[Congressional Record Volume 143, Number 155 (Friday, November 7, 1997)]
[Senate]
[Pages S12065-S12069]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SURFACE TRANSPORTATION EXTENSION ACT OF 1997
Mr. CHAFEE. Mr. President, I ask unanimous consent that the Senate
now proceed to the consideration of S. 1454, introduced earlier today
by Senator Bond, and others.
The PRESIDING OFFICER. The clerk will read the bill.
The assistant legislative clerk read as follows:
A bill (S. 1454) to provide a 6-month extension of highway,
highway safety, and transit programs pending enactment of a
law reauthorizing the Intermodal Surface Transportation
Efficiency Act of 1991.
The PRESIDING OFFICER. Is there objection to the immediate
consideration of the bill?
There being no objection, the Senate proceeded to consider the bill.
Mr. CHAFEE. Mr. President, I want to say how much I appreciate the
wonderful work on this legislation by Senator Bond, Senator Warner,
Senator Baucus, and others. I am pleased to joint them in cosponsoring
the Surface Transportation Extension Act of 1997.
Seven weeks ago, the Committee on Environment and Public Works
unanimously reported out S. 1173, better known as ISTEA II. I am proud
of the committee's efforts to come to an agreement on a very difficult
piece of legislation. We filed the report at the end of September, and
we were prepared to complete action on the bill before the end of the
calendar year. Regrettably, a number of unrelated events having nothing
to do with ISTEA have prevented us from completing work this year on a
6-year reauthorization bill.
As the prospects have dimmed for the enactment of a 6-year bill this
year, it is clear that we cannot go home before taking care of a number
of concerns. This past Tuesday, November 4, the Committee on
Environment and Public Works Subcommittee on Transportation and
Infrastructure held a hearing on which many of these concerns were
brought to light. First of all, if Congress does nothing, a number of
States will be hard-pressed to survive through the spring on their
existing unobligated balances. Second, States are restricted in using
their unobligated balances across Federal-aid highway, transit, and
safety categories. Third, a number of Federal transportation safety
programs, as well as the Federal transit program, have no funds to
carry over into this fiscal year. Finally, without any relief, the
Federal Highway Administration will be forced to shut down in January,
which could result in 3,600 employees being furloughed.
Despite the gloomy reports of what could happen if Congress fails to
act, there is a solution. Senators Bond, Warner, Baucus, and I have a
measure that addresses the needs of the States, the safety programs,
the Federal-aid highway program, and transit. First of all, the bill
before us will keep the nation's transportation system up and running
until we enact the long-term reauthorization bill. It gives States the
flexibility they need to continue transportation planning and
construction activities. Each State is guaranteed at least 50 percent
of the previous year's spending limitation to spend on any
transportation project or program. To keep the States on equal footing,
however, no state may spend more than 75 percent of its 1997 spending
limitation.
Second, the bill provides states with flexibility to spend their
unobligated balances on any highway, safety, or transit program
category. To prevent important environmental programs such as the
Congestion Mitigation and Air Quality Improvement Program [CMAQ] from
being unfairly disadvantaged, however, the Secretary of Transportation
would restore the transferred funds back to these programs when the new
reauthorization bill is enacted.
Third, the bill provides funding for key ISTEA safety and transit
programs. The Motor Carrier Safety Assistance Program, the State and
Community Safety Grant Program, the National Driver Register, Operation
Lifesaver, and the Alcohol-impaired Driving Countermeasures Program,
will continue to run. Also, the Federal transit discretionary and
formula programs will receive the funds they need. Fourth, the bill
provides funds for the Federal Highway Administration to continue
operating and assisting the States with their transportation programs.
Before closing, let me comment on what the bill before us does not
do. Unlike the 6-month extension bill that was approved by the House
earlier this month, this bill does not provide States with contract
authority for 1 year's worth of highway construction. Our bill gives
the States until May 1 of next year to obligate the funds provided in
this bill. The trouble with including funds that will not run out until
next November is that there will be no pressure to enact permanent
ISTEA legislation until that time, right before the 1998 elections.
Pushing the decision off until next fall runs the risk of our being
without a bill 1 year from now. Moreover, this measure avoids the
contentious fight we would have over apportionment formulas and funding
categories if we were to take up the House bill.
The bill before us is by no means perfect, but it is the optimal
approach to the situation. Our hopes for an ideal outcome were dashed
when we were unable to complete work on a 6-year reauthorization bill.
This measure keeps the State and Federal transportation programs
running, it ensures that no highway contractors are put out of work,
and it continues funding for vital safety and transit programs. Most
important, it will keep the momentum going to enact a 6-year bill early
next year. And it does all of this without a battle over the formulas.
Again, I want to commend Senator Bond for his determination in moving
this measure forward. I also want to thank Senators Warner and Baucus
for their excellent work. I urge all of my colleagues to join us in
supporting this important measure.
Mr. ABRAHAM. Mr. President, I appreciate the hard work done by the
Environment and Public Works Committee, and the compromise it
represents. However, I believe the proposal sent over by the House in
H.R. 2516 represented a superior short-term reauthorization proposal.
Hopefully, many of these funding elements may find their way into the
final ISTEA reauthorization proposal.
Mr. President, I would simply like to gain assurance from the
chairman of the Environment and Public Works Committee that passage of
his short-term proposal in no way obligates the Senate or its Members
to support of any specific funding level or formula, and that it is
simply a stop-gap measure until we can proceed to a final long-term
authorization bill.
Mr. CHAFEE. Mr. President, I can definitely assure the Senator from
[[Page S12066]]
Michigan that passage of this short-term bill in no way implies
acceptance of any long-term funding level or formula.
Mr. ABRAHAM. Mr. President, I thank the chairman for his assurances,
and look forward to working with him in crafting the follow-on
legislation to ISTEA that will sufficiently rectify the onerous
position in which donor States, like Michigan, find themselves.
Mr. CHAFEE. Mr. President, I ask unanimous consent that the bill be
considered read the third time, and passed, that the motion to
reconsider be laid upon the table, and that any statements relating to
the bill appear at this point in the Record.
Mr. LEVIN. Mr. President, reserving the right to object.
I ask unanimous consent that the unanimous-consent request that is
pending be amended in order that an amendment of mine, amendment No.
1376, be in order.
The PRESIDING OFFICER. Is there objection?
Mr. BAUCUS. Mr. President, with all due respect to my good friend
from Michigan, I must object.
The PRESIDING OFFICER. Objection is heard.
Mr. LEVIN. Reserving the right to object. I have a further inquiry of
my good friend from Montana. Would it be fair to say that the adoption
of this short term bill would in no way prejudice efforts later on in
the next session of Congress to have consideration of amendments, such
as No. 1376, and other formulas which are more equitable to many of our
States that have not, in our view, been treated equitably.
Mr. BAUCUS. I say to my friend that this measure about to be passed
is formula neutral. It in no way would prejudice the amendment to be
offered at a later date by the Senator from Michigan, or other
amendments offered by other Senators who wish to accomplish objectives
for their States as well.
Mr. WARNER. Mr. President, I think the Senator has made it very clear
that he was referring to ISTEA I in 1991, was he not?
Mr. LEVIN. I am not referring to the ISTEA I bill.
Mr. BAUCUS. The Senator is referring to next year.
Mr. LEVIN. I thank the Chair.
Mr. CHAFEE. Mr. President, I renew my request.
The PRESIDING OFFICER. Is there objection?
Without objection, it is so ordered.
The bill (S. 1454) was considered read the third time, and passed, as
follows:
S. 1464
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Surface Transportation
Extension Act of 1997''.
SEC. 2. ADVANCE AUTHORIZATIONS.
(a) In General.--The Secretary of Transportation (referred
to in this Act as the ``Secretary'') shall apportion funds
made available under the amendment made by subsection (d)--
(1) to any State for which the State's unobligated balance,
as of October 1, 1997, of Federal-aid highway apportionments
subject to any limitation on obligations is less than 50
percent of the State's total fiscal year 1997 obligation
authority for funds apportioned for the Federal-aid highway
program; and
(2) in an amount sufficient to increase the State's
unobligated balance, as of October 1, 1997, of apportionments
described in paragraph (1) to an amount equal to 50 percent
of the State's total fiscal year 1997 obligation authority
for funds apportioned for the Federal-aid highway program.
(b) Eligible Use of Apportionments.--A State may obligate
funds apportioned under subsection (a) for any project
eligible for assistance under section 133, 149, 402, or 410
of title 23, United States Code, or chapter 311 of title 49,
United States Code.
(c) Repayment From Surface Transportation Program
Apportionment.--The Secretary shall reduce the amount that
would, but for this section, be apportioned to a State under
section 104(b)(3) of title 23, United States Code, for fiscal
year 1998 under a law reauthorizing the Federal-aid highway
program enacted after the date of enactment of this Act by
the amount of any authorization of contract authority
provided to a State under subsection (a).
(d) Authorization of Contract Authority.--Section 1003 of
the Intermodal Surface Transportation Efficiency Act of 1991
(105 Stat. 1918) is amended by adding at the end the
following:
``(d) Advance Authorizations.--There shall be available
from the Highway Trust Fund (other than the Mass Transit
Account) to carry out section 2 of the Surface Transportation
Extension Act of 1997 $506,273,000 for the period of January
1, 1998, through January 8, 1998.
``(e) Authorization of Contract Authority.--
``(1) Authorization.--Notwithstanding section 157(e) of
title 23, United States Code, there shall be available from
the Highway Trust Fund (other than the Mass Transit Account)
to carry out section 157 of title 23, United States Code, not
to exceed $14,000,000 for the period of January 1, 1998,
through January 8, 1998.
``(2) Allocation.--The Secretary shall allocate the amounts
authorized under paragraph (1) to each State in the ratio
that--
``(A) the amount allocated to the State for fiscal year
1997 under section 157 of that title; bears to
``(B) the amounts allocated to all States for fiscal year
1997 under section 157 of that title.
``(f) Contract Authority.--Funds authorized under
subsections (d) and (e) shall be available for obligation in
the same manner as if the funds were apportioned under
chapter 1 of title 23, United States Code.''.
(e) Limitation on Obligations.--
(1) Allocation of obligation authority during certain
period.--
(A) In general.--Subject to subparagraph (B), after the
date of enactment of this Act, the Secretary shall allocate
to each State an amount of obligation authority that is--
(i) equal to the greater of--
(I) the State's unobligated balance of Federal-aid highway
apportionments subject to any limitation on obligations; or
(II) 50 percent of the State's total fiscal year 1997
obligation authority for funds apportioned for the Federal-
aid highway program; but
(ii) not greater than 75 percent of the State's total
fiscal year 1997 obligation authority for funds apportioned
for the Federal-aid highway program.
(B) Limitation on amount.--The total of all allocations
under subparagraph (A) shall not exceed $9,786,275,000.
(C) Time period for obligations of funds.--
(i) In general.--Except as provided in clause (ii), a State
shall not obligate any funds for any Federal-aid highway
program project after May 1, 1998, until such time as a
multiyear law reauthorizing the Federal-aid highway program
has been enacted or July 1, 1998 whichever is earlier.
(ii) Reobligation.--Clause (i) shall not preclude the
reobligation of deobligated funds.
(iii) Distribution of remaining obligation authority.--Upon
enactment of a law described in clause (i), the Secretary
shall distribute to each State any remaining amounts of
obligation authority for Federal-aid highways and highway
safety construction programs by allocation in accordance with
section 310(a) of the Department of Transportation and
Related Agencies Appropriations Act, 1998 (Public Law 105-66;
111 Stat. 1425).
(iv) No contract authority made available to the States
prior to July 1, 1998, shall be obligated after such date
until such time as a multiyear law reauthorizing the Federal-
aid highway program has been enacted.
(f) Treatment of Obligations.--Any obligation incurred
under this Act, or an amendment made by this Act, shall be
considered to be an obligation for Federal-aid highways and
highway safety construction programs for fiscal year 1998 for
the purposes of the matter under the heading ``(limitation on
obligations)'' under the heading ``Federal-Aid Highways'' in
title I of the Department of Transportation and Related
Agencies Appropriations Act, 1998 (Public Law 105-66; 111
Stat. 1425).
(g) Funding Baseline.--Notwithstanding section 257 of the
Balanced Budget and Emergency Deficit Control Act of 1985 (2
U.S.C. 907) and the effect of funding provided under this Act
or an amendment made by this Act, the baseline prepared by
the Congressional Budget Office and the Office of Management
and Budget for fiscal years 1998 through 2003 for mandatory
contract authority and mandatory outlays for Federal-aid
highways and highway safety construction programs shall be
the baseline included in the concurrent resolution on the
budget for fiscal year 1998.
SEC. 3. TRANSFERS OF UNOBLIGATED APPORTIONMENTS.
(a) In General.--Notwithstanding any other provision of
law, for fiscal year 1998, a State may transfer any funds
apportioned to the State for any program under section 104
(including amounts apportioned under section 104(b)(3) or set
aside or suballocated under section 133(d)), 144, or 402 of
title 23, United States Code, granted to the State for any
program under section 410 of that title, or allocated to the
State for any program under chapter 311 of title 49, United
States Code, that are subject to any limitation on
obligations, and that are not obligated, to any other of
those programs.
(b) Treatment of Transferred Funds.--Any funds transferred
to another program under subsection (a) shall be subject to
the provisions of the program to which the funds are
transferred, except that funds transferred to the surface
transportation program under section 133 of title 23, United
States Code, other than paragraphs (1) and (2) of section
133(d) of that title, shall not be subject to section 133(d)
of that title.
(c) Restoration of Apportionments.--
(1) In general.--As soon as practicable after the date of
enactment of a law reauthorizing the Federal-aid highway
program enacted after the date of enactment of this Act, the
Secretary shall restore any funds
[[Page S12067]]
that a State transferred under subsection (a) for any project
not eligible for the funds but for this section to the
program category from which the funds were transferred.
(2) Program category reconciliation.--The Secretary may
establish procedures under which funds transferred under
subsection (a) from a program category for which funds are no
longer authorized may be restored to the Federal-aid highway
program.
(d) Guidance.--The Secretary may issue guidance for use in
carrying out this section.
SEC. 4. ADMINISTRATIVE EXPENSES.
(a) Expenses of Federal Highway Administration.--
(1) Authority to borrow.--
(A) From unobligated funds available for discretionary
allocations.--If unobligated balances of funds deducted by
the Secretary under section 104(a) of title 23, United States
Code, for administrative and research expenses of the
Federal-aid highway program are insufficient to pay those
expenses for fiscal year 1998, the Secretary may borrow not
to exceed $60,000,000 for those expenses from unobligated
funds available to the Secretary for discretionary
allocations.
(B) Requirement to reimburse.--Funds borrowed under
subparagraph (A) shall be reimbursed from amounts made
available to the Secretary under section 104(a) of title 23,
United States Code, as soon as practicable after the date of
enactment of a law reauthorizing the Federal-aid highway
program enacted after the date of enactment of this Act.
(2) Authorization of contract authority.--
(A) In general.--In addition to funds made available under
paragraph (1), there shall be available from the Highway
Trust Fund (other than the Mass Transit Account) for
administrative and research expenses of the Federal-aid
highway program $151,000,000 for fiscal year 1998.
(B) Contract authority.--Funds authorized under this
paragraph shall be available for obligation in the same
manner as if the funds were apportioned under chapter 1 of
title 23, United States Code.
(3) Use of certain administrative funds.--Section 104(i)(1)
of title 23, United States Code, is amended by inserting ``,
and for the period of October 1, 1997, through March 31,
1998,'' after ``1997''.
(b) Bureau of Transportation Statistics.--Section 6006 of
the Intermodal Surface Transportation Efficiency Act of 1991
(105 Stat. 2172) is amended--
(1) by inserting ``(a) In General.--'' before ``Chapter
I''; and
(2) in the first sentence of subsection (b)--
(A) by striking ``1996, and'' and inserting ``1996,''; and
(B) by inserting before the period at the end the
following: ``, and $12,500,000 for the period of October 1,
1997, through March 31, 1998''.
SEC. 5. OTHER FEDERAL-AID HIGHWAY PROGRAMS.
(a) 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)--
(A) by striking ``1992 and'' and inserting ``1992,''; and
(B) by inserting before the period at the end the
following: ``, and $95,500,000 for the period of October 1,
1997, through March 31, 1998'';
(2) in subparagraph (B)--
(A) by striking ``1995, and'' and inserting ``1995,''; and
(B) by inserting before the period at the end the
following: ``and $86,000,000 for the period of October 1,
1997, through March 31, 1998''; and
(3) in subparagraph (C)--
(A) by striking ``1995, and'' and inserting ``1995,''; and
(B) by inserting before the period at the end the
following: ``, and $42,000,000 for the period of October 1,
1997, through March 31, 1998''.
(b) National Recreational Trails Program.--Section 1003 of
the Intermodal Surface Transportation Efficiency Act of 1991
(105 Stat. 1918) (as amended by section 2(d)) is amended by
adding at the end the following:
``(e) National Recreational Trails Program.--Section 104(h)
of title 23, United States Code, is amended by inserting `and
$7,500,000 for the period of October 1, 1997, through March
31, 1998' after `1997'.''.
(c) Certain Allocated Programs.--
(1) Highway use tax evasion.--Section 1040(f)(1) of the
Intermodal Surface Transportation Efficiency Act of 1991 (23
U.S.C. 101 note; 105 Stat. 1992) is amended in the first
sentence by inserting before the period at the end the
following: ``and $2,500,000 for the period of October 1,
1997, through March 31, 1998''.
(2) Scenic byways program.--Section 1047(d) of the
Intermodal Surface Transportation Efficiency Act of 1991 (23
U.S.C. 101 note; 105 Stat. 1998) is amended in the first
sentence--
(A) by striking ``1994, and'' and inserting ``1994,''; and
(B) by inserting before the period at the end the
following: ``, and $7,000,000 for the period of October 1,
1997, through March 31, 1998''.
(d) Intelligent Transportation Systems.--Section 6058(b) of
the Intermodal Surface Transportation Efficiency Act of 1991
(105 Stat. 2194) is amended--
(1) by striking ``1992 and'' and inserting ``1992,''; and
(2) by inserting before the period at the end the
following: ``, and $56,500,000 for the period of October 1,
1997, through March 31, 1998''.
(e) Surface Transportation Research.--
(1) Operation lifesaver.--
(A) In general.--There shall be available from the Highway
Trust Fund (other than the Mass Transit Account) to carry out
the operation lifesaver program under section 104(d)(1) of
title 23, United States Code, $150,000 for the period of
October 1, 1997, through March 31, 1998.
(B) Contract authority.--Funds authorized under this
paragraph shall be available for obligation in the same
manner as if the funds were apportioned under chapter 1 of
title 23, United States Code.
(2) Dwight david eisenhower transportation fellowship
program.--
(A) In general.--There shall be available from the Highway
Trust Fund (other than the Mass Transit Account) to carry out
the Dwight David Eisenhower Transportation Fellowship Program
under section 307(a)(1)(C)(ii) of title 23, United States
Code, $1,000,000 for the period of October 1, 1997, through
March 31, 1998.
(B) Contract authority.--Funds authorized under this
paragraph shall be available for obligation in the same
manner as if the funds were apportioned under chapter 1 of
title 23, United States Code.
(3) National highway institute.--Section 321(f) of title
23, United States Code, is amended by adding at the end the
following: ``There shall be available from the Highway Trust
Fund (other than the Mass Transit Account) to carry out this
section $2,500,000 for the period of October 1, 1997, through
March 31, 1998.''.
(4) Education and training program.--Section 326(c) of
title 23, United States Code, is amended by adding at the end
the following: ``There shall be available from the Highway
Trust Fund (other than the Mass Transit Account) to carry out
this section $3,000,000 for the period of October 1, 1997,
through March 31, 1998.''.
SEC. 6. 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--
(1) by striking ``1996, and'' and inserting ``1996,''; and
(2) by inserting before the period at the end the
following: ``, and $83,000,000 for the period of October 1,
1997, through March 31, 1998''; and
(b) Alcohol-Impaired Driving Countermeasures.--Section 410
of title 23, United States Code, is amended--
(1) in subsection (c)--
(A) by striking ``5'' and inserting ``6''; and
(B) in paragraph (3), by striking ``and fifth'' and
inserting ``fifth, and sixth'';
(2) in subsection (d)(2)(B), by striking ``two'' and
inserting ``3''; and
(3) in the first sentence of subsection (j)--
(A) by striking ``1997, and'' and inserting ``1997,''; and
(B) by inserting before the period at the end the following
``, and $12,500,000 for the period of October 1, 1997,
through March 31, 1998''.
(c) National Driver Register.--Section 30308(a) of title
49, United States Code, is amended--
(1) by striking ``1994, and'' and inserting ``1994,''; and
(2) by inserting after ``1997,'' the following: ``and
$1,855,000 for the period of October 1, 1997, through March
31, 1998,''.
SEC. 7. EXTENSION OF MOTOR CARRIER SAFETY PROGRAM.
Section 31104(a) of title 49, United States Code, is
amended--
(1) in paragraphs (1) through (5), by striking ``not more''
each place it appears and inserting ``Not more''; and
(2) by adding at the end the following:
``(6) Not more than $45,000,000 for the period of October
1, 1997, through March 31, 1998.''.
SEC. 8. EXTENSION OF FEDERAL TRANSIT PROGRAMS.
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 OF OCTOBER 1, 1997, THROUGH MARCH 31,
1998.
``(a) Allocating Amounts.--Section 5309(m)(1) of title 49,
United States Code, is amended by inserting `, and for the
period of 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
of 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 that 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) in subsection (a)--
[[Page S12068]]
``(A) in paragraph (1), by adding at the end the following:
`` `(F) $1,349,395,000 for the period of October 1, 1997,
through March 31, 1998.'; and
``(B) in paragraph (2), by adding at the end the following:
`` `(F) $369,000,000 for the period of October 1, 1997,
through March 31, 1998.';
``(2) in subsection (b)(1), by adding at the end the
following:
`` `(F) $1,110,605,000 for the period of October 1, 1997,
through March 31, 1998.';
``(3) in subsection (c), by inserting `and not more than
$1,500,000 for the period of October 1, 1997, through March
31, 1998,' after `1997,';
``(4) 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 of October 1, 1997, through
March 31, 1998,' after `1997,';
``(5) in subsection (h)(3), by inserting `and $3,000,000 is
available for section 5317 for the period of October 1, 1997,
through March 31, 1998' after `1997';
``(6) in subsection (j)(5)--
``(A) in subparagraph (B), by striking `and' at the end;
``(B) in subparagraph (C), by striking the period at the
end and inserting `; and'; and
``(C) by adding at the end the following:
`` `(D) the lesser of $1,500,000 or an amount that the
Secretary determines is necessary is available to carry out
section 5318 for the period of October 1, 1997, through March
31, 1998.';
``(7) in subsection (k), by striking `or (e)' and inserting
`(e), or (m)'; and
``(8) by adding at the end the following:
`` `(m) Section 5316 for the Period of 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 of October 1, 1997, through March
31, 1998:
`` `(1) $125,000 to carry out section 5316(a).
`` `(2) $1,500,000 to carry out section 5316(b).
`` `(3) $500,000 to carry out section 5316(c).
`` `(4) $500,000 to carry out section 5316(d).
`` `(5) $500,000 to carry out section 5316(e).'.''.
Mr. WARNER. Mr. President, I certainly want to commend our
distinguished chairman and distinguished ranking member. The senior
Senator from Montana is also ranking on the subcommittee. We express a
particular appreciation to the Senator from Missouri, Senator Bond. He
seemed to have had an understanding of how we could best and most
equitably adopt this short-term provision. I wish to commend him for
his special efforts.
I wish to also commend the staff, Mr. President. We have had
extraordinary staff participation on this. I have a small piece of
paper here signed by the principal Senators expressing our
appreciation.
Mr. BAUCUS addressed the Chair.
The PRESIDING OFFICER. The Senator from Montana is recognized.
Mr. BAUCUS. Mr. President, I very much hope that the other body takes
up and passes this measure because it has been our judgment that it is
about the only approach that is going to allow States to continue the
continuity in their highway programs until next year when we pass the
full 6-year program.
This measure that we have just adopted here in the Senate is formula
neutral. It is designed in a way to make sure that all of the different
States who are in different situations are treated reasonably fairly.
Nothing is perfect. But this is a very good effort to deal with various
differences among the States. It also will provide enough funds for the
Congress next year to take up the full 6-year bill in a reasonable
period of time.
So I very much hope that the other body takes it up and passes this
bill because it is in the States' best interests to continue that
continuity of funding.
Mr. WARNER addressed the Chair.
The PRESIDING OFFICER. The Senator from Virginia is recognized.
Mr. WARNER. Mr. President, I would also like to express our
appreciation to Senator Byrd who was very actively working with us this
evening. And I want to associate myself with the remarks of the
distinguished Senator from Montana.
Many States have a very short period within which they can do this
vital work. The Governors appeared at the hearing of our committee just
a few days ago, and expressed a similar interest. It is imperative that
we keep this highway program moving ahead until such time as the
Congress can pass what I hope will be a 6-year bill.
Mr. BOND addressed the Chair.
The PRESIDING OFFICER. The Senator from Missouri is recognized.
Mr. BOND. Mr. President, I express my sincere appreciation to
Chairman Chafee, Chairman Warner, and the ranking member, Senator
Baucus.
When it became clear that we were not going to pass a 6-year
reauthorization of the ISTEA, or Intermodal Surface Transportation
Efficiency Act, it was obvious to everybody that something had to be
done to make sure that we didn't run out of safety programs; that we
didn't shut the doors on the operations of the Department of
Transportation; that we didn't leave the States without the authority
to contract.
Finally, when I suggested that we merely extend the obligations based
on a half of last year's obligation authority up to 75 percent, it was
designed, as Senator Baucus so ably said, to be totally formula
neutral. We are not going to engage in a formula battle. We have some
very strong differences of opinion over formulas, and over allocations
among States. That will be played out at great length on this floor I
hope very early in 1998. But I have never seen anything unify this body
more than the agreement by all of the Senators with whom I have
spoken--and I have spoken to almost all of them--that we must do
something to keep the doors open; to keep construction going; to keep
safety and to keep transit programs. And the only way we can do it is
to do something that is formula neutral.
This merely extends the obligational authority, and it has
overwhelming support. We hope it will have support in the House so that
we can send it to the President and make sure that we don't shut down
operations in the very near future.
I wish to expressly thank staff which has worked night and day--some
with almost no sleep: Dan Corbett, Jimmie Powell, Ann Loomis, Kathy
Ruffalo, Tom Sliter, and the staff of the Banking Committee, Commerce
Committee, and the Environment and Public Works Committee; and on my
own personal staff, Tracy Henke who did the initial work of putting
this all together.
I hope they can all get some sleep and some rest, and that we can put
this measure to bed.
Mr. President, this does not open up any fights. It merely leaves in
place vitally needed safety transit, Department of Transportation
operations, and the ability to contract while we revisit in early 1998
the very important and very controversial formulas for allocating
highway money.
I thank all Senators whose cooperation was necessary for us to bring
the measure to the floor, and pass it this evening. But the agreement
of all Senators shows what a high priority and what a tremendous
importance we place on assuring that our citizens have adequate
transit, that we have the highways, the bridges, and the roads that we
need for convenience, for our economy, and, most of all, for the safety
of our traveling public.
I thank the Chair.
Mr. CHAFEE addressed the Chair.
The PRESIDING OFFICER. The Senator from Rhode Island is recognized.
Mr. CHAFEE. Mr. President, this is a very, very contentious issue.
Fortunately, in our Environment and Public Works Committee we were able
to report out this basic legislation 18 to 0. Then we have to do this
so-called stopgap legislation, because we weren't able to consider the
big bill due to a variety of factors. This bill now is a result of
bipartisan cooperation. As we mentioned, Senator Baucus has been deeply
involved in this, and of course, Senator Warner, Senator Bond, myself,
and others.
I join in the salute to the staff. They have been really terrific. I
would like particularly to offer the names of those who worked so hard:
Jimmie Powell, Tom Sliter, Kathy Ruffalo, Dan Corbett, Ann Loomis,
Peter Rogoff, with Senator Byrd, and Tracy Henke with Senator Bond.
Every single one of those staffers was absolutely terrific.
Mr. WARNER. And add Ellen Stein to that.
Mr. CHAFEE. I certainly will.
Mr. President, let me end with a wish. We are going to come back to
this, as the majority leader said, the first thing when we return in
January. It is going to take every bit of good will and patience and
high level of character and perseverance for us to be able to pass a
bill that will have the acceptance that legislation had in our
committee.
So, in closing, I thank everyone, and urge them to carry on with this
same type of effort when we convene on this issue in the last part of
January.
[[Page S12069]]
Mr. BAUCUS addressed the Chair.
The PRESIDING OFFICER. The Senator from Montana.
Mr. BAUCUS. Mr. President, there are two points that I want to make.
We are passing this rather significant piece of legislation because
we are doing it in a bipartisan basis. I must remind all of my
colleagues that when we get into partisan fights often nothing happens.
We make political points but don't pass legislation.
This has been very, very cohesive and bipartisan on both sides of the
aisle.
It has been an honor for me--a privilege for me--to participate with
Senator Warner, Senator Chafee, Senator Bond, and Senator Byrd in
putting this together.
My second point is to reaffirm just how lucky we are to have such a
dedicated staff who are so able and so talented. I am always in awe in
seeing just how right these people are and how necessary they are.
But, for the record, the one lady who came up with the final solution
is on my staff. Her name is Kathy Ruffalo.
I yield the floor.
Mr. WARNER. Mr. President, I will proceed momentarily to the
Executive Calendar.
But first we want to thank the Chair. The Chair has been very
indulgent, and indeed, the staff of the Senate.
But I want to further say that I hope tomorrow that the
infrastructure that follows this type of legislation--the contractors,
the secretaries of the various organizations throughout the States who
are entrusted with the very important highway construction--would
immediately look at this effort by the U.S. Senate, and bring to bear
their judgment tomorrow on the other body in the hopes that we can pass
this.
I particularly call on the National Governors' Association. They came
forward in a hearing that I chaired last week, and were very explicit
on this whole matter. It was made very clear by the contractors who
also appeared at that hearing that there is a short period for certain
States for construction. It is imperative that this matter go forward.
We have made, as I say, in a bipartisan way, our best effort. Now, with
the help of the infrastructure, I am sure that the other body will see
the wisdom in this measure, and pass it.
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