[Congressional Record Volume 143, Number 134 (Wednesday, October 1, 1997)]
[House]
[Pages H8285-H8290]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT EXTENSION
Mr. SHUSTER. Madam Speaker, I ask unanimous consent that the House
immediately consider the bill (H.R. 2516) to extend the Intermodal
Surface Transportation Efficiency Act of 1991 through March 31, 1998;
that the amendment now at the desk be considered as adopted; and that
the bill, as amended, be considered as passed.
The Clerk read the title of the bill.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Pennsylvania?
There was no objection.
The text of H.R. 2516 is as follows:
H.R. 2516
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. STATEMENT OF PURPOSE.
This Act makes funds available for the Federal-aid highway,
highway safety, motor carrier safety, and mass transportation
programs for the first 6 months of fiscal year 1998 by
extending the Intermodal Surface Transportation Efficiency
Act of 1991 to ensure the continuation of such programs while
a multiyear reauthorization is developed. This extension is
structured to allow programmatic, apportionment formula, and
funding adjustments for the second 6 months of fiscal year
1998 through enactment of a multiyear program.
SEC. 2. EXTENSION OF FEDERAL-AID HIGHWAY PROGRAM FUNDING.
(a) In General.--Section 1003 of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 1918-1922)
is amended by adding at the end the following:
``(d) Federal-Aid Highways for the Period October 1, 1997,
Through March 31, 1998.--
``(1) In general.--For Federal-aid highways and highway
safety construction programs, $11,942,375,000 are authorized
to be appropriated out of the Highway Trust Fund (other than
the Mass Transit Account) during the period October 1, 1997,
through March 31, 1998, and shall be distributed in
accordance with this subsection.
``(2) Certain discretionary programs.--Of the amounts made
available by paragraph (1), the Secretary shall deduct
$32,500,000 to carry out section 118(c)(2) of title 23,
United States Code, for the period October 1, 1997, through
March 31, 1998, and shall deduct $30,250,000 to carry out the
discretionary program under paragraphs (1) and (2) of section
144(g) of such title during such period.
``(3) State allocation percentages.--From amounts remaining
after making the deductions under paragraph (2) and
application of paragraphs (4) and (5), the Secretary shall
determine the amount to be apportioned among the States in
accordance with the following table:
``State: Percentage:
Alabama..........................................................2.0026
Alaska...........................................................1.0499
Arizona..........................................................1.4627
Arkansas.........................................................1.5268
California.......................................................8.9046
Colorado.........................................................1.0443
Connecticut......................................................1.9229
Delaware.........................................................0.4057
District of Columbia.............................................0.4436
Florida..........................................................4.4867
Georgia..........................................................3.2899
Hawaii...........................................................0.6435
Idaho............................................................0.6314
Illinois.........................................................3.6779
Indiana..........................................................2.4581
Iowa.............................................................1.1364
Kansas...........................................................1.1383
Kentucky.........................................................1.6617
Louisiana........................................................1.4831
Maine............................................................0.6458
Maryland.........................................................1.4512
Massachusetts....................................................3.5632
Michigan.........................................................3.0432
Minnesota........................................................1.4547
Mississippi......................................................1.1286
Missouri.........................................................2.2677
Montana..........................................................0.7857
Nebraska.........................................................0.7501
Nevada...........................................................0.6218
New Hampshire....................................................0.4764
New Jersey.......................................................2.6851
New Mexico.......................................................0.8767
New York.........................................................5.7882
North Carolina...................................................2.7408
North Dakota.....................................................0.5972
Ohio.............................................................3.4702
Oklahoma.........................................................1.5021
Oregon...........................................................1.1378
Pennsylvania.....................................................4.5007
Rhode Island.....................................................0.4708
South Carolina...................................................1.6019
South Dakota.....................................................0.5990
Tennessee........................................................2.0954
Texas............................................................6.9197
Utah.............................................................0.6672
Vermont..........................................................0.4287
Virginia.........................................................2.4440
Washington.......................................................1.7603
West Virginia....................................................1.1088
Wisconsin........................................................2.0159
Wyoming..........................................................0.5999
Puerto Rico.....................................................0.4312.
``(4) State programmatic distribution.--
``(A) In general.--Of the funds to be apportioned to each
State under paragraph (3), the Secretary shall ensure that
the State is apportioned an amount of such funds, determined
under subparagraph (B), for the Interstate maintenance
program, the National Highway System, the bridge program, the
surface transportation program, the congestion mitigation and
air quality program, minimum allocation under section 157 of
title 23, United States Code, Interstate reimbursement under
section 160 of such title, the donor State bonus under
section 1013(c) of the Intermodal Surface Transportation
Efficiency Act of 1991, hold harmless under section 1015(a)
of such Act, 90 percent of payments adjustments under
section 1015(b) of such Act, metropolitan planning under
section 134 of such title, section 1015(c) and sections
1103 through 1108 of such Act, and funding restoration
under section 202 of the National Highway System
Designation Act of 1995.
``(B) Formula.--The amount which each State is to be
apportioned under this subsection for each item referred to
in subparagraph (A) shall be in the same ratio that each
State was apportioned funds for such item or allocated funds
under sections 1103 through 1108 of the Intermodal Surface
Transportation Efficiency Act of 1991 to the total of all
such funds apportioned and allocated to such State for such
items for fiscal year 1997.
``(C) Minimum allocation.--Not more than $319,500,000 of
the funds apportioned to States by this subsection for
minimum allocation shall not be subject to any obligation
limitation.
``(D) Special rule.--Amounts apportioned to a State by this
subsection for carrying out sections 1103 through 1108 of the
Intermodal Surface Transportation Efficiency Act of 1991
shall be available to such State for projects eligible for
assistance under chapter 1 of title 23, United States Code.
[[Page H8286]]
``(E) Administration.--Funds apportioned, and funds
allocated, under this subsection shall be administered as if
they had been apportioned or allocated, as the case may be,
under title 23, United States Code.
``(5) General operating expenses and other deductions.--
``(A) General operating expenses.--After making the
determinations and before apportioning funds under paragraphs
(3) and (4), the Secretary shall deduct the amount that would
be required to be deducted under section 104(a) of title 23,
United States Code, from the aggregate of amounts to be
apportioned to all States for programs to which the deduction
under such section would apply if such section applied to
such apportionment.
``(B) Territorial highways.--After making the
determinations and before apportioning funds under paragraphs
(3) and (4), the Secretary shall deduct the amount required
to be deducted pursuant to section 104(b)(1) of title 23,
United States Code, for the Virgin Islands, Guam, American
Samoa, and the Commonwealth of the Northern Mariana Islands
from the aggregate amounts to be apportioned to all States
for the National Highway System under this subsection.
``(6) National recreational trails program.--Section 104(h)
of title 23, United States Code, is amended by inserting `and
$7,500,000 for the period October 1, 1997, through March 31,
1998' after `1997'.
``(7) Woodrow wilson bridge.--Section 104(i)(1) of title
23, United States Code, is amended by inserting `and for the
period October 1, 1997, through March 31, 1998' after `1997'.
``(8) Off-system bridges.--Section 144(g)(3) of title 23,
United States Code, is amended by inserting `and in the
period October 1, 1997, through March 31, 1998' after `1997'
''.
(b) 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) by inserting ``and $95,500,000 for
the period October 1, 1997, through March 31, 1998'' before
the period;
(2) in subparagraph (B)--
(A) by striking ``and'' following ``1995,''; and
(B) by inserting ``and $86,000,000 for the period October
1, 1997, through March 31, 1998'' before the period;
(3) in subparagraph (C)--
(A) by striking ``and'' following ``1995,''; and
(B) by inserting ``, and $42,000,000 for the period October
1, 1997, through March 31, 1998'' before the period.
(c) Certain Allocated Programs.--
(1) Highway use tax evasion.--Section 1040(f)(1) of the
Intermodal Surface Transportation Efficiency Act of 1991 (105
Stat 1992-1993) is amended by inserting ``and $2,500,000 for
the period October 1, 1997, through March 31, 1998'' before
the period at the end of the first sentence.
(2) Scenic byways program.--Section 1047(d) of the
Intermodal Surface Transportation Efficiency Act of 1991 (105
Stat. 1998) is amended--
(A) by striking ``and'' following ``1994,''; and
(B) by inserting ``, and $7,000,000 for the period October
1, 1997, through March 31, 1998'' before the period at the
end of the first sentence.
(3) Ferry boat construction.--Section 1064(c) of the
Intermodal Surface Transportation Efficiency Act of 1991 (105
Stat. 2005) is amended--
(A) by striking ``and'' following ``1996,''; and
(B) by inserting ``, and $9,000,000 for the period October
1, 1997, through March 31, 1998'' after ``1997''.
(d) Fiscal Year 1998 Obligation Limitation.--
(1) Amendments to istea.--Section 1002 of the Intermodal
Surface Transportation Efficiency Act of 1991 (105 Stat.
1916-1918) is amended--
(A) in subsection (a)--
(i) by striking ``and'' at the end of paragraph (5);
(ii) by striking the period at the end of paragraph (6) and
inserting ``; and''; and
(iii) by inserting after paragraph (6) the following:
``(7) $21,500,000,000 for fiscal year 1998.''; and
(B) by adding at the end the following:
``(i) Special Rule for Fiscal Year 1998.--The Secretary
shall distribute on October 1, 1997, 50 percent of the
limitation on obligations for Federal-aid highways and
highway safety construction programs imposed by the
Department of Transportation and Related Agencies
Appropriations Act, 1998, and 50 percent of such limitation
on July 1, 1998.''.
(2) Limitation.--Nothing in this section (including the
amendments made by this section) shall apply to any funds
made available before October 1, 1997, for carrying out
sections 125 and 157 of title 23, United States Code, and
sections 1103 through 1108 of the Intermodal Surface
Transportation Efficiency Act of 1991.
SEC. 3. EXTENSION OF HIGHWAY SAFETY PROGRAMS.
(a) NHSTA Highway Safety Programs.--Section 2005(1) of the
Intermodal Surface Transportation Efficiency Act of 1991 (105
Stat. 2079) is amended by inserting ``and $83,000,000 for the
period October 1, 1997, through March 31, 1998'' before the
period at the end.
(b) Alcohol-Impaired Driving Countermeasures.--Section 410
of title 23, United States Code, is amended--
(1) in subsection (c) by striking ``5'' and inserting
``6'';
(2) in subsection (c)(3) by striking ``and fifth'' and
inserting ``fifth, and sixth'';
(3) in subsection (d)(2)(B) by striking ``two'' and
inserting ``3''; and
(4) in subsection (j) by inserting ``and $12,500,000 for
the period October 1, 1997, through March 31, 1998'' after
``1997''.
(c) National Driver Register.--Section 30308(a) of title
49, United States Code, is amended--
(1) by striking ``and'' following ``1994,''; and
(2) by inserting ``, and $1,855,000 for the period October
1, 1997, through March 31, 1998'' after ``1996''.
(d) Obligation Limitation.--The total of all obligations
for highway traffic safety grants under section 402 and 410
of title 23, United States Code, for fiscal year 1998 shall
not exceed $186,500,000.
SEC. 4. FEDERAL TRANSIT PROGRAMS.
(a) Extension.--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 OCTOBER 1, 1997, THROUGH MARCH 31, 1998.
``(a) Allocating Amounts.--Section 5309(m) of title 49,
United States Code, is amended by inserting `and for the
period October 1, 1997, through March 31, 1998' after `1997'.
``(b) Apportionment of Appropriations for Fixed Guideway
Modernization.--Section 5337(a) of title 49, United States
Code, is amended by inserting `and for the period October 1,
1997, through March 31, 1998' after `1997'.
``(c) Authorizations.--Section 5338 of title 49, United
States Code, is amended--
``(1) by adding at the end of subsection (a)(1) the
following:
`(F) $1,284,792,000 for the period October 1, 1997, through
March 31, 1998.';
``(2) by adding at the end of subsection (a)(2) the
following:
`(F) $213,869,000 for the period October 1, 1997, through
March 31, 1998.';
``(3) by adding at the end of subsection (b)(1) the
following:
`(F) $1,162,708,000 for the period October 1, 1997, through
March 31, 1998.';
``(4) in subsection (c) by inserting `and not more than
$1,500,000 for the period October 1, 1997, through March 31,
1998' after `1997,';
``(5) 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 October 1, 1997, through
March 31, 1998' after `1997,';
``(6) in subsection (h)(3) by inserting `$3,000,000 is
available for section 5317 for the period October 1, 1997,
through March 31, 1998' after `1997';
``(7) in subsection (j)(5)--
``(A) by striking `and' at the end of subparagraph (B);
``(B) by striking the period at the end of subparagraph (C)
and inserting `; and'; and
``(C) by adding at the end the following:
`(D) the lesser of $1,500,000 or an amount the Secretary
determines is necessary is available for the period October
1, 1997, through March 31, 1998.';
``(8) in subsection (k) by striking `or (e)' and inserting
`(e), or (m)'; and
``(9) by adding at the end the following:
`(m) Section 5316 for the Period 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 October 1, 1997, through March 31,
1998:
`(1) $125,000 to carry out section 5316(a) of this title;
`(2) $1,500,000 to carry out section 5316(b) of this title;
`(3) $500,000 to carry out section 5316(c) of this title;
`(4) $500,000 to carry out section 5316(d) of this title;
and
`(5) $500,000 to carry out section 5316(e) of this title.'
''.
(b) Obligation Limitations.--
(1) Discretionary grants and loans.--The total of all
obligations from the Mass Transit Account of the Highway
Trust Fund for carrying out section 5309 of title 49, United
States Code, relating to discretionary grants and loans, for
fiscal year 1998 shall not exceed $2,000,000,000.
(2) Formula transit programs.--The total of all obligations
for formula transit programs under sections 5307, 5310(a)(2),
5311, and 5336 of title 49, United States Code, for fiscal
year 1998 shall not exceed $2,210,000,000.
SEC. 5. MOTOR CARRIER SAFETY PROGRAM.
(a) Extension.--Section 4002 of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 2140-2144)
is amended by adding at the end the following:
``(m) Extension of Motor Carrier Safety Assistance Program
for Period October 1, 1997, Through March 1, 1998.--Section
31104(a) of title 49, United States Code, is amended by
adding at the end the following:
`(6) not more than $45,000,000 for the period October 1,
1997, through March 31, 1998.' ''.
(b) Obligation Limitation.--The total of all obligations
for carrying out the motor carrier safety program under
section 31102 title 49, United States Code, for fiscal year
1998 shall not exceed $85,325,000.
SEC. 6. EXTENSION OF RESEARCH PROGRAMS.
(a) Bureau of Transportation Statistics.--Section 6006 of
the Intermodal Surface
[[Page H8287]]
Transportation Efficiency Act of 1991 (105 Stat. 2172-2174)
is amended--
(1) by inserting ``(a) In General.--'' before ``Chapter
I''; and
(2) in subsection (b)--
(A) by striking ``and'' following ``1996,'';
(B) by inserting ``, and $12,500,000 for the period October
1, 1997, through March 31, 1998'' after ``1997''.
(b) Intelligent Transportation System.--Section 6058(b) of
the Intermodal Surface Transportation Efficiency Act of 1991
(105 Stat. 2194) is amended by inserting ``and $56,500,000
for the period October 1, 1997, through March 31, 1998''
after ``1997''.
SEC. 7. FINAL ASSEMBLY OF BUSES.
In applying the requirements of section 5323(j) of title
49, United States Code, to buses purchased using funds made
available by this Act, the Secretary shall require that the
final assembly of such buses be conducted in the United
States, including, at a minimum, the installation and
interconnection of the engine, transmission, and axles,
including the cooling and braking systems; the installation
and interconnection of the heating and air conditioning
equipment; the installation of pneumatic and electrical
systems, door systems, passenger seats, passenger grab rails,
destination signs, and wheelchari lifts; and road testing,
final inspection repairs, and preparation of the vehicles for
delivery.
Amendment in the Nature of a Substitute Offered by Mr. Shuster
The SPEAKER pro tempore. Without objection, the reading of the
amendment will be dispensed.
There was no objection.
The text of the amendment in the nature of a substitute is as
follows:
Amendment in the nature of a substitute offered by Mr.
Shuster:
Strike all after the enacting clause and insert the
following:
SECTION 1. STATEMENT OF PURPOSE.
This Act makes funds available for the Federal-aid highway,
highway safety, motor carrier safety, and mass transportation
programs for the first 6 months of fiscal year 1998 by
extending the Intermodal Surface Transportation Efficiency
Act of 1991 to ensure the continuation of such programs while
a multiyear reauthorization is developed. This extension is
structured to allow programmatic, apportionment formula, and
funding adjustments for the second 6 months of fiscal year
1998 through enactment of a multiyear program.
SEC. 2. EXTENSION OF FEDERAL-AID HIGHWAY PROGRAM FUNDING.
(a) In General.--Section 1003 of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 1918-1922)
is amended by adding at the end the following:
``(d) Federal-Aid Highways for the Period October 1, 1997,
Through March 31, 1998.--
``(1) In general.--For Federal-aid highways and highway
safety construction programs, $11,942,375,000 are authorized
to be appropriated out of the Highway Trust Fund (other than
the Mass Transit Account) during the period October 1, 1997,
through March 31, 1998, and shall be distributed in
accordance with this subsection.
``(2) Certain discretionary programs.--Of the amounts made
available by paragraph (1), the Secretary shall deduct
$32,500,000 to carry out section 118(c)(2) of title 23,
United States Code, for the period October 1, 1997, through
March 31, 1998, and shall deduct $30,250,000 to carry out the
discretionary program under paragraphs (1) and (2) of section
144(g) of such title during such period.
``(3) State allocation percentages.--From amounts remaining
after making the deductions under paragraph (2) and
application of paragraphs (4) and (5), the Secretary shall
determine the amount to be apportioned among the States in
accordance with the following table:
``State: Percentage:
Alabama..........................................................2.0026
Alaska...........................................................1.0499
Arizona..........................................................1.4627
Arkansas.........................................................1.5268
California.......................................................8.9046
Colorado.........................................................1.0443
Connecticut......................................................1.9229
Delaware.........................................................0.4057
District of Columbia.............................................0.4436
Florida..........................................................4.4867
Georgia..........................................................3.2899
Hawaii...........................................................0.6435
Idaho............................................................0.6314
Illinois.........................................................3.6779
Indiana..........................................................2.4581
Iowa.............................................................1.1364
Kansas...........................................................1.1383
Kentucky.........................................................1.6617
Louisiana........................................................1.4831
Maine............................................................0.6458
Maryland.........................................................1.4512
Massachusetts....................................................3.5632
Michigan.........................................................3.0432
Minnesota........................................................1.4547
Mississippi......................................................1.1286
Missouri.........................................................2.2677
Montana..........................................................0.7857
Nebraska.........................................................0.7501
Nevada...........................................................0.6218
New Hampshire....................................................0.4764
New Jersey.......................................................2.6851
New Mexico.......................................................0.8767
New York.........................................................5.7882
North Carolina...................................................2.7408
North Dakota.....................................................0.5972
Ohio.............................................................3.4702
Oklahoma.........................................................1.5021
Oregon...........................................................1.1378
Pennsylvania.....................................................4.5007
Rhode Island.....................................................0.4708
South Carolina...................................................1.6019
South Dakota.....................................................0.5990
Tennessee........................................................2.0954
Texas............................................................6.9197
Utah.............................................................0.6672
Vermont..........................................................0.4287
Virginia.........................................................2.4440
Washington.......................................................1.7603
West Virginia....................................................1.1088
Wisconsin........................................................2.0159
Wyoming..........................................................0.5999
Puerto Rico.....................................................0.4312.
``(4) State programmatic distribution.--
``(A) In general.--Of the funds to be apportioned to each
State under paragraph (3), the Secretary shall ensure that
the State is apportioned an amount of such funds, determined
under subparagraph (B), 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 such title, the donor
State bonus under section 1013(c) of the Intermodal
Surface Transportation Efficiency Act of 1991, hold
harmless under section 1015(a) of such Act, 90 percent of
payments adjustments under section 1015(b) of such Act,
metropolitan planning under section 134 of such title,
section 1015(c) of such Act, an amount equal to the funds
provided under sections 1103 through 1108 of such Act, and
funding restoration under section 202 of the National
Highway System Designation Act of 1995.
``(B) Formula.--The amount which each State is to be
apportioned under this subsection for each item referred to
in subparagraph (A) shall be in the same ratio that each
State was apportioned funds for such item or allocated funds
under sections 1103 through 1108 of the Intermodal Surface
Transportation Efficiency Act of 1991 to the total of all
such funds apportioned, and allocated under such sections, to
such State for such items for fiscal year 1997.
``(C) Minimum allocation.--Not more than $319,500,000 of
the funds apportioned to States by this subsection for
minimum allocation shall not be subject to any obligation
limitation.
``(D) Special rule.--Amounts apportioned to a State by this
subsection attributable to sections 1103 through 1108 of the
Intermodal Surface Transportation Efficiency Act of 1991
shall be available to such State for projects eligible for
assistance under chapter 1 of title 23, United States Code.
``(E) Administration.--Funds authorized by this subsection
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.
``(5) General operating expenses and other deductions.--
``(A) General operating expenses.--After making the
determinations and before apportioning funds under paragraphs
(3) and (4), the Secretary shall deduct the amount that would
be required to be deducted under section 104(a) of title 23,
United States Code, from the aggregate of amounts to be
apportioned to all States for programs to which the deduction
under such section would apply if such section applied to
such apportionment.
``(B) Territorial highways.--After making the
determinations and before apportioning funds under paragraphs
(3) and (4), the Secretary shall deduct the amount required
to be deducted pursuant to section 104(b)(1) of title 23,
United States Code, for the Virgin Islands, Guam, American
Samoa, and the Commonwealth of the Northern Mariana Islands
from the aggregate amounts to be apportioned to all States
for the National Highway System under this subsection.
``(6) National recreational trails program.--Section 104(h)
of title 23, United States Code, is amended by inserting `and
$7,500,000 for the period October 1, 1997, through March 31,
1998' after `1997'.
``(7) Woodrow wilson bridge.--Section 104(i)(1) of title
23, United States Code, is amended by inserting `and for the
period October 1, 1997, through March 31, 1998' after `1997'.
``(8) Off-system bridges.--Section 144(g)(3) of title 23,
United States Code, is amended by inserting `and in the
period October 1, 1997, through March 31, 1998' after
`1997'.''.
(b) 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) by inserting ``and $95,500,000 for
the period October 1, 1997, through March 31, 1998'' before
the period;
(2) in subparagraph (B)--
(A) by striking ``and'' following ``1995,''; and
(B) by inserting ``and $86,000,000 for the period October
1, 1997, through March 31, 1998'' before the period; and
(3) in subparagraph (C)--
(A) by striking ``and'' following ``1995,''; and
(B) by inserting ``, and $42,000,000 for the period October
1, 1997, through March 31, 1998'' before the period.
(c) Certain Allocated Programs.--
(1) Highway use tax evasion.--Section 1040(f)(1) of the
Intermodal Surface Transportation Efficiency Act of 1991 (105
Stat 1992-1993) is amended by inserting ``and $2,500,000 for
the period October 1, 1997, through March 31, 1998'' before
the period at the end of the first sentence.
(2) Scenic byways program.--Section 1047(d) of the
Intermodal Surface Transportation Efficiency Act of 1991 (105
Stat. 1998) is amended--
[[Page H8288]]
(A) by striking ``and'' following ``1994,''; and
(B) by inserting ``, and $7,000,000 for the period October
1, 1997, through March 31, 1998'' before the period at the
end of the first sentence.
(3) Ferry boat construction.--Section 1064(c) of the
Intermodal Surface Transportation Efficiency Act of 1991 (105
Stat. 2005) is amended--
(A) by striking ``and'' following ``1996,''; and
(B) by inserting ``, and $9,000,000 for the period October
1, 1997, through March 31, 1998'' after ``1997''.
(d) Fiscal Year 1998 Obligation Limitation.--
(1) Amendments to istea.--Section 1002 of the Intermodal
Surface Transportation Efficiency Act of 1991 (105 Stat.
1916-1918) is amended--
(A) in subsection (a)--
(i) by striking ``and'' at the end of paragraph (5);
(ii) by striking the period at the end of paragraph (6) and
inserting ``; and''; and
(iii) by inserting after paragraph (6) the following:
``(7) $21,500,000,000 for fiscal year 1998.''; and
(B) by adding at the end the following:
``(i) Special Rule for Fiscal Year 1998.--The Secretary
shall distribute on October 1, 1997, 50 percent of the
limitation on obligations for Federal-aid highways and
highway safety construction programs imposed by the
Department of Transportation and Related Agencies
Appropriations Act, 1998, and 50 percent of such limitation
on July 1, 1998.''.
(2) Limitation.--Nothing in this section (including the
amendments made by this section) shall apply to any funds
made available before October 1, 1997, for carrying out
sections 125 and 157 of title 23, United States Code, and
sections 1103 through 1108 of the Intermodal Surface
Transportation Efficiency Act of 1991.
SEC. 3. 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 by inserting ``and $83,000,000 for the
period October 1, 1997, through March 31, 1998'' before the
period at the end.
(b) Alcohol-Impaired Driving Countermeasures.--Section 410
of title 23, United States Code, is amended--
(1) in subsection (c) by striking ``5'' and inserting
``6'';
(2) in subsection (c)(3) by striking ``and fifth'' and
inserting ``fifth, and sixth'';
(3) in subsection (d)(2)(B) by striking ``two'' and
inserting ``3''; and
(4) in subsection (j)--
(A) by striking ``and'' following ``1997,''; and
(B) by inserting ``and $12,500,000 for the period October
1, 1997, through March 31, 1998'' after ``1997'' the second
place it appears.
(c) National Driver Register.--Section 30308(a) of title
49, United States Code, is amended--
(1) by striking ``and'' following ``1994,''; and
(2) by inserting ``, and $1,855,000 for the period October
1, 1997, through March 31, 1998'' after ``1996''.
(d) Obligation Limitation.--The total of all obligations
for highway traffic safety grants under sections 402 and 410
of title 23, United States Code, for fiscal year 1998 shall
not exceed $186,500,000.
SEC. 4. FEDERAL TRANSIT PROGRAMS.
(a) Extension.--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 OCTOBER 1, 1997, THROUGH MARCH 31, 1998.
``(a) Allocating Amounts.--Section 5309(m) of title 49,
United States Code, is amended by inserting `and for the
period 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
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 which 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) by adding at the end of subsection (a)(1) the
following:
`` `(F) $1,284,792,000 for the period October 1, 1997,
through March 31, 1998.';
``(2) by adding at the end of subsection (a)(2) the
following:
`` `(F) $213,869,000 for the period October 1, 1997,
through March 31, 1998.';
``(3) by adding at the end of subsection (b)(1) the
following:
`` `(F) $1,162,708,000 for the period October 1, 1997,
through March 31, 1998.';
``(4) in subsection (c) by inserting `and not more than
$1,500,000 for the period October 1, 1997, through March 31,
1998' after `1997,';
``(5) 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 October 1, 1997, through
March 31, 1998' after `1997,';
``(6) in subsection (h)(3) by inserting `$3,000,000 is
available for section 5317 for the period October 1, 1997,
through March 31, 1998' after `1997';
``(7) in subsection (j)(5)--
``(A) by striking `and' at the end of subparagraph (B);
``(B) by striking the period at the end of subparagraph (C)
and inserting `; and'; and
``(C) by adding at the end the following:
`` `(D) the lesser of $1,500,000 or an amount the Secretary
determines is necessary is available for the period October
1, 1997, through March 31, 1998.';
``(8) in subsection (k) by striking `or (e)' and inserting
`(e), or (m)'; and
``(9) by adding at the end the following:
`` `(m) Section 5316 for the Period 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 October 1, 1997, through March
31, 1998:
`` `(1) $125,000 to carry out section 5316(a) of this
title;
`` `(2) $1,500,000 to carry out section 5316(b) of this
title;
`` `(3) $500,000 to carry out section 5316(c) of this
title;
`` `(4) $500,000 to carry out section 5316(d) of this
title; and
`` `(5) $500,000 to carry out section 5316(e) of this
title.' ''.
(b) Obligation Limitations.--
(1) Discretionary grants and loans.--The total of all
obligations from the Mass Transit Account of the Highway
Trust Fund for carrying out section 5309 of title 49, United
States Code, relating to discretionary grants and loans, for
fiscal year 1998 shall not exceed $2,000,000,000.
(2) Formula transit programs.--The total of all obligations
for formula transit programs under sections 5307, 5310, 5311,
and 5336 of title 49, United States Code, for fiscal year
1998 shall not exceed $2,210,000,000.
SEC. 5. MOTOR CARRIER SAFETY PROGRAM.
(a) Extension of Motor Carrier Safety Assistance Program
for Period October 1, 1997, Through March 1, 1998.--Section
31104(a) of title 49, United States Code, is amended by
adding at the end the following:
``(6) not more than $45,000,000 for the period October 1,
1997, through March 31, 1998.''.
(b) Obligation Limitation.--The total of all obligations
for carrying out the motor carrier safety program under
section 31102 title 49, United States Code, for fiscal year
1998 shall not exceed $85,325,000.
SEC. 6. EXTENSION OF RESEARCH PROGRAMS.
(a) Bureau of Transportation Statistics.--Section 6006 of
the Intermodal Surface Transportation Efficiency Act of 1991
(105 Stat. 2172-2174) is amended--
(1) by inserting ``(a) In General.--'' before ``Chapter
I''; and
(2) in subsection (b)--
(A) by striking ``and'' following ``1996,'';
(B) by inserting ``, and $12,500,000 for the period October
1, 1997, through March 31, 1998'' after ``1997''.
(b) Intelligent Transportation System.--Section 6058(b) of
the Intermodal Surface Transportation Efficiency Act of 1991
(105 Stat. 2194) is amended by inserting ``and $56,500,000
for the period October 1, 1997, through March 31, 1998''
after ``1997''.
SEC. 7. 1-YEAR EXTENSION OF HIGHWAY TRUST FUND EXPENDITURES.
(a) General Expenditure Authority and Purposes.--Paragraph
(1) of section 9503(c) of the Internal Revenue Code of 1986
is amended--
(1) by striking ``October 1, 1997'' and inserting ``October
1, 1998'', and
(2) 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) Transfers to Other Accounts.--
(1) Paragraphs (4)(A)(i) and (5)(A) of section 9503(c), and
paragraph (3) of section 9503(e), of such Code are each
amended by striking ``October 1, 1997'' and inserting
``October 1, 1998''.
(2) Subparagraph (E) of section 9503(c)(6) of such Code is
amended by striking ``September 30, 1997'' and inserting
``September 30, 1998''.
(c) Mass Transit Account.--Paragraph (3) of section 9503(e)
of such Code is amended--
(1) by striking ``October 1, 1997'' and inserting ``October
1, 1998'', and
(2) by striking all that follows ``the enactment of'' and
inserting ``the last sentence of subsection (c)(1).''
(d) Effective Date.--The amendments made by this section
shall take effect on October 1, 1997.
The SPEAKER pro tempore. Is there objection to the basic request of
the gentleman from Pennsylvania?
Mr. OBERSTAR. Madam Speaker, reserving the right to object, I do so
for the purpose of simply stating that it is my understanding that the
bill before us will extend the programs authorized under ISTEA for 6
months, without substantive changes, at exactly one-half the amount
provided in the budget resolution for fiscal year 1998 and under a
distribution formula which is the exact same percentage that the States
received in fiscal year 1997.
[[Page H8289]]
Is that the understanding of the Chairman?
Mr. SHUSTER. Madam Speaker, will the gentleman yield?
Mr. OBERSTAR. Further reserving the right to object, I yield to the
gentleman from Pennsylvania.
(Mr. SHUSTER asked and was given permission to revise and extend his
remarks and include extraneous material.)
Mr. SHUSTER. That is my understanding.
Madam Speaker, I would like to express my appreciation to the
gentleman from Texas, chairman of the Committee on Ways and Means, for
his cooperation in allowing this bill to be brought up in an
expeditious manner.
H.R. 2516 is an extension of the current ISTEA programs for the 6-
month period October 1, 1997, through March 31, 1998.
I would first like to briefly explain how the bill works.
explanation of the bill
The bill provides one-half of the funding allocation for surface
transportation programs in the fiscal year 1998 budget resolution and
authorizes those programs for 6 months of the fiscal year.
The bill is intended to fully comply with the budget resolution.
For the Highway Program, H.R. 2516 apportions these funds to the
States according to the fiscal year 1997 final funding percentages in
ISTEA.
The bill then directs that the funds distributed to each State be
divided between the existing ISTEA Program categories in the same
proportion as 1997.
Choosing the 1997 funding distribution while maintaining the fiscal
year 1997 proportional ISTEA Program distribution is a balanced
approach which will help ensure that States can continue to fund
projects.
For donor States that are concerned about extending the ISTEA
formulas, fiscal year 1997 was the most favorable funding year in ISTEA
for donor States because of the 90 percent of payments program.
The bill also continues all allocated programs which are continued in
BESTEA at 50 percent of their fiscal year 1997 funding levels.
The transit, safety and motor carrier programs are similarly
continued by extending fiscal year 1997 authorizations for 6 months at
one-half the fiscal year 1997 amounts.
why we are offering this bill
It is with great reluctance that we are acting on this 6-month
extension.
As I have outlined, extending ISTEA for any period of time is not the
preferred course of action for the committee.
Our strongly desired course was to bring up beset before the full
House for quick action.
However, this 6-month extension will provide States sufficient
funding to carry out their highway construction programs for most of
fiscal year 1998 so that we could obtain higher funding levels for
BESTEA in the budget resolution next spring.
This bill will provide significant relief to the States. H.R. 2516
provides $12.4 billion in highway funding, of which $11.5 billion is
distributed to the States. In addition, the States have nearly $10
billion in unobligated balances of funds apportioned in earlier years.
Together, the States will have approximately $21 billion in funds to
obligated during fiscal year 1998.
When the fiscal year 1998 transportation appropriations bill is
signed into law, States will be able to obligate these new fiscal year
1998 funds as well as unobligated balances. That bill should provide
about $21 billion in obligation authority.
We also anticipate quick action next spring on a multiyear
reauthorization. When enacted, that bill will provide additional
funding for fiscal year 1998 as well as beyond.
We have chosen 6 months because this is the maximum amount of funds
that could be distributed for a part of fiscal year 1998 and still
implement a formula change when the multiyear bill is passed later in
the year.
If more funding was distributed, then some States would receive
partial allocations that were larger than their full allocation for
fiscal year 1998 in BESTEA.
We are sympathetic to the concerns of Members, States, and industry
about a 6-month extension. However, it is the only way to ensure that
sufficient funding is received for the multiyear reauthorization bill
that we all want to pass.
We will continue to work with all parties to further refine this
legislation, or if possible, enact a multiyear bill this fall.
unanticipated change to mandatory baseline
An unanticipated consequence of this 6-month bill has been a change
to the 10-year baseline for minimum allocation.
H.R. 2516 provides that $319 million of minimum allocation is exempt
from the obligation limitation.
This amount is one-half of the fiscal year 1998 allocation of the
exempt baseline for minimum allocation be made exempt in this bill.
However, providing this number in H.R. 2516 has had the result of
freezing the baseline for minimum allocation at $640 million over the
next 10 years.
This occurs because the recent Budget Reconciliation Act changed the
baseline rules for programs that expire to eliminate adjustments for
inflation. This change was made without any discussion or consultation.
As this situation proves, this was not a mere technical change.
The minimum allocation program authorized in section 157 of title 23
provides that such sums as necessary be expended for minimum
allocation.
As a result, CBO has estimated that minimum allocation would grow
from $640 million in fiscal year 1998 to $800 million in 2007.
This anomalous scoring effect would reduce minimum allocation by a
total of $752 million over that period.
I had wanted to alter H.R. 2516 to prevent this reduction in the
minimum allocation baseline.
I have spoken with the Budget Committee about this problem and they
have assured me that the baseline for minimum allocation in the fiscal
year 1999 budget resolution will restore this inadvertent cut.
This issue is critically important for the Federal-Aid Highway
Program. Minimum allocations is the program which ensures that States
receive a fair share of funds from the highway trust fund. Any cut
would be devastating to the so-called donor States.
Madam Speaker, I insert in the Record an exchange of letters between
the gentleman from Texas [Mr. Archer] and myself concerning this
legislation.
The letters referred to follow:
Committee on Transportation and Infrastructure, Congress
of the United States, House of Representatives,
Washington, DC, September 26, 1997.
Hon. Bill Archer,
Chairman, Committee on Ways and Means, Longworth House Office
Building, Washington, DC.
Dear Bill: Thank you for your letter of September 26, 1997
regarding H.R. 2516, a bill to extend the Intermodal Surface
Transportation Efficiency Act of 1991 through March 31, 1998.
H.R. 2516 was marked-up by the Committee on Transportation
and Infrastructure on September 24, 1997 and reported to the
House on September 25, 1997. I intend to move this
legislation as expeditiously as possible to minimize any
disruption in the program while Congress crafts a multi-year
authorization bill next spring.
As described in your letter, the Committee on Ways and
Means generally has limited expenditures from the Highway
Trust Fund to certain purposes and time periods through
provisions in the Trust Fund Code. Your Committee believes
that this six month extension will require conforming
amendments to the Trust Fund Code to permit continued
expenditures. Your letter included a draft of the legislative
language required to be added to H.R. 2516 which would extend
the general expenditure authority from the Highway Trust Fund
through September 30, 1998 and modify the eligible purposes
for expenditures. Your proposal also makes similar changes to
the Aquatic Resources Trust Fund. With your concurrence, I
will add these provisions in an amendment to H.R. 2516 when
it is considered by the House.
Finally, I concur that the Committee on Ways and Means has
raised valid jurisdictional claims regarding the matters
raised in your letter and appreciate your Committee's
expedited consideration of these issues. I will place a copy
of this exchange of letters in the Congressional Record
during consideration of the bill. I want to thank you for
your cooperation and assistance on this issue of high
priority to my Committee.
With kindest personal regards, I remain
Sincerely,
Bud Shuster,
Chairman.
____
Committee on Ways and Means,
U.S. House of Representatives,
Washington, DC, September 26, 1997.
Hon. Bud Shuster,
Chairman, House Committee on Transportation and
Infrastructure, Rayburn House Office Building,
Washington, DC.
Dear Bud: I understand that on Thursday, September 25,
1997, the Committee on Transportation and Infrastructure
reported H.R. 2516, a bill to extend the Intermodal Surface
Transportation Efficiency Act of 1991 through March 31, 1998.
As you know, each trust fund in the Trust Fund Code
includes specific provisions within the jurisdiction of the
Committee on Ways and Means which limit purposes for which
trust fund monies may be spent. Statutorily, the Committee on
Ways and Means generally has limited expenditures by cross-
referencing provisions of authorizing legislation. Currently,
with respect to the Highway Trust Fund, the Trust Fund Code
provisions approve all expenditures out of the Highway Trust
Fund permitted under the highway authorization Acts of 1956,
1982, 1987, and 1991, but only as those Acts were in effect
on the date of enactment of the 1991 Act. Thus, an
[[Page H8290]]
Act not referenced in the Trust Fund Code must be approved by
the Committee on Ways and Means before the authorizations are
funded. Similarly, expenditures from the Highway Trust Fund
into the Boat Safety Account and the Sport Fish Restoration
Account in the Aquatic Resources Trust Fund require
conforming Trust Fund Code language.
I now understand that you are seeking to have the bill
considered by the House as early as next week. In addition, I
have been informed that your Committee will seek a Manager's
or Committee amendment to the bill which will include
language I am supplying (attached) to address the necessary
trust funds provisions. The amendment would extend through
September 30, 1998, the general expenditure authority and
purposes of the Highway Trust Fund contained in section
9503(c); extend, through September 30, 1998, authority to
make expenditures from the Highway Trust Fund to the Boat
Safety Account in the Aquatic Resources Trust Fund; and
extend through September 30, 1998, authority to make
expenditures from the Highway Trust Fund to the Sport Fish
Restoration Account in the Aquatic Resources Trust Fund
relating to small-engine fuels receipts.
Based on this understanding, and in order to expedite
consideration of this legislation, it will not be necessary
for the Committee on Ways and Mean to mark up this
legislation. This is being done with the further
understanding that the Committee will be treated without
prejudice as to its jurisdictional prerogatives on such or
similar provisions in the future, and it should not be
considered as precedent for consideration of matters of
jurisdictional interest to the Committee on Ways and Means in
the future.
Finally, I would appreciate your response to this letter,
confirming this understanding with respect to H.R. 2516, and
would ask that a copy of our exchange of letters on this
matter be placed in the Record during consideration of the
bill on the Floor. Thank you for your cooperation and
assistance on this matter.
With best personal regards,
Bill Archer,
Chairman.
Mr. BARCIA. Mr. Speaker, I must express grave concerns about this
measure in light of reports in yesterday's press. Assurances were made
to our chairman, Mr. Shuster, and our ranking member, Mr. Oberstar,
regarding the passage of this 6-month extension of ISTEA. They worked
tirelessly this year to put together a bill which met the Nation's
transportation needs. They withdrew it in favor of this temporary
alternative with assurances of an opportunity to address the
irresponsibly low transportation funding levels in the budget
agreement. It would appear that the leadership has already closed that
door.
I find your statements in yestersay's Congress Daily, Mr. Speaker, to
be deeply troubling. You were quite generous, during recent visits to
our State of Michigan, in pledging your support for more funding for
our deteriorating road system. Since that time, you have personally
intervened in stopping a bill which would have delivered a much needed
increase to our State, and yesterday, you reneged on your promise to
seek more transportation funding for the Nation.
Mr. Speaker, the people of Michigan sincerely want to believe your
promises, and I can think of one individual in particular who is most
interested in whether you will. Monday night our Governor, John Engler,
experienced what literally thousands of Michiganites experience every
week: his car blew a tire when it hit a pothole on Interstate 96. The
next time the Governor calls you, I don't think there will be any doubt
what he will be calling about.
Mr. Speaker, yesterday you expressed concern for returning money to
our citizens. If you want to return money to the people, Mr. Speaker,
free the highway trust fund to fix our broken roads. The gas taxes were
collected to fix roads, and it should be spent to fix roads, not to
offset spending on other programs. Let's keep our word to the American
people and use our transportation trust funds for transportation.
I thank Mr. Shuster and Mr. Oberstar for their efforts.
Mr. PETRI. Mr. Speaker, I want to express my support for this
shortterm extension of ISTEA. The bill serves many important purposes.
It allows States to continue to operate and manage their programs
without interruption in the new fiscal year. At the same time, it will
allow us to fully consider and make our case for increased
transportation investment during budget negotiations next year. We then
will be able to move the multiyear reauthorization bill, H.R. 2400,
that the committee has developed.
It is important to note that funds going to the States in this
extension are not based on ISTEA averages or some chart approved by
conferees 6 years ago. It is based on the year 1997--the best year for
donor States since that is the year that the equity program known as 90
percent of payments came into play and provided donor States a more
equitable return.
I know there may be some States or contractors who want the safety
and security of a long-term bill. Certainly we had hoped to provide
them with that and a 6-month extension is not the preferable course of
action. But, as my own State has told me, while we want a long-term
bill, we do not want a long-term bill at any cost. There may be some
uncertainty, but the potential payoff can be great.
If we were to authorize 6 years of transportation spending under the
budget agreement, the highway trust fund balance would soar to roughly
$80 billion. It is totally unacceptable for this Congress to continue
to collect taxes from American citizens at the gas pump and then not
spend those revenues for urgently needed transportation improvements.
Even under H.R. 2400, where we begin to more fully spend highway trust
fund revenues, the balance will grow to about $50 billion before
stabilizing. The committee will not move forward with legislation that
does not set us on a course of living up to the promise of the highway
trust fund made over 40 years ago that taxes imposed on the traveling
public would be used only for preserving and upgrading our Nation's
transportation system.
We need the time provided in this extension to review changing
economic conditions and spending and revenue projections in order to
set a realistic, responsible level of funding for transportation for
the future. H.R. 2516 allows the State programs to continue while we
pursue our goal of a multiyear reauthorization bill and higher funding
levels.
I urge the House to approve H.R. 2516.
The SPEAKER pro tempore. Without objection, the amendment is agreed
to.
There was no objection.
The bill was ordered to be engrossed and read a third time, was read
the third time, and passed, and a motion to reconsider was laid on the
table.
____________________