[United States Statutes at Large, Volume 119, 109th Congress, 1st Session] [From the U.S. Government Publishing Office, www.gpo.gov] 119 STAT. 435 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. NOTE: July 30, 2005 - [H.R. 3512] Be it enacted by the Senate and House of Representatives of the United States of America in Congress NOTE: Surface Transportation Extension Act of 2005, Part VI. assembled, SECTION 1. NOTE: 23 USC 101 note. 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 PROGRAM. (a) Authorization of Contract Authority.--Section 4(a) of the Surface Transportation Extension Act of 2004, Part V (118 Stat. 1147, 119 Stat. 325) NOTE: Ante, p. 411. 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) NOTE: Ante, p. 412. 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 information 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. [[Page 436]] 119 STAT. 436 (b) Contract Authority.--Funds made available by this section 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) NOTE: Ante, p. 416. 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 PROGRAMS. (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) NOTE: Ante, p. 420. 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) NOTE: Ante, p. 413. 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 Transportation 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 NOTE: 26 USC 9503. 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), [[Page 437]] 119 STAT. 437 (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.--Subparagraph (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 NOTE: 26 USC 9504. 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 NOTE: Applicability. 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-- [[Page 438]] 119 STAT. 438 (1) each expiring provision of paragraphs (1) through (4) of section 9503(b) of such Code which is related to appropriations 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) NOTE: 26 USC 9503. Section 9503(b)(6)(B). (2) NOTE: 26 USC 9504. Section 9504(b)(2). (3) Section 9504(d)(2). (e) Effective NOTE: 26 USC 9503 note. 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 subsection (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. LEGISLATIVE HISTORY--H.R. 3512: --------------------------------------------------------------------------- CONGRESSIONAL RECORD, Vol. 151 (2005): July 29, considered and passed House and Senate.