[House Report 111-546]
[From the U.S. Government Publishing Office]
111th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 111-546
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SURFACE TRANSPORTATION SAVINGS ACT OF 2010
_______
July 15, 2010.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Oberstar, from the Committee on Transportation and Infrastructure,
submitted the following
R E P O R T
together with
ADDITIONAL VIEWS
[To accompany H.R. 5604]
[Including cost estimate of the Congressional Budget Office]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 5604) to rescind amounts authorized
for certain surface transportation programs, having considered
the same, report favorably thereon without amendment and
recommend that the bill do pass.
PURPOSE OF THE LEGISLATION
H.R. 5604, the ``Surface Transportation Savings Act of
2010'', rescinds $106.8 million of contract authority from the
National Highway Traffic Safety Administration (NHTSA) and the
Federal Transit Administration (FTA). Any savings achieved from
this legislation will reduce the Nation's budget deficit.
BACKGROUND AND NEED FOR LEGISLATION
H.R. 5604 rescinds $106.8 million of excess contract
authority that was designated for programs within NHTSA and FTA
that cannot be utilized by the agencies. H.R. 5604 rescinds
excess contract authority from NHTSA's safety belt performance
grants, administrative expenses, National Driver Register, and
research and development programs and FTA's formula and bus
grant programs. These programs received contract authority in
the Hiring Incentives to Restore Employment Act (HIRE Act)
(P.L. 111-147) at levels greater than the funding levels
provided to these programs under the Transportation, Housing
and Urban Development, and Related Agencies Appropriations Act,
2010 (division A of P.L. 111-117). The HIRE Act extends the
highway, highway safety, and public transit programs through
December 31, 2010, and provides contract authority for these
programs for fiscal year (FY) 2010 and the first quarter of FY
2011.
National Highway Traffic Safety Administration's Safety Belt
Performance Grants
H.R. 5604 rescinds $81.0 million of contract authority from
NHTSA's safety belt performance grants program (23 U.S.C.
Sec. 406).
The HIRE Act provides $124.5 million in FY 2010 to carry
out this incentive grant program. This funding level is equal
to the level provided by the Safe, Accountable, Flexible,
Efficient Transportation Equity Act: a Legacy for Users
(SAFETEA-LU) (P.L. 109-59) in FY 2009.
According to NHTSA, only three States (Kansas, Rhode
Island, and Massachusetts) are expected to qualify to receive
an incentive grant under this program this year. Therefore,
NHTSA requires no more than $28.5 million in FY 2010 to carry
out the authorized activities of this program, and the agency
does not have the ability to redistribute unallocated funds.
These funds are not available for use by the agency in FY
2010, and H.R. 5604 rescinds the excess $81 million in contract
authority.\1\
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\1\H.R. 4899, the ``Supplemental Appropriations Act, 2010'', as
passed by the Senate on May 27, 2010, redirects $15 million of contract
authority from the safety belt performance grants program to NHTSA's
vehicle safety program. These funds are provided to conduct critical
vehicle safety research, including a study of sudden unintended
acceleration of motor vehicles. H.R. 5604 does not affect this
provision and these funds remain available for NHTSA's vehicle safety
program.
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National Highway Traffic Safety Administration's Administrative
Expenses and National Driver Register and Research and
Development Programs
In addition, H.R. 5604 rescinds $8.5 million of contract
authority from NHTSA's administrative expenses and NDR and
research and development programs.
The HIRE Act provides funding for NHTSA's administrative
expenses and these programs at levels greater than the funding
levels provided by the Transportation, Housing and Urban
Development, and Related Agencies Appropriations Act, 2010.
Specifically, H.R. 5604 rescinds:
$6.4 million of contract authority authorized
for NHTSA's administrative expenses;
$1.8 million of contract authority authorized
for NHTSA's highway safety research and development
program; and
$78,000 of amounts authorized for NHTSA to
carry out the NDR.
These funds are not available for use by the agency in FY
2010, and H.R. 5604 rescinds the excess $8.5 million in
contract authority provided for these activities.
Transit Formula and Bus Grant Programs
Finally, H.R. 5604 rescinds $17.4 million of contract
authority from FTA's formula and bus grant programs.
The HIRE Act provides $8.361 billion in FY 2010 to carry
out FTA's formula and bus grant programs. This funding level is
equal to the level provided by SAFETEA-LU in FY 2009. This
funding level is $17.4 million greater than the funding level
provided by the Transportation, Housing and Urban Development,
and Related Agencies Appropriations Act, 2010.
These funds are not available for use by the agency in FY
2010, and H.R. 5604 rescinds the excess $17.4 million in
contract authority provided for these programs.
SUMMARY OF THE LEGISLATION
Section 1. Short title
Section 1 states that the Act may be referred to as
``Surface Transportation Savings Act of 2010''.
Sec. 2. Safety belt performance grants
Section 2 rescinds $80,994,029 of amounts authorized for
the NHTSA's safety belt performance grants in FY 2010. The
amount rescinded under section 2 is reduced as necessary to
ensure that $28,505,971 is available to carry out the safety
belt performance grants program in FY 2010.
Sec. 3. Administrative expenses
Section 3 rescinds $6,547,000 of amounts authorized for
administrative and related operating expenses of NHTSA in FY
2010.
Sec. 4. National driver register
Section 4 rescinds $78,000 of amounts authorized for NHTSA
to carry out the NDR in FY 2010.
Sec. 5. National Highway Traffic Safety Administration operations and
research
Section 5 rescinds $1,829,000 of amounts authorized for the
NHTSA's highway safety research and development program in FY
2010.
Sec. 6. Transit formula and bus grants
Section 6 rescinds $17,394,000 of amounts authorized for
the FTA's formula programs and bus grants in FY 2010.
LEGISLATIVE HISTORY AND COMMITTEE CONSIDERATION
On June 25, 2010, Representative Thomas S. P. Perriello
introduced H.R. 5604.
On July 1, 2010, the Committee on Transportation and
Infrastructure met in open session to consider H.R. 5604. The
Committee ordered H.R. 5604 reported favorably to the House by
voice vote with a quorum present.
RECORD VOTES
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires each committee report to include the
total number of votes cast for and against on each record vote
on a motion to report and on any amendment offered to the
measure or matter, and the names of those members voting for
and against. There were no recorded votes taken in connection
with consideration of H.R. 5604 or ordering the bill reported.
A motion to order H.R. 5604 reported favorably to the House was
agreed to by voice vote with a quorum present.
COMMITTEE OVERSIGHT FINDINGS
With respect to the requirements of clause 3(c)(1) of rule
XIII of the Rules of the House of Representatives, the
Committee's oversight findings and recommendations are
reflected in this report.
COST OF LEGISLATION
Clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives does not apply where a cost estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974 has been timely submitted prior to the filing of the
report and is included in the report. Such a cost estimate is
included in this report.
COMPLIANCE WITH HOUSE RULE XIII
1. With respect to the requirement of clause 3(c)(2) of
rule XIII of the Rules of the House of Representatives, and
section 308(a) of the Congressional Budget Act of 1974, the
Committee references the report of the Congressional Budget
Office included in the report.
2. With respect to the requirement of clause 3(c)(4) of
rule XIII of the Rules of the House of Representatives, the
performance goals and objectives of this legislation are to
recapture surface transportation contract authority currently
provided to the Department of Transportation that cannot be
used by the Department to further improve the safety,
conditions, or performance of the nation's surface
transportation system.
3. With respect to the requirement of clause 3(c)(3) of
rule XIII of the Rules of the House of Representatives and
section 402 of the Congressional Budget Act of 1974, the
Committee has received the enclosed cost estimate for H.R. 5604
from the Director of the Congressional Budget Office.
U.S. Congress,
Congressional Budget Office,
Washington, July 14, 2010.
Hon. James L. Oberstar,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 5604, the Surface
Transportation Savings Act of 2010.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Sarah Puro.
Sincerely,
Douglas W. Elmendorf.
Enclosure.
H.R. 5604--Surface Transportation Savings Act of 2010
H.R. 5604 would rescind about $107 million in contract
authority (a mandatory form of budget authority) for certain
transportation programs administered by the Federal Highway
Administration (FHWA), the National Highway Traffic Safety
Administration (NHTSA), and the Federal Transit Administration
(FTA). CBO estimates that enacting the bill would have no
effect on direct spending or revenues; therefore, pay-as-you-go
procedures would not apply.
Spending of the contract authority targeted for rescission
is controlled by limitations on obligations contained in
appropriation acts and is therefore categorized as
discretionary. The rescission of contract authority would have
direct spending effects only if it would change outlays in
2010, for which the obligation limitations have already been
set. Any effects in future years would depend on future
appropriation actions.
By CBO's estimate, the rescissions in H.R. 5604 would not
affect outlays in 2010. The contract authority currently
available for FHWA, FTA, and NHTSA's administrative expenses
exceeds the obligation limitations that have been enacted for
2010. Therefore, the contract authority for those agencies that
would be rescinded by this bill would not be obligated or spent
in 2010 and, under current law, will remain unavailable for
spending until a future appropriation act sets an obligation
limitation that would be high enough to encompass that amount.
Much of the contract authority that would be rescinded--$81
million--was provided to NHTSA for seat belt performance
grants. Though authority exists to obligate those funds, CBO
expects that they will not be obligated this year in any event.
Whether they would be obligated in future years, in the absence
of this bill, would depend on obligation limitations set in
future appropriation acts.
H.R. 5604 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
The CBO staff contact for this estimate is Sarah Puro. The
estimate was approved by Peter H. Fontaine, Assistant Director
for Budget Analysis.
COMPLIANCE WITH HOUSE RULE XXI
Pursuant to clause 9 of rule XXI of the Rules of the House
of Representatives, the Committee is required to include a list
of congressional earmarks, limited tax benefits, or limited
tariff benefits, as defined in clause 9(e), 9(f), and 9(g) of
rule XXI of the Rules of the House of Representatives. H.R.
5604 does not contain any earmarks, limited tax benefits, or
limited tariff benefits under clause 9(e), 9(f), or 9(g) of
rule XXI.
CONSTITUTIONAL AUTHORITY STATEMENT
Pursuant to clause 3(d)(1) of rule XIII of the Rules of the
House of Representatives, committee reports on a bill or joint
resolution of a public character shall include a statement
citing the specific powers granted to the Congress in the
Constitution to enact the measure. The Committee on
Transportation and Infrastructure finds that Congress has the
authority to enact this measure pursuant to its powers granted
under article I, section 8 of the Constitution.
FEDERAL MANDATES STATEMENT
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act (P.L. 104-4).
PREEMPTION CLARIFICATION
Section 423 of the Congressional Budget Act of 1974
requires the report of any Committee on a bill or joint
resolution to include a statement on the extent to which the
bill or joint resolution is intended to preempt state, local,
or tribal law. The Committee states that H.R. 5604 does not
preempt any state, local, or tribal law.
ADVISORY COMMITTEE STATEMENT
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act are created by this
legislation.
APPLICABILITY TO THE LEGISLATIVE BRANCH
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act (P.L. 104-1).
CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
H.R. 5604 makes no changes in existing law.
ADDITIONAL VIEWS
The Committee report for H.R. 5604, the ``Surface
Transportation Savings Act of 2010'' claims that this piece of
legislation will reduce the Nation's budget deficit. For the
first nine months of fiscal year 2010 we are running a budget
deficit of $1 trillion. In order to reduce our budget deficit,
Congress needs to reduce spending. Unfortunately this bill will
have no impact on spending and therefore will not reduce the
Nation's budget deficit.
While H.R. 5604 rescinds approximately $107 million in
contract authority (a type of budget authority) from programs
administered by the Department of Transportation; the
Congressional Budget Office (CBO) has determined that H.R. 5604
will not have any impact on outlays or direct spending.
According to the Congressional Budget Office's Glossary of
Budget and Economic Terms, the budget deficit is defined as the
amount by which the federal government's total outlays exceed
its total revenues. CBO's official cost estimate for H.R. 5604
finds that the legislation will not reduce the federal
government's outlays. Therefore, H.R. 5604 will not reduce the
Nation's budget deficit.
John L. Mica.