[Congressional Record Volume 143, Number 158 (Monday, November 10, 1997)]
[Senate]
[Pages S12450-S12456]
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. 1519, introduced earlier today
by Senator Bond.
The PRESIDING OFFICER. The clerk will report.
The bill clerk read as follows:
A bill (S. 1519) 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 ask unanimous consent the bill be deemed
read a third time and passed, the motion to reconsider be laid upon the
table, and that any statements relating to the bill be printed in the
Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The bill (S. 1519) was deemed read a third time and passed, as
follows:
S. 1519
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. ADVANCES.
(a) In General.--The Secretary of Transportation (referred
to in this Act as the ``Secretary'') shall apportion funds
made available under section 1003(d) of the Intermodal
Surface Transportation Efficiency Act of 1991 to each State
in the ratio that--
(1) the State's total fiscal year 1997 obligation authority
for funds apportioned for the Federal-aid highway program;
bears to
(2) all States' total fiscal year 1997 obligation authority
for funds apportioned for the Federal-aid highway program.
(b) Programmatic Distributions.--
(1) Programs.--Of the funds to be apportioned to each State
under subsection (a), the Secretary shall ensure that the
State is apportioned an amount of the funds, determined under
paragraph (2), for the Interstate maintenance program, the
National Highway System, the bridge program, the surface
transportation program, the congestion mitigation and air
quality improvement program, minimum allocation under section
157 of title 23, United States Code, Interstate reimbursement
under section 160 of that title, the donor State bonus under
section 1013(c) of the Intermodal Surface Transportation
Efficiency Act of 1991 (105 Stat. 1940), hold harmless under
section 1015(a) of that Act (105 Stat. 1943), 90 percent of
payments adjustments under section 1015(b) of that Act (105
Stat. 1944), section 1015(c) of that Act (105 Stat. 1944), an
amount equal to the funds provided under sections 1103
through 1108 of that Act (105 Stat. 2027), and funding
restoration under section 202 of the National Highway System
Designation Act of 1995 (109 Stat. 571).
(2) In general.--The amount that each State shall be
apportioned under this subsection for each item referred to
in paragraph (1) shall be determined by multiplying--
(A) the amount apportioned to the State under subsection
(a); by
(B) the ratio that--
(i) the amount of funds apportioned for the item, or
allocated under sections 1103 through 1108 of the Intermodal
Surface Transportation Efficiency Act of 1991 (105 Stat.
2027), to the State for fiscal year 1997; bears to
(ii) the total of the amount of funds apportioned for the
items, and allocated under those sections, to the State for
fiscal year 1997.
(3) Use of funds.--Amounts apportioned to a State under
subsection (a) attributable to sections 1103 through 1108 of
the Intermodal Surface Transportation Efficiency Act of 1991
shall be available to the State for projects eligible for
assistance under chapter 1 of title 23, United States Code.
(4) Administration.--Funds authorized by the amendment made
by subsection (d) shall be administered as if they had been
apportioned, allocated, deducted, or set aside, as the case
may be, under title 23, United States Code; except that the
deduction under section 104(a) of title 23, United States
Code, the set-asides under section 104(b)(1) of that title
for the territories and under section 104(f)(1) of that title
for metropolitan planning, and the expenditure required under
section 104(d)(1) of that title shall not apply to those
funds.
(c) Repayment From Future Apportionments.--
(1) In general.--The Secretary shall reduce the amount that
would, but for this section, be apportioned to a State for
programs under chapter 1 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 that is apportioned to each State under
subsection (a) and section 5(f) for each such program.
(2) Program category reconciliation.--The Secretary may
establish procedures under which funds apportioned under
subsection (a) for a program category for which funds are not
authorized under a law described in paragraph (1) may be
restored to the Federal-aid highway program.
(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.--
``(1) In general.--There shall be available from the
Highway Trust Fund (other than the Mass Transit Account) to
carry out section 2(a) of the Surface Transportation
Extension Act of 1997 $5,500,000,000 for the period of
November 16, 1997, through January 31, 1998.
``(2) Special rule.--Funds apportioned under subsection (a)
shall be subject to any limitation on obligations for
Federal-aid highways and highway safety construction
programs.
``(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 $15,460,000 for the period of January 26, 1998,
through January 31, 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) In general.--Subject to paragraph (2), after the date
of enactment of this Act, the Secretary shall allocate to
each State an amount of obligation authority made available
under the Department of Transportation and Related Agencies
Appropriations Act, 1998 (Public Law 105-66) that is--
(A) equal to the greater of--
(i) the State's unobligated balance, as of October 1, 1997,
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
(B) not greater than 75 percent of the State's total fiscal
year 1997 obligation authority for funds apportioned for the
Federal-aid highway program.
(2) Limitation on amount.--The total of all allocations
under paragraph (1) shall not exceed $9,786,275,000.
(3) Time period for obligations of funds.--
(A) In general.--Except as provided in subparagraph (B), a
State shall not obligate any funds for any Federal-aid
highway program project after May 1, 1998, until the earlier
of the date of enactment of a multiyear law reauthorizing the
Federal-aid highway program or July 1, 1998.
(B) Reobligation.--Subparagraph (A) shall not preclude the
reobligation of previously obligated funds.
(C) Distribution of remaining obligation authority.--On the
earlier of the date of enactment of a law described in
subparagraph (A) or July 1, 1998, 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).
(D) Contract authority.--No contract authority made
available to the States prior to July 1, 1998, shall be
obligated after that date until such time as a multiyear law
reauthorizing the Federal-aid highway program has been
enacted.
(4) Treatment of obligations.--Any obligation of an
allocation of obligation authority made under this subsection
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).
[[Page S12451]]
SEC. 3. TRANSFERS OF UNOBLIGATED APPORTIONMENTS.
(a) In General.--In addition to any other authority of a
State to transfer funds, 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, before,
on, or after the date of enactment of this Act, granted to
the State for any program under section 410 of that title
before, on, or after such date of enactment, or allocated to
the State for any program under chapter 311 of title 49,
United States Code, before, on, or after such date of
enactment, 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 a program under
section 133 (other than subsections (d)(1) and (d)(2)) of
title 23, United States Code, 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 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
not authorized may be restored to the Federal-aid highway,
highway safety, and motor carrier safety programs.
(3) Limitation on statutory construction.--No provision of
law, except a statute enacted after the date of enactment of
this Act that expressly limits the application of this
subsection, shall impair the authority of the Secretary to
restore funds pursuant to this subsection.
(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 to
pay those expenses not to exceed $60,000,000 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 $158,500,000 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, and shall be subject to any
limitation on obligations for Federal-aid highways and
highway safety construction programs.
(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 $47,000,000 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, and shall be subject to any
limitation on obligations for Federal-aid highways and
highway safety construction programs.
(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, and shall be subject to any
limitation on obligations for Federal-aid highways and
highway safety construction programs.
(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, and such funds shall be subject to any
limitation on obligations for Federal-aid highways and
highway safety construction programs.''.
(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, and such funds shall be subject to
any limitation on obligations for Federal-aid highways and
highway safety construction programs.''.
(f) Metropolitan Planning.--
(1) Authorization of contract authority.--
(A) In general.--There shall be available from the Highway
Trust Fund (other than the Mass Transit Account) to carry out
section 134 of title 23, United States Code, $78,500,000 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, and shall be subject to any
limitation on obligations for Federal-aid highways and
highway safety construction programs.
(2) Distribution of funds.--The Secretary shall distribute
funds authorized under paragraph (1) to the States in
accordance with section 104(f)(2) of title 23, United States
Code.
(g) Territories.--Section 1003 of the Intermodal Surface
Transportation Efficiency Act
[[Page S12452]]
of 1991 (105 Stat. 1918) (as amended by subsection (b)) is
amended by adding at the end the following:
``(f) Territories.--
``(1) In general.--In lieu of the amounts deducted under
section 104(b)(1) of title 23, United States Code, there
shall be available from the Highway Trust Fund (other than
the Mass Transit Account) for the Virgin Islands, Guam,
American Samoa, and the Commonwealth of the Northern Mariana
Islands $15,000,000 for the period of October 1, 1997 through
March 31, 1998.
``(2) Contract authority.--Funds authorized under this
subsection shall be available for obligation in the same
manner as if the funds were apportioned under chapter 1 of
title 23, United States Code, and shall be subject to any
limitation on obligations for Federal-aid highways and
highway safety construction programs.''.
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)--
``(A) in paragraph (1), by adding at the end the following:
`` `(F) $1,328,400,000 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) $1,131,600,000 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).'.''.
SEC. 9. EXTENSION OF TRUST FUNDS FUNDED BY HIGHWAY-RELATED
TAXES.
(a) Highway Trust Fund.--Section 9503 of the Internal
Revenue Code of 1986 (relating to Highway Trust Fund) is
amended--
(1) in subsection (c)--
(A) in paragraph (1)--
(i) by striking ``1997'' and inserting ``1998''; and
(ii) by striking the last sentence and inserting the
following new flush sentence:
``In determining the authorizations under the Acts referred
to in the preceding subparagraphs, such Acts shall be applied
as in effect on the date of the enactment of this
sentence.'';
(B) in paragraph (4)(A), by striking ``1997'' and inserting
``1998'';
(C) in paragraph (5)(A), by striking ``1997'' and inserting
``1998''; and
(D) in paragraph (6)(E), by striking ``1997'' and inserting
``1998''; and
(2) in subsection (e)(3)--
(A) by striking ``1997'' and inserting ``1998'', and
(B) by striking all that follows ``the enactment of'' and
inserting ``the last sentence of subsection (c)(1).''
(b) Aquatic Resources Trust Fund.--Section 9504(c) of the
Internal Revenue Code of 1986 (relating to expenditures from
Boat Safety Account) is amended by striking ``April 1, 1998''
and inserting ``October 1, 1998''.
(c) National Recreational Trails Trust Fund.--Section
9511(c) of the Internal Revenue Code of 1986 (relating to
expenditures from Trust Fund) is amended by striking ``1997''
and inserting ``1998''.
(d) Effective Date.--The amendments made by this section
shall take effect on October 1, 1997.
Mr. CHAFEE. Mr. President, I am pleased to announce that the Senate
and House have reached an agreement to continue funding for the
Nation's Federal-aid highway, safety and transit programs. The Surface
Transportation Extension Act of 1997 will keep our transportation
system up and running. It will give States the flexibility they need to
continue transportation planning and construction activities until a
permanent reauthorization of the Intermodal Surface Transportation
Efficiency Act [ISTEA] is enacted, hopefully early next year.
The Senate-House agreement provides $9.7 billion of obligation
authority--money States actually can spend. This $9.7 billion in
spending authority is distributed according to the structure provided
in S. 1454, the Senate-passed extension bill, which we passed this
month. Each State is guaranteed at least 50 percent of its previous
year's limitation to spend on any transportation project or program. To
keep the States on an equal footing, however, no State may spend more
than 75 percent of its 1997 spending limitation.
As you might know, one of the major concerns we had with the 6-month
extension bill passed by the House was its formula structure. By
adopting the spending structure in the Senate bill, we have avoided the
contentious fight over formulas that would have prevented us from going
forward had we adopted the House formulas.
Another important feature of the Senate-passed bill we have agreed to
preserve is the flexibility provision. Under current law, the States
are restricted in using their unobligated balances across Federal-aid
highway, transit and safety categories. The Senate-House agreement
allows the States to spend their balances on any Federal-aid highway,
transit or safety 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 must restore the transferred funds back to
these programs when the long-term reauthorization bill is enacted.
The Senate-House agreement preserves the Federal commitment to
[[Page S12453]]
safety by funding key ISTEA safety programs. This is a very important
part of our legislation. In the United States, there are more than
40,000 fatalities and 3.5 million collisions on our highways every
year. The measure before us will help ongoing efforts to reverse this
disturbing trend. Funds are provided to enable the Motor Carrier Safety
Assistance Program, the State and Community Safety Grant Program, the
National Driver Register, and the Alcohol Impaired Driving
Countermeasures Program.
The federal transit discretionary and formula programs will receive
the funds they need.
The Senate-House agreement will provide funds for the Federal Highway
Administration to continue its operations and to assist the States in
running their transportation programs. Without the measure before us,
the Federal Highway Administration would have shut down in January and
3,600 employees would have been sent home because we lack the ability
to pay them.
The Senate-House agreement extends the transfer of funds from the
highway trust fund to the aquatic resources trust Fund to be used for
sport fish restoration and boating safety programs.
The bill also will provide funds necessary for our local
transportation planners, the metropolitan planning organizations, to
continue their work.
The agreement also provides $5.5 billion in new contract authority,
which will be distributed proportionately according to the structure in
the Senate-passed bill. I want to make it clear that this new contract
authority will not affect the overall spending limitation of $9.7
billion provided in the agreement.
Let me add that we will have the opportunity next year to enact a
long-term ISTEA reauthorization that will set the comprehensive
transportation policy necessary to take us into the next century.
The majority leader has assured me that the ISTEA II bill--in other
words, the one that we will be considering next year, that we have
already had on the floor but regrettably we weren't able to get to it
for longer--that the bill which was reported out of the Environment and
Public Works Committee 7 weeks ago will be the first item before the
Senate when we reconvene in January.
That is the statement of the majority leader.
In the meantime, the Senate-House agreement will keep the State and
Federal transportation programs running. It will ensure that no highway
contractors will be put out of work because of lack of Federal dollars.
And it will continue funding for vital safety and transit programs.
Moreover, it will keep the momentum going to enact the 6-year bill
early next year.
Before closing, Mr. President, I want to give special recognition to
Senator Bond, who was instrumental in making sure that we addressed
these important issues before going home for the year. Senator Bond did
yeoman work on this program, as did Senator Warner and Senator Baucus,
both of whom are on the floor. And I personally thank them for their
diligent and constructive work on this program.
I also wish to thank the majority leader for all of his help. He was
a steadfast ally in assuring that this work would be completed.
Further, Mr. President, the staff of all members have been
tremendously helpful. Jimmie Powell, Dan Corbett, Tom Sliter, Linda
Jordan, Cheryle Tucker, Kathy Ruffalo, Ann Loomis, Ellen Stein, Tracy
Henke, and Keith Hennessey of Senator Lott's staff, every single one of
them have done yeoman's work in connection with getting this bill in
the shape it is now, and all of us join in thanks to each and every one
of them.
I thank the Chair.
Mr. WARNER addressed the Chair.
The PRESIDING OFFICER. The Senator from Virginia.
Mr. WARNER. Mr. President, I have known Senator Chafee since 1969,
when we served together in the Department of the Navy. One of the
hallmarks of this great American is humility, and he always displays
it. But we know that in the final few hours here it has been our
chairman, John Chafee, who has struck the final chords of negotiation
and coordinated with our distinguished leader, Mr. Lott, and was able
together in consultation with Senator Baucus, myself, and Senator Bond
to fashion the final portion of this interim highway measure.
So we thank the chairman, indeed, the staff and all, and again our
distinguished leader. I have now served under three leaders, and
Senator Lott has the ability to tell a chairman to go get the job done.
If necessary, you can contact me. Otherwise, I trust you. He
effectively runs the Senate, certainly on our side of the aisle, with
that type of strong leadership and confidence in which he imposes on
chairmen and members to do the job.
I think we have done the job for both sides. It has been a bipartisan
effort. As a committee chairman, it is a privilege for me to have the
distinguished senior Senator from Montana [Mr. Baucus], as my ranking
member on the subcommittee which he takes on in addition to his overall
responsibilities as ranking member on the full committee.
It is interesting; the three of us, in guiding through the principal
bill, ISTEA II, the 6-year bill, have been really working in concert as
a triumvirate all along in fashioning this important piece of
legislation.
Mr. President, the distinguished chairman went over the various
provisions here--flexibility whereby the States are allowed to spend
unobligated balances for highway construction, highway safety and
transit projects, and, second, continues transportation programs. Every
State will have 50 percent of their 1997 allocation to continue highway
spending. This is a unique formula. Recognizing that this Chamber was
not going to pass a 6-month bill as sent over by the House, Mr. Bond,
of Missouri, came forward with this basic blueprint which then the four
of us crafted, and it took a lot of give and take to craft it in such a
way that we did not restore the formula--no formula fight at this point
in time.
I do not call it a formula fight. I just call it a formula resolution
because eventually we are going to have to resolve this formula thing,
and we will do it. But thus far this bill, this particular Bond bill
preserves the flexibility for the Senate to continue with the ISTEA II
bill which is a bill that I term fair. Fairness is the hallmark of all
of our work that has gone into the ISTEA II 6-year bill which hopefully
we will pass in large measure as currently structured by our committee,
but it is a formula which is fair, and that is the thing that was so
lacking in ISTEA I.
New funds for critical programs; continues funding the Federal
Government for 6 months for essential safety, transit and Federal
highway operations. Three thousand five hundred jobs were held in
abeyance and still are until the President's signature is affixed to
this piece of legislation.
Now, they are the persons not only here in the Nation's Capital but
each of the 50 States, in the highway offices, who day in and day out
through good weather and bad weather, through one administration in the
State and the next administration, are there as professional advisers
on the very important obligation that all of us have to modernize and
to continue to improve America's highway infrastructure.
A major change from the Bond bill provides $5.5 billion in new
contract authority to the States using the Senate's approach. Now, that
is a large measure we should acknowledge came from the House of
Representatives under the leadership of their chairman and ranking
member. And Mr. Chafee, Mr. Baucus, Mr. Bond, and I have met with them
the past several days. That was something they felt very strongly
about, and it is the result of a compromise. They fought very hard in
some instances to make some modifications for States which deservedly
should have some additional recognition. It was the judgment of those
of us certainly on this side that we could not in this bill at this
time begin to single out some of those hardship cases, but their rights
to reassert those hardship cases for several States are preserved under
this bill for the 6-year bill next year. These funds are an advance to
the States. These funds will be counted as part of each State's formula
until the final bill is done.
So that in substance concludes my remarks, Mr. President. It is
really just so pleasing for us, after such a
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long struggle, to preserve this infrastructure so that the jobs can
continue. All over America, literally millions of jobs depend on the
passage of this piece of legislation. And the several Governors I think
can say to themselves that they have had a strong influence on this
bill, all 50, one way or another together with their respective
secretaries of transportation and the officials in that State who have
in them the responsibility for transportation.
I think, all in all, we have done a good job.
The PRESIDING OFFICER. The Senator from Montana.
Mr. BAUCUS. Mr. President, I will not comment on the specifics of the
short-term bill. They have been adequately described by the very
distinguished chairman of the committee, Senator Chafee, of Rhode
Island, as well as the distinguished chairman of the subcommittee,
Senator Warner.
I do have a couple of points I want to make which I think are very
important. No. 1, this is a true compromise. We in this body suggested
$500 million in new contract authority. The House originally suggested
about $12 billion in new contract authority for next year. We have
compromised on $5.5 billion in new contract authority, and we have done
it in a way which does not get into new formulas. The Senate has its
formula certainly in the 6-year bill it passed. The House has their
formula approach.
This short-term bill is a compromise in the amounts of the contract
authority, but in a way that does not get into formulas. I think that
is very fair, again reminding Senators that about $9.7 billion will be
available May 1.
The second point is this will allow States to have continuity in
their highway programs. Contractors, highway commissions, employees,
guys in the various labor unions, men and women who actually do the
work here are very worried about whether we will have continuity,
whether the program will continue, whether States will be able to let
bids and accept bids and set up new projects. This bill, the short-term
bill, maintains the continuity until we get over into a full 6-year
bill, which I hope we pass early next year.
Senator Lott suggested that we will take up the 6-year bill as the
first order of business after the State of the Union Address next year,
and I am very hopeful the House will also act very quickly.
Another point is that even though we are somewhat congratulating
ourselves in working with the other body in passing this short-term
bill, we have to remember that the major challenge is still before us.
It is passing that 6-year bill. I urge all my colleagues as well as
Members of the other body to be ready to roll up their shirt sleeves
the beginning of next year to work very hard to get this 6-year bill
passed so then States will truly be assured of continuity.
I particularly wish to thank Members of the other body, the chairman
of the House Committee, Mr. Shuster of Pennsylvania, also Mr. Oberstar,
who is the ranking member of the full committee, Mr. Petri and also Mr.
Rahall. The four of them met with us, and I very much compliment them
because they worked very cooperatively with Senators Chafee, myself,
and Senator Warner in figuring out this short-term solution. Sometimes
negotiations between this body and the other body get a little
protracted and unnecessarily so. That was not the case here. The
Members I mentioned worked very hard and worked very well together. I
thank them very much for all that they have done. This is a good
compromise. It provides flexibility and it is something we can proudly
pass, so long as we remember that next year we have major work ahead of
us.
I particularly wish to thank our outstanding staff: Jimmie Powell,
Dan Corbett, as well as Linda Jordan, and Cheryle Tucker, who are with
Senator Chafee's staff, worked extremely effectively and hard, Ann
Loomis and Ellen Stein with Senator Warner, and Tracy Henke, the voice
of Senator Bond. She is very, very good. I was very impressed with her
in these negotiations. And two members of my own staff, of course,
Kathy Ruffalo and Tom Sliter. I will not say they are better than the
others, but they are very, very good. We have a good team, and we work
very well together. I was really struck with just how closely we have
been working together. Senator Warner and Senator Chafee have alluded
to it, but it is also at the staff level. It is cooperation and it is
teamwork which I very much look forward to as we work out the 6-year
bill next year.
I thank the chairman and I thank the chairman of the subcommittee.
I yield the floor.
Mr. ABRAHAM addressed the Chair.
The PRESIDING OFFICER. The Senator from Michigan.
Mr. ABRAHAM. I thank the Chair.
I would like to just comment on the legislation which we are passing
here, the 6-month extension of the highway legislation. I compliment
all of the Members on this side who have been involved in these
negotiations for their success in bringing about a short-term
extension.
As one of the numerous Members here who has been in correspondence as
well as in conversation with the leadership on this issue for the last
several weeks urging a short-term extension, I am pleased that we have
reached one. As I think all of the participants know, last week when
the first effort along these lines was undertaken, I offered, or
attempted to offer as a substitute, to actually call up the bill which
had been passed, Representative Shuster's bill, H.R. 2516. That
legislation from the standpoint of my State would have provided more
funds, much needed funds for our State of Michigan over the next 6
months, and I had hoped that perhaps we could have that legislation
fully considered as part of this process. An objection was raised, and
I understand the reasons for it, and consequently we did not have the
opportunity to actually vote on the House legislation. Had we had that
chance, I would have voted to support it, which is the reason I sought
to bring it to the floor.
Nevertheless, moving forward with an extension of one sort or
another--as long as it begins to move us in a direction, from
Michigan's perspective, of fairness and equity with regard to
transportation dollars--was important for us to accomplish for several
reasons. First, because highway planning and construction need some
sort of legislative framework in which to operate. In my State of
Michigan, highway commissioners and contractors are now in a position
to begin planning for next year's construction season. In addition, of
course, it is vitally important that highway and trucking safety
programs are provided the necessary funding to continue operating as
well. In addition, this short-term extension does provide new funding
for my State, funding which is at a level greater than that which we
are used to under the current ISTEA formula that has been in effect in
recent years.
Finally, the legislative extension provides a deadline of July 1 for
us to pass follow-on legislation to ISTEA. That, in my judgment, will
level the playing field during the legislative process and take away
the incentives for some States with high levels of unobligated balances
to engage in delaying and other types of dilatory tactics in order to
force donor States to continue to operate under the old deal, which was
a bad deal.
Let me also speak specifically about this legislation's impact on
Michigan and our funding levels. Under the legislation passed here
today, Michigan will receive $163 million in additional contract
authority. This will provide Michigan with a total of $380 million in
highway funds through May 1, or $650 million on an annual basis. This
is $135 million more than Michigan averaged under ISTEA and $130
million more than we would have received under the original Senate
formula that was proposed last week.
So I thank and compliment our Senate participants here, the
leadership of the Environment and Public Works Committee, as well as
the Subcommittee on Transportation and Public Works for the movement
that has taken place since last week. This definitely, from the
standpoint of Michigan, is a good start. But I want to stress that I
see it as a good start, not the end of the story, as the Senator from
Montana just indicated. There is much more to be done. A full 6-year
bill is now the next item for us to consider with respect to
transportation funding. Apparently it will be at the beginning of next
year's session that we take up that 6-year plan. So I intend to
continue working, as I have
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worked during this process, to ensure that Michigan's return on gas tax
dollars is more equitable than it has been in the past.
Michigan is 1 of the 21 donor States. We have traditionally received
back as little as 69 cents for every dollar of gas tax we have sent to
Washington. Our high-water mark is usually, at the best, in the 90-
cents-back-per-dollar-sent-to-Washington range. But that doesn't happen
very often.
As a result, the roads, the bridges and the other projects that fall
under this legislation in our State have been dramatically underfunded.
At the State level, action has been taken this year to provide more
funding through an increase in the State gas tax to address in part
these problems. But it is equally clear that, unless more funding is
made available to Michigan from the Federal level, we will not be able
to meet all of our transportation obligations as we move into the next
century. The reason we are not receiving the level that we should is a
result of the formulas that have been in place and the various other
sorts of projects that have been in place during recent years.
So I stand here today to indicate my continued vigilance on this
issue, my continued willingness to work with all of the Members on the
Senate side, and anyone on the House side as well who will be
participating in this process, for the purpose of securing Michigan its
fair share. For too long we have been sending more highway dollars,
more gas tax dollars to Washington than we have been receiving back.
That has hurt our State. It is time for that to change. So we will
continue the effort. I look forward to working with Senators Chafee and
Warner and Baucus and others.
In the remarks of the Senator from Virginia, he mentioned certain
hardship States. I don't think the term ``hardship'' could be more
applicable than it is to the State of Michigan. We suffer from the fact
that our Interstate System is 7 years older on average than the rest of
the country's. We have, as a result of the climate and the cold weather
that we confront in our winters, far more seasonal challenges than most
States must face.
For all of these reasons, combined with the fact that we have been a
donor State, we do not have the infrastructure transportation system
that the citizens of our State deserve. So this Senator will continue
to work to ensure, when the final decisions are made and when the ISTEA
package for 6 years into the future is ultimately resolved, that it
reflects Michigan's needs, the hardships we have worked under, and the
legitimate requirements that we have to address our economic and
transportation challenges in the future.
I yield the floor.
The PRESIDING OFFICER. The Senator from Rhode Island.
Mr. CHAFEE. Mr. President, the Senator from Michigan mentioned that
he was going to be vigilant. I can assure everybody within range he has
been vigilant, continuously, on this legislation. As a matter of fact,
I have not quite gotten to the situation where, when I see him coming
down the hall, I will duck into a nearby doorway, but he has pressed
Michigan's case very, very strongly. When he assures us that he is
going to continue that vigilance, I am not sure I look forward to that
with the greatest of pleasure.
Nonetheless, he argues his case very, very well in behalf of
Michigan, and I am sure he will continue that vigorous presentation in
the future. So I thank him because he does present his arguments well,
and that is very, very helpful.
Mr. ABRAHAM. Will the Senator from Rhode Island yield? I would just
like to thank the Senator from Rhode Island, as I said. While I know I
have been a frequent visitor to his doorstep and to those of the other
Members here, he consistently and very graciously listened to our case,
and we look forward to working with him and thank him for his
consideration and his willingness to work with us.
Mr. CHAFEE. Mr. President, the Senator from Montana was so right in
recognizing the cooperation of the Members of the House. I worked with
them, as did the other Members. Several times we had meetings,
telephone calls with Representative Shuster, the chairman of the
counterpart committee in the House, Representative Petri,
Representative Oberstar, and Representative Rahall. All of them were
very helpful. Obviously, you cannot get a compromise unless you get the
other side to join in the compromise. Fortunately, they were helpful in
achieving that.
Mr. President, also, when I listed the staff members that we worked
so closely with, I omitted Brian Riley from the Budget Committee, who
was extremely helpful to us. His knowledge and expertise were very,
very useful.
Mr. LEVIN. Mr. President, I would like to engage in a brief colloquy
with the distinguished chairman of the Subcommittee on Transportation
and Infrastructure regarding the bill we have before us.
Does this bill extend or otherwise reauthorize the inequitable
formulas that were part of ISTEA?
Mr. WARNER. Only insofar as the fiscal year 1997 allocations are a
reflection of the formulas that were operating in the final year of
ISTEA. However, this bill is formula neutral. We are simply allowing
States to use a portion of their unobligated balances with a nominal
amount of new contract authority. This will not and should not change
any States' relative bargaining position when we finally act on a
longer-term authorization bill which provides new obligation authority
to the States for fiscal year 1998 and beyond.
Mr. LEVIN. Is there anything in this bill that would prejudice
efforts later in this Congress by me and other Senators from donor
States to seek more equitable treatment for our States than we received
under ISTEA, such as in Senate amendment No. 1376, which I offered on
October 27.
Mr. WARNER. No. This is simply a stopgap measure to allow Federal
Highway Administration, safety and transit programs, and to distribute
limited highway obligation authority to the States so these important
transportation programs can continue, albeit at a minimum level.
Formula changes could occur next year and it is our intent they be
retroactive.
Mr. LEVIN. Lastly, I understand that any contract authority
distributed through this bill to a State will be subtracted from each
State's allocation in fiscal year 1998 and later. Could the Senator
comment on that statement?
Mr. WARNER. The Senator is correct. Though this bill cannot bind the
outcome of the multi-year bill, we have an agreement that any contract
authority distributed to a State will count against the amount that
that state will be authorized to receive in fiscal year 1998 and
beyond.
Mr. LEVIN. I thank the Senator for his assistance, and his continuing
hard work on behalf of a fairer highway funding formula.
Mr. MOYNIHAN. Mr. President, Senators Chafee, Bond, Warner, and
Baucus are to be commended upon their successful negotiations with the
House to produce a short-term extension to the Intermodal Surface
Transportation Efficiency Act [ISTEA] of 1991. This bill will provide
the States with the necessary funding while Congress completes its
consideration of a 6-year authorization bill early next year.
I am pleased that the agreement authorizes the States to spend up to
$9.7 billion in highway funds and up to nearly $3 billion in transit
funds over the next 7 months. The bill also provides an additional $5.5
billion in advance contract authority for the future continuation of
our highway program.
The bill provides States with flexibility to transfer money among
program categories. The Secretary of Transportation is required to
ensure, however, that all transferred funds be restored to their
original intended use once a long-term bill ISTEA is passed. I intend
to join with my colleagues to make sure that the Secretary faithfully
carries out this directive and that none of ISTEA's key environmental
programs, like CMAQ and Enhancements, will suffer because of the
flexibility granted in this measure. The bill also provides $78.5
million directly to the metropolitan planning organizations, so they
will not be adversely affected by this flexibility provision.
New York will be apportioned $325 million in new highway funds and
$380 million in transit funds. With its existing balances, New York
will be able to spend nearly $900 million over the next half year on
transportation. I am confident that with this measure, New
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York will be able to maintain its highway and transit construction
program over the short term.
I am concerned, however, that come May, the House and Senate will
still not be close to agreement and we will face the need to pass
another short-term measure. It is essential that the process for
passing any future ISTEA extensions be inclusive and address the needs
of the transit program, which, unlike highways, will have almost no
unobligated balances by May. ISTEA's goal was to create an intermodal
transportation system and I will fight any attempt to divorce highway
needs from transit needs.
Mr. President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. LOTT. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________