Surface Transportation Extension Act of 2005, Part VI
PL 109-42 (H.R.3512), enacted 07/30/2005

119 STAT. 435
PUBLIC LAW 109–42—JULY 30, 2005
Public Law 109–42
109th Congress
An Act
To provide an extension of administrative expenses for 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 VI’’.
SEC. 2. ADMINISTRATIVE EXPENSES FOR FEDERAL-AID HIGHWAY PRO-
GRAM.
(a) AUTHORIZATION OF CONTRACT AUTHORITY.—Section 4(a) of
the Surface Transportation Extension Act of 2004, Part V (118
Stat. 1147, 119 Stat. 325) is amended by striking ‘‘$292,179,920’’
and inserting ‘‘$309,260,880’’.
(b) LIMITATION ON OBLIGATIONS.—Of the obligation limitation
made available for Federal-aid highways and highway safety
construction programs for fiscal year 2005 by division H of Public
Law 108–447 (118 Stat. 3204) not more than $17,080,960 shall
be available, in addition to any obligation limitation previously
provided, for administrative expenses of the Federal Highway
Administration for the period of July 30, 2005, through August
14, 2005.
(b) CONFORMING AMENDMENT.—Section 2(e)(3) of such Act (118
Stat. 1146, 119 Stat. 325) is amended by striking ‘‘July 30’’ and
inserting ‘‘August 14’’.
SEC. 
3. 
ADMINISTRATIVE 
EXPENSES 
FOR 
NATIONAL 
HIGHWAY
TRAFFIC SAFETY ADMINISTRATION.
(a) IN GENERAL.—There shall be available from the Highway
Trust Fund (other than the Mass Transit Account) for the Secretary
of Transportation to pay the administrative expenses of the National
Highway Traffic Administration in carrying out the highway safety
programs authorized by sections 157 and 163 of chapter 1 of title
23, United States Code, and sections 402, 403, 405, and 410 of
chapter 4 of such title, the National Driver Register under chapter
303 of title 49, United States Code, the motor vehicle safety program
under chapter 301 of such title 49, and the motor vehicle informa-
tion and cost savings program under part C of subtitle VI of such
title 49 $4,125,000 for the period of July 30, 2005, through August
14, 2005.
Ante, p. 412.
Ante, p. 411.
23 USC 101 note.
Surface
Transportation
Extension Act of
2005, Part VI.
July 30, 2005
[H.R. 3512]
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119 STAT. 436
PUBLIC LAW 109–42—JULY 30, 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; except that such funds shall remain available until
expended.
SEC. 4. ADMINISTRATIVE EXPENSES FOR MOTOR CARRIER SAFETY
ADMINISTRATION PROGRAM.
Section 7(a)(1) of the Surface Transportation Extension Act
of 2004, Part V (118 Stat. 1153; 119 Stat. 330) is amended—
(1) by striking ‘‘$213,799,290’’ and inserting ‘‘$224,383,414’’;
and
(2) by striking ‘‘July 30’’ and inserting ‘‘August 14’’.
SEC. 5. ADMINISTRATIVE EXPENSES FOR FEDERAL TRANSIT PRO-
GRAMS.
(a) AUTHORIZATION OF APPROPRIATIONS.—Section 5338(f)(2) of
title 49, United States Code, is amended—
(1) in the heading by striking ‘‘JULY
30’’ and inserting
‘‘AUGUST 14’’;
(2) in subparagraph (A)(vii)—
(A) 
by 
striking 
‘‘$54,350,686’’ 
and 
inserting
‘‘$57,650,686’’; and
(B) by striking ‘‘July 30’’ and inserting ‘‘August 14’’;
and
(3) in subparagraph (B)(vii) by striking ‘‘July 30’’ and
inserting ‘‘August 14’’.
(b) OBLIGATION CEILING.—Section 3040(7) of the Transportation
Equity Act for the 21st Century (112 Stat. 394; 118 Stat. 885;
118 Stat. 1158; 119 Stat. 333) is amended—
(1) 
by 
striking 
‘‘$6,398,695,996’’ 
and 
inserting
‘‘$6,401,995,996’’; and
(2) by striking ‘‘July 30’’ and inserting ‘‘August 14’’.
SEC. 6. BUREAU OF TRANSPORTATION STATISTICS.
(a) IN GENERAL.—Section 5001(a)(4) of the Transportation
Equity Act for the 21st Century (112 Stat. 420; 118 Stat. 1150;
119 Stat. 327; 119 Stat. 346; 119 Stat. 379; 119 Stat. 394) is
amended by striking ‘‘$25,730,000 for the period of October 1,
2004, through July 30, 2005’’ and inserting ‘‘$27,000,000 for the
period of October 1, 2004, through August 14, 2005’’.
(b) LIMITATION ON OBLIGATIONS.—Of the obligation limitation
made available for Federal-aid highways and highway safety
construction programs for fiscal year 2005 by division H of Public
Law 108–447 (118 Stat. 3204) not more than $1,270,000 shall
be available, in addition to any obligation limitation previously
provided, for administrative expenses of the Bureau of Transpor-
tation Statistics for the period of July 30, 2005, through August
14, 2005.
SEC. 7. 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 31, 2005’’ and inserting ‘‘August 15, 2005’’,
(B) by striking ‘‘or’’ at the end of subparagraph (O),
26 USC 9503.
Ante, p. 413.
Ante, p. 420.
Ante, p. 416.
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119 STAT. 437
PUBLIC LAW 109–42—JULY 30, 2005
(C) by striking the period at the end of subparagraph
(P) and inserting ‘‘, or’’,
(D) by inserting after subparagraph (P) the following
new subparagraph:
‘‘(Q) authorized to be paid out of the Highway Trust
Fund under the Surface Transportation Extension Act of
2005, Part VI.’’, and
(E) in the matter after subparagraph (Q), as added
by this paragraph, by striking ‘‘Surface Transportation
Extension Act of 2005, Part V’’ and inserting ‘‘Surface
Transportation Extension Act of 2005, Part VI’’.
(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 31, 2005’’ and inserting ‘‘August 15, 2005’’,
(B) in subparagraph (M), by striking ‘‘or’’ at the end
of such subparagraph,
(C) in subparagraph (N), by inserting ‘‘or’’ at the end
of such subparagraph,
(D) by inserting after subparagraph (N) the following
new subparagraph:
‘‘(O) the Surface Transportation Extension Act of 2005,
Part VI,’’, and
(E) in the matter after subparagraph (O), as added
by this paragraph, by striking ‘‘Surface Transportation
Extension Act of 2005, Part V’’ and inserting ‘‘Surface
Transportation Extension Act of 2005, Part VI’’.
(3) EXCEPTION
TO
LIMITATION
ON
TRANSFERS.—Subpara-
graph (B) of section 9503(b)(6) of such Code is amended by
adding at the end the following: ‘‘The preceding sentence shall
be applied by substituting ‘August 15, 2005’ for the date
therein.’’.
(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 adding at the end the following: ‘‘Subparagraphs
(A), (B), and (C) shall each be applied by substituting ‘Surface
Transportation Extension Act of 2005, Part VI’ for ‘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 31, 2005’’ and inserting ‘‘August
15, 2005’’, and
(B) by striking ‘‘Surface Transportation Extension Act
of 2005, Part V’’ and inserting ‘‘Surface Transportation
Extension Act of 2005, Part VI’’.
(3) EXCEPTION TO LIMITATION ON TRANSFERS.—Paragraph
(2) of section 9504(d) of such Code is amended by adding
at the end the following new sentence: ‘‘The preceding sentence
shall be applied by substituting ‘August 15, 2005’ for the date
therein.’’.
(c) 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 August 14,
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—
Applicability.
26 USC 9504.
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119 STAT. 438
PUBLIC LAW 109–42—JULY 30, 2005
LEGISLATIVE HISTORY—H.R. 3512:
CONGRESSIONAL RECORD, Vol. 151 (2005):
July 29, 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.
(d) SUBSEQUENT REPEAL OF CERTAIN TEMPORARY PROVISIONS.—
Each of the following provisions of the Internal Revenue Code
of 1986 are amended by striking the last sentence thereof:
(1) Section 9503(b)(6)(B).
(2) Section 9504(b)(2).
(3) Section 9504(d)(2).
(e) 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) SUBSEQUENT REPEAL.—The amendments made by sub-
section (d) shall take effect on the date of the enactment of
the Safe, Accountable, Flexible, Efficient Transportation Equity
Act: A Legacy for Users and shall be executed immediately
before the amendments made by such Act.
Approved July 30, 2005.
26 USC 9503
note.
26 USC 9504.
26 USC 9503.
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