October 2, 1970
Page 34742
Mr. BOGGS. Mr. President, I send to the desk an amendment on behalf of the Senator from New York (Mr. JAVITS) and the Senator from Maine (Mr. MUSKIE).
The PRESIDING OFFICER. The amendment will be stated.
The legislative clerk proceeded to read the amendment.
Mr. BOGGS. Mr. President, I ask unanimous consent that further reading of the amendment be dispensed with, and that the amendment be printed in the RECORD.
The PRESIDING OFFICER. Without objection, it is so ordered, and, without objection, the amendment will be printed in the RECORD.
The amendment offered by Mr. BOGGS, on behalf of Mr. JAVITS and Mr. MUSKIE, is as follows:
On page 51, line 24, insert the following as a new section:
"SEC. 35. Notwithstanding any other provisions of title 23 to the contrary, the Governor of a State may utilize any funds apportioned to that State for any fiscal year under this title for construction of Interstate highways within an urban area with a population of fifty thousand or more in such State, to construct alternative public transportation systems to serve such area, if the Governor determines that such alternative public transportation systems are necessary in the public interest. Federal participation in the cost of constructing such alternative transportation systems shall not exceed the Federal pro rata share applicable to the construction of Interstate highways. Funds shall not be expended for such alternative public transportation systems if after public hearing the Governor receives negative recommendation of any mayor or city council, county board or other equivalent duly constituted authority with jurisdiction over such area, or if the alternative public transportation system is not consistent with any applicable comprehensive transportation plan for the area. Funds available under this section may be expended for acquisition of land rights-of-way, construction or acquisition of track, buildings, or other facilities, and acquisition of rolling stock, vehicles or other equipment for publicly owned systems.
"(b) The Secretary of Transportation shall promulgate regulations prescribing what shall constitute an urban area with a population of fifty thousand or more."
Mr. BOGGS. Mr. President, the amendment I have sent to the desk is submitted to S. 4418 on behalf of the distinguished senior Senator from New York (Mr. JAVITS), who is necessarily absent to observe a religious holiday. The amendment which the Senator from New York has prepared, and on which the Senator from Maine (Mr. MUSKIE) has joined, authorizes the diversion of certain funds in the highway trust fund for use in the construction of such things as mass transportation systems. This amendment is similar to one that was offered in committee by the Senator from Maine (Mr. MUSKIE). That amendment was considered by committee, but not included in the bill.
The amendment the Senator from New York (Mr. JAVITS) has suggested would allow construction of an alternative public transportation system if a Governor makes the determination that such an alternative is necessary in the public interest and important to a more efficiently balanced transportation system for the area.
It is the thought of the Senator from New York (Mr. JAVITS) that the transportation needs of many of our urban areas could, in some cases, be more effectively met by the use of highway funds on such things as mass transit systems.
Mr. President, I have discussed the amendment with the chairman of the committee and the ranking minority member, the Senator from Kentucky (Mr. COOPER). I would appreciate the comments of the distinguished chairman of the committee, the Senator from West Virginia (Mr. RANDOLPH).
Mr. RANDOLPH. Mr. President, I yield myself such time as I may desire.
The PRESIDING OFFICER. The Senator is recognized.
Mr. RANDOLPH. Mr. President, the knowledgeable Senator from Delaware, a member of the Committee on Public Works, presents this amendment not for himself, as he indicated, but for the Senator from New York (Mr. JAVITS) and the Senator from Maine (Mr. MUSKIE). The Senator from Maine is an active member of our committee.
The individual views of the Senator from Maine (Mr. MUSKIE) are incorporated in the report to the Senate on S. 4418, Senate Report 91-1254. We went into this matter very thoroughly in the committee, as the Senator from Delaware knows. I do not wish to deprecate the efforts of the Senator from Maine (Mr. MUSKIE) but he had no support in the committee at the time, so he accepted the situation. But the Senator from Maine and the Senator from New York, and perhaps others, wished that the matter be made a part of the colloquy here and the proposal has been introduced as an amendment. I would hope the amendment would be withdrawn.
I would like to read for the RECORD what the Senator from Maine said in the conclusion of his individual views in the report:
During the first session of the 92d Congress, I shall propose major revisions in the Federal highway program – intended to make the program more responsive to the transportation needs of all Americans. I hope other members of the Senate will offer similar suggestions, and that the committee will consider ways of making the highway program more consistent with efforts to insure a livable environment.
Mr. President, what the Senator from Maine said is what all members of the Committee on Public Works would and do say. As we make these changes, as we are creative and innovative, we recognize we cannot do the job all at once, so we are attempting to approach it in steps in a constructive way.
I am grateful to the Senator from Delaware for pursuing the matter as he has during the debate.
Mr. BOGGS. I thank the distinguished chairman. I wish to ask the chairman if in the next session of Congress it is contemplated we will have hearings in committee on this subject.
Mr. RANDOLPH. I would not want to say categorically we will have hearings in the next session but I will certainly say in the next Congress, although it could well be in the first session.
Mr. BOGGS. I thank the distinguished Senator for those words of assurance that hearings on the subject covered by this amendment undoubtedly will be held in the next Congress, and very likely in the next session. Secretary of Transportation Volpe has in the past expressed the thought that the idea of a broad transportation trust fund needed to be explored, and I believe Senator JAVITS would consider that hearings by the Committee on Public Works would be most useful and helpful in evaluation of this subject.
Mr. President, I therefore ask unanimous consent that the amendment be withdrawn.
The PRESIDING OFFICER. The Senator has the right to withdraw the amendment.
The amendment is withdrawn.
Mr. BOGGS. I thank the Senator.