89–006 

111TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 111–546 

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 levVerDate Mar 15 2010 13:11 Jul 16, 2010 Jkt 089006 PO 00000 Frm 00001 Fmt 6659 Sfmt 6602 E:\HR\OC\HR546.XXX HR546

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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. 

els 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. § 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

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. 


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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 


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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. 


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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 


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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. 


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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. 

Æ 


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