[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1519 Considered and Passed Senate (CPS)]
105th CONGRESS
1st Session
S. 1519
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 10, 1997
Mr. Bond (for himself, Mr. Chafee, Mr. Warner, Mr. Baucus, and Mr.
D'Amato) introduced the following bill; which was read twice,
considered, read the third time, and passed
_______________________________________________________________________
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. ADVANCES.
(a) In General.--The Secretary of Transportation (referred to in
this Act as the ``Secretary'') shall apportion funds made available
under section 1003(d) of the Intermodal Surface Transportation
Efficiency Act of 1991 to each State in the ratio that--
(1) the State's total fiscal year 1997 obligation authority
for funds apportioned for the Federal-aid highway program;
bears to
(2) all States' total fiscal year 1997 obligation authority
for funds apportioned for the Federal-aid highway program.
(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, the bridge program, the surface
transportation program, the congestion mitigation and air
quality improvement program, minimum allocation under section
157 of title 23, United States Code, Interstate reimbursement
under section 160 of that title, the donor State bonus under
section 1013(c) of the Intermodal Surface Transportation
Efficiency Act of 1991 (105 Stat. 1940), hold harmless under
section 1015(a) of that Act (105 Stat. 1943), 90 percent of
payments adjustments under section 1015(b) of that Act (105
Stat. 1944), section 1015(c) of that Act (105 Stat. 1944), an
amount equal to the funds provided under sections 1103 through
1108 of that Act (105 Stat. 2027), and funding restoration
under section 202 of the National Highway System Designation
Act of 1995 (109 Stat. 571).
(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
subsection (a); by
(B) the ratio that--
(i) the amount of funds apportioned for the
item, or allocated under sections 1103 through
1108 of the Intermodal Surface Transportation
Efficiency Act of 1991 (105 Stat. 2027), to the
State for fiscal year 1997; bears to
(ii) the total of the amount of funds
apportioned for the items, and allocated under
those sections, to the State for fiscal year
1997.
(3) Use of funds.--Amounts apportioned to a State under
subsection (a) attributable to sections 1103 through 1108 of
the Intermodal Surface Transportation Efficiency Act of 1991
shall be available to the State for projects eligible for
assistance under chapter 1 of title 23, United States Code.
(4) Administration.--Funds authorized by the amendment made
by subsection (d) shall be administered as if they had been
apportioned, allocated, deducted, or set aside, as the case may
be, under title 23, United States Code; except that the
deduction under section 104(a) of title 23, United States Code,
the set-asides under section 104(b)(1) of that title for the
territories and under section 104(f)(1) of that title for
metropolitan planning, and the expenditure required under
section 104(d)(1) of that title shall not apply to those funds.
(c) Repayment From Future Apportionments.--
(1) In general.--The Secretary shall reduce the amount that
would, but for this section, be apportioned to a State for
programs under chapter 1 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 that is apportioned to each State under
subsection (a) and section 5(f) for each such program.
(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 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.--
``(1) In general.--There shall be available from the
Highway Trust Fund (other than the Mass Transit Account) to
carry out section 2(a) of the Surface Transportation Extension
Act of 1997 $5,500,000,000 for the period of November 16, 1997,
through January 31, 1998.
``(2) Special rule.--Funds apportioned under subsection (a)
shall be subject to any limitation on obligations for Federal-
aid highways and highway safety construction programs.
``(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 $15,460,000 for the period of January 26, 1998, through
January 31, 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.--
(1) In general.--Subject to paragraph (2), after the date
of enactment of this Act, the Secretary shall allocate to each
State an amount of obligation authority made available under
the Department of Transportation and Related Agencies
Appropriations Act, 1998 (Public Law 105-66) that is--
(A) equal to the greater of--
(i) the State's unobligated balance, as of
October 1, 1997, 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 the earlier of the date of enactment of a
multiyear law reauthorizing the Federal-aid highway
program or July 1, 1998.
(B) Reobligation.--Subparagraph (A) shall not
preclude the reobligation of previously obligated
funds.
(C) Distribution of remaining obligation
authority.--On the earlier of the date of enactment of
a law described in subparagraph (A) or July 1, 1998,
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 section 310(a) of the
Department of Transportation and Related Agencies
Appropriations Act, 1998 (Public Law 105-66).
(D) Contract authority.--No contract authority made
available to the States prior to July 1, 1998, shall be
obligated after that date until such time as a
multiyear law reauthorizing the Federal-aid highway
program has been enacted.
(4) Treatment of obligations.--Any obligation of an
allocation of obligation authority made under this subsection
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).
SEC. 3. TRANSFERS OF UNOBLIGATED APPORTIONMENTS.
(a) In General.--In addition to any other authority of a State to
transfer funds, 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, before, on, or after the date of enactment of this Act,
granted to the State for any program under section 410 of that title
before, on, or after such date of enactment, or allocated to the State
for any program under chapter 311 of title 49, United States Code,
before, on, or after such date of enactment, 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 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.--
(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 not
authorized may be restored to the Federal-aid highway, highway
safety, and motor carrier safety programs.
(3) Limitation on statutory construction.--No provision of
law, except a statute enacted after the date of enactment of
this Act that expressly limits the application of this
subsection, 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.
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 to pay those expenses
not to exceed $60,000,000 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
$158,500,000 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, and shall be
subject to any limitation on obligations for Federal-
aid highways and highway safety construction programs.
(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 $47,000,000 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, and shall be
subject to any limitation on obligations for Federal-
aid highways and highway safety construction programs.
(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, and shall be
subject to any limitation on obligations for Federal-
aid highways and highway safety construction programs.
(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, and such funds shall be subject to any
limitation on obligations for Federal-aid highways and highway
safety construction programs.''.
(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, and such funds shall be subject to any
limitation on obligations for Federal-aid highways and highway
safety construction programs.''.
(f) Metropolitan Planning.--
(1) Authorization of contract authority.--
(A) In general.--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, $78,500,000 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, and shall be
subject to any limitation on obligations for Federal-
aid highways and highway safety construction programs.
(2) Distribution of funds.--The Secretary shall distribute
funds authorized under paragraph (1) to the States in
accordance with section 104(f)(2) of title 23, United States
Code.
(g) Territories.--Section 1003 of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 1918) (as amended by
subsection (b)) is amended by adding at the end the following:
``(f) Territories.--
``(1) In general.--In lieu of the amounts deducted under
section 104(b)(1) of title 23, United States Code, there shall
be available from the Highway Trust Fund (other than the Mass
Transit Account) for the Virgin Islands, Guam, American Samoa,
and the Commonwealth of the Northern Mariana Islands
$15,000,000 for the period of October 1, 1997, through March
31, 1998.
``(2) Contract authority.--Funds authorized under this
subsection shall be available for obligation in the same manner
as if the funds were apportioned under chapter 1 of title 23,
United States Code, and shall be subject to any limitation on
obligations for Federal-aid highways and highway safety
construction programs.''.
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) $1,328,400,000 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) $1,131,600,000 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).'.''.
SEC. 9. EXTENSION OF TRUST FUNDS FUNDED BY HIGHWAY-RELATED TAXES.
(a) Highway Trust Fund.--Section 9503 of the Internal Revenue Code
of 1986 (relating to Highway Trust Fund) is amended--
(1) in subsection (c)--
(A) in paragraph (1)--
(i) by striking ``1997'' and inserting
``1998''; and
(ii) by striking the last sentence and
inserting the following new flush sentence:
``In determining the authorizations under the Acts referred to
in the preceding subparagraphs, such Acts shall be applied as
in effect on the date of the enactment of this sentence.'';
(B) in paragraph (4)(A), by striking ``1997'' and
inserting ``1998'';
(C) in paragraph (5)(A), by striking ``1997'' and
inserting ``1998''; and
(D) in paragraph (6)(E), by striking ``1997'' and
inserting ``1998''; and
(2) in subsection (e)(3)--
(A) by striking ``1997'' and inserting ``1998'',
and
(B) by striking all that follows ``the enactment
of'' and inserting ``the last sentence of subsection
(c)(1).''
(b) Aquatic Resources Trust Fund.--Section 9504(c) of the Internal
Revenue Code of 1986 (relating to expenditures from Boat Safety
Account) is amended by striking ``April 1, 1998'' and inserting
``October 1, 1998''.
(c) National Recreational Trails Trust Fund.--Section 9511(c) of
the Internal Revenue Code of 1986 (relating to expenditures from Trust
Fund) is amended by striking ``1997'' and inserting ``1998''.
(d) Effective Date.--The amendments made by this section shall take
effect on October 1, 1997.
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