’’ the following: ‘‘and $500,000 for the period
of October 1, 2004, through May 31, 2005’’.
(j) RAILWAY-HIGHWAY CROSSING HAZARD ELIMINATION IN HIGH
SPEED RAIL CORRIDORS.—Section 1101(j)(1) of such Act (117 Stat.
1118; 118 Stat. 881) is amended—
(1) by inserting before ‘‘; except’’ the following: ‘‘and
$3,500,000 for the period of October 1, 2004, through May
31, 2005’’; and
(2) by inserting before ‘‘for eligible’’ the following: ‘‘and
not less than $166,667 instead of $250,000 shall be available
for the period of October 1, 2004, through May 31, 2005,’’.
(k) NONDISCRIMINATION.—Section 1101(k) of such Act (117 Stat.
1118; 118 Stat. 881) is amended—
(1) in paragraph (1) by inserting after ‘‘2004’’ the following:
‘‘and $6,666,667 for the period of October 1, 2004, through
May 31, 2005’’; and
(2) in paragraph (2) by inserting after ‘‘2004’’ the following:
‘‘and $6,666,667 for the period of October 1, 2004, through
May 31, 2005’’.
(l) ADMINISTRATION
OF
FUNDS.—Funds authorized by the
amendments made by this section shall be administered as if the
funds had been apportioned, allocated, deducted, or set aside, as
the case may be, under title 23, United States Code, except that
the deductions under sections 104(a)(1)(A) and 104(a)(1)(B) of such
title shall not apply to funds made available by the amendment
made by subsection (a)(1) of this section.
(m) REDUCTION OF ALLOCATED PROGRAMS.—The Secretary of
Transportation shall reduce the amount that would be made avail-
able, but for this section, for fiscal year 2005 for allocation under
a program, that is continued both by a multiyear law reauthorizing
such program enacted after the date of enactment of this Act
and by this section, by the amount made available for such program
by this section.
(n) PROGRAM CATEGORY RECONCILIATION.—The Secretary may
establish procedures under which funds allocated under this section
for fiscal year 2005 for a program category for which funds are
not authorized for fiscal year 2005 under a multiyear law reauthor-
izing the Federal-aid highway program enacted after the date of
enactment of this Act may be restored to the Federal-aid highway
program.
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PUBLIC LAW 108–310—SEPT. 30, 2004
SEC. 6. EXTENSION OF HIGHWAY SAFETY PROGRAMS.
(a) CHAPTER 1 HIGHWAY SAFETY PROGRAMS.—
(1) SEAT BELT SAFETY INCENTIVE GRANTS.—Section 157 of
title 23, United States Code, is amended—
(A) in subsection (a)(3) by striking ‘‘2002’’ and inserting
‘‘2003’’;
(B) in subsection (a)(8)(B) by striking ‘‘2002’’ and
inserting ‘‘2003’’;
(C) in subsection (b) by striking ‘‘2003’’ and inserting
‘‘2005’’;
(D) in subsection (c)(1) by striking ‘‘2003’’ and inserting
‘‘2004’’;
(E) in subsection (c)(2) by striking ‘‘2003’’ and inserting
‘‘2004’’;
(F) in subsection (f)(4) by striking ‘‘2003’’ and inserting
‘‘2004’’;
(G) in subsection (g)(1)—
(i) by striking ‘‘and’’; and
(ii) by inserting before the period at the end the
following: ‘‘, and $74,666,667 for the period of October
1, 2004, through May 31, 2005’’;
(H) in the heading to subsection (g)(3)(B) by striking
‘‘2004’’ and inserting ‘‘2005’’; and
(I) in subsection (g)(3)(B) by striking ‘‘2004’’ and
inserting ‘‘2005’’.
(2) 
PREVENTION
OF
INTOXICATED
DRIVER
INCENTIVE
GRANTS.—Section 163(e)(1) of such title is amended—
(A) by striking ‘‘and’’; and
(B) by inserting before the period at the end the fol-
lowing: ‘‘, and $73,333,333 for the period of October 1,
2004, through May 31, 2005’’.
(b) CHAPTER 4 HIGHWAY SAFETY PROGRAMS.—Section 2009(a)(1)
of the Transportation Equity Act for the 21st Century (112 Stat.
337; 118 Stat. 886) is amended—
(1) by striking ‘‘and’’; and
(2) by inserting before the period at the end the following:
‘‘, and $110,000,000 for the period of October 1, 2004, through
May 31, 2005’’.
(c) HIGHWAY SAFETY RESEARCH AND DEVELOPMENT.—Section
2009(a)(2) of such Act (112 Stat. 337; 118 Stat. 886) is amended
by inserting after ‘‘2004’’ the following: ‘‘, and $48,000,000 for the
period of October 1, 2004, through May 31, 2005’’.
(d) 
OCCUPANT
PROTECTION
INCENTIVE
GRANTS.—Section
2009(a)(3) of such Act (112 Stat. 337; 118 Stat. 886) is amended—
(1) by striking ‘‘and’’ the last place it appears; and
(2) by inserting before the period at the end the following:
‘‘, and $13,333,333 for the period of October 1, 2004, through
May 31, 2005’’.
(e) ALCOHOL-IMPAIRED DRIVING COUNTERMEASURES INCENTIVE
GRANTS.—
(1) EXTENSION OF PROGRAM.—Section 410 of title 23, United
States Code, is amended—
(A) in subsection (a)(3) by striking ‘‘7’’ and inserting
‘‘8’’; and
(B) in subsection (a)(4)(C) by striking ‘‘and seventh’’
and inserting ‘‘, seventh, and eighth’’.
23 USC 163.
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(2) AUTHORIZATION OF APPROPRIATIONS.—Section 2009(a)(4)
of such Act (112 Stat. 337; 118 Stat. 886) is amended—
(A) by striking ‘‘and’’ the last place it appears; and
(B) by inserting before the period at the end the fol-
lowing: ‘‘, and $26,666,667 for the period of October 1,
2004, through May 31, 2005’’.
(f) NATIONAL DRIVER REGISTER.—Section 2009(a)(6) of such Act
(112 Stat. 338; 118 Stat. 886) is amended by inserting after ‘‘2004’’
the following: ‘‘, and $2,400,000 for the period of October 1, 2004,
through May 31, 2005’’.
(g) ALLOCATIONS.—Section 2009(b) of such Act (112 Stat. 338)
is amended—
(1) in paragraph (1) by striking ‘‘2004’’ and inserting ‘‘2005’’;
and
(2) in paragraph (2) by striking ‘‘2004’’ and inserting ‘‘2005’’.
(h) APPLICABILITY OF TITLE 23.—Section 2009(c) of such Act
(112 Stat. 338) is amended by striking ‘‘2004’’ and inserting ‘‘2005’’.
SEC. 7. EXTENSION OF MOTOR CARRIER SAFETY ADMINISTRATION
PROGRAM.
(a) ADMINISTRATIVE EXPENSES.—
(1) IN GENERAL.—There shall be available from the High-
way Trust Fund (other than the Mass Transit Account) for
the Secretary of Transportation to pay administrative expenses
of 
the 
Federal 
Motor 
Carrier 
Safety 
Administration
$160,552,536 for the period of October 1, 2004, through May
31, 2005.
(2) USE OF FUNDS.—Funds authorized by this subsection
may be used for personnel costs; administrative infrastructure;
rent; information technology; and programs for research and
technology, regulatory development, and other operating
expenses and similar matters. Such funds available may also
be used to make grants to, or enter into contracts with, States,
local governments, or other persons for implementation of the
Commercial Driver’s License Improvement Grants and the
Border Enforcement Grants programs.
(b) MOTOR CARRIER SAFETY ASSISTANCE PROGRAM.—Section
31104(a) of title 49, United States Code, is amended by adding
at the end the following:
‘‘(8) Not more than $112,512,329 for the period of October
1, 2004, through May 31, 2005.’’.
(c) INFORMATION SYSTEMS AND COMMERCIAL DRIVER’S LICENSE
GRANTS.—
(1) AUTHORIZATION OF APPROPRIATION.—Section 31107(a)
of such title is amended—
(A) by striking ‘‘and’’ at the end of paragraph (4);
(B) by striking the period at the end of paragraph
(5) and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(6) $13,315,068 for the period of October 1, 2004 through
May 31, 2005.’’.
(2) EMERGENCY CDL GRANTS.—From amounts made avail-
able by section 31107(a) of title 49, United States Code, for
the period of October 1, 2004 through May 31, 2005, the Sec-
retary of Transportation may make grants of up to $665,753
to a State whose commercial driver’s license program may
49 USC 31107.
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fail to meet the compliance requirements of section 31311(a)
of such title.
(d) CRASH CAUSATION STUDY.—There shall be available from
the Highway Trust Fund (other than the Mass Transit Account)
for the Federal Motor Carrier Safety Administration to continue
the crash causation study required by section 224 of the Motor
Carrier Safety Improvement Act of 1999 (49 U.S.C. 31100 note;
113 Stat. 1770–1771), $665,753 for the period of October 1, 2004
through May 31, 2005.
(e) CONTRACT AUTHORITY.—Funds made available by this sec-
tion shall be available for obligation in the same manner as if
such funds were apportioned under chapter 1 of title 23, United
States Code.
(f) RULE STAY.—The hours-of-service regulations applicable to
property-carrying commercial drivers contained in the Final Rule
published on April 28, 2003 (68 Fed. Reg. 22456–22517), as amended
on September 30, 2003 (68 Fed. Reg. 56208–56212), and made
applicable to motor carriers and drivers on January 4, 2004, shall
be in effect until the earlier of—
(1) the effective date of a new final rule addressing the
issues raised by the July 16, 2004, decision of the United
States Court of Appeals for the District of Columbia in Public
Citizen, et al. v. Federal Motor Carrier Safety Administration
(No. 03–1165); or
(2) September 30, 2005.
SEC. 8. EXTENSION OF FEDERAL TRANSIT PROGRAMS.
(a) ALLOCATING AMOUNTS.—Section 5309(m) of title 49, United
States Code, is amended—
(1) in the matter preceding subparagraph (A) of paragraph
(1) by inserting ‘‘and for the period of October 1, 2004, through
May 31, 2005’’ after ‘‘2004’’;
(2) in paragraph (2)(B) by inserting after clause (ii) the
following:
‘‘(iii) OCTOBER
1, 2004
THROUGH
MAY
31, 2005.—
Of the amounts made available under paragraph (1)(B),
$6,933,333 shall be available for the period of October
1, 2004, through May 31, 2005, for capital projects
described in clause (i).’’;
(3) in paragraph (3)(B) by inserting after ‘‘2004’’ the fol-
lowing: ‘‘(and $2,000,000 shall be available for the period
October 1, 2004, through May 31, 2005)’’; and
(4) in paragraph (3)(C) by inserting after ‘‘2004)’’ the fol-
lowing: ‘‘, and $33,333,333 shall be available for the period
October 1, 2004, through May 31, 2005,’’.
(b) APPORTIONMENT OF APPROPRIATIONS FOR FIXED GUIDEWAY
MODERNIZATION.—The Secretary of Transportation shall determine
the amount that each urbanized area is to be apportioned for
fixed guideway modernization under section 5337 of title 49, United
States Code, on a pro rata basis to reflect the partial fiscal year
2005 funding made available by sections 5338(b)(2)(A)(vii) and
5338(b)(2)(B)(vii) of such title.
(c) FORMULA GRANTS AUTHORIZATIONS.—Section 5338(a) of such
title is amended—
(1) in the heading to paragraph (2) by inserting ‘‘AND FOR
THE PERIOD OF OCTOBER 1, 2004, THROUGH MAY 31, 2005’’ after
‘‘2004’’;
49 USC 5338.
49 USC 5337
note.
Termination
date.
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(2) by striking ‘‘and’’ at the end of paragraphs (2)(A)(v)
and (2)(B)(v);
(3) by striking the period at the end of paragraphs (2)(A)(vi)
and (2)(B)(vi) and inserting ‘‘; and’’;
(4) by adding at the end of paragraph (2)(A) the following:
‘‘(vii) $2,201,760,000 for the period of October 1,
2004, through May 31, 2005.’’;
(5) by adding at the end in paragraph (2)(B) the following:
‘‘(vii) $550,440,000 for the period of October 1,
2004, through May 31, 2005.’’; and
(6) in paragraph (2)(C) by striking ‘‘2003’’ and inserting
the following: ‘‘2005 (other than for the period of October 1,
2004, through May 31, 2005)’’.
(d) ALLOCATION OF FORMULA GRANT FUNDS FOR OCTOBER 1,
2004, THROUGH MAY 31, 2005.—Of the aggregate of amounts made
available by and appropriated under section 5338(a)(2) of title 49,
United States Code, for the period of October 1, 2004, through
May 31, 2005—
(1) $3,233,300 shall be available to the Alaska Railroad
for improvements to its passenger operations under section
5307 of such title;
(2) $33,333,333 shall be available for clean fuels formula
grants under section 5308 of such title;
(3) $65,064,001 shall be available to provide transportation
services to elderly individuals and individuals with disabilities
under section 5310 of such title;
(4) $172,690,702 shall be available to provide financial
assistance for other than urbanized areas under section 5311
of such title;
(5) $4,633,333 shall be available to provide financial assist-
ance in accordance with section 3038(g) of the Transportation
Equity Act for the 21st Century; and
(6) $2,473,245,331 shall be available to provide financial
assistance for urbanized areas under section 5307 of such title.
(e) CAPITAL PROGRAM AUTHORIZATIONS.—Section 5338(b) of
such title is amended—
(1) in the heading to paragraph (2) by inserting ‘‘AND FOR
THE PERIOD OF OCTOBER 1, 2004, THROUGH MAY 31, 2005’’ after
‘‘2004’’;
(2) by striking ‘‘and’’ at the end of paragraphs (2)(A)(v)
and (2)(B)(v);
(3) by striking the period at the end of paragraphs (2)(A)(vi)
and (2)(B)(vi) and inserting ‘‘; and’’;
(4) by adding at the end of paragraph (2)(A) the following:
‘‘(vii) $1,740,960,000 for the period of October 1,
2004, through May 31, 2005.’’; and
(5) by adding at the end of paragraph (2)(B) the following:
‘‘(vii) $435,240,000 for the period of October 1,
2004, through May 31, 2005.’’.
(f) PLANNING
AUTHORIZATIONS
AND
ALLOCATIONS.—Section
5338(c) is amended—
(1) in the heading to paragraph (2) by inserting ‘‘AND FOR
THE PERIOD OF OCTOBER 1, 2004, THROUGH MAY 31, 2005’’ after
‘‘2004’’;
(2) by striking ‘‘and’’ at the end of paragraphs (2)(A)(v)
and (2)(B)(v);
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(3) by striking the period at the end of paragraphs (2)(A)(vi)
and (2)(B)(vi) and inserting ‘‘; and’’;
(4) by adding at the end of paragraph (2)(A) the following:
‘‘(vii) $41,813,334 for the period of October 1, 2004,
through May 31, 2005.’’;
(5) by adding at the end of paragraph (2)(B) the following:
‘‘(vii) $10,453,333 for the period of October 1, 2004,
through May 31, 2005.’’; and
(6) in paragraph (2)(C) by inserting ‘‘or any portion of
a fiscal year’’ after ‘‘fiscal year’’.
(g) RESEARCH AUTHORIZATIONS.—Section 5338(d) of such title
is amended—
(1) in the heading to paragraph (2) by inserting ‘‘AND FOR
THE PERIOD OF OCTOBER 1, 2004, THROUGH MAY 31, 2005’’ after
‘‘2004’’;
(2) by striking ‘‘and’’ at the end of paragraphs (2)(A)(v)
and (2)(B)(v);
(3) by striking the period at the end of paragraphs (2)(A)(vi)
and (2)(B)(vi) and inserting ‘‘; and’’;
(4) by adding at the end of paragraph (2)(A) the following:
‘‘(vii) $28,266,667 for the period of October 1, 2004,
through May 31, 2005.’’;
(5) by adding at the end of paragraph (2)(B) the following:
‘‘(vii) $7,066,667 for the period of October 1, 2004,
through May 31, 2005.’’; and
(6) in paragraph (2)(C) by inserting after ‘‘a fiscal year’’
the following: ‘‘(other than for the period of October 1, 2004,
through May 31, 2005)’’.
(h) ALLOCATION OF RESEARCH FUNDS FOR OCTOBER 1, 2004,
THROUGH MAY 31, 2005.—Of the funds made available by or appro-
priated under section 5338(d)(2) of title 49, United States Code,
for the period of October 1, 2004, through May 31, 2005—
(1) not less than $3,500,000 shall be available for providing
rural transportation assistance under section 5311(b)(2) of such
title;
(2) not less than $5,500,000 shall be available for carrying
out transit cooperative research programs under section 5313(a)
of such title;
(3) not less than $2,666,667 shall be available to carry
out programs under the National Transit Institute under sec-
tion 5315 of such title, including not more than $666,667 shall
be available to carry out section 5315(a)(16) of such title; and
(4) any amounts not made available under paragraphs
(1) through (3) shall be available for carrying out national
planning and research programs under sections 5311(b)(2),
5312, 5313(a), 5314, and 5322 of such title.
(i) UNIVERSITY TRANSPORTATION RESEARCH AUTHORIZATIONS.—
Section 5338(e) of such title is amended—
(1) in the heading to paragraph (2) by inserting ‘‘AND FOR
THE PERIOD OF OCTOBER 1, 2004, THROUGH MAY 31, 2005’’ after
‘‘2004’’;
(2) in paragraph (2)(A) by inserting after ‘‘2004’’ the fol-
lowing: ‘‘and $3,200,000 for the period of October 1, 2004,
through May 31, 2005’’;
(3) in paragraph (2)(B) by inserting after ‘‘2004’’ the fol-
lowing: ‘‘and $800,000 for the period of October 1, 2004, through
May 31, 2005’’; and
23 USC 5338.
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(4) in paragraphs (2)(C)(i) and (2)(C)(iii) by inserting after
‘‘fiscal year’’ the following: ‘‘(other than for the period of October
1, 2004, through May 31, 2005)’’.
(j) ALLOCATION
OF UNIVERSITY TRANSPORTATION RESEARCH
FUNDS.—
(1) IN GENERAL.—Of the amounts made available under
section 5338(e)(2)(A) of title 49, United States Code, for the
period October 1, 2004, through May 31, 2005—
(A) $1,333,333 shall be available for the center identi-
fied in section 5505(j)(4)(A) of such title; and
(B) $1,333,333 shall be available for the center identi-
fied in section 5505(j)(4)(F) of such title.
(2) TRAINING AND CURRICULUM DEVELOPMENT.—Notwith-
standing section 5338(e)(2) of such title, any amounts made
available under such section for the period October 1, 2004,
through May 31, 2005, that remain after distribution under
paragraph (1), shall be available for the purposes identified
in section 3015(d) of the Transportation Equity Act for the
21st Century (112 Stat. 857).
(3) CONFORMING AMENDMENT.—Section 3015(d)(2) of the
Transportation Equity Act for the 21st Century (112 Stat. 857;
118 Stat. 884) is amended by inserting ‘‘or in the period October
1, 2004, through May 31, 2005’’ after ‘‘2004’’.
(k) ADMINISTRATION AUTHORIZATIONS.—Section 5338(f) of such
title is amended—
(1) in the heading to paragraph (2) by inserting ‘‘AND FOR
THE PERIOD OF OCTOBER 1, 2004, THROUGH MAY 31, 2005’’ after
‘‘2004’’;
(2) by striking ‘‘and’’ at the end of paragraphs (2)(A)(v)
and (2)(B)(v);
(3) by striking the period at the end of paragraphs (2)(A)(vi)
and (2)(B)(vi) and inserting ‘‘; and’’;
(4) by adding at the end of paragraph (2)(A) the following:
‘‘(vii) $41,600,000 for the period of October 1, 2004,
through May 31, 2005.’’; and
(5) by adding at the end of paragraph (2)(B) the following:
‘‘(vii) $10,400,000 for the period of October 1, 2004,
through May 31, 2005.’’.
(l) JOB ACCESS
AND REVERSE COMMUTE PROGRAM.—Section
3037(l) of the Transportation Equity Act for the 21st Century (49
U.S.C. 5309 note; 112 Stat. 391–392; 118 Stat. 884) is amended—
(1) by striking ‘‘and’’ at the end of paragraphs (1)(A)(v)
and (1)(B)(v);
(2) by striking the period at the end of paragraphs (1)(A)(vi)
and (1)(B)(vi) and inserting ‘‘; and’’;
(3) by adding at the end of paragraph (1)(A) the following:
‘‘(vii) $80,000,000 for the period of October 1, 2004,
through May 31, 2005.’’;
(4) by adding at the end of paragraph (1)(B) the following:
‘‘(vii) $20,000,000 for the period of October 1, 2004,
through May 31, 2005.’’; and
(5) by inserting before the period at the end of paragraph
(2) the following: ‘‘; except that in the period of October 1,
2004, through May 31, 2005, not more than $6,666,667 shall
be used for such projects’’.
49 USC 5338
note.
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(m) RURAL TRANSPORTATION ACCESSIBILITY INCENTIVE PRO-
GRAM.—Section 3038(g) of such Act (49 U.S.C. 5310 note; 112 Stat.
393; 118 Stat. 885) is amended—
(1) by adding at the end of paragraph (1) the following:
‘‘(G) $3,500,000 for the period of October 1, 2004,
through May 31, 2005.’’; and
(2) in paragraph (2) by inserting after ‘‘2004’’ the following:
‘‘(and $1,133,333 shall be available for the period of October
1, 2004, through May 31, 2005)’’.
(n) URBANIZED AREA FORMULA GRANTS.—Section 5307(b) of
title 49, United States Code, is amended—
(1) in the heading to paragraph (2) by inserting ‘‘AND FOR
THE PERIOD OF OCTOBER 1, 2004, THROUGH MAY 31, 2005’’ after
‘‘2004’’; and
(2) in paragraph (2)(A) by inserting ‘‘and for the period
of October 1, 2004, through May 31, 2005’’ after ‘‘2004,’’.
(o) OBLIGATION CEILING.—Section 3040 of the Transportation
Equity Act for the 21st Century (112 Stat. 394; 118 Stat. 885)
is amended—
(1) by striking ‘‘and’’ at the end of paragraph (5);
(2) by striking the period at the end of paragraph (6)
and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(7) $5,172,000,000 for the period of October 1, 2004,
through May 31, 2005.’’.
(p) FUEL CELL BUS AND BUS FACILITIES PROGRAM.—Section
3015(b) of such Act (112 Stat. 361; 118 Stat. 885) is amended
by inserting ‘‘(or, in the case of the period of October 1, 2004,
through May 31, 2005, $3,233,333)’’ after ‘‘$4,850,000’’.
(q) ADVANCED TECHNOLOGY PILOT PROJECT.—Section 3015(c)(2)
of such Act (49 U.S.C. 322 note; 112 Stat. 361; 118 Stat. 885)
is amended—
(1) by inserting ‘‘and for the period of October 1, 2004,
through May 31, 2005,’’ after ‘‘2004,’’; and
(2) by inserting ‘‘and $3,333,333 for such period’’ after
‘‘$5,000,000 per fiscal year’’.
(r) PROJECTS FOR NEW FIXED GUIDEWAY SYSTEMS AND EXTEN-
SIONS TO EXISTING SYSTEMS.—Section 3030 of such Act (112 Stat.
373–381; 118 Stat. 885) is amended—
(1) in subsections (a) and (b) by inserting ‘‘and for the
period of October 1, 2004, through May 31, 2005,’’ after ‘‘2004’’;
and
(2) in subsection (c)(1) by inserting ‘‘and for the period
of October 1, 2004, through May 31, 2005’’ after ‘‘2004’’.
(s) NEW JERSEY URBAN CORE PROJECT.—Subparagraphs (A),
(B), and (C) of section 3031(a)(3) of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 2122; 112 Stat.
379; 118 Stat. 885) are amended by inserting ‘‘and for the period
of October 1, 2004, through May 31, 2005,’’ after ‘‘2004,’’.
(t) TREATMENT OF FUNDS.—Amounts made available under the
amendments made by this section shall be treated for purposes
of section 1101(b) of the Transportation Equity Act for the 21st
Century (23 U.S.C. 101 note) as amounts made available for pro-
grams under title III of such Act.
(u) LOCAL SHARE.—Section 3011(a) of the Transportation Equity
Act for the 21st Century (49 U.S.C. 5307 note; 118 Stat. 637;
23 USC 101 note.
23 USC 322 note.
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PUBLIC LAW 108–310—SEPT. 30, 2004
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.
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PUBLIC LAW 108–310—SEPT. 30, 2004
‘‘(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
2 USC 900.
2 USC 901.
Federal Register,
publication.
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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
23 USC 104 note.
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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
23 USC 104 note.
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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’’.
26 USC 9504.
26 USC 9503
note.
26 USC 9503.
26 USC 9503
note.
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(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
26 USC 9503
note.
26 USC 9503.
26 USC 9504.
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LEGISLATIVE HISTORY—H.R. 5183:
CONGRESSIONAL RECORD, Vol. 150 (2004):
Sept. 30, considered and passed House and Senate.
authorized to be appropriated from the Highway Trust Fund for
the fiscal year ending September 30, 2004.
Approved September 30, 2004.
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