Mr. Chairman, I have 15 points of order to the bill. Mr. Chairman, on behalf of the Committee on Transportation and Infrastructure, I make a point of order against the provision found on page 17, lines 6 through 11. This provision would…
Mr. Chairman, I have 15 points of order to the bill.
Mr. Chairman, on behalf of the Committee on Transportation and Infrastructure, I make a point of order against the provision found on page 17, lines 6 through 11. This provision would rescind $137 million in unobligated balances of Highway Contract Authority.
Under this provision, each State Department of Transportation would lose funds from the Surface Transportation Program, the Congestion Mitigation Air Quality Program, the National Highway System Program, the Interstate Maintenance Program, and the Bridge Program. This will reduce each State's ability to move funds from one category to another within its obligation limitation and will be particularly harmful given that States may soon need to use their unobligated balances to continue their programs pending enactment of a long term reauthorization of surface transportation programs. The creation and recision of contract authority is the exclusive jurisdiction of the Committee on Transportation and Infrastructure. This decision is legislative in nature and in violation of clause 2 of rule XXI.
Mr. Chairman, I make a point of order against section 110 which begins on page 18 and ends on page 23, line 15. Section 110 specifies the distribution of funds for the Federal-aid Highways Program. I expect that this Congress will extend the existing highway program for a period of time. If we do so, this provision will create confusion and conflict and is unnecessary. This entire section is legislative in nature, in violation of clause 2 of rule XXI.
Mr. Chairman, I make a point of order against section 111 which begins on page 23, line 16 and ends on page 24, line 12. Section 111 increases the Federal Highway administrative takedown authorized in 23 USC 104(a) from one and one-sixth percent to 1.35 percent. It would also waive existing law. This is legislative in nature, in violation of clause 2 of rule XXI.
Mr. Chairman, I make a point of order against the last two provisos of section 118 on page 28, line 19 beginning with ``provided'' and through page 29, line 3.
Section 118 directs the Secretary of Transportation to modify a specific loan agreement and to have the proposed loan modification funded under the Transportation and Infrastructure Finance and Innovation Act Program. By statute, eligibility for federally guaranteed loans under the TIFIA program is determined by the Secretary of Transportation in accordance with rigorous and selective criteria. It also waives existing law. Waiving existing law is legislative in nature and violates clause 2 of House rule XXI.
Mr. Chairman, I make a point of order against the phrase ``Notwithstanding any other provision of law'' found on page 31, line 5. This language clearly constitutes legislation on an appropriations bill in violation of clause 2 of rule XXI of the rules of the House of Representatives.
Mr. Chairman, I make a point of order against the phrase ``to be derived from the Highway Trust Fund (other than the Mass Transit Account)'' on page 31, lines 19 through the word ``account'' on line 21. This section appropriates $47 million from the Highway Trust Fund for the border enforcement program. There is no current authorization of a border enforcement program. This language clearly constitutes an unauthorized appropriation in violation of clause 2 of rule XXI of the rules of the House of Representatives.
Mr. Chairman, I make a point of order against all of section 130 which begins on page 31, line 24. This section authorizes an administrative takedown that exceeds the one-third of 1 percent administrative takedown authorized by section 104(a)(1)(B) of Title 23. It also violates existing law. This increase is legislative in nature in violation of rule XXI.
Mr. Chairman, I make a point of order against the phrase ``Notwithstanding any other provision of law'' found on page 34, line 24. This language clearly constitutes legislation on an appropriations bill in violation of clause 2 of rule XXI of the rules of the House of Representatives.
Mr. Chairman, I make a point of order against the two provisos which begin on page 36, line 17 starting with the words ``provided further'' through page 37, line 5. These provisos of section 104 earmark the manner in which certain safety-related grants are to be used by the States. These unauthorized earmarks reduce both the amount of funding available to the States and the States' discretion in the use of these funds. I object to these earmarks on the grounds that they are unauthorized, in violation of rule XXI.
Mr. Chairman, I make a point of order against the proviso that begins at the end of line 16 on page 45 through line 23. This proviso purports to transfer $50 million provided by TEA for the clean fuels bus formula grant program to the transit bus discretionary grant program, where it is distributed not by the statutory formula envisioned in TEA but rather by earmarks in report language. It also waives existing law. This proviso is legislative in nature in violation of rule XXI.
Mr. Chairman, I make a point of order against the phrase ``Notwithstanding any other provision of law'' found on page 46, line 25. This language clearly constitutes legislation on an appropriations bill in violation of clause 2 of rule XXI of the rules of the House of Representatives.
I have additional points of order, but they are starting on page 51 which would that be in order at this point?
No. Page 51, line 12 is my next point of order.
Mr. Chairman, I offer an amendment.
Mr. Chairman, I am joined by the gentleman from Massachusetts (Mr. Olver) and several other Members in offering an amendment that would strike section 114 of the bill.
This provision, as described in the committee report, ``discontinues the mandatory 10 percent set-aside from the surface transportation program for the transportation enhancement program.''
Mr. Chairman, this is wrong on many levels, and the provision should be stricken from the bill. Over the last 12 years, enhancements have become an appreciated and important part of our transportation program. Though individual projects are not costly, enhancements nevertheless pack a big punch in
terms of promoting economic growth and tourism. They fund bike paths that are enjoyed by families on a Saturday morning. They complete street-scape projects that revitalize the neighborhood. They improve our quality of life and have become important to communities across our country. All of them have a transportation-related purpose.
It has been said that we need to give State transportation departments the flexibility to decide how to spend their money. Well, the American Association of State Highway and Transportation Officials, which is known by the phrase AASHTO, support the amendment. They have come to value the contributions of this program.
In reference to diversions, I would like to point out that nonhighway recreational users contribute, according to the estimate of the Treasury Department and the Transportation Department, up to $268 million a year in gas taxes to the highway trust fund. I trust that in the last several decades recreational users still have contributed more than they have received since we created this program.
It has been said that we need to eliminate the enhancements program because we are billions short for covering our basic highway and bridge needs. I am glad there is recognition of the need to invest in our transportation systems, but I daresay that eliminating this $600 million program is not the answer to our funding needs. Finally, Members should be aware that the President's reauthorization proposal, which was just recently submitted, continues to dedicate funding for 10 enhancement programs.
While this amendment should pass on the merits of the program alone, I must also say that it is wrong to use the appropriations process to, in essence, rewrite the transportation program and allow funds now dedicated for enhancements to be used for other purposes. This is more appropriately the function of the authorizing committee.
In short, Mr. Chairman, State Departments of Transportation through their organizations support this amendment; counties support the amendment; cities support this amendment; environmental groups support the amendment; AARP supports it; bike, architects, conservation and historic conservation groups support it. Recreation and travel groups support it. Even various health groups and the Paralyzed Veterans of America have expressed support. And the list goes on. It is not a State's rights issue. The States have spoken. They want to retain dedicated funding for transportation enhancements.
Mr. Chairman, let us follow the lead of our President and continue dedicated funding for transportation enhancements by passing this amendment.
Mr. Chairman, I submit for the Record letters in support of the amendment from the American Association of State Highway and Transportation Officials; the American Association of Retired People; the National Association of Counties, the National League of Cities, the U.S. Conference of Mayors; and the Transportation Enhancements Coalition.
American Association of State Highway and Transportation
Officials,
Washington, DC, September 3, 2003.
Dear Congressman: I am writing on behalf of the American
Association of State Highway and Transportation Officials
(AASHTO) to urge your support for an amendment sponsored by
Congressmen Thomas Petri and John Olver to strike language in
H.R. 2989, the FY 2004 Transportation, Treasury, and
Independent Agencies Appropriations bill, that eliminates
funding specifically dedicated for transportation
enhancements. The Petri-Olver amendment would strike Section
114 from the bill, restoring the Transportation Enhancements
(TE) Program set-aside first established in 1991 in the
Intermodal Surface Transportation Efficiency Act (ISTEA).
The TE Program is one of the most popular of the federal
transportation programs with over 17,000 projects in
communities located in almost every congressional district
across the country. Projects ranging from pedestrian, bike
and trail facilities to historic bridges and rehabilitated
train stations have significantly contributed to the quality
of life in these communities. AASHTO, which represents
transportation agencies in the fifty States, the District of
Columbia and Puerto Rico, supports continuation of this
popular and worthy program.
Sincerely yours,
James C. Codell, III,
President