[Congressional Record Volume 143, Number 159 (Wednesday, November 12, 1997)]
[House]
[Pages H10633-H10638]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SURFACE TRANSPORTATION EXTENSION ACT OF 1997
Mr. SHUSTER. Mr. Speaker, I move to suspend the rules and pass the
Senate bill (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.
The Clerk read as follows:
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.
[[Page H10634]]
(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''.
[[Page H10635]]
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 January 26, 1998,
through January 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.';
[[Page H10636]]
``(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.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Pennsylvania [Mr. Shuster] and the gentleman from Minnesota [Mr.
Oberstar] each will control 20 minutes.
The Chair recognizes the gentleman from Pennsylvania [Mr. Shuster].
(Mr. SHUSTER asked and was given permission to revise and extend his
remarks.)
Mr. SHUSTER. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I am very pleased to report to the House that we have
concluded our negotiations with the Senate and indeed, essentially the
6-month extension of ISTEA, which passed this House unanimously, as a
fundamental basis upon which we now come back to the House with this
Senate bill, this compromise bill, which is a 6-month extension of
ISTEA, provides for approximately $10 billion in funding that is
available from the old ISTEA, plus $5.5 billion in new funds to be
distributed in such a fashion that each State will get approximately 50
percent of its 1997 obligational ceiling, which means that we do not
deal with the formula issue. That could well be a nuclear war that will
take place next spring, but that is fine. That is when it should take
place.
This bill is simply a short-term extension which follows the strong
view of the House, which is the long-term battle for the future funding
of transportation infrastructure in America is a battle that should be
fought within the context of the budget resolution next spring. So on a
bipartisan basis, we bring this before the body under suspension of the
rules and urge its passage.
S. 1519 represents a compromise between the House and the Senate
which is the result of difficult negotiations between the two bodies
over the past several days. Many hard decisions had to be made in order
to ensure that State programs will continue to operate until we can
resolve outstanding funding and policy issues after the budget debate
next year.
The bill provides $5.5 billion in new budget authority as advances to
States, equivalent to 3 months of funding. Funds are distributed in a
manner similar to the House bill, based on the fiscal year 1997
distribution of obligational authority.
All advances of new budget authority will be subtracted from each
State's ultimate distribution of funding for fiscal year 1998 in the
ISTEA reauthorization.
S. 1519 distributes $9.8 billion in obligation authority to the
States. Each State receives the higher of 50 percent of its fiscal year
1997 allotment of obligation authority or the total of its unobligated
balances--but only in an amount up to 75 percent of its 1997 obligation
authority.
This distribution was a concession on the part of the House, but I
would note that it is, in fact, the distribution that would have been
made by the Federal Highway Administration if no short-term extension
were enacted.
The bill imposes a hard deadline on obligations of May 1, 1998.
States may obligate Federal funds after that date only when a multi-
year reauthorization of surface transportation programs has been
enacted.
Because States will have to rely in part on unobligated balances,
States are given flexibility to transfer both unobligated funds and new
funds from any program category to another program category. However,
those funds are required to be paid back once a multi-year
reauthorization is enacted.
The bill ensures that a formula change effective for 1998 can be
implemented for new budget authority for all States and for obligation
authority for virtually all States.
Sufficient funding is provided for nearly a full year of Federal
Highway Administration operations, and allocated programs continued in
both the House and Senate reauthorization bills are funded at 50
percent of their 1997 levels.
For the transit program, S. 1519 includes provisions as in the House
bill providing funding at 50 percent of fiscal year 1997 levels.
Formula grant programs are funded at $1.3 billion and discretionary
grants are funded at $1.1 billion.
Safety programs and motor carrier safety programs are also funded as
in the House bill--with $83 million for the section 402 safety program,
$12 million for the Section 410 Drunk Driving Program, and $45 million
for motor carrier safety being provided.
I want to recognize the contributions of many groups who have worked
diligently toward passing this short term extension.
I particularly want to recognize the Governors--acting both
individually and under the auspices of the National Governors'
Association--who have played a critical role in our efforts to see a
meaningful ISTEA extension.
The Governors have also been prominent advocates for long-term
increases in Federal investment in surface transportation programs. NGA
passed a resolution this summer calling on Congress to enact
legislation that permanently provides that all dedicated transportation
user fees and and interest be distributed automatically and annually
without restriction.
The Governors also organized a coalition called TRUST,
``Transportation Revenues Used Solely for Transportation,'' made up of
State and local government officials, business groups and labor
organizations, to push for increased Federal investment in
transportation.
The fact that NGA and the National Conference of State Legislatures,
the U.S. Conference of Mayors, and the National League of Cities
continue to be so vocal on the subject of transportation dollars is a
testament to the importance of surface transportation to communities
across America as well as the responsibility State and local officials
feel to meet infrastructure needs.
I expect that these organizations will continue to be politically
energized on this subject as we revisit the program funding levels in
the 1998 budget resolution.
Finally, I want to commend my colleagues on the Transportation and
Infrastructure Committee--ranking Democrat Jim Oberstar, Tom Petri,
chairman of the Surface Transportation Subcommittee, and Nick Rahall
who is the ranking Democrat on the subcommittee.
The Transportation Committee has had a full year seeking to secure
adequate transportation resources, developing BESTEA--the Building
Efficient Surface Transportation and Equity Act--and now passing this
short term extension. And we have our work cut out for us next year as
we attempt to finalize a multi-year reauthorization that provides the
necessary resources to meet our transportation needs.
Our Senate counterparts, Senator John Chafee, Senator John Warner,
and Senator Max Baucus also deserve to be commended for their efforts
during these last days of the session to provide the tools necessary
for the
[[Page H10637]]
States to advance critical transportation projects until Congress
completes work on a long-term ISTEA reauthorization.
I urge the House to approve S. 1519.
Mr. Speaker, I reserve the balance of my time.
Mr. OBERSTAR. Mr. Speaker, I yield myself such time as I may consume.
The gentleman from Pennsylvania [Mr. Shuster] and I are of one mind
and of one accord on this legislation, as are the chairman of the
subcommittee, the gentleman from Wisconsin [Mr. Petri], and the ranking
Democrat on our side, the gentleman from West Virginia [Mr. Rahall],
whom I commend for their unflagging commitment to ensuring that our
Nation's surface transportation programs continue with the least
possible disruption.
In a spirit of compromise, I think we have shown remarkable
creativity and flexibility in working with our colleagues across the
way in the other body in crafting an interim measure that will ensure
that the States' critical surface transportation projects, highway,
motor carrier safety, transit capital needs, transportation research
programs, can continue unabated until we deal with the permanent law
next spring. We have had a very good discussion with Senators Chafee,
Baucus, Warner, and Bond, and I commend them for their cooperation in
working with us in a constructive fashion to come up with a product
that has been the result of extensive and even difficult negotiations.
The key is that we produced a compromise that recognizes that
adjourning for the year without a stopgap measure would be an
abdication of our responsibility to the Nation. I just want to
emphasize for all of our colleagues and all of those who may be
listening that this body acted responsibly.
This committee, under the leadership of our chairman, the gentleman
from Pennsylvania [Mr. Shuster] moved legislation in proper time to
deal with the Nation's transportation needs. We moved the 6-month
extension bill well ahead of the other body. We were willing to work
with them to draft what we thought was an answer, in a neutral fashion,
for the need to move ahead with the Nation's transportation funding,
but on an interim basis until we come back next spring to deal with the
6-year bill.
Clearly, this is a compromise. It includes the important elements
that we need to ensure that critical construction, capital acquisition
and safety programs continue. The bill allows States unlimited
flexibility to use their unobligated balances according to their most
pressing needs. I want to emphasize that this flexibility is only
temporary, that any transferred funds, any funds moved out of one
category into another, will be repaid in full to their original
categories.
I also want to emphasize that this bill is only half of what we
provided in the House bill. I want to make it abundantly clear that
this is only an interim measure. In no way should anyone consider that
this prejudges the ultimate multiyear reauthorization of surface
transportation programs which we will take up in due course next year.
The distribution of funding and the obligational authority in this bill
cannot be construed in any way to constitute a statement by Congress
about the funding formulas that we will consider next year, or that in
any way it would constitute a precedent for next year's
reauthorization.
The bill fully preserves our ability to adjust the distribution of
remaining fiscal year 1998 funds, ensuring that States will receive
their full and their equitable shares. It should not be construed in
any way to indicate which existing programs will or will not continue,
nor at what funding levels they will continue. This is simply a short-
term measure to tide these programs and projects over while we continue
to develop the fully funded multiyear bill.
I just want to remind our colleagues, this is not the time to launch
into a full-scale reauthorization of the surface transportation
programs. We have crafted a bill on which we are in agreement and which
we will bring forward at the appropriate time next year. We do good
work in our committee. This is an interim step toward completing that
good work.
I want to extend my congratulations to our chairman, the gentleman
from Pennsylvania [Mr. Shuster], for his leadership in moving this
legislation along, and had this body been of good mind and good spirit
48 hours ago, this would have been done. However, we do all good things
in due course.
Again, I congratulate our chairman and thank him for his splendid
cooperation.
Mr. SHUSTER. Mr. Speaker, I certainly want to thank my good friend
from Minnesota [Mr. Oberstar] for the leadership he has provided to
make this a bipartisan legislation.
Mr. RAHALL. Mr. Speaker, I rise as the ranking Democrat on the
bipartisan Subcommittee on Surface Transportation, which is ably
chaired by the distinguished gentleman from Wisconsin Tom Petri.
In conjunction with our full committee chairman Bud Shuster and
ranking member Jim Oberstar, we are now in the position to consider the
pending measure.
This bill provides the States with some ability to continue to
obligate federal highway funds until Congress reauthorizes the federal
aid to highway program which expired on September 30th.
Since that time, no new contract authority associated with federal
highway dollars has been available to the States.
Under this legislation, which represents a compromise with the
Senate, $5.5 billion in new contract authority would be provided to the
States.
This amount, coupled with the unobligated balances associated with
prior year contract authority currently in existence, provides the
States with $9.8 billion in federal highway fund obligational authority
subject to a May 1, 1988, expiration.
This legislation should be viewed as an interim measure made
necessary because Congress did not enact a long-term highway bill this
session.
The reasons for incomplete action on the long-term bill are varied.
For our part, the simple fact of the matter is that the bipartisan
leadership of the House Committee on Transportation and Infrastructure
intends to keep faith with the American motorist and with our
responsibilities to address a crumbling transportation infrastructure
in this country.
We do not believe that motor fuel taxes paid by the American people,
which are deposited in the Highway Trust Fund for the express purpose
of making transportation improvements, should then sit idle in that
Trust Fund and be held hostage to the whims of the budgeteers.
Earlier this year, a grave injustice was done to transportation when
the Administration and the Republican leadership of the Congress agreed
upon a 5-year budget plan.
Simply put, highway spending was not sufficiently provided for
placing us in a situation where the surplus in the Highway Trust Fund
will continue to grow while highway construction needs remain unmet.
We on the Transportation and Infrastructure Committee feel compelled
to fashion a long-term reauthorization of the existing highway law,
ISTEA, that provides highway spending levels which more closely track
receipts into the Highway Trust Fund.
Because this was not possible this year, we are moving forward with a
short-term bill so that we may seek more justice in highway spending
next year when the Congress will once again consider a budget
resolution.
With that, I urge the adoption of the pending measure.
Mr. PETRI. Mr. Speaker, I am pleased that the House is considering
this important piece of legislation before it adjourns for the year.
This bill will ensure that key surface transportation programs,
including the highway, transit, and highway safety programs, continue
to receive funding while a multi-year reauthorization is being crafted
by the Congress.
At one point in time this fall, it appeared that there was a good
chance that the other body would not even consider an extension.
Fortunately, upon further reflection, they reached the same
conclusion that we had reached--that it just isn't good transportation
policy to allow these programs to wither on the vine or to allow the
Federal Highway Administration to shut down due to lack of funds.
I want to comment briefly on the formula for distributing highway
funds.
This bill distributes $9.7 billion in obligation limitation to the
States based primarily on the level of unobligated balances each state
had at the beginning of the year. This is the distribution method
insisted upon by the Senate.
This method is generally less favorable to the ``Donor'' states than
the method included in BESTEA--the bill considered by my subcommittee
in September--and the short term extension passed by the House on
October 1.
In fact, 21 ``Donor'' States receive a lower percentage than they did
under the House passed bill. Many of these States receive a trust fund
return on their obligation authority that is below 80 percent. The
House accepted this method of distributing the obligation limitation in
return for several concessions on the
[[Page H10638]]
part of the Senate that we considered important in helping us proceed
with the longer term bill next year--including preserving the budget
baseline and providing additional contract authority to the States so
that they would not be dependent exclusively on balances of unobligated
funds.
I hope this serves as a forewarning to the ``Donor'' States that they
need to be vigilant as we continue to develop a final formula for a
multi-year bill.
Chairman Shuster and I remain committed to modernizing the ISTEA
formulas. Current formulas clearly are indefensible and have the
perverse effect of reducing overall support for a strong Federal
highway program. I urge the House to approve S. 1519.
Mr. SHUSTER. Mr. Speaker, I have no further requests for time, and if
the gentleman is prepared to yield back his time, I will do the same.
Mr. OBERSTAR. Mr. Speaker, I have no further requests for time, and I
yield back the balance of my time.
Mr. SHUSTER. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Pennsylvania [Mr. Shuster] that the House suspend the
rules and pass the Senate bill, S. 1519.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the Senate bill was passed.
A motion to reconsider was laid on the table.
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