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Text From the Congressional Record

Byrd, Robert [D-WV]
Begin1997-10-2217:47:21
End17:50:37
Length00:03:16
Mr. BYRD. That is right. And I am glad the distinguished Senator from Virginia, Mr. Warner, has pointed that out. I have had several Senators say, for one reason or another, they would not cosponsor the amendment but that they intended to vote for it when the time comes. I am glad the Senator has brought that to the attention of the Senate.

The reauthorization of the Intermodal Surface Transportation Efficiency Act, or ISTEA II as it is often referred to, will set the authorization levels for the next 6 years for major portions of our national transportation system. And I congratulate the distinguished majority leader, Senator Lott, for his decision to take up this 6-year bill rather than the 6-month extension proposed by the other body.

In the end, however, the committee did not report a bill that in my view provides sufficient highway funding authorizations for either the Appalachian Development Highway System or the entire National Highway System.

The levels reported were constrained by the allocation of budget authority provided to the Committee on Environment and Public Works by the budget resolution. And that allocation does not allow anywhere near the levels of highway authorization that can be supported by the highway trust fund revenues over the coming 6 years, nor the levels that are seriously needed to prevent further deterioration in our National Highway System.

Senators will recall that last year I, along with Senator Gramm and other Senators, urged the leadership to allow us an opportunity to vote on an amendment to a tax measure to transfer the 4.3 cents per gallon gas tax which was going toward deficit reduction into the highway trust fund where it could be used for increased highway and transit spending in the coming years. At the request of both the majority and minority leaders, I deferred offering such an amendment during last year's session.

On May 22 of this year, I joined 82 other Senators in voting for an amendment by Senator Gramm in support of transferring the 4.3 cents gas tax--Mr. President, I think I left my cough drops in the office. I can assure all Senators, however, I do not have whooping cough nor do I have consumption, but I have had a severe cold. If I could proceed, I will do so by rereading the sentence that I stumbled on.

Earlier this year, I joined 82 other Senators in voting for an amendment by Senator Gramm in support of transferring the 4.3 cents gas tax to the highway trust fund and spending it on our rapidly deteriorating transportation systems.

And then on July 14, I joined with 82 other Senators and expressed in a letter to Senators Lott and Daschle, as well as to the chairman and ranking member of the Finance Committee, Senators Roth and Moynihan, the view that additional funding for transportation is urgently needed.

We 83 Senators urged that the conferees on the Reconciliation Act retain the Senate's transfer of this gas tax into the highway trust fund so that it could then be used for additional transportation spending in the future rather than being applied toward deficit reduction.

Ultimately, the balanced budget agreement did include the transfer of the 4.3 cents gas tax into the highway trust fund, beginning October 1, 1997. And as a result, the highway account of the highway trust fund will receive additional revenues totaling almost $31 billion over the next 5 fiscal years.

One would think that the budget agreement would have taken this additional revenue into account in setting the allocations of budget authority for the pending 6-year highway bill. Instead, under the reported bill, the cash balances in the highway trust fund will grow massively over the next 6 years.

The Congressional Budget Office tells us that under the committee reported bill the balance in the highway trust fund will be just over $25.7 billion at the end of fiscal year 1998. And according to CBO, that trust fund balance will grow each year thereafter, to an unprecedented level of almost $72 billion by the end of fiscal year 2003. In other words, if we accept the levels of contract authority provided in the reported bill for the next 6 years, we will have accomplished nothing by placing the 4.3 cents gas tax into the highway trust fund other than to build up these huge surpluses which have the effect of masking the Federal deficit.

I have called for increased levels of infrastructure investment for years. And yet, despite my pleas and despite the needs of our States and of our constituents, we in the Congress have allowed much of the Nation's physical infrastructure to fall further and further into disrepair.

As the chart to my left shows, the Federal spending for infrastructure as a percentage of all Federal spending, 1980 through 1996, has significantly declined since 1980. And it was more than 5 percent at that time. And as of 1996, it is less than 3 percent.

So in that year--in that year--Federal spending on highways, mass transit, railways, airports, and water supply and waste water treatment facilities amounted to just over 5 percent of total Federal spending. But as I have already pointed out, our 1996 Federal spending on these same infrastructure programs had dropped to less than 3 percent of total Federal spending--less than 3 percent of the total Federal spending.

Nowhere is there infrastructure investment more inadequate than on our Nation's highways. Our National Highway System carries nearly 80 percent of U.S. interstate commerce and nearly 80 percent of intercity passenger and tourist traffic. The

construction of our national interstate system represents perhaps the greatest public works achievement of the modern era. But we have allowed segments of our National Highway System to fall into serious disrepair.

The U.S. Department of Transportation, the DOT, has released its most recent report on the condition of the Nation's highways. Its findings are even more disturbing than earlier reports. The Department of Transportation currently classifies less than half of the mileage on our interstate system as being in good condition. And only 39 percent of our entire National Highway System is rated in good condition. Fully 61 percent of our Nation's highways are rated in either fair or poor condition. Almost one in four of our Nation's bridges is now categorized as either structurally deficient or functionally obsolete.

There are literally over a quarter of a billion miles of pavement in the United States that is in poor or mediocre condition. There are over 185,000 deficient bridges across our country. If we allow the decay of our transportation systems to continue, we will vastly constrict the lifelines of our Nation and undermine our economic prosperity.

According to the Department of Transportation, our investment in our Nation's highways is a full $15 billion short each year of what it would take just to maintain current inadequate conditions. Put another way, we would have to increase our national highway investment by more than $15 billion a year to make the least bit of improvement in the status of our national highway network.

It is also critical to point out that while our highway infrastructure continues to deteriorate, highway use--highway use--is on the rise. Indeed, it is growing at a very rapid pace. The number of vehicle miles traveled has grown by more than one-third in just the last decade.

On the chart to my left we see shown U.S. highway vehicle miles traveled. The source is the Federal Highway Administration, highway statistics, 1983 through 1997.

As I say, the number of vehicle miles traveled has grown by more than one-third. And the chart represented here shows the miles traveled in billions, billions of miles. As a result, we are witnessing new highs in levels of highway congestion, causing delays in the movement of goods and people that costs our national economy more than $40 billion a year in lost productivity. And, Mr. President, it is clear that the requirements we place on our National Highway System are growing, while our investment continues to fall further and further behind.

We are simply digging ourselves into a deeper and deeper hole. It is a proven fact that investments in highways result in significant improvements in productivity and increased profits for business as well as improvements to both our local and our national well-being. According to the Federal Highway Administration, every $1 billion invested in highways creates and sustains over 40,000 full-time jobs. Furthermore, the very same $1 billion investment also results in a $240 million reduction in overall production costs for American manufacturers.

And while we can easily see the economic impact of this disinvestment, we must not lose sight of the fact that deteriorating highways have a direct relationship to safety. Almost 42,000 people died on our Nation's highways in 1996. And that is the equivalent to having a midsized passenger aircraft crash every day killing everyone on board.

Let me say that again: 42,000 people died on our Nation's highways in 1996. That is the equivalent to having a midsized passenger aircraft crash every day killing everyone on board.

Substandard road and bridge designs, outdated safety features, poor pavement quality and other bad road conditions are a factor in 30 percent of all fatal highway accidents according to the Federal Highway Administration. The economic impact of these highway accidents costs our Nation $150 billion a year, and that figure is growing.

Now, Mr. President, I am pleased today to bring before the Senate, together with the very able Senators Gramm, Baucus, and Warner, an amendment that will increase substantially the highway authorization levels contained in the underlying bill.

In doing so, the amendment will authorize the use of the increased revenues that began flowing into the highway trust fund on October 1 of this year. As shown on this chart to my left, the Congressional Budget Office estimates that over the 5-year period 1999 through 2003, increased revenue to the highway account will equal $30.971 billion. This amendment will utilize these additional revenues in full to authorize additional highway spending over the 5-year period 1999-2003.

Our amendment does not change the formulas of the underlying bill. Each State will receive its same formula percentage share of these additional authorizations as it did in the reported bill. For the donor States, the amendment still ensures they will receive a minimum of 90 percent return on their percentage contribution to the highway trust fund. Moreover, our amendment, like the committee-reported bill, utilizes 10 percent of the total available resources for discretionary purposes. Increased discretionary amounts of contract authority will therefore be available for the multi-State trade corridors initiative, as well as the 13-State Appalachian Development Highway System.

Adoption of this amendment will not change the scoring of the deficit by one dime. It has been a routine event in this Senate for us to adopt authorization bills that authorize spending levels that far exceed available appropriations. Within the education area, we have funding authorizations on the books that exceed actual appropriations by billions of dollars. The same is true in the area of health research, environmental programs, agricultural programs and the like. The actual obligation ceiling that will pertain to these highway programs will be set annually by the Appropriations Committees as has been the case for the past 6 years under ISTEA and for many of the highway authorization bills before that.

The real question at this time is whether we will allow the 4.3-cents-per-gallon gasoline tax that is now going into the highway trust fund to be authorized for use in the 6-year highway bill or not. Eighty-three Senators signed a letter this past July stating their support of the use of these funds for the purposes for which the tax is being collected; namely, for the construction and maintenance of our national system of highways and bridges.

Much has been made by the opponents of this amendment about the possibility that the increased highway spending authorized by the amendment will cause drastic cuts over the next 5 years in other discretionary spending.

Mr. President, I believe that this argument is unfounded. Enactment into law of the Byrd-Gramm-Baucus-Warner amendment does not cause any cut in any Federal program. Let me repeat again that the bill before us is an authorization bill. It is not an appropriations bill. Therefore, the Appropriations Committees in each of the next 5 years will have to determine what level of highway spending they can afford versus all of the other programs under the committee's jurisdiction. Each year's transportation bill for fiscal years 1999 through 2003 will contain an obligation limit for total highway spending. That limitation will be set each year in light of the circumstances being faced by the Appropriations Committees in that particular year. The allocation of outlays to the Transportation Subcommittee hopefully will be sufficient to fully fund the entire contract authority provided in this amendment for each of the next 5 years. But, the Senate and House and the President will have the final say as to what is provided for highway spending and for all other areas of the discretionary portion of the budget. Put another way, if we do not adopt this amendment, we may have precluded for the next 5 years any additional highway spending.

Regarding the question of outlay caps on discretionary spending, I fully support and will strongly urge the Budget Committee chairman and the Senate to include in the budget resolution for fiscal year 1999 the necessary provisions to increase discretionary caps for the following 5 years if the economy continues to perform at a positive rate. As Senators are aware, since the adoption of the balanced budget agreement earlier this year, the projections of revenues have dramatically increased and the projections for spending have been dramatically cut. The result is a far better forecast than was thought to be the case when we voted for the balanced budget agreement this past spring.

As the chart to my left shows, a comparison of the budget agreement and OMB's Mid-Session Review now projects revenues to be a total of $129.8 billion greater over the 5-year period 1998 through 2002 than was projected in the balanced budget agreement --$129.8 billion greater in revenues than was projected at the time of the balanced budget agreement. For outlays, the forecast is also much brighter than it was a few short months ago. Compared to the balanced budget agreement, OMB now projects in its Mid-Session Review that total spending over the period 1998 to 2002 will be $71.6 billion less than was projected in that agreement.

The pending Byrd-Gramm-Baucus-Warner amendment takes note of the new projections in the following way. The amendment provides that if--if--savings in budgetary outlays for fiscal years 1998 through 2002 are still projected to exist in connection with the fiscal year 1999 budget resolution, and if that budget resolution calls for using any of the projected spending savings, an allocation of additional discretionary outlays for highways should be made sufficient to cover the costs of the pending amendment.

So what we are saying in our amendment is this: If any of the $71.6 billion in spending savings is to be used in the fiscal year 1999 budget resolution, $21.6 billion should go toward increasing discretionary caps in order to cover the outlays that will result from the increased authorizations of contract authority for highways contained in the pending amendment.

I am for increasing discretionary outlays sufficient to cover the costs of the additional highway construction that will occur under the pending amendment if the economy continues to perform favorably as projected. But, we are not here today to debate the budget resolution. The time for that debate is next spring when the budget resolution for 1999 is before the Senate. We are here today to decide whether to authorize additional highway levels for the next 5 years or whether to let the 4.3-cents gas tax be used instead as a bookkeeping mechanism to build up huge surpluses to mask the Federal deficit. I urge all Senators to vote to waive points of order on this amendment so as to allow it to be voted on, and I urge all Senators to vote for its adoption. In so doing, Senators will be voting to restore public trust in the highway trust fund, and they will be voting to take the next step toward providing substantially increased highway investments for all States--not just one, not just 10, but all States--over the next 6 years.

Let us take a step forward in restoring confidence in Government policies by using gas tax revenues as we have told the people that they would be used. Taxes collected at the pump are intended to be used to construct and maintain safe and modern highways and also to provide needed transit systems.

It is unconscionable that we should continue to hold back public moneys from our Nation's highways when they are slipping into such deplorable disrepair. Promise keepers we certainly are not when it comes to the highway trust fund. The money is there. It has been specifically collected and designated to be plowed back into highways for the benefit of the taxpayer, and yet we are stubbornly sitting on it. We are stubbornly sitting on that money.

It is wrong. It is deceitful. It is bad public policy. It is deplorable in terms of its detrimental impact on our economy. It is contributing to the death and accident rates on our highways. It ought to be stopped. This amendment gives Senators a way to stop it.

I ask unanimous consent to have printed in the Record certain tables, and I shall send the amendment to the desk not for the purpose of it being offered today but only for the purpose of it being printed and available for all Senators to see it.

There being no objection, the material was ordered to be printed in the Record, as follows:

[Page: S10941]
PAVEMENT MILES IN POOR TO FAIR CONDITION 1
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State Mileage poor & mediocre Federal aid miles
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Alabama 3,628 23,230
Alaska 1,259 3,010
Arizona 1,705 11,869
Arkansas 1,994 19,744
California 14,985 48,165
Colorado 5,571 15,965
Connecticut 1,384 5,579
Delaware 584 1,428
District of Columbia 184 389
Florida 7,858 24,378
Georgia 224 29,777
Hawaii 306 1,321
Idaho 4,719 8,594
Illinois 10,681 33,207
Indiana 5,028 21,586
Iowa 4,545 23,395
Kansas 10,987 22,274
Kentucky 3,380 14,389
Louisiana 4,943 14,503
Maine 1,377 6,138
Maryland 1,704 7,404
Massachusetts 3,028 9,154
Michigan 10,032 30,729
Minnesota 13,252 29,501
Mississippi 6,853 20,257
Missouri 8,191 30,178
Montana 5,336 12,058
Nebraska 6,120 15,086
Nevada 633 5,472
New Hampshire 832 3,291
New Jersey 2,318 9,382
New Mexico 4,715 9,787
New York 7,656 25,268
North Carolina 7,467 20,036
North Dakota 5,226 13,294
Ohio 4,316 27,791
Oklahoma 6,813 25,716
Oregon 5,454 17,535
Pennsylvania 4,864 27,105
Rhode Island 852 1,589
South Carolina 4,598 17,274
South Dakota 6,527 14,559
Tennessee 4,282 16,733
Texas 19,277 73,003
Utah 950 7,520
Vermont 1,869 3,760
Virginia 5,198 20,352
Washington 5,231 18,422
West Virginia 2,223 10,114
Wisconsin 8,806 27,606
Wyoming 3,664 7,329
Total 253,629 886,246
[Footnote] 1 Includes only pavement mileage eligible for federal highway funds.
[Footnote] Sources: The Road Information Program (TRIP). Federal Highway Administration.
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TOTAL DEFICIENT BRIDGES
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State Bridges >20 in inventory Total deficient bridges
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Alabama 15,418 5,201
Alaska 849 212
Arizona 6,147 613
Arkansas 12,530 3,793
California 22,563 6,216
Colorado 7,688 1,688
Connecticut 4,070 1,259
Delaware 775 192
District of Columbia 239 143
Florida 10,823 2,628
Georgia 14,306 4,001
Hawaii 1,070 564
Idaho 4,002 790
Illinois 24,915 6,154
Indiana 17,782 5,112
Iowa 24,844 7,437
Kansas 25,460 7,973
Kentucky 12,961 4,391
Louisiana 13,664 5,178
Maine 2,353 874
Maryland 4,524 1,418
Massachusetts 5,021 2,931
Michigan 10,417 3,561
Minnesota 12,555 2,668
Mississippi 16,725 6,801
Missouri 22,940 10,533
Montana 4,808 1,145
Nebraska 15,584 5,284
Nevada 1,150 214
New Hampshire 2,281 874
New Jersey 6,209 2,855
New Mexico 3,475 615
New York 17,308 10,946
North Carolina 16,085 6,006
North Dakota 4,617 1,436
Ohio 27,795 8,664
Oklahoma 22,710 9,021
Oregon 6,516 1,789
Pennsylvania 22,327 9,771
Rhode Island 734 356
South Carolina 8,999 1,884
South Dakota 6,108 1,750
Tennessee 18,658 5,458
Texas 47,192 11,752
Utah 2,586 714
Vermont 2,653 1,112
Virginia 12,679 3,602
Washington 7,025 1,947
West Virginia 6,477 3.023
Wisconsin 13,165 3,348
Wyoming 2,889 664
Total 574,671 186,559
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FY 1999-2003 TOTAL INTERMODAL SURFACE TRANSPORTATION EFFICIENT ACT II, BYRD/GRAMM AMENDMENT
[Preliminary data--dollars in thousands]
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State S. 1173 FY 1999-2003 total as reported by committee Percent Byrd/Gramm amendment 1 Total Percent
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Alabama 2,211,500 1.9970 556,579 2,768,080 1.9970
Alaska 1,373,201 1.2400 345,600 1,718,802 1.2400
Arizona 1,719,893 1.5531 432,854 2,152,748 1.5531
Arkansas 1,472,869 1.3300 370,684 1,843,553 1.3300
California 10,134,190 9.1512 2,550,537 12,684,727 9.1512
Colorado 1,412,391 1.2754 355,465 1,767,856 1.2754
Connecticut 1,895,552 1.7117 477,038 2,372,590 1.7117
Delaware 520,488 0.4700 130,994 651,481 0.4700
District of Columbia 500,536 0.4520 125,973 626,508 0.4520
Florida 5,099,176 4.6046 1,283,335 6,382,510 4.6046
Georgia 3,882,378 3.5058 977,098 4,859,476 3.5058
Hawaii 861,113 0.5970 166,380 827,492 0.5970
Idaho 908,085 0.8200 228,542 1,136,627 0.8200
Illinois 3,683,946 3.3266 927,157 4,611,103 3.3266
Indiana 2,693,608 2.4323 877,914 3,371,522 2.4323
Iowa 1,461,433 1.3197 367,807 1,829,240 1.3197
Kanasa 1,450,185 1.3095 364,977 1,815,162 1.3095
Kentucky 1,921,071 1.7347 483,486 2,404,557 1.7347
Louisiana 1,967,553 1.7767 495,201 2,462,754 1.7767
Maine 636,102 0.5744 160,097 796,199 0.5744
Maryland 1,668,720 1.5069 419,975 2,088,696 1.5069
Massachusetts 1,968,441 1.7775 495,412 2,463,853 1.7775
Michigan 3,493,538 3.1547 879,236 4,372,775 3.1547
Minnesota 1,655,828 1.4952 416,732 2,072,558 1.4952
Mississippi 1,396,953 1.2614 351,580 1,748,533 1.2614
Missouri 2,635,864 2.3802 663,387 3,299,251 2.3802
Montana 1,173,866 1.0600 295,433 1,469,296 1.0600
Nebraska 929,790 0.8396 234,004 1,163,794 0.8396
Nevada 808,417 0.7300 203,458 1,011,875 0.7300
New Hampshire 575,859 0.5200 144,929 720,788 0.5200
New Jersey 2,668,883 2.1400 671,691 3,340,574 2.4100
New Mexico 1,162,791 1.0500 292,646 1,455,437 1.0500
New York 5,640,544 5.0934 1,419,503 7,060,046 5.0933
North Carolina 3,129,880 2.8263 787,713 3,917,593 2.8263
North Dakota 808,417 0.7300 203,458 1,011,875 0.7300
Ohio 3,812,849 3.4430 959,599 4,772,448 3.4430
Oklahoma 1,745,495 1.5762 439,300 2,184,796 1.5762
Oregon 1,426,177 1.2878 358,934 1,785,111 1.2878
Pennsylvania 4,199,341 3.7920 1,056,906 5,256,247 3.7920
Rhode Island 642,304 0.5800 161,652 803,956 0.5800
South Carolina 1,759,595 1.5889 442,846 2,202,441 1.5889
South Dakota 863,788 0.7800 217,394 1,081,182 0.7800
Tennessee 2,506,281 2.2632 630,768 3,137,049 2.2632
Texas 7,623,695 6.8842 1,918,693 9,542,388 6.8842
Utah 955,428 0.8628 240,460 1,195,888 0.8628
Vermont 520,488 0.4700 130,994 651,481 0.4700
Virginia 2,834,290 2.5594 713,320 3,547,610 2.5594
Washington 2,035,955 1.8385 512,401 2,548,356 1.8385
West Virginia 1,131,708 1.0219 284,833 1,416,541 1.0219
Wisconsin 2,011,684 1.8165 506,291 2,517,975 1.8165
Wyoming 841,639 0.7600 211,820 1,053,459 0.7600
Puerto Rico 508,260 0.4590 127,917 636,176 0.4590
Total 110,742,037 100.0000 27,871,000 138,613,037 100.0000
[Footnote] 1 Source of additional contract authority: CBO.
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[Page: S10942]

Mr. WARNER addressed the Chair.