December 11, 1975
Page 40006
FEDERAL-AID HIGHWAY ACT OF 1975
Mr. ROBERT C. BYRD. Mr. President, I ask unanimous consent that the Senate proceed to the consideration of S. 2711.
The PRESIDING OFFICER. The clerk will report the bill by title.
The assistant legislative clerk read as follows:
A bill (S. 2711) to authorize appropriations for the construction of certain highways in accordance with title XXIII of the United States code, and for other purposes.
The PRESIDING OFFICER. Is there objection?
There being no objection, the Senate proceeded to the consideration of the bill.
Mr. BENTSEN. Mr. President, will the Chair advise the Senate as to the time limitations on this bill.
The PRESIDING OFFICER. The Chair will be happy to do so. The agreement provides for 2 hours of debate on the bill
Mr. BENTSEN. May we have order in the Senate so the membership can hear the Chair.
The PRESIDING OFFICER. The Senate will be in order, please.
The agreement provides for 2 hours on the bill, half an hour on each amendment except the amendment to be offered by the Senator from Connecticut (Mr. WEICKER) on which there will be 1 hour.
Who yields time?
Mr. BENTSEN. Mr. President, I yield myself such time as I may need.
Mr. MUSKIE. Mr. President, will the Senator yield?
Mr. BENTSEN. I yield.
Mr. MUSKIE. I understood, if I may say so, that the first order of business would be consideration of the Highway Act itself, consideration of the waiver resolution that applies to the Highway Act.
Mr. BENTSEN. I quite agree.
Mr. BAKER. Mr. President, will the Senator yield for a unanimous-consent request before we proceed to the consideration of the resolution?
Mr. BENTSEN. I yield to the Senator from Maine on his time.
Mr. MUSKIE. The resolution is at the desk.
Mr. BAKER. Mr. President, will the Senator from Maine yield for a unanimous-consent request?
Mr. MUSKIE. I yield.
Mr. BAKER. Mr. President, I ask unanimous consent that during the consideration of this measure and of the highway bill that the following staff people be allowed the privilege of the floor: Bailey Guard, Barry Meyer, Katherine Cudlipp, Richard Harris, Rick Kenton, John Yago, Steve Swain, Hal Brayman, Ron Katz, and Vic Maerki.
The PRESIDING OFFICER. Is there objection? The Chair hears none, and it is so ordered.
Mr. KENNEDY. Will the Senator add Mark Schneider?
Mr. BAKER. And Mark Schneider.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. BEALL. Mr. President, will the Senator yield for a unanimous-consent request?
Mr. MUSKIE. I yield.
Mr. BEALL. I ask unanimous consent that Neil Messick, and Warren Brown from Senator MATHIAS' staff be granted privileges of the floor.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. BENSTEN. Mr. President, this time is not being charged to the highway bill.
The PRESIDING OFFICER. If there is a unanimous-consent agreement to that effect it will not be so charged.
WAIVER UNDER SECTION 303(a) OFTHE CONGRESSIONAL BUDGET ACT WITH RESPECT TO CONSIDERATION OF S. 2711
Mr. ROBERT C. BYRD. Mr. President,I ask unanimous consent that the Senate proceed to the consideration of Senate Resolution 314 and, upon disposition of that resolution, the highway bill be taken up.
The PRESIDING OFFICER. Without objection, it is so ordered.
The clerk will report the resolution by title.
The assistant legislative clerk read as follows:
Senate Resolution 314, waiving section 303 (a) of the Congressional Budget and Impoundment Control Act of 1974 with respect to consideration of S. 2711.
The PRESIDING OFFICER. There is 1 hour of debate under the resolution, equally divided.
Who yields time?
Mr. MUSKIE. Mr. President, I yield to the Senator from Iowa.
Mr. CLARK. Mr. President, I ask unanimous consent that Mr. Richard Onslow be granted the privileges of the floor during the consideration of this measure.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. MUSKIE. Mr. President, I yield myself 10 minutes.
The PRESIDING OFFICER. The Senator is recognized.
Mr. MUSKIE. Mr. President, if I might have the attention of the Senators, and especially the distinguished Senator from Texas, the floor manager of the highway bill we are considering, Mr. President, I am going to discuss a new procedure under the Budget Act, one which was specifically provided to cover legislation at the state of legislative consideration in which we find the Highway Act, and since there are some implications and precedent-setting features to this procedure, it is important that Senators understand it.
Section 303 (a) of the Congressional Budget Act of 1974, Mr. President, provides it shall not be in order in either the House or the Senate to consider any bill or resolution or any amendment thereto providing new budget authority, new spending authority, or changes in revenues or public debt for a fiscal year until the first concurrent resolution on the budget for such fiscal year has been adopted.
Since S. 2711 provides for advance contract authority from the Highway Trust Fund for fiscal years 1977 and 1978, a resolution waiving section 303(a) of the Budget Act with respect to consideration of the bill must be adopted before S. 2711 can be considered by the Senate.
The Public Works Committee reported a waiver resolution for that purpose. It was referred, as required by the Budget Act, to the Budget Committee.
The Budget Committee this morning considered the waiver resolution and reported it to the Senate for its action.
Now the Senate will take final action on whether or not the highway bill should be considered at this time. The Budget Committee felt that since this was the first implementation of section 303(a) and because the discussion of the Budget Committee raised so many relevant questions about the application of that section, not only to this bill but to those which we may be asked to consider; that it was important for the Senate to understand the limitations which the Budget Committee would feel constrained to recommend as applying to the use of this waiver provision.
The Budget Committee, may I say, is extremely reluctant to recommend the adoption of resolutions waiving section 303(a) of the Budget Act.
One of the major purposes of that act was to bring the Federal budget under better control.
Through the adoption each year of the first and second concurrent resolutions on the budget, Congress sets fiscal policy and national priorities for the fiscal year.
If legislation affecting spending or revenues for a future fiscal year is considered prior to the adoption of a first concurrent resolution on the budget for that year, to that extent, Mr. President, Congress loses control of spending and priority decisions for that year prior to adoption of a congressional budget for that year.
But, Mr. President, the Budget Act recognized that in some situations it may be appropriate to consider such legislation before the adoption of the first concurrent resolution.
The questions the Budget Committee considered this morning and the Senate will consider this afternoon are the circumstances that ought to govern action on waiver resolutions for such legislation.
The committee does not intend that this waiver resolution should be interpreted in any fashion as a waiving of the clear prohibition of section 303(a) against any amendment to S. 2711 which would be out of order under section 303(a).
I emphasize that point with respect to any amendment that may be offered on the floor of the Senate this afternoon to expand the budget authority total already in the bill.
Under section 303(a) of the Budget Act, any amendment would be out of order if it provides, and I read from the language of the act: new budget authority for a fiscal year;
(3) an increase or decrease in revenues to become effective during a fiscal year;
(4) an increase or decrease in the public debt limit to become effective during a fiscal year; or
(5) new spending authority described in section 401(c) (2) (C) to become effective during a fiscal year; before the first concurrent resolution on the budget for such year has been agreed to pursuant to section 301 of the Budget Act.
Thus, Mr. President, any amendment to the pending highway bill which will increase the budget authority or spending authority or increase or decrease revenues or the public debt in fiscal year 1977, or any fiscal year thereafter, is not in order, notwithstanding the waiver which is being reported to the Senate in connection with the highway bill itself.
The purpose of the prohibition against any such amendment to legislation upon which a waiver has been granted is to assure that, in adopting such waivers, the Senate does not open the door to amendments which would increase the levels of budget authority or new spending authority beyond those levels contained in the bill upon which a waiver was granted, nor permit the use of such legislation as a vehicle for amendments to increase or decrease revenues or the public debt, other than as provided in the bill upon which the waiver is granted.
The purpose of the Budget Act, Mr. President, is to permit the Congress to gain control of Federal spending and revenues by controlling spending in each fiscal year and to preclude, except in very limited cases, the enactment of legislation which provides budget authority or tax changes in future fiscal years for which Congress has not yet made a congressional budget determination.
To the extent that Congress permits the encumbrance of future years' budgets by the provision of budget authority or changes in the revenues prior to the adoption of the budget resolution for that future fiscal year, the Congress loses control of spending and its ability to make priority judgments among competing programs, most of which will not be funded until the fiscal year in question.
Provisions in the Budget Act which permit forward funding of certain programs in fiscal years for which a congressional budget has not yet been adopted were intended to accommodate the need for effective planning in programs such as the highway program where multiyear planning and projects require a reasonable assurance as to the level of future funding.
Section 303(a) was intended to provide a control, exercised through the Budget Committees, on the consideration of such legislation and amendments thereto, so that, in providing essential forward funding for this limited class of programs, Congress would not open up a Pandora's box of amendments which exceed the cost contemplated by the specific bill for which the waiver was granted.
In reporting this waiver resolution, Mr. President, the committee nonetheless views as out of order any amendments to S. 2711 which, if offered separately,would be out of order under section 303 (a).
We have discussed that interpretation, Mr. President, with the Parliamentarian and he concurs with the committee's interpretation.
S. 2711 is spending legislation providing contract authority for the Federal-aid highway program. It provides $1.7 billion for the Interstate and non-Interstate Systems in the transition quarter, $3.9 billion for the non-Interstate system in fiscal year 1977, and $4.0 billion for the non-Interstate System in fiscal year 1978.
S. 2711 provides funding authorization for the fiscal year 1977 and fiscal year 1978 non- Interstate highway program consistent with the traditional congressional position that advance authorizations are desirable in order to provide adequate assurance of funding for multiyear construction programs.
The authorization levels contained in S. 2711 do not increase program levels but rather maintain continuity in the highway program and allow the States to continue highway construction at reasonable levels. Compared with actual non-Interstate authorizations for fiscal year 1975 of $3.7 billion and fiscal year 1976 of $3.9 billion, S. 2711 would provide fiscal year 1977 and fiscal year 1978 authorizations of $3.9 billion and $4.0 billion, respectively. Of these latter amounts, approximately $3.5 billion in each year would be financed from the trust fund. The total authorizations expected to be funded from the trust fund resulting from passage of this bill are not out of line with projected revenues to the trust fund for fiscal year 1977 and fiscal year 1978.
Projected taxes and interest earnings expected to accrue to the highway trust fund in these two fiscal years are expected to total more than $7 billion.
In favorably recommending this waiver resolution, the committee also notes its serious concern and reservations over the proposed Great River Road authorization contained in S. 2711.
Although a comparatively small authorization for this project is provided in S. 2711, the committee understands that if this is funded it would eventually lead to Federal expenditures in excess of $1 billion. Therefore, the authorization for this program represents a significant budget "wedge" that, if funded, would result in major Federal outlays in future fiscal years. Such major budget priorities should be debated in the context of the first concurrent resolution for a particular fiscal year. Therefore, the committee emphasizes that its favorable recommendation on Senate Resolution 314 does not extend to an endorsement of the Great River Road project, which the committee believes should be debated by the Congress within the normal budget and appropriations processes.
The committee also notes that under existing law, the highway trust fund will expire on September 30, 1977. Section 209 of the Federal Aid Highway Act of 1956 provides that no trust fund highway authorizations can be apportioned to the States in excess of the amount of receipts projected to accrue to the fund as of its scheduled termination date. Following apportionment of the already authorized $3.3 billion of FY 1977 Interstate funds on January 1, only $1.6 billion can be further apportioned in compliance with existing law. This is exactly the amount of funding for the transition quarter now provided in the FY 1976 second concurrent resolution on the budget, which the Senate agreed to today.
In order to bring financing for the highway program into line with the new budget calendar, S. 2711 provides that all apportionments of highway funds to the States from now on will occur on October 1. For the non-Interstate highway program, this change will insure that no funds are apportioned prior to the beginning of the fiscal year for which they are authorized. The committee believes this change will enhance the Congress' ability to consider and debate the full range of budget priorities as it considers the first and second concurrent resolutions on the budget each year. Senate Resolution 314 as reported by the Public Works Committee states that the waiver of section 303(a) is necessary since this legislation was not reported to the Senate on or before last May 15. In fact, this waiver of section 303(a) is necessary because S. 2711 provides for spending in fiscal 1977, prior to the passage of the first concurrent resolution for fiscal year 1977.
Mr. President, I think that is a sufficient description of the Budget Committee's views with respect to its responsibilities under section 303(a). The committee has resolved all questions relating to those responsibilities in a way to support waiver of section 303(a) with respect to the pending legislation, with the reservations I have indicated.
With that I am prepared to yield the floor unless some of my colleagues on the committee, whom I see in the Chamber, are interested in making a comment.
If not, I yield the floor, Mr. President.
The PRESIDING OFFICER. Who seeks recognition?
Mr. GRAVEL addressed the Chair.
The PRESIDING OFFICER. Who yields time?
Mr. GRAVEL. Mr. President, I would like to get the floor in my own right, if I may.
The PRESIDING OFFICER. Does the Senator yield time to the Senator from Alaska? .
Mr. MUSKIE. Mr. President, I understand the Senator wants to speak to the highway bill rather than to the waiver resolution.
I am ready for a vote on the waiver resolution at any time, unless there are other Senators who wish to speak.
The PRESIDING OFFICER. Does the Senator yield back his time?
Mr. MUSKIE. I yield back my time.
The PRESIDING OFFICER. The question is on agreeing to the resolution.
The resolution (S. Res. 314) was agreed to, as follows:
S. Res. 314
Resolved, That the prohibition of section 303(a) of the Congressional Budget and Impoundment Control Act of 1974 as to the consideration by the Senate of legislation authorizing new budget authority for a fiscal year if such legislation is not reported to the Senate on or before May 15 preceding the beginning of such fiscal year be waived with respect to the "Federal-Aid Highway Act of 1975" (S. 2711) reported to the Senate by the Committee on Public Works on November 20 (legislative day, November 18), 1975. The waiver is necessary for the Senate to complete action on legislation which provides authorizations for the Federal-aid highway program for the transition quarter ending September 30, 1976, and fiscal years 1977 and 1978. The authorization of funds in S. 2711 does not increase program levels but maintains continuity in the highway program and allows the States to continue highway construction at reasonable levels.
The waiver is also necessary since legislative requirements in other programs under the jurisdiction of the Committee on Public Works will occupy the time of the committee during the second session of the Ninety-fourth Congress.