[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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