[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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