[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

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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

[[Page S12454]]

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

[[Page S12455]]

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.

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