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Public Law108th CongressTransportation and Public Works
H.R. 5183Became Law

Surface Transportation Extension Act of 2004, Part V

This bill became law

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What it doesSummary public law (Sep 30, 2004)

Surface Transportation Extension Act of 2004, Part V - Extends Federal highway, highway safety, motor carrier safety, and transit programs for seven months, and authorizes appropriations, through May 31, 2005.

(Sec. 2) Directs the Secretary of Transportation to: (1) apportion funds made available for Federal-aid highway programs under the Transportation Equity Act for the 21st Century (TEA-21) to each State according to the ratio of the State's FY 2004 obligation authority to the FY 2004 obligation authority for all States; and (2) ensure that each State is apportioned funds 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 program, and the minimum guarantee.

Amends the Surface Transportation Extension Act of 2003 to extend the off-system bridge set-aside through May 31, 2005.

Directs the Secretary to reduce the amount that would be apportioned, but for this Act, to a State for Federal-aid highway programs for FY 2005, under a multiyear law reauthorizing the Federal-aid highway program that is enacted after enactment of this Act by the amount that is apportioned to each State under this Act for each such program. Authorizes the Secretary to establish procedures under which certain funds apportioned for a program category for which funds are not authorized under the multiyear law may be restored to the Federal-aid highway program.

Amends Tea-21 to extend through May 31, 2005, certain advanced authorizations from the Highway Trust Fund.

Revises the amount of obligation limitation that is to be distributed by the Secretary.

Sets a cap upon the total amount of obligation authority distributed through May 31, 2005.

Prohibits the obligation of funds after May 31, 2005, for any Federal-aid highway program project until the date of enactment of a multiyear law reauthorizing the Federal-aid highway program.

(Sec. 3) Allows a State to transfer unobligated apportionments of funds for certain Federal-aid highway program projects to any other of those Federal-aid highway program projects. Prohibits any transfer from unobligated amounts apportioned for: (1) the congestion mitigation and air quality improvement program; and (2) the surface transportation program.

(Sec. 4) Makes specified funds available from the Highway Trust Fund (HTF) for administrative expenses of the Federal-aid highway program for FY 2005.

(Sec. 5) Extends through May 31, 2005, the authorization of appropriations under TEA-21 for: (1) Federal land highways (Indian reservation roads, public lands highways, park roads and parkways, and refuge roads); (2) national corridor planning and development and coordinated border infrastructure programs; (3) construction of ferry boats and ferry terminal facilities; (4) the national scenic byways program; (5) the value pricing pilot program; (6) highway use tax evasion projects; (7) the Commonwealth of Puerto Rico Highway Program; (8) safety grants; (9) the transportation and community and system preservation pilot program; (10) transportation infrastructure finance and innovation; (11) a center for national scenic byways; (12) surface transportation research; (13) the technology deployment program; (14) training and education; (15) the Bureau of Transportation Statistics; (16) intermodal transportation system (ITS) standards, research, operational tests, and development; (17) ITS deployment; (18) university transportation research; (19) metropolitan planning; (20) the Territories of Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands; (21) the Alaska highway program; (22) Operation Lifesaver; (23) the bridge discretionary program; (24) interstate maintenance; (25) recreational trails administrative costs; and (26) railway-highway crossing hazard elimination in high speed rail corridors.

Extends through May 31, 2005, the authorization of appropriations for skills training and on-the-job training to implement a specified nondiscrimination program.

(Sec. 6) Extends the authorization of appropriations for highway safety programs, including (1) seat belt safety incentive grants; (2) prevention of intoxicated driver incentive grants; (3) highway safety research and development (R&D); (4) occupant protection incentive grant; (5) alcohol-impaired driving countermeasures incentive grants; and (6) the National Driver Register.

(Sec. 7) Extends through May 31, 2005, the authorization of appropriations for: (1) administrative expenses of the Federal Motor Carrier Safety Administration (FMCSA); (2) the motor carrier safety assistance program; (3) information systems and commercial driver's license grants; (4) emergency commercial driver license (CDL) grants; and (5) continuation of a crash causation study.

Makes certain Federal hours-of-service regulations with respect 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, effective 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 U.S. 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) Extends through May 31, 2005, the authorization of allocations and apportionments for Federal Transit programs, including: (1) fixed guideway modernization; (2) formula grants; (3) capital programs; (4) planning; (5) research, including university transportation research; (6) the job access and reverse commute program; (7) the rural transportation accessibility incentive program; (8) urbanized area formula grants; (9) the fuel cell bus and bus facilities program; (10) the advanced technology pilot project; (11) projects for new fixed guideway systems and extensions to existing systems; and (12) the New Jersey urban core project.

(Sec. 9) Amends the Dingell-Johnson Sport Fishing Restoration Act to extend through May 31, 2005, authorizations of appropriations for: (1) the National Outreach and Communications Program; and (2) qualified projects under the Clean Vessel Act of 1972.

Amends Federal maritime law to increase the authorization of appropriations for personnel and activities expenses of the Coast Guard directly related to the national recreational boating safety program.

(Sec. 10) Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) and TEA-21, respectively, to set related discretionary spending limits and obligations for the highway and mass transit categories for FY 2005.

Expresses the sense of Congress that with respect to any multiyear reauthorization of the Federal-aid highway program that the alignment of highway spending with revenues under the Gramm-Rudman-Hollings Act should be restructured to minimize year-to-year fluctuations in highway spending levels.

Expresses the sense of Congress that: (1) the level of obligation limitations for FY 2005 under the highway category and the mass transit category under TEA-21, as amended and extended, should equal the obligation limitations for such categories authorized in any multiyear law reauthorizing the Federal-aid highway program and enacted after this Act; and (2) the highway account category obligation limitation level for FY 2005 should equal the sum of the Federal Highway Administration (FHA), National Highway Safety Administration (NHSA), and FMCSA obligation limitations for FY 2005 in such multiyear law; and (3) the mass transit category obligation limitation level for FY 2005 should equal the sum of budget authority and obligation limitation authorizations for Federal Transit Administration programs for FY 2005 in the multiyear reauthorization.

(Sec. 12) Amends the Surface Transportation Extension Act of 2003 to extend highway programs through the end of FY 2004.

(Sec. 13) Amends the Internal Revenue Code to extend until June 1, 2005, the authorization for the use of the HTF (including the Mass Transit Account) and the Aquatic Resources Trust Fund (including the Sport Fish Restoration Account and the Boat Safety Account) for obligations under TEA-21.

Extends through FY 2005 authorities for the transfer of a certain percentage of excise tax revenues for alcohol-blended fuels to the HTF.

What just happenedSep 30, 2004

Became Public Law No: 108-310.

Who’s behind it

Rep. Young, Don [R-AK-At Large](R-AK)Sponsor
3 cosponsors2 D1 R
Read on Congress.gov
3cosponsors5committees33actions3related bills96subjects
  1. Sep 30, 2004PresidentE40000

    Became Public Law No: 108-310.

  2. Sep 30, 2004BecameLaw36000

    Became Public Law No: 108-310.

  3. Sep 30, 2004PresidentE30000

    Signed by President.

  4. Sep 30, 2004BecameLaw36000

    Signed by President.

  5. Sep 30, 2004FloorE20000

    Presented to President.

  6. Sep 30, 2004President28000

    Presented to President.

  7. Sep 30, 2004Floor

    Message on Senate action sent to the House.

  8. Sep 30, 2004Floor

    Received in the Senate, read twice, considered, read the third time, and passed without amendment by Unanimous Consent. (consideration: CR S10183-10185)

  9. Sep 30, 2004Floor17000

    Passed/agreed to in Senate: Received in the Senate, read twice, considered, read the third time, and passed without amendment by Unanimous Consent.(consideration: CR S10183-10185)

  10. Sep 30, 2004FloorH8D000

    TECHNICAL CORRECTION - By unanimous consent, the following technical correction was made to the engrossment of H.R. 5183 as passed by the House: In subsection (l)(1) that is proposed to be added at the end of section 1101 of the Transportation Act of the 21st Century by section 2(d) of the bill (H.R. 5183), strike "$21,311,774,667" and insert "$22,685,936,000".

  11. Sep 30, 2004FloorH37100

    On passage Passed by recorded vote: 409 - 8 (Roll no. 481). (text: CR H7874-7879; correction to passed version: CR H7898)

  12. Sep 30, 2004FloorH38310

    Motion to reconsider laid on the table Agreed to without objection.

  13. Sep 30, 2004Floor8000

    Passed/agreed to in House: On passage Passed by recorded vote: 409 - 8 (Roll no. 481).(text: CR H7874-7879; correction to passed version: CR H7898)

  14. Sep 30, 2004FloorH36110

    On motion to recommit with instructions Failed by the Yeas and Nays: 199 - 218 (Roll no. 480).

    Transportation and Infrastructure Committee
  15. Sep 30, 2004FloorH8A000

    The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H7885)

  16. Sep 30, 2004FloorH8D000

    DEBATE - The House proceeded with 10 minutes of debate on the DeFazio motion to recommit with instructions. The instructions contained in the motion seek to require that the bill be reported back to the House with an amendment increasing each number in the bill by 12.8485 percent.

  17. Sep 30, 2004FloorH36100

    Mr. DeFazio moved to recommit with instructions to Transportation. (consideration: CR H7884-7886; text: CR H7884)

    Transportation and Infrastructure Committee
  18. Sep 30, 2004FloorH35000

    The previous question was ordered pursuant to the rule. (consideration: CR H7884)

  19. Sep 30, 2004FloorH8D000

    DEBATE - The House proceeded with one hour of debate on H.R. 5183.

  20. Sep 30, 2004FloorH8D000

    Rule provides for consideration of H.R. 5183 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit. Measure will be considered read. Bill is closed to amendments.

  21. Sep 30, 2004FloorH30000

    Considered under the provisions of rule H. Res. 811. (consideration: CR H7874-7887)

  22. Sep 30, 2004FloorH1L220

    Rule H. Res. 811 passed House.

  23. Sep 30, 2004FloorH1L210

    Rules Committee Resolution H. Res. 811 Reported to House. Rule provides for consideration of H.R. 5183 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit. Measure will be considered read. Bill is closed to amendments.

  24. Sep 29, 2004CommitteeH11000

    Referred to the Subcommittee on Fisheries Conservation, Wildlife and Oceans.

    Oversight and Investigations Subcommittee
  25. Sep 29, 2004CommitteeH11000

    Referred to the Subcommittee on National Parks, Recreation and Public Lands.

    Federal Lands Subcommittee
  26. Sep 29, 2004IntroReferralH11100

    Referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on the Budget, Ways and Means, Resources, and Science, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

    Science, Space, and Technology Committee
  27. Sep 29, 2004IntroReferralH11100

    Referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on the Budget, Ways and Means, Resources, and Science, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

    Natural Resources Committee
  28. Sep 29, 2004IntroReferralH11100

    Referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on the Budget, Ways and Means, Resources, and Science, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

    Ways and Means Committee
  29. Sep 29, 2004IntroReferralH11100

    Referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on the Budget, Ways and Means, Resources, and Science, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

    Budget Committee
  30. Sep 29, 2004IntroReferralH11100-A

    Referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on the Budget, Ways and Means, Resources, and Science, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

  31. Sep 29, 2004IntroReferralH11100

    Referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on the Budget, Ways and Means, Resources, and Science, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

    Transportation and Infrastructure Committee
  32. Sep 29, 2004IntroReferralIntro-H

    Introduced in House

  33. Sep 29, 2004IntroReferral1000

    Introduced in House

Public LawSep 30, 200449

Surface Transportation Extension Act of 2004, Part V - Extends Federal highway, highway safety, motor carrier safety, and transit programs for seven months, and authorizes appropriations, through May 31, 2005.

(Sec. 2) Directs the Secretary of Transportation to: (1) apportion funds made available for Federal-aid highway programs under the Transportation Equity Act for the 21st Century (TEA-21) to each State according to the ratio of the State's FY 2004 obligation authority to the FY 2004 obligation authority for all States; and (2) ensure that each State is apportioned funds 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 program, and the minimum guarantee.

Amends the Surface Transportation Extension Act of 2003 to extend the off-system bridge set-aside through May 31, 2005.

Directs the Secretary to reduce the amount that would be apportioned, but for this Act, to a State for Federal-aid highway programs for FY 2005, under a multiyear law reauthorizing the Federal-aid highway program that is enacted after enactment of this Act by the amount that is apportioned to each State under this Act for each such program. Authorizes the Secretary to establish procedures under which certain funds apportioned for a program category for which funds are not authorized under the multiyear law may be restored to the Federal-aid highway program.

Amends Tea-21 to extend through May 31, 2005, certain advanced authorizations from the Highway Trust Fund.

Revises the amount of obligation limitation that is to be distributed by the Secretary.

Sets a cap upon the total amount of obligation authority distributed through May 31, 2005.

Prohibits the obligation of funds after May 31, 2005, for any Federal-aid highway program project until the date of enactment of a multiyear law reauthorizing the Federal-aid highway program.

(Sec. 3) Allows a State to transfer unobligated apportionments of funds for certain Federal-aid highway program projects to any other of those Federal-aid highway program projects. Prohibits any transfer from unobligated amounts apportioned for: (1) the congestion mitigation and air quality improvement program; and (2) the surface transportation program.

(Sec. 4) Makes specified funds available from the Highway Trust Fund (HTF) for administrative expenses of the Federal-aid highway program for FY 2005.

(Sec. 5) Extends through May 31, 2005, the authorization of appropriations under TEA-21 for: (1) Federal land highways (Indian reservation roads, public lands highways, park roads and parkways, and refuge roads); (2) national corridor planning and development and coordinated border infrastructure programs; (3) construction of ferry boats and ferry terminal facilities; (4) the national scenic byways program; (5) the value pricing pilot program; (6) highway use tax evasion projects; (7) the Commonwealth of Puerto Rico Highway Program; (8) safety grants; (9) the transportation and community and system preservation pilot program; (10) transportation infrastructure finance and innovation; (11) a center for national scenic byways; (12) surface transportation research; (13) the technology deployment program; (14) training and education; (15) the Bureau of Transportation Statistics; (16) intermodal transportation system (ITS) standards, research, operational tests, and development; (17) ITS deployment; (18) university transportation research; (19) metropolitan planning; (20) the Territories of Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands; (21) the Alaska highway program; (22) Operation Lifesaver; (23) the bridge discretionary program; (24) interstate maintenance; (25) recreational trails administrative costs; and (26) railway-highway crossing hazard elimination in high speed rail corridors.

Extends through May 31, 2005, the authorization of appropriations for skills training and on-the-job training to implement a specified nondiscrimination program.

(Sec. 6) Extends the authorization of appropriations for highway safety programs, including (1) seat belt safety incentive grants; (2) prevention of intoxicated driver incentive grants; (3) highway safety research and development (R&D); (4) occupant protection incentive grant; (5) alcohol-impaired driving countermeasures incentive grants; and (6) the National Driver Register.

(Sec. 7) Extends through May 31, 2005, the authorization of appropriations for: (1) administrative expenses of the Federal Motor Carrier Safety Administration (FMCSA); (2) the motor carrier safety assistance program; (3) information systems and commercial driver's license grants; (4) emergency commercial driver license (CDL) grants; and (5) continuation of a crash causation study.

Makes certain Federal hours-of-service regulations with respect 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, effective 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 U.S. 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) Extends through May 31, 2005, the authorization of allocations and apportionments for Federal Transit programs, including: (1) fixed guideway modernization; (2) formula grants; (3) capital programs; (4) planning; (5) research, including university transportation research; (6) the job access and reverse commute program; (7) the rural transportation accessibility incentive program; (8) urbanized area formula grants; (9) the fuel cell bus and bus facilities program; (10) the advanced technology pilot project; (11) projects for new fixed guideway systems and extensions to existing systems; and (12) the New Jersey urban core project.

(Sec. 9) Amends the Dingell-Johnson Sport Fishing Restoration Act to extend through May 31, 2005, authorizations of appropriations for: (1) the National Outreach and Communications Program; and (2) qualified projects under the Clean Vessel Act of 1972.

Amends Federal maritime law to increase the authorization of appropriations for personnel and activities expenses of the Coast Guard directly related to the national recreational boating safety program.

(Sec. 10) Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) and TEA-21, respectively, to set related discretionary spending limits and obligations for the highway and mass transit categories for FY 2005.

Expresses the sense of Congress that with respect to any multiyear reauthorization of the Federal-aid highway program that the alignment of highway spending with revenues under the Gramm-Rudman-Hollings Act should be restructured to minimize year-to-year fluctuations in highway spending levels.

Expresses the sense of Congress that: (1) the level of obligation limitations for FY 2005 under the highway category and the mass transit category under TEA-21, as amended and extended, should equal the obligation limitations for such categories authorized in any multiyear law reauthorizing the Federal-aid highway program and enacted after this Act; and (2) the highway account category obligation limitation level for FY 2005 should equal the sum of the Federal Highway Administration (FHA), National Highway Safety Administration (NHSA), and FMCSA obligation limitations for FY 2005 in such multiyear law; and (3) the mass transit category obligation limitation level for FY 2005 should equal the sum of budget authority and obligation limitation authorizations for Federal Transit Administration programs for FY 2005 in the multiyear reauthorization.

(Sec. 12) Amends the Surface Transportation Extension Act of 2003 to extend highway programs through the end of FY 2004.

(Sec. 13) Amends the Internal Revenue Code to extend until June 1, 2005, the authorization for the use of the HTF (including the Mass Transit Account) and the Aquatic Resources Trust Fund (including the Sport Fish Restoration Account and the Boat Safety Account) for obligations under TEA-21.

Extends through FY 2005 authorities for the transfer of a certain percentage of excise tax revenues for alcohol-blended fuels to the HTF.

Introduced in HouseSep 29, 200400

Surface Transportation Extension Act of 2004, Part V - Extends Federal highway, highway safety, motor carrier safety, and transit programs for seven months, and authorizes appropriations, through May 31, 2005.

Directs the Secretary of Transportation to: (1) apportion funds made available for Federal-aid highway programs under the Transportation Equity Act for the 21st Century (TEA-21) to each State according to the ratio of the State's FY 2004 obligation authority to the FY 2004 obligation authority for all States; and (2) ensure that each State is apportioned funds 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 program, and the minimum guarantee.

Sets forth provisions: (1) for reducing future apportionments, and for recovering funds not apportioned, under a multi-year law reauthorizing the Federal-aid highway program that is enacted after enactment of this Act; (2) prohibiting after May 31, 2005, the obligation of any Federal-aid highway program funds until the date of enactment of a multi-year law reauthorizing such program that is enacted after enactment of this Act; and (3) prohibiting a State from transferring unobligated Federal-aid highway funds from amounts apportioned to it for the congestion mitigation and air quality improvement program and the surface transportation program.

Authorizes appropriations through May 31, 2005, for specified Federal-aid highway programs, highway safety programs, the Motor Carrier Safety Administration program, Federal transit programs, and sport fishing and boating safety programs.

Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) and TEA-21, respectively, to set related discretionary spending limits and obligation limitations for FY 2005.

Amends the Surface Transportation Extension Act of 2003 to extend highway programs through the end of FY 2004.

Amends the Internal Revenue Code to extend authorization for the use of the Highway Trust Fund (including the mass transit account) and the Aquatic Resources Trust Fund for obligations under TEA-21.

Surface Transportation Extension Act of 2004, Part V — Informed