[Congressional Record Volume 144, Number 4 (Monday, February 2, 1998)]
[Senate]
[Pages S249-S250]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                       SCHEDULING THE ISTEA BILL

  Mr. BAUCUS. Mr. President, I rise, with all due respect, to ask the 
majority leader to reconsider the schedule which he has set so that we 
take up the Intermodal Surface Transportation Act, otherwise known as 
ISTEA, right away rather than deferring it as presently seems to be the 
case. I say this because our States, contractors, all of our people who 
depend on highways, very much depend upon the Congress to reauthorize 
the highway bill. Unfortunately, we have yet to do that.
  The current program, as we know, expired last year on September 30. 
However, despite the fact that the Senate Environment and Public Works 
Committee favorably reported a six-year reauthorization in October, 
neither the full Senate or the House considered it. Instead, we were 
forced to pass a temporary, stopgap, 6-month extension, which expires 
May 1.
  Mr. President, if the current schedule holds, that is, if the highway 
bill is not brought up until after the budget resolution, there is a 
strong possibility that Congress may not pass a highway bill until 
shortly before it adjourns this year, which is in October.
  That result would be totally unacceptable. It would be unacceptable 
to our people, to our contractors, and to our highway workers. And it 
would be unacceptable to me. Frankly, it would not be a responsible way 
to conduct our Nation's business. Senators should understand just how 
long it takes a

[[Page S250]]

State highway commission and contractors to plan these projects. It 
certainly requires months and in many cases it takes years. 
Furthermore, State legislatures must set their budgets so they can come 
up with the funds to match the Federal highway funds. This takes time, 
especially if a legislature meets once every two years. Transportation 
projects are not something you just turn on and turn off like a spigot. 
Our current course is very disruptive.
  All this is critically important because States cannot obligate funds 
for highways unless obligation authority is provided by law. Our 
current 6-month extension expires May 1. After May 1, States will be 
unable to enter into contracts for their highway programs. That will 
bring hundreds of projects to a stop, with the resulting loss of jobs.
  We might ask, Why doesn't Congress pass another short-term extension? 
First, that is an on-again-off-again way of doing business. No business 
would operate like that. And government shouldn't either. We are 
playing with people's livelihoods if we continue this ``on-again-off-
again,'' strategy by passing a series of short term extensions.
  Second, there is no guarantee that Congress can easily pass another 
short-term extension. That's because it would probably take unanimous 
consent in the Senate so that we limit amendments. We know some states 
like the current formula and others like the new formula. As we get 
closer to the election, it will be increasingly difficult to get 
Senators to refrain from offering amendments to change the formula. I'm 
sure most of my colleagues can appreciate how incredibly difficult it 
would be to quickly pass another simple extension under those 
circumstances. And even if we could, it would be continuing a bad on-
again-off-again policy.
  We have only 49 days in session until May 1. The bill is going to 
take a couple or three weeks in the Senate. The House must pass its 
version of the bill. Then we have to go to conference. That is a lot to 
do in just 49 days. So it is all the more reason to start as soon as we 
can in the Senate.
  Furthermore, we don't have a lot of business before us right now. 
There is nothing that is so urgent, except the highway bill. The 
highway bill is urgent. It is just common sense that if something is 
both important and urgent, we should be devoting our attention to it. 
Well, the ISTEA legislation is both urgent and important. We should 
take it up now, not later.
  I know the majority leader has lots of competing considerations here. 
One is the budget and how to handle the expected surplus. Should we pay 
off the debt? Lower taxes? Increase spending for priority programs? 
Secure Social Security and Medicare? Invest in our transportation 
infrastructure? I understand the argument that some are making: Let's 
put the highway bill off so we do it all together, all at once. The 
problem with that is very simple, it means we will probably not have a 
highway bill until September. And in the meantime, we will be hamstrung 
with formula fights and other issues on short-term extensions. As I 
said before, we all know the closer we get to the end of this year, to 
elections, the more difficult it is because then the formula fights 
among States become more real.
  I think there are ways to work this out. Basically, we have to sit 
down with people on both sides of the argument here and find some way 
to resolve this to get the highway bill up.
  I also might add that this is not just a highway bill. It is a mass 
transit bill. For those people in our country who live in the more 
populated States where mass transit is more important than it is in 
more rural States like Montana where I come from, they must know the 
transit legislation is an integral part of the ISTEA bill.
  Mr. President, how much time do I have?
  The PRESIDING OFFICER. Actually, the Senator's 5 minutes have 
expired.
  Mr. BAUCUS. Mr. President, may I have 2 more minutes?
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. BAUCUS. Mr. President, it is highways that are being postponed; 
it is transit being postponed; it is all the safety programs that are 
in the highway bill that are being postponed; it is the intermodal 
connections. My friend Senator Moynihan is the father of the ISTEA 
bill. All his good work will be on hold until we can reauthorize the 
program. Senator Dorgan has been very helpful in this matter, as has 
Senator Byrd, Senator Gramm, Senator Warner--many of us want the 
highway bill up now. Our basic point is let's just bring it up now 
while we have the time. Otherwise we are going to be caught in a 
situation where delay upon delay means the ISTEA bill is not 
reauthorized until September or October.
  So I close by asking the majority leader to again look at the 
consequences of delaying the highway bill and to reconsider his 
decision, because this is a very, very serious matter and I hope we can 
find a way to avoid these kinds of disruptions. I am willing to work 
with the leadership, with Senators Chafee and Warner, and other members 
to accomplish that objective. I yield the floor.
  Mr. GRAMM addressed the Chair.
  The PRESIDING OFFICER. The Senator from Texas.
  Mr. GRAMM. Mr. President, I ask unanimous consent that I might speak 
for 7 minutes.
  The PRESIDING OFFICER. Without objection, it is so ordered.

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