“INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT EXTENSION” published by the Congressional Record on Oct. 1, 1997

“INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT EXTENSION” published by the Congressional Record on Oct. 1, 1997

Volume 143, No. 134 covering the 1st Session of the 105th Congress (1997 - 1998) was published by the Congressional Record.

The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.

“INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT EXTENSION” mentioning the U.S. Dept. of Transportation was published in the House of Representatives section on pages H8285-H8290 on Oct. 1, 1997.

The publication is reproduced in full below:

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.

``(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 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--

(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.

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 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.

____________________

SOURCE: Congressional Record Vol. 143, No. 134

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