[Congressional Record Volume 144, Number 6 (Wednesday, February 4, 1998)]
[Senate]
[Pages S342-S343]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                            THE HIGHWAY BILL

  Mr. BYRD. Mr. President, the Intermodal Surface Transportation 
Efficiency Act reauthorization, ISTEA--in other words, the highway 
bill--sets the authorization levels for the current fiscal year and the 
next 5 years for our Federal highway construction, bridge, highway 
safety, and transit programs. When the Senate found itself unable to 
complete action on S. 1173 at the end of the last session, it was 
necessary to pass a short-term extension bill to tide these programs 
over from October of last year until May 1, 1998. I supported that 
short-term extension measure, but I did so with the understanding from 
the distinguished Senate majority leader, and others in the leadership, 
that ``immediately following the President's State of the Union 
Address,'' the Senate would return to the highway reauthorization bill.
  It now appears that things have changed and that the distinguished 
majority leader is being urged by a handful of Senators to delay action 
on it and not bring up ISTEA until after Congress completes action on 
the fiscal year 1999 budget resolution. Mr. President, as one who has 
been majority leader, I can understand the pressures that are upon our 
own distinguished majority leader at this time with reference to the 
highway bill. I have had discussions with the able majority leader, and 
prior to the reconvening of the Senate, I had the pleasure of talking 
with the majority leader in my office. He showed me the courtesy of 
coming to my office, and we sat for 30 minutes and discussed this 
measure and other matters. I can understand the pressures that are on 
him from other Senators in this body. Having been majority leader, I 
know that one cannot please all Senators on his own side, much less 
Senators on the other side of the aisle. I am fully aware of that. And 
what I say with respect to the bill certainly is not in denigration of 
our majority leader. I have an excellent relationship with him, as I do 
with my own leader on this side of the aisle, and I would not want to 
do anything to impair that relationship.
  But, Mr. President, having said that, this would be a very 
shortsighted approach to handling one of the most important matters to 
come before this Congress--the highway bill. I understand that the very 
able chairman of the Budget Committee, Mr. Domenici, has expressed his 
hope and intention to proceed quickly with his hearings and the markup 
of the budget resolution. As Senators are aware, Section 300 of the 
Congressional Budget Act sets a date of April 1 as the deadline for the 
Senate Budget Committee to report the budget resolution each year. The 
Congressional Budget Act requires Congress to complete action on budget 
resolutions every year by April 15.
  I was here, Mr. President, when we enacted the Congressional Budget 
Act of 1974, and I spoke for it, supported it, and had a considerable 
bit to do with the formulation of it. But in all of the years since the 
Congressional Budget Act of 1974, Congress has met the deadline for 
completing action on budget resolutions only 3 times. Those 3 years 
were fiscal years 1976, 1977 and 1994.

  I say to all Senators, but particularly to the leadership, that this 
is not a very good record upon which to base our hopes for early 
completion of the fiscal year 1999 budget resolution. Yet, that's what 
the plan appears to be, as it relates to the highway bill. As I say, I 
implored, I importuned, I beseeched, I pleaded with the distinguished 
majority leader before this session was convened and urged that we be 
allowed to bring up the highway bill. That was the commitment that was 
made. It was made to the Senate, it was made to the American people. As 
I say, I know the majority leader has a lot of pressures on him, and I 
can understand those, having been majority leader. So I am not going to 
be one to criticize the majority leader in this respect. Heavy and 
uneasy is the head that wears the crown.
  We are being told we should just be patient and our State highways 
and transit authorities should not worry. We'll get around to enacting 
the ISTEA bill after the budget resolution is finished. Mr. President, 
that places our State highway departments in an extremely precarious 
and uncertain position as they struggle to continue, without 
interruption, the Nation's critically important highway construction, 
bridge construction and repair, highway safety and transit programs.
  Now, every highway department is being put into that position. How 
can we be sure that the budget resolution will be completed at all, 
much less by the April 15 statutory deadline? Eventually, it will be 
completed, but how can we be sure that it will be finished in time to 
meet that deadline? In the past 25 years, Congress has only met that 
deadline three times, as I have already indicated. On all other 
occasions, the deadline was missed, sometimes by months, as it was in 
fiscal year 1985 when the budget resolution was not completed until 
October 1, 1984; and for fiscal year 1991, when the budget resolution 
was not completed until October 9, 1990.
  But even if it is passed, how can we afford to wait until that 
deadline? How can we afford to wait until April? How can we afford to 
wait until April 15 to bring up the highway bill? Construction seasons 
are upon us. Construction seasons in the northern States, in 
particular, are going to be constricted.
  If the leadership continues to hold up the ISTEA bill, I am concerned 
that Congress will not be able to act on a new highway bill prior to 
the statutory deadline now in existence for the obligation of highway 
and transit funds. How many more days do we have, Mr. President until 
May 1? May 1 is the drop-dead date with respect to highway 
obligations--new obligations by the highway departments throughout this 
country. May 1. How many more days remain? We don't count Saturdays and 
Sundays, naturally. But only 41 session days remain. Only 41 session 
days when the Senate will be in session. The States will hit the 
spending walls for highway transfer funding on May 1. I assure all 
Senators that we will hear from the American people if we continue to 
ignore the basic transportation needs of this Nation in such a cavalier 
fashion. The disruption of these transportation projects will be 
massive, massive in the Northeast, in the Northwest, in the Southwest, 
and in the Southeast--all over this country. The disruption of these 
projects will be massive across the Nation as States will be required 
to stop obligating funds on May 1 for the highway and transit programs. 
Congress needs to get its act together!

  This is an irresponsible and unnecessary course that threatens the 
very lives of people as well as the economic well-being of the people 
throughout the country. Does it take a crisis, Mr. President, to force 
us to act here in Congress? Do we have to have a bridge collapse and 
possibly have people killed before we wake up? I have not

[[Page S343]]

forgotten the collapse of the Silver Bridge at Point Pleasant, WV, in 
1967. It killed 46 people.
  Let us look out of the windows and observe the rains that are 
pounding our area. Listen to the radio, or watch the television set--I 
don't do much of that; but I do watch the weather--and watch what they 
are saying about the weather all over this country, about the storm, 
about what is happening in States back to the west and to the north. 
The snow, the ice, the ravages of winter will further pock-mark and 
erode our highways and bridges. We can't afford delays in stepping up 
to our responsibilities for public safety very much longer.
  Mr. President, I have asked the journal clerk how much time the 
Senate wasted yesterday in quorum calls and in recesses. On yesterday--
one day alone--we spent 59 minutes, almost an hour, in quorum calls, 
and 2 hours and 18 minutes in recesses. That is 3 hours 17 minutes--
with a quick calculation--3 hours 17 minutes spent in quorum calls and 
recesses here in the Senate yesterday. We could have been working on 
the highway bill.
  Strategy games in Washington may be fine for those who do not depend 
on safe, modern highways to protect their livelihoods and their lives. 
But, hand-sitting will not serve us well when the public realizes what 
is going on.
  I implore the leadership to move this bill as soon as possible. The 
clock is ticking, Mr. President, and time is running out.
  I thank the Chair. I thank all Senators. I yield the floor.

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