[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1400 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                S. 1400

To provide a 6-month extension of highway, highway safety, and transit 
   programs pending enactment of a law reauthorizing the Intermodal 
             Surface Transportation Efficiency Act of 1991.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            November 7, 1997

  Mr. Bond (for himself, Mr. Chafee, Mr. Warner, Mr. Baucus, and Mr. 
   D'Amato) introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
To provide a 6-month extension of highway, highway safety, and transit 
   programs pending enactment of a law reauthorizing the Intermodal 
             Surface Transportation Efficiency Act of 1991.

    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 1997''.

SEC. 2. ADVANCE AUTHORIZATIONS.

    (a) In General.--The Secretary of Transportation (referred to in 
this Act as the ``Secretary'') shall apportion funds made available 
under the amendment made by subsection (d)--
            (1) to any State for which the State's unobligated balance, 
        as of October 1, 1997, of Federal-aid highway apportionments 
        subject to any limitation on obligations is less than 50 
        percent of the State's total fiscal year 1997 obligation 
        authority for funds apportioned for the Federal-aid highway 
        program; and
            (2) in an amount sufficient to increase the State's 
        unobligated balance, as of October 1, 1997, of apportionments 
        described in paragraph (1) to an amount equal to 50 percent of 
        the State's total fiscal year 1997 obligation authority for 
        funds apportioned for the Federal-aid highway program.
    (b) Eligible Use of Apportionments.--A State may obligate funds 
apportioned under subsection (a) for any project eligible for 
assistance under section 133, 149, 402, or 410 of title 23, United 
States Code, or chapter 311 of title 49, United States Code.
    (c) Repayment From Surface Transportation Program Apportionment.--
The Secretary shall reduce the amount that would, but for this section, 
be apportioned to a State under section 104(b)(3) of title 23, United 
States Code, for fiscal year 1998 under a law reauthorizing the 
Federal-aid highway program enacted after the date of enactment of this 
Act by the amount of any authorization of contract authority provided 
to a State under subsection (a).
    (d) Authorization of Contract Authority.--Section 1003 of the 
Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 
1918) is amended by adding at the end the following:
    ``(d) Advance Authorizations.--There shall be available from the 
Highway Trust Fund (other than the Mass Transit Account) to carry out 
section 2 of the Surface Transportation Extension Act of 1997 
$506,273,000 for the period of January 1, 1998, through January 8, 
1998.
    ``(e) Authorization of Contract Authority.--
            ``(1) Authorization.--Notwithstanding section 157(e) of 
        title 23, United States Code, there shall be available from the 
        Highway Trust Fund (other than the Mass Transit Account) to 
        carry out section 157 of title 23, United States Code, not to 
        exceed $14,000,000 for the period of January 1, 1998, through 
        January 8, 1998.
            ``(2) Allocation.--The Secretary shall allocate the amounts 
        authorized under paragraph (1) to each State in the ratio 
        that--
                    ``(A) the amount allocated to the State for fiscal 
                year 1997 under section 157 of that title; bears to
                    ``(B) the amounts allocated to all States for 
                fiscal year 1997 under section 157 of that title.
    ``(f) Contract Authority.--Funds authorized under subsections (d) 
and (e) shall be available for obligation in the same manner as if the 
funds were apportioned under chapter 1 of title 23, United States 
Code.''.
    (e) Limitation on Obligations.--Section 310 of the Department of 
Transportation and Related Agencies Appropriations Act, 1998 (Public 
Law 105-66; 111 Stat. 1425), is amended by striking subsection (b) and 
inserting the following:
    ``(b) Allocation of Obligation Authority During Certain Period.--
            ``(1) In general.--Subject to paragraph (2), after the date 
        of enactment of the Surface Transportation Extension Act of 
        1997, the Secretary shall allocate to each State an amount of 
        obligation authority that is--
                    ``(A) equal to the greater of--
                            ``(i) the State's unobligated balance of 
                        Federal-aid highway apportionments subject to 
                        any limitation on obligations; or
                            ``(ii) 50 percent of the State's total 
                        fiscal year 1997 obligation authority for funds 
                        apportioned for the Federal-aid highway 
                        program; but
                    ``(B) not greater than 75 percent of the State's 
                total fiscal year 1997 obligation authority for funds 
                apportioned for the Federal-aid highway program.
            ``(2) Limitation on amount.--The total of all allocations 
        under paragraph (1) shall not exceed $9,786,275,000.
            ``(3) Time period for obligations of funds.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), a State shall not obligate any funds 
                for any Federal-aid highway program project after May 
                1, 1998, until such time as a multiyear law 
                reauthorizing the Federal-aid highway program has been 
                enacted.
                    ``(B) Reobligation.--Subparagraph (A) shall not 
                preclude the reobligation of deobligated funds.
                    ``(C) Distribution of remaining obligation 
                authority.--Upon enactment of a law described in 
                subparagraph (A), the Secretary shall distribute to 
                each State any remaining amounts of obligation 
                authority for Federal-aid highways and highway safety 
                construction programs by allocation in accordance with 
                subsection (a).''.
    (f) Treatment of Obligations.--Any obligation incurred under this 
Act, or an amendment made by this Act, shall be considered to be an 
obligation for Federal-aid highways and highway safety construction 
programs for fiscal year 1998 for the purposes of the matter under the 
heading ``(limitation on obligations)'' under the heading ``Federal-Aid 
Highways'' in title I of the Department of Transportation and Related 
Agencies Appropriations Act, 1998 (Public Law 105-66; 111 Stat. 1425).
    (g) Funding Baseline.--Notwithstanding section 257 of the Balanced 
Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 907) and the 
effect of funding provided under this Act or an amendment made by this 
Act, the baseline prepared by the Congressional Budget Office and the 
Office of Management and Budget for fiscal years 1998 through 2003 for 
mandatory contract authority and mandatory outlays for Federal-aid 
highways and highway safety construction programs shall be the baseline 
included in the concurrent resolution on the budget for fiscal year 
1998.

SEC. 3. TRANSFERS OF UNOBLIGATED APPORTIONMENTS.

    (a) In General.--Notwithstanding any other provision of law, for 
fiscal year 1998, a State may transfer any funds apportioned to the 
State for any program under section 104 (including amounts apportioned 
under section 104(b)(3) or set aside or suballocated under section 
133(d)), 144, or 402 of title 23, United States Code, granted to the 
State for any program under section 410 of that title, or allocated to 
the State for any program under chapter 311 of title 49, United States 
Code, 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 transferred 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 the surface transportation program under section 133 of 
title 23, United States Code, other than paragraphs (1) and (2) of 
section 133(d) of that title, shall not be subject to section 133(d) of 
that title.
    (c) Restoration of Apportionments.--
            (1) In general.--As soon as practicable after the date of 
        enactment of a law reauthorizing the Federal-aid highway 
        program enacted after the date of enactment of this Act, the 
        Secretary 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 no 
        longer authorized may be restored to the Federal-aid highway 
        program.
    (d) Guidance.--The Secretary may issue guidance for use in carrying 
out this section.

SEC. 4. ADMINISTRATIVE EXPENSES.

    (a) Expenses of Federal Highway Administration.--
            (1) Authority to borrow.--
                    (A) From unobligated funds available for 
                discretionary allocations.--If unobligated balances of 
                funds deducted by the Secretary under section 104(a) of 
                title 23, United States Code, for administrative and 
                research expenses of the Federal-aid highway program 
                are insufficient to pay those expenses for fiscal year 
                1998, the Secretary may borrow not to exceed 
                $60,000,000 for those expenses from unobligated funds 
                available to the Secretary for discretionary 
                allocations.
                    (B) Requirement to reimburse.--Funds borrowed under 
                subparagraph (A) shall be reimbursed from amounts made 
                available to the Secretary under section 104(a) of 
                title 23, United States Code, as soon as practicable 
                after the date of enactment of a law reauthorizing the 
                Federal-aid highway program enacted after the date of 
                enactment of this Act.
            (2) Authorization of contract authority.--
                    (A) In general.--In addition to funds made 
                available under paragraph (1), there shall be available 
                from the Highway Trust Fund (other than the Mass 
                Transit Account) for administrative and research 
                expenses of the Federal-aid highway program 
                $151,000,000 for fiscal year 1998.
                    (B) Contract authority.--Funds authorized under 
                this paragraph shall be available for obligation in the 
same manner as if the funds were apportioned under chapter 1 of title 
23, United States Code.
            (3) Use of certain administrative funds.--Section 104(i)(1) 
        of title 23, United States Code, is amended by inserting ``, 
        and for the period of October 1, 1997, through March 31, 
        1998,'' after ``1997''.
    (b) Bureau of Transportation Statistics.--Section 6006 of the 
Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 
2172) is amended--
            (1) by inserting ``(a) In General.--'' before ``Chapter 
        I''; and
            (2) in the first sentence of subsection (b)--
                    (A) by striking ``1996, and'' and inserting 
                ``1996,''; and
                    (B) by inserting before the period at the end the 
                following: ``, and $12,500,000 for the period of 
                October 1, 1997, through March 31, 1998''.

SEC. 5. OTHER FEDERAL-AID HIGHWAY PROGRAMS.

    (a) Federal Lands Highways.--Section 1003(a)(6) of the Intermodal 
Surface Transportation Efficiency Act of 1991 (105 Stat. 1919) is 
amended--
            (1) in subparagraph (A)--
                    (A) by striking ``1992 and'' and inserting 
                ``1992,''; and
                    (B) by inserting before the period at the end the 
                following: ``, and $95,500,000 for the period of 
                October 1, 1997, through March 31, 1998'';
            (2) in subparagraph (B)--
                    (A) by striking ``1995, and'' and inserting 
                ``1995,''; and
                    (B) by inserting before the period at the end the 
                following: ``and $86,000,000 for the period of October 
                1, 1997, through March 31, 1998''; and
            (3) in subparagraph (C)--
                    (A) by striking ``1995, and'' and inserting 
                ``1995,''; and
                    (B) by inserting before the period at the end the 
                following: ``, and $42,000,000 for the period of 
                October 1, 1997, through March 31, 1998''.
    (b) National Recreational Trails Program.--Section 1003 of the 
Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 
1918) (as amended by section 2(d)) is amended by adding at the end the 
following:
    ``(e) National Recreational Trails Program.--Section 104(h) of 
title 23, United States Code, is amended by inserting `and $7,500,000 
for the period of October 1, 1997, through March 31, 1998' after 
`1997'.''.
    (c) Certain Allocated Programs.--
            (1) Highway use tax evasion.--Section 1040(f)(1) of the 
        Intermodal Surface Transportation Efficiency Act of 1991 (23 
        U.S.C. 101 note; 105 Stat. 1992) is amended in the first 
        sentence by inserting before the period at the end the 
        following: ``and $2,500,000 for the period of October 1, 1997, 
        through March 31, 1998''.
            (2) Scenic byways program.--Section 1047(d) of the 
        Intermodal Surface Transportation Efficiency Act of 1991 (23 
        U.S.C. 101 note; 105 Stat. 1998) is amended in the first 
        sentence--
                    (A) by striking ``1994, and'' and inserting 
                ``1994,''; and
                    (B) by inserting before the period at the end the 
                following: ``, and $7,000,000 for the period of October 
                1, 1997, through March 31, 1998''.
    (d) Intelligent Transportation Systems.--Section 6058(b) of the 
Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 
2194) is amended--
            (1) by striking ``1992 and'' and inserting ``1992,''; and
            (2) by inserting before the period at the end the 
        following: ``, and $56,500,000 for the period of October 1, 
        1997, through March 31, 1998''.
    (e) Surface Transportation Research.--
            (1) Operation lifesaver.--
                    (A) In general.--There shall be available from the 
                Highway Trust Fund (other than the Mass Transit 
                Account) to carry out the operation lifesaver program 
                under section 104(d)(1) of title 23, United States 
                Code, $150,000 for the period of October 1, 1997, 
                through March 31, 1998.
                    (B) Contract authority.--Funds authorized under 
                this paragraph shall be available for obligation in the 
                same manner as if the funds were apportioned under 
                chapter 1 of title 23, United States Code.
            (2) Dwight david eisenhower transportation fellowship 
        program.--
                    (A) In general.--There shall be available from the 
                Highway Trust Fund (other than the Mass Transit 
                Account) to carry out the Dwight David Eisenhower 
                Transportation Fellowship Program under section 
307(a)(1)(C)(ii) of title 23, United States Code, $1,000,000 for the 
period of October 1, 1997, through March 31, 1998.
                    (B) Contract authority.--Funds authorized under 
                this paragraph shall be available for obligation in the 
                same manner as if the funds were apportioned under 
                chapter 1 of title 23, United States Code.
            (3) National highway institute.--Section 321(f) of title 
        23, United States Code, is amended by adding at the end the 
        following: ``There shall be available from the Highway Trust 
        Fund (other than the Mass Transit Account) to carry out this 
        section $2,500,000 for the period of October 1, 1997, through 
        March 31, 1998.''.
            (4) Education and training program.--Section 326(c) of 
        title 23, United States Code, is amended by adding at the end 
        the following: ``There shall be available from the Highway 
        Trust Fund (other than the Mass Transit Account) to carry out 
        this section $3,000,000 for the period of October 1, 1997, 
        through March 31, 1998.''.

SEC. 6. EXTENSION OF HIGHWAY SAFETY PROGRAMS.

    (a) NHTSA Highway Safety Programs.--Section 2005(1) of the 
Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 
2079) is amended--
            (1) by striking ``1996, and'' and inserting ``1996,''; and
            (2) by inserting before the period at the end the 
        following: ``, and $83,000,000 for the period of October 1, 
        1997, through March 31, 1998''; and
    (b) Alcohol-Impaired Driving Countermeasures.--Section 410 of title 
23, United States Code, is amended--
            (1) in subsection (c)--
                    (A) by striking ``5'' and inserting ``6''; and
                    (B) in paragraph (3), by striking ``and fifth'' and 
                inserting ``fifth, and sixth'';
            (2) in subsection (d)(2)(B), by striking ``two'' and 
        inserting ``3''; and
            (3) in the first sentence of subsection (j)--
                    (A) by striking ``1997, and'' and inserting 
                ``1997,''; and
                    (B) by inserting before the period at the end the 
                following ``, and $12,500,000 for the period of October 
                1, 1997, through March 31, 1998''.
    (c) National Driver Register.--Section 30308(a) of title 49, United 
States Code, is amended--
            (1) by striking ``1994, and'' and inserting ``1994,''; and
            (2) by inserting after ``1997,'' the following: ``and 
        $1,855,000 for the period of October 1, 1997, through March 31, 
        1998,''.

SEC. 7. EXTENSION OF MOTOR CARRIER SAFETY PROGRAM.

    Section 31104(a) of title 49, United States Code, is amended--
            (1) in paragraphs (1) through (5), by striking ``not more'' 
        each place it appears and inserting ``Not more''; and
            (2) by adding at the end the following:
            ``(6) Not more than $45,000,000 for the period of October 
        1, 1997, through March 31, 1998.''.

SEC. 8. EXTENSION OF FEDERAL TRANSIT PROGRAMS.

    Title III of the Intermodal Surface Transportation Efficiency Act 
of 1991 (105 Stat. 2087-2140) is amended by adding at the end the 
following:

``SEC. 3049. EXTENSION OF FEDERAL TRANSIT PROGRAMS FOR THE PERIOD OF 
              OCTOBER 1, 1997, THROUGH MARCH 31, 1998.

    ``(a) Allocating Amounts.--Section 5309(m)(1) of title 49, United 
States Code, is amended by inserting `, and for the period of October 
1, 1997, through March 31, 1998' after `1997'.
    ``(b) Apportionment of Appropriations for Fixed Guideway 
Modernization.--Section 5337 of title 49, United States Code, is 
amended--
            ``(1) in subsection (a), by inserting `and for the period 
        of October 1, 1997, through March 31, 1998,' after `1997,'; and
            ``(2) by adding at the end the following:
    ```(e) Special Rule for October 1, 1997, Through March 31, 1998.--
The Secretary shall determine the amount that each urbanized area is to 
be apportioned for fixed guideway modernization under this section on a 
pro rata basis to reflect the partial fiscal year 1998 funding made 
available by section 5338(b)(1)(F).'.
    ``(c) Authorizations.--Section 5338 of title 49, United States 
Code, is amended--
            ``(1) in subsection (a)--
                    ``(A) in paragraph (1), by adding at the end the 
                following:
            ```(F) $1,349,395,000 for the period of October 1, 1997, 
        through March 31, 1998.'; and
                    ``(B) in paragraph (2), by adding at the end the 
                following:
            ```(F) $369,000,000 for the period of October 1, 1997, 
        through March 31, 1998.';
            ``(2) in subsection (b)(1), by adding at the end the 
        following:
            ```(F) $1,110,605,000 for the period of October 1, 1997, 
        through March 31, 1998.';
            ``(3) in subsection (c), by inserting `and not more than 
        $1,500,000 for the period of October 1, 1997, through March 31, 
        1998,' after `1997,';
            ``(4) in subsection (e), by inserting `and not more than 
        $3,000,000 is available from the Fund (except the Account) for 
        the Secretary for the period of October 1, 1997, through March 
        31, 1998,' after `1997,';
            ``(5) in subsection (h)(3), by inserting `and $3,000,000 is 
        available for section 5317 for the period of October 1, 1997, 
        through March 31, 1998' after `1997';
            ``(6) in subsection (j)(5)--
                    ``(A) in subparagraph (B), by striking `and' at the 
                end;
                    ``(B) in subparagraph (C), by striking the period 
                at the end and inserting `; and'; and
                    ``(C) by adding at the end the following:
                    ```(D) the lesser of $1,500,000 or an amount that 
                the Secretary determines is necessary is available to 
                carry out section 5318 for the period of October 1, 
                1997, through March 31, 1998.';
            ``(7) in subsection (k), by striking `or (e)' and inserting 
        `(e), or (m)'; and
            ``(8) by adding at the end the following:
    ```(m) Section 5316 for the Period of October 1, 1997, Through 
March 31, 1998.--Not more than the following amounts may be 
appropriated to the Secretary from the Fund (except the Account) for 
the period of October 1, 1997, through March 31, 1998:
            ```(1) $125,000 to carry out section 5316(a).
            ```(2) $1,500,000 to carry out section 5316(b).
            ```(3) $500,000 to carry out section 5316(c).
            ```(4) $500,000 to carry out section 5316(d).
            ```(5) $500,000 to carry out section 5316(e).'.''.
                                 <all>