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[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\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------

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.

                                  
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