E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 105 CONGRESS, SECOND SESSION

Vol. 144 WASHINGTON, THURSDAY, MARCH 12, 1998 No. 26 Senate The Senate met at 9:30 a.m. and was 10:30 a.m, as previously agreed to, the IN MEMORY OF CECILE called to order by the President pro Senate will proceed to a rollcall vote POMERLEAU tempore [Mr. THURMOND]. on or in relation to the McCain amend- Mr. LEAHY. February might be seen The PRESIDENT pro tempore. To- ment regarding demonstration projects as a month when our family would end day’s prayer will be offered by our to S. 1173, the highway bill. Following the customary mourning period follow- guest Chaplain, Rev. Anthony Johnson, that vote, the Senate will attempt to ing the death of Cecile Pomerleau. from Mount Hebron Baptist Church, in complete action on the remaining However, for our family this has been Baltimore, MD. He once lived in South amendments to the bill, including final a time of remembering more than Carolina. passage. Following disposition of S. mourning, and that is the way she 1173, the Senate may begin consider- would have wanted it. PRAYER ation of S. 414, the international ship- Cecile was a beloved mother to my The guest Chaplain, Rev. Anthony ping bill, under a short-time agree- wife, Marcelle, and her brothers, Rene Johnson, of Mount Hebron Baptist ment. In addition, the Senate may also and Claude, a loving and loved grand- Church, Baltimore, MD, offered the fol- begin consideration of H.R. 2646, the A+ mother to Kevin, Mark, and Alicia lowing prayer: education bill. Therefore, Members Leahy, and Mark and Paul Pomerleau, God of all our comfort and Father of should anticipate a busy voting day to the spouses of her grandchildren, to Mercy, we acknowledge that You are with votes occurring into the early nephews and nieces, and adopted the Sovereign God of this great Nation. evening. daughter Sister Consolata—and with- We thank You for the freedom that I yield the floor. out a doubt, the best mother-in-law I You have provided us. We pray that The PRESIDENT pro tempore. The could have. You will direct us as we help the less able Senator from Vermont is recog- For Cecile, family, above all else, was fortunate and those in need. Give us, O nized. her world. Even in her final illness, her God, a heart of compassion and under- Mr. LEAHY. Mr. President, is there ailments seemed to melt away when standing. Bless this great body of men time reserved for the Senator from Marcelle was there to care for her or and women from across this country, Vermont? when she knew her sons were arriving as they come together to be the voice The PRESIDENT pro tempore. Fif- to be with her, when Kevin and of this Nation. May they speak for the teen minutes is reserved. Christianna visited and brought her child who cannot speak. May they home, when Mark and Kristine sat stand for the mother who cannot stand. f with her as they planned their new life May they walk for the ones who cannot together. A very special visitor was her walk. And in all that they do, may it THE PRESIDENT PRO TEMPORE ‘‘favorite’’ and only granddaughter, be done to Your glory and honor. We Mr. LEAHY. I note that it is not the Alicia. Trips from Chicago by Mark acknowledge our weakness and realize ‘‘Acting’’ President pro tempore here and Paul Pomerleau meant so much to that we cannot do anything without today. It is the President pro tempore. her. You. Allow Your light to continue to I note that the President pro tempore I so greatly benefited from her love shine on us and in us each and every has probably opened the Senate in his and our daily talks and visits—and had day, we pray. Amen. capacity as President pro tempore in her the most loyal and accepting of f more than any President pro tempore I any constituent! Even when I thought I did poorly in a Senate debate, she was RECOGNITION OF THE ACTING have served with in almost 24 years. I commend him for his dedication to there to tell me I really won. MAJORITY LEADER At her funeral, our son, Mark, talked opening the Senate. The PRESIDENT pro tempore. The of living with his grandmother while able acting majority leader is recog- f going to school. Here was a strong nized. willed, young teenager living with a f grandmother who was comfortable in a MORNING BUSINESS different language and different cus- SCHEDULE The PRESIDING OFFICER (Mr. toms from his own. Mr. BROWNBACK. On behalf of the BROWNBACK). Under the previous order, As he told us his story, with humor majority leader, I announce that this the Senate will now be in a period of and love, we saw a grandmother want- morning the Senate will be in a period morning business until the hour of ing to move across generations to help of morning business until 10:30 a.m. At 10:30 a.m. her grandson—and a grandson meeting

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

S1811 S1812 CONGRESSIONAL RECORD — SENATE March 12, 1998 her at the generational chasm to ac- minutes of the exercises!’’ I would seek my been a long long road to arrive to this day. cept her love. When he walked past the revenge by playing Chopsticks! which was She never lost her patience, always kept casket bidding farewell in French to absolutely forbidden as that was never con- smiling, never neglected to express her ap- his grandmother, all of us, through our sidered classical music. The memories are preciation, saying goodbye to her last piano endless with all the novenas, Masses, wed- student only about a year ago and always tears, knew the bond. dings and, yes, funerals she played for. She with rosary in her hand. Cecile nearly left us a decade earlier. used to like to count the black dresses at Mom, your whole life was quite a concert. The love, sacrifice and nursing skill of weddings and the red hats at funerals back It was harmony with your music, your fam- her daughter, brought her back to life in the days when these weren’t considered ily and friends and your God. We will con- and gave her those extra years of ful- proper. Then all the concerts we went to and, tinue to sing your praises. Au revoir. fillment. at the recitals where we had to participate, Mr. LEAHY. Cecile’s son, Rene, I have often said that Marcelle’s vo- always a nightmare for this participant, and spoke for himself and his children, cation as a registered nurse is aided by Saturday afternoon with the metropolitan Mark and Paul Pomerleau, and Mark’s a God-given gift of healing. And no opera blaring from the radio throughout the house. wife, Alison Paul. I ask unanimous place was it more evident than when Some of my fondest memories are of the consent that Rene’s comments be caring for her mother—indeed as she times we had all of these things combined. printed in the RECORD. became her mother’s mother. Christmas was something else with midnight There being no objection, the mate- Marcelle brought us the essence of Mass, Mom playing the organ, her two feet rial was ordered to be printed in the her mother when she said the following on the pedals, one hand on the keys and the RECORD, as follows: in a memorial service for Cecile at the other in the air directing the choir with a REMARKS BY RENE POMERLEAU few head movements thrown in as she sang Goodwin House. Mon’s death was blessed relief. The going as well. Dad would sing at least one solo and I was struck by one part of the his- was long and hard and she wanted to go. And we three kids would be singing in the choir it was hard for Marcelle and Pat, who were tory of her mother who had a profes- too. For me this was all great and exciting there and supported her in her need. And it sorship in music at the age of 17 but as it meant when it was all over there would was hard for those of us who loved her and was told, of course, because of that be our Re´veillion at home. generation, and especially being a Of course it was the family, the choir who the care givers, and couldn’t be there to were all our friends but then more friends help. woman, she would have to wait a year And it was the same way with Dad. before she was old enough to go out came and the priests too. There would be But I’m going to miss her very much. I into the world. Even though she had singing, laughing, gifts, and food. Mom was miss them both very much. known for her tourtie`re, tartelette, fruit demonstrated the talent, genius, and Mom was a friend. Both Mom and Dad were cake and nut goodies, to mention only a few friends. More and more I realize what a good everything necessary to get the profes- things. She would have been preparing for sorship, she would have to wait 1 more fortune that was, one that a surprising num- weeks and what a feast it would be, our beds ber of the people I know, and know of, can’t year. wouldn’t see us until daylight! claim. Knowing my mother-in-law, knowing There it was, Church, family, friends, I think I speak for Claude and Marcelle as her genius for music, I suspect that music and French Canadian heritage all well when I say that we’ve always thought of was a somewhat frustrating year and wrapped into one glorious celebration. our parents as friends. Maybe we didn’t use I really need to talk more about the she probably watched the pages coming that word, always, but when I analyze my French, as it was a large part of our lives feelings and our actions, that’s the word that off the calendar. from both of our parents. Our names are I ask unanimous consent Marcelle describes it. French as though no one noticed! In Richmond, the home I remember best— Leahy’s comments be printed in the Rene, Claude, Marcelle, they chose those because I left home for school when we lived RECORD. for many reasons but also because they don’t there, and Vermont was more a place to There being no objection, the mate- change in the translation and we were al- visit—I don’t remember an environment of rial was ordered to be printed in the ways going to go back and forth from French intrigue and competition and distrust. I re- RECORD, as follows: to English. Mom never stopped thinking, member friends—the Carles; the neighbors speaking and counting in French. She even A TRIBUTE TO OUR MOTHER on the right, Mr. and Mrs. Smallwood; Mrs. preserved her accent all of these years. Reynolds on the left; Hay, who cleaned house When I think of Mom, these words come to She also never stopped trying to change for us once a week; Father Hodges, Father mind first: Family, Faith, Music, Friends things ‘‘to the way we did it in the Province Perreira. and French (Canadian). All of these required of Quebec.’’ You can just imagine how that We were surrounded with their friends. loyalty and honesty, and then the strength caused some fireworks between a mother and They chose their friends carefully, and they she had to follow her convictions and the a daughter when Patrick and I were planning tried to teach us to do the same. promises she had made. our wedding. Our parents left us a legacy of friendship. As children my brothers Rene, Claude and Then it was the pronunciation of English If we’ve made great friendships in life, if I grew up in a home where all of these things words—why did they (as in English speakers) we’re surrounded today by good friends, if we became almost as one. Mom set high stand- have to do it that way? It just didn’t make think of our relatives as friends first, it’s ards for herself as well as others. sense. So, we had a phrase we liked to repeat thanks to them—and to people like them. As a very young woman in Coaticook, Can- with her pronunciation. We’re going to the Mom may be joining Dad in a better place, ada she earned her professors degree in Potomac eating a banana from Panama. but the place they’ve left is the better for music when she was only 17. Even though she Then there was the issue of Thanksgiving their having been here. was qualified to teach they wouldn’t let her ‘‘Why can’t the Americans celebrate it the And we’re going to miss them. begin to teach for a year when she would be same day as Canada? ’’ Oh well I guess that Mr. LEAHY. Mr. President, her rich that much older and more mature. was never a matter of discussion when our Music was also to be the thing that two countries were deep into negotiations. Roman Catholic faith was enhanced by brought Mom and Dad together. Dad sang a Mom taught my brothers and me many her son, Claude, a priest with the Holy concert in Sherbrooke, Canada and didn’t many things for which we will always be Cross Order. Claude visited his mother, have an accompanist, so Mom was asked to grateful. I want to share with you one of the both as son and as a pastoral friend. accompany him on the piano which she things that she often said to me as I was Together they talked as only they agreed to do. When she walked up to him growing up and she taught me so well be- could, of the day when she would leave that evening wearing a long red taffeta dress cause she also lived her life this way. ‘‘Al- us. After her death we were reminded he burst into song and serenaded her (and ev- ways treat people the way you would like to eryone within hearing distance) with ‘‘Lady be treated and you will never go wrong.’’ of her faith and love of family when we Lady in Red I adore you.’’ I believe they Sounds easy and it isn’t. found a note she had written to herself were married within the year. She was generosity, gentleness, loyalty, to ask Claude if she could still pray for Music was always a very large part of our honesty and strength in all that she did, all of us after she went on to the next lives. Mom taught us all to play the piano as teaching us well with her words and her ac- life. she did a countless number of students over tions. All of this was intertwined with her Claude said her funeral Mass, and the next 70 years. love for her family, faith and music her spoke with love, humor, and compas- Do you have any idea what it is like to adopted country, not to mention her great sion. His words were such a comfort have the piano teacher monitoring your pride for son-in-law Patrick, Le Senateur, that I ask unanimous consent it be practice sessions? Her voice would come out and her grandchildren. of the kitchen as she prepared dinner. We have a lot to celebrate when our sad- printed in the RECORD. ‘‘Claude you aren’t counting! Rene why can’t ness diminishes and we can dwell on her There being no objection, the mate- you remember the key? and Marcelle I told beautiful life and her strength in dying. rial was ordered to be printed in the you not to practice that until you did 10 Mom’s health problems started in 1989. It’s RECORD, as follows: March 12, 1998 CONGRESSIONAL RECORD — SENATE S1813 [Greeting] meaning to our present lives, Philippe respect at games of bridge or during physical May the God of all mercy and consolation (Cecile’s husband, my dad), Howard and Alba therapy, she was known to have run over be with you all. (Patrick’s parents), Ellen Pomerleau, Ida their toes with her walker. Patrick and I and Eli Bushnell, Henri Nouwen, Cecile’s sis- took to calling her the Dennis Rodman of [Sprinkling with water] ter and brothers, Don and Kay McNeill, and the walker set. In the waters of baptism Cecile died with Jean Paul Gaudette. In her music Christ and rose with Him into new life. May ‘‘Dying can become our greatest gift if we Soon after receiving her music diploma at she now share with Him eternal glory. prepare ourselves to die well.’’—Rev. Henri 17, she began teaching, and remained a music [Opening prayer] J.M. Nouwen. teacher to the end. During that long and I recall these recent words of Henri O God, source of all mercy and forgiveness, colorful career, she played the organ, the Nouwen. We don’t all have such a gift. Cecile hear our prayer for Cecile whom You have piano, she sang, she directed choirs at had it in abundance. She not only prepared called to the fullness of life. church, at school and for anyone who asked. herself, but she helped me, and all those who Because she put her hope in you, may she She was president of the Athena Club, rep- spent time with her in these last years to ap- be carried safely home, to enjoy her eternal resentative in Vt. of the National Associa- preciate this gift. The preparation for death reward. tion of Piano Teachers, a judge for piano au- was consistent and definite, religious and We ask this through God, the source of all ditions throughout the Northeast, and trav- secular; sometimes she was subtle, some- being, eternal word, and Holy Spirit, one elled to workshops at Priinceton and yale. times she was not. Even today, in this sac- God, forever and ever. Music was a remarkable area of gifts and rament, she helps us to understand her [Final commendation (after mass)] generosity for Cecile. death, and appreciate her life. In Chile, she gave lessons to students and Trusting in God, we have prayed together In a personal way, I thank you, Mom, for friends; at Goodwin House, she continued to for Cecile. And now, we share a final prayer. arranging this particular day. The sun is teach piano to the children of her nurses and There is sadness, but there is also joy of shining through the cold and bouncing off maids who came from Central America, Afri- knowing that one day we shall all gather the snow. And, it may not be appropriate for ca, Vietnam. She sang in the house choir, with her and sing to her accompaniment. all, but you called me away from one of the and went to operas and concerts until last We may disperse in sorrow, but the mercy busiest weekends imaginable. And, everyone year. For Cecile, music was her first lan- of God will gather us together again in the graciously agreed to replace me. And they guage, her contact with the divine, her dis- joy of the Kingdom. all said, of course, take the time off, all the cipline for ecstasy. Beethoven was the ex- We pray for this to God, the source of all time that you need. So, for calling us all to- pression of the divine that she most enjoyed. being, eternal word, and Holy Spirit. God, gether, thanks Mom! She transcribed a Beethoven sonata for forever and ever. Amen. In this spirit, I’d like to talk about the gift piano and clarinet, and we played it at every that Cecile left us, the gift of preparing well [Song of farewell] opportunity. While her own appreciation was for death, by turning life and its ending into [Prayer of commendation] specific (some might even say narrow—I a gift. This became especially obvious during never heard her play jazz, much less Into Your hands, O God of mercy, we com- her sickness, as she learned to cope with her ‘‘grunge,’’ nor put ‘‘rap’’ to music), she still mend our sister Cecile in the sure hope that physical limitations. This was not easy, and enjoyed anyone who was sincere and knew together, with all who have died in Christ it challenged her, at times, a lot. music. She once played for a wedding with a she will rise with Him. This gift of preparing well for death can be young rock guitarist. She improvished while Merciful Creator, turn toward us and listen seen in three areas: In her family, in her he played. Afterwards, she told us that she to our prayers: open the gates of paradise to music, and in her faith in God. your servant and help us who remain to com- was a bit surprised and annoyed by his lack fort one another with assurances of faith, In her family of appreciation, because he had commented until we all meet in God’s Kingdom, with When Cecile became sick, some 6 years to her: ‘‘Lady, you play a mean organ.’’ great rejoicing. ago, she was gradually disabled, becoming Marcelle explained to her that this was real- Amen. increasingly dependent on her daughter and ly meant as a compliement. son-in-law, Marcelle and Patrick. She had to HOMILY In her faith in God adjust, and so did they. It was difficult, it The center of Cecile’s spirituality con- (To Gary Moreau, musician, with whom went against her independent nature. But, sisted in making her family and friends Cecile collaborated for many years) she did it by keeping in touch with all the present through her rosary. When I said mass Gary, I begin by telling you that Mom family and many of her friends. asked me to play my clarinet with you at She continued to be a communications in her room, she would insert a litany of in- her funeral. When we talked about her death center for the family, linking cities by let- tentions that included all persons from the and the funeral, Cecile considered cremation. ters and phone calls. Washington, DC, Bur- present to the 19th century! But the rosary But then, she quickly realized that if I lington, Montreal, Chicago, Portland, Mex- was her constant companion and her favorite played my clarinet in front of the urn with ico, Chile, France. Friends that she had way of making her loved ones present to her, her ashes, I would look like an Indian snake made during her visits to Europe, to Mexico and available to God. God was not a com- charmer trying to tame a cobra inside a bas- and to Chile from 1986 to 1989. Her dear plicated and unknowable source of tran- ket. So, in order to leave me that musical friends in Santiago, especially Walter and scending bliss and light, nor was God a com- option, she decided to be buried in a more Bernardita, Juan-Pablo, Berni and Teresita, plicated web of metaphysical abstractions. conventional manner. and the Navarretes in Mexico City, espe- God was someone you spoke to, to whom you Recalling Cecile’s sense of humor, we are cially Tomas and all the brothers and sis- gave thanks for family and the gift of gathered here in sorrow. Still, she has also ters; Ellen Marie and all the children of friends, two-legged or four-legged ones. After listening to the news and weather, left us a rich legacy, filled with joy and grat- Tony and Rita. itude. These two virtues were an important As sickness closed in, Cecile’s world should she located every religious program on the part of her life. have too. Instead she continued to force open tube, including ‘‘that Mother Angelica’’ Our sorrow accompanies the joy. It is pre- the door. Friends in Chile, politics and fam- (when she could remember her name). ‘‘That cisely that which causes us sorrow that also ily in Canada, and the past became present. nun’’ she would say ‘‘is racist, sexist and becomes the fertile ground for our gladness. Stories about her childhood and grand- narrowminded. And, those priests who say In her memory, we all become close friends, parents and aunts and uncles were repeated mass often don’t know how to preach. So, I giving each other strength, and consolation, and some stories were told with much laugh- turn down the volume and say my rosary for and expressing our gratitude. Thanks to ter and others with tears. Joseph Robert, an them.’’ The rosary, again. It was her instru- Cecile’s death, we become angels to each uncle of her great grandmother’s was hung ment of theological reform and renewal! And she talked a lot about life after death, other. by the British in the Riel Rebellion in 1837. with longing (especially last year), but also ‘‘Nothing can make up for the absence of She translated most of the book on this re- with curiosity. She often asked me what someone whom we love, and it would be bellion by Jules Verne’s (Famille sans nom). heaven might be like after death. ‘‘What new wrong to try to find a substitute; we must Last year, she also finished translating into things are they saying about death,’’ she simply hold out and see it through. English the history of the Bouchards as told would ask. She would laugh (at my sputter- ‘‘That sounds very hard at first, but at the by her father, Arthur Bouchard. same time it is a great consolation, for the As for her new living arrangement in Good- ing), and then we’d have a cup of tea. gap, as long as it remains unfilled, preserves win House, her circle of friends was large— Conclusion the bonds between us, it is nonsense to say all the better to publicize the talents and ex- There’s much to include in these three cat- that God fills the gap; God does not fill it, ploits of her children. And, of course, to cam- egories, but it is clear that for her, they were but on the contrary, keeps it empty and so paign for her favorite ‘‘Senateur Leahy’’, and sacramental categories, that she came in helps us to keep alive our former communion the Democratic Party. I’m not aware that contact with God in family, in music, and in with each other, even at the cost of pain.’’— she made any illegal contributions to the prayer, especially with the prayer of her ro- Dietrich Bonhoeffer. campaign, but other dubious events were no- sary. With Bonhoeffer’s words, we also recall our ticed. To grumpy Republicans, especially So, today, we too stay in communion with communion with family and friends who give those who treated their wives with less than her, and with God, through the sacrament we S1814 CONGRESSIONAL RECORD — SENATE March 12, 1998 are celebrating. Even though it is the middle TOBACCO LEGISLATION are successful, if we do our job, we will of winter, cold with snow (not weather that Mr. DURBIN. Mr. President, at the finally say that the law in every State Cecile appreciated), we bless, and offer up outset I would like to say to my col- in the Nation which bans the sale of to- this bread and wine in memory of God’s love bacco products to children will be en- and compassion for us, and in memory of leagues in the Senate and those who Cecile’s presence, that of death as well as life are witnessing this Chamber this morn- forced. What a breakthrough that eternal. ing that we have a unique opportunity would be for us to finally come to grips We celebrate the death and resurrection of this year to do something of value not with the fact that these tobacco com- Jesus, knowing that this gives special mean- only for the children of this country panies with their insidious strategy ing to all our family reunions and human re- but for many others. It relates to an and their advertising have been going lationships. God’s presence is everywhere, issue that I have been involved in for after our kids. That is it. giving meaning to the presence of Cecile’s over 10 years. It started a little over 10 They lose 2 million of their best absence. ‘‘The presence of that absence is ev- years ago when as a Congressman from smokers each year; 400,000 die from to- erywhere,’’ in the words of Edna St. Vincent bacco-related diseases, and 1.5 million Millay. Illinois I was about to catch an air- We don’t just use these humble gifts of plane in Phoenix, AZ, to Chicago, but, or so quit. Well, if you are in the cor- bread and wine. Rather we let them speak to as usual, I was late. I came rushing porate board room of RJR or Philip us of joy and sorrow, of presence and ab- into the airport in Phoenix, AZ, put Morris, you say, ‘‘I have a problem. sence, of faithfulness and sacrifice. The Eu- my ticket on the counter of United Two million customers gone. We have charist reminds us that it is God’s gift to us Airlines, and said to the flight attend- to replace these customers. Where are to be fruitful. It is a human activity to be ant, ‘‘Can I make this plane?’’ She we going to go?’’ productive, a divine gift to be fruitful. In punched it into the computer and said, Well, we found out as we have sur- this Eucharist/sacrament, we receive that ‘‘You can if you hurry.’’ I said, ‘‘Can veyed that when a person reaches the gift from God. For that gift, and for peace, age of 18 and beyond, they are less like- we now give thanks. you get me a seat in the nonsmoking In the words of the Kaddish, ‘‘May God who section?’’ She punched it into the com- ly to decide for the first time to smoke. establishes peace in the heavens, grant peace puter, and said, ‘‘No. I am sorry. It is They are a little more mature. They unto us and unto all Israel, And say yes, too late. The only seat we have is a know the danger, and they stay away Amen.’’ middle seat in the smoking section.’’ I from it. But these corporate leaders in Mr. LEAHY. Mr. President, Marcelle looked at her, and I said, ‘‘I know I am the tobacco companies know that if and I loved our parents and we were in a hurry, but isn’t there something they can get kids to start smoking, loved by them. During the past decade you can do?’’ She looked at my ticket, they might have customers for life, al- and a half, we have seen them all and she looked at my title, and she beit an abbreviated life for many leave—Howard, Phil, Alba, and Cecile. looked me in the eye, and said, ‘‘No; smokers. Such good friends and such good par- but, Congressman, there is something So we see Joe Camel, we see ents are in our memories today. you can do.’’ Marlboro’s cancer cowboy, and we see all these efforts to glamorize tobacco. It is strange, but I still find myself So I got on that airplane and flew For what purpose? Ultimately so the stopping momentarily now and then as from Phoenix to Chicago seated be- children will try to smoke. Oh, these if to call each of them, perhaps to say tween two sumo wrestlers chain smok- tobacco companies do a great job. You thank you for all each gave, to tell ing the whole way. I turned my air vents on, one and then the other, and know what happens? Every single day them their love will live on in their realized when I got off that plane that in America 3,000 kids start smoking for children and their grandchildren, but I my clothes were stinking, my sinuses the first time. A third of them, 1,000 of think they knew that. They knew how were clogged, and I was grumpy. But I them, will find their lives shortened much their children loved them. They still would be alive. I looked a couple because of that experience. Kids who knew how much their grandchildren of rows away and saw a woman with a become addicted to nicotine become loved them. And at a time when it be- tiny baby and, on the other side of the smokers for life. The tobacco compa- comes almost a cliche to talk about plane, an elderly person. I thought to nies win. The kids lose. Their parents family values, our parents gave such myself, this doesn’t make any sense at lose. America loses. great family values to us. The love of all. Why do we let people smoke away We have a chance this year to change all the children for them has been so in the cabin of an airplane and endan- it. But we may blow that opportunity strong, and the grandchildren, espe- ger the health and lives of other peo- because, unfortunately, this Senate, cially, were fortunate to have grand- ple? and the House for that matter, have be- parents that they could know and love. So I came to Washington and in 1987 come tangled up in the politics of this We lost Cecile last February, but this introduced legislation to ban smoking issue and can’t see the forest for the February, a year later, her first great on airplanes. I never dreamed that it trees. If we miss this chance this year grandchild, Roan Seamus Nichols would be successful. In fact, it was the to do something about this effort to ad- Leahy, joined the family. Knowing first time in its history that the to- dict our children, we may never have it Cecile, she would consider this timing bacco lobby had lost a major vote on again. quite fitting, and her wonderful heart, the regulation of their product on the The President and Vice President if she were still alive, would expand to floor of the House of Representatives. have been leaders on this issue. We include him in her love with all the It was a bipartisan effort. I never would not be here today discussing it rest of us. would have succeeded without the were it not for President Clinton’s I say au revoir, Maman. intervention of Senator Claude Pepper, leadership. And we have seen many I suggest the absence of a quorum. who was chairman of the House Rules others, 42 States’ attorneys general, The PRESIDING OFFICER. The Committee, my friend; and Mike who brought lawsuits against the to- clerk will call the roll. Synar, the late Congressman from bacco companies and said, now it is The legislative clerk proceeded to Oklahoma; HENRY WAXMAN of Califor- time for you to pay for the damage you call the roll. nia, and some others. have caused to America by tobacco Mr. DURBIN. Mr. President, I ask It really started in my political ca- products; now it is time for you to be unanimous consent that the order for reer an effort to take a close look at held accountable for your lies, your the quorum call be rescinded. tobacco. Now, almost 11 years later, fraud, your deception, your advertising The PRESIDING OFFICER. Without that wave that was just starting to rise directly at children. objection, it is so ordered. in 1987 is about to crest in 1998. We So we are here today and the ball is Mr. DURBIN. Mr. President, I ask have a chance now to not just deal in our court. Will we do something unanimous consent that I be allocated with the annoyance and danger of sec- about it? Take a look at this. This is the time that has been assigned to Sen- ondhand smoke but something much, the situation. Here is the 1998 teen ator DORGAN as if in morning business. much bigger. We have a chance to smoking report. How many kids will be The PRESIDING OFFICER. Without enact legislation in 1998 that will dra- hooked today? Three thousand. How objection, it is so ordered. matically change, in America, our view many kids have been hooked so far this Mr. DURBIN. Thank you. of tobacco as a product for sale. If we year? Mr. President, 213,000. How many March 12, 1998 CONGRESSIONAL RECORD — SENATE S1815 kids will die too young because Con- JUDICIAL NOMINEES FOR THE nees. They rate higher by the Amer- gress has failed to act this year? Mr. FEDERAL DISTRICT COURTS OF ican Bar Association, one of the few President, 71,000. How many days are ILLINOIS standards that we use to grade men and left for Congress to act? Sixty-seven Mr. DURBIN. Mr. President, while on women who are being appointed to the days. And the count goes up every sin- the subject of the calendar, let me tell bench. So, clearly, we are being sent gle day—more kids addicted to nico- you I have waited patiently now—as qualified people in a timely fashion to tine, addicted to tobacco; more kids has the Senator from Illinois, Senator fill needs in Federal judicial courts who will die. CAROL MOSELEY-BRAUN—I have waited across America. Yet the Senate acts We are told repeatedly this is a short since November 1997 for the Senate to too slowly or refuses to act. session; we do not have a lot of time take up consideration of two Federal I stand here today and appeal to my here. We have just 67 days and then we colleagues, Democrats and Repub- District Court Judges of Illinois. Pat- have to get back to other things. What licans, to consider seriously these two rick Murphy of Marion, IL, is a nomi- is more important? What could be more nominees and bring them up for consid- nee for the southern district; Michael important than the lives of our chil- eration this week. Under the rules of McCuskey, now an appellate court dren? What could be more important the Senate, I can put a hold, inciden- judge at the State level, is our nominee than this opportunity in history for the tally, on people and a hold on bills. I for the central district. We have waited first time—the very first time—that we can even do that in secret. That is patiently for over 100 days while these can do something? Think about it. If what the Senate lets me do. In other names languished on the Senate Execu- we said, as part of our legislation, leg- words, they cannot move the person, tive Calendar. During that period of islation I support, that the tobacco they cannot move the bill, if this one time, other judges’ names have come companies have to show reductions in Senator decides he does not want them and gone, been approved by the Senate, kids smoking or they are going to pay to move it. I have not done that. I have but the two nominees from Illinois sit more, guess what will happen. They never done that to an individual, and I and languish. will reduce the number of sales to kids. don’t want to start. I don’t think it’s It is bad enough that these two gen- They will watch it more carefully. If fair. I hope I never reach the point tlemen, for whom there has been no we say to these tobacco companies that where I have to use that strategy. I negative comment, no suggestion that we are sick and tired of your insidious would much rather see us vote on these they are not qualified—it is bad enough advertising at sporting events and all men and women on their merits. If that their lives have been interrupted sorts of billboards near schools—we they are worthy of appointment to the because of the Senate’s failure to act. know what is going on here—it is com- Federal bench, let us take the action What is even worse is that for the peo- ing to an end, we can do it; we can do and make sure it happens. ple they would serve in southern and it this year. I hope my colleagues in the Senate central Illinois, there are vacancies on There is more. We also have to take will join me and this week we can fi- the Federal bench. The southern dis- the money that will come from this ef- nally see the logjam broken, not only trict of Illinois has the third oldest ju- fort—from additional fees, for example, on these judicial appointments, but dicial vacancy in the Nation. We have on tobacco products—and make sure also on this critical legislation. With that it is well spent on antitobacco ad- seen over 1,900 days have passed since only 67 days left for us to go to work, vertising, on medical research, and on there was a judge in this seat, more let’s make sure we do not miss the so many other things the President has than 1,000 days in the central district. most important issues and challenges suggested. These high vacancy rates for the facing us. The President wants to take these Southern and Central Districts of Illi- I yield the remainder of our time. funds and put them into the basics, nois are causing a great hardship, not The PRESIDING OFFICER. The Sen- make sure there is money for edu- only on the judges who are sitting and ator from Virginia. cation, make sure there is money for trying to meet their responsibilities Mr. WARNER. Mr. President, par- child care, make sure there is money at but on those who come to the court- liamentary inquiry. The PRESIDING OFFICER. The Sen- the NIH for medical research. This is house and expect, as every American citizen, every American family, and ator from Virginia. money that is well spent and well in- Mr. WARNER. I wish to address the vested. But we can miss this oppor- every American business should, that they will be handled fairly and in an amendment to be voted on in 4 min- tunity. We can find ourselves twisted utes. in knots. Unfortunately, we may find, expedited fashion. I think it is time for us to act as a Mr. KERREY. Will the Senator yield? if that occurs, we may never have this Mr. WARNER. How much time does Senate on these two nominees. I will chance again. my colleague need? Today is March 12; there are 67 days stand on this floor and gladly defend Mr. KERREY. Three minutes? left on Capitol Hill to take action on each of these nominees because I know Mr. WARNER. Then we will accom- an antitobacco bill. If we are going to the stellar qualities that they bring to modate the Senator. Take 4. do this, the Senate needs to finish up this appointment. But the Senate has f its work on this bill by Memorial Day to meet its responsibility. It has to call and no later. There are 3,000 reasons these names for consideration. THE INTERMODAL SURFACE each day to pass this legislation—the We have seen, unfortunately, over TRANSPORTATION EFFICIENCY 3,000 kids who start smoking for the the last year or so, a pattern in the ACT first time. There are no good reasons Senate which is distressing. Last year, Mr. KERREY. Mr. President, I would not to. When you count the days and President Clinton had only 45 percent like to commend my Democrat and Re- you count the kids and you count the of the nominees for the Federal bench publican colleagues for their hard work cost, I think you understand the grav- that he sent to the Senate who were in creating a transportation bill that ity of this situation. We have offered actually confirmed. You may say that will reduce traffic congestion, make comprehensive legislation. I hope we probably is what the average is, is it our roads safer, and protect the U.S. can count on our friends on the other not? In fact, it is not. Under Presidents environment. ISTEA, the Intermodal side of the aisle to join us. Reagan and Bush, the confirmation Surface Transportation Efficiency Act, Yesterday the committee hearings rate of their nominees, by a Demo- is one of the most important items on focused on details of tobacco legisla- cratic Senate, was substantially high- the legislative agenda of the 105th Con- tion—immunity, liability, committee er—70 and 80 percent. gress. jurisdiction—but it is time to bring the Some of the Republicans say, ‘‘I wish The American people deserve nothing focus back where it belongs. This is not the President would send us more less than a world-class transportation about the details of the legislative qualified people.’’ Yet when you take a system that will facilitate economic process, it is about our children. Let’s look at the ratings of the President’s growth and improve transportation send a bill to President Clinton that he nominees by the American Bar Asso- safety. This bill achieves that goal in a can sign. We certainly owe it to Ameri- ciation compared to the nominees sent fair manner and guarantees that Amer- ca’s kids to stop stalling and start sav- by President Reagan and President ica’s transportation infrastructure will ing lives. Bush, these are actually better nomi- be vital well into the next century. S1816 CONGRESSIONAL RECORD — SENATE March 12, 1998 ISTEA is an investment in people In 1996 alone, there were 4,257 high- benefiting infants through senior adults will and in communities. The Nation’s way-rail crossing collisions that re- be lost because Nebraska will lose $600,000 in transportation systems move $6 tril- sulted in 488 deaths and over 1,600 inju- grant funds tied to this bill. Law enforce- lion worth of goods every year. Behind ries. These incidents are mostly pre- ment agencies will not receive 150 in-car video cameras and will lose funding for 4,200 every one of the products that makes ventable if adequate safety precautions man-hours of traffic enforcement in hazard- up that $6 trillion stands a hard-work- are taken. As the volume of rail traffic ous locations. Child safety seat loaner pro- ing person pursuing the American continues to increase, dedicating funds grams will have 400 fewer units to lend. dream. ISTEA will create jobs and add to these dangerous crossings will help * * * * * to the productive capacity of our work- ensure the number of accidents is re- AAA Nebraska is urging Congress to act ers and the economy by enabling busi- duced. The Senate took a strong step quickly on the reauthorization of the Inter- nesses to market their products quick- towards reducing these collisions by modal Surface Transportation Efficiency ly and efficiently. The American people accepting these amendments, and I Act, including the passage of the Byrd- have challenged us to provide infra- strongly encourage the House to place Gramm Amendment which will increase structure that can meet the transpor- a similar emphasis on highway-rail roadway investments about 2 percent if tation needs of one of the strongest crossing safety when they consider budget surpluses are realized this year. economies of the world. With this bill, ISTEA in the coming weeks. A Senate speech by Nebraska Sen. Bob we are meeting their challenge by pro- Mr. President, I also appreciate very Kerrey is quoted in the Feb. 5 Congressional much the strong vote given on this Record: ‘‘For me, ISTEA legislation is one of viding them the sources necessary to the most important things with which this create and maintain the transportation floor to extending the ethanol credit. Congress deals. It creates immediate jobs, infrastructure that will keep America But mostly I applaud the leadership of employs people in my state, but much more strong. Republicans and Democrats who under- importantly, it adds to the productive capac- One of my top transportation prior- stand the importance of ISTEA to the ity out in the future.’’ ities has been improving safety on American economy and the American AAA encourages Senator Kerrey to con- America’s roads and highways. Mr. environment and to those hard-work- tinue to fight for passage of this important President, 41,000 Americans are killed ing Americans who are pursuing the legislation and urges our other congressional American dream. leaders representing us in Washington to do every year in traffic accidents. We can the same. Nebraska is counting on it. reduce this horrifying number by con- Mr. President, I ask unanimous con- centrating our resources on high-risk sent to have printed in the RECORD an The PRESIDING OFFICER. The Sen- roads and dangerous intersections. We article from the Omaha World-Herald ator from Virginia. know, for example, that rural two-lane dated February 26, 1998. Mr. WARNER. Mr. President, par- roads account for more than half of all There being no objection, the article liamentary inquiry as to the next order traffic and nearly three-quarters of was ordered to be printed in the of business. My understanding is we go traffic fatalities. Better engineering RECORD, as follows: to the bill at 10:30, at which time the and planning can reduce the accidents [From the Omaha World-Herald, Feb. 26, McCain amendment is the pending 1998] that repeatedly occur on these dan- business without debate? gerous roads. CONGRESS MUST UNLOCK ROADS FUNDS The PRESIDING OFFICER. The Sen- I introduced several amendments to [By Rose White] ator is correct. address this very serious problem. The Have you ever been in a financial situation f first amendment systematically makes in which ‘‘robbing Peter to pay Paul’’ was the only way to get through the crisis? One EXTENSION OF MORNING safety a priority consideration in high- of Nebraska’s largest agencies is currently in BUSINESS way construction and maintenance this situation, and it’s an agency from which Mr. WARNER. I have been informed programs. This language sends a strong we all benefit—the State Department of message to Federal, State, and local Roads. by the majority leader’s office that transportation planners that they need As a result of Congress’ failure to reau- there is a necessity to delay the vote to focus on enhancing safety. The sec- thorize a multi-year federal highway bill by, say, 15 minutes. Therefore, I ask known as the Intermodal Surface Transpor- now that the hour of 10:45 be estab- ond amendment establishes a two-lane tation Efficiency Act, repairs on dilapidated highway safety program to begin sys- lished as the time at which the bill will bridges, safety improvements on high-risk be brought up, and then the pending UC tematic reconstruction of rural two- roads and major construction projects are lane arterial highways that are not a being forced to wait in limbo. The Nebraska will take effect at that point. part of the National Highway System. Department of Roads has had to borrow from The PRESIDING OFFICER. Without Mr. President, I intend to speak at the state reserve fund to provide temporary objection, it is so ordered. greater length on this when the oppor- relief. AMENDMENT NO. 1726 What’s truly unfortunate about this situa- Mr. WARNER. Mr. President, we will, tunity comes to offer this amendment. tion is that the money we need for this It has not yet been accepted. I under- year’s construction season is sitting in an therefore, continue in morning busi- stand that it can be controversial be- account waiting for congressional leaders to ness. I would like at this time to ad- cause of the need to shift money from approve reauthorization of the ISTEA. With- dress the McCain amendment, which one area to another. Given the num- out its passage, the Nebraska Department of will be brought up shortly after the bers of traffic fatalities on these roads, Roads will be powerless in executing many of hour of 10:45, when the Senate goes to there are literally lives hanging in the its long-range plans for roadway improve- the bill. It is my intention to be a sup- ments. porter. I ask unanimous consent I may balance. We have created a strong The temporary extension of the highway Interstate and National Highway Sys- funding bill is due to expire on March 31, be made a cosponsor. tem. It is now time to take the next leaving little time for legislators to agree on The PRESIDING OFFICER. Without step in completing this by improving a spending formula which will ensure its pas- objection, it is so ordered. the dangerous two-lane arterial roads sage. Mr. WARNER. Mr. President, the that carry traffic to the National High- How will failure to pass this legislation af- senior Senator from Arizona has estab- ways and Interstate Highway Systems. fect motorists in Nebraska? It already has lished himself many times in terms of In addition, I authored two amend- disrupted Nebraska’s ability to plan, solicit his desire to have fiscal responsibility project bids and approve contracts. Uncer- ments to address the very serious prob- tainties about funding may cost hundreds of on a series of legislative proposals as lem of accidents at railway crossings. I Nebraska workers their jobs. they come before this body. am pleased to report the Senate ac- With Nebraska’s short road construction I wish to commend him. This one I cepted both of these amendments. season, it’s imperative that funding be des- feel very strongly should receive the These provisions focus attention on re- ignated now or projects will have to wait support of all 100 Members of the Sen- ducing accidents by making highway until next year where they will overlap with ate. I say that because the highway bill rail-crossing improvement projects eli- 1999’s plans. Such overlapping will likely in- has been given careful consideration by gible for funds through the Intelligent crease traffic congestion, put motorists at a the Senate for almost 2 weeks. Hope- greater safety risk and create shortages in Transportation Systems Program and manpower for construction crews. fully, we can vote final passage in a the Innovative Bridge Research Pro- Failure to pass this bill has also placed matter of hours. Of course, we under- gram. many safety programs in jeopardy. Programs stand it will then go to conference. March 12, 1998 CONGRESSIONAL RECORD — SENATE S1817 I did a little research about dem- put up the matching funds to develop certain firm outside of Washington, onstration projects. That is the subject the project. As a consequence, we now DC, and then the same offer was made of the McCain amendment. The first have, of the 1991 bill, half the funds to Ms. Lewinsky. When these matters paragraph of the McCain amendment languishing when they could have been were called to the attention of Attor- says: spent elsewhere, perhaps within that ney General Reno, she asked Mr. Starr Notwithstanding any other provision of State, or for other really high-priority to expand his jurisdiction. law, a demonstration project shall be subject projects. The result has been a large But that was not the first call for the to any limitation on obligations established percentage of these funds have not expansion of Ken Starr’s jurisdiction. by law that applies to the Federal-aid high- been spent because they are not prior- He was appointed as independent coun- ways and highway safety construction pro- ity projects in that State. sel on August 5, 1994, to take over the grams. Further, setting aside funds for these investigation which had been con- In essence, if a State wants a dem- projects grossly distorts our objective ducted by independent counsel Robert onstration project and a Member of ei- to achieve equity and fairness in the Fiske which involved the Madison ther body gets that on to the bill, then distribution formulas. Historically, Guaranty Savings & Loan matter it counts toward their quota. I think it project funds are not calculated in each which resulted in the conviction of is very sensible because, historically, State’s return in their contributions to three individuals, including the former here is what has happened. the highway trust fund. Governor of Arkansas, Governor Tuck- The surface transportation bill in The amendment by Senator MCCAIN er, and all aspects, including the al- 1987 was, Mr. President, the first time is an important statement for the Sen- leged multimillion dollar fraudulent demonstration projects were author- ate to take to the conference. I thank bankruptcy engaged in, again, by ized on that bill, approximately $1 bil- the Chair. I yield the floor. former Governor Tucker and two other lion to $2 billion. During ISTEA 1991, I Mr. SPECTER addressed the Chair. individuals. was a member not only of the commit- The PRESIDING OFFICER. The Sen- Mr. Starr’s jurisdiction was then ex- tee but a conferee. I was in about the ator from Pennsylvania. panded on May 22 of 1996 to investigate second or third row, and I watched Mr. SPECTER. Mr. President, since possible violations of Federal criminal what took place. The demonstration the vote is now set at 10:45, I ask unan- law concerning the firing of White projects flowed in the course of the bill imous consent to proceed in morning House Travel Office employees, a major being developed in the House and then business for 10 minutes. investigation. in the conference. The result: The The PRESIDING OFFICER. Without Then another expansion of Mr. grand total was $6 billion of dem- objection, it is so ordered. Starr’s jurisdiction occurred on June onstration projects. f 21, 1996, when he was asked to take When the Environment and Public over the investigation relating to mat- Works Committee started work on this EXPANSION OF THE KEN STARR ters of the Federal Bureau of Investiga- legislation, it was in my subcommittee INVESTIGATION tion reports for background investiga- which I chair, and with the distin- Mr. SPECTER. Mr. President, I have tions being turned over to the White guished ranking member, Mr. BAUCUS, sought recognition to comment on the House between December 1993 and Feb- the committee decided that we would calls for Mr. Ken Starr to end his in- ruary 1994, another highly controver- not put in demonstration projects. vestigation and to urge the public and sial and complex matter. That philosophical decision has carried the media to give Mr. Starr an oppor- A third occasion was brought about through to this moment. In this bill, as tunity to finish his work, to put the where, again, Mr. Starr was asked to amended, to the best of my knowledge, issue on the back burner, to accord the expand his jurisdiction on October 25, there are no demonstration projects, President the presumption of inno- 1996, to determine whether White and we have achieved our goal so that cence, to accord the same presumption House counsel Bernard Nussbaum had we will go to conference with zero, to Mr. Starr—put the matter on the violated Federal law before the U.S. with an allocation of the money to the back burner so that we can focus on House of Representatives Committee several States, hopefully in the range the pressing problems of Iraq, the on Government Reform and Oversight. A fourth expansion of Mr. Starr’s ju- of 91 percent return on that dollar paid budget, the highway bill and the other risdiction occurred on January 29 when by citizens of that State or visitors at important matters to come before the he was asked to take a look at the the gas pump. That was a goal I Government. issue as to whether Ms. Monica charted in the subcommittee work. It There has been much questioning of Lewinsky had suborned perjury, ob- had solid support in the subcommittee, why Ken Starr has taken so long on the structed justice, intimidated witnesses we had solid support in the full com- investigation of the Whitewater matter or otherwise violated Federal law. mittee, and I am proud to say we have and how he has jurisdiction over the If you take a look at just one item on achieved that equity in this bill. incident involving Ms. Monica the agenda of what Mr. Starr has had, If we begin to put in, in conference, Lewinsky. There has not been an expla- and that is the investigation of former the magnitude of demonstration nation, to the best of my knowledge, as Governor Jim Guy Tucker, that matter projects approximating what was done to the activities of Mr. Starr which occurred on his jurisdiction on Septem- in 1991, watch out; that 91 percent is have been expanded so substantially ber 2, 1994, when the Department of going to disappear. Therefore, I think and the kind of delays which have nec- Justice confirmed Mr. Starr’s jurisdic- it is important that we will carry this essarily been involved in the work of tion. bill through today without demonstra- independent counsel, something that I On June 7, 1995, the Little Rock tion projects. understand, having been district attor- grand jury returned a three-count in- There is another reason. I went back ney of Philadelphia and having run a dictment against Governor Tucker. and looked at the 1991 bill. About half number of grand jury investigations. On September 5, 1995, the district of those projects under that legislation People wonder why Mr. Starr has court dismissed the indictment. have never been completed to this date, moved from Whitewater to Ms. Then it was not until December 12, 6 years later, and the reason is that a Lewinsky. The fact of the matter is 1995, that Mr. Starr argued the matter Member of the U.S. Congress, if he or that he has done so at the specific re- before the eighth circuit asking that she is successful in getting a dem- quest of Attorney General Reno. We the indictment be reinstated and that onstration project, gets $2 million or $3 know how circumspect Attorney Gen- the judge be removed. million authorized, goes out with a eral Reno has been with the appoint- On March 5, 1996, the Eighth Circuit press release, gains all the notoriety ment of independent counsel. But he reinstated the indictment and dis- for bringing home something, and then was asked to do so because matters missed the judge. what happens? The State, which has came to light which suggested a con- Between March and October of 1996, overall authority over what is really nection with the way that Mr. Webster Governor Tucker and two other defend- going to be built in that State, decides, Hubble was offered employment out- ants took appeals to the Supreme one, it is not a priority item for the side of the District of Columbia, ar- Court of the United States, which were State and, two, they are not going to ranged by a certain individual with a not denied until October 7, 1996. S1818 CONGRESSIONAL RECORD — SENATE March 12, 1998 On October 22, the case was assigned the case involving former Gov. Jim the President publicly urge Susan McDougal to another judge. The trial date was set Guy Tucker was pending with a whole to testify before the grand jury in Little on October 21 and an application for series of complex legal maneuvers, Rock. (See Chronology of Correspondence continuance was filed by Governor until on February 20 of this year, with White House on Susan McDougal’s Re- fusal to Testify Before the Grand Jury) Tucker on October 31, and it was grant- former Governor Tucker entered a June 30, 1997—Judge Wright denies Ms. ed until March 17. guilty plea and signed cooperative McDougal’s third Motion to Vacate Civil Because of the limitation of time, I agreements. Contempt. ask unanimous consent that the full Without taking a look at the specif- July 18, 1997—Judge Wright denies Ms. chronology be printed in the RECORD. ics, it is hard to see why Mr. Starr has McDougal’s motion for reconsideration of There being no objection, the chro- taken so long. But this is just one item the Court’s June 30, 1997 Order. nology was ordered to be printed in the on the agenda, and the chronology February 23, 1998—The United States Court of Appeals for the Eighth Circuit (McMillian, RECORD, as follows: shows why so much of the delay has oc- Gibson, and Beam) affirms Ms. McDougal’s TUCKER I CHRONOLOGY curred. May 28, 1996 conviction. August 31, 1994—Judge Starr writes letter I ask unanimous consent, Mr. Presi- March 9, 1998—Ms. McDougal’s confine- of referral to Attorney General Reno seeking dent, that the chronology as to Ms. ment for civil contempt expires, and she be- confirmation of jurisdiction over the Tucker Susan McDougal be printed in the gins serving the 24-month fraud sentence I investigation. RECORD showing exhaustive applica- previously imposed by Judge Howard on Au- September 2, 1994—Acting Assistant Attor- tions from August 17, 1995, until March gust 20, 1996. ney General John C. Keeney writes Judge 9, 1998, involving the immunity grant Mr. SPECTER. Mr. President, there Starr confirming jurisdiction. and the refusal of that witness to tes- have been frequent misunderstandings, June 7, 1995—Little Rock grand jury re- as matters have been reported, one as turns a 3-count indictment against Governor tify. Tucker. There being no objection, the chro- recently as Senator LOTT’s—our distin- September 5, 1995—District Judge Henry nology was ordered to be printed in the guished majority leader—comments Woods dismisses the 30-count indictment on RECORD, as follows: over the weekend talk shows with his grounds of lack of jurisdiction. SUSAN MCDOUGAL CHRONOLOGY statement about Mr. Starr ending his December 12, 1995—Judge Starr argues be- investigation being taken entirely out August 17, 1995—A federal grand jury in fore Eighth Circuit Court of Appeals seeking Little Rock returns a 21-count indictment of context, something that Senator reversal of the dismissal and recusal of charging Susan McDougal, James McDougal LOTT has explained. Judge Woods for bias. Several weeks ago, I made a com- March 15, 1996—Eighth Circuit panel unani- and Governor Jim Guy Tucker with fraud-re- mously reverses Judge Woods’ dismissal, or- lated charges. ment that I thought Attorney General March 4, 1996—The trial of Susan ders reinstatement of indictment, and re- Reno erred in appointing Mr. Starr to McDougal, James McDougal and Governor moves Judge Woods from the case. the Lewinsky matter because the March–October 1996—Governor Tucker and Tucker begins before U.S. District Judge American public would not understand the two co-defendants file petitions for re- George Howard, Jr. why he was on the President’s personal May 28, 1996—The trial jury finds Susan hearing (unsuccessfully) and then petitions McDougal guilty of three counts: (1) Mail affairs after having started on White- for certiorari in the United States Supreme Fraud; Aiding & Abetting Misapplication of water. No criticism at all of Mr. Starr, Court. but it was my view that Mr. Starr October 7, 1996—Supreme Court denies cer- SBIC Funds; (2) Aiding & Abetting False tiorari, and remands the case to the District Entry in SBIC Records; (3) Aiding & Abet- would become a lightning rod for the Court in Little Rock for trial. ting False Statement on an SBIC Loan Ap- investigation, taking focus away from October 22, 1996—Case reassigned to Chief plication. the real subjects of the investigations. U.S. District Judge Stephen M. Reasoner. August 20, 1996—Judge Howard sentences My comments were interpreted to be October 24, 1996—Trial is set for December Ms. McDougal to: 24 months BOP; $5,000 fine, critical of Mr. Starr, which they, in $300,000 restitution, community service, and 2, 1996. fact, were not. October 31, 1996—Governor Tucker files a $200 special assessment. September 3, 1996—United States District I think it is true that Mr. Starr has Motion for Continuance of December 2, 1996 not run a perfect investigation, and I Trial on health grounds. Judge Susan Webber Wright, who handles November 14, 1996—District Court enters Grand Jury matters in the district, enters an commented publicly that it is not easy order postponing Governor Tucker’s trial order granting Ms. McDougal immunity and in the course of one of these complex and setting new trial date of March 17, 1997. ordering her to testify before the Grand matters, again relating to my own ex- December 25, 1996—Governor Tucker gets Jury. perience in operating grand juries as liver transplant. September 4, 1996—Ms. Dougal appears be- district attorney, when he brought be- fore a Federal Grand Jury in Little Rock, January 31, 1997—Governor Tucker files a fore the grand jury certain witnesses second Motion for Continuance of trial. Arkansas, and refuses to testify. September 6, 1996—Judge Wright orders on obstruction-of-justice charges, February 11, 1997—District Court enters which seemed to me to be a misreading Order continuing trial date to September 22, Ms. McDougal held in contempt for her re- 1997. fusal to testify before a Grand Jury. Judge of the statute. June 4, 1997—Governor Tucker files third Wright orders Ms. McDougal to be detained But one thing that must be remem- Motion for Continuance of trial date. until she agrees to testify or until eighteen bered is that the Attorney General of July 22, 1997—District Court enters order months has passed. the United States, Janet Reno, has full granting Governor Tucker’s further continu- September 9, 1996—By arrangement with authority to remove Mr. Starr or to Judge Wright, Ms. McDougal surrenders to ance, continuing trial date yet again. limit his activities if she chooses to do August 15, 1997—Court denies Haley sever- the U.S. Marshal to begin her civil incarcer- ation. so. In fact, her superior, the President ance motion to grant Marks’ continuance. of the United States, has the authority Trial for all three defendants is set for September 19, 1996—Judge Wright denies March 9, 1998. Ms. McDougal’s Motion to Vacate Civil Con- to order the removal of Mr. Starr, not August 26, 1997—William Marks pleads tempt. saying he would do so in the light of guilty, signs cooperating agreement, begins September 23, 1996—President Clinton our experience with the ‘‘Saturday cooperation with the United States. interviewed on PBS–TV’s ‘‘News Hour’’ by Night Massacre.’’ But the Attorney November 6, 1997—Anticipating a fourth Jim Lehrer about possible pardon for Susan General of the United States does su- McDougal. (See page 8 of ‘‘News Hour’’ tran- Motion for Continuance by Governor Tucker, pervise what is going on here and so OIC files a Motion to Retain or Advance script) October 3, 1996—Susan McDougal waives does the three-judge court. Trial Date. Taken in its entirety, there is ample December 6, 1997—District Court enters her right to oral argument in the matter of Order setting firm trial date of February 23, Judge Wright’s contempt Order. justification for the length of time 1998, and suggesting no further continuances October 9, 1996—The United States Court of which has been taken, and that if any- will be granted. Appeals for the Eighth Circuit (Bowman, body other than Mr. Starr had been February 20, 1998—Governor Tucker and Loken, and Hansen) affirms Judge Wright’s asked to take over the investigation co-defendant Haley plead guilty, sign cooper- contempt Order. relating to Ms. Monica Lewinsky on ative agreements. November 14, 1996—Judge Wright denies Ms. McDougal’s second Motion to Vacate January 29, 1998, it would be hard to Mr. SPECTER. The long and short of Civil Contempt. understand how anybody less than 2 this, Mr. President, is that from Sep- February 14, 1997—OIC writes Counsel to months after that fact would be calling tember 2, 1994, until February 20, 1998, the President Charles Ruff, requesting that for him to terminate his investigation. March 12, 1998 CONGRESSIONAL RECORD — SENATE S1819 So it is my hope that we will all take We cannot allow the criminal ele- protection if this person, in their cow- a deep breath, let Mr. Starr continue ment to have the upper hand. One ardly manner, gets out and shoots his investigation, put it on the back thing we can do is what we are doing in them. These body protectors will stop a burner, take the pressure off the Presi- this legislation to protect law enforce- bullet from killing them. It will still dent, give him the presumption of in- ment officers all over the country, in- hurt, but it will stop the bullet from nocence until the investigation is com- cluding the State of Nevada, who put killing them. pleted, and give Mr. Starr the similar their lives on the line every day to pro- I express my appreciation to the sen- presumption of propriety as to what he tect us—our property and our person. ior Senator from Virginia for his kind is doing so we can move forward to the Boulder City Police Officer David comments and his usually fine advo- very important business at hand in this Mullin, who acts as the chief of police cacy on behalf of the people of Virginia country, including the ISTEA legisla- of Boulder City said: and this country. tion. These vests are real life savers. They not Mr. WARNER. I thank the Senator, I note the hour of 10:45 has come. And only help protect officers from attacks in- and I ask unanimous consent I be made ISTEA is the pending business which volving guns and knives, they have [even] a cosponsor of the bill. saved many officers from major injuries or The PRESIDING OFFICER. Without will occupy the country, much to the death in traffic accidents. Unfortunately, [he benefit of the country, contrasted with goes on to say] there is a real difficulty in objection, it is so ordered. the matters relating to Mr. Starr and meeting purchasing and replacement [costs f the President on that pending inves- of these instruments]. TRIBUTE TO MR. GEORGE T. tigation. These body-protection elements will SINGLEY, III I thank the Chair and yield the floor. go a long way in helping law enforce- f ment in Nevada. Bulletproof vests can Mr. LOTT. Mr. President, I would cost $1,000. They cost that much like to recognize the professional dedi- THE BULLETPROOF VEST cation, vision, and public service of Mr. PARTNERSHIP ACT money. Nevada Highway Patrol Col. Michael E. Hood recently recounted a George T. Singley, III. He is retiring Mr. REID. Mr. President, during a story about Maj. Dan Hammack, of the after 33 years of military and civilian much earlier stage in my life, I was a Nevada Highway Patrol. He stopped service in the Department of Defense, police officer. It was a different time. someone. The person immediately got most recently, as Acting Director of Police officers were treated much dif- out of the car—this is a routine traffic Defense Research and Engineering ferently then than now. One of the stop —and shot Major Hammack in the [DDR&E]. A native of Delaware, and a things I did not have to worry about stomach. Had he been wearing this long time Virginia resident, Mr. was wearing any type of bulletproof armor, he would not have been injured Singley is a nationally and inter- vest or body armor. That is not the at all. nationally renowned technology leader. case today. Things are much different Unfortunately, the accounts of Chief As both Deputy and Acting Director of than when I was a police officer. David Mullin and Highway Patrol Col. Defense Research and Engineering, he Now all law enforcement officers in Michael Hood are stories that are has guided our nation’s Science and the United States, sadly, must be con- heard all over the country on a daily Technology (S&T) defense effort for cerned about being shot or in some way basis. The Bulletproof Vest Partner- several years. harmed as a result of their being a po- ship Act will ensure that all our law His extraordinary vision and strong lice officer. Because of that, Mr. Presi- enforcement officials will have the leadership have dramatically enhanced dent, I am very happy to commend this ability to be equipped and protected for the defense S&T program. This con- body for the passage of the Bulletproof their jobs. I think this legislation tribution significantly improved our Vest Partnership Act, which was should move as quickly as possible in efforts to field a force whose techno- passed last night by unanimous con- the House so we can save the lives of logical superiority remains unchal- sent in this body. I commend Senators police officers on a daily basis in this lenged, now, and well into the next LEAHY, CAMPBELL and HATCH for work- country. century. He has focused the defense ing on this legislation with this Sen- Mr. WARNER addressed the Chair. S&T program on developing capabili- ator and others. We ask that this mat- The PRESIDING OFFICER. The Sen- ties necessary to achieve the goals of ter be acted on very quickly by the ator from Virginia. future joint warfighting, as expressed House and sent to the President as Mr. WARNER. I say to the Senator, I in the Chairman’s Joint Vision 2010. soon as possible. would very much like to be a cosponsor Before coming to DDR&E, Mr. This bipartisan legislation creates a with the Senator. I find, Mr. President, Singley served as the Deputy Assistant $25 million fund and a 50 percent in my work in the Senate that when Secretary of the Army for Research matching grant program within the Senator REID speaks, I listen. He has and Technology. He was responsible for Department of Justice to help State made a very valuable contribution to the Army’s entire S&T program. This and local law enforcement agencies the highway bill as a member of our program, spanning 21 laboratories and purchase body armor and bulletproof committee. I have followed this same centers with approximately 10,000 sci- vests. The State of Nevada will receive subject for some time. I know that law entists/engineers had an annual budget at least $200,000 each year for this. enforcement across the land would be of $1.4 billion. Mr. Singley also was the According to the Federal Bureau of heartened by this initiative. It is long chief scientist to both the Secretary of Investigation, more than 30 percent of overdue, Senator. the Army and the Assistant Secretary the approximately 1,200 police officers Mr. REID. I say to my friend from of the Army for Research, Development who have been killed by firearms since Virginia, the law enforcement officials and Acquisition. As a Program Execu- 1980—30 percent, I repeat—would have in Virginia have the same difficulty as tion Officer in the Army, he led five had their lives saved if they had been the law enforcement officials in Ne- helicopter program offices. He pio- wearing bulletproof vests or body vada and the rest of the country. As we neered the Light Helicopter Experi- armor of some kind. come home late at night, I see, along mental (LHX) program, better known The FBI estimates that the risk of the parkway going to my home in Vir- as Comanche, which became the fatality to officers while not wearing ginia, police officers have pulled some- Army’s first stealth helicopter pro- these body protectors is almost 14 body over. It is dark at night and they gram. A truly remarkable career. times higher than those wearing such are out there alone. That is a frighten- Mr. Singley is Chairman of the Exec- body protection. We hear all the time ing thing. Think of how that man or utive Board of the American Helicopter about police officers who do not have woman who has to do that feels in the Society. He served as their President the same protection that criminals dead of night, pulling over somebody, from May 1996 through April 1997. He is have. And that is the truth. It is a sad and they don’t know for sure who is in a past Vice President of the Army state of affairs when criminals many the car. They know something is wrong Aviation Association of America, and a times are better protected on our or they wouldn’t pull the car over. member of the Association of the streets than our law enforcement offi- What this legislation does is give United States Army. His numerous cials are. them an even break. They have some awards include: S1820 CONGRESSIONAL RECORD — SENATE March 12, 1998 Meritorious Executive Presidential March 9, 1998 edition of the Wall Street turned its back on high-tech again, as I re- Rank Award (twice); Journal, Dr. T.J. Rodgers the President cently told the Senate Judiciary Committee, Secretary of Defense Meritorious Ci- and Chief Executive Officer of Cypress where I was joined by representatives of vilian Service Awards; Semiconductor Corporation, clearly ar- Intel, Microsoft, Sun Microsystems and Texas Instruments. Commerce Secretary Secretary of Defense Award for Ex- ticulated why this country needs in- William Daley has said that an increase in cellence; creased access to skilled professionals. H1–B immigration is ‘‘not feasible’’—Wash- Distinguished Executive Presidential The author is widely considered to be a ington-speak for ‘‘drop dead.’’ But Sen. Spen- Rank Award; leading authority on high-tech issues cer Abraham (R., Mich.), for one, is listening. American Defense Preparedness As- and recently offered his expertise on He introduced legislation last week that sociation Firepower Award; the H1–B visa issue in a Senate Judici- would raise the H1–B cap by a modest 25,000. University of Delaware College Dis- ary Committee hearing on the shortage The claim that skilled HI–B immigrants tinguished Engineering Alumnus; of high-tech workers in America. I urge take jobs from Americana is preposterous. Exceptional Civilian Service Award; my colleagues to read Dr. Rodger’s Did Hungarian immigrant and Intel CEO educated summary of this serious prob- Andy Grove take some ‘‘real’’ American’s Meritorious Civilian Service (twice); job, or did he help to create 50,000 high-qual- Department of Army Staff Badge; lem and consider a bill I introduced ity jobs? and last week with Senators HATCH, Engineers create jobs. Cypress employs 470 American Helicopter Society Grover MCCAIN, DEWINE, SPECTER and GRAMS, engineers our of 2,771 employees. Each engi- S. Bell Award for Rotorcraft Research; S. 1723, the ‘‘American Competitiveness neer thus creates five additional jobs to He has more than 20 technical publi- Act,’’ which seeks to address the seri- make, administer and sell the products he cations and numerous technical arti- ous issues raised in Dr. Rodger’s arti- develops. A disproportionate number of our cles to credit. cle. research-and-development engineers-37%-are I know that Mr. Singley’s wife Max- Mr. President, I ask unanimous con- immigrants, typical for Silicon Valley. Had sent that Dr. Rodger’s article be in- we been prevented from hiring those 172 im- ine, and his children, George, Kristine, migrant engineers, we couldn’t have created serted into the RECORD. and Dean, and the Department of De- about 860 other jobs, 70% of which are in the fense are proud of his accomplish- There being no objection, the article U.S. ments. My colleagues join me in wish- was ordered to be printed in the Cypress now employs 2,011 U.S. citizens, an ing George ‘fair winds and following RECORD, as follows: accomplishment unachievable without immi- seas’ as he pursues many new and ex- GIVE US YOUR TIRED, YOUR POOR—AND YOUR grants. Four of our 10 vice presidents are im- citing challenges in the private sector. ENGINEERS migrants. Lothar Maler, our vice president The Nation and our military are in- Last year, the U.S. Labor Department in- of manufacturing, emigrated from Germany terrupted four key projects at my company, as a child. He joined us with an engineering debted to you for your many years of Cypress Semiconductor: a memory chip for degree and a stint at Intel under his belt, distinguished service. Internet applications, a microcontroller chip and now manages 1,067 workers in six plants. f for personal computers, our chip-manufac- John Torode, our chief technology officer, turing control system and our most ad- came to the U.S. after World War II with his THE VERY BAD DEBT BOXSCORE vanced CMOS process technology, which per- father, a British sailor. After obtaining his Mr. HELMS. Mr. President, at the mits the design of very low-power integrated doctorate and a computer science professor- close of business yesterday, Wednes- circuits. ship at the University of California, Berke- day, March 11, 1998, the federal debt The reason? U.S. high-tech companies had ley, John started our computer products di- hit the annual cap of 65,000 H1–B visas, which stood at $5,528,971,446,018.69 (Five tril- vision, which makes the clock chips used to allow highly skilled foreigners to work in synchronize 20 million personal computers a lion, five hundred twenty-eight billion, the U.S. As a result, we had to lay off highly year. nine hundred seventy-one million, four skilled technology workers who were waiting Emmanuel Hernandez, our chief financial hundred forty-six thousand, eighteen for their visas, delaying the sale of millions officer, was an all-star employee at National dollars and sixty-nine cents). of new chips and the creation of hundreds of Semiconductor, Silicon Valley’s second-larg- One year ago, March 11, 1997, the fed- manufacturing jobs. est chip company, which transferred him to eral debt stood at $5,357,359,000,000 We have 16 other projects backlogged due the U.S. from the Philippines. Tony Alvarez, to engineering shortages—and that’s not sur- our vice president of R&D, fled Castro-con- (Five trillion, three hundred fifty- prising when the unemployment rate in elec- seven billion, three hundred fifty-nine trolled Cuba, in 1961 and now directs the 113 trical engineering is a rock-bottom 0.4%. Al- engineers who develop our most advanced million). though we recruit on 27 college campuses technologies. Tony’s chief scientist, Jose and hire all the immigrants we’re allowed, Five years ago, March 11, 1993, the Arreola, emigrated from Mexico to get his Cypress cannot find enough engineers to federal debt stood at $4,211,257,000,000 doctorate and now manages an elite group of grow at its full potential. So it goes across (Four trillion, two hundred eleven bil- 30 engineers, 24 of whom have postgraduate Silicon Valley: The information Technology lion, two hundred fifty-seven million). degrees and 20 of whom are legal immi- Association of America says there are grants. Pat Buchanan derided immigrants Ten years ago, March 11, 1988, the $346,000 unfilled skilled positions nationwide. during his 1996 presidential campaign, call- federal debt stood at $2,482,356,000,000 In a survey, the association’s members say ing them ‘‘Jose.’’ Our Jose his made Cy- (Two trillion, four hundred eighty-two this engineering crunch is the No. 1 factor press’s 2,011 American employees better off. billion, three hundred fifty-six mil- inhibiting the growth of their companies. Pierre Lamond, our chairman, received an lion). And yet Washington is sending immigrants home, including many new graduates of advanced degree in France, and was then re- Fifteen years ago, March 11, 1983, the cruited to work at Fairchild Semiconductor, federal debt stood at $1,225,057,000,000 American colleges. Half of technology doc- torates awarded by U.S. universities go to which he left to become a founder of Na- (One trillion, two hundred twenty-five foreign nationals. The president of Taiwan’s tional Semiconductor. Today Pierre’s ven- billion, fifty-seven million) which re- Winbond Semiconductor, just penalized by ture-capital fund, Sequoia Partners, has pro- flects a debt increase of more than $4 the International Trade Commission for vided capital to 200 Silicon Valley companies trillion—$4,303,914,446,018.69 (Four tril- dumping in the U.S., has a doctorate from (including Apple and Genentech) with a total lion, three hundred three billion, nine Princeton. market value of $175 billion and more than 150,000 employees. Eric Benhamou, another hundred fourteen million, four hundred The labor shortage is getting worse. Last year Washington cut off H1–B immigration Cypress director, fled with his parents to forty-six thousand, eighteen dollars for one month. This year it will be four France during the 1960 Algerian civil war. and sixty-nine cents) during the past 15 months, unless Congress increases the H1–B After his Stanford education, he became CEO years. quota. The administration has opted for the of 3Com Corp., the leading Internet infra- f immigration shutdown because it wants to structure supplier with 100 million cus- ‘‘protect’’ American workers from ‘‘cheap’’ tomers and 13,200 employees. THE CASE FOR INCREASED immigrant labor, a doubly incorrect posi- The conclusion is clear: Our immigrant ex- ACCESS TO SKILLED PERSONNEL tion. In fact, skilled immigrants create new ecutives, directors and engineers have cre- MR. ABRAHAM. Mr. President, I rise jobs for native-born Americans, and a Cato ated thousands of new American jobs. The today to share with my colleagues an Institute study shows that long-term unem- competition for workers is so intense in Sili- con Valley that cypress’s average San Jose important article on the severe prob- ployment is lower and wages higher in cities and states with higher immigrant concentra- employee—excluding the executive staff and lems U.S. companies, particularly in tions. me—now earns $81,860 annually, including the high technology sector, are facing Yet the Clinton-Gore administration, an benefits. The immigrant executives I have with regards to skilled workers. In the off-and-on friend of Silicon Valley, has cited all earn six-figure incomes. Whose pay March 12, 1998 CONGRESSIONAL RECORD — SENATE S1821 are they holding down? With 0.4% unemploy- tion projects undermines the rationale the highest priority for their locality. ment in this field, and record-low unemploy- supporting the use of these formulas. It should be up to cities, counties, and ment in the broader U.S. economy, where are Moreover, this practice literally de- the state Departments of Transpor- the out-of-work Americans displaced by for- prives states of the funding which tation to prioritize what projects need eign talent? immediate attention in their state— America’s loss is our foreign competition’s would otherwise be available for states’ gain. Our need for engineers has driven us to highway priorities as established by not the federal government. Too often start R&D centers anywhere we can find en- state and local transportation plan- under the current system, a state has gineers—currently, in England, Ireland and ners. to put aside its own priorities because India. We’re forced offshore to fill the jobs While I believe this is a wasteful it must use its own limited funds to that we cannot fill here—a fine way to ‘‘pro- practice, history has shown there is lit- provide matching funds for the large tect’’ American jobs. tle chance of its outright elimination. federally designated construction Legal immigrants currently constitute Beginning in 1982 when $362 million was projects, or risk losing federal funding. 8.5% of the U.S. population, well below the set-aside for 10 such earmarks, the in- This ‘‘Washington knows best’’ ap- 13%-plus levels maintained from 1860 to 1939. proach to transportation planning Immigrants add less than 0.4% to the popu- clusion of such earmarks has continued lation yearly. If this administration ignores to grow as illustrated in the 1991 trans- needs to end. Silicon Valley’s need for 25,000 to 35,000 more portation bill, ISTEA, where over $6 Finally, I support this amendment immigrant engineers—a mere 3% or so of the billion was provided for 538 location because it would end a system that dis- million-plus yearly legal immigrants—the specific projects. advantages the infrastructure needs of only result will be to drive high-tech hiring While the Senate’s Environment and a majority of states to the benefit of a offshore. And it will have added the H1–B Public Works Committee has shown few. In order to maintain a strong, visa issue—along with litigation reform, great restraint in this area, it is well truly national infrastructure system, encryption export and Internet regulation— we must give every state the tools and to its list of Silicon Valley snubs. understood that the House of Rep- resentatives has been unable to curtail funding its needs to maintain its share Raising quotas by only 3%, specifically to of the system. Ending a system that bring in critical engineers and scientists, this practice. In fact, the House is fully would be an obvious benefit to all Ameri- expected to come forward this year gives a few states an inordinate cans. Why are we sending the first-round with billions of dollars in transpor- amount of construction dollars is one draft choices of the high-tech world to play tation earmarks. step in the right direction toward that on other country’s teams? Accordingly, the amendment offered goal. I applaud the Senator from Arizona f by Senator MCCAIN does the next best for proposing this approach to increase CONCLUSION OF MORNING thing. It requires that any highway demonstration projects come from fiscal responsibility in transportation BUSINESS spending and to empower the commu- within a state’s total funding and not nities in which the infrastructure lies. The PRESIDING OFFICER. Morning at the expense of funding otherwise I urge my colleagues to support its pas- business is now closed. available to all other states. f For all my colleagues who have ar- sage. The PRESIDING OFFICER. The gued in favor of the formulas contained INTERMODAL SURFACE TRANS- question now is on agreeing to amend- in the bill and the rationale behind PORTATION EFFICIENCY ACT OF ment No. 1726 offered by Senator them, support of this provision remains 1997 MCCAIN. The yeas and nays have been consistent with that position. And, for The PRESIDING OFFICER. Under offered. The clerk will call the roll. those of my colleagues who are not as The assistant legislative clerk called the previous order, the Senate will now enthusiastic over the distribution of return to the consideration of S. 1173, the roll. highway dollars in the underlying leg- The result was announced—yeas 78, which the clerk will report. islation, this provision will ensure that nays 22, as follows: The assistant legislative clerk read your states prospective return on their [Rollcall Vote No. 29 Leg.] as follows: transportation dollar will not be erod- YEAS—78 A bill (S. 1173) to authorize funds for con- ed any further. struction of highways, for highway safety Abraham Dorgan Lieberman I look forward to the overwhelming Akaka Enzi Lott programs, and for mass transit programs, support of my colleagues on this com- Allard Faircloth Lugar and for other purposes. mon sense amendment, and I thank Ashcroft Feingold Mack Baucus Frist McCain The Senate resumed consideration of C AIN Senator M C for his excellent work Bennett Glenn McConnell the bill, with a modified committee in crafting this provision. Biden Gorton Moseley-Braun amendment in the nature of a sub- Mr. BROWNBACK. Mr. President, I Bingaman Graham Moynihan stitute (Amendment No. 1676). rise today in strong support of the Bond Gramm Murkowski Pending: Breaux Grams Murray McCain amendment to require that Brownback Grassley Nickles McCain Amendment No. 1726 (to Amend- demonstration projects be funded from Bumpers Gregg Reed ment No. 1676), to provide that demonstra- each state’s allocation and be subject Burns Hagel Robb tion projects shall be subject to any limita- to annual limitation. Chafee Hatch Roberts Cleland Helms Rockefeller tion on obligations established by law that The current system for designating applies in Federal-aid highways and highway Coats Hutchinson Roth large construction projects advantages Cochran Hutchison Sessions safety construction programs. a few states over the majority. It Collins Inhofe Smith (NH) AMENDMENT 1726 Conrad Inouye Smith (OR) prioritizes construction needs based Coverdell Johnson Snowe Mr. MACK. Mr. President, it is time more on political seniority that it does Craig Kempthorne Stevens we end the practice of earmarking an impartial evaluation of transpor- D’Amato Kerrey Thomas highway projects. This practice contin- tation needs. It creates pressure for Daschle Kohl Thompson DeWine Kyl Thurmond ues to disadvantage my state, and most Members of Congress to engage in Dodd Landrieu Warner others. Commonly referred to as dem- porkbarrel spending rather than to Domenici Levin Wyden onstration projects, these earmarked concentrate on prudent national pol- NAYS—22 dollars literally come off the top of the icy. I believe the McCain amendment Boxer Hollings Santorum transportation funding available under would help move us away from this Bryan Jeffords Sarbanes this legislation. system because it would not give states Byrd Kennedy Shelby The rationale behind apportionment or members an incentive to seek out Campbell Kerry Specter Durbin Lautenberg Torricelli formulas and funding allocations is demonstration or critical needs Feinstein Leahy Wellstone that these transportation funds are dis- projects, as securing these projects Ford Mikulski tributed according to state’s needs. would not increase the amount of fed- Harkin Reid Notwithstanding disagreements over eral funds flowing to a state. The amendment (No. 1726) was agreed whether these distributions accurately I further support the McCain amend- to. reflect a state’s transportation needs, ment because it gives states greater Mr. CHAFEE. Mr. President, I move the practice of authorizing demonstra- say in determining what projects have to reconsider the vote. S1822 CONGRESSIONAL RECORD — SENATE March 12, 1998 Mr. FORD. I move to lay it on the (C) the prevalence and use of— ‘‘(1) to determine the safety benefits and table. (i) incentives to utility companies for administrative efficiency of implementing a The motion to lay the amendment on early completion of utility relocations on Federal permit program for high risk hazard- the table was agreed to. Federal-aid transportation project sites; and ous material and hazardous waste carriers; (ii) penalties assessed on utility companies ‘‘(2) to identify and evaluate alternative AMENDMENT NO. 1998 TO AMENDMENT NO. 1676 for utility relocation delays on such regulatory methods and procedures that may Mr. CHAFEE. Mr. President, on be- projects; improve the safety of high risk hazardous half of Senator D’AMATO and Senator (D) the extent to which States have used material and hazardous waste carriers and SARBANES, I send to the desk an available technologies, such as subsurface shippers, including evaluating whether an amendment to the transit title. utility engineering, early in the design of annual safety fitness determination that is Federal-aid highway and bridge projects so The PRESIDING OFFICER (Mr. ROB- linked to permit renewals for hazardous ma- as to eliminate or reduce the need for or terial and hazardous waste carriers is war- ERTS). The clerk will report. delays due to utility relocations; and ranted; The legislative clerk read as follows: (E)(i) whether individual States com- ‘‘(3) to examine the safety benefits of in- The Senator from Rhode Island [Mr. pensate transportation contractors for busi- creased monitoring of high risk hazardous CHAFEE], for Mr. D’AMATO and Mr. SAR- ness costs incurred by the contractors when material and hazardous waste carriers, and BANES, proposes an amendment numbered Federal-aid highway and bridge projects the costs, benefits, and procedures of exist- 1998 to No. 1676. under contract to the contractors are de- ing State permit programs; Mr. CHAFEE. Mr. President, I ask layed by delays caused by utility companies ‘‘(4) to make such recommendations as in utility relocations; and may be appropriate for the improvement of unanimous consent reading of the (ii) methods used by States in making any amendment be dispensed with. uniformity among existing State permit pro- such compensation. grams; and The PRESIDING OFFICER. Without (2) REPORT.—Not later than 1 year after ‘‘(5) to assess the potential of advanced objection, it is so ordered. the date of the enactment of this Act, the technologies for improving the assessment of The amendment is as follows: Comptroller General shall submit to Con- high risk hazardous material and hazardous On page 55, all after line 11, insert the fol- gress a report on the results of the study, in- waste carriers’ compliance with motor car- lowing cluding any recommendations that the rier safety regulations. (A) ESTABLISHMENT OF CENTER—(1) Section Comptroller General determines to be appro- ‘‘(b) TIMEFRAME.—The Secretary shall 5317(b) of title 49, United States Code, is priate as a result of the study. begin the study required by subsection (a) amended by adding the following new para- Mr. CHAFEE. Mr. President, this within 6 months after the date of enactment graph: amendment provides for a GAO study of the Intermodal Transportation Safety Act ‘‘(6) The Secretary shall make grants to on facilitating the relocation of utili- of 1998 and complete it within 30 months the University of Alabama Transportation ties that occur as part of highway con- after the date of enactment of that Act. ‘‘(c) REPORT.—The Secretary shall report Research Center to establish a university struction projects. Transportation Center. the findings of the study required by sub- Mr. BAUCUS. Mr. President, it is section (a), together with such recommenda- Mr. CHAFEE. Mr. President, inad- fine. tions as may be appropriate, within 36 vertently the managers of the bill The PRESIDING OFFICER. The months after the date of enactment of the omitted important language from the question is on agreeing to the amend- Intermodal Transportation Safety Act of transit title. I am grateful to the chair- ment. 1998.’’. man and ranking member of the Bank- The amendment (No. 1999) was agreed (b) SECTION 5109 REGULATIONS TO REFLECT ing Committee for bringing that to our to. STUDY FINDINGS.—Section 5109(h) is amended attention. This amendment has ap- Mr. GRAMM. Mr. President, I sug- by striking ‘‘not later than November 16, 1991.’’ and inserting ‘‘based upon the findings proval of this side. gest the absence of a quorum. The PRESIDING OFFICER. The of the study required by section 5128(a).’’. Mr. BAUCUS. This amendment has (c) CONFORMING AMENDMENT.—The chapter been cleared, and I urge its approval. clerk will call the roll. analysis for chapter 51, as amended by sec- The PRESIDING OFFICER. The The legislative clerk proceeded to tion 3214, is amended by striking the item re- question is on agreeing to the amend- call the roll. lating to section 5128 and inserting the fol- Mr. DOMENICI. Mr. President, I ask ment. lowing: unanimous consent that the order for The amendment (No. 1998) was agreed ‘‘5128. High risk hazardous material and haz- the quorum call be rescinded. to. ardous waste; motor carrier The PRESIDING OFFICER. Without safety study. AMENDMENT NO. 1999 TO AMENDMENT NO. 1676 objection, it is so ordered. ‘‘5129. Authorization of appropriations.’’. (Purpose: To require the Comptroller Gen- AMENDMENT NO. 2000 TO AMENDMENT NO. 1676 Mr. BAUCUS. Mr. President, this eral to conduct a study to assess the im- (Purpose: To provide for high risk hazardous amendment is in the jurisdiction of the pact that a utility company’s failure to re- material and hazardous waste transpor- Commerce Committee. It is cleared by locate its facilities in a timely manner has tation safety) the committee. It will authorize a on the delivery and cost of Federal-aid Mr. BAUCUS. Mr. President, I send highway and bridge projects) study to investigate the best methods an amendment to the desk and ask for Mr. CHAFEE. Mr. President, on be- of improving safety procedures that its immediate consideration. govern the transportation of hazardous half of Senator TORRICELLI, I send an The PRESIDING OFFICER. The amendment to the desk and ask for its materials, including linking the re- clerk will report. newal of a hauler’s Federal permit to immediate consideration. The legislative clerk read as follows: The PRESIDING OFFICER. The an annual safety review. The Senator from Montana [Mr. BAUCUS], As I said, the Commerce Committee clerk will report. for Mr. TORRICELLI, proposes an amendment has cleared this. I urge its adoption. The legislative clerk read as follows: numbered 2000 to amendment No. 1676. Mr. CHAFEE. Mr. President, this The Senator from Rhode Island [Mr. Mr. BAUCUS. Mr. President, I ask amendment is agreeable to this side. CHAFEE], for Mr. TORRICELLI, proposes an unanimous consent that reading of the The PRESIDING OFFICER. The amendment numbered 1999 to amendment amendment be dispensed with. question is on agreeing to the amend- No. 1676. The PRESIDING OFFICER. Without ment. The amendment is as follows: objection, it is so ordered. The amendment (No. 2000) was agreed On page 85, between lines 18 and 19, insert The amendment is as follows: to. the following: In title III, strike section 3215 and insert Mr. BAUCUS. Mr. President, I move (d) EVALUATION OF PROCUREMENT PRAC- the following: to reconsider the vote. TICES AND PROJECT DELIVERY.— SEC. 3215. HAZARDOUS MATERIAL TRANSPOR- Mr. CHAFEE. I move to lay that mo- (1) STUDY.—The Comptroller General shall TATION REAUTHORIZATION. tion on the table. (a) IN GENERAL.—Chapter 51, as amended conduct a study to assess— The motion to lay on the table was (A) the impact that a utility company’s by section 3214 of this Act, is amended by re- failure to relocate its facilities in a timely designating section 5128 as section 5129 and agreed to. manner has on the delivery and cost of Fed- by inserting after section 5127 the following: Mr. CHAFEE. Mr. President, I sug- eral-aid highway and bridge projects; ‘‘§ 5128. High risk hazardous material and gest the absence of a quorum. (B) methods States use to mitigate delays hazardous waste; motor carrier safety The PRESIDING OFFICER. The described in subparagraph (A), including the study clerk will call the roll. use of the courts to compel utility coopera- ‘‘(a) STUDY.—The Secretary of Transpor- The legislative clerk proceeded to tion; tation shall conduct a study— call the roll. March 12, 1998 CONGRESSIONAL RECORD — SENATE S1823 Mr. CHAFEE. Mr. President, I ask AMENDMENT NO. 2002 TO AMENDMENT NO. 1676 senger restraint systems; flashing red unanimous consent that the order for (Purpose: To provide for a school lights that are activated as students the quorum call be rescinded. transportation safety study) enter and leave the school bus; spe- The PRESIDING OFFICER. Without Mr. CHAFEE. Mr. President, on be- cially trained drivers; and specially de- objection, it is so ordered. half of Senator DEWINE, I send an signed routes and schedules to mini- AMENDMENT NO. 2001 TO AMENDMENT NO. 1676 amendment to the desk. mize the distance that students need to (Purpose: To make minor and technical cor- The PRESIDING OFFICER. The walk to the bus stop. rections in subtitle F of title III (relating clerk will report. Unfortunately, despite all of these to sport fishing and boating safety)) The legislative clerk read as follows: safety features on school buses, more Mr. CHAFEE. Mr. President, I send The Senator from Rhode Island (Mr. student fatalities and serious injuries an amendment to the desk. CHAFEE), for Mr. DEWINE, proposes an occur during the loading and unloading The PRESIDING OFFICER. The amendment numbered 2002 to amendment process than occur while students are No. 1676. clerk will report. being transported. The legislative clerk read as follows: Mr. CHAFEE. Mr. President, I ask As my colleagues know, there are The Senator from Rhode Island (Mr. unanimous consent that reading of the mandates relating to school facilities, CHAFEE) proposes an amendment numbered amendment be dispensed with. teacher salaries, computers, and books. 2001 to amendment No. 1676. The PRESIDING OFFICER. Without However, in most states, there is no The amendment is follows: objection, it is so ordered. mandate that school districts must The amendment is as follows: On page 154, line 6, strike ‘‘1998;’’ and in- provide pupils with transportation to sert ‘‘1999;’’. At the appropriate place in subtitle D of and from school. Because of this, many On page 154, line 7, strike ‘‘1999;’’ and in- title III, insert the following: school systems are being forced to seek sert ‘‘2000;’’. SEC. 34ll. SCHOOL TRANSPORTATION SAFETY. On page 154, line 8, strike ‘‘2000;’’ and in- (a) STUDY.—Not later than 3 months after alternative, cost-effective means of sert ‘‘2001;’’. the date of enactment of this Act, the Sec- providing transportation services for On page 154, line 9, strike ‘‘2001;’’ and in- retary shall offer to enter into an agreement students, and a growing number of sert ‘‘2002; and’’. with the Transportation Research Board of schools are turning to public transit. On page 154, line 10, strike ‘‘2002;’’ and in- the National Academy of Sciences to con- In 1994 alone, transit buses provided sert ‘‘2003;’’. duct, subject to the availability of appro- more than 800 million student-related On page 154, strike line 11. priations, a study of the safety issues attend- On page 158, strike lines 1 through 19, and passenger trips and approximately 2 ant to the transportation of school children million students rode transit buses to insert the following: to and from school and school-related activi- ‘‘(1) FISCAL YEAR 1998.—In fiscal year 1998, ties by various transportation modes. school. an amount equal to $20,000,000 of the balance (b) TERMS OF AGREEMENT.—The agreement Mr. President, I do not believe that remaining after the distribution under sub- under subsection (a) shall provide that— sending children to school on transit section (a) shall be transferred to the Sec- (1) the Transportation Research Board, in buses is necessarily a bad thing. The retary of Transportation and shall be ex- conducting the study, shall consider— fact is that I don’t know what this pended for State recreational boating safety (A) in consultation with the National trend means in terms of a child’s safe- programs under section 13106(a)(1) of title 46, Transportation Safety Board, the Bureau of United States Code. ty. I do know, however, that students Transportation Statistics, and other rel- are injured or killed most often when On page 162, line 7, strike ‘‘(1)(c)’’ and in- evant entities, available crash injury data; sert ‘‘(2)(B)’’. (B) vehicle design and driver training re- entering or exiting school buses—buses On page 162, line 11, strike ‘‘(1)(c)’’ and in- quirements, routing, and operational factors with special safety features designed to sert ‘‘(2)(B)’’. that affect safety; and prevent such tragedies. Moreover, I On page 163, strike lines 24 and 25. On page 164, line 24, strike ‘‘4(b)’’ and in- (C) other factors that the Secretary consid- know that the US Department of sert ‘‘4(b)(2)’’. ers to be appropriate; Transportation has conflicting require- (2) if the data referred to in paragraph ments with respect to school transpor- Mr. CHAFEE. Mr. President, this (1)(A) is unavailable or insufficient, the amendment makes a series of technical tation. On the one hand, NHTSA re- Transportation Research Board shall rec- quires school buses to meet stringent date changes in the Wallop-Breaux pro- ommend a new data collection regimen and visions of the Commerce Committee implementation guidelines; and safety standards and has issued guide- title. These are entirely technical (3) a panel shall conduct the study and lines for covering the operational as- modifications. They have the approval shall include— pects of pupil transportation safety. On of this side. (A) representatives of— the other hand, the Federal Transit (i) highway safety organizations; Mr. BAUCUS. Mr. President, these Administration provides funding for (ii) school transportation; and transit companies that provide trans- are technical corrections that are nec- (iii) mass transportation operators; essary because of an earlier action that portation to and from school for stu- (B) academic and policy analysts; and dents each day on vehicles that do not we took. It is clearly minor and tech- (C) other interested parties. nical and should be approved. (c) REPORT.—Not later than 12 months meet NHTSA’s school bus safety stand- The PRESIDING OFFICER. The after the Secretary enters into an agreement ards. question is on agreeing to the amend- under subsection (a), the Secretary shall As more and more schools are forced ment of the Senator from Rhode Is- transmit to the Committee on Commerce, to decide on cost-saving ways to trans- Science, and Transportation of the Senate land. port children, schools are forced to and the Committee on Transportation and make these decisions in a vacuum. We The amendment (No. 2001) was agreed Infrastructure of the House of Representa- to. do not know how safe our children are tives a report that contains the results of the when they board and ride the transit Mr. CHAFEE. Mr. President, I move study. to reconsider the vote by which the (d) AUTHORIZATION.—There are authorized bus to school. After all, we need to amendment was agreed to. to be appropriated to the Department of know that information when we decide Mr. BAUCUS. I move to lay that mo- Transportation to carry out this section— ways for children to get to and from tion on the table. (1) $200,000 for fiscal year 1999; and school safely. I’ve been greatly in- The motion to lay on the table was (2) $200,000 for fiscal year 2000. volved in efforts to improve the safety agreed to. Mr. DEWINE. Mr. President, approxi- of school buses—and that effort began Mr. CHAFEE. Mr. President, I sug- mately 25 million students are trans- with seeking information. I’m propos- gest the absence of a quorum. ported to and from school and school- ing that we seek similar information The PRESIDING OFFICER. The related activities on buses. The Na- on public transit buses. clerk will call the roll. tional Highway Traffic Safety Admin- This amendment, would authorize The legislative clerk proceeded to istration (NHTSA) has established a se- $400,000 for the Secretary of Transpor- call the roll. ries of federal motor vehicle safety tation to study safety issues related to Mr. CHAFEE. Mr. President, I ask standards to assist those responsible the transportation of school children unanimous consent that the order for for transporting our school children on by various different modes of transpor- the quorum call be rescinded. school buses. tation. I have worked on this amend- The PRESIDING OFFICER. Without These features include: clearly dis- ment with the chairman of the Com- objection, it is so ordered. tinguishable vehicles with built-in pas- merce Committee, and it meets with S1824 CONGRESSIONAL RECORD — SENATE March 12, 1998 his approval. I appreciate the assist- Mr. DOMENICI. Mr. President, I Cruces and Deming. Again, I thank the ance of the Senator from Arizona and want to thank the distinguished man- manager of the bill and the Ranking his staff in this effort. ager of the bill for accepting my Minority Member for accepting this Mr. President, it is my understanding amendment to establish a much-needed amendment and I yield the floor. that this amendment has been cleared commercial zone in my home state to Mr. MCCAIN. Mr. President, the Sen- on both sides and I move for its adop- facilitate trade and transportation of ate will soon adopt an amendment of- tion. raw materials and goods across our fered by Senator DOMENICI to establish Mr. CHAFEE. Mr. President, this border with Mexico. I agree with him a new commercial zone in New Mexico. amendment provides for a study of that we need to take a comprehensive As a representative from a neighboring transportation of school children on approach to opening the entire border border state, I understand the impor- transit buses. The Secretary of Trans- with Mexico. tance of this commercial zone to New portation will study safety issues relat- In the past, commercial zones were Mexico. However, I also know that this ing to the transportation of school established by the Interstate Com- new zone is only a temporary solution children by various and different modes merce Commission in numerous states to a much bigger issue, that is, the im- of transportation. to improve local border trade activi- plementation of the NAFTA cross-bor- Mr. BAUCUS. Mr. President, this is ties, as well as to control movement der trucking provisions. an amendment not in our committee and uphold American safety require- I want my colleagues to recognize jurisdiction. It is a Commerce Commit- ments for foreign vehicles operating the critical importance of fulfilling our tee amendment. It has been cleared by within the United States. obligations under NAFTA. The NAFTA that committee. We, therefore, feel it Within these zones, commercial vehi- agreement authorized access for U.S. should be adopted. cles of Canadian and Mexican registry trucking companies to Mexico’s north- The PRESIDING OFFICER. The are authorized to deliver products from ern provinces, with reciprocal rights question is on agreeing to the amend- their country of origin to United for Mexican trucks to enter the four ment of the Senator from Ohio. States’ distribution points or ware- Southwest border states. Under the The amendment (No. 2002) was agreed houses without extended delays at the NAFTA agreement, the U.S.-Mexico to. border or the need for unloading the border was to open December 18, 1995. Mr. CHAFEE. Mr. President, I move cargo for reloading and shipment by Two years later, we have heard little to reconsider the vote by which the American vehicles. These same vehi- from the Administration on its efforts amendment was agreed to. cles also are authorized to pick up to meet our nation’s obligations. Mr. BAUCUS. I move to lay that mo- products in the United States for ex- Mr. DOMENICI. I agree implementa- tion on the table. port to their respective countries. tion of the cross-trucking border provi- The motion to lay on the table was Since the passage of NAFTA, New sions of NAFTA has been delayed far agreed to. Mexico has witnessed its exports to too long. Our states were prepared to AMENDMENT NO. 1986 TO AMENDMENT NO. 1676 Mexico increase by over 1,000 percent. go forward in 1995. Had that occurred, (Purpose: To designate a commercial zone Unfortunately, New Mexico still lags my amendment today would not be within which the transportation of certain behind 35 other states in the amount of necessary. property in commerce is exempt from cer- The state of New Mexico has been tain provisions of Chapter 135 of title 49, exports it sends to Mexico, and it has United States Code) become increasingly clear that estab- seeking to establish a new commercial Mr. CHAFEE. Mr. President, on be- lishing a commercial zone is a nec- zone since 1992, prior to passage of NAFTA. In 1995, the Interstate Com- half of Senator DOMENICI, I send an essary step in improving New Mexico’s amendment to the desk economic relationship with our neigh- merce Commission, which had jurisdic- The PRESIDING OFFICER. The bor to the south. tion over commercial zones, essentially clerk will report. The need for a commercial zone in announced the State’s effort was moot The legislative clerk read as follows: New Mexico is most critical to the con- since the border was to open shortly. The Senator from Rhode Island (Mr. tinued viability of several food process- Yet here we are, more than two years CHAFEE), for Mr. DOMENICI, proposes an ing plants which employ thousands of later, and nothing has changed. New amendment numbered 1986 to amendment New Mexicans in the southern part of Mexico’s economy has been held stag- No. 1676. the state. Later this year, Mexican nant because not only did the border Mr. CHAFEE. Mr. President, I ask farmers will harvest their chili crops not open, but we are precluded from unanimous consent that reading of the and sell them to the plants in New any trade benefits associated with a amendment be dispensed with. Mexico for processing. Right now, commercial zone—benefits enjoyed by The PRESIDING OFFICER. Without without a designated commercial zone, the other border states. objection, it is so ordered. Mexican farmers must transport the Mr. MCCAIN. The Department of The amendment is as follows: chili crop to the border, unload the Transportation did not oppose the es- At the appropriate place, insert the follow- cargo at an off-loading site, and reload tablishment of the new commercial ing: it onto an American carrier to travel zone. I know the Senator from New SEC. . DESIGNATION OF NEW MEXICO COMMER- the remaining 30 miles to the process- Mexico shares my concerns that we do CIAL ZONE. ing plant. Clearly, without a commer- nothing to impede the on-going (a) COMMERCIAL ZONE DEFINED.—Notwith- cial zone, there is large economic dis- NAFTA harmonization negotiations. standing the provisions of 49 U.S.C. Section And, when the NAFTA provisions are 13902(c)(4)(A), in this section, for the trans- incentive for Mexican farmers to do portation of property only, the term ‘‘com- business with New Mexico food proc- implemented, the zones in our border mercial zone’’ means a zone containing lands essors. states will essentially be irrelevant. In adjacent to, and commercially a part of, 1 or This amendment should be non-con- the meantime, I will continue to do all more municipalities with respect to which troversial. It allows New Mexico to I can to encourage the President to the exception described in section 13506(b)(1) compete for NAFTA-related business move forward on implementation of of title 49, United States Code, applies. on the same level playing field as our this important agreement. The contin- (b) DESIGNATION OF ZONE.— neighboring border states—California, ued delay robs the entire region of the (1) IN GENERAL.—The area described in paragraph (2) is designated as a commercial Arizona and Texas—all of which al- full economic benefits that NAFTA zone, to be known as the ‘‘New Mexico Com- ready have established commercial promises. mercial Zone.’’ zones. Mr. CHAFEE. Mr. President, this (2) DESCRIPTION OF AREA.—The area de- This amendment is supported by New amendment relates to the Commerce scribed in this paragraph is the area that is Mexico’s Governor Gary Johnson, the Committee’s amendment. It is under comprised of Dona Ana County and Luna State Economic Development Depart- the jurisdiction of the Commerce Com- County in New Mexico. ment, the New Mexico Border Author- mittee, and has been approved by the (c) SAVINGS PROVISION.—Nothing in this section shall affect any action commenced or ity, the U.S.-Mexico Chamber of Com- chairman and ranking member of that pending before the Secretary of Transpor- merce, the New Mexico food processing committee. It establishes a commercial tation or Surface Transportation Board be- industry and the New Mexico Motor zone designation for two counties in fore the date of enactment of this Act. Carriers Association and the cities Las New Mexico. March 12, 1998 CONGRESSIONAL RECORD — SENATE S1825 Mr. BAUCUS. Mr. President, it is a and conclusions on, the impact throughout comply with subsection (a), on competition good amendment. I urge its adoption. the United States of administering the re- and the creation of jobs, including the cre- The PRESIDING OFFICER. Is there quirement of subsection (a), including an ation of jobs for socially and economically analysis of— disadvantaged individuals. further debate on the amendment? If (1) in the case of small business concerns not, the question is on agreeing to the Mr. CHAFEE. Mr. President, if I can certified in each State under subsection (d) briefly explain. These amendments amendment of the Senator from New as owned and controlled by socially and eco- Mexico. nomically disadvantaged individuals— deal with the application of the DBE The amendment (No. 1986) was agreed (A) the number of the small business con- Program to the transit title. Inadvert- to. cerns; and ently, these provisions were left out Mr. DOMENICI. Mr. President, I (B) the participation rates of the small when the original transit title was move to reconsider the vote by which business concerns in prime contracts and adopted. These amendments provide for subcontracts funded under titles I, II, and V the amendment was agreed to. the DBE portion of the transit title, of this Act; and the second provision deals with the Mr. CHAFEE. I move to lay that mo- (2) in the case of small business concerns tion on the table. described in paragraph (1) that receive prime McConnell modifications to that. The The motion to lay on the table was contracts and subcontracts funded under ti- McConnell modifications were the ones agreed to. tles I, II, and V of this Act— we adopted to the DBE in the highway Mr. CHAFEE. Mr. President, I sug- (A) the number of the small business con- program yesterday. gest the absence of a quorum. cerns; The PRESIDING OFFICER. The Sen- (B) the annual gross receipts of the small ator from Montana. The PRESIDING OFFICER. The business concerns; and clerk will call the roll. Mr. BAUCUS. Mr. President, the (C) the net worth of socially and economi- amendment here will extend current The legislative clerk proceeded to cally disadvantaged individuals that own and call the roll. control the small business concerns; law so there will be no change in cur- Mr. CHAFEE. Mr. President, I ask (3) in the case of small business concerns rent law. The DBE Program now does unanimous consent that the order for described in paragraph (1) that do not receive apply to the mass transit title of the the quorum call be rescinded. prime contracts and subcontracts funded bill; that is, the mass transit portion of under titles I, II, and V of this Act— the law. The point of this amendment The PRESIDING OFFICER. Without (A) the annual gross receipts of the small objection, it is so ordered. is to continue that program so it also business concerns; and applies to the mass transit title in the AMENDMENTS NOS. 2003 AND 2004, EN BLOC TO (B) the net worth of socially and economi- bill once the bill is finally passed. AMENDMENT NO. 1676 cally disadvantaged individuals that own and Mr. CHAFEE. With one addition, the Mr. CHAFEE. Mr. President, I send control the small business concerns; application of the MCCONNELL amend- an amendment to the desk, and then a (4) in the case of business concerns that re- ceive prime contracts and subcontracts fund- ment to that title. further amendment. ed under titles I, II, and V of this Act, other THE PRESIDING OFFICER. If there The PRESIDING OFFICER. Without than small business concerns described in be no further debate, the question is on objection, both amendments will be paragraph (2)— agreeing to the amendments. considered en bloc. The clerk will re- (A) the annual gross receipts of the busi- (The amendments Nos. 2003 and 2004 port. ness concerns; and to amendment No. 1676, en bloc, were The legislative clerk read as follows: (B) the net worth of individuals that own agreed to.) and control the business concerns; The Senator from Rhode Island [Mr. (5) the rate of graduation from any pro- Mr. CHAFEE. Mr. President, I move CHAFEE] proposes amendments Nos. 2003 and grams carried out to comply with the re- to reconsider the vote. 2004 to amendment No. 1676. quirement of subsection (a) for small busi- Mr. BAUCUS. I move to lay that mo- Mr. CHAFEE. Mr. President, I ask ness concerns owned and controlled by so- tion on the table. unanimous consent that reading of the cially and economically disadvantaged indi- The motion to lay on the table was amendments be dispensed with. viduals; agreed to. The PRESIDING OFFICER. Without (6) the overall cost of administering the re- Mr. CHAFEE. Mr. President, I sug- objection, it is so ordered. quirement of subsection (a), including ad- gest the absence of a quorum. ministrative costs, certification costs, addi- The amendments are as follows: The PRESIDING OFFICER. The tional construction costs, and litigation clerk will call the roll. AMENDMENT NO. 2003 costs; The legislative clerk proceeded to (Purpose: To provide for the continuation of (7) any discrimination, on the basis of race, the Disadvantaged Business Enterprise color, national origin, or sex, against small call the roll. program in the mass transportation pro- business concerns owned and controlled by Mr. GRAMM. Mr. President, I ask grams of the Federal government) socially and economically disadvantaged in- unanimous consent that the order for dividuals; On page 77, line 20, strike ‘‘and II’’ and in- the quorum call be rescinded. (8)(A) any other factors limiting the abil- sert ‘‘, II, and V’’. The PRESIDING OFFICER (Mr. ity of small business concerns owned and THOMAS). Without objection, it is so or- controlled by socially and economically dis- AMENDMENT NO. 2004 TO AMENDMENT NO. 1969 dered. advantaged individuals to compete for prime (Purpose: To allow entities and persons to Mr. GRAMM. Mr. President, I want contracts and subcontracts funded under ti- to make some comments about the bill. comply with court orders relating to dis- tles I, II, and V of this Act; and advantaged business enterprises and to re- (B) the extent to which any of those fac- I then want to talk about a remaining quire the Comptroller General to carry out tors are caused, in whole or in part, by dis- problem that I hope we can work out. a review of the disadvantaged business en- crimination based on race, color, national Mr. President, today we are going to terprises program and discrimination in origin, or sex; pass the highway bill. This is really the general) (9) any discrimination, on the basis of race, result, for some of us, of a 2-year effort. On page 79, between lines 13 and 14, insert color, national origin, or sex, against con- It is the culmination of 2 years of hard the following: struction companies owned and controlled by work in trying to achieve two things. (e) COMPLIANCE WITH COURT ORDERS.— socially and economically disadvantaged in- No. 1 is trying to force the Federal Nothing in this section limits the eligibility dividuals in public and private transpor- of an entity or person to receive funds made tation contracting and the financial, credit, Government to live up to the commit- available under titles I, II, and V of this Act, insurance, and bond markets; ments that it makes to Americans if the entity or person is prevented, in whole (10) the impact on small business concerns when they go to the filling station and or in part, from complying with subsection owned and controlled by socially and eco- fill up their car with gas, and pay a (a) because a Federal court issues a final nomically disadvantaged individuals of— third of the cost of a gallon of gasoline order in which the court finds that the re- (A) the issuance of a final order described in gasoline taxes. They are told right quirement of subsection (a), or the program in subsection (e) by a Federal court that sus- on the tank that every penny they pay established under subsection (a), is unconsti- pends a program established under sub- in gasoline taxes goes to build roads, tutional. section (a); or and yet last year almost 30 cents out of (f) REVIEW BY COMPTROLLER GENERAL.—Not (B) the repeal or suspension of State or later than 3 years after the date of enact- local disadvantaged business enterprise pro- every $1 of gasoline taxes went to fund ment of this Act, the Comptroller General of grams; and everything except roads. the United States shall conduct a review of, (11) the impact of the requirement of sub- We have had a 2-year effort to change and publish and report to Congress findings section (a), and any program carried out to that, and the passage of this bill today S1826 CONGRESSIONAL RECORD — SENATE March 12, 1998 will guarantee that every penny we of Members feeling that their States east-west interstate highway system in collect in gasoline taxes will be spent were being cheated, not just in an in- America. for the purpose for which that tax is terim period but permanently. I thank One of the things that the demands collected, and that is to build roads. Senator WARNER for working to guar- of NAFTA trade will produce is a re- That is a major victory for the driving antee in this bill that no State will quirement to build a north-south inter- public. It is a major victory for tax- ever again get less than 91 cents out of state highway system to go with the payers. It is a major victory for those every dollar that it sends to Washing- east-west highway system that we cur- who depend on good roads and high- ton in gasoline taxes, no matter how rently have. ways and interstates to earn a living, we might be spending money in con- We have in the bill $450 million pro- to get back and forth to work, and to structing a National Highway System. vided for the purpose of beginning to enjoy the fruits of their labor in terms That is an absolute minimum set by allow us to focus on NAFTA trade and of using their automobiles for pleasure this bill. international trade corridors. That travel. I think we can all rejoice in We have not reached this point eas- money is vitally important for doing that victory. ily. It has taken a tremendous amount the engineering work and beginning I would like to also note that it is a of work. Senator WARNER has been a construction on major projects related bipartisan victory. The success we cele- leader in that effort. And this was a to north-south trade. I–35 is a big brate today is the first real bipartisan very big deal for many States, 29 project in my State, as is I–69 and the effort of this Congress. I hope it is an States to be specific, and my State in potential for other major highways or omen of things to come. I thank Sen- particular. As a result of spending the interstate highways through El Paso ator BAUCUS and Senator WARNER for gasoline tax for the purpose that it is and in west Texas. their leadership on this bill, and Sen- collected and guaranteeing that no Here is the remaining problem in the ator CHAFEE and Senator DOMENICI for State will get back less than 91 cents bill, so far as I am concerned. Under working to reach a consensus which, out of every $1 that it sends to Wash- the old bill, there was discussion of a quite frankly, in many ways is better ington in gasoline taxes in the future, NAFTA provision. Money was men- than the position that either party the allocation for my State, which is tioned as potentially being provided, started with. I think those who wonder typical of the 29 donor States, has risen but as often happens in these bills, how the legislative process actually from $7 billion in the last highway bill there was no money provided, but we works could be satisfied in looking at to $10.9 billion in this bill. had a list of criteria that were set out how we have reached a consensus on What that will mean is that for the 3l to direct the Secretary as to how this bill. million miles—the 31,000 miles—Texans money should be provided if money I would also like to say I have appre- think big—the 31,000 miles of sub- ever were provided. ciated having the opportunity to work standard highways that we have in In the Byrd-Gramm-Baucus-Warner with the sage of the U.S. Senate. I have Texas, we will now have the resources amendment, one of our provisions was been greatly honored to have the op- to allow us to move ahead and catch up actually providing money for NAFTA, portunity to work as a partner with with some of the modernization and $450 million. We subsequently have Senator BYRD in putting together an maintenance that we need, the tens of tried to go back and set out objective effort that today is succeeding in guar- thousands of bridges that are sub- criteria to guarantee that every State anteeing that the gasoline tax is spent standard, the north-south Interstate that has international trade flowing for the purpose of building roads. I Highway System that we need to from NAFTA—basically north-south thank Senator BYRD for his leadership build—all of those things will be made trade—could be a beneficiary. We have and say it has been a great pleasure to possible, or at least substantial tried to set out a rational list of items work with him and to watch him work. progress toward achieving them will be that should be looked at in determin- I think this is a very important bill, made possible, by this bill. ing where the highest and best use of and I am pleased about it. There is one remaining issue out- this money would be, guaranteeing The second thing that we have done, standing in the bill, and it has to do that not just border States would bene- principally as a result of Senator WAR- with NAFTA highways and inter- fit, but also States in the interior of NER’s leadership, is we have moved to a national trade corridors. the country that would find themselves greater position of equity with regard I remind my colleagues that when we as part of the roadway for a major to donor States. This is a very difficult passed the North American Free Trade north-south international trade cor- issue for many Members of the Senate Agreement, part of the deal was an ridor. to understand, and, frankly, on occa- agreement by the Federal Government I had thought last night that we had sion it is very difficult for me to under- to take into account the infrastructure reached a consensus. I spent much of stand. But the plain truth is we have a needs with regard to transportation, yesterday talking to every Member of National Highway System. In building the fact that opening up free trade Congress who had a concern about this a National Highway System, there are north-south, involving Canada, the area. We have come up with a consen- always phases where the construction United States and Mexico, would cre- sus amendment now that will set out projects in some States are bigger, in ate a tremendous increase in the de- objective criteria for international terms of cost, than the amount of mand for north-south traffic. trade, for growth in commercial traffic money that they are paying into the The result of NAFTA has been that I– since the passage of NAFTA. We have highway trust fund. If you did not have 35 in my State, currently, and cer- gotten input from Democrats and Re- a National Highway System, what tainly, the most important inter- publicans, and yet this amendment would happen, especially in the west- national trade corridor in the country, continues to be delayed. ern part of the country, is you would the only interstate that runs north- I just want to put my colleagues on build big interstate highways that south throughout the length of the notice that one of the things I have dis- would get to Western States with very whole country through the industrial covered around here is that if you wait low population bases, States where heartland of the Americas, is the most until the end of the bill to get your people who live in the State pay rel- congested interstate highway in Amer- item fixed, you often end up not having atively little gasoline tax, and you ica. it fixed. I assure my colleagues, having would end up with the interstate end- We know that over the next 7 years, done all this work on this provision, I ing at their State border. So we can the level of truck traffic related to Ca- want to be sure we have a rational set never expect in any one year for there nadian, United States, and Mexican of criteria for allocating the money. to be a perfect fit between the amount trade on that road will double over a 7- When there was no money, nobody of money a State is paying in and how year period and, obviously, we need to cared what these criteria were. But, ob- much they are getting in Federal high- build a north-south interstate highway viously, now that funds are provided, I way construction funds in that year. system in America. If you look at a want to ensure that States that are im- But the disparity had gotten so large map of the country and you highlight pacted by NAFTA trade, whether they that it had become a source of friction interstate highways, while there are be Michigan or Arizona or New Mexico in the Senate. It had become a source few exceptions, basically we have an or Texas or California or Washington March 12, 1998 CONGRESSIONAL RECORD — SENATE S1827 or Oregon and all the States in be- ka, the northern tier, or down on the On page 125, lines 5 and 6, strike ‘‘not less tween, have a fair chance of competing border where the distinguished Senator than 15 percent’’ and insert ‘‘not less than 25 for these funds and that these funds, from Texas works so hard on behalf of percent, nor more than 35 percent,’’. On page 156, strike lines 21 through 23 and provided specifically for this purpose, his constituents. insert the following: do not turn into a grab bag where peo- We are there and we have tried and (B) in paragraph (3)— ple simply make up provisions that will continue to try through conference (i) in the first sentence of subparagraph would qualify a particular project in to keep that 91 percent as the target (A), by striking ‘‘80’’ and inserting ‘‘82’’; and their State, even though it might have goal for all States. The donor States (ii) in subparagraph (B)— absolutely nothing to do with inter- have now been recognized through the (I) by striking ‘‘tobe’’ and inserting ‘‘to national trade and might have abso- efforts of many. I was privileged to be be’’; and a part of it. They have at long last (II) by adding at the end the following: ‘‘A lutely nothing to do with NAFTA. project under this subparagraph shall be un- I believe we have a consensus amend- pulled alongside so that they are get- dertaken on a road that is classified as below ment. It is my understanding that ting an equitable and fair distribution a principal arterial.’’; and someone somewhere still has objec- with the other States. I thank the Sen- On page 274, strike lines 3 through 7 and in- tions. I will say, at some point, regret- ator from Texas. He is a bulldog to sert the following: tably, I am going to have to object to work with. I tell you, I would rather be ‘‘(ii) NONMETROPOLITAN AREAS.— amendments coming up until we have on his side than opposing him. ‘‘(I) IN GENERAL.—With respect to each made a decision about this amendment. This is the last amendment that we nonmetropolitan area in the State, the pro- gram shall be developed jointly by the State, I do not want it to be the last amend- are working on. I have a few small elected officials of affected local govern- ment of the day. As a result, I simply items which I will move to momentar- ments, and elected officials of subdivisions of urge anyone who has a concern about ily. Then, in conjunction with the dis- affected local governments that have juris- this—and we have had the involvement tinguished floor manager on the other diction over transportation planning, of roughly a half dozen Republicans side, I will ask unanimous consent that through a process developed by the State and Democrats. Everyone has signed there be no further amendments and that ensures participation by the elected of- off on the amendment who has been in- we begin to vote on final passage about ficials. volved in any way in it. If someone has the hour of 2:15. That is just prelimi- ‘‘(II) REVIEW.—Not less than once every 2 years, the Secretary shall review the plan- an objection, I urge them to come to nary for Senators who might have an ning process through which the program was the floor or at least send a staff person interest so they can attend to those in- developed under subclause (I). to the floor so we can try to work this terests between now and the hour of ‘‘(III) APPROVAL.—The Secretary shall ap- out. 2:15. prove the planning process if the Secretary Barring the ability to do that, we are I see my good friend and colleague in finds that the planning process is consistent getting ready to stop the train from so many joint ventures—a travel part- with this section and section 134. moving, because this was an issue ner recently to the gulf States and On page 286, between lines 10 and 11, insert the following: which I thought was agreed to last Russia—on the floor. Therefore, I yield SEC. 1605. STUDY OF PARTICIPATION OF LOCAL night, but I find it is not agreed to this the floor. ELECTED OFFICIALS IN TRANSPOR- morning. I am eager to get on with it Mr. LEVIN. Mr. President, I thank TATION PLANNING AND PROGRAM- and finish this last piece, which rep- my good friend from Virginia. Indeed, MING. resents for me the last piece in getting we have worked long and hard on a (a) STUDY.—The Secretary shall conduct a number of issues, including the donor study on the effectiveness of the participa- the puzzle together. tion of local elected officials in transpor- I thank the Chair for recognition and State issue. The amendment that I am tation planning and programming. yield the floor. going to call up in a minute is not a (b) REPORT.—Not later than 3 years after Mr. WARNER addressed the Chair. donor State amendment. We have had the date of enactment of this Act, the Sec- The PRESIDING OFFICER. The Sen- many of those, some of which we have retary shall submit to the Committee on En- ator from Virginia. had some success on, some of which we vironment and Public Works of the Senate Mr. WARNER. Mr. President, first, I have not. and the Committee on Transportation and thank the Senator from Texas. He was Infrastructure of the House of Representa- Since the question of donor States tives a report describing the results of the very modest in his remarks recounting has been raised, let me say for those 15 study required under subsection (a). the history of how we got from the to 20 of our States that contribute his- Mr. LEVIN. Mr. President, this very beginning to where we are today. torically much more than we get back amendment will be modified in a mo- Yes, he did refer to the sage in the in terms of Federal gas tax dollars, the ment. We have worked with the floor Senate, Senator ROBERT BYRD. I, like bill that is before us now does take managers and their staffs to modify the Senator from Texas, am privileged some small steps on a long road to fair- this amendment so it will be accept- to be part of that team. I had an oppor- ness for those donor States. able. What this does is improve the tunity to work many times with Sen- We hope that we can improve this bill’s focus on the transportation needs ator BYRD, and there is not one of us in bill further in conference from where it of small metropolitan and rural areas the Senate of the United States who is now. There have been some small by involving them in a greater way in cannot learn and benefit from his wis- steps taken through the efforts of the planning process. dom. many. We are grateful for all of those It is important that a State transpor- Indeed, the Senator from West Vir- efforts. tation improvement program be devel- ginia and the Senator from Texas took AMENDMENT NO. 1375 TO AMENDMENT NO. 1676 oped with the cooperation of our non- on a battle that the Senator from Mon- (Purpose: To provide for greater local input metropolitan planning organizations, tana and I started and lost by one vote. in transportation planning and program- as well as the metropolitan planning The rest is history. ming) organizations. As I talk to so many Senators—and Mr. LEVIN. Mr. President, I call up The bill, unless we adopt this modi- will continue to do so for the next hour amendment No. 1375. fied amendment, will simply continue about this bill—I think there is a feel- The PRESIDING OFFICER. The the ISTEA I structure, which only re- ing in the Senate that we have really clerk will report. quires that nonmetropolitan area plan- done a very significant piece of legisla- The assistant legislative clerk read ning organizations be consulted in the tion and we have corrected the inequi- as follows: planning process. We raise that one ties of the past. The Senator from Michigan [Mr. LEVIN] level to require that there be coopera- All of us know that fighting for our proposes an amendment numbered 1375 to tion with those smaller units of gov- individual States is that responsibility amendment No. 1676. ernment. That has a significance to our which is foremost, but there comes a Mr. LEVIN. Mr. President, I ask Department of Transportation and to time when we have to reconcile our dif- unanimous consent that the reading of the States and greater significance to ferences and recognize that each of the the amendment be dispensed with. the smaller units of government and 50 States has its own particular prob- The PRESIDING OFFICER. Without their planning organizations so that lems as they relate to transportation, objection, it is so ordered. they will be involved in a greater way whether it is in the far reaches of Alas- The amendment is as follows: in the planning process. S1828 CONGRESSIONAL RECORD — SENATE March 12, 1998 AMENDMENT NO. 1375, AS MODIFIED ing very closely at this concept. And I Mr. LEVIN. It simply adds it on to it. Mr. LEVIN. Mr. President, in order understand what the Senator said. It is May I ask one other question to my to accomplish what I just stated, with with that understanding that we wel- friend from Texas. Does his amendment the support, I understand, now of the come the manager’s support. now have the support of the managers? managers, I send a modification to the Mr. WARNER. Mr. President, I urge Mr. GRAMM. As far as I know, it has desk. that the Senator, between now and the been signed off on by everybody. The PRESIDING OFFICER. Without conference period, allow the various Mr. LEVIN. I thank the Senator. objection, the amendment is so modi- representatives of AASHTO to discuss Mr. GRAMM. Mr. President, I ask fied. it. I have found through many years of unanimous consent that reading of the The amendment, as modified, is as working on legislation for our high- amendment be dispensed with. The PRESIDING OFFICER. Without follows: ways, AASHTO is an organization that objection, it is so ordered. On page 274, strike lines 3 through 7 and in- has a lot of credibility and lot of The amendment is as follows: sert the following: knowledge. It is composed of the var- ‘‘(ii) NONMETROPOLITAN AREAS.— At the appropriate place insert the follow- ious highway officials of our 50 States. ing: ‘‘(I) IN GENERAL.—With respect to each They have given effective and balanced nonmetropolitan area in the State, the pro- (2) SELECTION OF STATES, METROPOLITAN gram shall be developed in cooperation with and credible advice to the Senate on PLANNING ORGANIZATIONS, AND PROJECTS TO the State, elected officials of affected local many, many occasions. For the mo- RECEIVE GRANTS.—Notwithstanding any governments, and elected officials of subdivi- ment, they express some discomfort other provision of this Act, in selecting sions of affected local governments that with this. And we want to make sure States, metropolitan planning organizations, have jurisdiction over transportation plan- that the Senator has that opportunity. and projects to receive grants under sub- ning, through a process developed by the Is the Senator ready to adopt the section 1116(d), the Secretary shall con- sider— State that ensures participation by the amendment? (A) the extent to which the annual volume elected officials. Mr. GRAMM addressed the Chair. of commercial vehicle traffic at the border ‘‘(II) REVIEW.—Not less than once every 2 The PRESIDING OFFICER. The Sen- years, the Secretary shall review the plan- stations or ports of entry of each State— ator from Texas. (i) has increased since the date of enact- ning process through which the program was Mr. GRAMM. Mr. President, I sug- ment of the North American Free Trade developed under subclause (I) gest the absence of a quorum. Agreement Implementation Act (Public Law ‘‘(III) APPROVAL.—The Secretary shall ap- 103–182); and prove the planning process if the Secretary The PRESIDING OFFICER. Is there (ii) is projected to increase in the future; finds that the planning process is consistent objection? (B) the extent to which commercial vehicle with this section and section 134. Mr. LEVIN. Could we get this passed? traffic in each State— Mr. LEVIN. I yield the floor. If it is not—— Mr. GRAMM. I suggest the absence of (i) has increased since the date of enact- Mr. WARNER. Mr. President, this ment of the North American Free Trade a quorum. amendment has been carefully consid- Agreement Implementation Act (Public Law The PRESIDING OFFICER. The ered on this side. For purposes of pro- 103–182); and clerk will call the roll. (ii) is projected to increase in the future; ceeding, we are going to adopt it. How- The assistant legislative clerk pro- ever, I have to say that we will have to (C) the extent of border transportation im- ceeded to call the roll. provements carried out by each State since readdress the amendment in the con- Mr. GRAMM. Mr. President, I ask the date of enactment of that Act; ference—I think my distinguished col- unanimous consent that the order for (D) the extent to which international league understands that—because it af- the quorum call be rescinded. truck-borne commodities move through each fects the plan process and relationship The PRESIDING OFFICER. Is there State; between the States and local govern- objection? Without objection, it is so (E) the reduction in commercial and other travel time through a major international ments. ordered. From the very inception of this legis- gateway expected as a result of the proposed AMENDMENT NO. 2005 TO AMENDMENT NO. 1375, AS project; including the level of traffic delays lation, in the subcommittee of which I MODIFIED at at-grade highway crossings of major rail am privileged to be the chairman, we (Purpose: To modify the factors that the lines in trade corridors. have been very careful to maintain the Secretary is required to consider in select- (F) the extent of leveraging of Federal balance that was developed in ISTEA I. ing States, metropolitan planning organi- funds provided under this subsection, includ- That has worked, we believe, quite well zations, and projects to receive grants ing— over this period of 6 years. We will under the program to provide Federal as- (i) use of innovative financing; make certain in the conference struc- sistance for trade corridors and border in- (ii) combination with funding provided frastructure safety and congestion relief) ture to maintain this balance, and we under other sections of this Act and title 23, Mr. GRAMM. Mr. President, I send a United States Code; and will look at the amendment in that second-degree amendment to the desk (iii) combination with other sources of context. and ask for its immediate consider- Federal, State, local, or private funding; in- Mr. LEVIN addressed the Chair. cluding State, local and private matching The PRESIDING OFFICER. The Sen- ation. fund. The PRESIDING OFFICER. The ator from Michigan. (G) improvements in vehicle and highway clerk will report. Mr. LEVIN. I thank the Senator for safety and cargo security in and through the The assistant legislative clerk read that. In fact, I look forward to the con- gateway concerned; as follows: ferees looking at this balance. Right (H) the degree of demonstrated coordina- The Senator from Texas [Mr. GRAMM], for tion with Federal inspection agencies; now, the metropolitan areas of our himself, Mrs. HUTCHISON and Mr. ABRAHAM, (I) the extent to which the innovative and country have planning organizations, proposes an amendment numbered 2005 to problem solving techniques of the proposed and the States are required to coordi- amendment No. 1375, as modified. project would be applicable to other border nate the plan with those metropolitan Mr. GRAMM. Mr. President, I ask stations or ports of entry; areas. But when it comes to the small- (J) demonstrated local commitment to im- unanimous consent that reading of the plement and sustain continuing comprehen- er areas, planning units, there is no amendment be dispensed with. such requirement. There is a ‘‘con- sive border planning processes and improve- Mr. LEVIN. Reserving the right to ment programs; and sultation’’ requirement, which is two object, Mr. President. (K) the value of the cargo carried by com- notches below coordination. Mr. GRAMM. Mr. President, go ahead mercial vehicle traffic, to the extent that What we are simply doing here is and read the amendment. the value of the cargo and congestion impose having a little fairer balance with the Mr. LEVIN. I would just like to make economic costs on the nation’s economy. smaller units. By the way, this concept an inquiry of my friend from Texas as Mr. GRAMM. Mr. President, this has been approved by the National to whether or not he is offering a sec- amendment simply makes the tech- League of Cities. What we simply do ond-degree amendment to my pending nical changes to go with the NAFTA here is say that the States will cooper- amendment? Is that what the Senator highway provision in the bill. It has ate with these nonmetropolitan plan- is doing? been worked on by over a dozen Mem- ning organizations so that we get a lit- Mr. GRAMM. Yes. It does not change bers. It has cosponsors. We have had no tle greater input. But I would welcome, the underlying amendment. It simply objection from any Member that we as a matter of fact, the conferees look- adds my amendment to it. know of. I thank my colleagues. March 12, 1998 CONGRESSIONAL RECORD — SENATE S1829 Mr. WARNER addressed the Chair. Mr. WARNER. Mr. President, this On page 98, line 19, insert ‘‘and affected The PRESIDING OFFICER. The Sen- amendment, as I said, has been accept- port of entry’’ after ‘‘border’’. ator from Virginia. ed on both sides. It changes a date in On page 98, line 24, insert ‘‘or affected port of entry’’ before ‘‘expected’’. Mr. WARNER. I am informed it is a the letter of the bill relating to obliga- On page 99, line 12, insert ‘‘or affected port matter that has been cleared on both tion limitations. of entry’’ after ‘‘gateway’’. sides and, therefore, I urge the adop- The PRESIDING OFFICER. Without On page 99, line 21, insert ‘‘or affected port tion of the amendment. objection, the amendment is agreed to. of entry’’ after ‘‘border’’. The PRESIDING OFFICER. The The amendment (No. 2006) was agreed Mr. LAUTENBERG. Mr. President, I question is on agreeing to the second- to. join with the cosponsors of this amend- degree amendment. Mr. WARNER. I move to reconsider ment, Senators WARNER, MOYNIHAN and The amendment (No. 2005) was agreed the vote. CHAFEE in offering this amendment. to. Mr. REID. I move to lay that motion This amendment will make so-called Mr. WARNER. I move to reconsider on the table. ‘‘ports of entry’’ eligible for the plan- the vote and lay that motion on the The motion to lay on the table was ning and infrastructure funding au- table. agreed to. thorized for this new trade corridor The motion to lay on the table was AMENDMENT NO. 2007 TO AMENDMENT NO. 1676 program. To qualify for funding, a port agreed to. (Purpose: To provide assistance to seaports would have to show that there had been The PRESIDING OFFICER. The and airports affected by the increase in a significant increase in the transpor- trade with Canada and Mexico resulting question arises—— tation of cargo by rail and motor car- from the enactment of the North American rier through that facility since the en- Mr. WARNER. Mr. President, the un- Free Trade Agreement Implementation derlying amendment was part of the Act) actment of NAFTA. The trade corridor and border cross- package that just passed the Senate? Mr. WARNER. Mr. President, I send ing program is intended to address the The PRESIDING OFFICER. No, it to the desk an amendment on behalf of strain on the U.S. transportation sys- was not. Senator LAUTENBERG from New Jersey tem caused by the increase in inter- The question is on agreeing to the and ask for its immediate consider- national trade following enactment of underlying amendment. ation. The amendment (No. 1375), as modi- The PRESIDING OFFICER. The NAFTA. However, in addition to the fied, as amended, was agreed to. clerk will report. increase in commercial traffic at bor- Mr. WARNER. I move to reconsider The assistant legislative clerk read der crossings and along highways, the vote. as follows: other areas, such as ports of entry, are significant trade corridors for the Mr. LEVIN. I move to lay that mo- The Senator from Virginia (Mr. WARNER), movement of cargo, either by ship, rail tion on the table. for Mr. LAUTENBERG, proposes an amendment The motion to lay on the table was numbered 2007 to amendment No. 1676. or air, since NAFTA. These ports of agreed to. Mr. WARNER. Mr. President, I ask entry, including the Port of New York Mr. WARNER. Mr. President, I thank unanimous consent that reading of the and New Jersey, and the Port of Phila- delphia/Camden, bears significant in- the Senator from Texas and others. amendment be dispensed with. frastructure costs from the increase of That was a contentious matter. We The PRESIDING OFFICER. Without this cargo. This amendment would en- were able to resolve it. objection, it is so ordered. able ports of entry to compete for Mr. REID. Mr. President, I wish to The amendment is as follows: On page 91, between lines 23 and 24, insert funds in the Trade Corridor program. ask a question of the manager of the In a State-by-State comparison of bill. Does the Senator from Virginia the following: (1) AFFECTED PORT OF ENTRY.—The term the total value of international truck have more business now? ‘‘affected port of entry’’ means a seaport or shipments through each State, New Mr. WARNER. Yes. I say to the Sen- airport in any State that demonstrates that Jersey ranks third, trailing only New ator, I have some business related to the transportation of cargo by rail or motor York and Pennsylvania, for total value the bill. But I want to accommodate carrier through the seaport or airport has in- of international shipments moving my good friend. Does he have another creased significantly since the date of enact- through the State. Thus, New Jersey’s matter? ment of the North American Free Trade Agreement Implementation Act (Public Law ports are supporting a significant por- Mr. REID. I have something in morn- tion of the Nation’s international trade ing business that will take about 3 103–182). On page 91, line 24, strike ‘‘(1)’’ and insert activities and are contributing a great minutes. We will do that when you fin- ‘‘(2)’’. deal to the sound economic status we ish. On page 92, line 5, strike ‘‘(2)’’ and insert are now enjoying. However, this in- Mr. WARNER. If the Senator will for- ‘‘(3)’’. crease in trade and traffic is taking its bear for a few minutes. On page 92, line 11, strike ‘‘(3)’’ and insert ‘‘(4)’’. toll on the infrastructure of ports in AMENDMENT NO. 2006 TO AMENDMENT NO. 1676 On page 92, line 17, strike ‘‘(4)’’ and insert States like New Jersey. With this (Purpose: To change the date of a letter re- ‘‘(5)’’. amendment, these ports, that are ferred to in a provision relating to obliga- On page 93, line 3, strike ‘‘(5)’’ and insert working so hard to support inter- tion limitations) ‘‘(6)’’. national trade and the U.S. economy as Mr. WARNER. Mr. President, I send On page 93, line 6, strike ‘‘(6)’’ and insert a whole, will be able to apply for assist- an amendment to the desk and ask for ‘‘(7)’’. On page 95, line 10, before the period, insert ance. This amendment is a significant its immediate consideration. the following: ‘‘and through affected ports of step toward addressing the burden of The PRESIDING OFFICER. The entry’’. increased international trade on States clerk will report the amendment. On page 95, line 12, insert ‘‘and affected with very active ports, like New Jer- Mr. WARNER. It has been cleared on port of entry’’ after ‘‘corridor’’. sey. both sides. It is on behalf of Senator On page 95, line 14, before the period, insert With this amendment, the trade cor- the following: ‘‘or by the State in which the CHAFEE and myself. ridor program will be balanced so that affected port of entry is located’’. The assistant legislative clerk read On page 95, strike lines 16 through 23 and those areas and facilities that have in- as follows: insert the following: deed seen increases in cargo shipments The Senator from Virginia (Mr. WARNER), (A) IN GENERAL.—As a condition of receiv- will be eligible to compete for these for Mr. CHAFEE, for himself and Mr. WARNER, ing a grant under paragraph (1), a State shall scarce funds. proposes an amendment numbered 2006 to enter into an agreement with the Secretary Mr. WARNER. Mr. President, I have amendment No. 1676. that specifies that, not later than 2 years sent this amendment to the desk on be- Mr. WARNER. Mr. President, I ask after receipt of the grant— half of the distinguished Senator from unanimous consent that reading of the (i) in cooperation with the other States New Jersey. It concerns ports of entry. along the corridor, the State will submit a amendment be dispensed with. plan for corridor improvements to the Sec- This amendment clarifies that the The amendment is as follows: retary; or ports of entry are eligible to partici- On page 39, line 15, in the matter added by (ii) the State will submit a plan for af- pate in the trade corridor program. As Chafee Amendment No. 1311, strike ‘‘October fected port of entry improvements to the I say, it has been accepted on both 6, 1997’’ and insert ‘‘March 12, 1998’’. Secretary. sides. I urge its adoption. S1830 CONGRESSIONAL RECORD — SENATE March 12, 1998 The PRESIDING OFFICER. Without Mr. REID. Mr. President, I appreciate AMENDMENT NO. 2010 TO AMENDMENT NO. 1676 objection, the amendment is agreed to. the managers of the bill letting me pro- (Purpose: To require the Secretary to con- The amendment (No. 2007) was agreed ceed at this time. duct a comprehensive assessment of the to. Mr. President, I ask unanimous con- state of the transportation infrastructure Mr. WARNER. I move to reconsider sent that I may proceed as in morning on the southwest border between the United States and Mexico) the vote and to lay that motion on the business. Mr. WARNER. Mr. President, I send table. The PRESIDING OFFICER. Without to the desk an amendment on behalf of The motion to lay on the table was objection, it is so ordered. Senator FEINSTEIN of California which agreed to. Mr. WARNER. Before the distin- authorizes the Secretary of Transpor- AMENDMENT NO. 2008 TO AMENDMENT NO. 1676 guished Senator speaks, do you wish to tation to conduct a study in border in- (Purpose: To provide a program for remote address the matter we discussed by sensing and spatial information tech- frastructure at the Southwest border. phone at all at this point in time? Or The PRESIDING OFFICER. The nologies) do you feel we have covered that? Mr. WARNER. Mr. President, I send clerk will report. Mr. REID. Yes. The assistant legislative clerk read to the desk an amendment on behalf of Mr. WARNER. I thank the Senator. the distinguished majority leader, Mr. as follows: Mr. REID addressed the Chair. LOTT of Mississippi. The Senator from Virginia [Mr. WARNER], The PRESIDING OFFICER. The The PRESIDING OFFICER. The Sen- for Mrs. FEINSTEIN, proposes an amendment clerk will report. ator may proceed. numbered 2010 to amendment No. 1676. The assistant legislative clerk read (The remarks of Senator REID are Mr. WARNER. Mr. President, I ask as follows: printed in today’s RECORD under unanimous consent reading of the ‘‘Morning Business.’’ The Senator from Virginia [Mr. WARNER], amendment be dispensed with. for Mr. LOTT, proposes an amendment num- Mr. WARNER. I want to continue to The PRESIDING OFFICER. Without bered 2008 to amendment No. 1676. finish the bill here. objection, it is so ordered. Mr. WARNER. Mr. President, I ask MODIFICATION TO AMENDMENT NO. 2005 The amendment is as follows: unanimous consent that reading of the Mr. WARNER. I ask unanimous con- On page 309, between lines 3 and 4, insert amendment be dispensed with. sent a modification to the Gramm the following: The PRESIDING OFFICER. Without SEC. 18ll. SOUTHWEST BORDER TRANSPOR- amendment No. 2005, which clarifies TATION INFRASTRUCTURE ASSESS- objection, it is so ordered. that ‘‘ports of entry’’ are eligible under MENT. The amendment is as follows: the ‘‘border infrastructure and trade (a) IN GENERAL.—The Secretary shall con- At the appropriate place in the bill, insert crossings,’’ section of the bill be ac- duct a comprehensive assessment of the the following: cepted. state of the transportation infrastructure on SEC. . REMOTE SENSING AND SPATIAL INFOR- The modification is as follows: the southwest border between the United MATION TECHNOLOGIES. On page 2, in insert (c), after ‘‘border’’, in- States and Mexico (referred to in this section (a) IN GENERAL.—The Secretary shall es- sert: ‘‘or ports of entry’’. as the ‘‘border’’). tablish and carry out a program to validate (b) CONSULTATION.—In carrying out sub- remote sensing and spatial information tech- The PRESIDING OFFICER. The section (a), the Secretary shall consult nologies for application to national transpor- question is on agreeing to the amend- with— tation infrastructure development and con- ment. (1) the Secretary of State; struction. The amendment (No. 2005), as modi- (2) the Attorney General; (b) PROGRAM STAGES.— fied, was agreed to. (3) the Secretary of the Treasury; (1) FIRST STAGE.—Not later than 18 months (5) the Commandant of the Coast Guard; after the date of the enactment of this Act, AMENDMENT NO. 2009 TO AMENDMENT NO. 1676 (6) the Administrator of General Services; the Secretary shall establish a national pol- Mr. WARNER. I send to the desk an (7) the American Commissioner on the icy for the use of remote sensing and spatial amendment on behalf of Senator International Boundary Commission, United information technologies in national trans- DOMENICI. States and Mexico; portation infrastructure development and The PRESIDING OFFICER. The (8) State agencies responsible for transpor- construction. tation and law enforcement in border States; (2) SECOND STAGE.—After establishment of clerk will report. and the national policy under paragraph (1), the The assistant legislative clerk read (9) municipal governments and transpor- Secretary shall develop new applications of as follows: tation authorities in sister cities in the bor- remote sensing and spatial information tech- The Senator from Virginia [Mr. WARNER], der area. nologies for the implementation of such pol- for Mr. DOMENICI, proposes an amendment (c) REQUIREMENTS.—In carrying out the as- icy. numbered 2009 to amendment No. 1676. sessment, the Secretary shall— (c) COOPERATION.—The Secretary shall (1) assess— carry out this section in cooperation with Mr. WARNER. Mr. President, I ask (A) the flow of commercial and private the National Aeronautics and Space Admin- unanimous consent reading of the traffic through designated ports of entry on istration and a consortium of university re- amendment be dispensed with. the border; search centers. The PRESIDING OFFICER. Without (B) the adequacy of transportation infra- (d) FUNDING.—There is authorized to be ap- objection, it is so ordered. structure in the border area, including high- propriated to carry out this section The amendment is as follows: ways, bridges, railway lines, and border in- $10,000,000 for fiscal year 1999 and $10,000,000 spection facilities; for each of fiscal years 2000 through 2004. On page 100 at the end of line 14, insert: ‘‘including the deployment of technologies (C) the adequacy of law enforcement and Mr. WARNER. Mr. President, this to detect and deter illegal narcotic smug- narcotics abatement activities in the border amendment establishes a program for gling.’’ area, as the activities relate to commercial remote sensing and spatial information and private traffic; and Mr. WARNER. The amendment technologies. It has been accepted on (D) future demands on transportation in- makes clear that the deployment of both sides. I urge its adoption. frastructure in the border area; and technologies to delete and detect ille- (2) make recommendations to facilitate le- The PRESIDING OFFICER. Without gal narcotic drug smuggling is eligible gitimate cross-border traffic in the border objection, the amendment is agreed to. area, while maintaining the integrity of the The amendment (No. 2008) was agreed activity under the Trade Corridor and Border Crossing Program. border. to. (d) REPORT.—Not later than 1 year after Mr. WARNER. I move to reconsider The PRESIDING OFFICER. The the date of enactment of this Act, the Sec- the vote and to lay that motion on the question is on agreeing to the amend- retary shall submit to Congress a report on table. ment. the assessment conducted under this section, The motion to lay on the table was The amendment (No. 2009) was agreed including any related legislative and admin- agreed to. to. istrative recommendations. Mr. WARNER. Mr. President, I yield Mr. WARNER. I move to reconsider The PRESIDING OFFICER. The the floor. the vote, and I move to lay it on the question is on agreeing to the amend- Mr. REID addressed the Chair. table. ment. The PRESIDING OFFICER. The Sen- The motion to lay the amendment on The amendment (No. 2010) was agreed ator from Nevada. the table was agreed to. to. March 12, 1998 CONGRESSIONAL RECORD — SENATE S1831 Mr. WARNER. I move to reconsider Federal surface transportation pro- I will support S. 1173 the ISTEA reau- the vote, and I move to lay it on the grams. Among the many visionary pro- thorization bill. This is a good piece of table. visions in this bill, the Committee in- legislation. It continues the fundamen- The motion to lay the amendment on cluded a provision in S. 1173 that re- tal goal of the original ISTEA, which is the table was agreed to. quires the United States Department of to afford state and local governments Mr. WARNER. I ask unanimous con- Transportation to carry out a bridge greater flexibility in allocating trans- sent to add Senators CHAFEE, WARNER, research grant program to demonstrate portation dollars. Investing in our and MOYNIHAN to the Lautenberg the application of innovative materials transportation infrastructure is essen- amendment adopted earlier this morn- in the construction of bridges. tial if we are to remain economically ing concerning ports of entry. The State of South Dakota is on the competitive. Today, our highways and The PRESIDING OFFICER. Without cutting edge of efforts to develop inno- transit systems need continued support objection, it is so ordered. vative materials for use in bridge con- in order to meet our commercial and AMENDMENT NO. 2011 TO AMENDMENT NO. 1676 struction. Polymer Bridge Systems, personal transportation requirements. (Purpose: To identify certain routes in Lou- Inc., of Mitchell, South Dakota, has de- In addition to the ‘‘traditional high- isiana as part of the North-South Corridor, veloped a very impressive technology way advocates’’—the city, county and a high priority corridor on the National that makes it possible to construct state officials, engineers and contrac- Highway System) items like bridges and utility poles out tors—I have been working closely with Mr. WARNER. I send to the desk an of composite plastics. Its products use community organizers, architects, amendment on behalf of two distin- a relatively inexpensive bamboo core preservationists, bicyclers and commu- guished Senators from Louisiana, Mr. for strength. Advanced composites nity activists. All of these people sup- BREAUX and Ms. LANDRIEU and ask for show great promise in reducing costs of port ISTEA. I want to thank all of the its immediate consideration. bridges and speeding their construc- county commissioners, city and state The PRESIDING OFFICER. The tion, particularly in rural areas such as officials, as well as transit advocates, clerk will report. those found in our states. community organizers and others who The assistant legislative clerk read This Senator has seen samples of this have educated me along the way on as follows: innovative product. It has won wide na- transportation issues. The Senator from Virginia [Mr. WARNER], tional recognition ahead of others de- I am pleased to say that the Senate for Mr. BREAUX and Ms. LANDRIEU, proposes veloped by large corporations we are will be passing a very good bill today an amendment No. 2011 to amendment No. all familiar with. In fact, the South that will provide a much higher level of 1676. Dakota Department of Transportation funding for the transportation infra- Mr. WARNER. I ask unanimous con- is installing a model bridge developed structure and investment in Min- sent reading of the amendment be dis- by Polymer Bridge Systems, Inc., at a nesota. This bill will make over $2 bil- pensed with. weigh station in the state. This prod- lion available to the state of Minnesota The PRESIDING OFFICER. Without uct shows great economic development over six years. objection, it is so ordered. potential, as they intend to manufac- With this funding a continued federal The amendment is as follows: ture it in the State. investment will be made in maintain- On page 309, strike line 3 and insert the fol- Mr. President, I would inquire of the ing and expanding Minnesota’s high- lowing: distinguished ranking member (Mr. ways, transit and other transportation designated Route. BAUCUS), if advanced composites are related programs. Not only was the SEC. 18ll. IDENTIFICATION OF HIGH PRIORITY the type of material the Committee on Senate able to increase funding for the CORRIDOR ROUTES IN LOUISIANA. Environment and Public Works in- traditional highway programs, includ- Section 1105 of the Intermodal Surface ing bridges, but this bill will also au- Transportation Efficiency Act of 1991 (105 tended to be researched under this new Stat. 2031) is amended— grant program? thorize additional funding for transit (1) in subsection (c)(1)— Mr. BAUCUS. Mr. President, the Sen- programs. I am pleased that several (A) by striking ‘‘Corridor from Kansas’’ ator from South Dakota (Mr. DASCHLE) transit projects have been proposed in and inserting the following: ‘‘Corridor— is entirely correct. Advanced compos- Minnesota including the Twin Cities ‘‘(A) from Kansas’’; ites are one of many types of innova- Transitway. Improving existing transit (B) in subparagraph (A) (as so designated), tive materials this bridge research pro- and building new transit will be crucial by striking the period at the end and insert- gram was created to deal with. Would as we see our population in the state ing ‘‘; and’’; and continue to grow. It is clear that as our (C) by adding at the end the following: my distinguished colleague, the Chair- ‘‘(B) from Shreveport, Louisiana, along man of the Committee (Mr. CHAFEE), region continues to grow we will need Interstate Route 49 to Lafayette, Louisiana, agree with our assessment? alternatives to the traditional car and and along United States Route 90 to the Mr. CHAFEE. Mr. President, I share driver commuting. junction with Interstate Route 10 in New Or- the Senators’ view that advanced com- I am also pleased that this bill con- leans, Louisiana.’’; and posites deserve further investigation tinues the Disadvantaged Business En- (2) in subsection (e)(5)(A), by inserting ‘‘in for their applications to bridge con- terprise (DBE) program. The DBE pro- subsection (c)(1)(B),’’ after ‘‘routes referred struction, and are certainly innovative gram, which was first authorized in to’’. materials that fall under the purview 1982, has been very successful in my Mr. WARNER. The amendment is of the bridge research program. home state of Minnesota. Through the self-explanatory. Mr. DASCHLE. I thank my col- DBE program minority and women The PRESIDING OFFICER. The leagues, and look forward to working owned businesses have grown. Busi- question is on agreeing to the amend- with them on this and other important nesses that in the past had been cut ment. initiatives to improve our nation’s out from important highway construc- The amendment (No. 2011) was agreed transportation system. tion dollars have been able to compete to. Mr. WELLSTONE. Mr. President, I and get contracts to build and main- Mr. WARNER. I move to reconsider come to the floor today to add my tain our nation’s interstate highway the vote, and I move to lay it on the voice to those of my colleagues in sup- system. table. port of S. 1173, the Intermodal Surface Transportation is critical to our The motion to lay the amendment on Transportation Efficiency Act (ISTEA) daily lives. We cannot separate how the table was agreed to. II. This bill is tremendously important people and goods are transported from ADVANCED COMPOSITE BRIDGE RESEARCH to the residents of the state of Min- the many other parts of their social Mr. DASCHLE. Mr. President, the nesota. I want to thank the Manager of and economic lives. It is important to Senate owes a great debt of gratitude the bill for his excellent work in bring- work together to ensure that we have a to the Committee on Environment and ing this important legislation to the fully integrated, safe and environ- Public Works, its Chairman (Mr. floor. mentally sound intermodal transpor- CHAFEE) and Ranking Member (Mr. ISTEA represented a comprehensive tation system in the state of Min- BAUCUS) for developing an excellent package to address all transportation nesota and the country. ISTEA does legislative package to reauthorize the needs. I am proud to be able to say that this through the MPO, ATP and STIP S1832 CONGRESSIONAL RECORD — SENATE March 12, 1998 process. The planning provisions of the and I were trying to do, then a little On page 223, strike lines 4 and 5 and insert bill put the decision making back at less disfavor with the Byrd-Gramm- the following: the local level. I am pleased that the Baucus-Warner amendment. I remem- (1) in subsection (a)— Senate bill includes language that I au- ber him walking out of here at one (A) by striking ‘‘(a) Each’’ and inserting the following: thored to require MPO’s to provide point late in the afternoon and he said ‘‘(a) IN GENERAL.— meaningful public participation in the he was going to put a shield on and ‘‘(1) PROGRAM.—Each’’; MPO process. While the MPO process take out a sword and this measure (B) by inserting ‘‘, bicyclists,’’ after ‘‘mo- has worked well, this new language would not pass. He, too, came to recog- torists’’; and will make the process that much more nize the need for additional funding. (C) by adding at the end the following: responsive to the communities that are I think, indeed, the consensus of the ‘‘(2) HAZARDS.—In carrying out paragraph most impacted by their decisions. Senate as a body—both sides realized, (1), a State may, at its discretion, Again, I am pleased to add my sup- fully bipartisan—was that additional ‘‘(A) identify through a survey hazards to motorists, users of public transportation, port to this important bill. highway funding was needed. Senator bicyclists, pedestrians, and individuals who Mr. WARNER. Momentarily, I will CHAFEE, together with Senator BAUCUS, live or work near transportation facilities; seek unanimous consent regarding the in markup in the full committee, got and bill, but I will take this opportunity to the unanimous adoption of the sub- ‘‘(B) develop and implement projects and express my profound appreciation to so committee bill. Then when there was programs to address the hazards.’’; many persons who were instrumental reconciliation on the Byrd amendment, Mr. WARNER. Mr. President, this is in achieving this landmark piece of again, Mr. CHAFEE took the leadership cleared on both sides. legislation, which originated in the in our committee and received unani- The PRESIDING OFFICER. If there subcommittee on which I am privileged mous support from all Members and is no further debate, without objection, to chair, and with the help of the dis- eventually brought to the floor the the amendment is agreed to. tinguished ranking member of the sub- Chafee amendment which added those The amendment (No. 2012) was agreed committee and ranking member of the funds. to. full committee, Mr. BAUCUS. I think we Mr. President, we have come a long Mr. WARNER. Mr. President, I move can say with some immodesty that we way. We are here, and within a short to reconsider the vote. achieved the goals we set out to estab- period I hope this measure is voted on Mr. BAUCUS. I move to lay that mo- lish months and months ago when we final passage. tion on the table. started hearings. I want to thank Ann Loomis of my The motion to lay on the table was Indeed, we held hearings in many staff. I have never in my 19 years in the agreed to. places in the United States to get the Senate witnessed a higher dedication AMENDMENT NO. 2013 TO AMENDMENT NO. 1676 input of various Governors and other and commitment by any person serving (Purpose: To modify a high priority corridor State officials and people across our in the capacity of the staff than this on the National Highway System) country as we were putting together fine person, together with her assist- Mr. WARNER. Mr. President, I send this legislation, which I am confident ant, Ellen Stein, in helping me. We an amendment to the desk and ask for will enable not only the lifestyle of in- were joined by Dan Corbett, Kathy its immediate consideration. The PRESIDING OFFICER. The dividuals to improve, to eliminate Ruffalo of Senator BAUCUS’ staff, hours, endless hours on the highways Jimmie Powell, the staff director, clerk will report. The legislative clerk read as follows: in traffic congestion, but to improve Thomas Sliter, the minority staff di- safety. rector, as well as Cheryl Tucker, Abi- The Senator from Virginia [Mr. WARNER], I see the distinguished ranking mem- for Mr. ABRAHAM and Mr. LEVIN, proposes an gail Kinnison, and Linda Jordan. What amendment numbered 2013 to Amendment ber has just arrived. I was about to a marvelous group. We have worked to- No. 1676. extol the Senator during his absence, gether in a bipartisan way to achieve Mr. WARNER. Mr. President, I ask but I will continue. Those goals—we this legislation. I hope other members unanimous consent that reading of the sat down in the subcommittee and in of the staff and the Senate recognize amendment be dispensed with. the hearings that we had—we had a how their peer group throughout the The PRESIDING OFFICER. Without hearing in Montana, as well as Idaho, Senate worked—those assigned to the objection, it is so ordered. and produced the various principles we highway responsibilities and the legis- The amendment is as follows: have incorporated in this bill. There lative offices of every Senator—to On page 309, between lines 3 and 4, insert came a time when Senator BAUCUS and bring about this bill. We thank all of the following: I believed we needed added dollars. We you. We really got a remarkable piece SEC. 1802. MODIFICATION OF HIGH PRIORITY made that effort. We lost by a single of legislation and here we are. CORRIDOR. vote on the floor. I think there is one matter still re- Section 1105(c)(18) of the Intermodal Sur- But I think we understood at that maining. I yield the floor, and I suggest face Transportation Efficiency Act of 1991 time that the leadership, both Repub- the absence of a quorum. (105 Stat. 2032) is amended— lican and Democrat, needed more time. The PRESIDING OFFICER. The (1) by striking ‘‘(18) Corridor from Indian- I say throughout this bill we have re- apolis,’’ and inserting the following: clerk will call the roll. ‘‘(18)(A) Corridor from Sarnia, Ontario, ceived the strongest support from the The assistant legislative clerk pro- Canada, through Port Huron, Michigan, majority leader and the distinguished ceeded to call the roll. southwesterly along Interstate Route 69 minority leader, Mr. DASCHLE. As a AMENDMENT NO. 2012 TO AMENDMENT NO. 1676 through Indianapolis,’’; and matter of fact, the majority leader pre- (Purpose: To expand the scope of the hazard (2) by adding at the end the following: sided over a series of meetings we had elimination program) ‘‘(B) Corridor from Sarnia, Ontario, Can- in connection with the Byrd-Gramm- Mr. WARNER. Mr. President, I send ada, southwesterly along Interstate Route 94 Baucus-Warner amendment. I can see an amendment to the desk and ask for to the Ambassador Bridge interchange in De- troit, Michigan. Senator LOTT in his private office now its immediate consideration. ‘‘(C) Corridor from Windsor, Ontario, Can- patiently listening as we advocated the The PRESIDING OFFICER. The ada, through Detroit, Michigan, westerly need for additional funding and the clerk will report. along Interstate Route 94 to Chicago, Illi- chairman of the Budget Committee, The assistant legislative clerk read nois.’’. Mr. DOMENICI, in a very pragmatic and as follows: Mr. WARNER. This amendment is straightforward way, explaining the The Senator from Virginia [Mr. WARNER], cleared on both sides. various priorities of many programs, for Mr. TORRICELLI, proposes an amendment The PRESIDING OFFICER. Without but the willingness on behalf of the numbered 2012. objection, the amendment is agreed to. majority leader to listen and the chair- Mr. WARNER. Mr. President, I ask The amendment (No. 2013) was agreed man of the Budget Committee to fi- unanimous consent that reading of the to. nally accept the consensus of that. amendment be dispensed with. Mr. WARNER. Mr. President, I move Mr. CHAFEE worked with us through- The PRESIDING OFFICER. Without to reconsider the vote. out. There was a time when he was not objection, it is so ordered. Mr. BAUCUS. I move to lay that mo- entirely in favor of what Mr. BAUCUS The amendment is as follows: tion on the table. March 12, 1998 CONGRESSIONAL RECORD — SENATE S1833 The motion to lay on the table was (1) DESIGNATION.—Subject to subsection The PRESIDING OFFICER. The agreed to. (b)(2), notwithstanding section 103(c) of title question is on agreeing to the amend- Mr. WARNER. Mr. President, on be- 23, United States Code, the segments de- ment. half of the majority leader and the dis- scribed in paragraph (2) are designated as The amendment (No. 2014) was agreed routes on the Interstate System. tinguished minority leader, I make the to. (2) SEGMENTS.—The segments referred to in following unanimous consent request: paragraph (1) are— Mr. WARNER. Mr. President, I move I ask unanimous consent that no fur- (A) the portion of Corridor V of the Appa- to reconsider the vote. ther amendments—with the exception lachian development highway system from Mr. BOND. I move to lay that motion of one to be offered by the Senator Interstate Route 55 near Batesville, Mis- on the table. from Alabama, Mr. SESSIONS, which is sissippi, to the intersection with Corridor X The motion to lay on the table was still under consideration as to whether of the Appalachian development highway agreed to. or not we will accept it—be in order to system near Fulton, Mississippi; and Mr. BAUCUS. Mr. President, we are the committee substitute, and that the (B) the portion of Corridor X of the Appa- close to wrapping up this bill. I would lachian development highway system from like to just inform the Senate of the vote occur on the substitute beginning near Fulton, Mississippi, to the intersection at 2:15 today. with Interstate Route 65 near Birmingham, very, very hard work that a lot of my I further ask unanimous consent that Alabama. staff have performed, as well as the staff of many others. It is worth re- immediately following the adoption of (b) SUBSTANDARD FEATURES.— Senate amendment No. 1676, S. 1173 be (1) UPGRADING.—Each portion of the seg- peating every time we manage a bill or read the third time and the bill be set ments described in subsection (a)(2) that are involved with a bill. Each of us aside upon receipt of the House com- does not substantially meet the Interstate knows how very hard and how diligent panion. I further ask consent that at System design standards under section 109(b) each of our staffs is. They don’t sleep that time the Senate proceed to the of title 23, United States Code, in effect on nights. They stay here all night long, House companion and all after the en- the date of enactment of this Act shall be and they work very aggressively and acting clause be stricken, the text of S. upgraded in accordance with plans and diligently, and they struggle home to schedules developed by the applicable State. sleep a little, and they get up in the 1173, as amended, be inserted in lieu (2) DESIGNATION.—Each portion of the seg- thereof, the bill be considered read the ments described in subsection (a)(2) that on morning, without complaint, and come third time, and passed, and the Senate the date of enactment of this Act does not back to work. They also work over insist on its amendment and request a meet the Interstate System design standards weekends. It is just incredible. conference with the House. Finally, I under section 109(b) of that title and does not I wish the American public could see ask consent that S. 1173 then be indefi- connect to a segment of the Interstate Sys- just how hard our staffs work for the nitely postponed and the foregoing tem shall— public good. I take my hat off to them. occur without any intervening action. (A) be designated as a future Interstate I believe, frankly, Mr. President, that a System route; and most noble human endeavor is public The PRESIDING OFFICER. Is there (B) become part of the Interstate System objection? at such time as the Secretary determines service, whether it is service to church, Mr. BAUCUS. Mr. President, reserv- that the portion of the segment— family, friends, whatever capacity each ing the right to object, I have now been (i) meets the Interstate System design person might feel most comfortable informed that Senator MOSELEY-BRAUN standards; and with. But our staffs’ dedication to the is on her way with an amendment, too. (ii) connects to another segment of the public service is above and beyond the I have no idea what it is. Interstate System. call of duty by far, and they don’t even Mr. WARNER. I simply amend the (c) TREATMENT OF ROUTES.— get any recognition for it. Senators UC to reflect two pending amendments, (1) MILEAGE LIMITATION.—The mileage of like to get headlines, like to be on TV; one from the Senator from Alabama the routes on the Interstate System des- they like to get credit for what they do and one from the Senator from Illinois. ignated under subsection (a) shall not be for the people in their home States and The PRESIDING OFFICER. Without charged against the limitation established to the country. But the staff, I say, by section 103(c)(2) of title 23, United States objection, it is so ordered. Code. work harder and get no headlines, no Mr. BOND addressed the Chair. (2) FEDERAL FINANCIAL RESPONSIBILITY.— recognition, no credit. Why are they Mr. WARNER. Will the Senator yield (A) IN GENERAL.—Subject to subparagraph doing it? They are doing it because briefly? (B), the designation of the routes on the they believe in service to our States Mr. BOND. Yes. Interstate System under subsection (a) shall and service to our Nation. They are AMENDMENT NO. 2014 TO AMENDMENT NO. 1676 not create increased Federal financial re- just tremendous. (Purpose: To designate certain segments of sponsibility with respect to the designated I would like to highlight my staff, be- corridors of the Appalachian development segments. cause I know each Senator will do his (B) USE OF CERTAIN FUNDS.—A State may highway system in Mississippi and Ala- own. bama as routes on the Interstate System) use funds available to the State under para- graphs (1)(C) and (3) of section 104(b) of title Tom Sliter is the minority staff di- Mr. WARNER. Mr. President, I send 23, United States Code, to eliminate sub- rector. Anybody that knows Tom to the desk, as stipulated in the unani- standard features of, and to resurface, re- Sliter knows there is none better. mous consent request just adopted, an store, rehabilitate, or reconstruct, any por- There are some as good, but there is amendment by the Senator from Ala- tion of the designated segments. none better than Tom Sliter for his bama, Mr. SESSIONS, and ask for its im- (3) ELIGIBILITY FOR OTHER FUNDING.—(A) dedication. And the same goes for ev- mediate consideration. This section shall not affect the amount of erybody else on the minority side. The PRESIDING OFFICER. The funding that a State shall be entitled to re- Kathy Ruffalo. Those who work with ceive under any other section of this Act or clerk will report. Kathy, try to clear amendments with The assistant legislative clerk read under any other law. ‘‘(B) EFFECT OF PROVISION.—Nothing in this Kathy, and go to Kathy for advice on as follows: section shall result in an increase in a how to work out this or that amend- The Senator from Virginia [Mr. WARNER], State’s estimated cost to complete the Appa- ment, also know there is nobody more for Mr. SESSIONS, proposes an amendment lachian development highway system or in of an expert on the transportation bill numbered 2014 to Amendment No. 1676. the amount of assistance that the State or the highway bill or who finds solu- Mr. WARNER. Mr. President, I ask shall be entitled to receive from the Appa- tions to problems more than Kathy. unanimous consent that reading of the lachian Development Highway System under Mr. WARNER. Mr. President, I must this Act or any other Act.’’. amendment be dispensed with. ask to join the Senator. Indeed, Kathy The PRESIDING OFFICER. Without Mr. WARNER. Mr. President, Sen- Ruffalo and Ann Loomis were at the objection, it is so ordered. ator SESSIONS is a member of the com- very inception on the subcommittee, The amendment is as follows: mittee. He has worked very hard on before it got up to the staff director At the end of subtitle H of title I, add the this bill, and the citizens of his State level. They have really worked to- following: should be aware of how hard he has gether as a team throughout. I cer- SEC. 18ll. DESIGNATION OF CORRIDORS IN MIS- SISSIPPI AND ALABAMA AS ROUTES worked on this bill, particularly this tainly join in that. She is a distin- ON THE INTERSTATE SYSTEM. amendment, which has taken 3 days of guished citizen of the State of Mon- (a) IN GENERAL.— negotiation to clear. tana, and she has weathered many S1834 CONGRESSIONAL RECORD — SENATE March 12, 1998 storms to be able to join in working Mr. BOND. Mr. President, I rise I am proud to have worked on this late at night on this bill. today to say what the distinguished measure, and I thank my colleagues, Mr. BAUCUS. That is true about the bill managers have already said, and and particularly their staffs who cooperation among our staffs. It is in- that is a sincere thank you to the worked so hard to bring us to this credible. It is a joy to behold, frankly, many people who made this bill pos- point. to see Ann Loomis and Kathy and Tom sible. But I want to say it again. It is I thank the Chair. I yield the floor. and Dan and Jimmie. We have a real appropriate that Chairman WARNER Mr. WARNER addressed the Chair. family here, I might say. As closely as and Senator BAUCUS express their ap- The PRESIDING OFFICER (Mr. we have worked together, it has been preciation, but I want to do so as well. HAGEL). The Senator from Virginia. done without rancor, without anger, Mr. President, highways and ISTEA Mr. WARNER. Mr. President, before without any testy feelings. It has been debates are not an academic debate the distinguished Senator from Mis- a tremendous, seamless web of team- from Missourians; they are more life souri departs the floor, I certainly work, and it has been wonderful. I and death matters. The State of Mis- want to refer to the early days in the mean that; I am not just saying it. souri has always been a leader in the consideration of this bill, and to the te- In addition, Mike Evans and Jo-Ellen area of transportation. One example is nacious manner in which he fought on Darcy, Barbara Roberts, and John that the first construction contract behalf of not only his State but other Hemphill have all worked just as hard. awarded under the Interstate Highway States that found themselves in simi- We may not see them much on the System some 40 years ago was for part lar disparity in terms of the allocation floor here, but behind the scenes they of I–70 near St. Charles, MO. But the of funds under the 1991 act. It is have worked extremely hard and intel- problem is that Missouri has been through his leadership that much of ligently. I have not worked that much shortchanged in the past. Missouri has the achievement of equity in this bill with Ann Loomis until recently. She is been a donor State putting in more has been reached. And I just want to a wonderful woman, a very talented than a dollar for every dollar they get personally thank him. back. young lady. When Senator WARNER got Mr. BOND. Mr. President, I say that This final bill that has been crafted up to speak on behalf of Ann, I the leadership of the chairman of the through a great deal of work is ‘‘rough thought, that’s right, she is really subcommittee is something for which justice’’ and demonstrates that reason- we are all grateful. He helped donor good. The same is true with her coun- able people with passionate differences terpart, Kathy Ruffalo. They are a dy- States that were being shortchanged to can reach compromise. My State of come up to a much fairer level. It real- namo team. If you want to get two peo- Missouri stands to gain $1.2 billion— ple working on a project and you want ly makes a difference when you have a that is not ‘‘million’’; that is ‘‘billion’’ leader like Senator WARNER, who is to win, get the two of them working to- dollars—more over the next 6 years gether. working to assure fairness to assure than during the last 6 years to improve the goals that we all seek, and I am In addition, Dan Corbett of Senator highway safety and infrastructure. CHAFEE’s staff is an expert. Also, there deeply indebted to my good friend for That amounts to a 50-percent increase the work that he has done not just for is Cheryl Tucker, Linda Jordan, and to Missouri for Missouri’s essential Amy Dunathan. I don’t know her, but I Virginia, but for many States and for transportation infrastructure. everybody in America. have heard of her, and she is good. I have worked long and hard on this Also, Abigail Kinnison of Senator I thank my distinguished colleague. bill with my distinguished friends and Mr. WARNER. Mr. President, I thank CHAFEE’s staff. Jimmie Powell did a colleagues on the Environment and terrific job as majority staff director. my colleague. Public Works Committee. The underly- Mr. President, I suggest the absence Secretary Slater has been helpful, ing bill that the committee reported along with Jack Basso, who has been of a quorum. addresses the priorities I have had all The PRESIDING OFFICER. The here to answer questions relating to along—increased funding overall, in- the Department of Transportation. He clerk will call the roll. creased funding for the State of Mis- The assistant legislative clerk pro- is always available and helpful. souri, fairness, and flexibility. In my State of Montana, Sandy ceeded to call the roll. I express my sincerest thanks to Ms. MOSELEY-BRAUN. Mr. Presi- Straehl, who is with the Montana De- Chairman CHAFEE, Chairman WARNER, dent, I ask unanimous consent that the partment of Transportation, has been Senator BAUCUS, and to all members of order for the quorum call be rescinded. terrific in working up data, amend- the committee for their assistance on The PRESIDING OFFICER. Without ments, and ways to help improve this things like my wetlands mitigation objection, it is so ordered. bill. They worked very hard on this amendment, the triple-trailer amend- Ms. MOSELEY-BRAUN addressed the bill. I thank them very much. ment, and especially the amendments Chair. In addition, Janine Johnson, with the that we put in with respect to bridges, The PRESIDING OFFICER. The Sen- Senate legislative counsel. It is pretty which are vitally important to my ator from Illinois. hard, when you are working for the leg- State. I look forward to the House AMENDMENT NO. 2015 TO AMENDMENT NO. 1676 islative counsel and putting up with passing the bill so we can get to con- (Purpose: To increase funding for the Rail- urgent, immediate requests of Senators ference and send to the President a way-Highway Crossing Hazard Elimination and staffs, to try to write legislation, transportation bill that will take us Program) write amendments in a way that makes into the 21st century. Ms. MOSELEY-BRAUN. Mr. Presi- sense, to advance the issues we are try- I would like to offer my own special dent, I send an amendment to the desk. ing to proceed with. Janine Johnson thanks, among others, to the fine peo- The PRESIDING OFFICER. The has been terrific. ple who were mentioned. I need to men- clerk will report. There is also Ellen Stein with Sen- tion my assistant, Tracy Henke, who The assistant legislative clerk read ator WARNER’s office. Ellen has been worked I don’t know how many hun- as follows: dreds of hours per week and over the working as hard as Ann and the rest of The Senator from Illinois (Ms. MOSELEY- them. I could go on forever, but I see weeks on this bill, and prior to that BRAUN) proposes an amendment numbered Senators who wish to speak. I can’t time. I express my thanks to Jimmie 2015. speak enough about the staff. They Powell, to Dan Corbett, to Ann Ms. MOSELEY-BRAUN. Mr. Presi- have been first-rate. Loomis, Cathy Ruffalo, Ellen Stein, dent, I ask unanimous consent that Mr. WARNER. Janine Johnson Tom Sliter, and Abigail Kinnison. As reading of the amendment be dispensed worked tirelessly, hour after hour, to has already been said, these people put with. see that our hand-scribbled notes were in untold hours, and they did what I The PRESIDING OFFICER. Without transitioned into legislative language. think is a good job. It is a job that objection, it is so ordered. Mr. BAUCUS. Mr. President, I yield makes nobody perfectly happy. But it The amendment is as follows: the floor. is a job that lays the foundation for the On page 220, after line 23, insert the follow- Mr. BOND addressed the Chair. kind of transportation system that we ing: The PRESIDING OFFICER. The Sen- need to have in this Nation for the 21st ‘‘(E) AUTHORIZATION OF APPROPRIATIONS.— ator from Missouri. century. There is authorized to be appropriated March 12, 1998 CONGRESSIONAL RECORD — SENATE S1835 $45,000,000 in each of fiscal years 1998 through the understanding that it is amended viously, the total spending is one of the 2003 to carry out this subsection.’’ down at the lower amounts. issues. Obviously, the formula for dis- Ms. MOSELEY-BRAUN. Mr. Presi- Ms. MOSELEY-BRAUN. Of course. I tribution is one of the issues. Each of dent, this is an amendment authorizing do understand that. us have differences. Some of us have $45 million annually across the country Mr. BAUCUS. It is a needed program, lots of miles and not many people; for railway crossing improvements particularly for high-speed rail cross- some of us have lots of public lands, that are necessary in high-speed rail ings. and so on. So it is most difficult. corridors across the country. High- I must say to the Senator that it is I simply want to congratulate the speed rail, of course, is the future of very important to address hazardous chairman of the subcommittee and the passenger rail in America, and it holds high-speed rail problems. It is also a ranking member, as well as the chair- great promise for our country. problem, because tragically 2 days ago man and ranking member of the com- One high-speed rail network is under there was a bus accident at a rail cross- mittee, and urge that we get on with it. development right now in the Midwest ing in my State of Montana where two Our States are waiting to be assured of that will connect Chicago with St. schoolchildren were killed. It is dev- the funds they will have, particularly Louis, Milwaukee, Detroit, and pos- astating, as you might guess, to the in our northern States where the con- families and to the school. It is a small sibly even Minneapolis and Cincinnati. tracting season and the construction school in central Montana. When we There are a number of corridors under season is relatively short. write this bill, we need to make sure development throughout the country— All of us have properly given some that we address hazardous rail cross- in Florida, in California, the Pacific credit to our staff. Each of us had a ings across the country, as well as Northwest, North Carolina, and in New staff person. I had a young man named York. There are proposed high-speed high-speed also. Ms. MOSELEY-BRAUN. I think that Chris Jahn, who did an excellent job rail corridors in Ohio, Georgia, and is right. not only working with the committee other States as well. Again, as the ranking member is but with our State transportation de- Perhaps the greatest challenge im- aware, I talked about how Illinois is a partment, and I am proud of what he peding the development of high-speed hub State for transportation generally. did. rail are problems and issues at rail We are a hub State for rail have among So, Mr. President, I certainly add my crossings. When trains begin to exceed the highest numbers of rail crossings in congratulations and urge that we get speeds of 110 or 125 miles an hour, grade the country. So we have so much more this bill out of the Congress to the crossings that might otherwise be safe of this. We have so many more rail President as soon as we possibly can. are made unsafe. The possibility for a crossings that in the development of I yield the floor. tragedy increases incrementally. the high-speed rail—which everyone Mr. WARNER. Mr. President, I wish We had a terrible tragedy a couple of wants to see because it is the future of to thank the Senator for his com- years ago outside of Chicago. A school rail transportation and rail transit in ments, but more importantly his par- bus was struck by a train in Fox River the country—I think we need not be ticipation. He is a member of the Envi- Grove, Illinois, and seven children died. unmindful. We need to be mindful, and ronment and Public Works Committee, It was a terrible tragedy. That is the focus in on safety. and has played a very active role type of accident that we ought to do I am grateful to the leaders on this throughout the formulation of this leg- everything we possibly can do to pre- legislation for their consideration of islation, and always with a very gentle vent. It should never have happened. this matter. but firm hand saying, ‘‘I am watching Again, with trains going at speeds of Mr. WARNER. Mr. President, if I for Wyoming.’’ And that he did. We are 110 and 125 miles an hour, the likeli- might say, another Senator, I have just very proud of that. I do hope this bill is hood of a tragedy like this happening, been informed, had a similar amend- received in his State as it will be, I unfortunately, increases incremen- ment. We are now checking with his of- hope, in other States, as truly an ac- tally. fice to determine whether or not he de- complishment. This amendment will authorize an sires to go on, given that we were not I thank the Senator. additional $45 million annually for the able to accept his amendment in the I suggest the absence of a quorum. improvement of railroad highway form that it was presented to the com- The PRESIDING OFFICER. The crossings on high-speed rail corridors. mittee. The funds will not come out of any clerk will call the roll. Ms. MOSELEY-BRAUN. If I may, I The assistant legislative clerk pro- other program. They will not come out hope that Member can be added as a co- of any one’s highway or transit pro- ceeded to call the roll. sponsor. I don’t know who it is. If he is Mr. WARNER. Mr. President, I ask gram. It is simply an authorization of so willing, we would be happy to have additional funds for improving safety unanimous consent that the order for the support. the quorum call be rescinded. at rail crossings. I thank the Senator. I thank the The PRESIDING OFFICER. Without I urge my colleagues to support this Chair. amendment. Mr. THOMAS addressed the Chair. objection, it is so ordered. Mr. WARNER addressed the Chair. The PRESIDING OFFICER. The Sen- Mr. WARNER. Mr. President, the The PRESIDING OFFICER. The Sen- ator from Wyoming. chairman, Mr. CHAFEE, when the time ator from Virginia. Mr. THOMAS. Mr. President, I sim- came to develop this legislation, re- Mr. WARNER. Mr. President, we ply want to rise to join in the con- posed his full trust and confidence in know this amendment has just come to gratulation of the leadership of this the subcommittee to draw up a bill. us, and the distinguished ranking bill. It has been a pleasure for me to And that we did. And, indeed, that bill, member, Mr. BAUCUS, is now in con- serve on this committee and on this with the exception of the additional sultation with the proponent. It seems subcommittee, and to see us coming fi- money, remained intact throughout to me that the amendment is accept- nally to closure on a bill that I suspect this deliberation. able and that this is a matter that de- is one of the most important that we I want to pay special tribute to the serves the meritorious consideration of will deal with in the next several years. members of that subcommittee who the committee now and eventually in It is certainly one of the most conten- worked with me and Senator BAUCUS, conference. tious, because it is one in which each of the ranking member, through the pe- Ms. MOSELEY-BRAUN. I thank my us seeks to satisfy our own needs, one riod of a year’s time. Many of them colleague, and I am grateful for his in which we finally have to come to traveled with us when we went to var- consideration of this safety matter. I some accommodation for the different ious places in the United States. That know it is a matter of great concern to kinds of needs we have, and certainly is Mr. SMITH; Mr. KEMPTHORNE; Mr. him, and the ranking member as well. no one is ever going to be perfectly sat- BOND; Mr. INHOFE; and Mr. THOMAS, I thank them both very much for con- isfied. But I think we have come to a who just spoke; Mr. MOYNIHAN; Mr. sidering this issue. very successful conclusion in this bill. REID; Mr. GRAHAM; and Mrs. BOXER. Mr. BAUCUS. Mr. President, I appre- I hope that we can maintain basi- As I said earlier, Mr. GRAHAM of Flor- ciate what the Senator said, but with cally the formulas that we struck. Ob- ida worked with me on STEP 21, which S1836 CONGRESSIONAL RECORD — SENATE March 12, 1998 was the foundation group that we even- States. Then, obviously, some of the MOSELEY-BRAUN. I also understand tually went into partnership with on Western States with public lands, some that Senator FAIRCLOTH would like to Stars 2000, under the leadership of Mr. of the Indian roads. I compliment the be added as a cosponsor. BAUCUS. So I want to pay special trib- Senators who worked very hard for The PRESIDING OFFICER. Without ute to each of these individuals who their own States and who worked with objection it is so ordered. worked so hard on this bill. I yield the the Senate to get a balance. One who Mr. WARNER. The Senator is cor- floor. comes to mind is Senator LEVIN, and rect. Senator FAIRCLOTH had a very The PRESIDING OFFICER. The Sen- Senator ABRAHAM from Michigan. similar amendment, which at that time ator from Montana. Mr. WARNER. Tell us. we felt we could not accept. In every Mr. BAUCUS. Mr. President, I want Mr. BAUCUS. They are very tena- respect he is a full cosponsor of the ef- to pay a special tribute to the Senator cious in pressing for their States’ best forts reflected in the amendment of the who just spoke, Senator WARNER of interests. Senator from Illinois. It has now been Virginia. This is the first opportunity I Mr. WARNER. Bulldogs. amended to be an amount not to exceed have had to work closely with the Sen- Mr. BAUCUS. My colleague says $15 million. ator from Virginia. When you work on ‘‘bulldogs.’’ They are bulldogs. But Mr. BAUCUS. That is correct. But a major bill like this, you get to learn they are, if possible—I am sure bulldog there is another exception making sure a lot about the person you are working owners will think it’s possible—fair it’s not contract authority but author- with. I want to just tell the Senator bulldogs, once they charge ahead. izing language. how much I appreciate his grace, style, Mr. WARNER. Let’s add the Gov- Mr. WARNER. That is correct. honesty, dedication, efficiency in get- ernor from that State. Mr. BAUCUS. Mr. President, I have ting the job done, cooperation, making Mr. BAUCUS. The Governor of Michi- the changes in the amendment. I send sure we touch all the bases, making gan, to say nothing of the Governors them to the desk. sure we talk to the leader about this, from some other States—Massachu- The PRESIDING OFFICER. Without better talk to the chairman about this setts, for example. I thank Senators objection, the amendment will be so and the ranking member of the Appro- KENNEDY and KERRY for their hard modified. priations Committee, too; making sure work for their State, along with Sen- The amendment (No. 2015), as modi- all the bases are touched so we get a ator LAUTENBERG from New Jersey and fied, is as follows: the Connecticut Senators. Senator On page 220, after line 23, insert the follow- balanced, fair bill, one that is fair to ing: everybody not only in the letter of the MOYNIHAN, who in many ways is the fa- ‘‘(E)(1) AUTHORIZATION OF APPROPRIA- law but the spirit of it. ther of this bill, helped make sure TIONS.—There is authorized to be appro- Senator, you have done a great job there was a Northeast balance to the priated $15,000,000 in each of fiscal years 1998 and I want to thank you for that. bill. And many other western Senators through 2003 to carry out this subsection. Mr. WARNER. Mr. President, I thank came to me and said, let’s make sure ‘‘(2) AVAILABILITY.—Notwithstanding sec- my colleague, but I also thank him for this is fair to the West. I mentioned tion 118(a), funds made available under para- the opportunity to learn. I remember the donor States. graph (1) shall not be available in advance of an annual appropriation.’’ one time we were in a hearing, I believe On our committee, I would like also Mr. BAUCUS. This is the amendment it was in Idaho, if I am correct in my to thank Senator BOXER—she has recollection. You and I were chairing it pressed California’s interests very that makes sure the $15 billion is not contract authority but is authoriza- with Senator KEMPTHORNE. You point- ably—Senator REID from Nevada; Sen- tion. I urge its adoption. ed out the technical problems in many ator LIEBERMAN; Senator LAUTENBERG, THE PRESIDING OFFICER. If there of the roads in the West, where they who I also mentioned; Senator GRAHAM be no further debate, the question is on have to traverse such long distances from Florida—he is tenacious in fight- agreeing to the amendment, as modi- and it is very expensive, given the ing for Florida’s interests, making sure, as a donor State it is not taken fied. weather; therefore, through the years The amendment (No. 2015), as modi- advantage of. But, again, it all came they have shortchanged the sides of the fied, was agreed to. road, the unpaved portions, and how together in a very fair way. Mr. WARNER. I move to reconsider It sounds kind of platitudinous, but that has contributed to a number of ac- and move to lay that motion on the it is true. These Senators worked ex- cidents. table. I just point out that one technical tremely hard for their States and at The motion to lay on the table was thing because throughout this bill it the same time, in the end, they worked agreed to. has been a great learning process on together to make sure we would get a AMENDMENT NO. 2005, AS FURTHER MODIFIED very strong bill. That is quite an the particular needs of the individual Mr. WARNER. Mr. President, I ask achievement, frankly, as we move on States as they relate to their geo- unanimous consent the Gramm amend- to the next century, the next millen- graphical locations, temperatures and ment No. 2005 be modified to be a first- nium. We are passing a major infra- weather conditions that they have. The degree amendment with the changes structure bill—major. Every $1 billion Senator fought tenaciously for the that are now with the clerk. West. Now he goes in to meet his great- of highway spending accounts for about The PRESIDING OFFICER. Without est challenge in the House where there 42,000 jobs. This bill is about $171 bil- objection, it is so ordered. are far fewer Members of the House of lion, roughly, over 6 years. When we The amendment (No. 2005), as further Representatives representing the West. finish with the House, it perhaps could modified, is as follows: I know that the West can count on the be a few more dollars. Strike pages 98 and 99 and insert the fol- Senator for upholding their position in Also, just in terms of making sure lowing: this bill, which he has fought for and our highways are as up-to-date as pos- (2) SELECTION OF STATES, METROPOLITAN achieved, together with Senator KEMP- sible, as any businessman knows, the PLANNING ORGANIZATIONS, AND PROJECTS TO RECEIVE GRANTS.—Notwithstanding any THORNE, who I think was a partner in better the condition of our roads and highways, the less congestion there is, other provision of this Act, in selecting this endeavor. I thank the Senator for States, metropolitan planning organizations, his kind comments but also for a learn- the more money he is going to make, and projects to receive grants under sub- ing curve that taught me a lot about the more that helps his bottom line. section 1116(d), the Secretary shall con- things, like the shoulders of the road. This is going to help us be competitive sider— Now this bears on your shoulders, to in the next century. (A) the extent to which the annual volume protect them in the West. Again, I thank Senators for their of commercial vehicle traffic at the border Mr. BAUCUS. It is also true you great work. stations or ports of entry of each State— learn what a mosaic this country is AMENDMENT NO. 2015, AS MODIFIED (i) has increased since the date of enact- and how each State’s needs are unique. Mr. BAUCUS. Mr. President, I am ad- ment of the North American Free Trade Agreement Implementation Act (Public Law The New England States, for example, vised we need to make a technical ad- 103–182); and the Northeast States, have definite justment to an amendment just of- (ii) is projected to increase in the future; needs, obviously, with relation to the fered, which has been agreed to, an (B) the extent to which commercial vehicle population density; relative donor amendment offered by Senator traffic in each State— March 12, 1998 CONGRESSIONAL RECORD — SENATE S1837 (i) has increased since the date of enact- American body politic when he created often this area resembles a parking lot ment of the North American Free Trade the Interstate system following World rather than a main thoroughfare. Traf- Agreement Implementation Act (Public Law War II. fic is so bad that normally courteous 103–182); and My constituents in New Mexico have drivers often become frustrated and (ii) is projected to increase in the future; (C) the extent of border or ports of entry indicated their biggest concern is succumb to ‘‘road rage;’’ jockeying for transportation improvements carried out by roads. position, cutting each other off, and each State since the date of enactment of Bad roads constitute 43% of the New making single-finger salutes. that Act; Mexico road system, placing us, Mr. A recent Albuquerque Journal article (D) the extent to which international Chairman, behind only Rhode Island in suggests that motorists in New Mexi- truck-borne commodities move through each the highest percentage of bad roads in co’s largest city may begin to refer to State; the Country. Driving on roads riddled 1998 as the year of the orange barrel. (E) the reduction in commercial and other with potholes, bumps, buckles and However, the city of Albuquerque, as travel time through a major international cracks costs New Mexico motorists $281 gateway expected as a result of the proposed well as the nation, will benefit from project; including the level of traffic delays million a year just in additional me- the long-awaited improvements to this at at-grade highway crossings of major rail chanic’s repair bills and operating vital crossroad. lines in trade corridors; costs. Congestion and traffic have contrib- (F) the extent of leveraging of Federal Highway improvements are urgently uted to the ‘‘brown cloud’’ in Albuquer- funds provided under this subsection, includ- needed in New Mexico, and this agree- que from carbon monoxide. The $6.6 ing— ment will assure us of substantial in- million provided to New Mexico annu- (i) use of innovative financing; creases for that work over next 6 years. ally in the Congestion Mitigation Air (ii) combination with funding provided Should the current version of this bill Quality portion of this bill will con- under other sections of this Act and title 23, United States Code; and pass, New Mexico would receive more tinue the programs which have allowed (iii) combination with other sources of than $1.5 billion for road construction Albuquerque to become the first U.S. Federal, State, local, or private funding; in- and maintenance funds over the next city to emerge from non-compliance cluding State, local and private matching six years—a 48% increase. with air quality standards. fund; Financing highway construction and It may seem unusual to some that a (G) improvements in vehicle and highway related activities creates jobs. Almost Senator from New Mexico helped pro- safety and cargo security in and through the 10 million workers, a full seven percent tect mass transit dollars in this road gateway concerned; of the civilian workforce, are employed bill. However, New Mexico will benefit (H) the degree of demonstrated coordina- in transportation and related indus- from these funds in the development of tion with Federal inspection agencies; (I) the extent to which the innovative and tries. Each $1 billion in new federal transit systems in, as well as between, problem solving techniques of the proposed highway investment nationwide gen- her larger cities. Even the smaller city project would be applicable to other border erates an additional 439 full-time jobs of Roswell as contributed to mass tran- stations or ports of entry; in my state of New Mexico. sit technology. The NovaBus Corpora- (J) demonstrated local commitment to im- Repairing the national transpor- tion has designed efficient busses plement and sustain continuing comprehen- tation system will increase productiv- which have been utilized in metropoli- sive border planning processes and improve- ity in all sectors of the economy. The tan areas like New York City. New ment programs; and goal of this legislation is the efficient Mexico has lots to offer our nation’s (K) the value of the cargo carried by com- mercial vehicle traffic, to the extent that and safe transportation of goods and transportation needs. the value of the cargo and congestion impose people. We have agreed to spend all in- New Mexico is the fifth largest state, economic costs on the nation’s economy. coming gas taxes on highways, so New comprising nearly 3.5% of the land area Mr. DOMENICI. Mr. President, I Mexicans can be sure they are getting of the United States, yet it ranks only would like to take this opportunity to their money’s worth at the pump. We 36th in population. However, New Mex- commend the many Senators whose co- have encountered some potholes on ico is also one of the fastest growing operative efforts have brought this this road of reaching an agreement states in the Union, and its traffic vol- vital legislation to the Senate floor. I consistent with the balanced budget ume has tripled in the last ten years. personally wish to thank the distin- agreement. But make no mistake, Heavy 18 wheelers moving goods pass guished Environment and Public Works throughout negotiations, PETE DOMEN- through New Mexico, between manu- Committee Chairman JOHN CHAFEE of ICI has been for building roads in New facturing and population centers in Rhode Island for his work in helping Mexico. Texas and California. We don’t directly negotiate the deal to increase highway The New Mexico Legislature recently benefit from the majority of this traf- funding while maintaining the bal- approved, and Governor Johnson fic, but it does tear up our roads. anced budget agreement reached last signed, a $1.1 billion highway funding As I have been recently reminded, al- year. When I entered the Senate in 1973 package that depends on federal dollars most 27 million acres of my fair state, until 1987, I served on the Environment from this legislation to complete approximately 1⁄3 of its land area, is and Public Works Committee. I know projects in the state. For the first time owned by the federal government, with the history and evolution of highway in history, every community in New more held in trust for the many native programs in this country. We are, Mr. Mexico with a population over 15,000 Americans within its borders. As this President, a country on wheels. will be served by a four lane highway nation’s Interstate highway ages, re- I know the importance of highways connected to the interstate highway paving and maintenance is endless. to our economy. Every dollar invested system. For example, Highway 44 be- Major reconstruction is necessary, in the highway system yields $2.60 in tween Bernalillo and Bloomfield, one of which is the state’s responsibility. New economic benefits to the nation. A the most dangerous stretches of road in Mexico maintains highway systems transportation system that works the country, will be widened to 4 lanes through those lands, while having no without traffic jams, and efficiently with the arrival of these additional fed- tax base to recover any costs. moves goods across town or across the eral dollars. I am pleased this bill includes an ad- state, is an important asset for eco- After waiting for more than 25 years, ditional $250 million for roadway im- nomic development. Good roads lower New Mexico will finally be able to com- provements on public lands throughout the price consumers pay for food, plete improvements to highway 70; a the nation. Perhaps the National Park clothing and other goods. Lower prices vital link on the Eastern side of the Service will improve the roads within can increase disposable income, attract state connecting the mountainous the Chaco Culture National Historic new business and new jobs to an area. community of Ruidoso to Roswell and Park so that visitors from around the The highway system is the economic Portales. country will be able to share in its lifeblood of our nation, and of my home What we in New Mexico affection- splendor. state of New Mexico. Good roads get us ately refer to as ‘‘the Big I’’—the inter- New Mexico also shares 175 miles of where we need to go, on time and safe- section of Interstates 25 and 40 which its border with Mexico. Our state has ly. President Eisenhower recognized bisects the state in Albuquerque—is in welcomed the increased economic ac- that roadways are the arteries of desperate need of improvement. Too tivity associated with the passage of S1838 CONGRESSIONAL RECORD — SENATE March 12, 1998 NAFTA, but the nation must also real- many is to get where you want to go as the poverty line; and unemployment ize the increased traffic and cost to easily as possible, and in your own car. averages 37%. road infrastructure which has followed. Frankly, I believe that is as much a ISTEA has already helped tremen- I am pleased that this bill includes $450 part of the good life in America as any- dously to increase the accessibility of million for states to meet NAFTA -re- thing else. Indian people, but much remains to be lated road needs. I am also pleased my But while we have been taking high- done. amendment which amends the Trade way money and spending it on other We can help accelerate the move- corridor and Border Crossing planning projects, congestion grows. While we ment of Indian people into mainstream program was approved. are all interested in mass transit and economic activities by improving their This amendment allows the Sec- transportation technology, it is obvi- accessibility to better markets and retary of Transportation to consider ous that you have to spend money on better tourism opportunities. the projected increase in commercial bricks, mortar, cement, and the like, ISTEA II, S. 1173, now authorizes a traffic when selecting recipients of bor- to improve the roadway system. grand total of $173 billion for all pro- der grants. The current provisions di- New Mexicans are going to be very grams over the six year life of the bill. rect the Secretary of Transportation to pleased when this bill clears the House This is a nominal increase of about 43 only consider current and past traffic and goes to the President, because our percent. when allocating funds under this pro- State is going to be able to take care of As passed by the Senate, S. 1173 funds gram. Many border facilities, including many projects that have been long de- the Indian Reservations Roads Pro- Santa Teresa in New Mexico, have layed. We will try to make improve- gram at $200 million for 1998 and $250 opened since the passage of NAFTA. ments to the interstate in our largest million per year for each of the follow- This amendment will enable the Sec- city to relieve congestion. A city of ing five years of the bill, from 1999 retary to consider the future growth of 750,000 should not be so congested. through 2003. There are many aspects of this bill commercial traffic at ports when I am pleased that the Committee on that are going to help New Mexico. awarding grant requests. Environment and Public Works has in- I, along with the other Senator from Many of roads on Indian lands are im- cluded $9 million annually (within the New Mexico, also offered amendments passable in winter months. Only in the total $250 million) to allot to the repair last 16 years have we been allocating which enable the Department of Trans- and construction of Indian bridges. federal funds to improve these roads, portation to benefit from the expertise The Domenici-Inouye-Bingaman and this bill increases that funding by of our nation’s federal laboratories in amendment, as accepted by the Com- $50 million to $250 million annually. mittee will add a total of $250 million solving transportation needs. In utiliz- Our legislature has cooperated with over five years. ing existing laboratory capability our Governor, and they have a series of Our amendment brings the six year where appropriate, we can ensure past major projects that are going to be total IRR funds up to $1.450 billion taxpayer investment will earn divi- funded out of the highway program in, from the current $1.200 billion prior to dends long into the future. Our amend- indeed, new and innovative ways, with the Domenici amendment. ments encourage cooperation and in- long-term bonds and financing, if and While our original IRR bill, S. 437, in- formation exchange within the federal when this bill becomes law. I look for- cluded road maintenance as an eligible system in development of transpor- ward to that. tation technology. We should, where I have already commented how this activity, this amendment does not in- we can, avail ourselves of the excep- highway money is needed in the State clude road maintenance. We expect the tional talent already available in our of New Mexico. I will conclude by say- BIA to continue to fund its road main- federal laboratories. ing that when we have an economy as tenance program, hopefully at higher I encourage the prompt passage of robust as ours is today, it is not time levels than $25 million per year. ISTEA II in the Senate, so that the to let up on road building. Our econ- The Indian Reservation Road Pro- House of Representatives will quickly omy lives on the highways and byways gram is directed to about 22,000 miles address the country’s transportation of America. The more congestion, the of BIA roads serving Indian lands. needs and construction can continue less efficient, the less effective we are. There is a total road mileage, counting without delay. New Mexico is a large Moving business efficiently and effec- BIA, state, federal, tribal, and county state with a small population, many tively the length and breadth of this roads, of about 50,000 miles on our na- citizens are isolated without adequate nation, will ensure the American econ- tion’s Indian lands. The BIA is directly roads. Contract authority provided by omy continuing its rather tremendous responsible for about 44% of this total this legislation is needed to continue competitive advantage in the world. road system serving Indian tribes. federal road and transit construction From the smallest town that needs About 5% are tribal roads and the and maintenance throughout the coun- its roads improved to the very big issue other half are other federal roads and try. Major construction season is about of how this Nation remains competi- state and county roads. to commence; states need their high- tive—I feel that passage of this bill is Within the BIA road system, 22,000 way funds. as important as anything else we do in miles of roads, only 11% of the paved I urge prompt passage of this impor- the next 4 or 5 years. roads are rated as being in good condi- tant bill. INCREASING THE ALLOCATIONS TO INDIAN tion. Of the unpaved roads, 90% are Mr. President, again, let me thank RESERVATION ROADS known to be in poor condition. None of all the Senators who have worked to- Most Indians today still live in pov- the BIA unpaved roads are rated as gether to get this bill moving on the erty. This is reflected in a per capita being in good condition. Senate floor. In addition to the distin- income figure that is one-sixth to one- Since 1982, the Highway Trust Fund guished chairman CHAFEE, I thank Sen- fifth the national average for the 10 has been the primary source of funds ator BYRD and Senator PHIL GRAMM, largest Indian reservations. In simplest for the design and construction of BIA who originally brought up the idea try- terms, most reservation Indians have roads serving Indian tribes. In the mid- ing to spend as much of the 4.3 cents as one dollar of income for every five dol- 1980’s this funding was about $100 mil- had been transferred to the trust fund lars of income available to average lion per year; it fell to about $80 mil- as possible, consistent with the caps we Americans. lion per year in the late-1980’s; and have heretofore agreed upon in the bal- On the Papago reservation in Ari- with the advent of ISTEA I, Indian anced budget. zona, the per capita income is $3,113 Reservation Roads have been funded at During the 14 years I served on the compared to $18,325 for all Americans $191 million per year. Environment and Public Works Com- (1990 Census). At Zuni Pueblo, the per Now that Welfare Reform is a reality, mittee I learned that there is nothing capita income is $3,904 and at that Nav- it is more imperative than ever to help more important to the American peo- ajo reservation it is $3,735. These fig- create Indian reservation-based em- ple and the people of my State than the ures have changed only slightly since ployment opportunities. ISTEA fund- roads they drive every day of their the 1990 Census. ing has become the primary source of lives. Many Americans work miles Fifty-one percent of American Indi- road planning and construction in In- from where they live. Freedom to ans residing on reservations live below dian Country. March 12, 1998 CONGRESSIONAL RECORD — SENATE S1839

In addition to direct employment op- with the Federal Highway Administra- Senator CHAFFEE and Ranking Member portunities, ISTEA funds provide an es- tion (FHWA), is the State and commu- Senator BAUCUS for their superb lead- sential component of community infra- nity highway safety grant program, ership on this bill as well as Senators structure development. As observed in commonly referred to by its US Code WARNER and BYRD for their input and the Committee Report on S. 1173, provision as the ‘‘Section 402’’ pro- guidance to insure that my efforts on Transportation provides the links between gram. The major goal of the Section behalf of Elbert and Hart Counties in businesses, industries and consumers. The 402 Program is to provide Federal lead- Georgia were able to come to fruition. national economic benefits of a healthy and ership, encouragement and technical I also wish to commend Georgia Gov- reliable Federal investment in transpor- assistance to States and communities ernor Zell Miller for his role in bring- tation infrastructure are well documented. in their effort to develop and imple- ing this matter to my attention. The ability of new businesses to arise ment the most effective highway safety As you know, my amendment will in Indian Country is seriously hindered programs to reduce traffic crashes and allow Elbert and Hart counties to gain by the current state of their road sys- resulting deaths, injuries, and property membership in the Appalachian Re- tem. Health and education indicators damage. Section 402 funds are provided gional Commission (ARC). I am ex- are also well below national averages. to all States, territories, the District tremely proud to be able to help the Today’s Senate action to increase the of Columbia, and the Secretary of the fine Georgians who reside in Elbert and Indian Reservation Road program by Interior on behalf of Indian Reserva- Hart Counties to join the region served $50 million per year will add signifi- tions. At least 40 percent of these funds by the ARC. Back when the Appalach- cantly to improving the accessibility are used for local and community ian Regional Commission was estab- of Indian reservations to the benefits of projects with the remainder going to lished in 1965, these two counties were our national economy. the State. geographically eligible to be included, On the Navajo reservation, annual Last week, the Commerce Commit- but the local leadership at the time de- funding is likely to increase from tee’s safety amendment to S. 1173 was about $55 million to over $65 million. clined to do so. adopted by unanimous consent. That Well, here we are, over 30 years later, On Pueblo lands in New Mexico, fund- amendment acknowledges the impor- and the people of Elbert and Hart ing will increase from about $12 million tant functions of NHTSA and author- Counties have been given what we all to $15 million. izes funding for the agency’s many pro- need in life, ‘‘a second chance.’’ The I am pleased that the full Senate pre- grams for six years. Unfortunately, due economic and educational assistance served this important funding increase to budget considerations, the author- provided by the valuable programs of for Indian reservation roads to $250 ization levels included in the Com- the Appalachian Regional Commission million per year, from $200 million per merce Committee’s amendments for will be extremely valuable for the year, as originally proposed by the En- NHTSA’s highway safety programs, as fourty-thousand or so people who re- vironment and Public Works Commit- well as programs under the Office of side in Elbert and Hart Counties in tee, and from $191 million per year Motor Carriers, fall short of meeting their efforts to better their economies under current law. agency needs forecast for the next six Another significant change in this years. and their communities. legislation is the national priority sys- Mr. President, I want to ensure there I, along with those Georgians of El- tem for Indian reservation bridges. is no question about the Committee’s bert and Hart Counties, would like to Rather than allocate a small percent- commitment to transportation safety. thank my Senate colleagues for their age of bridge funds from each of the While many of us wish we could have wisdom and generosity in providing for fifty states for use within those states, authorized funding at the levels re- successful passage of this amendment. we now have a single national Indian quested by the Administration, the ALAMEDA CORRIDOR-EAST PROJECT IN THE SAN bridge program that will target the Committee had to also acknowledge GABRIEL VALLEY OF CALIFORNIA most deficient bridges for early repair the budget agreement entered into last Mrs. BOXER. Mr. President, before or replacement. year. Accordingly, the levels author- we bring to a close this reauthorization I thank Chairman CHAFEE and Rank- ized for NHTSA and all of the other of the Intermodal Surface Transpor- ing Member BAUCUS for their assist- safety programs authorized under our tation Act, I’m pleased to draw the at- ance in adding significant funding for amendment reflect that budget agree- tention of the Senate to an outstand- the Indian Reservation Road Program ment. ing trade corridor project in my home and creating a simpler Indian bridge I am well aware additional funds are state of California. program. needed to meet NHTSA’s goals on such The Senate may remember that, in NHTSA FUNDING vital programs as safety belt use and 1996, I worked with the state of Califor- Mr. McCAIN. Mr. President, I would drunk driving prevention. As Chairman nia and the California delegation to like to take a moment to recognize the of the authorizing committee, I stand achieve funding for the Alameda Cor- very important role of the National ready to increase the funding levels ridor, a major trade corridor to move Highway Transportation Safety Ad- should an agreement be reached with the thousands of box cars a day un- ministration (NHTSA) and its immense the Budget Committee and other perti- loaded at the Ports of Long Beach and contributions to promoting transpor- nent Committees to enable a higher au- Los Angeles through southern Los An- tation safety throughout our nation. I thorization level for NHTSA, as well as geles County to Redondo Junction. would particularly like to commend other agencies’ safety programs. From there, the railroads move the Dr. Ricardo Martinez, Administrator of While we have not found a way to in- cargo east to virtually every state in NHTSA, for his strong leadership in crease the funding at this time, I will the Union. While I’m very pleased that highway safety over these past several continue working on this during con- we were able to arrange a private pub- years. ference consideration. I will do all I lic partnership to fund the Alameda Since 1992, seat belts, child safety can during conference deliberations to Corridor, I must point out that further seats, motorcycle helmets, and the age seek higher authorizing levels for work must be done to relieve the con- 21 minimum drinking age laws have transportation safety. gestion east of the Alameda Corridor. saved over 40,000 lives. Thanks in large AMENDMENT NO. 1977 As the trains are loaded at Redondo part to NHTSA, the nation also has Mr. CLELAND. Mr. President, I Junction, they head east, going made great progress in reducing the would like to take a minute to address through a very heavily populated area motor vehicle fatality rate. In 1966, a Senate action which took place yes- known as the San Gabriel Valley. In when the highway safety statute terday on March 11, 1998, specifically this 35-mile corridor, there are 79 high- NHTSA administers was enacted, the the passage of my amendment number way rail grade crossings located along nation’s motor vehicle fatality rate 1977 to the bill S.1173 which involves the Union Pacific and former Southern stood at 5.5 deaths per hundred million the addition of Elbert and Hart Coun- Pacific main lines between downtown vehicle miles traveled. Today it stands ties, Georgia to the Appalachian Re- Los Angeles and the City of Pomona. at 1.7, the lowest rate recorded. gional Commission. The train traffic through this Valley is The keystone of NHTSA’s efforts in First, I would like to thank my dis- currently 67 trains per day and is pro- highway safety, jointly administered tinguished colleagues, the Chairman jected to increase about 60% to as high S1840 CONGRESSIONAL RECORD — SENATE March 12, 1998 as 109 trains per day by the year 2020. a difficult row to hoe in even bringing transportation policy makers, engi- This will result in a doubling of the this measure to the floor a few weeks neers, and state and federal depart- amount of time a grade crossing will be ago. In fact, I seem to recall hearing ments of transportation as more states closed, to as high as 140 minutes a day. that the joke around the EPW Commit- opt to use the ‘‘Design/Build’’ ap- This obviously has adverse effects on tee was that ISTEA was a six year re- proach. mobility, both for the local citizen and authorization, not a six year reauthor- In addition to the challenges associ- freight movement. More important, ization process. ated with the I–15 corridor project, however, it has a terrible impact on Additionally, I commend our deter- Utah is a fast growing state that must safety and I believe it is our respon- mined and highly effective Majority make substantial improvements to ac- sibility to address this situation. Leader. Without the direct influence of commodate not only its own rapid I am pleased to report that the San Senator LOTT, we would not have got- growth but also interstate commerce. Gabriel Valley Council of Govern- ten a bipartisan agreement on the com- And, although some colleagues may ments, working in concert with the mittee’s amendment to ISTEA which think of Utah as being an essentially Southern California Association of provides for additional funding for rural state with wide open spaces, Governments and the California De- highway projects. And without his Utahns face rush hour traffic gridlock partment of Transportation, has devel- statesmanlike intervention last fall, that rivals the Washington Beltway. oped a plan to improve safety and mo- we would not have had the six-month The rate of population growth in bility in the San Gabriel Valley. It is a extension that was so critical to Utah Utah currently exceeds the national very aggressive 8-year, $950 million and, I’m sure, to other states as well. average by two to three times. Over program which calls for an initial in- Along with my junior colleague from the next two decades, the population in vestment of $220 million from the Fed- Utah, Senator BENNETT, I commu- the Salt Lake Valley alone is expected eral government over the next 6 years. nicated my concerns about the effect to escalate to 1.3 million people, a 66% The program is ready to begin imme- that a delay on the ISTEA reauthoriza- increase. diately with a jump-start program of tion would have on my state of Utah to The area south of Salt Lake is be- $60 million, which would address the the Majority Leader, and I appreciate coming known as the new ‘‘Silicon Val- most critical bottlenecks and improve the fact that he moved quickly on this ley,’’ home to Novell and other high safety through a series of grade cross- legislation once the Senate returned tech employers. North of Salt Lake, ing improvements and traffic signaliza- from the recent recess. the population of Davis and Weber tion. In addition to the safety and mo- I commend as well, Senators DOMEN- Counties are expected to grow 55% and bility aspects, if fully implemented, ICI, BYRD and GRAMM for their efforts 37%, respectively. All together, the 100- the Alameda Corridor East Gateway to in ensuring that our nation’s vital mile corridor along the Wasatch Front America Project would annually take transportation infrastructure needs are will exceed 2 million by 2015. 128 tons of air pollutants out of the met in a responsible manner which Travel in the Salt Lake Area is pro- worst air basin in the nation. does not violate the balanced budget jected to grow significantly over the This is a very important project, Mr. agreement. next 20 years. Total trips will grow by President, and I ask that when you go I enthusiastically support final pas- 57%, from 7.25 million trip-ends per day to conference with the House you give sage of ISTEA. Here’s why. to 11.4 million in 2015. this project every consideration in urg- Utah faces a number of transpor- Vehicle-Miles Traveled (VMT) will ing the Secretary of Transportation to tation challenges. The most critical is grow even faster, from current level of support this project out of the discre- the reconstruction of the I–15 corridor. 21 million to 34 million in 2015 or 62%. tionary monies in the high priority Designed in the 1960s, with a life span Our dependence on mass transit is trade corridor program of this legisla- of 20 years, the seventeen mile I–15 cor- also increasing. Total daily transit rid- tion. ridor enters its third decade with cer- ership will be 128,000 by 2010—an in- Mr. CHAFEE. Mr. President, from tain areas close to collapse. crease of 103% over 1993. my visits to California, I have learned In photos I have observed which de- All of this would be enough for first hand how the traffic coming tail the level of disintegration to the Utahns to support prompt passage of through the Ports of Long Beach and highway and bridge structure along I– the ISTEA reauthorization. But, in ad- Los Angeles are expected to more than 15, I could actually see the sky break- dition, Utah faces an important dead- double by the year 2020 with 25% of all ing through holes in the infrastructure. line for completion of key transpor- U.S. imports coming through these two It has also been reported that em- tation projects. That deadline, of ports. If we are to realize the benefits ployees who park underneath some of course, is the 2002 Winter Olympics, of this increased trade, we must im- the I–15 bridge structures had to sign which Salt Lake City will host on be- prove the efficient movement of the safety waivers! Before construction half of all Americans. cargo throughout this nation while at During the 2002 Olympic Winter the same time taking every step to en- began, a dozen of the bridges along I–15 Games, more than 2 million tickets hance the safety of the residents of the posed direct safety threats. Additionally, despite an earthquake will be issued to 179 events, which will area and to improve the environment. The Senator should be assured that I fault line along the Wasatch front, be spread over five city and five moun- will give this project every consider- none of I–15’s bridges met modern tain venues, each within a 55 minute ation as we move to final enactment of earthquake standards. drive of the Olympic Village. this bill. The I–15 corridor reconstruction It goes without saying that the effi- Mr. HATCH. Mr. President, I just project is vital to the economic growth cient—not to mention safe—transpor- want to take a moment to express ap- of our nation, the safety of the travel- tation of athletes, their families and preciation to the Environment and ing public, and presents a unique op- coaches, American and foreign press, Public Works Committee members, portunity to study the effects of an in- volunteers and visitors from one place particularly Senators CHAFEE, BAUCUS, novative ‘‘Design/Build’’ approach to to another is crucial. And, we can’t and WARNER, for the yeoman’s effort highway construction. postpone critical construction and im- they have made to get this bill to the The I–15 project is the largest ‘‘De- provements. In Utah’s climate, we have floor and ultimately passed by the sign/Build’’ project ever undertaken in basically four construction seasons re- United States Senate. the United States. As my colleagues maining to meet this deadline, and Developing a measure this complex, know, the ‘‘Design/Build’’ process is some of our road projects are nec- with so many competing interests, the cost and time savings process of essarily going to have to be front-load- isn’t easy. Believe me, I’ve been there, having the same contracting team that ed into this time frame. done that. My hat is off to my col- designs the project actually build the I know that I felt a sense of pride leagues who have succeeded in guiding project. when the Olympic flag passed from this well-balanced package this far In Utah, it is estimated that this ap- Japan to the United States at the clos- through the legislative process. proach will save half a billion dollars ing ceremonies in Nagano. Perhaps my My colleagues on the Environment and cut construction time in half. The colleagues noticed the banner carried and Public Works Committee have had I–15 project will provide vital data to by our U.S. athletes into the arena March 12, 1998 CONGRESSIONAL RECORD — SENATE S1841 that said: ‘‘Thank you, Nagano! See toward an integrated, intermodal why the current system is broken. One you in Salt Lake!’’ You don’t have to transportation system to promote effi- of these examples is from my home be a Utahn to want to show off our ciency and economic growth. Some of state of New Hampshire. The Nashua country. its major provisions include: assurance Circumferential Highway project was I am confident that the bill before us that gas tax dollars are used for trans- in the planning and environmental re- provides the funding and the mecha- portation purposes, greater planning view phase for more than 10 years and nism for Utah to meet its own trans- authority for state and local govern- had received the necessary permits portation needs as well as to fulfill its ments, increased research for innova- from the Corps of Engineers when, at obligation to our country as host of tive technologies such as intelligent the eleventh hour, EPA stepped in and this prestigious international event. vehicle highway systems, and funding exercised its veto authority. EPA ve- Again, I want to commend and thank for environmental protection activi- toed the project even though a $31 mil- my colleagues for their fine work on ties. lion environmental mitigation package this legislation. I am pleased to vote A reauthorized ISTEA should con- was committed by the state. A scaled for final passage of S. 1173. tinue to recognize regional differences, back version of this project is finally Mr. HOLLINGS. Mr. President, we but at the same time, recognize that back on the table. However, many come again to the highway bill and the our transportation system is a national years and a significant amount of re- question of fairness. Seven years ago I system. Certainly, every state wants to sources were unnecessarily wasted. voted against passage of the highway get its ‘‘fair share,’’ and we will need to This is just one of many fiascoes that bill, called ‘‘ISTEA,’’ because it did not balance each state’s needs with the have occurred all over the country. provide a fair share of funding to South needs of the nation as a whole. We need to bring some common sense Carolina. We were told we had a so- While there is some merit to having and reason to the environmental per- called ‘‘90% minimum allocation,’’ but various funding programs to serve spe- mitting process. Unfortunately, there hindsight now shows that we received cific needs, it is important to me in the are certain groups who consider the only 71 cents on the dollar. development of this legislation that we National Environmental Policy Act, I think we are on a better track refrain from creating new funding cat- NEPA, to be sacred and untouchable. today. The latest chart shows South egories or set-asides, and allow for But, I am pleased to say that we have Carolina getting 90 cents on the dollar maximum flexibility between the var- at least begun a debate on this issue for apportioned funds. I still do not be- ious programs. I also believe we should and that a bipartisan effort to improve lieve that amount is fair, but it rep- not be adding onerous mandates or the environmental review process has resents progress and I will keep work- sanctions on the states. I firmly be- taken place. While I think the lan- ing to improve on this amount. Also, lieve that state governments are capa- guage in S. 1173 represents a good first ‘‘donor’’ states like South Carolina ble of protecting the health and safety step, I still believe we could do more to were told last week that the bill would of their citizens. streamline and improve the review provide a floor of 91 cents on the dollar, From New Hampshire’s perspective, process without circumventing protec- and we clearly do not have that guar- it is important to ensure that small tions for the environment. antee in the bill yet. However, I appre- states continue to receive adequate In addition, I am pleased that the bill ciate the difficult job the managers of funding for their infrastructure needs. managers agreed to include my amend- the bill have in balancing the many New Hampshire strongly supports cer- ment to authorize a recycled materials needs under this bill, and have tried to tain programs, such as the Bridge Re- research program at the University of help them pass a fair bill in accords habilitation, Scenic Byway and Rec- New Hampshire, UNH. UNH has already with the needs of my state. reational Trail programs, that other begun extensive research into the use Particularly, I have strongly sup- states may not need as much. The of secondary or recycled materials in ported putting increased gas tax funds strength of ISTEA is that it recognizes transportation infrastructure. The into the Highway Trust Fund, and these varying needs and provides states data developed through the univer- spending those funds on highways rath- with the flexibility to direct funding as sity’s testing and demonstration of the er than non-transportation purposes. they see appropriate. feasibility of certain recycled mate- This is the right thing to do, it is good There are many challenges before us rials in road building will be extremely budget policy, and of course, it helps as we operate in a balanced budget en- valuable to state departments of trans- the managers of this bill provide an in- vironment—something for which I have portation, the Federal Highway Admin- creased share of funding for ‘‘donor’’ fought long and hard. Our needs will al- istration, and the construction indus- states like South Carolina. ways outweigh our resources. But, we try. Again, I remain concerned that, also have to recognize how critical our On balance I believe this is a good while there was an indication last week transportation system is to our econ- bill and deserves Senate approval. I that donor states would receive 91 omy and social well-being. While it is look forward to swift action by the cents back for each dollar contributed, difficult to balance these frequently House on its ISTEA reauthorization donor states have not in reality been competing goals, I believe this bill bill, so we can get to conference and given this amount. And I stand by my strikes the right balance in providing reach final agreement by the May 1 ex- support for legislation giving donor an adequate amount of resources with- piration date. Thank you, Mr. Presi- states a guarantee of 95 cents or high- in the context of the balanced budget dent, and I yield the floor. er. But I am pleased to see some agreement reached last year. AIR QUALITY STANDARDS progress on the issue of fairness and There is one other subject that I Mr. LOTT. Mr. President, I would hope we can continue to work together want to touch on briefly, and that is like to commend my friend from Okla- to improve the bill. the environmental review and permit- homa for his leadership in educating Mr. SMITH of New Hampshire. Mr. ting process. I believe S. 1173 makes me and my colleagues about the new President, I join the majority of my good progress toward streamlining the air quality standards. Before we wrap colleagues today in expressing strong environmental review process. How- up action on ISTEA, I would ask that support for the reauthorization of the ever, I do not believe we have gone far he clarify a few issues regarding his Intermodal Surface Transportation Ef- enough in resolving this problem. amendment that was adopted earlier ficiency Act, otherwise known as As it stands now, it takes as long as by the Senate. ‘‘ISTEA.’’ I was a proud supporter of eight years to complete the planning Mr. INHOFE. I would be pleased to this legislation in 1991 and continue to and permitting phase of a highway respond to the Majority Leader, and I support its goals today. project. This is simply too long and too would like to thank him for his assist- While the acronym ‘‘ISTEA’’ is often wasteful of taxpayer dollars. We must ance in getting this amendment adopt- joked about, it does share at least one take steps to shorten this process while ed. quality of the popular summer drink— still maintaining high environmental Mr. LOTT. I thank my friend from It is refreshing. ISTEA also represents standards. Oklahoma. It is my understanding that a revolutionary change from past There are numerous examples from the amendment you offered would not transportation legislation and a shift all regions of the country that show affect any pending litigation, nor S1842 CONGRESSIONAL RECORD — SENATE March 12, 1998 would it ratify the new standards. Is Mr. President, as anyone who has Unfortunately, FHWA was not able that a correct assessment of the sav- driven in the Puget Sound region will to approve CMAQ funding for construc- ings clause? attest, it is no joy to travel the I–5 or tion of this bridge due to statutory re- Mr. INHOFE. That is correct, nothing I–405 during rush hour. While the strictions. In a letter dated February in the amendment will affect pending Sound and Lake Washington add so 26, 1997, Jane Garvey, then Acting Ad- lawsuits and nothing will affirm or rat- much of the beauty to this unique re- ministrator of FHWA, stated that, ‘‘Be- ify EPA’s standards. gion, they also form geographical bar- cause the Cuyahoga River Bridge Mr. LOTT. On the day that the riers that limit transportation options. project involves the construction of a amendment was offered, the Senator These two bodies of water necessitate new two-lane bridge that, as proposed, from Oklahoma discussed a conversa- narrow transportation corridors, much will add capacity for single-occupant tion he had with the EPA Adminis- like a funnel, that create massive con- vehicles, it does not meet CMAQ cri- trator. I would appreciate a clarifica- gestion problems. When you add in teria for eligibility.’’ In other words, tion of that conversation. freight traffic of trucks and trains, you despite the obvious environmental ben- Mr. INHOFE. Mr. President, I am have a serious situation that requires a efits of having this bridge, CMAQ funds pleased that the Majority Leader serious solution. could not be used because it would add raised this issue. I have seen press re- Local officials have recognized the capacity for single-occupant vehicles. ports that have not accurately rep- severity of the transportation problems Mr. President, this project is very resented my conversation with Admin- of the region and have developed the important to Cleveland, Northeast istrator Browner. During that con- Freight Action Strategy for the Se- Ohio, and the State of Ohio. I do not versation, I indicated that I had no attle-Tacoma Corridor (FAST Cor- believe that, because it does not fall plans to offer any additional clean air ridor) to address these needs. The under a set of strict statutory restric- NAAQS legislation this year should the FAST Corridor project identifies choke tions, it should be abandoned. Last points from Everett to Tacoma that amendment be signed into law, barring year, when the House Committee on both hinder freight mobility and in- any unforeseen circumstances. I did Transportation and Infrastructure crease traffic congestion. Solutions to not indicate, however, that I would not marked up its ISTEA reauthorization these problems will take a comprehen- offer clean air standards legislation bill, the Committee included language sive effort encompassing federal, state, after this year. I would not want to that would allow the Cuyahoga River give up my right to legislate in the fu- local, and private interests. The region is prepared to address Bridge to be built using CMAQ funds. ture and I did not do that. This project has broad support and Mr. LOTT. Thank you for that clari- these problems, and is awaiting assist- ance at the federal level to meet the FHWA does not object to the language. fication. I appreciate the Senator’s I see my friend from Rhode Island on willingness to work with the EPA and daunting challenge of improving freight mobility and automobile traf- the floor and urge my colleague to ac- other federal agencies, and agree that cept the House language on this issue it is the prerogative of the Senate to fic. The explosive projected growth in the Northwest, coupled with pressing when this bill goes to Conference. decide how and when to legislate. Mr. CHAFEE. I thank the Senator infrastructure needs can only be miti- Mr. President, I appreciate the Sen- from Ohio for his statement. If this gated by this cooperative effort which I ator’s efforts and commend his success issue is in the House bill it will be be- on this amendment. He has dedicated look forward to facilitating. Mr. DEWINE. Mr. President, I would fore the conference committee. countless hours to this issue, both per- like to take a moment to commend the METROPOLITAN PLANNING ORGANIZATION sonally and in his subcommittee, and I Chairman of the Environment and Pub- STATUS FOR THE LAKE TAHOE BASIN thank him. I fully expect to see his lic Works Committee, Senator CHAFEE, Mr. REID. My colleague, Senator clean air standards amendment—if not and Senators WARNER and BAUCUS for BRYAN, and I rise today to describe and a stronger one—in the final bill re- their work on this transportation reau- elaborate on language that was accept- ported from Conference. thorization bill. It is not easy to bal- ed as an amendment to the Senate’s re- GRAMM-GORTON AMENDMENT ON SECTION 1116(d) ance the competing interests in this authorization of the Intermodal Sur- Mr. GORTON. Mr. President, I rise bill, but I believe the managers of this face Transportation Efficiency Act. today in support of the Gramm-Gorton reauthorization bill have been fair and Last week, our colleagues agreed to amendment which modifies Section very accommodating. In short, they create a Metropolitan Planning Organi- 1116(d), the Trade Corridor and Border have done an excellent job in shepherd- zation for the Lake Tahoe Basin be- Crossing Planning provision. This ing this bill through the Senate. tween Nevada and California. In addi- amendment will improve the criteria I would like to bring an issue that is tion to being one of the most beautiful for receiving funds under this section very important to my fellow Ohioans places on Earth, the Lake Tahoe Basin and ensure that these funds are best who reside and work in Cuyahoga is also one of the most environ- utilized. County to the attention of my friend mentally sensitive. Locals within the The U.S. economy depends on the ef- from Rhode Island. Basin, the Washoe Indian Tribe, and ficient flow of goods, and the federal In late 1996, the Ohio Department of the State Governments of Nevada and government has realized that bottle- Transportation submitted a request to California have long recognized the necks at U.S. ports are a national con- the Federal Highway Administration unique status of Lake Tahoe. cern. The Ports of Seattle and Tacoma requesting funding approval for the The Lake is the 3rd deepest in North are the second largest load center in Cuyahoga River Bridge project in America and the 10th deepest in the the United States, with more than 70 Cleveland through the Congestion Miti- World. At its deepest point the Lake is percent of their cargo traveling to or gation/Air Quality (CMAQ) program. 1,645 feet deep and averages about 1000 from points outside the Puget Sound The project would reduce the volume of feet. Stretching 22 miles in length by 12 region. Congestion around these ports heavy industrial traffic in Cuyahoga miles in width, the Lake has 72 miles of can cause significant delays which are County by nearly one million miles beautiful shore line that has beckoned not acceptable in today’s just-in-time each year, reducing vehicle emissions millions of visitors over the years. high-technology economy. and removing thousands of vehicles For years, the many competing inter- As a major gateway to Asia, Wash- from crowded city streets. Con- ests in the Basin have found ways to ington state serves as a major export sequently, construction of this bridge work together to protect the famed and import hub for trans-Pacific trade. is very important to Northeast Ohio’s water quality of the Lake. Environ- By 2015 Asia is expected to comprise efforts to remain in compliance with mentalists, small businessmen, resorts 45% of the world population, and a sig- air quality standards. By removing and gaming interests, and private prop- nificant amount of the goods traveling large volumes of industrial traffic from erty owners have all long recognized to and from this region will pass city streets, construction of the bridge that Lake Tahoe is a national treasure through Washington state ports, both would also enhance safety and would and must be preserved. land and sea. As the volume of trade save significant sums of money by re- The partnerships they have developed grows, rail, truck, and air traffic will ducing road maintenance costs to mu- are unique and have proved the notion increase proportionally. nicipalities and the State of Ohio. that it is not necessary to harm the March 12, 1998 CONGRESSIONAL RECORD — SENATE S1843 economy to improve the environment. tation projects at Lake Tahoe. Our for transportation systems which con- This has not been easy. The Basin con- amendment gives the Basin access to nect to ports. Equal emphasis needs to sists of 4 different counties and one both planning and program implemen- be given in this program to intermodal city located in two different states. tation funds for programs of federal projects in states such as Louisiana, There are portions of three separate land management agencies, such as the where the combination of ports, water- National Forests in the Basin. The U.S. Forest Service. ways, roads, rail and airports con- largest property owner, by far, is the President Clinton made it clear last stitute some of the finest examples of United States Forest Service, which summer that the U.S. federal govern- intermodalism on a national and inter- owns over 70 percent of the land. With ment must fulfill its obligations within national scale. so many competing stakeholders, it is the Tahoe Basin. Although this amend- As helpful as these three programs amazing that so much has been accom- ment does not include a seat on the have the potential to be under ISTEA plished. MPO for the U.S. Department of Trans- II for nationally-significant intermodal To assist in their efforts, Congress portation, this provision would provide projects, more funding is needed to passed Public law 96–551, the Lake a role for U.S. DOT to assist in fulfill- help the states build them. Tahoe Bi-State Compact, which estab- ing these obligations by assisting the For example, the New Orleans Re- lished a locally-based planning process federal land management agencies in gional Intermodal Project brings to- for Nevada and California. This com- preparation of transportation plans. gether in a matter of a few square pact recognized the unique nature of Mr. REID. What will be the federal miles major rail, water, air and high- Tahoe and requires the region to meet role on the MPO itself? way transportation centers. This or exceed a multitude of stringent Mr. BRYAN. Our legislation makes it project is designed to increase the state and federal transportation and clear that there will be a representa- transportation efficiency of the entire air quality requirements. tive of a federal land management metropolitan area, including the Par- Last Summer, President Clinton agency on the Lake Tahoe MPO. This ishes of Orleans, Jefferson, St. Tam- hosted an environmental forum at is only reasonable. many, St. Bernard, and St. Charles. Mr. REID. Our Nation’s transpor- Lake Tahoe to address the interrelated The New Orleans Regional Inter- tation laws and regulations and pro- transportation, forest health, and modal Project represents a unique im- grams can be a bit complicated. What water quality concerns that face the plementation program focused on clos- changes does this make to existing law Basin. Transportation was identified as er integration of several highway, port, or programs? one of the key areas where improve- rail, and air facilities in the Earhart ments to infrastructure could also Mr. BRYAN. There should not be an impact. This MPO should not affect corridor, from the Tchoupitoulas port yield key environmental benefits. complex on the Mississippi River to the To enhance the ability of the resi- other program aspects under Title 23. new Air/Cargo facilities at New Orleans dents of the Tahoe Basin to solve these The section we have written is de- International Airport. transportation problems, my col- signed to allow Tahoe to organize for This initiative is as important to the leagues Senator BRYAN, Senator BOXER transportation. There is no intent to nation as it is to the New Orleans met- and Senator FEINSTEIN and I have change other policies of the federal ropolitan area. Because of its geo- asked the other members of the Senate transportation program. graphic location, the area is the hub to confer Metropolitan Planning Orga- Mr. REID. I thank my colleague. for several national cargo transpor- nization status on the Basin. Our col- NATIONAL INTERMODAL SET-ASIDE PROGRAM tation systems. This relatively small leagues have graciously granted our re- Mr. BREAUX. Thank you, Mr. Presi- area is the juncture point between sev- quest, so Senator BRYAN and I wanted dent, for this opportunity to discuss eral major north/south and east/west to take several minutes to discuss with you and my distinguished col- railroad lines; two major north/south what this status does (and does not league from Louisiana, Senator and east/west interstate highways; a mean) to Lake Tahoe. LANDRIEU, our proposal to establish a Is it not true that Metropolitan Plan- nationally-level set-aside program major international cargo and pas- ning Organization status for Lake from the federal highway trust fund to senger airport; and two of the most sig- Tahoe is merely designed to enhance help states to finance certain types of nificant waterway systems in the coun- the ability of the community’s within nationaliy-significant intermodal try, the Mississippi River and the In- the Basin to compete for federal trans- projects, of which Louisiana has sev- tracoastal Waterway. portation planning funds? eral. When one combines the services and Mr. BRYAN. The Senator is correct. We appreciate your consideration of impact of the intermodal complexes at As you have mentioned, the Lake our proposal, Mr. President, to set Baton Rouge and the Port of South of Tahoe Basin consists of parts of two aside $100 million for the fiscal years Louisiana at LaPlace, each of which states, 4 counties, 3 National Forests, 1998–2003 for obligation by the Sec- should be considered for this type of and one city. However, as the Bi-State retary for intermodal projects. We funding, with those of the New Orleans Compact recognizes, the Basin has want to continue working closely with regional complex, then the order of unique environmental needs that re- you and other members on its behalf magnitude and impact truly is one of quire the cooperation of all people and when the Senate and House go to con- international as well as national sig- groups that own or manage property ference on the surface transportation nificance. within the Basin. bill. In a similar manner, other Louisiana The ability to compete for and utilize Congress acted wisely in the 1991 intermodal projects with national sig- federal transportation planning dollars ISTEA by creating the National High- nificance should be considered. These will allow the Basin to fulfill many of way System, NHS, which brought focus include: Much-needed improvements to the goals identified in the Basin’s Envi- to intermodalism as part of the na- Louisiana Highway 1, from the mam- ronmental Improvement Program. tion’s surface transportation policy. In moth Port Fourchon area on the Gulf Mr. REID. The Forest Service owns addition to the NHS account, funds of Mexico to U.S. Highway 90, because over 70 percent of the land within the from the Surface Transportation Pro- of the major contribution this route is Basin. Doesn’t it seem reasonable that gram (STP) may be used by the states playing in the development of oil and the federal land management agencies for intermodal projects. The use of gas fields in the Gulf; this intermodal of the Basin have a role in this new NHS and STP funds for intermodal complex is increasing the delivery of process? projects are left to the discretion of the domestic energy supplies and strength- Mr. BRYAN. I agree with the Sen- states and intermodal projects are but ening national security by limiting na- ator. Our legislation addresses the fact one option available to them. tional dependency on fuel imports; that the federal government is the big- I also hope that funds authorized for highways, waterways and pipelines gest property owner in the Basin. As the Trade Corridor and Border Crossing make Port Fourchon one of the most such, there is a need for federal in- Planning and Infrastructure Program important intermodal complexes in the volvement in both the planning and in S. 1173 will be available for use on nation today and Louisiana Highway 1 program implementation of transpor- intermodal projects in port areas and a major roadway which connects the S1844 CONGRESSIONAL RECORD — SENATE March 12, 1998 Gulf of Mexico to other major inter- in infrastructure to gain major divi- costs of helping to establish a regular modal systems via U.S. Highway 90; de- dends in efficiency that will benefit our ferry route. In addition, in coastal velopments in the Central and North- entire national economy. urban centers the reduction of auto- west Louisiana regions, which include Ms. LANDRIEU. Mr. President, by mobile use mitigates environmental the growing highway, port, rail, water implementing such a program we will air quality problems. and air complexes along the Red River, enhance our region’s national eco- In rural coastal areas, such as the starting at the Caddo-Bossier Port, nomic competitiveness, especially in barrier islands of Maine, North Caro- continuing to the Ports of our natural resource sector which has lina, and Florida, marine ferries have Natchitoches and Alexandria, and fi- been the backbone of our economy; been utilized as the sole source of nally linking with the Mississippi contribute to the revitalization and transportation to connect coastal com- River; this link brings together goods growth of both suburban and central munities to the mainland. States like and services from the Central and Mid- city business engaged in global trade; North Carolina utilize their state ferry western United States to the water, provide new opportunities for job cre- system as an integral part of their hur- rail, air and highway systems leading ation throughout metropolitan and ricane disaster planning, when traffic to and from the Mississippi River and rural areas; and promote national effi- can be congested during an evacuation. its internationally-significant inter- ciency. With hundreds of major navi- Ferries were used in the aftermath of modal systems; Barksdale Air Force gable waterways, ports and rail sys- the earthquakes in northern California Base, located at the juncture of two tems throughout Louisiana, we are fa- to provide transportation across San major interstate systems in the vored by many in the Midwest and Francisco Bay. Shreveport-Bossier City area of Louisi- Eastern United States as the gateway Marine ferry transportation can also ana, and home of the 8th Air Force, to- to the Southern Hemisphere. Louisiana provide benefits to inland states with gether with Ft. Polk, home of the is of vital importance to the United marine barriers such as rivers or lakes. Army’s Joint Readiness Training Cen- States as such a gateway and very sup- Many states have utilized marine fer- ter, located at Leesville, Louisiana, are portive of additional federal funding to ries as low-cost alternatives to high- major military installations in the better connect their water, rail and way bridges or to circumvent large in- state. It is critical that strategic na- transportation systems that are vital land lakes. Again, this provides the tional defense installations such as to enhancing international trading op- lowest cost transportation alternative these have the proper access and con- portunities for our nation. to the taxpayer. nections to transportation systems, in- While I understand that the man- In states such as Washington and cluding roads, rail and waterways, to agers of S. 1173 will not include addi- Alaska, ferry transportation is vital respond effectively in time of need. An tional funding amendments in this bill, and crucial to the population. These intermodal set-aside at the national such as the one Senator BREAUX and I states have invested, with great suc- level would be another means to help propose, I hope to work on this pro- cess, in state-run marine ferry services, the states address the transportation posal with Senate leaders during con- and have far-flung populations where system needs for these military instal- ference with the House to promote highway road service is inefficient or lations. intermodalism in those places where in some cases impossible. Other states It is hoped, Mr. President, that the we can gain the greatest national bene- such as New York, New Jersey, and my type of fund we envision could also be fit. own state of Hawaii, are exploring in- used to provide additional funding for Mr. CHAFEE. Thank you Senator centives to induce private ferry oper- critical projects such as extending BREAUX and Senator LANDRIEU for ations in order to fulfill certain trans- Interstate 49 in Louisiana, from its bringing this proposal to our attention. portation objectives. current Southern terminus at Lafay- Although we continue to face a signifi- This year I introduced S. 961, the Ma- ette to New Orleans. cant challenge in providing funding for rine Ferry and High-Speed Marine An extension of I–49 from Lafayette the complete range of national trans- Ferry Act. Senator STEVENS’ amend- to New Orleans is much-needed from a portation needs, I will work with you ment includes many of the provisions national perspective because of the and other Senators as this bill pro- that were included in S. 941, and they benefits it would bring by linking gresses to provide funding for those will help us to fulfill our Nation’s po- goods and services from the Central critical areas in which we can gain the tential for both the continued use of and Midwestern United States to the greatest value for our public invest- traditional ferry services and to help New Orleans region’s intermodal com- ment. develop potential use of high-speed ma- plexes. MARINE FERRY TRANSPORTATION rine technology. As important, the extension of I–49 Mr. INOUYE. Mr. President, I would In the early 1970s, Boeing Marine pio- from Lafayette to New Orleans would like to express my support for the neered the development and construc- link the expanding energy industry at amendment offered by Senator STE- tion of commercial passenger hydro- Port Fourchon and the trade from VENS to promote the use of marine foils capable of operating at 45 knots. other ports along that route, such as ferry and high-speed marine ferry serv- Boeing built 25 hydrofoils for high- the Ports of Iberia, West St. Mary, and ices. This amendment will help pro- speed use on the Hong Kong-Macau Morgan City, to the New Orleans re- mote marine ferry transportation, a route before licensing production to gion’s intermodal systems. Tying into widely overlooked, but incredibly effi- Kawasaki Heavy Industries of Japan in that system, too, could be trade from cient sector of our public transpor- the early 1980s, and by 1989, only one the port at Abbeville, just south of La- tation system. high-speed marine passenger/vehicle fayette. The marine ferry system of the ferry of significant size was in oper- I–49 also connects with Interstate 10, United States is invaluable in meeting ation. a major interstate corridor which runs the transportation needs of our nation. The international and domestic high- from Florida to California. In Louisi- As a Senator from an island state, I ap- speed marine passenger vessel market ana, I–10 westbound from Lafayette has preciate the need for passenger/vehicle has recently seen a dramatic expan- ports which connect directly or indi- ferry services. In general, marine fer- sion, and currently over 60 high-speed rectly to it, such as the major Port of ries require minimal costs as compared marine passenger/vehicle ferries are in Lake Charles, and those at Cameron to the costs of new infrastructure such service or under construction. Fast fer- and Mermentau. as highways, bridges and tunnels. ries, until recently, have been pri- The full benefits of these surface In coastal urban centers, marine marily used in short sea services on transportation systems cannot be fully ferry service can provide low-cost, en- protected routes, but recent advances realized without an investment in the vironmentally friendly transportation in design and materials have allowed roadways and connectors that will to areas suffering from congestion. For for the construction of larger vessels allow true intermodalism. The Louisi- instance, the cost of additional road- capable of being operated on longer ana intermodal complexes and systems ways and bridges in the New York/New open sea routes. These technologies are represent the best opportunity for this Jersey metropolitan area could be as- integral to the development of ferry nation to leverage a small investment tronomical compared to the minimal service in the Hawaiian islands, where March 12, 1998 CONGRESSIONAL RECORD — SENATE S1845 we have rougher and more exposed sea project implementation grants to im- order for our region to bring new op- routes. New technologies have also prove the movement of products and at portunities to our farmers and rural opened possibilities for high-speed international border crossings with communities. cargo-carrying operations. Mexico and Canada, and along signifi- If North Dakota and the region are to The United States has benefitted cant transportation trade corridors. continue to benefit from new export from a number of recent high-speed As you will recall, in 1994, Congress opportunities, such as those offered by projects, and from the establishment of established the Northern Great Plains NAFTA, we must have the transpor- a shipyard specifically designed for Rural Development Commission to de- tation infrastructure to deliver perish- high-speed marine passenger vessel velop a ten-year plan for the economic able, high-quality products. construction. The Maritime Adminis- future of our region. One of the prior- Simply put, our goal is to make tration’s 1996 Outlook for the U.S. ities of the Commission is developing a truck transportation across the United Shipbuilding and Repair Industry indi- transportation strategy for the region. States faster, easier, and more cost-ef- cates: One important aspect of that strategy fective. But federal support for states New orders for ferries should also continue is the proposal to designate the Red and communities along the Red River to provide work for the second-tier ship- River Trade Corridor—a multi-state Trade Corridor is essential to improve yards. The enactment of ISTEA continues to corridor that includes Interstate 29 and the infrastructure of the corridor and provide a significant boost to new ferry Interstate 35—as an official national to streamline traffic across the United projects. In addition, MARAD has a Title XI trade corridor under Section 1116. States and from the Canadian and application pending for the construction of We think it is wise to discuss our ob- two passenger/vehicle ferries for a foreign Mexican borders. owner, valued at more than $171 million. De- jective with the Committee so that our Mr. BAUCUS. The Senator from mand will come from continued promotion of region is not overlooked when these North Dakota accurately notes the im- states of ferries for use in their tourist in- corridors are selected—or in the event portant link between export opportuni- dustries, as well as in transportation/com- that the Committee makes rec- ties and an adequate transportation in- muting, as an alternative to building infra- ommendations for recognizing specific frastructure. The development of the structure projects such as highways and corridors. transportation infrastructure is crucial bridges. The recent award of a $181 million Our objective is clear: if we in North to ensure that export products from contract to Todd Seattle for three 2,500-pas- Dakota and the rest of the Northern not only the Northern Great Plains re- senger ferries and the solicitation for propos- Great Plains are going to keep our als for two additional 350-passenger ferries gion but also the nation—and our by the State of Washington, is an added sign rural communities and businesses neighboring countries—are able to that the ferry industry is strong. On the pri- thriving, we must have the transpor- reach their destinations in an efficient vate sector side, there is a demand for the tation infrastructure necessary to manner. deployment of high-speed, high-tech ferries reach local, regional, and international Mr. CONRAD. We appreciate the in- in the passenger excursion industry. markets. We are at an important stage terest of the Ranking Member in our The Stevens amendment will build on in our economic development. We are request to provide an official designa- previous enactments aimed at promot- poised to take advantage of the new tion to the Red River Trade Corridor. ing marine ferry operations. The bill trade created by NAFTA, which places We look forward to working with them would reauthorize section 1064 of our region of the country within a new on this designation, which is critical to ISTEA, at levels consistent with past era as a geographical crossroads for the future of our state and the North- years, to allow state-run ferry pro- international trade. The importance to ern Great Plains region. grams to apply for federal grants for the economy of our states cannot be Mr. LEAHY. Mr. President, we have the construction of ferries, and/or re- overlooked. To take advantage of the before the Senate one of the most im- lated ferry infrastructure. benefits that can be derived from the portant pieces of legislation that the The Stevens amendment would also changing global economy, our highway Senate will consider this year, the require DOT to report on existing ma- transportation infrastructure must be Intermodal Surface Transportation Ef- rine ferry operations and to make rec- capable of serving those international ficiency Act of 1998, the so-called ommendations on areas that could ben- trade and transportation needs. ISTEA II bill. The bill touches every efit from future marine ferry oper- Mr. BAUCUS. I appreciate the gentle- American, from Vermont to Florida, ations, and directs DOT to meet with man’s comments and understand his from Washington State to Washington relevant state and local municipal concerns. The Committee is aware of D.C. ISTEA II, with its transit and planning agencies to discuss the ma- the importance of the Northern Great safety subtitles, will spend more than rine ferry option to transportation Plains states, including North Dakota, $215 billion over six years on our na- planning. I think that municipal plan- in moving traffic from north to south, tion’s highways, transit systems, and ners will be convinced that marine fer- as well as from east to west. The co- safety programs. ries can be the lowest cost alternatives operation among the states in the re- That is a lot of money, but it is sore- available. gion and the work being done with the ly needed. The United States has the I am happy the amendment has been government of the neighboring prov- largest transportation system in the incorporated in the bill, and thank my ince of Manitoba will be important in world—170,000 miles of National High- colleagues for their support of marine applying for grants in the trade cor- way System routes, 900,000 miles of ferry operations. For a relatively small ridor program in the bill. other Federal-aid roads, and 3.7 million investment, we can encourage state Mr. DORGAN. Mr. President, I very miles of public roads. Prior to 1991, our and private operations to address our much appreciate the Chairman’s inter- national priority had been on building pressing infrastructure demands. est in the Red River Trade Corridor. As the national Interstate system which RED RIVER TRADE CORRIDOR you know, I have long supported efforts had been under construction since 1957. Mr. CONRAD. Mr. President, my fel- to add value to the agricultural prod- Six years ago, thanks to the leadership low senator from the State of North ucts produced by the farmers in my of Senators MOYNIHAN and CHAFEE, this Dakota and I would like to engage the state and within the entire region. nation made a fundamental change in Ranking Member of the Committee on However, adding value is only one part the way that it allocates its public in- Environment and Public Works in a of the picture. We must also ensure vestment in transportation. That colloquy regarding the importance of that the products can get to market, change was based on the premises that the transportation infrastructure of especially in light of the current era of local people understand local needs, our region and our states to inter- international trade and consumer de- that funding should be flexible, and regional, national, and international mand for fresher and higher-quality that transportation should contribute trade. products. Giving our region the ability to meeting national environmental and Mr. President, we have followed with to develop a transportation infrastruc- public health goals. In my estimation, interest the development of S. 1173, the ture to improve the movement of prod- ISTEA has been a resounding success. ISTEA II legislation. We have been es- ucts to market in a timely fashion, and The bill before the Senate will come pecially interested in Section 1116, to link infrastructure investment to to be known as ISTEA II. I want to which provides planning and border international trade, is essential in commend the managers of the bill, S1846 CONGRESSIONAL RECORD — SENATE March 12, 1998

Senators CHAFEE and BAUCUS, for ture, while protecting the environment economic activities by improving their crafting a landmark piece of legisla- and giving Vermonters unprecedented accessibility to better markets and tion. This bill is good for the nation choice in how to spend federal funds. I better tourism opportunities. and good for my state of Vermont. It am proud to vote for the bill, and I ISTEA II, S. 1173, now authorizes a maintains and enhances our transpor- hope that the Senate preserves as grand total of $173 billion for all pro- tation commitments in ways that Ver- much of it as possible in conference. grams over the six year life of the bill. monters will be proud of. MON VALLEY-FAYETTE EXPRESSWAY/SOUTHERN This is a nominal increase of about 43 First of all, the bill maintains its BELTWAY percent. flexibility. Vermont will retain full au- Mr. SPECTER. Since the mid-1980’s, I As passed by the Senate, S. 1173 funds thority, in partnership with local gov- have worked with elected officials from the Indian Reservations Roads Pro- ernments, to decide an appropriate Allegheny, Washington, and Fayette gram at $200 million for 1998 and $250 level of investment in roads, bridges, Counties, the Pennsylvania Turnpike million per year for each of the follow- bicycle paths, and transit. One of the Commission, and the Mon Valley ing five years of the bill, from 1999 most important additions to this bill is Progress Council to obtain funds for through 2003. a provision that will allow Vermont to the Mon Valley-Fayette Expressway I am pleased that the Committee on spend its highway money on Amtrak and Southern Beltway project, which Environment and Public Works has in- capital improvements. Our small state has tremendous economic development cluded $9 million annually (within the has two successful Amtrak trains, both potential from West Virginia into total $250 million) to allot to the repair of which operate with assistance from Pittsburgh and to the Pittsburgh Inter- and construction of Indian bridges. national Airport. The seven segments the state. If this provision survives the The Domenici-Inouye-Bingaman of the Expressway and the Beltway will conference committee with the House amendment, as accepted by the Com- cost $2.5 billion to complete ($1.8 bil- of Representatives, Vermont Amtrak mittee will add a total of $250 million lion Mon Valley-Fayette, $700 million service can be expanded to include even over five years. Southern Beltway) and will include 92.5 more communities. In western Ver- Our amendment brings the six year miles of new toll road in the Pitts- mont, our Ethan Allen train could be total IRR funds up to $1.450 billion expanded to serve Bennington, Rut- burgh region. One of the more notable aspects of from the current $1.200 billion prior to land, Middlebury, and Burlington. the Domenici amendment. The second goal that this bill will ac- this project is that the Commonwealth While our original IRR bill, S. 437, in- complish is that it strengthens of Pennsylvania has committed to pro- cluded road maintenance as an eligible ISTEA’s commitment to the environ- viding $2 billion, or 80 percent, of the activity, this amendment does not in- ment. There is increased funding for $2.5 billion, which is highly commend- clude road maintenance. We expect the congestion mitigation, a new wetlands able and unusual. BIA to continue to fund its road main- restoration pilot program, continued While I recognize that you do not tenance program, hopefully at higher funding for recreational trails, and a wish to earmark projects in the pend- levels than $25 million per year. greater than 25% increase in funds for ing bill, or I would have proposed such The Indian Reservation Road Pro- bicycle transportation and pedestrian an amendment, Mr. Chairman, I would gram is directed to about 22,000 miles walkways. welcome your assurance that in con- Finally, this bill will bring more re- ference you will keep this project in of BIA roads serving Indian lands. sources to Vermont. It will give Ver- mind as an example of a project that There is a total road mileage, counting mont a major boost in highway and merits consideration. BIA, state, federal, tribal, and county Mr. CHAFEE. I want to assure the transit funding, so we can better main- roads, of about 50,000 miles on our na- Senator from Pennsylvania that I am tain our existing roads. We need the tion’s Indian lands. The BIA is directly well aware of this project and his sup- funds. For example 41% of Vermont’s responsible for about 44% of this total port for it. It certainly is commendable bridges are structurally deficient, the road system serving Indian tribes. when a State will put up 80 percent of 11th worst rate in the nation. Today we About 5% are tribal roads and the any highway project and I thank the get about $78 million in federal high- other half are other federal roads and Senator for his input, which will be way funds. Under the bill which we will state and county roads. helpful as we proceed to a conference pass today, Vermont will annually re- Within the BIA road system, 22,000 with the House. ceive $118 million on average for the miles of roads, only 11% of the paved next six years. INCREASING THE ALLOCATIONS TO INDIAN roads are rated as being in good condi- Operating assistance for transit will RESERVATION ROADS tion. Of the unpaved roads, 90% are Mr. DOMENICI. Mr. President, most increase from about $1.5 million annu- known to be in poor condition. None of Indians today still live in poverty. This ally to $1.8 million annually. A new the BIA unpaved roads are rated as is reflected in a per capita income fig- $750 million trade corridor and border being in good condition. ure that is one-sixth to one-fifth the Since 1982, the Highway Trust Fund infrastructure program will result in national average for the 10 largest In- enhancements at Vermont’s border has been the primary source of funds dian reservations. In simplest terms, for the design and construction of BIA with Canada. A big reason for the in- most reservation Indians have one dol- crease for Vermont’s funds is because, roads serving Indian tribes. In the mid- lar of income for every five dollars of 1980’s this funding was about $100 mil- for the first time since 1993, every cent income available to average Ameri- of the gasoline tax will be spent on lion per year; it fell to about $80 mil- cans. lion per year in the late-1980’s; and roads. For the last six years, 4.3 cents On the Papago reservation in Ari- with the advent of ISTEA I, Indian of the gas tax have been dedicated to zona, the per capita income is $3,113 Reservation Roads have been funded at reduce the federal deficit. But with the compared to $18,325 for all Americans $191 million per year. federal budget in balance for the first (1990 Census). At Zuni Pueblo, the per time in 30 years, we can now spend capita income is $3,904 and at that Nav- Now that Welfare Reform is a reality, those funds on badly needed transpor- ajo reservation it is $3,735. These fig- it is more imperative than ever to help tation infrastructure. ures have changed only slightly since create Indian reservation-based em- We live in a competitive world, Mr. the 1990 Census. ployment opportunities. ISTEA fund- President. Many of our economic com- Fifty-one percent of American Indi- ing has become the primary source of petitors pay their workforce much less ans residing on reservations live below road planning and construction in In- than comparable workers here in the the poverty line; and unemployment dian Country. United States. Yet we often not only averages 37%. In addition to direct employment op- compete with the world, but we lead it ISTEA has already helped tremen- portunities, ISTEA funds provide an es- in many industries. One of the big rea- dously to increase the accessibility of sential component of community infra- sons why we compete and win is be- Indian people, but much remains to be structure development. As observed in cause we have a superior transpor- done. the Committee Report on S. 1173: tation infrastructure. Mr. President, We can help accelerate the move- Transportation provides the links between this bill will modernize our infrastruc- ment of Indian people into mainstream businesses, industries and consumers. March 12, 1998 CONGRESSIONAL RECORD — SENATE S1847 The national economic benefits of a healthy ISTEA spurred the Federal govern- the Intermodal Surface Transportation and reliable Federal investment in transpor- ment and the States to invest their Efficiency Act. I support this bill be- tation infrastructure are well documented. transportation dollars in whatever cause of its strategic importance to The ability of new businesses to arise modes were most efficient for moving Maryland’s economy and the national in Indian Country is seriously hindered people and goods and to solicit the economy. by the current state of their road sys- input of local communities in planning To put it simply Mr. President, tem. Health and education indicators those investments. The result was a Maryland will receive more dollars for are also well below national averages. dramatic increase in investment in highways under this bill than it does Today’s Senate action to increase the maintenance and rehabilitation of ex- now. Under this legislation, Maryland Indian Reservation Road program by isting roads and bridges, in mass tran- can expect to receive almost $400 mil- $50 million per year will add signifi- sit, and in creative approaches to our lion per year for its highway system cantly to improving the accessibility transportation needs, from bicycle and and roughly $100 million for its transit of Indian reservations to the benefits of pedestrian paths to ferry boats. needs. our national economy. I am proud to see that the bill we That means better highways, byways, On the Navajo reservation, annual will pass today is true to those prin- trains and buses for Marylanders. funding is likely to increase from ciples, retaining ISTEA I’s major envi- Maryland’s interstate highways are about $55 million to over $65 million. ronmental programs such as the Con- among the busiest in the nation. Fund- On Pueblo lands in New Mexico, fund- gestion Mitigation and Air Quality ing under this bill will help maintain ing will increase from about $12 million Program and the Transportation En- our highways and help relieve the con- to $15 million. gestion that so many of our commuters I am pleased that the full Senate pre- hancements Program, as well as creat- face each day. served this important funding increase ing a new innovative finance program Highways and transit systems are the for Indian reservation roads to $250 that will help fund projects across the arteries for our economy. This legisla- million per year, from $200 million per nation. This bill is good for New York, tion will help increase the capacity of year, as originally proposed by the En- providing the State with over $14 bil- our highways and transit systems, and vironment and Public Works Commit- lion in highway and transit funds over tee, and from $191 million per year the next six years. will promote economic growth and job under current law. I also salute the EPW Committee for creation. Another significant change in this including a program to develop mag- This bill also means more money for legislation is the national priority sys- netic levitation projects in this coun- transit, to keep our buses, trains and tem for Indian reservation bridges. try. Maglev was first conceived in 1960 subways in top form. Rather than allocate a small percent- by a young Brookhaven scientist, For Maryland, this means that our age of bridge funds from each of the James Powell, as he sat mired in traf- MARC trains, the Baltimore Metro, as fifty states for use within those states, fic on the Bronx-Whitestone Bridge. well as our rural and suburban bus sys- we now have a single national Indian But it is the Germans and Japanese tems such as Montgomery County’s bridge program that will target the who are building it. It promises to be Ride-On system will continue to re- most deficient bridges for early repair the most important development in ceive the help they need to buy new or replacement. transportation technology since the equipment and expand capacity. I thank Chairman CHAFEE and Rank- airplane and we must not be left be- The ISTEA bill also maintains the ing Member BAUCUS for their assist- hind. important programs for our environ- ance in adding significant funding for I want to close with a word about ment to reduce congestion and improve the Indian Reservation Road Program mass transit. One of the most impor- air quality. and creating a simpler Indian bridge tant things that ISTEA I accomplished It funds the development and con- program. was to begin the work of repairing the struction of a state of the art Maglev Mr. MOYNIHAN. Mr. President, I damage done to our cities by the Inter- system. Maryland is one of the states wish to salute my distinguished col- state Highway System. American cities that has a Maglev project on the draw- leagues on the Environment and Public were cruelly split, their character and ing board and could receive federal as- Works Committee, Chairman CHAFEE geography changed forever, with inter- sistance to build the nation’s first of Rhode Island, Senator BAUCUS of state highways running through once- Maglev system. A Maglev line between Montana, and Senator WARNER of Vir- thriving working class neighborhoods Baltimore and Washington would re- ginia, for their leadership and vision in from Newark to Detroit to Miami. duce commuting time to less than 20 crafting ISTEA II. I also wish to salute Homes and jobs were dispersed to the minutes between the two cities. my fellow New Yorker, Senator outlying suburbs and beyond. The While I am pleased at the funding for D’AMATO and Senator SARBANES of physical and economic damage is still highways, transit, environmental pro- Maryland, for their outstanding work with us today. grams and Maglev, I am disappointed on the transit title of this bill and the But our cities have used ISTEA funds that this bill does not provide full fed- careful compromise they were able to to repair the damage where they could, eral funding for the replacement of the fashion. Finally, I congratulate Sen- using funds for transit—even bike and Woodrow Wilson Bridge. ator ROTH of Delaware, for all his skill pedestrian paths—instead of more road The bill provides $900 million to re- on crafting the tax title to ISTEA II. building. Under the flexibility granted place the Wilson Bridge. This is sub- In 1991, Congress developed the prin- to them under ISTEA I, States trans- stantially higher than the $400 million ciples for the first highway bill to ferred $3.6 billion from highways to that was proposed by the U.S. Depart- mark the post-Interstate era. That pre- transit, spurring improvements in ment of Transportation. vious era had seen development of a na- transit systems all across the country. In my opinion, $900 million is a down tionwide, multi-lane, limited access This bill will continue a strong in- payment. I am hopeful that funding highway system, as first envisioned at vestment in transit, and improve and and additional financing measures can the General Motors Futurama exhibit expand transit commuting benefits for be included as the legislation proceeds. at the 1939 World’s Fair, and then fund- employees. Mass transit is vital to the Maryland and Virginia cannot shoul- ed by a dedicated tax proposed by economic health of our cities, which re- der a majority of the cost for replace- President Eisenhower and approved by main the primary generators of wealth ment of the Wilson Bridge. It is the re- Congress in 1956. in the United States. Mass transit en- sponsibility of the federal government, Those principles were designed to ad- ables our cities to thrive by retaining not the states, to construct a suitable dress the fundamental imbalance in na- their physical density, richness, and alternative to the current bridge. It is tional transportation investment, and character. Without mass transit, urban my hope that this will be resolved in in so doing, promote intermodalism, life and culture disperse and eventually conference with the House. improve mobility and access to jobs, disappear, leaving all Americans poor- Despite my concerns over the Wilson protect the environment, increase par- er indeed. Bridge, I believe this legislation will ticipation by local communities, and Ms. MIKULSKI. Mr. President, I rise make major improvements to our na- enhance transportation safety. in support of final passage of S. 1173, tion’s infrastructure, and Maryland’s S1848 CONGRESSIONAL RECORD — SENATE March 12, 1998 economy. That is why I support this November 1995. Its major conclusion programs essential to the efficient op- legislation. was that the amount of gas taxes paid eration of urban and rural transit sys- Mr. THURMOND. Mr. President, I locally is one of the most accurate in- tems. In total, ISTEA II provides an in- rise to commend the Chairman of the dicators of where transportation is crease in transit funding of $9.8 billion. Environment and Public Works Com- needed. This makes sense, of course. During ISTEA II’s consideration, I mittee, Mr. CHAFEE, the ranking mem- People should be able to expect the tax cosponsored amendments that reduce ber, Mr. BAUCUS, and the Chairman of they pay to go to maintain the roads the legal level of intoxication to .08 the Transportation Subcommittee, Mr. they are driving on. Unfortunately, blood alcohol content (BAC) and that WARNER, for their skill and their hard this sensible proposal has been ignored prohibit open containers of alcoholic work in moving this important legisla- and funds under this bill would be dis- beverages in automobiles. Their suc- tion through the Senate. tributed for various political reasons cessful passage and implementation Senator CHAFEE has been most cour- and, apparently, for the main reason will assist law enforcement officials in teous in his willingness to listen to the that this is the way we have always reducing the all too real threat that concerns of the donor states during the done it. drunk drivers pose to our families and course of this debate. His efforts to as- I support this bill as a first step in fi- friends. Mr. President, if one tragedy sist us are sincerely appreciated. Mr. nally achieving fairness. It is my hope like those that have affected so many WARNER introduced the original bill that our colleagues in the House and of us can be avoided, I believe these that would ensure that donor states are our colleagues who will sit on the Con- laws will have served their purpose. protected from the devastating rates of ference Committee can achieve greater In addition, I maintained my strong return on their allocations that some equity. support for the enhancements provi- of us have seen in the past. His deter- Mr. GLENN. Mr. President, I rise sions of this law. These enhancements mination and his diligence in this have today to express my strong support for provide states with much needed funds also been noticed and are appreciated. the legislation to reauthorize the for historic preservation, bicycle trails, I will vote for this measure, but I do Intermodal Surface Transportation Ef- and pedestrian walkways. I cospon- so reluctantly. The reason for my dis- ficiency Act (ISTEA) of 1991. In 1991, sored an amendment to provide $25 mil- satisfaction is that under it, South the Congress passed the first ISTEA lion a year for six years in annual ap- Carolina remains a donor State and bill. Upon its enactment, ISTEA revo- propriations for the preservation of would receive only about 90% of its lutionized transportation funding in historic covered bridges. Ohio has the share of contributions back from the the United States. Prior to ISTEA, second highest number of covered program. Many of my colleagues may states like Ohio gave substantially bridges in the United States. Of the 144 wonder at the intensity with which we more in support of the national high- covered bridges in Ohio, 126 of these who represent so-called ‘‘donor states’’ way system than we received in return. will be eligible for this funding. approach this issue. South Carolina has While we understood that the comple- ISTEA II continues other important sent, every year since the program tion of the national highway system programs like the Disadvantaged Busi- began in 1956, more money to fund the was a goal worthy of support, in 1991 ness Enterprise (DBE) program, which highway needs of other states than that system was 95% complete. It was provides opportunities for women and have been sent back to us. The total time to shift our priorities and our re- minority owned businesses to partici- loss, in the case of South Carolina, now sources accordingly. As one of the larg- pate in the highway construction in- stands at over $1 billion and will con- est of these so-called ‘‘donor states,’’ I dustry. In 1996, businesses owned by tinue to rise. At first, this disparity worked with my colleagues to enact a non-minority women in Ohio received was justifiable to build the Interstate law that provided a better return on $79.5 million and minority-owned Ohio Highway System across the nation, and our transportation dollars, allowed firms received $74.4 million, represent- our constituents accepted this will- flexibility for states and localities in ing 22.7% of the total contracting dol- ingly. There was always the expecta- determining transportation spending lars awarded in Ohio. The DBE pro- tion that when this good purpose was priorities, and that provided a record gram enhances opportunities for all acheived, we would then be assisted amount of funding for alternatives to Ohioans and I am proud to lend my with our own road needs. After all, we highway transportation like transit, strong support. had to postpone tending to our own in- light rail, and pedestrian walkways. Mr. President, an ancient Chinese frastructure while the Federal Govern- The second step in this new transpor- proverb states that a journey of a thou- ment used the gasoline tax for prior- tation journey, ISTEA II reduces fur- sand miles must begin with a single ities elsewhere. ther the inequitable relationship be- step. In the case of ISTEA II, the sec- However, every six years, with each tween donor and donee states, stream- ond step is just as important. ISTEA II subsequent highway bill, new justifica- lines programs to improve their effi- is the logical next step in furthering tions are brought forth as to why the ciency, and increases the flexibility of our nation’s transportation interests needs of other states are greater than states and localities in spending high- and priorities. ours. Those justifications range from way funds for alternate modes of trans- Mr. LEVIN. Mr. President, this bill is air pollution and aged infrastructure in portation. Mr. President, the bill pro- going to help the State of Michigan ad- the Northeast to the completion of the vides a record return for donor states, dress crucial transportation needs. Our Appalachian Highway System. South ensuring that Ohio and all donor states highway infrastructure and our transit Carolina has some roads in the Appa- realize returns of 91 cents on every systems desperately require the in- lachian Highway System, but we do transportation dollar contributed to creased funding that this bill promises not consider those roads to be any the Highway Trust Fund. For Ohio, to deliver. We should celebrate that more or less a priority over needs of that translates to $5.2 billion over six Congress is finally spending all or near- others in the rest of our State simply years, an average of $868.9 million a ly all the gas tax money put into the because of that status. We never seem year. Nationally, ISTEA II authorizes Highway Trust Fund on transpor- to receive the consideration we de- the spending of $151.4 billion over six tation. This means somewhere between serve. years, averaging $25.2 billion a year. $250 million to $300 million more for All that we ask is that the system be In addition to these formula funds, Michigan. fair. As it happens, not only is fairness Ohio will receive $65 million per year However, this bill is a complex tangle in returning to States the same per- over five years for the High Density of programs and funding. When the cent as they put into the fund the right Transportation Program, the Appa- bill’s managers sought to summarily thing to do, it is the most efficient sys- lachian Development Highway System add roughly $26 billion in new funding tem for financing our infrastructure. Program, and other programs impor- to the reported bill without sharing My colleagues may remember that in tant to our state. much information about how this the ISTEA bill of 1991, we requested a The bill provides $41.3 billion for would impact Michigan or the other study by the General Accounting Office transit over five years, including $500 donor states (states which pay more on how we should distribute highway million for rural transit, $100 million into the Highway Trust Fund than funds. The GAO issued that report in for welfare to work funding and other they receive out of it), I objected. As a March 12, 1998 CONGRESSIONAL RECORD — SENATE S1849 Senator from a historical donor state, I guished colleagues who have managed Secretary Brad Mallory, with whom I saw no reason to rush to send more of this bill, with special appreciation to have discussed the pending legislation, Michigan’s gas taxes out to other Senator CHAFEE, Senator BAUCUS, Sen- S. 1173 puts Pennsylvania at a dis- states. Then, when the Federal High- ator WARNER, Senator D’AMATO, and advantage because it folds the federal way Administration provided a chart others. But in the final analysis, I feel bridge program into a larger funding showing Michigan’s share of this new constrained to vote against the bill be- scheme and will result in less funding money was actually lower than our cause it reduces the share of federal for rehabilitating our more than 23,000 share in the reported bill, my objection highway funds for my State, the Com- bridges. was justified. monwealth of Pennsylvania, under the At a time when my travels through- I and other donor state Senators met formula. I will vote against the bill out the Commonwealth suggest that with the bill managers to encourage with reluctance, but I feel it important there has never been a greater need to them to accept changes to the bill that to register my disagreement, as will invest in Pennsylvania’s roads, high- would improve our return on taxes sent my distinguished colleague, Senator ways, and bridges this bill would un- to the Trust Fund. We argued for eq- SANTORUM, with the hope that these dermine our ability to meet pressing uity and fairness. But, because of the disparities will be improved in con- needs in the 67 counties which com- way these bills are constructed, it is ference. prise the Keystone State. hard for any state to improve its stand- While opposing the bill for specific During the last few months, as the ing without other states losing. reasons, which I shall enumerate, there ISTEA bill was drafted, considered in Committee, and brought to the floor, Then, the Majority Leader, as is his are many portions of the bill which I much has been made about ‘‘donor’’ right and responsibility, sought unani- believe are very sound indeed as I will States, ‘‘donee’’ States, and concepts mous consent to override germaneness describe shortly. requirements in order to adopt the tax When one thinks of roads, highways, such as ‘‘minimum allocation.’’ Sen- ators from States which have felt ag- and transit titles to the bill. I objected and bridges, one thinks of Pennsyl- grieved under previous formula alloca- because I did not feel that Michigan vania. There are records of a public tions have instituted regional warfare had yet been adequately treated. We road in Philadelphia County dating and sought to prevent States such as were certainly not at or above the so- back to 1696. Inspired by George Wash- called ‘‘91% guaranteed’’ return level, Pennsylvania from retaining their ington’s own surveys as a means for share of spending from the Highway according to Federal Highway Admin- western movement, one of the oldest istration charts. My objection slowed Trust Fund. highways in the nation is now U.S. While I am sympathetic to any Sen- the bill down a little, but it gave me Route 40 (the National Road), which and other Senators, including Senator ator’s wish to maximize federal spend- passes through Somerset, Fayette, and ing in his or her State, it is not logical ABRAHAM, the time to work with the Washington counties and was built be- to presume that there must be percent- bill managers to fashion a more equi- tween 1811 and 1818. And, the first pri- table bill. age equities involved in our nation’s vately built toll road, the Lancaster infrastructure spending. In our federal The bill managers agreed to some Pike, was constructed from 1792 to 1794. further assistance for seven donor system, and with such a diverse nation, Now, as Pennsylvania prepares to there will always be differences in how states, including Michigan, which we enter the 21st Century, this legislation accepted and appreciated. And, I much the government provides. In is of critical importance to the Com- Pennsylvania, we are fortunate not to pushed a little more to get Michigan monwealth because it now has nearly eligible for the new pot of money made have the kind of earthquakes which 119,000 miles of public highways, with rock California and necessitate billions available for the ‘‘high-density trans- 27,183 miles eligible for federal highway portation program.’’ These two efforts in Federal disaster assistance. Simi- funding and over 23,000 bridges over 20 larly, we do not begrudge the millions now should add about $20 million annu- feet in length which are eligible for ally to our average annual expected al- spent by the Federal government on federal rehabilitation and replacement location to about $842 million over the Florida’s efforts to restore the Ever- funds (and of which 40 percent are clas- next six years. glades, or the federal tax credits which That is the good news. More of the sified as structurally deficient or func- are designed to stimulate oil and gas gas tax money being collected will be tionally obsolete based on federal production in Oklahoma and Texas. returning to the states for transpor- bridge criteria). As I noted in my letters with Senator There is much that is worthwhile in tation purposes. Unfortunately, though SANTORUM to Chairman CHAFEE, Chair- the ISTEA bill being considered by the more is being distributed, Michigan’s man WARNER, and Senator BAUCUS Senate, including record levels of return is not likely to improve by more dated September 12, 1997, Pennsylva- spending on highways and mass tran- than a few pennies on the gas tax dol- nia’s contribution to the Nation is sit. Further, the bill contains funding lar. In the last year of ISTEA, Michi- often through its roads and highways, gan sent $631 million to the Highway for programs I support, such as the de- which serve a vital role in interstate Trust Fund account and got back $605 velopment of magnetic levitation commerce, connecting East and West, million. Under ISTEA II (average), transportation systems, innovative as well as North and South. For eco- Michigan will send $932 million to the bridge research and development, and nomic, environmental, and safety rea- Highway Trust Fund and receive back intelligent transportation systems. sons, there is a tremendous need to re- Nonetheless, I am greatly troubled $842 million. So, although the overall habilitate Pennsylvania’s highway sys- that the pending bill would reduce pie has been increased by 39%, Michi- tem, and I am deeply concerned that Pennsylvania’s share of the total high- gan’s slice has only increased by about the funding level envisioned in this bill 34%. way formula from the 4.32 percent is not adequate to the task. Mr. President, I am voting for this share under the original ISTEA law Since the bill has been pending, it bill because it takes a few small steps (FY92–97) to 3.79 percent. In actual dol- has been improved to some degree by on the long road toward fairness for lars, Pennsylvania averaged $890 mil- the adoption of provisions designed to Michigan. We fought hard for those lion annually through the original increase spending from the Highway steps. But, while Michigan is getting ISTEA law (including earmarked Trust Fund. Initiated by the Byrd- considerably more money, it will con- projects), whereas the Environment Gramm amendment, which I cospon- tribute more still into the Highway and Public Works Committee reported sored last Fall, this bipartisan effort to Trust Fund, leaving Michigan in a sig- bill only provided Pennsylvania with raise the highway funding levels in this nificant ‘‘donor state’’ status. I hope an annual average from FY98–2003 of bill met with some success. Particu- my colleagues in the House will be suc- $836 million, an average reduction of larly helpful was that the Byrd-Gramm cessful in their upcoming battle. federal spending of $53 million, making amendment sought to increase funding Mr. SPECTER addressed the Chair. my State one of only two States to lose for continued work on the Appalachian The PRESIDING OFFICER. The Sen- funds under the bill’s new formula Regional Highway System, where ator from Pennsylvania. (Massachusetts being the other). Fur- Pennsylvania has the most miles of un- Mr. SPECTER. Mr. President, at the ther, according to the Pennsylvania finished roads of any State included in outset, I congratulate my distin- Department of Transportation, and the 13–State Appalachian region. S1850 CONGRESSIONAL RECORD — SENATE March 12, 1998 On paper, the pending bill as amend- $24 billion was added for highways, it increased timespan, it could go to the ed by Senator CHAFEE’s amendment was imperative to increase transit’s State College and Lewistown as well. suggests that Pennsylvania would re- share as well, and I was pleased to join The cost of maglev, as represented to ceive an average of $955 million annu- Senator D’AMATO, Senator SANTORUM, me, is about $20 million a mile, so a ally in highway apportionments, up and 21 other Senators in a letter dated 300-mile run, approximately, from from the $836 million figure in the ver- February 24 to the Republican and Philadelphia to Pittsburgh could be sion of the ISTEA bill reported out of Democratic Leaders in which we called constructed at a cost of some $6 billion, the Environment and Public Works for the historic balance between high- which is not out of line when you con- Committee. However, the funds added way and transit spending to be ob- sider the Los Angeles subway system is by the Chafee amendment (based on served. receiving a Federal allocation of some the Byrd-Gramm amendment) are all I am pleased that the Senate accept- $3.1 billion of its $6 billion total cost. If dependent on how high an obligation ed by voice vote 2 days ago my amend- we are to have economic expansion in ceiling is set each year by the Appro- ment to establish a Reverse Commute the future, we do need to take care of priations Committee. If the obligation Program as a discretionary grant ad- the infrastructure. It ought to be noted ceiling on spending is not set high ministered by the Federal Transit Ad- that there are adequate funds to pro- enough in the annual Transportation ministration. Recently, I visited the vide for this kind of funding in the Appropriations bill, the figures antici- Bala Cynwyd station, which would highway trust fund, which has as its pated by the Chafee bill will not mate- serve a proposed 62-mile light rail sys- purpose highways, bridges and mass rialize and Pennsylvania will be tem running from the center of Phila- transit, to be used for that instead of hardpressed to match the annual re- delphia to Reading, PA, known as the being integrated into the overall budg- ceipts from the original ISTEA for- Schuylkill Valley Metro. This project et to make the deficit look less mula. exemplifies the type of reverse com- problemsome. I am hopeful that in conference, mute system that is very important be- I have worked with MAGLEV, Inc. in where we have Chairman Bud Shuster cause it can take people who need jobs Pittsburgh since the mid-1980’s to ob- from Pennsylvania, the chair of the from the inner city to the suburbs tain federal support for that company’s House authorizing committee, the for- where employers are in need of employ- effort to research and develop a maglev mula allocation will be made more eq- ees. system in Pennsylvania. Now, we are uitable for Pennsylvania. But in the in- I had first proposed a Reverse Com- at the brink of a maglev age, I believe, terim, I believe that my vote nec- mute Program in S. 764 and believed with MAGLEV, Inc. looking into a 60- essarily should be cast against this that it was a worthwhile addition to mile route from Greensburg, Pennsyl- bill. the Banking Committee bill. My vania through Pittsburgh to the Inter- Mr. President, while I have specified amendment, offered with Senators national Airport as its first segment at portions of the legislation that I am SANTORUM, MOSELEY-BRAUN and an estimated cost of $1.3 billion. opposed to, I do want to acknowledge D’AMATO, authorized this new $100 mil- Not only does maglev have the the significant increases for mass lion/year program and increased from chance to revolutionize travel, it would transportation where, through the $100 million to $150 million the author- mean billions of dollars in steel and leadership of Chairman D’AMATO of the ization for the new access to jobs/wel- construction materials and thousands Banking, Housing, and Urban Affairs fare to work program in the bill. The of jobs for America’s steelworkers and Committee, some $5 billion has been Reverse Commute Program is designed others who would fabricate the steel added to the $36 billion already in the to facilitate access to suburban job op- and concrete guideways. bill, which will facilitate to a number portunities for residents of cities, This bill provides a total of $30 mil- of very, very important mass transit small towns, and rural areas. That is lion in contract authority in FY99 and projects. where mass transit can be most effec- FY2000 for capital assistance for devel- Because this is a significant bill with tive and where there is a great need for opment of a maglev system selected many aspects worth commenting on, I the federal government to stimulate after a careful review by the Transpor- wish to note a few of its highlights. the transportation marketplace. I am tation Secretary, and more than $900 First, I am very pleased that Chairman hopeful that this program will be pre- million in authorizations of appropria- D’AMATO has shown such leadership in served in conference and look forward tions in the outyears. While I would crafting a $41 billion reauthorization of to working with my colleagues to en- have preferred more contract author- federal transit programs, including $17 sure that the House accepts it. ity, given the difficulties of obtaining billion for discretionary grants overall The transit provisions also include a substantial appropriations, it is impor- of which nearly $8 billion will be for fix in the formula by which the fixed tant that this transportation bill rec- New Starts such as the Schuylkill Val- guideway modernization funds are allo- ognize that the future of transpor- ley Metro from Philadelphia to Read- cated, so that Pittsburgh’s system gets tation may well be maglev and it mer- ing, the rehabilitation of the light rail an incremental adjustment it has its an investment at this time. This system in Allegheny County, and pos- sought since the 1991 ISTEA law was bill, therefore, represents a real break- sibly a light rail system in the Harris- enacted. through for the efforts of MAGLEV, burg-Carlisle area. I am also pleased to note that this Inc. in Pittsburgh and others who sup- As a member of the Transportation bill contains the text of legislation port this new technology. Appropriations Subcommittee, and as which Senator MOYNIHAN and I have co- I am pleased to note that the Senate the co-chair of the Senate Transit Coa- sponsored which will provide funding accepted by voice vote my amendment, lition, I have worked hard for several for the development of magnetic levi- cosponsored by Senators MOYNIHAN and years to increase funding on mass tran- tation, maglev, which has enormous SANTORUM, to extend eligibility for fed- sit. Last July, I introduced my own potential to benefit the United States. eral funding assistance to the pre-con- transit reauthorization bill (S. 764), the Recently, I visited a maglev trial run struction planning activities associ- Mass Transit Amendments Act of 1997, in Germany on a train which traveled ated with maglev projects in Pennsyl- with Senators SANTORUM and LAUTEN- about 250 miles an hour, a really ex- vania and elsewhere. I intend to fight BERG to give the Banking Committee hilarating experience. Maglev could to retain this amendment in conference some idea of the bipartisan consensus provide transportation, nonstop, from with the House of Representatives and for increased transit spending. Accord- Philadelphia to Pittsburgh in 1 hour 30 to work with the Secretary of Trans- ingly, I am very pleased that the Bank- minutes. In 2 hours 7 minutes, the portation to ensure that these funds ing Committee title represents real in- train could go from Philadelphia to are made available expeditiously to creases in transit spending, particu- Pittsburgh and could make intermedi- qualified entities, such as Pittsburgh’s larly now that a bipartisan group of ate stops at Lancaster, Harrisburg, Al- MAGLEV, Inc., which are well on their Senators succeeded in obtaining the toona, Johnstown, Greensburg, and way to bringing this technology from additional $5 billion in negotiations then a final destination in Pittsburgh, the drawing boards to reality. with the Leadership and Budget Com- with enormous economic development It is also significant that the ISTEA mittee Chairman DOMENICI. Once the for those communities. With a slightly bill includes a $100 million program for March 12, 1998 CONGRESSIONAL RECORD — SENATE S1851 innovative bridge research and con- to preserve this important element of were briefed by the Pennsylvania De- struction, which I sought with my col- our culture. partment of Transportation, I believe leagues on the Senate Steel Caucus in Mr. President, reauthorizing the 1991 that we are now in a position to initi- a letter to Chairman CHAFEE dated ISTEA law also provides Congress an ate and complete substantial improve- July 25, 1997. Our nation’s bridges are opportunity to single out vital high- ments to 10.2 miles of Route 309 from rapidly deteriorating, presenting seri- way and transit projects throughout Greenwood Avenue to Welsh Road dur- ous safety concerns to the traveling the nation for special funding. There ing the five years covered by the public and forcing restrictions on are many, many projects which deserve ISTEA bill. PennDOT has already un- bridges unable to accommodate heavy such consideration, and, as I did in my dertaken some preliminary engineering vehicles. The need to invest more heav- Senate Floor statement of June 18, work and this $188 million project ($97 ily in bridge infrastructure is clear, 1991, I think it worthwhile to comment million federal share) would include and this program will fund basic and on a few in my State of Pennsylvania. pavement reconstruction, lengthening applied research designed to develop I cannot cover them all, of course, in of acceleration and deceleration lanes, innovative, cost-effective steel bridge these remarks, but the following high- widened shoulders, replacement of applications to improve lifespan and way and transit projects are indicative signs and guide rails, and drainage im- performance, as well as fund field test- of the needs we have across the Com- provements. As someone who travels ing of this research. monwealth for improved, safer roads regularly on Route 309, I urge my col- As we consider the ISTEA II bill, I and for new public transportation fa- leagues to designate this highway as a remain convinced that Congress needs cilities. high priority for federal construction to do more to spend the funds which EXAMPLES OF KEY PENNSYLVANIA HIGHWAY funds in this bill. have accumulated and will continue to AND TRANSIT PROJECTS Interstate 95/Pennsylvania Turnpike accumulate in the Highway Trust Fund Schuylkill Valley Metro—At a time Interchange—For those of us who live and the Mass Transit Account. In 1991, when we need to do more to facilitate and travel extensively in the Philadel- during consideration of the original travel from downtown metropolitan phia area, it is still hard to believe ISTEA bill, I offered an amendment to areas to suburban job centers, I am that there is no connection between take the transportation trust funds off- pleased that the Southeastern Pennsyl- Interstate 95 and the Pennsylvania budget for the purpose of ensuring that vania Transportation Authority Turnpike, two of the most significant all federal gas tax receipts are spent on (SEPTA) is working with the Berks highways in the Northeast. At long transportation infrastructure and not Area Reading Transportation Author- last, this legislation offers us the used to mask the true size of the defi- ity (BARTA) to develop light rail or chance to construct an interchange, cit. In June, 1991, my amendment was commuter rail service between Phila- which will reduce congestion on local defeated by a 29–69 vote, failing to ob- delphia and the Reading area. This roadways, facilitate the movement of tain the 60 votes needed to waive the project involves the construction of a goods through Pennsylvania and New limitations of the Budget Act. Perhaps 62-mile corridor between Philadelphia Jersey, and reduce motorist confusion that amendment was ahead of its time, and Wyomissing, via Norristown, when traveling from one of these road- given the more recent success of Con- Phoenixville, Pottstown, and Reading. ways to the other. This $572 million gressman SHUSTER in lining up support The new rail line would stop at 28 sta- project ($337 million federal share) for his off-budget proposal. I believe tions and serve an estimated 30,500 pas- would entail construction of a high- that when Americans pay at the pump, sengers/day if light rail, or 20,800 if speed interchange, widening sections of either as individuals or on behalf of commuter rail. I visited one of the pro- the Turnpike and I–95 near the inter- businesses, there is an understanding posed stations in Bala Cynwyd on change from four to six lanes, modi- that their fuel taxes will be spent on March 2, 1998, and believe that the fication of toll facilities, and increas- improving the roads and bridges on Schuylkill Valley Metro exemplifies ing the capacity of the Delaware River which they are driving and improving the type of transit project for which Bridge through construction of a new mass transit. Accordingly, I am hope- the New Starts account was developed. parallel structure. On February 18, ful that my colleagues will soon enter- Total project cost estimates are $720 1998, I joined Congressman JIM GREEN- tain a proposal to take the transpor- million for light rail ($576 million fed- WOOD in visiting the site of the pro- tation trust funds off budget or, at the eral share) and $403 million for com- posed interchange and came away even very least, ensure that prospectively muter rail ($322.4 million federal more impressed than before by the every dollar which comes in is spent on share). need for funding this vital project in improving our transportation infra- Frankford Transportation Center— Bucks County. structure. On May 12, 1997, I joined Congressman Philadelphia International Airport— Among the positive elements of this ROBERT BORSKI at the site of the pro- There are plans to construct a new $300 bill which deserve commendation are posed Frankford Transportation Cen- million international terminal at the the increases in funding for the Conges- ter, which is the final piece of SEPTA’s Airport, which is expected to generate tion Mitigation and Air Quality Frankford Elevated Reconstruction 3,000 jobs and more than $3 billion in (CMAQ) improvement program by an project, the largest capital project in economic activity. This project is criti- average of 18 percent over current lev- SEPTA’s history. SEPTA seeks $112 cal to the Airport’s emergence as a els. These funds are available with sub- million in federal funds for this $140 major international gateway, and I am stantial flexibility to the State to pro- million project, which would include hopeful that the final bill will include vide to communities for projects reduc- construction of a new transit center funds for roadway and ramp improve- ing traffic congestion, such as the and parking facilities at the Bridge- ments involving Interstate 95 and local Pittsburgh Airport Busway, a signifi- Pratt Terminal and the realignment roads, which will cost an estimated $90 cant mass transit project undertaken and rehabilitation of the elevated million. by the Port Authority of Allegheny guideway between Dyre Avenue and Mon Valley-Fayette Expressway/ County which will have a positive im- Bridge Street. A new terminal will Southern Beltway—Since the mid- pact on air pollution in that region. serve elevated, bus, and trackless trol- 1980’s, I have worked with elected offi- I was pleased to cosponsor an amend- ley passengers, taking thousands of cials from Allegheny, Washington, and ment by Senator JEFFORDS which will cars off Philadelphia’s streets each Fayette Counties, the Pennsylvania establish a new grant program to pre- day. Turnpike Commission, and the Mon serve and rehabilitate our nation’s his- Route 309 Improvements/Montgomery Valley Progress Council to obtain toric covered bridges. In many parts of County—For many years, there have funds for this very important project, Pennsylvania, such as Berks County, been far too many accidents along which has tremendous economic devel- covered bridges are tourist attractions Route 309 in suburban Montgomery opment potential from West Virginia which generate economic growth and County, particularly in the vicinity of into Pittsburgh and to the Pittsburgh necessary means of transportation for the Fort Washington Interchange. International Airport. The seven seg- residents. Many are in substandard Based on my recent visit in February, ments of the Expressway and the Belt- condition and these funds are intended 1998, where Congressman JON FOX and I way will cost $2.5 billion to complete S1852 CONGRESSIONAL RECORD — SENATE March 12, 1998 ($1.8 billion Mon Valley-Fayette, $700 York via Somerset, Cambria, river crossings and spur economic de- million Southern Beltway) and will in- Clearfield, Jefferson, Elk, and McKean velopment in the area. clude 92.5 miles of new toll road in the Counties. The 1991 ISTEA law provided Pittston Airport Access Road—In Au- Pittsburgh region. To date, $24 million $89 million in federal funds for Route gust, 1997, I toured the site of this pro- in federal funds have been allocated for 219 projects, as I had urged in my Sen- posed $8.3 million project ($6.6 million the entire project. Some of the seg- ate floor speech of June 18, 1991. Since federal share), which would create a ments have recently entered the initial then, I have met with the U.S. Route new 1.6 mile access road connecting the construction phase, while others must 219 International Trade and Travel Cor- main entrance of the Wilkes-Barre/ still undergo environmental studies. In ridor Coalition in Washington and have the economically depressed areas of spoken to local officials and countless Scranton International Airport to sev- Southwestern Pennsylvania, a highway Pennsylvanians who support improve- eral commercial and industrial sites on project of this magnitude, linking ments to Route 219 which are necessary airport land and on two industrial Interstate highways in the region for to establishing a major trade corridor tracts southeast of the Airport. Both commerce and tourism, will bring new and generating substantial economic Congressman PAUL KANJORSKI and I opportunities for growth and economic development in the region. Although agree that this project merits ISTEA expansion. Now, more than ever, Con- the total price tag for upgrading the funding because the benefits of build- gress needs to recognize the potential entire Route 219 corridor of $3.4 billion ing this road include reduced traffic of this project and provide the funding is too much to obtain in this one piece congestion and improved public safety necessary to complete construction of legislation, I believe Congress should and the prevention of traffic accidents once and for all. provide substantial funds for engineer- such as those that have occurred along Allegheny County—Stage II Light ing and construction of high priority several narrow and winding roads near Rail Transit—Allegheny County has segments within the Route 219 cor- the industrial development. made a real investment in mass transit ridor. Lackawanna Valley Industrial High- in recent years, particularly on the Wilkes-Barre Intermodal Transpor- way—Congressman MCDADE has been Airport Busway/Wabash HOV project, tation Center—I have been pleased to active in the House of Representatives which I have been pleased to support as work for more than one year with in support of a $2.2 million project to a member of the Transportation Appro- Wilkes-Barre Mayor Tom McGroarty, construct a new ramp between Exits 56 priations Subcommittee. The next sig- who first proposed this to me and Con- and 57 on Interstate 81 in Lackawanna nificant undertaking by the Port Au- gressman PAUL KANJORSKI in February, County as an extension of the $360 mil- thority of Allegheny County is a 1997. This $17.3 million transportation lion Lackawanna Valley Industrial project to reconstruct 12 miles of its 25 center ($13.8 million federal share) Highway project. The proposed on-off mile light rail system, including up- would coordinate multiple modes of grading the Overbrook, Library, and transportation by combining a bus ter- ramp will improve traffic conditions on Drake trolley lines to light rail stand- minal for Luzerne County Transpor- I–81 and provide more direct access to ards, as well as the addition of 2,500 tation buses and inter-city buses, as the 180-acre Viewmont Mall/Viewmont park and ride spaces and the acquisi- well as a taxi loading area and a park- Commerce Center and Dickson City tion of 27 new light rail vehicles. I met and-ride lot. Having visited the site in Crossings. In addition, it will provide with local officials and the leadership April, 1997 and in February, 1998, I am access to 450 acres of adjacent prop- of the Port Authority on February 20, confident that the Center will increase erty. Local officials support the project 1998 at South Hills Junction and be- downtown economic development by because it will reduce traffic conges- lieve that this $493 million project ($394 providing additional parking, improve tion and facilitate development at million federal share) deserves full con- safety by loading and unloading pas- these commercial facilities, creating sideration for funding within the tran- sengers in a designated area, and re- an estimated additional 1,700 full-time sit New Starts account. This is espe- duce traffic congestion by encouraging and part-time jobs in the area. cially true when one notes that the the use of mass transit. I was pleased U.S. Route 222 (Berks County)— Stage II project is expected to carry to obtain $1.5 million for this project in Throughout parts of Berks County, it 25,000 riders daily by 2015 and thus re- the FY98 Transportation Appropria- is well-recognized that there is a need move 2,000 daily automobile trips from tions Act for initial engineering and for improvements to U.S. Route 222, local roads. design work and believe that it merits which are estimated to cost $195 mil- North Shore Central Business Dis- designated funds in this ISTEA legisla- lion. In the 1991 ISTEA law, we were trict—City and regional planners in tion. able to obtain $6.6 million for the War- Pittsburgh have proposed the develop- Erie East Side Connector—In 1991, I ren Street Bypass Extension North ment of a complete transportation im- was pleased to join with then-Congress- project, which is being used at present provement package, including transit, man Tom Ridge in support of $7.5 mil- for construction that should be com- roadway, pedestrian and parking that lion specifically included in the origi- pleted in November, 2000. Three other accommodates both the access and nal ISTEA law for preliminary engi- segments of U.S. Route 222 deserve con- connectivity needs of existing activi- neering and environmental impact sideration for special priority in this ties in the district and the needs of sev- statement for the Erie East Side Con- bill, including the Warren Street By- eral proposed development projects. nector project. Construction of this pass Extension South, Lancaster Pike Working with the Port Authority of project will cost $94 million and in- Reconstruction (widening and recon- Allegheny County, local economic de- volves a new 4-lane highway to connect structing four miles of Route 222 from velopment leaders believe that a fixed the Bayfront Parkway in the City of Grings Hill Road to the Berks/Lan- guideway transit system and inter- Erie to I–90 at Exit 9. This project has caster County Line), and construction modal facility is an essential part of the support of Congressman PHIL of a new interchange between Route 222 any plan for this part of Pittsburgh. ENGLISH and local officials because it and State Route 183 in the City of will help stimulate economic growth Initial estimates are that $190 million Reading. are needed for this project. on Erie’s East side and represents a U.S. Route 219—‘‘Continental One’’— missing link in the region’s transpor- U.S. Route 30—Lancaster County is Another matter of great importance, tation infrastructure. one of the fastest growing counties in from a safety and economic develop- Allentown American Parkway—This population and economic growth ment perspective, is the effort to up- $35 million project involves a 1.6 miles throughout Pennsylvania and its infra- grade the U.S. Route 219 corridor controlled access, four-lane highway structure needs to keep up with in- throughout Pennsylvania as part of a and new bridge connecting both the Al- creased demands. For several years, long-term project to create the Con- lentown central business district and there has been an effort to improve tinental One superhighway and NAFTA the riverfront area of the city to U.S. Route 30, particularly for safety con- trade corridor from Canada to Mexico. Route 22 and the Lehigh Valley Inter- cerns. Specifically, the $86 million Route 219 stretches 199 miles through national Airport. The goal would be to Route 30 Bypass multi-lane highway Pennsylvania from Maryland to New relieve congestion on the three existing project will be the final connecting March 12, 1998 CONGRESSIONAL RECORD — SENATE S1853 link across Southeastern and South ever-growing unmet needs in the area eral government’s underinvestment in Central Pennsylvania, with the ‘‘East’’ of highway construction and the main- our infrastructure, I felt that it was es- Section stretching from U.S. Route 222 tenance of our nation’s bridges. During sential that the Senate have an oppor- to PA Route 340 in Manheim and East the summer of 1996, at the behest of tunity to vote on whether or not we Lampeter Townships and the City of both the majority and the minority mean what we say when we place high- Lancaster, and the ‘‘West’’ Section leaders, I deferred offering my amend- way tax revenues into the Highway stretching from PA Route 741 to PA ment to transfer this tax into the Trust Fund. Route 72 in East Hempfield and Highway Trust Fund on two separate I was first joined in the amendment Manheim Townships and the City of tax bills. Unfortunately, another op- by my colleague, Senator GRAMM. Lancaster. portunity to offer my amendment did Shortly thereafter, our efforts were Williamsport-Lycoming County Air- not arise during the 104th Congress. given a great boost when we were port Access Road—I have met regularly Last year, at the beginning of the joined by Senator BAUCUS, the Ranking with representatives from Lycoming 105th Congress, I found a strong ally for Member of the Surface Transportation County and the City of Williamsport on my efforts in my colleague, Senator Subcommittee, and Senator WARNER, their transportation needs, particu- GRAMM of Texas. During debate on the the subcommittee’s chairman. Despite larly for improvements in the vicinity budget resolution last year, Senator substantial early opposition from cer- of the Williamsport-Lycoming County GRAMM offered a sense of the Senate tain Senators, including the Chairman Airport. In the House, Congressman resolution supporting the transfer of of the full Environment and Public MCDADE has sought an earmark for $12 the 4.3 cents-per-gallon gas tax from Works and Budget Committees, Sen- million in federal funds toward the $15 deficit reduction to the Highway Trust ators GRAMM, BAUCUS, WARNER, and I million project cost to construct a new Fund, and the spending of that revenue diligently sought to obtain co-sponsors access road from Interstate-180 to the on our highway construction needs. for our amendment. In total, we were Airport. The primary objective is to Senator GRAMM was joined by 81 of our able to secure an additional 50 co-spon- improve access to the Airport (which is colleagues in support of this resolu- sors, making a total of 54 co-sponsors essential to its ability to grow as a re- tion. Later that year, when the Fi- for the Byrd/Gramm/Baucus/Warner gional transportation hub), provide de- nance Committee marked up the Tax- amendment. velopment opportunities on lands adja- payer Relief Act of 1997, Senator Our amendment authorized addi- cent to the Airport, and to coordinate GRAMM, a member of that committee, tional contract authority for highways these improvements with a levee sys- successfully included a provision trans- over the period Fiscal Year 1999 tem around the Borough of ferring the 4.3 cents to the Highway through 2003, totaling $30.971 billion. Montoursville to provide flood protec- Trust Fund. That provision became law That amount was the Congressional tion. with the enactment of the Taxpayer Budget Office’s estimate of the revenue Mr. BYRD. Mr. President, passage of Relief Act in August of 1997. from this portion of the 4.3 cents gas the Intermodal Surface Transportation In transferring this new revenue to tax that would be deposited into the Efficiency Act of 1997, signals a signifi- the Highway Trust Fund, the Congress highway account of the Highway Trust cant accomplishment for this session of was presented with an opportunity to Fund over that five-year period. In the 105th Congress. In passing this authorize and spend dramatically in- January of this year, the Congressional comprehensive six-year surface trans- creased resources on our highway Budget Office reestimated that five- portation bill, the Senate makes two needs. There is no question that these year figure to a level of $27.41 billion, profoundly important statements to funds are sorely needed. I have taken or a reduction of $3.561 billion from the American traveling public. First, to the Floor numerous times over the their earlier forecast. we are telling the American public that past three years to remind my col- At the end of last month, Mr. Presi- we are intent on using the revenues leagues of the hundreds of thousands of dent, it appeared that a true battle was that we collect at the gas pump, from miles of highways in the nation that brewing. The Senate was divided into the American highway user, on the are rated in poor or fair condition, and two camps—the camp of those that had purposes for which they were collected; the thousands of bridges across our na- joined with Senators BYRD, GRAMM, namely, the maintenance, upkeep, and tion that are rated as structurally defi- BAUCUS, and WARNER in support of au- expansion of our national highway and cient or functionally obsolete. Unfortu- thorizing the spending of the addi- transit systems. Second, we are telling nately, the highway bill, as originally tional revenue to the Highway Trust the traveling public that we intend to reported by the Environment and Pub- Fund, and the opposition, led by Sen- reverse the federal government’s lic Works Committee, did not author- ators DOMINICI and CHAFEE, who op- chronic underinvestment in our na- ize one penny of this new revenue to be posed this approach. This division was tional highway needs. spent on our nation’s highways and causing a delay in Senate consider- I want to take this opportunity to re- bridges. Indeed, under the funding lev- ation of the ISTEA bill, a delay that count the major milestones of a multi- els reported by the Environment and made all Senators uncomfortable since step process that brought us to this Public Works Committee for the high- we continue to face the May 1 deadline point where we will pass a highway bill way program, the unspent balance in beyond which most states cannot obli- calling for a full $173 billion of invest- the Highway Trust Fund (including gate any federal aid highway funds ab- ment over the six years, 1998 through both the highway and transit ac- sent a new authorization bill. At the 2003. I also want to thank the many counts), was expected to grow from end of last month, the Majority Lead- persons and organizations that have $22.9 billion at the beginning of 1998 to er, Senator LOTT, asked that all parties brought us to this point in time. more than $55 billion at the end of 2003, join him in his office for negotiations The Omnibus Budget Reconciliation the end of the ISTEA II authorization on this issue. While I must admit I was Act of 1993 assessed a new 4.3 cents gas period. Upon learning of this situation, not inclined to negotiate in a manner tax solely for the purposes of deficit re- I held several discussions on the sub- that would cause us to abandon our duction. This was the first time since ject with members of the Environment principle of authorizing the spending of the Highway Trust Fund had been es- and Public Works Committee, includ- the Highway Trust Fund revenue, I, tablished in 1956, that a permanent gas ing Chairman CHAFEE, and the Ranking along with Senator GRAMM, Senator tax was put on the books for a purpose Member, Senator BAUCUS. Following BAUCUS, and Senator WARNER, did join other than highway investment. In these discussions, I decided to prepare with the Majority Leader, and Senator May of 1996, our former colleague, Sen- an amendment which would authorize CHAFEE, Senator DOMENICI and, at ator Dole of Kansas, rekindled the de- the full amount of revenues going into times, Senator D’AMATO to discuss the bate on the appropriate use of the 4.3 the highway account of the Highway situation. After many days of back and cents-per-gallon gas tax. At that time, Trust Fund. Given the continuing dete- forth, and the very adept moderating I signaled to my colleagues my intent rioration of our nation’s highways in style of the Majority Leader, I was to offer an amendment to transfer the all 50 states, and the growing volume of pleased that an agreement emerged 4.3 cent gas tax to the Highway Trust concern on the part of the nation’s gov- that enabled us to add an amendment Fund so that it could be used for our ernors and state legislators, on the fed- totaling 25.920 billion dollars to the S1854 CONGRESSIONAL RECORD — SENATE March 12, 1998 highway bill. This amount represents tract authority proposed in the origi- National Association of Manufacturers. 94 percent of CBO’s most recent esti- nal Byrd/Gramm/Baucus/Warner National Association of Truck Stop Opera- mate of the revenue to the highway ac- amendment. Indicative of the support tors. count, stemming from the 4.3 cents gas received by these organizations was a National Governors Association. National Private Truck Council. tax. I was especially pleased that, as very strong statement given before the National Stone Association. part of these negotiations, Senator National Governors Association by the Recreation Vehicle Industry Association. DOMENICI, Chairman of the Budget President and CEO of the American Service Station Dealers of America. Committee, committed himself to find- Automobile Association, Robert L. The Road Information Program. ing the outlays through the budget res- Darbelnet, in which he expressed Transportation Construction Coalition. olution process to see to it that these strong support for the Byrd/Gramm/ Transportation Intermediaries Associa- funds will not just be authorized, but Baucus/Warner amendment. tion. Mr. President, I ask unanimous con- United Parcel Service. will also be spent through the annual U.S. Chamber of Commerce. appropriations process. Further, I ap- sent to have printed in the RECORD a Vulcan Materials. preciate the support of the agreement list of the 54 co-sponsors of the Byrd/ by the Distinguished Chairman of the Gramm/Baucus/Warner amendment, a ROBERT L. DARBELNET, AAA PRESIDENT & Environment and Public Works Com- list of the organizations which assisted CEO, NATIONAL GOVERNORS ASSOCIATION, mittee, Senator CHAFEE, as well as for in our efforts to bring the highway bill COMMITTEE ON ECONOMIC DEVELOPMENT AND his outstanding work in managing this to the Floor in an expeditious manner, COMMERCE, SUNDAY, FEBRUARY 22, 1998— complex bill over the several weeks and the aforementioned statement by WASHINGTON, DC. that it has been before the Senate. I Mr. Darbelnet, President and CEO of Governors, distinguished guests. also wish to recognize the cooperation the American Automobile Association. It is a pleasure to be here. And a privilege and support that I have received for There being no objection, the mate- to address you on behalf of AAA’s 40 million members. many months on my amendment to rial was ordered to be printed in the American motorists depend on their cars this important legislation by our Dis- RECORD, as follows: to get them to and from work, the Little tinguished Minority Leader Mr. CO-SPONSORS OF THE BYRD/GRAMM/BAUCUS/ League game, the grocery store. Safe and ef- DASCHLE. He joined as a cosponsor of WARNER AMENDMENT ficient roads and bridges are high priorities the Byrd/Gramm/Baucus/Warner Senator Akaka, Senator Ashcroft, Senator to them. And they have been paying $30 bil- amendment early on and was a staunch Baucus, Senator Bingaman, Senator Breaux, lion a year in federal gasoline taxes to keep advocate and supporter throughout. Senator Brownback, Senator Bryan, Senator their roads in good repair. On a matter that is of critical impor- Bumpers, Senator Burns, Senator Byrd, Sen- The problem is that the government has tance to this Senator, this amendment ator Campbell, Senator Cleland, Senator been siphoning off $10 billion a year to create the illusion of a smaller deficit. AAA strong- included $1.89 billion for the Appalach- Conrad, Senator Coverdell, Senator Craig, Senator Daschle, Senator DeWine, Senator ly supports a balanced budget, but not at the ian Development Highway System. Dodd, Senator Dorgan, Senator Faircloth, expense of essential public services. Coupled with the $300 million already Senator Feinstein, Senator Ford, Senator Last year, AAA supported efforts to redi- in the committee bill for this system, Glenn, Senator Gramm, Senator Grams, Sen- rect 4.3 cents per gallon of the gasoline tax total funding over the six-year ISTEA ator Harkin, Senator Helms, Senator Hol- from deficit reduction to the Highway Trust bill, for the Appalachian Highway Sys- lings, Senator Hutchinson, Senator Fund. While those efforts were successful, tem, will equal $2.19 billion, the full Hutchison, Senator Inhofe, Senator Inouye, there is still no authority to invest that amount requested by the Administra- Senator Jeffords, Senator Johnson, Senator money in transportation. Kempthorne, Senator Kennedy, Senator That’s why AAA is urging passage of the tion in their ISTEA proposal. Byrd-Gramm-Warner-Baucus Amendment to I ask unanimous consent that Sen- Kerrey, Senator Kerry, Senator Landrieu, Senator Leahy, Senator Levin, Senator the highway bill. We want that 4.3 cents per ator JEFFORDS be added as a cosponsor Lieberman, Senator McCain, Senator gallon invested in properly maintained roads to amendment number 1397, the so- McConnell, Senator Mikulski, Senator Nick- and bridges that improve traffic safety and called Byrd/Gramm/Baucus/Warner les, Senator Reid, Senator Rockefeller, Sen- reduce congestion. amendment, to S. 1173. ator Santorum, Senator Sessions, Senator In June 1996, AAA launched a national The PRESIDING OFFICER. Without Shelby, Senator Specter, Senator Thomas, campaign called ‘‘Crisis Ahead’’ to alert the objection. and Senator Warner. country about the rapid deterioration of our Mr. BYRD. That brings the total highway and bridges. We said at that time number of cosponsors to 54. Mr. Presi- BYRD/GRAMM/BAUCUS/WARNER AMENDMENT that unless our citizens and government pol- icymakers were moved to action, a national dent, I thank all cosponsors of our SUPPORT GROUP PARTICIPANTS American Automobile Association. crisis would be inevitable. amendment who, in effect, were trying Here we are nearly two years later and, un- to force the government to live up to American Automobile Manufacturers Asso- ciation. fortunately, the policy makers have not the commitment it made to the Amer- American Consulting Engineers Council. acted effectively. As a result, the crisis AAA ican people and require that money American Highway Users Alliance. predicted . . . may no longer be ahead. It collected in gasoline taxes for the pur- American Iron and Steel Institute. may already be here. pose of building roads actually be spent American Petroleum Institute. The numbers tell a tragic story: for that purpose. At various times over American Portland Cement Alliance. 1. Almost 30% of all motor vehicle crashes American Road and Transportation Build- are caused, at least in part, by poorly de- the course of the last several months, signed or maintained roads. many of these cosponsors spoke on the ers Association. American Traffic Safety Services Associa- 2. The number of people killed on our high- Floor in an attempt to bring to the at- tion. ways is rising—from 39,000 to 42,000 annually. tention of the leadership the impor- American Trucking Association. 3. In fact, according to the Department of tance of bringing up the ISTEA II bill Associated Builders and Contractors. Transportation, someone in the United as expeditiously as possible, and I Associated Equipment Distributors. States dies in a motor vehicle crash every 13 thank those members for their efforts. Associated General Contractors. minutes. In addition to the support of these Ashland Oil, Inc. To understand why things are deteriorat- cosponsors, we had outstanding support Carpenters Union. ing, consider this gap: Since 1960, vehicle miles traveled in this from a large number of outside organi- Construction Industry Manufacturers As- sociation. country jumped 234%. zations ranging from the American Contech Construction Products Inc. The taxes motorists paid to fix highways Automobile Association to the U.S. Donor State Industry Coalition. shot up 155%. Chamber of Commerce. I wish to thank Energy Absorption Systems Inc. But investment in our highway system all of these organizations, without Equipment Manufacturers Institute. plummeted 50%. whose support it would have been im- International Union of Operating Engi- To sum the situation up: Motorists are possible to have been successful in our neers. paying more taxes to drive more vehicles efforts to not only bring the bill up as Keep America Moving. more miles, over roads maintained with less Laborers’ International Union of North money. quickly as we were able to, but to have America, AFL-CIO. As a result: More than one-third of major adopted the Environmental and Public Motor Freight Carriers Association. U.S. roads are in poor to mediocre condition. Works Committee amendment, which National Asphalt Pavement Association. Almost a third of the nation’s bridges are provides some 94 percent of the con- National Association of Home Builders. dilapidated, too narrow or too weak to safely March 12, 1998 CONGRESSIONAL RECORD — SENATE S1855 carry traffic across them for much longer. Ellen Stein of Senator WARNER’s staff, I am pleased that our final bill in- The Woodrow Wilson Bridge here in Wash- and Jim English and Peter Rogoff of vests some $214 billion in our nation’s ington is a prime example. my own staff. Also, the majority lead- transportation infrastructure. Other consequences are more difficult to er’s staff, namely Keith Hennessey and I am grateful to the Majority Leader measure but are nonetheless real. Such as: The downturn in a region’s economy, as its Carl Biersack, deserve great credit for who gave great assistance in our ef- businesses and jobs relocate to communities their efforts toward reaching a consen- forts to include more money for our with better roads and less congestion. sus on the critical funding agreement surface transportation needs. Clearly, Road rage and aggressive driving. to this bill. Finally, I also thank the the additional funds allowed us to get Deaths and injuries that might have been individuals at the Federal Highway Ad- to this point today. This increase in prevented by guard rails, wider lanes or bet- ministration, who have toiled dili- funding moved us one step closer to ter lighting. gently outside of the limelight, in completion of this matter prior to our A study by the AAA Foundation for Traffic bringing this bill to closure. They in- May 1 deadline. Safety—a copy of which you should have in Our state and local transportation front of you—outlines the safety benefits we clude Jack Basso in Secretary Slater’s can achieve if we invest our transportation office, as well as Bud Wright, Patty partners deserve nothing less. Due to resources wisely. Doersch, and Bruce Swindford, at the the significant length of time required For example: Federal Highway Administration. to plan and design any transportation By increasing lane width one foot, we can Their assistance was instrumental in project—an average of 7 years—our reduce crashes by 12%. providing data and technical assistance states must be able to efficiently re- Removing hazards within 10 feet of a road in development of the Byrd/Gramm/ spond to transportation demands. would reduce these types of crashes by 25%. Baucus/Warner Amendment, as well as Mr. President, this bill is one that Removing hazards that are within 20 feet the full Senate can be proud to support would reduce crashes by 44%. for the underlying committee bill. Every dollar we spend making these im- This is a bill, of which I am proud, as balanced and fair. provements on lower-grade roads actually and of which all Senators should be Those are the two principles that produces a savings of nearly $3. In my view, proud, and for which I urge all Sen- guided my efforts in the drafting of that’s a wise investment. ators to vote aye. this bill. Allowing federal gas tax dollars to accu- Mr. WARNER. Mr. President, I think I am well aware that every Senator mulate in the Highway Trust Fund is NOT a the silence indicates assent that will may not be entirely pleased with this wise investment. It may look like a savings soon be given, in perhaps three-quar- bill. I am convinced, however, that on paper but, in reality, it merely shifts ex- ters of an hour’s time, to this momen- overall we bring to the Senate a bill— penses to other areas of the economy: It pushes up the cost of insurance. tous piece of legislation. My rough cal- that addresses the mobility demands of It pushes up the cost of health care. culations are that over the next 5 years the American people and the growing It pushes up the cost of doing business. it will be in the area of $215 billion, freight movements of American goods; And it delays the inevitable time when well spent—well spent—on America’s that will continue to ensure America’s road and bridge work—not done today—will transportation infrastructure. I thank, competitiveness in a ‘‘one-world’’ mar- HAVE to be done anyway. But at that point, again, my distinguished colleague from ket; and, that, for the first time, pro- the work will not only be more urgent, it Montana, who has been a partner vides a fair and equitable return to will be much more costly. throughout this effort. every state based on the amount of Fortunately, there are obvious solutions First, we must get the ISTEA bill on the I think this silence reflects the credit funds we spend. floor for debate and action—now. Further we may be owed for working on this Every state will be guaranteed 91 per- delay will only make matters worse. bill together with Senator CHAFEE, who cent of the funds we spend based on And second, we should invest every penny will be back momentarily. each state’s contributions to the High- in the Highway Trust Fund the way Amer- I suggest the absence of a quorum. way Trust Fund. ican motorists intended when they passed The PRESIDING OFFICER. The This legislation represents the re- the gasoline tax—to keep our transportation clerk will call the roll. sults of hard fought negotiations be- system running safely and efficiently. The assistant legislative clerk pro- tween Chairman CHAFEE, Senator BAU- We’re not talking about paving over the ceeded to call the roll. CUS and myself. nation with new roads. We’re talking about maintaining and improving the ones we’ve Mr. WARNER. Mr. President, I ask I want to thank both Senators for got. Preventing further deterioration. Mak- unanimous consent that the order for their leadership, and all the members ing roads safer. the quorum call be rescinded. of the Committee for their contribu- AAA is proud to lend the voices of its 40 The PRESIDING OFFICER. Without tions, in developing a compromise that million members in support of the governors objection, it is so ordered. represents a balance among the 50 and the Coalition for TRUST in their mis- Mr. WARNER. Mr. President, I am states. sion to increase the transportation invest- pleased that the Senate will soon fa- This legislation is the product of ment. vorably conclude action on S. 1173, the months of spirited discussions. Our goal is to ensure safety and freedom of Intermodal Surface Transportation Ef- It is a compromise that addresses the mobility for this generation and generations to come. ficiency Act of 1998, or ISTEA II. unique transportation needs in the dif- In addition to improving roads and saving ISTEA II is a 6-year bill that reau- ferent regions of the country—the con- lives . . . thorizes our nation’s highway con- gestion demands of the growing South Spending the trust fund as it was intended struction, highway safety and research and Southwest, the aging infrastruc- will produce two beneficial side effects: programs. As reported from the Com- ture needs of the Northeast, and the 1. American motorists will get what mittee on Environment and Public national transportation needs of the they’re paying for. That’s all they want. And Works, it provides $171.3 billion over 6 rural West. ... years. In putting together this bipartisan 2. Congress and the Administration will protect one of their greatest assets. I’m not Our funding level of $171.3 billion is and comprehensive measure, great care referring to the transportation infrastruc- 36 percent greater than the $120 billion was taken to preserve fundamental ture. I’m referring to the trust of the Amer- funding level provided in ISTEA I. principles of ISTEA I that worked well. ican people. Our funding level of $171.3 billion ex- ISTEA II upholds and strengthens The money has been collected for transpor- ceeds the funding level of $135 billion ISTEA’S laudable goals of mobility, tation. proposed in the Administration’s intermodalism, efficiency and program It shouldn’t be highjacked. NEXTEA bill. flexibility. Mr. BYRD. Mr. President, in addition Mr. President, along with my strong We were committed to continuing to thanking these many groups, I also working partner, Senator BAUCUS, I those hallmarks of ISTEA which have deeply appreciate the efforts of the have worked for higher funding levels proven to be successful and are strong- staffs of the principal co-sponsors of for our nation’s surface transportation ly supported by our state and local our amendment. They include Steve programs. Last year, I joined the ef- transportation partners, including—en- McMillin of Senator GRAMM’s staff, forts of Senators BYRD and GRAMM to suring that our transportation pro- Tom Sliter and Kathy Ruffalo of Sen- increase the spending for highway pro- grams contribute to and are compat- ator BAUCUS’ staff, Ann Loomis and grams. ible with our national commitment to S1856 CONGRESSIONAL RECORD — SENATE March 12, 1998 protect our environment; building upon Under ISTEA I there are 5 apportion- Mr. President, I am happy to yield the shared decision-making between ment adjustments—most of them de- the floor, and I note on the floor the the Federal state and local govern- signed to address concerns of donor distinguished chairman, Mr. CHAFEE. I ments; and ensuring that the public states—that have not worked. ISTEA II again thank him for all his leadership continues to participate fully in the provides for two simple adjustments. and work. He was not on the floor when transportation planning process. One, for donor states and small states so many Senators came to compliment Mr. President, perhaps the most crit- to provide them a minimum share of him in his capacity as chairman of the ical issue that the Committee ad- funding. The second, to provide a tran- committee. We just wish to thank him. dressed in this legislation is the devel- sition for states based on part of their He is a very humble man in many re- opment of equitable funding formulas. ISTEA funding. spects, but his firm leadership will en- ISTEA I failed to distribute funding The Committee bill also includes able us to, in a few moments, pass this to our states based on current data many revisions to Federal highway piece of legislation. that measures the extent, use and con- procedures to streamline the complex Mr. CHAFEE. Mr. President, I shall dition of our transportation system. process of Federal reviews of state enthusiastically read the RECORD to- ISTEA I apportioned funds to the projects. morrow to find out about all these fine States based on each State’s historical It is my very strong hope that these comments. I want to take this oppor- share of funds received in 1987. provisions will enable our states to im- tunity before he leaves the floor to As we prepare for the transportation prove project delivery—the time it thank my good friend, the chairman of challenges of the 21st century, reforms takes for a project to move from design the subcommittee that dealt with this to the funding formulas were long over- to construction to completion. legislation. He gave us such a hand on Today, it takes on average 7 years to due. the floor. We had a few problems to complete a project. We must provide This legislation uses indicators that start with, but they were soon elimi- our states with the tools to do better. measure the current needs of our trans- nated, and we charged on. I believe many provisions in this bill portation system. Many of the factors Mr. WARNER. Mr. President, those will free them from Federal redtape used to distribute funds are consistent were a few funding problems, goals for which has delayed many projects. with the alternatives identified in Mr. President, those are some of the funding. GAO’s 1995 report entitled, ‘‘Highway Mr. CHAFEE. Those were taken care important highlights of the Committee of, and we were able to charge on to Funding, Alternatives for Distributing bill. Federal Funds.’’ Before concluding my remarks, I this successful conclusion. These indicators are standard meas- must also recognize the significant Mr. WARNER. I am sure the chair- urements of lane miles which represent contributions of the Secretary of man shares the views about Senator the extent of the system in a state, ve- Transportation, Rodney Slater. As the BAUCUS. hicle miles traveled which represent former Administrator of the Federal Mr. CHAFEE. I was just about to say, the extent of congestion, and struc- Highway Administration, Secretary Senator BAUCUS is not here, but I tural and capacity deficiencies of our Slater brought a great deal of personal thank Senator BAUCUS for the wonder- nation’s bridges. knowledge and expertise to our efforts. ful work he did. We worked as a team. Using current measurements of our Throughout our efforts to draft this We went over the amendments we were transportation system were called for legislation and to devise the funding going to accept. If there was a problem, in every major reauthorization bill in- formulas, we were highly dependent on he cleared them rapidly with those on troduced this session—including the the expertise of the many dedicated his side of the aisle so we could ascer- Administration’s NEXTEA bill, STEP– professionals at the Federal Highway tain where the problems were and at- 21, STARS 2000, and ISTEA Works. Administration. I want to particularly tempt to work them out. It has been a In revising these funding formulas, I recognize Jack Basso, Patty Doersch, splendid relationship. believe we have made significant Bud Wright, Tom Weeks, Roger Mingo I will say, that applies to every mem- progress in addressing one of the major and Bruce Swinford. ber of our committee. It is a commit- shortfalls of ISTEA—namely, providing Again, I want to commend Chairman tee that, indeed, does work together. It every state a fair return based on their CHAFEE and Senator BAUCUS for their is a committee that reported this bill contributions to the Highway Trust leadership bridging the many different out not once, but twice, 18–0. Every sin- Fund. views on this bill. I believe this is a gle member of the committee voted for Our bill today ensures fairness. Every good bill that deserves the strong sup- it. I thank every member of the com- state will receive a minimum guaran- port of the Senate. mittee, whether they are Democrat or tee of 91 percent of the funds appor- Mr. President, I have just had the Republican, for the wonderful coopera- tioned to the states. unique opportunity here on the floor to tion they have given. This guarantee is very different from recognize the presence of the chairman Mr. WARNER. Mr. President, I am the so-called 90 percent Minimum Allo- of the House Committee on Transpor- sure the Senator shares the view on the cation in ISTEA I. tation, Mr. SHUSTER, who came over to leadership given by Senator LOTT and The Minimum Guarantee is applied consult with me and indicate that the also Senator DASCHLE. There were to 100 percent of apportioned funds— Speaker of the House has established a many times for their decisive hands those funds sent to the states. task force of the leadership of the and decisions, which only they could Second, the Minimum Guarantee cal- House and the task force has been mov- make. culation is reformed so that the per- ing; that he anticipates that he will Mr. CHAFEE. That is correct, Mr. cent guarantee is actually achieved. have a bill ready, hopefully passed President. The majority leader sat in We all know that ISTEA I gave many April 1, first recognizing that during with us when we were negotiating a states less than 90 percent because it the course of the month of May, we can resolution to some of the problems. did not include all the funds that were complete a conference and send a bill The leader of the minority, Senator distributed to states. to the President, perhaps complete it DASCHLE, has been extremely coopera- I am also pleased to report that before the 1st of May. That is a key tive. I salute both of them. ISTEA makes great progress in con- deadline for so many States. Also, Mr. President, like all cases, we solidating and streamlining the pro- I certainly thank the many Gov- could not ever have done this bill with gram. ernors throughout the United States all its complexities without the splen- Under ISTEA I there are 5 major pro- who have come in individually in their did staff—Jimmy Powell and Dan gram categories. Under ISTEA II, those own quiet way to consult with the Corbett and Ann and everyone else who program categories have been consoli- leadership of the Senate and the lead- worked so hard in connection with re- dated into 3 major programs—the ership of the Transportation Commit- solving this. The same goes for Tom Interstate and National Highway Sys- tee on an absolute, imperative need Sliter and others on the Democratic tem program, the Surface Transpor- that legislation be in place in that May side. I thank the staff. They should feel tation Program, and the Congestion timeframe to enable them to do this very, very proud of what they have ac- Mitigation and Air Quality program. important work. complished. March 12, 1998 CONGRESSIONAL RECORD — SENATE S1857 Mr. President, I suggest the absence Environment Committee, on the floor and Illinois. And it strengthens the of a quorum. and in the conference. Senator PATRICK programs tailored to rural expanses in The PRESIDING OFFICER. The MOYNIHAN from New York gave us that Federal lands in the West. Chair notes the leadership of two dis- leadership. I am pleased that ISTEA II Fourth, we provide real flexibility to tinguished former Secretaries of the perpetuates the critical central ideals localities and States and make the pro- Navy. of ISTEA I passed in 1991—flexibility gram easier to administer. In ISTEA I, Mr. WARNER. Mr. President, we and efficiency and intermodalism. there were five program categories. We thank the Presiding Officer for that. We ironed out in ISTEA II some of reduce that to three, and that includes The PRESIDING OFFICER. The the problems that were apparent under more than 20 improvements to reduce clerk will call the roll. ISTEA I. With the passage of ISTEA II, red tape. As valuable as transportation The legislative clerk proceeded to transportation policy will be even more is to society, there is no question but call the roll. responsive to the challenges of the new these new roads and the automobiles Mr. CHAFEE. Mr. President, I ask century. and trucks that are on them have unanimous consent that the order for It contains provisions that address taken a tremendous toll on our Na- the quorum call be rescinded. the infrastructure challenges of the tion’s air, land, and water. I am proud The PRESIDING OFFICER. Without new millennium, the new period we are that ISTEA II builds on the original objection, it is so ordered. going into. This legislation will endure ISTEA efforts to preserve and protect Mr. CHAFEE. Mr. President, I am de- into the first several years of that new the environment. lighted and, indeed, grateful that the millennium. In addition, what we do is to con- Senate is about to conclude action on There are exciting technological ad- centrate on the safety of drivers and ISTEA II. I congratulate my colleagues vances that are made in this legisla- passengers. In the United States, these for wrapping up this effort with such tion and innovative financing mecha- figures are really shocking. More than alacrity, rescuing us from a Saturday nisms. It redoubles our Nation’s al- 40,000 highway deaths occur every year. or even Sunday session, as the major- ready strong commitment to the envi- And just as troublesome and worrisome ity leader pointed out. He—and I ronmental health of our people and as that is, there are 3.5 million auto- agreed with him—was determined we their safety. There are important mobile crashes that occur each year. were going to finish this bill, and we measures that strengthen each of these These do not—these do not—every one are finishing it way ahead of the outly- areas. result in fatalities, obviously, but from ing time. In the bill before us, we recognize we these crashes come people who are ter- We have before us a very fine piece of must reach out and be creative. First ribly injured. And these injuries, in fre- legislation of which we can all be of all, ISTEA includes a number of in- quent cases, are detrimental to these proud. It will truly bring our Nation’s novative ways to finance transpor- individuals throughout the rest of their transportation system into the 21st tation projects. It establishes a Federal lives. century. It will do so with an unprece- credit assistance program for surface ISTEA II provides several provisions dented increase in funding, $214 billion transportation. This new program to reverse this trend of 40,000 deaths a over 6 years, for all surface transpor- leverages limited Federal funds by al- year. We increase the funds devoted to tation programs. That is the highway lowing up to a $10.6 billion Federal line highway safety, and we include incen- plus the transit money. of credit for transportation projects, at tives for States to increase safety belt That includes $171 billion for high- a cost to the Federal budget of just use in their States. We encourage the ways. This increase represents the Sen- over half a billion dollars—$500 million. States to pass legislation dealing with ate’s understanding of the breadth of The bill expands and simplifies the seatbelts and to police that require- the needs of our infrastructure and our State Infrastructure Bank Program to ment, and we do this by not a stick, commitment to meeting these needs. enable States to make the most of not by punishing them if they fail to do One year ago, the Senate was very di- their transportation dollars. It in- it, but by a carrot, in giving them in- vided on the issue of how ISTEA II cludes a new program that will make it creased moneys if they pass such legis- should look. Within the Committee on easier for the private sector to partici- lation and enforce it. Environment and Public Works, of pate in financing transportation infra- I am pleased that during floor consid- which I have the privilege of being structure. So that is the first big step— eration of the bill the Senate increased chairman, we had not one, not two, but innovative financing. its commitment to safety by adopting three very different proposals on what The second step recognizes the im- tougher drunk driving standards. to do with this legislation, how to pro- portant role technology plays in an ef- I want to extend my heartfelt thanks ceed, how to make the allotments ficient transportation system. Trans- to Senators WARNER and BAUCUS. I pre- amongst the various States. All of portation technologies offer a wide viously mentioned both of them, but I these proposals had merit, and the array of benefits. They relieve traffic want to repeat that. They are my dis- duty was to try to coalesce them into congestion if you can spend money on tinguished comanagers of floor action one unified plan. And we did so. coordinating your traffic lights, for ex- on ISTEA II. Always, it is a pleasure to Once ISTEA II reached the Senate ample, not just building more lanes, work with each of them. My gratitude floor, we had to address even more but move the same amount of traffic or goes as well to Senators MCCAIN and complex issues, such as funding, af- increase the amount of traffic in the HOLLINGS, chairman and ranking mem- firmative action, penalties on drunk same lanes in a swifter and safer fash- ber of the Commerce Committee; Sen- driving, not to mention the countless ion. That is what the technology inno- ators D’AMATO and SARBANES, chair- highway- and transportation-related vations do. We strengthen the intel- man and ranking member of the Bank- concerns which are inherent in this ligent transportation systems, so- ing Committee; Senators ROTH and legislation. called ITS programs, which were estab- MOYNIHAN, chairman and ranking When it was enacted in 1991, ISTEA I lished in the original ISTEA. We pro- member of the Finance Committee, for transformed transportation policy in vide technologies that have new op- their efforts on the portions of ISTEA this Nation, what was once simply a tions to address safety and capacity which were within their jurisdiction. highway program—if you had more re- concerns. Finally, I want to thank the major- quirements, you built more roads; Third, the bill before us significantly ity and minority leaders, Senators needed more lanes, go ahead and build reforms ISTEA funding formulas. Now LOTT and DASCHLE, for their skillful them. But the purpose of this national we are into the formula business. To work in bringing this bill to such a fine transportation program is not simply balance the diverse regional needs of conclusion. to build more roads; it is to move peo- the Nation, we address the inequities I also thank the staff for their hard ple and goods as efficiently, swiftly and that came about under ISTEA I. The work and diligence. From my staff, I safely as possible. bill before us addresses the tremendous wish to thank Dan Corbett, Jimmie I pay tribute to the splendid leader- infrastructure needs and terrible con- Powell, Linda Jordan, Abigail ship that was given to us on that splen- gestion problems of densely populated Kinnison, Cheryle Tucker, Bob did legislation when it came out of the States such as California, New Jersey, Greenawalt, and Amy Dunathan. S1858 CONGRESSIONAL RECORD — SENATE March 12, 1998 Mr. President, this legislation is very sume we will go through that general The PRESIDING OFFICER. The complicated. Nearly every Senator ritual, and who knows where the wheel clerk will call the roll. here has an amendment. And they of fortune—we see that every night at The assistant legislative clerk pro- bring them up to us, as is proper, for 6:30 or 7 o’clock—will land, who will ceeded to call the roll. consideration. And they want an an- win, and who gets all the goodies. Mr. CHAFEE. Mr. President, I ask swer: ‘‘Are you going to accept this Somebody, obviously. unanimous consent that the order for amendment? If you are not willing to I hear, in addition to that, that there the quorum call be rescinded. accept it, can we make changes to is some thought we ought to go fur- The PRESIDING OFFICER. Without make it palatable to all concerned? Are ther, that we ought to take the entire objection, it is so ordered. you going to reject it so we have to go trust fund off budget. Let me suggest Mr. CHAFEE. Mr. President, the yeas to a vote?’’ It puts a tremendous bur- to my friends in the Senate, obviously, and nays have not been ordered on the den on the staff, and they try—and in I have little or no impact, I assume, on committee amendment, have they? this case have succeeded—to give swift the House at this point on that issue. The PRESIDING OFFICER. That’s answers to the proponents of each Frankly, I thought we engaged in good correct. amendment. We had some 500-plus faith in a way to get us through this Mr. CHAFEE. I ask for the yeas and amendments that were submitted in transition of 4 or 5 years when we have nays. The PRESIDING OFFICER. Is there a connection with this legislation. All of caps we have to comply with. I have sufficient second? them had to be looked at. committed to try to do that in a way There is a sufficient second. I want to recognize the tireless ef- that doesn’t decimate domestic pro- grams that are within that cap. The yeas and nays were ordered. forts of Ann Loomis and Ellen Stein The PRESIDING OFFICER. The from Senator WARNER’s staff, and Frankly, if somebody wants to go much further and take the entire pro- question is on agreeing to the modified Kathy Ruffalo and Tom Sliter from committee amendment in the nature of Senator BAUCUS’ office, and Janine gram off budget, then I don’t know how we will meet those caps, for they take a substitute (amendment No. 1676), as Johnson from the Senate legislative amended. The yeas and nays have been counsel’s office. with it the few billion dollars in re- serves that have accumulated, that are ordered. The clerk will call the roll. Last but not least, Mr. President, I The assistant legislative clerk called extend my appreciation to a number of in the unified budget. They are mostly interest payments that have accrued the roll. individuals from the Federal Highway The result was announced—yeas 96, Administration who have been with over time. I thought we made a very, very, honest effort to find a way to get nays 4, as follows: our staff on the weekends and well past The result was announced—yeas 96, midnight working on this legislation— through. Those caps are applicable for only 3 more years—after the one that nays 4, as follows: Patty Doersch, Tom Weeks, Roger [Rollcall Vote No. 30 Leg.] Mingo, Deidra Goodman, Bud Wright is the prime year in this bill, only 3 years after that—and then they are not YEAS—96 and his staff. Also, I want to thank the there anymore and we all have some Abraham Enzi Lieberman Secretary of Transportation, Secretary work to do. It is not just highways. We Akaka Faircloth Lott Rodney Slater, for his cooperation. Allard Feinstein Lugar have to pay for the National Institutes And we have had the assistance of the Ashcroft Ford Mack of Health. We have to pay for edu- Baucus Frist McCain head of the Federal Highway Adminis- cation. These programs compete with Bennett Glenn McConnell tration, Gen. Kenneth Wykle, whom we them. I have said let’s compete with Biden Gorton Mikulski consulted with several times in connec- Bingaman Graham Moseley-Braun them and let’s try to find offsets. I sub- tion with this legislation. They are al- Bond Gramm Moynihan mit, to make that job almost impos- Boxer Grams Murkowski ways within a phone’s reach, both he sible would be the result if you took Breaux Grassley Murray and the Secretary. And they have been this in conference and took it all off Brownback Gregg Nickles very valuable. Bryan Hagel Reed budget. Bumpers Harkin Reid So, in conclusion, Mr. President, I Frankly, I don’t know that I can do Burns Hatch Robb urge all my colleagues to cast a re- any more than say that and say I hope Byrd Helms Roberts sounding ‘‘yea’’ vote in favor of S. 1173. the Senators won’t, in conference, Campbell Hollings Rockefeller I thank the Chair and suggest the ab- Chafee Hutchinson Roth agree to any such thing. I hope that it Cleland Hutchison Sarbanes sence of a quorum. is left as it is and you make whatever Coats Inhofe Sessions The PRESIDING OFFICER. The accommodations you have to make and Cochran Inouye Shelby Collins Jeffords Smith (NH) clerk will call the roll. this program will live to be seen and The legislative clerk proceeded to Conrad Johnson Smith (OR) heard from another day, as will the Coverdell Kempthorne Snowe call the roll. trust fund. I don’t believe we can spend Craig Kennedy Stevens Mr. DOMENICI. Mr. President, I ask much more than we are planning here. D’Amato Kerrey Thomas unanimous consent that the order for Daschle Kerry Thompson I think we ought to leave it alone. DeWine Kyl Thurmond the quorum call be rescinded. I urge my fellow Senators, with Dodd Landrieu Torricelli The PRESIDING OFFICER. Without whom I have worked very hard, try to Domenici Lautenberg Warner objection, it is so ordered. see that is the result coming out of Dorgan Leahy Wellstone Durbin Levin Wyden Mr. DOMENICI. Are we under an conference. order whereby I cannot speak at this I yield the floor. NAYS—4 point, or may I speak before the vote? Mr. CHAFEE. Mr. President, as the Feingold Santorum The PRESIDING OFFICER. The Sen- chairman of the Budget Committee Kohl Specter ator may speak. well knows, I am always opposed to The amendment (No. 1676), as amend- Mr. DOMENICI. I don’t want to use taking these programs off budget. That ed, was agreed to. the rest of the time. Are we scheduled is my position, and that is the position The PRESIDING OFFICER. The bill to vote at 2:15? we will take going into conference. We will be read a third time and returned The PRESIDING OFFICER. At 2:15. have been treated very well by the to the calendar. Mr. DOMENICI. I note the presence Budget Committee in connection with The bill (S. 1173), as amended, was on the floor of a number of Senators this legislation. The Budget chairman read the third time. with whom I have worked diligently to has assumed some very onerous bur- Mr. CHAFEE. Mr. President, I move try to get this bill accomplished. I am dens to find the money for us to come to reconsider the vote by which the very proud of the result. up with this program. Certainly I don’t amendment was agreed to. Let me suggest, however, that I now think the answer is to take this trust Mr. WARNER. I move to lay that mo- hear rumors coming from, it seems, the fund off budget. tion on the table. direction of the House, that we have Mr. DOMENICI. I thank the Senators The motion to lay on the table was not done enough. Well, that may be one for listening. agreed to. thing in terms of how many dem- Mr. CHAFEE. I suggest the absence Mr. LOTT. Mr. President, I know onstration projects we have to do. I as- of a quorum. that congratulations have already been March 12, 1998 CONGRESSIONAL RECORD — SENATE S1859 extended to the managers of this very brought us to the successful conclusion The PRESIDING OFFICER. Without important ISTEA bill. But I want to that we have now achieved. objection, it is so ordered. join again in expressing my apprecia- I commend them. I thank them. And Mr. LOTT. Mr. President, I yield the tion for the leadership of the Senator I hope we can use this as a real model floor. Senators then can proceed under from Rhode Island. for other pieces of legislation that may the time agreement that we have en- Mr. BYRD. Mr. President, could we come before the Senate this year. tered into. have order in the Chamber? I yield the floor. The PRESIDING OFFICER. The reso- The PRESIDING OFFICER. The Sen- Several Senators addressed the lution will be stated by title. ate will be in order. Chair. The assistant legislative clerk read The distinguished majority leader. Mr. LOTT. Mr. President, I am pre- as follows: Mr. LOTT. Mr. President, thank you. pared now to move to a unanimous A resolution (S. Res. 187) expressing the Mr. President, the Senator from consent request with regard to the sense of the Senate regarding the human Rhode Island, Mr. CHAFEE, did an out- China human rights issue. I will yield rights situation in the People’s Republic of standing job in managing this legisla- to the Senator from Montana if he China. tion. I think it is quite an achievement would like to make some further com- The Senate proceeded to consider the that actually in about 9 days we were ment on the highway surface transpor- resolution. able to get this bill through the Sen- tation bill. The PRESIDING OFFICER. The Sen- ate. There were some bumps along the The PRESIDING OFFICER. The Sen- ator from Florida. way, but we were able to work them ator from Montana. Mr. MACK. Mr. President, before I Mr. BAUCUS. Mr. President, I would out without acrimony or regional bias. begin my remarks, I want to thank the like to thank a group that has not been I think really they did a magnificent Members of the Senate for their co- thanked yet. That is the Department of job. The Senator from Montana, Sen- operation in this effort. Senator Transportation—Secretary Slater, ator BAUCUS, worked very closely with WELLSTONE and I have been attempting Mort Downey, Kenneth Wykle, and the chairman of the committee, but it to get this resolution to the floor for others at DOT who I note are in the took cooperation with Senator WARNER some time now, but because of the co- gallery. They are watching these pro- of the subcommittee, and Senator operation of Chairman HELMS and ceedings. They have been a very inte- GRAMM was involved in some key nego- many others, we have now worked our gral part of the passage of this bill. We way through to the point where we, in tiations, and obviously Senator BYRD, have gone to the Department of Trans- fact, could bring this resolution to the who always provides direction and portation many times to get data, to floor and, hopefully, within not too leadership that is very important. get their assistance. I want to thank To all the members of the commit- long a period of time have agreement not only Senators and staff but also on this resolution. tee, I thank you for this. I think the the Department of Transportation for My resolution, introduced with Sen- Senate has really provided leadership their assistance. and given a marker to our colleagues Mr. WARNER. Mr. President, I have ator WELLSTONE and 11 other Senators, on the other side of the Capitol to take paid compliments to some who have urges the President to take all action up this important legislation, get it to worked on this bill. I want to add the necessary to introduce and pass a reso- conference, and get it agreed to by May name of Lee Brown. lution at the annual meeting of the 1, when the extension will expire. Lee Brown has the current title of as- U.N. Human Rights Commission criti- So I think this was certainly a good sistant editor of morning business, and cal of the human rights abuses in couple of weeks’ work, and I thank the he is soon to be, I am told, elevated to China and Tibet. I hope the President Senate for its cooperation. This can be the position of editor. Now, those who will take note and take action. This an example, I hope, of what we can do watch the floor proceedings of the Sen- resolution passed out of the Foreign on other bills, how we can work to- ate on occasion see Mr. Brown, in his Relations Committee yesterday by a gether and work out problems that ap- usual quiet manner, come up and take vote of 16 to 1. Again, I express my ap- pear to be insurmountable. If we had from a Senator a document which he preciation to Senators WELLSTONE, taken this legislation up the first week has asked unanimous consent to have HELMS, THOMAS, LUGAR, COVERDELL, we were back, it would probably have placed in the RECORD. Lee Brown and FEINGOLD, HAGEL, BIDEN, and a number been a lot messier and we might not his associates in this Institution some- of others. With this action, the com- have come to the good result that we how find where to put it in the RECORD, mittee voiced its strong support for the have fashioned here in this bill. So match it up with the statement, and passage of this resolution unamended. thanks to one and all. I appreciate it get it correct. That is not an easy job. Now I would like to state five points very much. So I want to express my appreciation as to why we should pass the resolution I mentioned Senator BAUCUS. He has to Mr. Brown for his effective work and now. certainly been a very important part of efforts on this bill, which has had a First, we know that offering and de- this. very significant amount of inserts. bating this resolution at the annual Would the distinguished Democratic f U.N. Human Rights Commission in Ge- leader like to comment at this point? neva advances human rights in China Mr. DASCHLE. Mr. President, I share RESOLUTION ON THE PEOPLE’S and Tibet. We know that in past years the view expressed just now by the ma- REPUBLIC OF CHINA the Government in Beijing has made jority leader. Certainly, our chairs and Mr. LOTT. Mr. President, I ask unan- gestures towards improving human ranking members have done an out- imous consent the Senate now proceed rights just prior to the annual Human standing job. I especially want to com- to the consideration of calendar No. Rights Commission consideration of a mend the dean of the Senate, our 325, S. Res. 187, and that the resolution China resolution. former majority leader, ROBERT BYRD, be considered under the following limi- We know from testimony by Wei and his colleague, PHIL GRAMM, and tations: That there be 1 hour for debate Jingsheng, Harry Wu, and many other others who had so much to do with on the resolution and preamble, with political prisoners, that conditions for making this possible. no amendments or motions in order political prisoners improve when the This has been an effort that will have thereto, with the time divided as fol- resolution is being debated and they extraordinary consequences for years lows: Senator GRAMS controlling 20 deteriorate when the resolve of the to come, both in terms of infrastruc- minutes and Senator MACK controlling United States weakens. Again, I ture and an array of different questions 10 minutes, Senator WELLSTONE con- learned this not just from testimony that we have to address. This has been trolling 30 minutes, or their designees; before committees but I learned it an issue that Senator BYRD has in- and, upon the use or yielding back of from personal experiences and discus- structed and educated the Senate time, the Senate proceed to a vote on sion with both Mr. Wei Jingsheng and about for many, many months. It was the adoption of the resolution, and, if Mr. Harry Wu, who actually told us his leadership and diligence, along with the resolution is adopted, the preamble they could tell the rhythm, if you will, Senator CHAFEE and BAUCUS and Sen- be agreed to, with the above occurring of what was going on in the world by ator WARNER and so many others, that without intervening action. the way they were treated in prison in S1860 CONGRESSIONAL RECORD — SENATE March 12, 1998 China. They knew, when things were side of this debate are those who view credence it gives to the word of the slackened, that there was resolve in free trade as a paramount virtue and Chinese Government and its spokes- the world to take China to task over believe linking trade with human men. It is now certain that, in China, its human rights violations. And they rights is an inappropriate foundation the judge, the executioner, and the knew as well, when they were in dif- on which to build our national trade profiteer are all wrapped in one. ficult times and experiencing tremen- policy. Last month, the two sides of As the Washington Post editorialized dous abuse, that the world had turned this debate came colliding together in in the wake of these arrests, ‘‘the Clin- its back on those who found themselves one chilling event, the indictment and ton administration long ago abandoned in prison in China. arrest of two Chinese ‘‘businessmen’’ human rights as a primary consider- Mr. President, we know our approach for trade in human body parts har- ation dealing with China. . . .’’ But to China must include public and pri- vested from executed prisoners in the even Stanley O. Roth, the Assistant vate actions and must encompass People’s Republic of China. Secretary of State for East Asian Af- trade, national security, and human Trade and human rights, delinked by fairs, had to admit that if prisoners rights. This Commission is uniquely our Government, were unalterably were being killed in China in order to suited to be the forum for the world to linked together by this tragic event provide organs, ‘‘it would be among the express disapproval of human rights last month. This arrest, more than any grossest violations of human rights violations in China and in Tibet. other event, brings the human rights imaginable.’’ Finally, we know the United States crisis in China to the feet of those This indictment right here provides assessment of human rights in China kneeling at the altar of free trade. No clear and convincing evidence that and Tibet, according to the State De- longer can free traders, the Chinese China now ranks as one of the worst partment, is abysmal by any standard. Government, or this administration human rights violators in history. I en- The United States must state plainly turn a blind eye to the gruesome condi- courage my fellow Senators and the and clearly our objection to Beijing’s tions now prevalent in the People’s Re- President to read carefully the chilling denial of basic freedoms to the people public of China. In matters related to facts detailed in this document and to of China and to Tibet. trade with China, we must now move watch closely as the case is brought to Mr. President, at this point I yield beyond the issue of trade deficits and trial. I ask unanimous consent it be the floor. move on to the issue of moral deficits. printed in the RECORD. Mr. WELLSTONE addressed the In particular, this country and this There being no objection, the mate- Chair. Congress must strongly reconsider the rial was ordered to be printed in the The PRESIDING OFFICER. The Sen- moral basis of our special trade rela- RECORD, as follows: ator from Minnesota is recognized. tionship with this repressive regime. [Southern District of New York, Complaint: Mr. WELLSTONE. Mr. President, I The history leading up to last Violation of 18 U.S.C. § 371; County of Of- fense: New York] know the Chair, Senator HUTCHINSON of month’s arrest is telling. For years, Arkansas, wishes to speak. I will be human rights organizations charged UNITED STATES OF AMERICA v. CHENG YONG WANG, XINGQI FU, a/k/a ‘‘FRANK FU,’’ DE- brief. I am anxious to hear from him. that the Chinese Government was at FENDANTS Let me, first of all, thank Senator the center of an international market Jill A. Marangoni, being duly sworn, de- MACK. I have really enjoyed working in human organs harvested from Chi- poses and says that she is an agent with the with him on this. I think it is ex- nese prisoners. The Chinese Govern- Federal Bureau of Investigation, and charges tremely important. ment denied these reports, charging as follows: Sometimes when you speak on the that these accusations were malicious Count One floor of the Senate, you do not know and conspiratorial and outrageous. 1. In or about February 1998, in the South- whether or not what you are doing is They totally rejected the charges. ern District of New York and elsewhere, going to crucially affect the lives of Then, in 1994, the British Broadcast- Cheng Yong Wang and Xingqi Fu, a/k/a people. You hope it will. This resolu- ing Company, the BBC, aired a docu- ‘‘Frank Fu,’’ the defendants, and others tion does. mentary detailing its evidence con- known and unknown, unlawfully, willfully, I had a chance to meet with Wei cerning China’s trade in body parts. and knowingly did combine, conspire, con- Jingsheng last week, and I have met federate, and agree together and with each Again China issued a strong denial. other to commit an offense against the with a number of other courageous Representative CHRIS SMITH held a United States, to wit, to violate Section 274e men and women from China, and they hearing on this issue in 1996. The Chi- of Title 42, United States Code. all have said the same thing. nese Government again stood firm in 2. It was a part and object of the conspir- Mr. President, could I have order in its denials. acy that Cheng Yong Wang and Xingqi Fu, a/ the Chamber? Then, last year, confronted with hid- k/a ‘‘Frank Fu,’’ the defendants, and others The PRESIDING OFFICER (Mr. den video captured by ABC’s ‘‘Prime known and unknown, unlawfully, willfully and knowingly would acquire, receive and MACK). We are debating a very impor- Time Live’’ documenting an actual otherwise transfer human organs, to wit, tant resolution. The Senate will be in transaction of a kidney, complete with kidneys and corneas, for valuable consider- order. footage of the military hospital in ation for use in human transplantation, The Senator from Minnesota. China used to harvest the organs and of which transfer would affect commerce and Mr. WELLSTONE. Mr. President, if a U.S. business which operated a kid- the movement of articles and commodities the Senator from Arkansas is ready, I ney dialysis unit in China to facilitate in commerce. am pleased to yield time to the Sen- the transaction, even in spite of this, Overt Acts ator from Arkansas. I ask my col- China stood ever stronger in its ada- 3. In furtherance of the conspiracy and to league, will 10 minutes be all right? mant denial. effect the objects thereof, the following Mr. HUTCHINSON. Ten minutes will When I visited China in January of overt acts, among others, were committed in be sufficient. this year, when I raised this issue, once the Southern District of New York and else- The PRESIDING OFFICER. The Sen- where: again it was dismissed out of hand as a. On or about February 13, 1998, Cheng ator from Arkansas being a fabrication of the opponents of Yong Wang the defendant, attended a meet- Mr. HUTCHINSON. I thank the Sen- China. ing in New York, New York. ator from Minnesota for yielding time. The Chinese policy of lies and denials b. On or about February 20, 1998, Cheng Mr. President, for the last 4 years and distortions relating to its involve- Yong Wang and Xingqi Fu, a/k/a ‘‘Frank this Congress has been engaged in an ment in the marketing of human body Fu,’’ the defendants, attended a meeting in intense debate on this country’s trade parts may work well in the court of New York, New York, where they both dis- relationship with the People’s Republic public opinion, but it will fail, I be- cussed the sale of organs to a person purport- ing to be a member of the board of directors of China. On the one side of this debate lieve, in the court of law. With the ar- of a dialysis center. are those who view the abhorrent and rest of Wang Cheng Yong and Fu (Title 18, United States Code, Section 371) declining human rights conditions in Xingqi, the Chinese Government and The basis for deponent’s knowledge and for China as a cause for revoking the spe- its sympathizers will have to rethink the foregoing charges are, in part, as follows: cial trade treatment currently given to their party line. More important, this 1. In or about February 1998, I received in- Chinese-produced goods. On the other Government will have to rethink the formation from a person (‘‘Person A’’) that March 12, 1998 CONGRESSIONAL RECORD — SENATE S1861 Cheng Yong Wang, the defendant, had rep- 7. Also during the telephone conversation Last week, I and 11 of my Senate col- resented to Person A that, prior to coming between Person B and Cheng Yong Wang, the leagues sent a letter to President Clin- to the United States, he was a Procurator in defendant, told Person B that he believed ton to remind him of his promise to the the Hainan Province in China and, in that that the profit on the sale of corneas would American people to ‘‘step up efforts, in capacity, had participated in the execution be approximately 1000%. of Chinese prisoners. Person A provided me 8. On or about February 20, 1998, an agent cooperation with other states, to insist with a copy of employment papers that of the Federal Bureau of Investigation, pos- that the United Nations Human Rights Cheng Yong Wang, the defendant, had pro- ing as a member of the board of directors of Commission pass a resolution dealing vided to him. A Mandarin interpreter in- a dialysis center (‘‘FBI agent’’), met with with the serious human rights abuses formed me that these papers, which contain Person B, Cheng Yong Wang and Xingqi Fu, in China.’’ the photograph of Cheng Yong Wang, iden- a/k/a ‘‘Frank Fu,’’ the defendants, in New On Wednesday, under the able leader- tify Cheng Yong Wang, the defendant, as a York, New York. From my conversations ship of Chairman HELMS, the Senate procurator in Hainan Province, China. A per- with the FBI agent, I have learned that dur- son familiar with the Chinese legal system ing this meeting Cheng Yong Wang discussed Foreign Relations Committee adopted told me that the job of a Procurator in China the methods by which Chinese prisoners are a resolution submitted by Senators is similar to the job of a prosecutor in the executed and indicated that the organs he MACK and WELLSTONE expressing the United States. proposed to sell to the FBI agent would come sense of the Senate denouncing the 2. I have spoken to an agent of the Immi- from executed Chinese prisoners. In addition, gration and Naturalization Service (‘‘INS’’) human rights conditions in China. This Cheng Yong Wang and Xingqi Fu specifically who told me that Cheng Yong Wang, the de- resolution, which we now debate and agreed that they would sell the FBI agent fendant, entered the United States from which we will soon vote upon, and China on May 8, 1997 on a B–1 (work) visa. two corneas for $5,000 and indicated that this which I believe this body will adopt 3. Person A further informed me that on or price included a profit for them, Cheng Yong Wang and Xingqui Fu, the defendants, also overwhelmingly, as did the committee, about February 13, 1998, he met with Cheng criticizes the People’s Republic of Yong Wang, the defendant, in a hotel room discussed selling the FBI agent other organs, in New York, New York. Person A stated including kidneys, skin, lungs, pancreases China and asks for the U.N. Commis- that at this meeting, Cheng Yong Wang, the and livers and agreed on the prices for these sion on Human Rights to pass a resolu- defendant, told him that he was interested in organs. Among other things, Xingqi Fu in- tion acknowledging what is going on in selling organs, specifically kidneys, from ex- quired about any maximum age for sources China today, and for this Government ecuted Chinese prisoners to Person A. In ad- of skin and stated that lungs would come to make that request of the United Na- dition, Person A told me that he and Cheng from non-smokers. In addition, both defend- tions. Yong Wang had signed two contracts at this ants acknowledged that although the con- meeting, the second contract being a revised tract referenced in Paragraph 5 above dis- While it is far short of the effort I be- copy of the first contract. Person A provided cussed that Cheng Yong Wang would provide lieve should be made, it is a welcome me with copies of these contracts, both of transportation services, the true purpose of first step in the right direction. I com- which purport to carry the signature of the agreement was to provide organs. mend Senator WELLSTONE and Senator Cheng Yong Wang. Wherefore, deponent prays that the above- MACK for their outstanding leadership 4. I have reviewed a translation of the con- named individuals be arrested and impris- on this, and Senator HELMS and all of tracts referenced in the preceding paragraph. oned or bailed as the case may be. those on the committee who voted 16 In substance and in part they provide that JILL A. MARANGONI, the purpose of the contract is to provide Special Agent, FBI. to 1 in favor of the resolution. organ transplant services in China for people Sworn to me this of February 1998. If I might just close with this—and I who live outside of China. Under the con- Mr. HUTCHINSON. This case only know I have taken longer than I had tract, Cheng Yong Wang, the defendant, is requested—when I visited China in Jan- responsible for coordinating with the rel- builds upon the repeated efforts from Chinese dissidents, Amnesty Inter- uary—and I can spend an hour or much evant Chines government agencies and hos- longer talking about those 10 days in pitals in providing and securing organs for national, and the U.S. Department of transplant. The contract further provides State concerning the declining human China—the most moving moment was that Person A, who represents a dialysis cen- rights conditions in China. on a Sunday morning at 7:30 a.m. when ter, will pay for the entire cost for each kid- Again, as the Washington Post re- I went to Tiananmen Square where, all ney transplant, not including the patient’s ported last month, these human rights of us remember so vividly almost 9 travel expenses. In addition, under the con- abuses include ‘‘torture, extrajudicial years ago, the images came across our tract, Person A agrees to pay Cheng Yong killings, arbitrary arrest and deten- TV sets through CNN cameras, and we Wang, the defendant, a commission of 25% of saw those tens of thousands of students the total costs for each transplant case. tion, forced abortion and sterilization, 5. On or about February 17, 1998, I partici- crackdowns on independent Catholic who stayed there for months peacefully pated in tape recording a telephone con- and Protestant bishops and believers, asking their government to improve versation between Cheng Yong Wang, the de- brutal oppression of ethnic minorities human rights conditions and to democ- fendant, and another person (‘‘Person B.’’) and religions in Tibet and Xinjiang ratize the largest nation in the world. This conversation was in Mandarin. Based on and, of course, absolute intolerance of While I was in China, I had a chance conversations that I have had with a Man- free political speech or free press.’’ not only to visit Tiananmen Square darin translator and a partial draft tran- and see that red banner that still flies, script that I have read, it is my understand- Mr. President, how long must this ing that during this telephone conservation, list of oppression get before this Gov- but to visit Ray Burghardt who was Cheng Yong Wang, the defendant, told Per- ernment acts? charged to be in Beijing at the time of son B, in substance and in part, that he re- The increased arrogance of China’s the massacre when the Chinese Govern- cently had met with Person A in a hotel leadership in the face of the world’s si- ment, the hardliners, won out and the room and signed a contract. lence is evident in President Jiang’s troops and the tanks moved in. He 6. Also during the telephone conversation spent 3 hours over dinner telling us referenced in the preceding paragraph, Cheng statement late last year that ‘‘both de- Yong Wang, the defendant, told Person B, in mocracy and human rights are relative about the events leading up to the mas- substance and in part, that he planned to concepts and not absolute and gen- sacre. enter into an agreement with XINGQI Fu, a/ eral.’’ He said on the night that the tanks k/a ‘‘Frank Fu,’’ the defendant, relating to Accepted absolutes are now consid- moved in, the Chinese Communist Gov- the sale of organs. Cheng Yong Wang also ered relative by China’s leadership. ernment waited until 2 in the morning. told Person B that Xingqi Fu, a/k/a ‘‘Frank This brutal Communist regime has now They did not want the world to see Fu,’’ had not participated in the meeting be- what was about to happen. The flood- tween Cheng Yong Wang and Person A, but decided to determine the moral param- that Xingqi Fu had been present in the lobby eters within which civilized countries lights that showered over the many, of the hotel where the meeting had taken can stand within its judgment. In many acres of Tiananmen Square were place. Cheng Yong Wang explained to Person short, religious persecution, organ har- turned off. They did not want to see B that Xingqi Fu had decidedly that his serv- vesting, and torture are now within the any cameras rolling. ices were not necessary in relation to the bounds of moral behavior in China. The As the troops moved in and the tanks kidneys but that Xingqi Fu planned to sell unacceptable is now acceptable and the moved in, he said from the Beijing corneas in the United States. Cheng Yong Wang further states that Xingqi Fu planned inhuman is now humane. While the Hotel, watching through binoculars, to smuggle the corneas into the United world stands silent, China has managed that he could see, as the troops came States and that Xingqi Fu had spoken to to redefine the very nature of what is out, as the weapons were fired, the pro- doctors about his selling them corneas. right and what is wrong. files of the students as they fell. The S1862 CONGRESSIONAL RECORD — SENATE March 12, 1998 silence continued, broken a few mo- Committee represented full enclosure clear that we intend to keep pushing ments later by more gunfire, more stu- because several months ago, the Senate forward with the pressure and with a dents falling. Through those morning Foreign Relations Committee hosted a voice in behalf of those women and hours, the massacre continued. coffee and Wei Jingsheng came. He men who have the courage to speak up By the time the Sun came up the came up to several of us. I was one of in China for what they believe in.’’ next morning, the tanks had cleared the Senators who he approached. He I spoke with Sandy Berger last night. the mall. They had cleared Tiananmen asked us to please try and adopt a reso- I know he is working very hard on this. Square so that no one was to know, so lution on the floor of the Senate that This is not a bashing amendment, but that no one would have a hint of the will call on the administration and our this is an amendment that says to our massacre, of the thousands who died in Government at the U.N. Commission Government that to go to Geneva and the surrounding blocks, or of the tens on Human Rights to please move for- to not make the effort to push forward of thousands who lost their lives. ward with a resolution condemning the this resolution which speaks to the vio- Those students looked to the United human rights violations in China. lations of human rights in China, we States as the emblem of freedom, as What Wei and others said to me and think it would be silence, we think it the shining city on a hill. They built a Senator MACK was, ‘‘Look, you may would go against the very best of what 30-foot model of our Statue of Liberty not always understand, but what you our country stands for. and it, too, went under the tanks as do on the floor of the Senate is So, I hope there will be a very, very they rolled in. watched, especially internationally. If strong vote for this resolution. I just ask my colleagues, as they vote the Senate doesn’t speak on this and if Mr. President, I ask how much time for this resolution, to remember what the United States Government remains those students were fighting for, what I have. silent, it would be devastating to so The PRESIDING OFFICER. The Sen- they were standing for and to whom many people in China who have had the they looked as the symbol of freedom. ator has 12 minutes 15 seconds. courage to stand up for human rights, Mr. WELLSTONE. I thank the Chair. I ask for a good vote, a solid vote, and people who face persecution for their a message to the world that we still I would like to reserve some time. I ask religious and political beliefs.’’ the Senator from Delaware whether he stand for freedom. I felt then, and I feel even more so I thank the Senator from Minnesota wants to speak on this resolution and, now, when someone like Wei is speak- for his indulgence. if he does—I just quoted him—I would ing to you, someone who spent 18 years The PRESIDING OFFICER (Mr. love to yield some time to him. in prison—I read his book, ‘‘The Cour- SANTORUM). The Senator from Min- Mr. BIDEN. I ask the Senator for 2 age to Stand Alone,’’ someone whom I nesota. minutes. Mr. WELLSTONE. Mr. President, let hope will get the Nobel Peace Prize— Mr. WELLSTONE. Mr. President, I me just say to my colleagues, Senator and makes such a request, it really have never heard the Senator from feels good to be able to honor that re- HUTCHINSON and Senator MACK, it is a Delaware speak for only 2 minutes. But labor of love working with them. We do quest. if that is all he desires, if this will be We have worked hard on this. We not always agree on all issues. That a miracle, I might just be able to see it. wanted to get this on the floor. I thank might be the understatement of the The PRESIDING OFFICER. The Sen- the majority leader, Senator LOTT, for year. But I think we are doing the ator from Delaware is recognized for 2 absolutely living up to his personal right thing, and I certainly hope we get minutes. a huge vote as well. commitment to us that we would get this on the floor before the U.N. Com- Mr. BIDEN. Mr. President, I assume Mr. President, I ask for the yeas and the reason why the Senator thinks that nays. mission on Human Rights meets. I will just say to colleagues that I is because what I say is such content The PRESIDING OFFICER. Is there a that he thinks I have spoken longer. think Senator BIDEN in the Senate For- sufficient second? Let me be very brief and blunt. The There appears to be a sufficient sec- eign Relations Committee said it best fact is that we have several schools of ond. the other day. He said, ‘‘Look, we have thought about China on this floor and The yeas and nays were ordered. disagreement about whether or not you Mr. WELLSTONE. Let me also thank link human rights concerns and issues what our future relations will be. We Charlotte Oldhom-Moore who works for to trade policy, but that is not what constantly hear that those of us who me and has been doing just a tremen- this is about. If there ever was a place are critical of China’s human rights dous amount of work on this piece of and there ever was a time for our Gov- policy and proliferation policy should legislation. I also thank Ellen Bork ernment to speak up for human rights, not tie our opposition to their point of view to trade. They say let’s keep who works with Senator HELMS, chair- and ever since Tiananmen Square a man of the Senate Foreign Relations large part of the focus has been about things in their proper perspective. Committee, for all of her fine work. China, it is at this United Nations Well, if this is not the place to go, if Let me list Human Rights Watch, Commission on Human Rights that to go to an organization that is an RFK Center for Human Rights, Law- convenes in Geneva March 16.’’ international organization constituted yers Committee for Human Rights, We are now on the floor of the Sen- for the express purpose of discussing Minnesota Advocates, International ate—what is today’s date?—March 12. and identifying those nations that do Campaign for Tibet, and Amnesty We may not be back in session until not engage in practices consistent with International for all of their fine work. Monday or Tuesday. It is terribly im- what civilized countries should be Their organizing work has been ter- portant that this vote takes place. doing relative to human rights, then ribly important, and it is an honor for I say to the Chair and I say to all col- there is no circumstance in which we me as a U.S. Senator from Minnesota— leagues, Democrats and Republicans can criticize China. and we have a very strong human alike, I hope we can get a vote that They say we should not criticize rights community—to be working with mirrors the vote in the Senate Foreign China and tie it to trade, and they say these organizations. Relations Committee. The stronger the we should not criticize China here, we Mr. President, I will be brief. There vote, the stronger the message. should do it privately. Privately malar- may be debate on the other side, and I I say to my colleague from Florida, key. We should do it privately; we want to reserve some time to respond since we have worked so closely on should also do it publicly. and I know there are others who will this, it is interesting that today the We are not treating China any other want to speak. I know Senator FEIN- State Department announced that way than we treat any other civilized GOLD is anxious to get to the floor. If China has agreed to an international nation in the world. As a member of he does not, let me just say that Sen- covenant on civil and political rights. I the largest country in the world, they ator FEINGOLD has been very, very say great. have to grow up and understand that if vocal about this and has been a very When I mentioned this to Senator they take affront at us raising their strong supporter. MACK earlier, he said, ‘‘That’s tremen- human rights record in a forum, an The 16-to-1 vote that Senator MACK dous, let’s just make sure now we have international forum, that is con- spoke about in the Foreign Relations a good strong vote to make it crystal stituted for that express purpose, then March 12, 1998 CONGRESSIONAL RECORD — SENATE S1863 they have a great deal of political mat- sanctions, is, simply stated, I believe, A continued strong relationship with uration they have to go through in to be counterproductive. China will in fact enable us to have a order to be a world power that will Yesterday, this resolution was con- much stronger impact on their reforms gain respect from the rest of the world. sidered in a business meeting of the than any strong-arm tactics. I agree I will conclude, Mr. President, by Foreign Relations Committee. At that such tactics can get the world’s atten- saying, I think this is one of those time I offered an amendment which tion, but do they actually help those cases where our silence would be deaf- would expand the resolution to include who are in prison or face other forms of ening. I yield the floor. other countries listed in the State De- repression inside China? There is a Mr. WELLSTONE. Mr. President, I partment’s annual human rights re- growing middle class in China. As they reserve the remainder of my time. port. In my judgment, it is incredible are more exposed to the West through Mr. MACK. Mr. President, I suggest that we would pick just one country to our products and our people, the Chi- the absence of a quorum. criticize when there are even more nese people themselves are going to be The PRESIDING OFFICER. The egregious offenders out there. placing more demands on their leaders clerk will call the roll. I did not object to having China on for change. The bill clerk proceeded to call the that list. We can put China at the head And that is already happening. The roll. of the list, in the middle of the list, or growing middle class in China, with Mr. MACK. Mr. President, I ask at the bottom of the list. It should be their exposure to the West, is putting unanimous consent that the order for on the list, but I do not think it should more demands on the Chinese leaders the quorum call be rescinded. be on a list of only one country, and for change than we will ever accom- The PRESIDING OFFICER. Without that is just China when, again, the plish from outside of their borders with objection, it is so ordered. State Department report on human these types of resolutions. Mr. MACK. Mr. President, I ask rights violations has a long list of My State has also been long involved unanimous consent that the time other countries. And if we are serious in various people to people programs under the previous quorum call not be about looking at human rights viola- with China, programs which have pur- charged to either side. tions around the world, we should also sued better relationships between our The PRESIDING OFFICER. Without call those into question. countries. We value those relation- objection, it is so ordered. My problem with this resolution is, ships. They have helped us improve re- Mr. MACK. Mr. President, I also in- again, that it is one of many, many lations with China, and they have quire at this time as to how much time legislative attempts, I believe, to just helped China achieve the progress it we each have. single out China. They are clearly has made economically and politically. The PRESIDING OFFICER. The Sen- counterproductive, in my judgment. I believe threats and censure may only ator from Florida has 6 minutes 13 sec- China certainly does—it does have to close the door on our relationship with onds; the Senator from Minnesota, make more progress on human rights, China. And if that happens we will then Senator WELLSTONE, has 10 minutes 10 but it also has made significant lose any opportunity that we will have seconds; and the Senator from Min- progress as well. I also supported an to effect change. nesota, Senator GRAMS, has 20 minutes. amendment in our business committee If we are not there, if we are not in- Mr. MACK. Mr. President, I suggest yesterday in the Foreign Relations volved, if we do not have relationships the absence of a quorum and, again, Committee by Senator FEINSTEIN that with China, and if they in fact close ask unanimous consent that it not be would have balanced this resolution the door to us, then what kind of an ef- charged to either side. with language citing some of the im- fect or influence are we going to have The PRESIDING OFFICER. Without provements that were listed in the on change inside of China? I think it is objection, it is so ordered. The clerk Human Rights Report. a lot easier to change their mind if we will call the roll. The right thing to do—and I repeat, are there than if we are not. The bill clerk proceeded to call the the right thing to do—is oppose these As I said previously, it is the volume roll. kinds of public attacks and join me in of efforts—the legislation, the resolu- Mr. GRAMS. Mr. President, I ask efforts to pursue human rights viola- tions and the sanctions—and constant unanimous consent that the order for tions in China through quiet diplo- criticism that has been the focus of my the quorum call be rescinded. macy—through personal visits, includ- opposition. Many believe they can The PRESIDING OFFICER. Without ing those I have had with President change China through public humilia- objection, it is so ordered. Jiang. These high-level contacts be- tion. Mr. GRAMS. Mr. President, may I in- tween the United States and Chinese quire on the time remaining? officials, I believe, can be far more pro- Each new effort to bash China makes The PRESIDING OFFICER. The Sen- ductive. it more difficult, I believe, for our Gov- ator from Minnesota, Senator GRAMS, Yesterday, a comment was made that ernment to formally address concerns has 20 minutes; the Senator form Min- we have to make this kind of public of human rights and religious persecu- nesota, Senator WELLSTONE, has 10 statement to the whole world to better tion. minutes 10 seconds; and the Senator focus attention on human rights con- My point here is just to try to edu- from Florida has 6 minutes 13 seconds. cerns. cate America, the Senate, Christians Mr. GRAMS. Thank you very much, I believe we do have maybe a respon- and all people who are concerned about Mr. President. sibility to hold these human rights vio- human rights and religious freedom Mr. President, I rise in opposition to lations up for world scrutiny. But, that this is not a ‘‘free vote’’; it is Senate resolution 187. That is the reso- again, shouldn’t they include all coun- something we should think about be- lution sponsored by Senator MACK di- tries that are guilty of human rights fore we vote for it, because, in my recting the administration to pursue a violations? view, again, just singling out China is resolution criticizing China’s—only Why do we think that standing up very counterproductive. China’s—human rights record at the and publicly criticising China, and only Mr. President, now I want to get U.N. Commission on Human Rights in China, following repeated efforts in the back to the language of this amend- Geneva. past, does any good? Do our words ef- ment itself—since I have been criticiz- As you may know, I earlier objected fect changes? No—I believe our efforts ing China resolutions generally. The to an attempt to UC this resolution on to build relationships with the Chinese, wording of this resolution is even more the floor, without benefit of committee to talk to them privately about the disturbing. I am told the purpose, consideration. I understand that many need to improve and to see that again, is to force the administration to Senators do not believe a resolution is changes are in their best interest are introduce and to pursue a resolution at controversial, but, when it comes to what make a difference. Resolutions the U.N. Human Rights Commission China, I do believe it can be controver- make strong statements but I believe condemning China for human rights sial—very controversial. You should they do not accomplish the goals that violations. However, what you are not too, because quite clearly China legis- we intend. told is that there is no support for this lation, whether it be resolutions or China has become the whipping boy. resolution at all. The European Union S1864 CONGRESSIONAL RECORD — SENATE March 12, 1998 has even passed its own resolution indi- helped to improve the lives of many separate list, it could have included cating human rights violations are bet- Chinese people and helped to foster China, China could have been alone. ter addressed bilaterally with China. more interest in human rights But only to have one resolution on the Again, the EU has already passed its progress. More pressure for improve- floor today condemning one country, I own resolution indicating that human ment comes from the inside out rather think is going to do more harm for the rights violations are better addressed than the outside in. The Chinese gov- people inside of China than it is going bilaterally with China, not in this ernment will listen more to the Chi- to do good. That was my main concern. venue. Nearly all of our fellow U.N. nese people than it will to threats from I yield the remainder of my time and members feel the same. So how do we outside its borders. I yield the floor. expect the administration to go to the Let us look at the issue of religious Mr. FEINGOLD. I yield such time as U.N. Human Rights Commission and persecution, since I know there is still I require. garner support for this resolution? legislation percolating on that issue as I rise today in strong support of S. They would have the same result well. Religious leaders, including one Res. 187, a resolution introduced by the whether they pursued one now or 6 from my own State, Reverend Don Senator from Florida and the Senator months ago. This has been tried before Argue, president of the National Asso- from Minnesota. I am grateful for their with no success. What leverage do we ciation of Evangelicals and former leadership on this and feel they have have to do this? We couldn’t even get president of North Central College in done a real service by bringing this our U.N. allies, except one, to support Minneapolis, just returned from a visit issue forward to the floor with regard us on Iraq. We still haven’t settled the with President Jiang himself. Now, to human rights in China. arrears question. How much weight President Jiang invited them to The resolution states that it is a sense of the Senate that the United will an attempt to pass a U.N. resolu- China—the first time that has ever States initiate active lobbying at the tion—with no support—have in our happened. The leaders noted that with U.N. Commission on Human Rights for quest to improve human rights in their visit with the President of China, a resolution condemning human rights China? I believe none. A resolution sup- they gained valuable access that they abuses in China. It calls specifically for ported by one country does not send a feel will help to open the door to better the United States to introduce and strong message. What it does is send contacts with the Chinese leadership make all efforts necessary to pass a the message that all other countries on religious issues. They felt President resolution on China and Tibet at the support what China is doing on human Jiang heard their message, and they upcoming 54th session of the Commis- rights in China and that they need believe that President Jiang does real- sion, which is due to begin very soon in ize that religious persecution is a make no further progress because of Geneva. that. major stumbling block to improve Chi- It is a nonbinding resolution, but it I also have heard the administration nese-United States relations, as well as makes a simple, clear statement of has not yet determined whether it a stumbling block to the lives of its principle: The Senate believes that should pursue a resolution even though citizens. there should be a China resolution in I have also addressed this issue in my they know they will fail if they do so. Geneva, period. If they agree to pursue one, they do it visits to China, and I have visited As we all know, for the past few knowing that it is going to fail. churches there, as well. China does years, China’s leaders have aggres- If I were one of our allies, I would be need to make more progress; there is sively lobbied against such efforts ear- sitting back and watching this and I no doubt about it. But Ned Graham, lier and more actively than the coun- would relish U.S. efforts to publicly the son of the Reverend Billy Graham, tries that support a resolution. Last condemn and sanction China, thereby and others tell me they have been year, they actually threatened the impeding U.S. efforts to improve rela- working in China now for many, many country of Denmark, which had made a tions with China. That will give them years, and there has been progress, difficult decision to sponsor a resolu- many more opportunities to gain a they tell me, and they are working tion. This year, Chinese officials have firm foothold in what will be enormous quietly and effectively, quietly and ef- deftly played a diplomatic game with trade and investment opportunities. If fectively inside China to further that various European governments and ba- the U.S. gains the reputation of being progress. These religious leaders need sically succeeded in getting the Euro- an unreliable supplier, well, so much to assure China that their goals are to pean Union Foreign Ministers to drop, the better for them. They have seen us provide religious freedom, not to vio- at least temporarily, any European co- attempt to impose our laws and values late Chinese laws by pursuing separate sponsorship of a resolution. extraterritorially on other countries political goals. That process, Mr. Presi- In the past, China’s vigorous efforts over and over again. This has all ac- dent, is ongoing and it is working. have resulted in a ‘‘no action’’ motion complished nothing for us and much Mr. President, I realize that this res- at the Commission. With events pro- for them. For example, Airbus recently olution has broad support. However, I ceeding the way they are now, I fear we won a lucrative contract with China feel it was important to come to the will have the same result again at the when China has long exhibited a pref- floor to remind my colleagues that we upcoming meeting. erence for Boeing planes. should think about what we are doing This would be unfortunate because it It was a strong message from China because it is clearly, again in my view, is essential to have a resolution on and its relationship with the United not productive but, in fact, could be China under the auspices of the Com- States. counterproductive. Further, if we pass mission on Human Rights. The multi- This resolution, following all of the a resolution at all, at the very least it lateral nature of the Commission other attempts to rein in China, will should include many of the countries makes it a very appropriate forum to not allow us to improve our relation- listed in the human rights report as debate and discuss the human rights ship with China, but I believe it will well as China, not just one. situation in China. By adopting inter- slow that process. This will harm us in Again I say, China needs to make im- national human rights treaties, China the eyes of the world community, it provements in the areas of human has made a commitment to inter- will impact US jobs, it will raise con- rights and religious persecution. It national human rights law, and one of cerns about the U.S. security and lead- should be on the list that we condemn the basic purposes of the Commission ership role in East Asia and the Pa- and hold up for the rest of the world to is to specifically evaluate China’s per- cific, and, most importantly, I believe see. It could be first on the list, it formance with respect to these com- that it is going to hurt the Chinese could be last on the list, but it should mitments. The Commission’s review people themselves that we are trying be on the list. Again, it shouldn’t be has led to proven and concrete progress to help. It will get us nothing—no the only country on the list. I’m con- on human rights in other countries, progress on human rights, no progress cerned about human rights in all coun- and the expectation is that such scru- on religious persecution—nothing at tries, not just one. My substitute reso- tiny would lead to progress in human all. Many have said it is American in- lution would have just enabled us to go rights in China. volvement inside of China, including on record supporting human rights in Mr. President, here is where I don’t American investments, that have many countries. It could have been a understand the argument of the junior March 12, 1998 CONGRESSIONAL RECORD — SENATE S1865 Senator from Minnesota. He is suggest- must send a message to China and that There are people throughout the world ing you can only go forward if you list this is the appropriate forum in time to who stand up to these governments. all the countries in the world that have do it. They stand up to these governments human rights violations. That doesn’t I strongly commend my friends, the even when they know that this might make any sense with regard to the way Senator from Minnesota and the Sen- happen. I marvel at their courage. we have to do business in this body. ator from Florida, for their leadership They inspire me as a U.S. Senator. Sometimes we have to identify a par- on this terribly important issue. China is a very large country and a ticular country—whether it be Russia I yield back the remainder of my very big country. But that does not or Nigeria or Indonesia—and say in time. mean that China should not be held ac- this particular instance there is a prob- Mr. WELLSTONE. How much time countable. This is a very important lem. To be required to make a state- remains? vote we are about to have. ment about all countries in the world The PRESIDING OFFICER. The Sen- I will yield back the rest of my time. where there is a problem at one time, ator from Minnesota has 4 minutes 45 I thank my colleague from Florida for reduces what we are doing to a mean- seconds. his leadership and tell him it has been ingless exercise and a general state- PRIVILEGE OF THE FLOOR an honor to work with him on this. ment. Mr. WELLSTONE. I want to thank Mr. MACK. Mr. President, does Sen- Some observers want to question the Debra Ladner, and I ask unanimous ator ABRAHAM wish to make a state- viability of the human rights resolu- consent she be allowed on the floor for ment? I say to the Senator I have tion at this time. Despite China’s an- the remainder of the debate. slightly over 6 minutes remaining. How nouncement last year that it would The PRESIDING OFFICER. Without much time does the Senator desire? sign the U.N. Covenant on Economic, objection, it is so ordered. Mr. ABRAHAM. That is a good ques- Social and Cultural Rights, I don’t see Mr. WELLSTONE. Mr. President, let tion. It will take close to 5 minutes. real evidence of real human rights im- me say to Senator FEINGOLD that I ap- Mr. MACK. I ask unanimous consent provements in China. That human preciate his remarks. I also love work- the Senator be yielded 5 minutes, not rights conditions in China are growing ing with him on a lot of issues. I hope off my time. worse, not better, indicates that we can do a lot of human rights work The PRESIDING OFFICER. Without human rights continue to demand top together. He has been such a very objection, it is so ordered. priority. strong voice on human rights in the Mr. ABRAHAM. I thank the Senator Nearly 4 years after the President’s Senate. from Florida. I will try to speak as decision, which I regretted, to delink Mr. President, one more time, this is quickly as possible. It is an important most-favored-nation status from an important statement by the Senate. topic. I don’t want to in any way have human rights, we cannot forget that Sometimes these kinds of votes really the length of my speech in any sense human rights in China and Tibet re- matter. I think this is one of those suggest a lack of interest in this or in main abysmal. Hundreds, if not thou- times. I hope the President and the ad- any way suggest a diminished interest sands, of individuals are detained or ministration will pay attention to by this Senator. imprisoned for their political and reli- what I hope will be a very strong vote. Mr. President, I rise to urge my col- gious beliefs. Monks in Tibet are har- I believe they will. I certainly hope so. leagues to support the sense of the Sen- assed for showing reverence to the I hope that our Government will move ate resolution, sending a strong mes- Dalai Lama. And the press is subject to on a resolution condemning human sage to the Chinese communist govern- tight restrictions. The most recent rights violations in China. I hope that ment regarding its human rights State Department human rights report the administration will do everything abuses. As American representatives notes that ‘‘the Government of China possible to exact concession here on be- participate in the annual meeting of continued to commit widespread and half of human rights for people in the United Nations Commission on well-documented human rights abuses China. Human Rights I believe it is crucial in violation of internationally accepted I think it is also very important to a that they state, in the strongest terms norms, including extrajudicial killings, whole lot of people in China who are in- possible, the determination of the the use of torture, arbitrary arrest and volved in this struggle and a whole lot United States to uphold and defend detention, forced abortion and steri- of people in Tibet. Sometimes I look at fundamental human rights. This lization, the sale of organs from exe- things differently and sometimes what means, in my view, that our represent- cuted prisoners, and tight control over I worry the most about is the effect of atives must issue a strong statement the exercise of the rights of freedom of inaction over action, noncommitment criticizing the Chinese government’s speech, press, and religion.’’ over commitment on such a question treatment of minorities and dissidents. Mr. President, the situation is just as for people who are imprisoned. I have Mr. President, U.S.-China relations bad in Tibet. heard stories from my friends in a lot are of crucial importance for both I am going to make sure my remarks of the human rights organizations, men countries. But for that very reason I are brief so the Senator from Min- and women, who have said that the believe it is crucial that we make clear nesota can speak some more. only thing that kept them going while our determination that the rulers in Let me just say last month the As- they were in prison was resolutions of Beijing show greater respect for their sistant Secretary of State for Democ- this kind. The only thing that kept people. racy, Human Rights and Labor, John them going was when our country, our Mr. President, China’s record of Shattuck, testified, ‘‘We did not see Government, under a President like human rights abuses and repression of major changes. We have not character- President Jimmy Carter, who was so religious faith is long and disturbing. ized China as having demonstrated focused on human rights, it meant so Peaceful advocates of democracy and major changes.’’ much to these people. I think this is a political reforms have been sentenced Mr. President, these reports are in- terribly important resolution. to long terms in prisons where they deed troubling. The United States has I have often thought to myself when have been beaten, tortured and denied a moral responsibility to take the lead I finish on this, whether it be China or needed medical care. Women pregnant in sponsoring and pushing for a resolu- whether it be other countries—and the with their second or third child have tion at the United Nations Commission focus can be and should be and must be been coerced into abortions. Religious on Human Rights. I was delighted yes- on China—I have often wondered and I meeting places have been forcibly terday with such an overwhelming vote think I might have the courage to chal- closed. Tibetan monks refusing to con- under the leadership of Senator lenge a repressive government if I demn their religious leader, the Dalai WELLSTONE from Minnesota and the thought that at worst I could be im- Lama, have been forced from their Senate Foreign Relations Committee, prisoned. I don’t even know if I would monasteries; some of their leaders have a 16–1 bipartisan vote, that indicated have that courage. But I don’t know disappeared. there is a strong bipartisan consensus what I would do if I thought maybe my And 8 million Catholics loyal to the in the Foreign Relations Committee— child could be rounded up and my child Pope continue to be harassed, as their and I predict on the floor—that we could be hurt or my wife could be hurt. non-official churches are closed down S1866 CONGRESSIONAL RECORD — SENATE March 12, 1998 and their religious leaders are arrested I thank the Senator from Florida. I place to discuss, debate and if nec- and taken to prison camps where they yield the floor. essary, condemn violations of human suffer torture and deprivation. Mr. BAUCUS. Mr. President, I rise, rights abroad. But it is also the place I ask unanimous consent to have a with some reservations, in support of to note and approve improvements of list of findings by the State Depart- the resolution offered by Senator human rights abroad. And while I will ment with respect to human rights and WELLSTONE and Senator MACK. support this resolution, I believe it is the People’s Republic of China be I have been visiting, debating and imperfect, because it does not call on printed in the RECORD, outlining the studying China for some years. And it the Administration to do both. extent to which the problems exist. is quite clear that human rights condi- The most effective approach to There being no objection, the mate- tions in China can and should be far human rights will be to tell the truth— rial was ordered to be printed in the better. to point out areas where the govern- RECORD, as follows: China admits to holding about 3,000 ment of China, or any other country, TITLE II—HUMAN RIGHTS, RELIGIOUS people in prison for ‘‘counter-revolu- needs reform; but also to draw atten- FREEDOM, AND DEMOCRACY IN CHINA tionary’’ offenses. We don’t know the tion to the areas where life is getting SEC. 201. FINDINGS ON HUMAN RIGHTS ABUSES IN exact figure, but Amnesty Internation- better. We should do that in Geneva, THE PEOPLE’S REPUBLIC OF CHINA al’s estimate is similar. And political and we should do it when we have occa- (1) Congress concurs in the following con- repression, over the past four or five sion to debate human rights on the clusions of the Department of State regard- years, has in some ways become more Senate floor. ing human rights in the People’s Republic of Mr. MACK. Mr. President, how much China in 1996: rather than less severe for the nation’s most prominent dissidents. Treatment time remains? (A) The People’s Republic of China is ‘an The PRESIDING OFFICER. The Sen- authoritarian state’ in which ‘citizens lack of religious leaders and labor organiz- the freedom to peacefully express opposition ers may be even worse. And repression ator has 5 minutes 40 seconds. Mr. MACK. Mr. President, many to the party-led political system and the seems to be at its harshest in some mi- times in the past, as I have talked right to change their national leaders or nority areas. about foreign policy and national de- form of government.’ Independent reports show that rates (B) The Government of the People’s Repub- fense issues, I have gone back to what of imprisonment are higher in Tibet lic of China has ‘continued to commit wide- I believe is the fundamental principle and Xinjiang, and violent response by spread and well documented human rights that has served as the foundation of the authorities is more common. Hav- abuses, in violation of internationally ac- our Nation, and that is the discussion ing visited Lhasa myself, albeit on a cepted norms, stemming from the authori- about freedom. I have said over and ties’ intolerance of dissent, fear of unrest, highly controlled visit, my personal over again that I believe freedom is the and the absence or inadequacy of laws pro- impression backs up these reports of core of all human progress, that the tecting basic freedoms’. very severe policies. message of freedom is the message of (C) ‘Abuses include torture and mistreat- Those things are real. And the UN ment of prisoners, forced confessions, and ar- hope. bitrary and incommunicado detention’. Human Rights Commission in Geneva Again, thinking of individuals who (D) ‘Prison conditions remained harsh is the appropriate place for us, for would find themselves imprisoned in [and] [t]he Government continued severe re- China, and for the other nations of the China today, I, too, have heard them strictions on freedom of speech, the press, world to discuss them. say that the knowledge that there are assembly, association, religion, privacy, and But we must also recognize some- worker rights’. people around the world—particularly thing very important. That is, most people in the United States—who will (E) ‘Although the Government denies that long-term human rights trends in it holds political prisoners, the number of say it’s important enough to confront persons detained or serving sentences for China are good. The number of people the leadership in China on the issue of ‘counterrevolutionary crimes’ or ‘crimes tried for political offenses is down from human rights gives them hope that against the state’ and for peaceful political 350 a year in the mid-1980s to about 200 there are people in the world who care or religious activities are believed to number a year now. If you look further back, about them. So the message of freedom in the thousands’. you see that during the so-called (F) ‘Non-approved religious groups, includ- is a message of hope. ‘‘Anti-Rightist’’ campaign in 1957, I want to quote a comment that was ing Protestant and Catholic groups . . . ex- China arrested 500,000 people. The perienced intensified repression’. made by Mr. Wei in November of last (G) ‘Serious human rights abuses persist in 1960s—the years of the ‘‘Great Leap year when he came to the United minority areas, including Tibet, Xinjiang, Forward’’ and ‘‘Cultural Revolution’’— States. This is what he had to say: and Inner Mongolia [, and [c]ontrols on reli- were even worse. Democracy and freedom are among the gion and other fundamental freedoms in Other indices also show an improving loftiest ideals of humanity, and they are the these areas have also intensified’. situation. The number of citizen law- most sacred rights of mankind. Those who (H) ‘Overall in 1996, the authorities stepped suits against the government is up already enjoy democracy, liberty, and up efforts to cut off expressions of protest or from 4,600 in 1987 to approach 100,000 human rights in particular, should not allow criticism. All public dissent against the their own personal happiness to numb them party and government was effectively si- last year, showing that more people feel free to challenge the state. Uncen- into forgetting the many others who are still lenced by intimidation, exile, the imposition struggling against tyranny, slavery, and pov- of prison terms, administrative detention, or sored news is available on the radio, erty, and all of those who are suffering from house arrest. No dissidents were known to be satellite TV or the Internet. Local unimaginable forms of oppression, exploi- active at year’s end’. elections are becoming more demo- tation, and massacre. Mr. ABRAHAM. These findings make cratic, and the National People’s Con- What would it be like to be impris- clear, Mr. President, that the govern- gress is taking up a more confident oned? I have also read some of the ment of China has been and continues role in making law and overseeing min- writings, such as the book of Harry Wu, to intentionally oppress its people. I do istries. for example. I have heard the stories of not believe that we can stand idly by, Likewise, China’s economic reforms the conditions in which other human without so much as a complaint, as have created an entirely new world for beings have found themselves and I this continues. tens or hundreds of millions of ordi- wonder myself, could I survive that? I firmly believe that it is America’s nary people. With open trade, they can Would I have the human drive, the duty as well as our interest to make find their own jobs, choose their own human will to survive? Probably, if I the extra effort required to improve careers, rent their own apartments and felt that I was alone, with no concern overall human rights conditions in listen to foreign news. And if you ask for me whatsoever, maybe the will China and to integrate her into the ordinary Chinese, most say without would disappear. Maybe the will for community of nations. I urge my col- any hesitation that life is better and Mr. Wu would have disappeared. Maybe leagues to support this resolution and I freer than ever before. the will for Mr. Wei would have dis- call on the President to demand that So I think it is appropriate for the appeared. But there was a belief that the Chinese government being itself Administration to raise human rights, there were those out there who cared into compliance with international particularly the question of political for them. standards of human rights and de- prisoners, in Geneva. The Human Now, the point has been raised sev- cency. Rights Commission in Geneva is the eral times: Why China? Why only March 12, 1998 CONGRESSIONAL RECORD — SENATE S1867 China? I think the Senator from Min- Boxer Graham McCain Mr. SPECTER. Mr. President, the Breaux Gramm McConnell nesota will agree with me that there is Brownback Grassley Mikulski majority leader has asked me to ex- a condition that exists now as a result Bryan Gregg Moseley-Braun press his intention to have a vote on of a decision made by President Clin- Bumpers Hagel Moynihan this resolution occur tomorrow at ton not long ago to delink the issue of Burns Harkin Murkowski around 9:30 a.m. and the majority lead- Byrd Hatch Murray trade and human rights. Now, there are Campbell Helms Nickles er notes that he will inform all Mem- rational points on both sides of that Cleland Hollings Reed bers as to when that vote is set by debate. But the point is, that decision Coats Hutchinson Reid unanimous consent. Cochran Hutchison Robb The majority leader has also asked was made. So then the question then Collins Inhofe Roberts comes, if we are not going to engage in Conrad Inouye Rockefeller me to announce—if I may have the at- a debate over human rights with the Coverdell Jeffords Roth tention of the majority leader on this issue of trade, where are we going to do Craig Johnson Santorum part—the majority leader has asked me D’Amato Kempthorne Sarbanes it? Daschle Kennedy Sessions to announce that there will be no fur- It seems to me it is a reasonable, ra- DeWine Kerrey Shelby ther rollcall votes this afternoon. I tional position to take that the debate Dodd Kerry Smith (NH) hesitate to do that on my own, but, Domenici Kohl Smith (OR) with Senator LOTT here—and he says, ought to take place in the United Na- Dorgan Kyl Snowe tions about violations of human rights. Durbin Landrieu Specter now, the vote will be fixed with preci- So we are very simply saying to our Enzi Lautenberg Thomas sion at 9:30 in the morning. colleagues in the U.S. Senate, and to Faircloth Leahy Thompson The PRESIDING OFFICER. The Sen- Feingold Levin Torricelli the President of the United States, we Feinstein Lieberman Warner ator from Pennsylvania. believe now is the time to move for- Ford Lott Wellstone Mr. SPECTER. Mr. President, this ward to condemn China for its human Frist Lugar Wyden resolution has been offered by Senator rights violations and to make it a Gorton Mack DORGAN and myself. The most expedi- cause. I am not shy about saying that. NAYS—5 tious way to move to the import of the I believe we should do it. I don’t think Chafee Grams Thurmond resolution is to read the ‘‘resolved’’ that, in any way, we are going to make Glenn Stevens clause. It is as follows: things tougher for the people of China The resolution was agreed to. That the President should: as a result of it. In fact, everyone we The preamble was agreed to. (1) call for the creation of a commission under the auspices of the United Nations to have had the opportunity to talk with The resolution (S. Res. 187), with its preamble, was agreed to, as follows: establish an international record of the has indicated to us that their treat- criminal culpability of Saddam Hussein, and S. RES. 187 ment improves when the United States other Iraqi officials; raises these concerns. So, Mr. Presi- Whereas the annual meeting of the United (2) call for the United Nations to form an dent, I hope we do have a strong vote Nations Commission on Human Rights in Ge- international criminal tribunal for the pur- for this resolution, and I believe we neva, Switzerland, provides a forum for dis- pose of indicting, prosecuting, and imprison- cussing human rights and expressing inter- will. ing Saddam Hussein and other Iraqi officials national support for improved human rights who are responsible for crimes against hu- I yield back the remainder of my performance; manity, genocide, and other violations of time. Whereas according to the United States international law; and Mr. WELLSTONE addressed the Department of State and international (3) upon the creation of such an inter- Chair. human rights organizations, the Government national criminal tribunal, take steps nec- The PRESIDING OFFICER. The Sen- of the People’s Republic of China engages in essary, including the reprogramming of ator from Minnesota is recognized. widespread human rights violations; and funds, to ensure United States support for ef- Whereas President Clinton pledged that Mr. WELLSTONE. I ask unanimous forts to bring Saddam Hussein and other the United States would step up its efforts in Iraqi officials to justice. consent that I may speak for 1 minute. cooperation with other states to insist that This move to try Saddam Hussein as The PRESIDING OFFICER. Without the United Nations Commission on Human a war criminal is the most recent in a objection, it is so ordered. Rights pass a resolution dealing with the se- series of moves to establish the inter- Mr. WELLSTONE. Mr. President, I rious human rights abuses in the People’s national rule of law with an inter- was remiss in not mentioning earlier Republic of China: Now, therefore, be it Resolved, That it is the sense of the Senate national criminal court. The ante- that Senator HELMS absolutely lived up that the United States should introduce and cedent for this activity lay in the to his commitment to make sure that make all efforts necessary to pass a resolu- international military tribunal at Nur- the Senate Foreign Relations Commit- tion criticizing the People’s Republic of emberg, which was convened to try in- tee took up this matter. I thank him China for its human rights abuses in China dividuals for crimes against inter- for that. and Tibet at the annual meeting of the national law committed during World Finally, I just want to say to my col- United Nations Commission on Human War II. The Nuremberg tribunal provi- league from Florida that I very much Rights. sions stated that: appreciate his eloquence. I think he The PRESIDING OFFICER. Who Crimes against international law are com- really feels these issues. I think it was seeks recognition? The Senator from Pennsylvania. mitted by men, not abstract entities, and more than a scripted speech. I think only by punishing individuals who commit what he said was powerful, and I hope, f such crimes can the provisions of inter- too, that we will get a very, very INDICTMENT AND PROSECUTION national law be enforced. strong, resounding vote. OF SADDAM HUSSEIN That statement is as valid today as it I yield my time. Mr. SPECTER. Mr. President, I have was in 1946. For more than a decade, The PRESIDING OFFICER. The been asked by our distinguished major- many of us in the Congress of the question is on agreeing to the resolu- ity leader to request that we now pro- United States have sought to create an tion. ceed to Calendar No. 322, relative to international criminal court to deal The yeas and nays have been ordered, the war crimes, under the provisions of with crimes against humanity and and the clerk will call the roll. the consent agreement entered into on other international crimes. Senator The legislative clerk called the roll. March 9, 1998. DODD and I have authored a series of The PRESIDING OFFICER (Mr. The PRESIDING OFFICER. The resolutions in the U.S. Senate. In the BROWNBACK). Are there any other Sen- clerk will state the concurrent resolu- House of Representatives, under the ators in the Chamber desiring to vote? tion by title. leadership of Congressman JIM LEACH, The result was announced—yeas 95, The legislative clerk read as follows: a number of resolutions have been of- nays 5, as follows: A concurrent resolution (S. Con. Res. 78) fered. The international criminal court [Rollcall Vote No. 31 Leg.] relating to the indictment and prosecution is moving forward, with a realistic YEAS—95 of Saddam Hussein for war crimes and other likelihood of the establishment of such crimes against humanity. an international criminal court in the Abraham Ashcroft Biden Akaka Baucus Bingaman The Senate proceeded to consider the not too far distant future. And, in the Allard Bennett Bond concurrent resolution. interim, the War Crimes Tribunal has S1868 CONGRESSIONAL RECORD — SENATE March 12, 1998 been established by the United Nations Iraq denied that it attempted to as- there were a war crimes trial to be to try crimes against humanity from sassinate the President. But the proof, held—and I hope this legislation will be the former Yugoslavia, the offenses being overwhelming, led the United the catalyst to make that happen—I committed in Bosnia and related terri- States, on June 26, 1993, to launch 23 expect in the future no one will again tories, and for crimes against human- Tomahawk missiles at Iraqi intel- suggest a Nobel Peace Prize for a con- ity committed in Rwanda. ligence headquarters. victed war criminal. The War Crimes Tribunal is in exist- On June 28, 1993, President Clinton Why do we say there should be an ence. I have had the opportunity to sent the Congress a letter describing international tribunal to try Saddam visit it on three occasions to see the the missile attack on Iraq being ‘‘con- Hussein and other leaders of Iraq for operation of the Tribunal. It would be sistent with the War Powers Resolu- war crimes? merely an extension of the War Crimes tion.’’ First of all, there is precedent for it, Tribunal to include the import of the This is a very brief summary of the as Senator SPECTER indicated. In Nur- current resolution so that Saddam war crimes committed by Saddam Hus- emberg, at the end of World War II, Hussein could be tried as a war crimi- sein and others. We have found on the over 200 Nazi leaders were tried be- nal. international scene the conduct of Sad- tween 1945 and 1949. Thirty-seven of The specifics are that in 1988 the dam Hussein to be reprehensible in them were sentenced to death, 23 to life Iraqi Government, under the direction many other respects. Saddam Hussein in prison, and 101 to shorter prison of Saddam Hussein, carried out a sys- has flagrantly violated the U.N. resolu- terms. tematic campaign to destroy the Kurd- tions, carrying the world to the brink There is an international tribunal for ish population in Iraq. Kurdish leaders of conflict and then backing down at Rwanda at work right now. Three estimated the death toll of this cam- the last minute. It would be a very sal- trials are underway. Thirty-one sus- paign at between 50,000 and 182,000. utary matter to have Saddam Hussein pects have been indicted, and nearly all On March 16, 1988, Iraqi aircraft indicted and tried as a war criminal. It of them are in custody. The international tribunal for the bombed the city of Halabja, then in the is obvious that taking Saddam Hussein former Yugoslavia has indicted 79 sus- hands of Iranian-supported Kurdish into custody is a very complex matter rebels. That bombing was with chemi- pects, of whom 24 are now in custody. and perhaps impossible without an I believe that an international tribu- cal weapons, and more than 5,000 enormous military force. By 20/20 hind- women and children died in that at- nal to try Saddam Hussein and other sight, Saddam Hussein should have Iraqi leaders for war crimes should fol- tack. been taken into custody in the 1991 Iraqi chemical weapons were used in low on these models. A tribunal for Persian Gulf war, but that is 20/20 hind- 1982 to 1984 in the Iran-Iraq war. The Iraq should be constituted by the sight. Iraqis developed their proficiency in United Nations, and war crimes trials There have been a number of calls to chemical weapons gradually during the should begin. have Saddam Hussein toppled. It is not war with Iran. The Iraqis initially used Iraq’s crimes against peace include beyond the realm of possibility that in- chemical weapons against the Iranians two wars of aggression: the Iran-Iraq surgent forces within Iraq could lead a in 1982, and the next recorded deploy- war in which Iraq invaded Iran, and the revolution. The United States could ment was in July 1983, when the Iraqis Persian Gulf war, in which Iraq in- used mustard gas against an Iranian lend the Voice of America to those ef- vaded its southern neighbor, Kuwait. force. Large quantities of mustard gas forts. The United States could, consist- War crimes committed by Iraqi were used in November 1983 and Feb- ent with international practices, sup- forces against civilians in Kuwait in- ruary 1984. They may also have used a port those who would move against clude extrajudicial and political nerve agent in the February 1984 at- Saddam Hussein, and in the context killings, acts of torture, rapes of civil- tack. where action is contemplated against ian women, pillage and looting—all With respect to the Iraq-Kuwait cri- Saddam Hussein, a resolution for the crimes under the Fourth Geneva Con- sis, from January 18, 1991, to February trial of Saddam Hussein as a war crimi- vention, which requires wartime pro- 25, 1991, Iraq fired 39 Scud conventional nal, the indictment itself, the trial, tections for civilians. warhead missiles at Israel in 18 sepa- even if in absentia, could give the Iraqi troops committed crimes rate attacks, killing 2 persons directly, United States a high moral ground and against third country nationals. They killing 12 people indirectly, and injur- warrant our action in toppling Saddam prevented Western and Arab refugees ing more than 200 persons. Hussein. from leaving Iraq and Kuwait. They On December 18, 1990, Amnesty Inter- I am joined at this time by my dis- carried out arbitrary arrests and deten- national issued a report that stated tinguished colleague, Senator DORGAN, tions. Iraq even resorted to hostage Iraq tortured or executed hundreds of who is a cosponsor of the resolution. I taking and use of hostages as human Kuwaitis suspected of conducting guer- yield the floor to Senator DORGAN. shields. rilla warfare against Iraqi forces. The PRESIDING OFFICER (Mr. BEN- The Iraqi government committed Thousands of Kuwaitis were arrested NETT). The Senator from North Dakota. crimes against prisoners of war. It used for resisting Iraqi orders. Amnesty Mr. DORGAN. Mr. President, first, I physical and mental torture to coerce International also reported that some compliment Senator SPECTER from POWs to reveal information. It used 312 premature babies died after the Pennsylvania, since he is the original prisoners of war as human shields, and Iraqi troops stole their incubators. author of this resolution on an inter- it displayed injured prisoners of war on Iraq committed deliberate and cal- national criminal tribunal for Iraq. I Iraqi TV. culated crimes of environmental ter- very much appreciate his leadership, Iraq committed crimes against dip- rorism in the region by its willful igni- and I know the Senate appreciates that lomats and embassies: it abducted peo- tion of more than 700 Kuwaiti oil wells leadership as well. ple with diplomatic immunity, and it in February 1991. This is the right subject. It is some- seized and blockaded embassies in Ku- In the spring of 1993, the Government thing the Senate needs to be discuss- wait. of Kuwait informed the U.S. adminis- ing. I hope very much that tomorrow, So Mr. President, the list of war tration that it had discovered evidence when we vote on this resolution, the crimes during the Persian Gulf War is that Iraq sponsored an attempt to as- Senate will overwhelmingly approve it. a lengthy one. However, Iraq’s criminal sassinate former President Bush and Recently, in the country of Iraq, a record goes back further than that. destabilize Kuwait during his April 14, state-controlled newspaper proposed Human Rights Watch has written ex- 15, and 16 visit to Kuwait. The Federal that Saddam Hussein be given the tensively about the Anfal campaign Bureau of Investigation and other U.S. Nobel Peace Prize. I doubt whether against the Kurds living in northern intelligence agencies were sent to Ku- many Americans would believe that Iraq. This campaign was a policy of wait to conduct their own investiga- Saddam Hussein would qualify for the systematic and deliberate murder. tion and reported back to the President Nobel Peace Prize. The only ceremony Human Rights Watch concluded that on June 24, 1993, that their findings I believe Saddam Hussein ought to at- the Iraqi government killed at least confirmed the view that Iraq was be- tend in the near future is a war crimes 50,000 and perhaps as many as 100,000 hind the plot. trial. And I expect, in the future, if Kurds. March 12, 1998 CONGRESSIONAL RECORD — SENATE S1869 The Anfal campaign involved the de- like ‘‘pesticides in the fields.’’ Shortly The Senator from Pennsylvania and I struction of thousands of Kurdish vil- after that, they said ‘‘it became bitter. and others say it is time, long past the lages and the murder, disappearance, It affected our eyes, and our mouths, time, when there should be constituted and extermination by chemical weap- and our skin. All of a sudden,’’ they an international tribunal to try these ons or the forcible resettlement of hun- said, ‘‘it was hard to breathe. Your people, who have committed such dreds of thousands of Kurds. This was breath wouldn’t come. You couldn’t atrocities, for war crimes. That tribu- ethnic cleansing before the term was breathe’’ at all. nal will give a much longer presen- invented. The people of that village—and this tation of evidence than the Senator Even worse, the Anfal campaign in- is one study of one village, one attack from Pennsylvania or I will give today. cluded chemical weapons. A U.S. Gov- on one morning by the Iraqi Govern- Maybe then, maybe all of the world ernment white paper says there were ment—did not know what to do when will see the systematic presentation of ‘‘numerous Iraqi chemical attacks those bombs fell. They began to under- evidence, and hear of the unspeakable against civilian villages in 1987 and stand these were not usual bombs, horrors that have been visited upon in- 1988.’’ The white paper lists 10 in- these were chemical bombs. nocent men, women and children. Not stances of Iraqi chemical attacks and As the smoke from the chemical just tens of thousands, but hundreds of says that Iraq ‘‘delivered. . .Mustard 5 bombs settled into the lower land, they thousands of people, who have dis- agent and the nerve gases Sarin and said ‘‘it drifted down the valley toward appeared and been killed and mur- Tabun in aerial bombs, spray dispens- the fields and the orchards.’’ The fa- dered. Some of them were killed by ers, 120-mm rockets and several types ther said, ‘‘I took my family, three of poison gas. of artillery.’’ my children and my wife, and we ran to Maybe then the rest of the people in Iraq possesses a chemical weapons higher ground. We went the other di- the world will understand this is not program and a biological weapons pro- rection from the smoke.’’ There was just a foreign leader, this is not just gram. Its chemical stockpile contained complete panic; people ran in all direc- the leader of Iraq, this is a convicted 40,000 chemical weapons munitions; tions. Families were separated, chil- war criminal. 480,000 liters of chemical weapons dren lost from their parents. Everyone A war crimes trial should have hap- agents; and 8 delivery systems. ‘‘was trying to save themselves, each pened after the Gulf War. Whether Sad- Iraq’s biological weapons arsenal in- one himself, even the mothers of chil- dam Hussein is tried in absentia or not cluded 8,500 liters of anthrax; 19,000 li- dren, because they couldn’t breathe.’’ is irrelevant to me. The fact that he is ters of botulinum toxin; and 2,200 liters But Hassan’s father and other family tried is very important. We must, as a of alfatoxin. This program was in viola- members at first stayed in the house world, come together and judge actions tion of the Biological Weapons Conven- because ‘‘they didn’t know what the of this type. tion, to which Iraq is a party. smoke could do.’’ When they realized The unspeakable horrors that have And the list of Iraqi crimes and trea- they were under gas attack, many of been visited upon so many innocent ty violations goes on at some length. I them ran down from the village to an people by this government must not go ask unanimous consent to have the list orchard in a ravine. The smoke fol- unnoticed and must not remain printed in the RECORD at the conclu- lowed them into the ravine. unprosecuted. We can, we should, and sion of my remarks. Hassan and his wife realized that one we will convene an international tribu- The PRESIDING OFFICER. Without of their four children was also sepa- nal. We have done that in the past, and objection, it is so ordered. rated from them, and that was the 5- there are two such tribunals ongoing (See Exhibit 1.) year-old boy I mentioned, Dejwar. He right now. Mr. DORGAN. Mr. President, let us was missing. He had gone with his With the leadership of the Senator look at the behavior and the actions of grandfather to the orchard in the ra- from Pennsylvania, we can and will Saddam Hussein and the regime in Iraq vine and stayed there. and should convene that international through the horror of what happened to When some of the smoke lifted, after tribunal for Iraq and do the right a young boy, now dead, named Dejwar, about a half an hour, Hassan and other thing. 5 years of age. In reading Dejwar’s survivors thought it was safe to come This resolution may be controversial story, I am relying on the wonderful to the village. He found his mother and for some, who say that the foggy world reporting work done by Middle East sister ‘‘lying on the ground, overcome of diplomacy does not accommodate Watch and the Physicians for Human by the gas.’’ Symptoms: Hands, legs this kind of decisive and important ac- Rights. Human Rights Watch has pub- paralyzed, trembling, shaking. They tion. I think the foggy world of diplo- lished this work in a book called, ‘‘The tried to swallow water and couldn’t. macy demands this kind of action. Anfal Campaign in Iraqi Kurdistan.’’ Their throats were burning. They were When diplomatic initiatives occur in This book tells a terrible story about vomiting. Hassan later said, ‘‘My the Persian Gulf in the future, it ought happened to Dejwar. mother whispered, ’I think there’s a not occur between respectable dip- On August 25, 1988, at dawn, this 5- hole in my head.’’’ Within several lomats on one side and Saddam Hus- year-old boy, with his father, a farmer, hours after exposure to the smoke, sein as a national leader on the other was awake inside their house in both mother and sister went blind, ac- side. It ought to be Saddam Hussein, a Birjinni. Hassan, the boy’s father, lived cording to family members. convicted war criminal, on the other there with his father and mother, his Hassan went down from the village side, a war criminal convicted by evi- four brothers, his wife and four chil- and found his father and his son Dejwar dence all the world will have seen. dren, of whom Dejwar was one. lying dead outside the orchard. There That is the purpose of this resolution. Hassan, Dejwar’s father, was prepar- were no marks on them. ‘‘It was like Mr. President, I yield the floor. ing to go to the orchards that morning. they were sleeping,’’ he said, ‘‘except EXHIBIT 1 Then the bombs began to drop. The fa- their faces were blue.’’ Then he found CRIMES OF SADDAM HUSSEIN AND IRAQI ther said that the explosions that his two brothers dead in a small cave LEADERS morning were not as strong as other where they had taken refuge. The first category of crimes is crimes bombs that had been dropped on their Mr. President, these are just a few against peace. It has been said that to wage village by the Government of Iraq. paragraphs in a book describing the ex- a war of aggression is the worst of all war The surviving villagers described the perience of one village under attack crimes, because from it other war crimes smoke that morning rising from the with chemical weapons by the country flow. In fact, the Nuremberg and Tokyo war bombs as ‘‘white, black and then yel- of Iraq. crimes tribunals both said that to unleash a low’’ smoke. Those columns of smoke Name another leader on the face of war of aggression ‘‘is the supreme inter- from the bombs rose 50 to 60 meters in this Earth who has decided, not once national crime.’’ In international legal the air. but on numerous occasions, to use terms, a war of aggression is a crime against peace, and the leaders of a government that The smell of gas was ‘‘pleasant, at weapons of mass destruction against wages an aggressive war are culpable for first’’ that morning. ‘‘It smelled of ap- his own people and his neighbors. Name their country’s aggression. ples,’’ they said, smelled of ‘‘something one other country. Only Iraq, only Sad- The regime of Saddam Hussein is guilty of sweet.’’ Several men said it smelled dam Hussein. perpetrating this crime not once but twice. S1870 CONGRESSIONAL RECORD — SENATE March 12, 1998 Often overlooked is the fact that Saddam One of the oldest obligations in inter- to flee, were trapped by troops enveloping Hussein invaded Iran in September of 1980, national law requires that countries immu- the village.’’ Iraqi security forces would cull thinking that a weakened and isolated Iran nity to diplomats and respect the integrity out the men and the boys, who disappeared. would not be able to fend off what was essen- of embassies and their archives and docu- Eyewitness reports suggest that they were tially an Iraqi land grab. The Iran-Iraq War ments. Iraq and Kuwait are parties to 2 con- taken south by truck, killed, and buried in lasted until a cease-fire in 1988. It is esti- ventions on this subject, the Vienna Conven- mass graves. mated that the war left 1 million dead and tions on Diplomatic and Consular Relations. These acts against its own Kurdish popu- 1.7 million wounded. Iraq repeatedly resorted Nevertheless, Iraqi troops violated these con- lation make the Iraqi government guilty of to using chemical weapons during this war. ventions by denying diplomatic immunity to genocide, as that crime is defined by the Iraq’s second war of aggression was the at- those diplomats whose nations refused to Genocide Convention, to which Iraq became tempted annexation of Kuwait, which began shut down their embassies (as demanded by a party in 1959. The Convention prohibits the with an unprovoked Iraqi invasion on August Iraq), seizing and blockading embassies in mass murder of people based on their eth- 2, 1990. This was an attempt by Iraq to annex Kuwait, and abducting people with diplo- nicity. It is clear from Iraq’s own documents Kuwait, to obliterate Kuwait as an independ- matic immunity. that on a mass scale, the Government of Iraq ent state, which is a violation of Chapter I, During the Persian Gulf War, Iraq attempted to eliminate Kurds simply be- Article 2, sections (1) and (4) of the United launched surface-to-surface missiles at popu- cause they were Kurds. This is the definition Nations Charter, of which Iraq is a signa- lated cities in Israel and Saudi Arabia. These of genocide. tory. In addition, it was a violation of Arti- were among Iraq’s more blatant and dra- In its campaign against its own Kurdish cle 25 of the UN Charter for Iraq to refuse to matic crimes. Who can forget the TV footage population, the Iraqi government used chem- accept and carry out 12 specific UN resolu- of Scud missile fragments falling on Tel ical weapons left over from its wartime tions ordering Iraq to withdraw from Kuwait Aviv? In the case of Israel, these were at- stockpile. A U.S. government white paper on and to permit the restoration of Kuwait’s tacks upon a neutral state. In the case of Iraqi weapons of mass destruction says that lawful government. Saudi Arabia, the attacks served no military there were ‘‘numerous Iraqi chemical at- During their illegal occupation of Kuwait, purpose. In both cases, missile bombard- tacks against civilian villages in the 1987 and Iraqi forces occupying Kuwait committed ments were willful and wanton attacks on ci- 1988 time frames . . . in areas close to both many war crimes. The scope of Iraq’s guilt is vilian populations, in violation of the 1907 the Iranian and Turkish borders.’’ That same suggested by a Defense Department report Hague Convention respecting the Laws and white paper also lists 10 instances of Iraqi that states that Iraq’s war crimes included: chemical attacks against Iranian troops or Taking hostages, torture and murder of ci- Customs of War on Land. During and after its occupation of Kuwait, Kurdish civilians. To quote the report: vilians, looting civilian property, looting ‘‘Iraq had an advanced chemical warfare cultural property, indiscriminate attacks on Iraq took extreme steps to destroy Kuwaiti capability that it used extensively against noncombatants by the launching of Scud property—steps that were well beyond what Iran and against its own Kurdish population missiles against cities rather than specific military necessity required. Iraq released military objectives, illegal employment of millions of gallons of crude oil into the Per- during the 1980s. Iraqi forces delivered chem- sea mines, mistreatment of prisoners of war, sian Gulf to gain military advantage, at ical agents (including Mustard 5 agent and and unnecessary destruction of property, as great environmental cost. Retreating Iraqi the nerve agents Sarin and Tabun 6) in aerial evidenced by the release of oil into the Per- forces also set fire to over 700 Kuwaiti oil bombs, aerial spray dispensers, 120-mm rock- sian Gulf and the destruction of hundreds of wells. International law has a convention ets, and several types of artillery both for Kuwaiti oil wells. against such environmental crimes: the Con- tactical military purposes and to terrorize Iraq’s crimes against the people of Kuwait vention on the Prohibition of Military or rebellious segments of the population.’’ included extrajudicial and political killings Any Other Hostile Use of Environmental IRAQI VIOLATIONS OF TREATIES AND UN of hundreds of Kuwaiti civilians, rapes of ci- Modification Techniques. Iraq signed this RESOLUTIONS vilian women, collective punishment of Convention on August 15, 1977 and violated it These chemical weapons attacks, both in neighborhoods where resistance was strong, less than 15 years later. the war against Iran and internally against and pillage and looting of nearly everything Perhaps Iraq’s most fundamental war the people of Kurdistan, raise the issue of of value. crime was its refusal to honor its Charter Iraq’s entire program to develop weapons of According to an article in the Denver Jour- commitment, as a member of the United Na- mass destruction—chemical, biological and nal of International Law and Policy, the acts tions, to ‘‘accept and carry out the decisions nuclear weapons—and the means to deliver of torture committed by Iraqi troops in Ku- of the Security Council.’’ The Security Coun- them. These weapons programs were not war wait included: cil adopted 12 resolutions after Iraq’s inva- crimes that an international tribunal could Beatings, the use of fists, belts, hot metal sion of Kuwait. They called on Iraq to cease prosecute, but they are further evidence by rods and hot skewers, kicking, burning of its war crimes and to withdraw from Kuwait. which to judge Saddam Hussein. Most impor- the skin with fire and acid, sexual torture, We all know that Iraq refused to comply, and tantly, they show a continuing pattern of mock execution, electric shocks, shootings, had to be routed from Kuwait by force. treaty violations and disregard for Security knife slashes, exposure to extreme heat and GENOCIDE AND CRIMES AGAINST HUMANITY Council resolutions. cold for long periods of time, pulling out fin- The violations of international law in Ku- For example, Iraq’s use of chemical weap- gernails and forcing victims to watch rel- wait were systematic and widespread. But ons against Iranian troops was a violation of atives being tortured. All of these actions against the population the international tribunal should not confine the Geneva Protocol of 1925, to which Iraq is of Kuwait were war crimes under relevant itself simply to the Persian Gulf War—to do a party. While most of Iraq’s chemical at- international law, especially the Fourth Ge- so would be to ignore the larger pattern of tacks were in the 1980s, it is only since the neva Convention, which describes obliga- Saddam Hussein’s crimes, of which the inva- Persian Gulf War that the full extent of tions to protect civilians in time of war. sion of Kuwait was only a part. Criminals, Iraq’s chemical arsenal has become appar- Both Iraq and Kuwait are parties to this con- after all, have records—and the criminal ent. UN inspectors have supervised the de- vention. record of Saddam Hussein is a long one. It struction of 40,000 chemical weapons muni- International law also protects citizens of goes back to before the Persian Gulf War, tions (of which 12,000 were filled), 480,000 li- other countries in Iraq or Kuwait. However, and it continued after the war. ters of chemical weapons agents, and 8 types despite being a party to the Fourth Geneva The most enormous crime that Iraqi lead- of chemical weapons delivery systems, in- Convention and to the International Cov- ers have committed was the genocidal Anfal cluding ballistic missile warheads. enant on Civil and Political Rights, Iraq campaign against Kurds in rural areas of Despite Iraq’s commitment to the UN to committed many crimes against third coun- northern Iraq. Relying on over 300 inter- destroy its chemical weapons and production try nationals. These crimes included pre- views, field work in Iraqi Kurdistan, and fo- facilities, Iraq is poised to resume its pro- venting Western and Arab refugees from rensic material, and using a captured cache duction. According to the white paper, leaving Iraq and Kuwait, subjecting third of official Iraqi documents, Human Rights ‘‘UNSCOM believes Iraq continues to conceal country nationals to arbitrary arrest and de- Watch has concluded that the Anfal cam- a small stockpile of chemical weapons tention, taking some of them hostage and paign against Iraqi Kurds involved the ‘‘sys- agents, munitions and production equip- using them as human shields, and murdering tematic, deliberate murder of at least 50,000, ment.’’ If this is the case, it is a direct viola- Egyptians, Iranians, Pakistanis and others and possibly as many as 100,000, Kurds.’’ The tion of the United Nations cease-fire resolu- in Kuwait. campaign involved the destruction of thou- tions, which, under the UN Charter, Iraq has Iraq is also a party to the Geneva Conven- sands of Kurdish villages, and the murder, an obligation to obey. Ominously, the white tion Relative to the Treatment of Prisoners disappearance, extermination by chemical paper notes that ‘‘Since the Gulf War, Iraq of War, which requires good treatment and weapons, or forcible resettlement of hun- has rebuilt two facilities it once used to protection of POWs. However, during the oc- dreds of thousands of Kurds. produce chemical agents and has the capabil- cupation of Kuwait, Iraqi forces committed A Human Rights Watch report describes ity to shift smaller civilian facilities to war crimes against POWs, including physical how this campaign of genocide worked, vil- chemical weapons production.’’ and mental torture to coerce POWs to reveal lage by village. ‘‘A village was often first Iraq’s record is even worse with respect to information, using POWs as human shields, shelled or bombed, sometimes with chemical biological weapons. Despite Iraq’s commit- and displaying injured POWs on Iraqi tele- weapons, evidently of the type used in the ment to reveal all of its weapons of mass de- vision. Iran-Iraq war. The inhabitants, attempting struction programs, and despite the demands March 12, 1998 CONGRESSIONAL RECORD — SENATE S1871 of the UN that it do so, it was only after the numbered 1933 to the pending resolu- oil sales. Mr. President, this is the only defection in August 1995 of Saddam Hussein’s tion way we can bring Saddam to his knees. son-in-law Husayn Kamil, the former head of The PRESIDING OFFICER. The We must effectively cut off the flow of Iraqi military industries, that Iraq owned up clerk will report. oil from Iraq. to its biological weapons program. According to the Administration white The assistant legislative clerk read I would like to share a few facts that paper, Iraq’s biological weapons activities as follows: my colleagues may not be aware of but included producing 8,500 liters of anthrax, The Senator from Alaska [Mr. MURKOW- that are critical to the issue of how 19,000 liters of botulinum toxin and 2,200 li- SKI], for Mr. SPECTER and Mr. DORGAN, pro- Saddam Hussein maintains his current ters of alfatoxin. Iraq also prepared biologi- poses an amendment numbered 1933. grip on power. cal weapons munitions, including 25 Scud Mr. MURKOWSKI. I ask unanimous Revenue from oil exports have his- missile warheads (5 anthrax, 16 botulinum consent reading of the amendment be torically represented nearly all of toxin, 4 alfatoxin), 157 aerial bombs, and aer- dispensed with. ial dispensers. Iraq researched other ways of Iraq’s foreign exchange earnings. In the using biological weapons, including 155mm The PRESIDING OFFICER. Without year preceding Operation Desert artillery shells, artillery rockets, a MiG–21 objection, it is so ordered. Storm, Iraq’s export earnings totaled drone, and aerosol generators. The amendment is as follows: $10.4 billion, with 95 percent of that at- The Iraqi biological weapons program was Strike all after the resolving clause and in- tributed to petroleum exports. So a clear violation of the Biological Weapons sert the following: make no mistake about where the reve- Convention, which Iraq signed, incredibly That the President should— nue comes from. It comes from his oil. enough, in 1991. Is there any greater indica- (1) call for the creation of a commission tion of Saddam Hussein’s criminality than under the auspices of the United Nations to Iraq’s imports during the same year, his legal commitment in that year to de- establish an international record of the 1990, totaled only $6.6 billion. stroy his stockpile of biological weapons—a criminal culpability of Saddam Hussein and U.N. Security Council Resolution 687, pledge that he clearly never intended to ful- other Iraqi officials; passed in 1991 at the end of the Gulf fill? (2) call for the United Nations to form an war, requires that international eco- Lastly, Iraq has confessed to a nuclear international criminal tribunal for the pur- nomic sanctions, including an embargo weapons development program, but again pose of indicting, prosecuting, and imprison- on the sale of oil from Iraq, remain in only after Husayn Kamil’s defection in 1995. ing Saddam Hussein and any other Iraqi offi- According to the white paper, ‘‘Iraq has ad- cials who may be found responsible for place until—I emphasize ‘‘until’’—Iraq mitted experimenting with 7 uranium en- crimes against humanity, genocide, and discloses and destroys its weapons of richment techniques. . . . Iraq planned to other violations of international humani- mass destruction programs and capa- build a nuclear device in 1991.’’ tarian law; and bilities and undertakes uncondition- Since the Gulf War, Iraq has violated the (3) upon the creation of a commission and ally never to resume such activities. safeguards and inspection agreement that it international criminal tribunal, take steps Well, where are we? The teeth in Res- signed with the International Atomic Energy necessary, including the reprogramming of olution 687 have effectively been re- Agency, which is attempting to monitor funds, to ensure United States support for ef- Iraq’s nuclear program. The United Nations forts to bring Saddam Hussein and other moved with the expansion of the so- Security Council, in several resolutions, has Iraqi officials to justice. called oil-for-food exception to the sanctions. The first loosening of the denounced Iraq’s failure to comply with the Mr. MURKOWSKI. I ask unanimous cease-fire resolution (#687) and with Iraq’s sanctions occurred in 1995 when Secu- consent the amendment be considered obligations under international law, includ- rity Council Resolution 986 allowed ing treaties—the Nonproliferation Treaty, as read and agreed to. The PRESIDING OFFICER. The Iraq to export $1 billion in oil every 90 the Geneva Protocol of 1925 and the Biologi- days, which is $4 billion over a year. cal Weapons Convention. The Security Coun- question is on agreeing to the amend- cil has concluded that: ment. Most recently, during the period Iraq is ‘‘in flagrant violation of [the cease- The amendment (No. 1933) was agreed when Saddam was again violating Se- fire] resolution’’; to. curity Council resolutions by refusing Iraq’s weapons development activities are Mr. MURKOWSKI. I rise in support of to allow international inspectors to ‘‘material breaches of its obligations’’ under Senator SPECTER’s resolution which conduct their work, the United Nations the cease-fire resolution; and calls for the establishment of a war voted to more than double the amount Iraq’s failure to comply with the safe- of oil Iraq can export next year. guards agreement ‘‘constitutes a breach of crimes tribunal to bring Saddam Hus- its international obligations’’ under the Non- sein to justice. I agree that it is justifi- On February 20, the U.N. Security proliferation Treaty. able that Saddam Hussein be pros- Council, with the Clinton administra- Mr. SPECTER addressed the Chair. ecuted as an international war crimi- tion’s support, adopted Resolution 1153, The PRESIDING OFFICER. The Sen- nal, thereby removing him from power. which will allow Iraq to export $10.52 ator from Pennsylvania. Such an action would eliminate the billion in oil sales per year. That is Mr. SPECTER. How much time re- problem facing the United States and a $5.256 billion every 6 months. In other mains under the agreement? good part of the free world today. words, Iraq is now authorized to export The PRESIDING OFFICER. The Sen- Certainly with his systematic action nearly as much oil, in today’s dollars, ator from Pennsylvania holds 49 min- to destroy the population of the civil- as it did before it invaded Kuwait. utes 7 seconds; the other side holds 47 ian Kurds in Iraq through the use of So what are we doing, Mr. President? minutes 37 seconds. chemical weapons in 1988, his war of We are obviously increasing Saddam Mr. SPECTER. Mr. President, I urge aggression against Kuwait in 1990, his Hussein’s ability to generate a greater any of my colleagues who wish to missile attacks on Israel in 1991, and cash flow to fund his purposes, that are speak on this resolution to come forth his involvement in the attempt to as- certainly suspect, to say the least. at this time. sassinate former President Bush in The question is, Will the United In the absence of any Senator seek- 1993, there is no doubt in my mind that States force Iraq to wait to rebuild its ing recognition, I suggest the absence there is sufficient evidence to pursue oil production capability until it meets of a quorum. him as a war criminal. the conditions imposed at the end of The PRESIDING OFFICER. The Mr. President, I think this resolution the Gulf war? We clearly have that an- clerk will call the roll. is only one of the policies that this ad- swer: It is quite the contrary. In fact, The legislative clerk proceeded to ministration should pursue to shut paragraph 12 of Resolution 1153 directs call the roll. down Iraq’s terrorist regime. I propose the Secretary General to establish a Mr. MURKOWSKI. Mr. President, I one more, one that I raised earlier in group of experts to determine whether ask unanimous consent that the order this body this week. I think we must go Iraq has the production and transpor- for the quorum call be rescinded. back to the original purpose of the eco- tation capacity to export the full The PRESIDING OFFICER. Without nomic sanctions against Iraq and shut amount allowed. Well, the resolution objection, it is so ordered. down Saddam Hussein’s ability to fund goes on to say that the Security Coun- AMENDMENT NO. 1933 his programs for weapons of mass de- cil ‘‘expresses its readiness’’ to author- Mr. MURKOWSKI. Mr. President, on struction. ize ‘‘the export of necessary equipment behalf of the leader and on behalf of In other words, Mr. President, cut off to enable Iraq to increase the export of Senator SPECTER, I call up amendment his cash flow, which comes from illegal petroleum or petroleum products.’’ S1872 CONGRESSIONAL RECORD — SENATE March 12, 1998 Clearly, we are giving him the green The resolution provides for infrastruc- larly adept at accountability—and to light to increase his production capa- ture improvements, such as sewers and develop measures that will prevent the bilities. electricity—all activities that would illegal leakage of oil into the world Nowhere does the resolution mention normally be undertaken by the Iraqi marketplace. the potential arms control problems Government. I introduced a resolution 2 weeks presented by allowing Iraq to resume I have a few theories about the moti- ago—Senate Concurrent Resolution No. the import of petroleum equipment, vation of the interested parties. From 76—which would send that message to some of which is dual-use and some of the standpoint of the Clinton adminis- this administration. I plan to amend which can easily be disguised. tration, this may have been viewed as the resolution to reflect what is We witnessed his efforts in the early a counterbalance to the call for mili- learned in the congressional hearings, 1980s to disguise shipments into Iraq tary action. I think it was certainly and will ask the Senate to take action that, at that time, were explained to counterproductive. But in any event, on it in the near future. the United States as ‘‘parts for his re- that was their decision. My resolution will call on the admin- fineries,’’ when in fact they turned out But for the other members of the Se- istration to consider a few options. The to be parts for his huge cannon or pipe curity Council, particularly those who first would be expanding the Multi- gun. oppose the use of military force—Rus- national Interdiction Force, MIF, in Even as President Clinton vowed to sia, France, and China—the motivation the Gulf of Arabia and ensuring that ‘‘keep the sanctions on’’ Iraq until the is clear. The motivation is economic. the rules of engagement allow MIF regime lives up to most of its commit- As a recent Wall Street Journal article forces to effectively interdict vessels ments, we are obviously creating a observed: containing contraband oil. giant loophole for Iraq’s most impor- For Kremlin envoys, more than $10 billion Second, using all diplomatic means tant commodity—and that is oil—to in contracts and debt is at stake in bringing available to ensure that other coun- find its way out into the markets of an end to the United Nations economic sanc- tries in the region are not aiding ille- the world. tions against one of Russia’s biggest trading gal oil exports in violation of the U.N. Mr. President, I recommend to my partners. Indeed, even under the U.N. embargo, Rus- resolution. colleagues an excellent analysis of the sian oil companies have been the prime bene- Third, inspecting all vessels leaving problems with the expansion of the oil ficiaries of the oil-for-food program. It is re- the Iraqi Port of Basra to ensure that program by Patrick Clawson, which ported that Russia signed and delivered 36 the economic sanctions are not being came out of the Washington Institute contracts to supply pharmaceuticals worth circumvented. This type of blockade is for Near East Policy, entitled ‘‘Oil for $100 million to Iraqi hospitals under the U.N. justified under existing U.N. resolu- Food Or the End of Sanctions.’’ I ask deal. tions implementing economic sanc- unanimous consent that the text of Russia’s heavy industry would also tions. We maintain in the skies, in ef- this article be printed in the RECORD at benefit by supplying oil equipment, fect, what amounts to a blockade, and the conclusion of my remarks. such as platforms and rigs, to Iraq, as we certainly have the right to enforce The PRESIDING OFFICER. Without would Russian arms makers. Of course, the movement of illegal oil that is objection, it is so ordered. some Russian companies have not coming out of Iraq. (See Exhibit 1.) waited for the end of the sanctions. And, fourth, entering into negotia- Mr. MURKOWSKI. Further, it should Iraq obtained several Russian gyro- tions with oil-producing nations to en- be noted that using this program to scopes used for aiming Scuds back in courage them to make subsidized sales feed his people and to provide medicine 1995. We know that. And just last week, of oil to Jordan so that Iraqi-Jordanian frees up other resources that can be U.N. inspectors accused Russia of sell- oil-flows can simply be shut off. used to finance his factories of death. ing Iraq huge steel drums that can be Mr. President, oil is the key to con- Moreover, the increase in illegal used to produce biological warfare trolling the future of the military ca- sales of petroleum products coincided agents. pacity of Iraq. We have to control it if with implementation of the oil-for-food I should note that both China and we are ever going to control Saddam program in 1995. Part of this oil is mov- France have similar conflicts of inter- Hussein. ing via truck across the Turkey-Iraq est in that their close economic ties to This concludes my remarks. Mr. border. A more significant amount is Iraq and their desire for Iraqi oil have President, I thank the Chair. I thank moving by sea vessel through the Per- made them hard set against any mili- the Senator from Pennsylvania for sian Gulf. Exports of contraband Iraqi tary action. yielding me time to talk on this Iraqi oil through the Gulf have jumped With the United Nations having now issue. seven-fold in the past year, from $10 negotiated a deal with Saddam Hussein EXHIBIT 1 million in diesel fuel sales in 1996 to $75 that appears, in the short term at [From Policywatch, Feb. 26, 1998] million in 1997. Furthermore, Iraq has least, to have sidetracked military op- ‘OIL FOR FOOD’ OR THE END OF SANCTIONS? been steadily increasing exports of oil tions, and with members of the Secu- (By Patrick Clawson) to Jordan, from 60,000 barrels per day rity Council actively working to let at the end of Operation Desert Storm Saddam off the hook, what can the While Kofi Annan’s diplomacy has received headlines, another Security Council action to an expected 96,000 barrels per day United States do unilaterally to ad- last week—approval of United Nations Secu- this year. An ABC News report in De- vance our national security interests? rity Council Resolution (UNSCR) 1153 on cember of 1997 cited the Center for I am pleased to announce that Sen- February 20—was subject to remarkably lit- Global Energy Studies’ estimate that ator HELMS and the Foreign Relations tle scrutiny. This resolution, designed to ex- Saddam Hussein was generating $300 Committee and, in my capacity as pand the existing oil-for-food program with million to $400 million a year from con- chairman of the Energy and Natural Iraq, was intended to blunt criticism from traband oil sales. Resources Committee, will be holding Arab and others as the way was prepared for Mr. President, I have absolutely no hearings on this matter in the very a military option. However, in vastly ex- doubt that allowing Saddam to in- near future. Our Committees will look panding the amount of oil Iraq can export and loosening the restrictions on what it can crease his oil production under the new specifically at enforcement and mon- import, this U.S.-backed measure went a resolution means that contraband oil itoring of the oil-for-food program, the long way towards undermining the existing exports will increase proportionately. flow of contraband oil out of Iraq, the sanctions regime and removing much of the It is this illegal flow of oil that is the effect of the lifting of the sanctions on incentive for Iraq to fulfill its arms inspec- lifeline that keeps his Republican Iraq by the United Nations, and the tion obligations. Guards well fed and his weapons of beneficiaries of that change of policy. No Effective Limits on Iraqi Oil Exports: mass destruction program on track. I believe Congress should instruct the UNSCR 1153 authorizes oil exports of $10.66 Finally, Mr. President, Resolution administration to pursue means to billion per year ($5.256 billion per 180 days). By contrast, Iraqi oil exports in 1981–89 aver- 1153 does more than address humani- tighten the oil-for-food monitoring aged $9.54 billion per annum; adjusting for tarian imports; it finances almost the program so that we are assured that we inflation, that would be the equivalent of full range of imports that Iraq would have the accountability—and the about $11.5 billion now. In other words, Iraq make were it not under the sanctions. United Nations has never been particu- is now authorized to export nearly as much March 12, 1998 CONGRESSIONAL RECORD — SENATE S1873 oil as it did before it invaded Kuwait. Indeed, chemicals are being used as claimed.) An- data are consistent with a normal level of the Iraqi government actually complained to other component of UNSCR is its authoriza- births and a normal level of infant mortality the UN that the oil export level authorized tion for the import of medicine and other re- and inconsistent with Iraq’s claim of a high by UNSCR 1153 is too high. In his letter, current health costs. In fact, this resolution infant mortality rate. Tariq Aziz said Iraq’s operational capacity permits Iraq to import $117 million of such Implications: UNSCR 1153 is a big victory was limited to $8 billion a year in exports goods, an amount that exceeds the health-re- for Saddam. He has come a long way towards and that any higher target was ‘‘unrealistic lated imports its neighbors Iran or Turkey, his goal of the lifting of sanctions. He is now and unfeasible’’ (Security Council Press Re- each with populations three times Iraq’s. authorized to export oil effectively without lease 6478). The UN-authorized limit trans- More than Sufficient Food: If the principal limit and to import nearly all types of civil- lates into 2.25 million barrels per day (MBD), international concern is to alleviate mal- ian goods at about half the pre-war level, if the price averages $13 per barrel. In addi- nutrition, the food imports under the origi- which is about all his war-ravaged country tion, Iraq produces .4 mbd for domestic use nal oil-for-food program were already suffi- could absorb in any case. This effectively and .2 mbd for export to Jordan and smug- cient. UNSCR 1153 will take the average eviscerates one of the main incentives for gling out the Gulf or to Turkey. That means Iraqi’s intake to levels far beyond which the Iraqi cooperation with UNSCOM—i.e., the Iraq would have to produce 2.85 mbd to make U.S. government recommends for the aver- prospect that sanctions would be lifted once use of the full UN quota. In fact, it is un- age America. UNSCOM certifies Iraqi compliance on weap- likely that Iraq could produce more than 2.5 While the food distribution program under ons of mass destruction, as outlined in mbd today and it may take Iraq until the the original oil-for-food resolution began, UNSCR 678 paragraph 22. By going much of end of 1999 before it could reach a production the situation improved markedly after the the way towards lifting sanctions, UNSCR level that takes full advantage of the UN-au- arrival in Baghdad last September of Dennis 1153 gives Saddam less reason to cooperate thorized exports. In short, Iraq faces no ef- Halliday, an Irish public administration ex- with UNSCOM than ever before. pert. Three million tons of food has arrived fective limit on its oil exports, because it is Mr. HELMS. Mr. President, I confess now permitted to export all the oil it is now in country, more than 90 percent of which capable of pumping. has been distributed. This has amounted to a measure of regret that it has taken To assist Iraq in expanding its oil produc- regular distribution of a ration of 2,030 cal- the Congress this long to state the ob- tion, the Security Council (in UNSCR 1153 ories per Iraqi day from flours, rice, legumes, vious in a clear and formal way that para. 12) ‘‘expresses its readiness [to] sugar, cooking oil, and baby milk. In addi- Saddam Hussein is a murderer, and authoriz[e] the export of the necessary tion, tea, salt, soap, and detergent are also should be brought to justice. I recall equipment to enable to increase the export distributed. UNSCR 1153’s new distribution the occasion almost 10 years ago, when of petroleum’’ if the Secretary-General re- plan envisages increasing Iraqi rations to ports this is necessary after consulting ex- 2,463 calories a day. In addition, Iraq pro- I stood on this Senate floor and con- perts. Were Iraq to resume large-scale im- duces fruits, vegetables, and lamb—none of demned Saddam Hussein’s crimes ports of oil-field equipment, that would pose which are in the rations—sufficient to pro- against his own people. Senator Pell, serious arms control problems. Not only is vide on average an extra 500 calories per day. then the distinguished chairman of the some equipment dual-use (e.g., heavy That means the Iraqi diet will rise to an av- Foreign Relations Committee, and I trucks), but it is important to remember erage 2,950 calories per day, a level that joined in offering amendment after that Iraq disguised its ‘‘super gun’’ barrel as equals almost 95 percent of the Iraqis’ pre- amendment on various bills then being an oil pipeline, convincingly enough to mis- 1990 intake of 3,100 calories per day. To put considered by the Senate. Senator Pell lead some of the ‘‘pipe’’ producers. this in context, the U.S. Department of Agri- Imports at Half of Pre-War Level: UNSCR culture recommends that a healthy diet for and I were dismayed that there seemed 1153 does more than provide humanitarian an adult American is 2,200–2,400 calories per so little interest in calling the world’s imports: it finances almost the full range of day. attention to the sadistic tyranny of imports that Iraq would make were it not Furthermore, the money authorized for Saddam Hussein. under sanctions. (One remaining exception food imports is well above that needed to Mr. President, anyone who believes are consumer durables, like automobiles.) In produce this diet. The UNSCR 1153 plan allo- that Saddam is a man who ‘‘can be fact, UNSCR 1153 provides imports at about cates $1.4 billion for food imports for 180 trusted’’, a man with whom we can ‘‘do half the pre-war level, putting the lie to the days. That works out to $129 per person per business’’ and have a ‘‘human relation- idea that Saddam is stuck in an ever-con- year, which is way out of line with the cost stricting ‘‘box.’’ of other international relief efforts. Perhaps ship’’ (I am quoting the Secretary Gen- Here, the numbers are instructive. Of the the UN plan is to provide Iraqis with a more eral of the United Nations on these $10.66 billion a year in UN-authorized ex- tasty and varied diet. But the possibility re- points), needs to be reminded not only ports, $3.20 billion (30 percent) will be with- mains that Iraqis will find ways to divert of the 148 lives lost in combat in Desert held as compensation payment for war funds, for instance, by over-invoicing (claim- Storm or of the 37 lives lost on the losses, to be distributed by the Geneva-based ing goods cost more than they actually do). U.S.S. Stark, but also of those pitiful UN committee handling such claims. After Humanitarian Crisis? The Iraqi govern- women and children of Iraqi Kurdistan deducting for UN operations in Iraq, about ment makes lurid claims about hundreds of $7.1 billion will remain for imports ($3.5 bil- thousands of infants dying because of the who were deliberately burned beyond lion each 180 days). Iraq will also have about sanctions. These claims are parroted by recognition by Saddam’s chemical $.5 billion a year from its non-1153 oil sales, international organizations, like UNICEF, weapons. I remind them of the Anfal mostly to Jordan. In total, then, Iraq will which release reports based entirely on Iraqi- campaign and the city of Halabja, and have about $7.6 billion a year for imports. By provided data. However, there is no reason to the hideous deaths of tens of thousands contrast, Iraqi non-arms imports in 1981–89 expect Iraqi data about malnutrition to be of innocent people. averaged $12.1 billion per year; adjusting for any more accurate than Iraqi data about Let’s face it, Mr. President, Saddam inflation, that would be about $14.5 billion weapons of mass destruction. Yet even if one Hussein is the world’s worst and most per year now. In other words, Iraq will be au- were to take Iraqi data at face value, with- treacherous nightmare. He is a brutal thorized to import goods at about half the out the international inspection of Saddam’s pre-war level. humanitarian situation that Baghdad pre- and totally unremorseful killer with Another wrinkle in UNSCR 1153 is that it vents, then some Iraqi statistics suggest weapons of mass destruction and he is allocates large sums to items other than there may not be as acute a humanitarian willing to use them at the slightest food, the main focus of the original oil-for- problem as Iraq contends. Iraq’s 1997 census provocation. food resolution (UNSCR 986). Of the initial showed a population increase of 3.5 million Mr. President, we must not be de- 180-day imports of $3.5 billion, the plan in- since 1990’s 18.5 million. As even the official ceived. Should Saddam Hussein escape cludes $1.1 billion for investment (non-recur- newspaper Al-Jumhurriyah admitted (Octo- the yoke of sanctions, he once again rent costs). That includes $449 million for the ber 18, 1997), ‘‘This is an unusual increase for will begin to amass weapons. He will be rehabilitation of hospitals and clinics, $305 a people who have been exposed to embargo, million in water sanitation, $143 million in starvation, and disease and who have con- a threat to the United States and the agriculture, $77 million in electricity, $30 sistently lost 20,000 persons per month.’’ American people, and to our allies in million in resettlement, and $92 million in To have the increase shown in the census the Middle East, and the people of Iraq. education. This is far more than humani- (500,000 a year) and allowing for deaths, there The Clinton Administration pretense tarian relief; it is a significant investment must have been each year 700,000 infants who that all that is needed are sanctions in program. Furthermore, the large authorized survived. Iraqi pre-war data on births show order to face up to Saddam’s threat is imports of agricultural and sanitation that 700,000 births a year is about what could dangerous nonsense. Sanctions deal chemicals, including dual-use precursors for have been expected in Iraq in the mid-1990s, chemical weapons, will provide Iraq many given the past pattern. That does not leave with weapons—but the question is, who opportunities to divert part of this incoming room for the claimed 100,000-plus deaths a is going to deal with Saddam—and stream. (And it will not be practical to post year of infants due to sanctions. In other how? UN monitors at every Iraqi farm, barn or words, unless there was some unusual in- It is past time to set in motion a field to ensure that all the agricultural crease in the birth rate, the Iraqi census process of gathering evidence, forming S1874 CONGRESSIONAL RECORD — SENATE March 12, 1998 a tribunal, indicting and prosecuting tal population control program, and Foreign Operations, Export Financing, and Saddam Hussein. He is a war criminal. why it occasionally assures Congress Related Programs Appropriations Act, 1998, He is a murderer. Let there be an end that it really does not want UNFPA in (H.R. 2159), as enacted by P.L. 105–118, we are China. In fact, the Administration writing to inform you that the United Na- to the pretense that installing cameras tions Population Fund (UNFPA) will begin a and finding biological weapons toxins went so far as to put this in writing. new program in the People’s Republic of will end our problems with Iraq. I have at hand a letter from AID’s China this year. UNFPA has budgeted $5 mil- We need to get the weapons, yes. We Administrator, Brian Atwood, dated lion for the China program in 1998, out of a also need, one way or another, to get September 10, 1993, promising that, total four-year program budget of $20 mil- Saddam. ‘‘. . . if there are not significant im- lion. UNFPA’s previous program in China ended in 1995. UNFPA reported to the De- f provements in China’s population pro- gram, the United States will not sup- partment of State, as we in turn reported to VISIT TO THE SENATE BY THE port continued UNFPA assistance to you, that no funds were spent in China in 1996 or 1997. PRIME MINISTER OF THAILAND, China beyond 1995 when the current As you know, the U.S. has long opposed CHUAN LEEKPAI program ends.’’ The same promise was plans for a new China program. While we made to other members of Congress. RECESS continue to have concerns regarding renewed Mr. President, this promise is signifi- UNFPA assistance to China, support for a Mr. THOMAS. Mr. President, I ask cant because decisions about UNFPA’s new program has been strong among every unanimous consent that the Senate programs are made by consensus by its other member country represented on the stand in recess for 5 minutes for the Executive Board. In other words, as a UNFPA Executive Board. Consequently, on purpose of receiving the Prime Min- leading contributor to UNFPA, and a January 19, 1998, the Executive Board ap- ister of Thailand. proved a new program for China. This new member of its Executive Board, the four-year program is the result of more than There being no objection, the Senate, United States had the opportunity and at 5:22 p.m., recessed until 5:27 p.m.; two years of extensive negotiations between the wherewithal to veto a renewal of UNFPA and Chinese government officials. It whereupon, the Senate reassembled China’s program. But the Clinton Ad- involves activities in 32 counties designed to when called to order by the Presiding ministration refused to do so, despite improve the delivery of voluntary family Officer (Mr. COATS). promises made to Congress, and despite planning and related health services. The f their own admission that China’s popu- program is an attempt to demonstrate that lation program has not made ‘‘signifi- couples, given the family planning and relat- MORNING BUSINESS ed health services they need, will freely and cant improvements’’. responsibly plan their families and help the Mr. MURKOWSKI. Mr. President, on Consider the U.S. statement at Chinese fulfill their stated intention of behalf of the majority leader, I ask UNFPA’s Board meeting: ‘‘We believe eliminating incentives and disincentives unanimous consent that there now be a that this program may have the poten- from their nation’s family planning program. period of morning business. tial to demonstrate clearly the efficacy A key element of this new program is a com- The PRESIDING OFFICER. Without and sustainability of volunteer, non-co- mitment by the Chinese to suspend or re- objection, it is so ordered. ercive family planning.’’ Mr. President, move birth quotas and targets in project this is cheerleading. It is an endorse- counties. As such, the program reflects the f principles of voluntarism and non-coercion ment rather than opposition, as prom- ADMINISTRATION’S RECORD AL- which we and the international community ised. have been asking China to adopt and begins LOWS CHINA TO GET BY WITH It is curious, Mr. President, that to address many of the concerns we have WHOLESALE MURDER UNFPA’s previous 15 year program in about China’s family planning policy. We Mr. HELMS. Mr. President, the For- China failed to ‘‘demonstrate clearly will be monitoring this new program closely. eign Relations Committee recently re- the efficacy and sustainability of vol- As Title IV requires, the $5 million that unteer, non-coercive family planning’’. UNFPA plans to spend in China in 1998 will ceived an alarming letter—which the be deducted from the $25 million appro- State Department was required to send Clearly, communist China sees nothing priated in the law for the U.S. contribution pursuant to Title IV of public law 105– wrong with its policy of forced abor- to UNFPA. 118—explaining that the United Na- tion. UNFPA’s Executive Director ac- If you would like further information on tions Population Fund (known as tually praised communist China for the UNFPA program in China, we would be UNFPA) is renewing its highly con- ‘‘achievements’’ in controlling its pop- pleased to arrange a briefing. troversial population control program ulation growth. For the State Depart- Sincerely, ment to pretend that UNFPA now BARBARA LARKIN, in communist China. Assistant Secretary, Surely, the most inhumane human cares whether China’s program is coer- Legislative Affairs. rights abuses in China occur in the cive or not is dishonest. name of reducing its birth rate. Under Mr. President, apparently the Admin- THE ADMINISTRATOR, AGENCY FOR Red China’s population control regime, istration cannot or will not keep its INTERNATIONAL DEVELOPMENT, women who already have one child are word when it comes to this issue. Washington, DC, September 10, 1993. forced to abort their babies, and forced Therefore, I intend to make every ef- Hon. JESSE HELMS, Committee on Foreign Relations, Washington, to undergo sterilization procedures. fort to see that Congress cuts off fund- ing for UNFPA once and for all. I DC. Nazi Germany could not have designed DEAR SENATOR HELMS: Thank you for your a system more brutally efficient than therefore ask unanimous consent that letter of August 16, 1993, requesting addi- China’s—which systematically kills all the following letters be printed in the tional information about the Administra- but firstborn babies. And from the be- RECORD at the conclusion of my re- tion’s decision to provide assistance to the ginning, UNFPA has worked hand-in- marks: (1) a February 13, 1997, letter to United Nations Population Fund (UNFPA) glove with communist Chinese authori- me from Barbara Larkin, Assistant and the Human Reproduction Program of the World Health Organization (WHO/HRP). ties. Secretary of State for Legislative Af- In fact, Presidents Reagan and Bush fairs; (2) a September 10, 1993, letter to UNFPA POLICY DETERMINATION suspended funding for UNFPA precisely me from AID Administrator Brian At- Rapid population growth presents enor- wood; and (3) a May 18, 1994, letter to mous problems for developing and developed because of its activities in China, and countries in the immediate future. This Ad- Rep. SMITH from AID Administrator it was not until President Clinton was ministration is acting to establish a role for sworn in (promising to keep abortions Brian Atwood. the United States as a world leader to meet ‘‘safe, legal and rare’’) that UNFPA There being no objection, the mate- this challenge. President Clinton invited the begin receiving U.S. taxpayer funds rial was ordered to be printed in the Executive Director of UNFPA to a White again. President Clinton’s support for RECORD, as follows: House ceremony on January 22, 1993, when he UNFPA has never wavered, even U.S. DEPARTMENT OF STATE, ordered A.I.D. to stop implementing the though China never backed off its Washington, DC, February 13, 1998. Mexico City Policy; he has directed a reorga- nization of the State Department to reflect forced abortion policy. Hon. JESSE HELMS, Chairman, Committee on Foreign Relations, the greater priority placed on population as So now you know, Mr. President, why U.S. Senate. a global issue; and in May, State Department the Administration occasionally gives DEAR MR. CHAIRMAN: Pursuant to Title IV Counselor Wirth reconfirmed the Clinton Ad- lip service to the critics of China’s bru- (Multilateral Economic Assistance) of the ministration’s intention to resume funding March 12, 1998 CONGRESSIONAL RECORD — SENATE S1875 for UNFPA during his remarks to the Second These sections state: ‘‘(f) PROHIBITION ON The United States, pursuant to law and Preparatory Committee for the Inter- USE OF FUNDS FOR ABORTIONS AND INVOLUN- Administration policy, insists that no U.S. national Conference on Population and De- TARY STERILIZATIONS.—(1) None of the funds funds be used by UNFPA in China and we velopment. made available to carry out this part may be have established mechanisms to ensure that The United States strongly opposes coer- used to pay for the performance of abortions UNFPA abides by its commitment not to use cion in family planning programs, and State as a method of family planning or to moti- U.S. funds in China or to free up resources Department representatives to the UNFPA vate or coerce any person to practice abor- for use in that country. Governing Council meeting in June ex- tions. Beyond the question of U.S. funds, as a pressed our dismay about reported continued * * * * * member of UNFPA’s Executive Board, the abuses in China. In deciding to resume as- United States will not support a renewal of ‘‘(3) None of the funds made available to sistance for UNFPA, this Administration did UNFPA’s program in China unless there are carry out this part may be used for any bio- not determine that China’s population con- significant improvements in reproductive medical research which relates, in whole or trol program is not coercive, but rather that freedom there. We take this position not be- in part, to methods of, or the performance of, UNFPA does not support or participate in cause UNFPA condones or supports pro- abortions or involuntary sterilization as a the management of a program of coercive grams in China to which we object; UNFPA means of family planning.’’ emphatically rejects such strategies and has abortion or involuntary sterilization. It is clear from the words of this statute This Administration does not believe it stated its policy of not participating in such that Congress intended to prevent the use of should attribute to UNFPA human rights efforts. Our objection is with Chinese prac- appropriated dollars to pay for the abortion violations in a government’s population pro- tices, and the U.S. will review conditions in activity described in these sections. The re- gram unless there is clear evidence that China carefully if it requests another new striction does not make an organization in- UNFPA knowingly and intentionally pro- UNFPA assistance program. It is important eligible for assistance, however, if it uses its vides direct funding or other support for to note, however, that the ultimate decision own money, or funds from other sources, to those abuses. The Kemp-Kasten amendment about whether to renew UNFPA’s program finance abortions or research about abortion is an ambiguous provision, and Congress did will be made by UNFPA’s Executive Board, as a method of family planning as long as it not indicate an intention to apply this re- comprised of donors, of which the U.S. rep- agrees not to use United States funds for striction automatically and more broadly to resents only one vote, albeit an important those purposes. an organization which provides assistance to Since Sections 104(f) (1) and (3) were en- one. Finally, with respect to the fiscal year 1995 a country that has a program of coercive acted in 1973 and 1981, respectively, A.I.D. budget request, the Executive Branch rou- abortion or involuntary sterilization. We has implemented these limitations by a pro- tinely has included funding for UNFPA in also do not consider it appropriate to with- vision in its population assistance agree- the foreign assistance budget every year, hold funding when UNFPA is not directly in- ments in which the recipient agrees not to even during the period 1986–1992 when USAID volved with these abuses because the nation- use grant funds for the proscribed actions. did not make a contribution to UNFPA. members of the Governing Council, rather As indicated in my letter of August 6, 1993, If I can provide you with further informa- than UNFPA, decide whether UNFPA will the arrangement with WHO/HRP goes fur- tion, please let me know. assist a country that requests it. ther than is standard practice and requires During the June Governing Council meet- Sincerely, WHO/HRP to maintain the A.I.D. contribu- ing, the Executive Director of UNFPA like- J. BRIAN ATWOOD, tion in a separate suballotment to ensure wise condemned coercion in family planning Administrator. that no United States funds are used for the programs. She explained that UNFPA has purposes prohibited by Sections 104(f) (1) and f had a constant dialogue with Chinese offi- (3) of the FAA, including tests of RU–486. In cials about reproductive freedom and mon- FIRST MEETING OF THE NA- addition WHO/HRP will report to A.I.D. itors its projects carefully to ensure adher- TIONAL BIPARTISAN COMMIS- about where United States funds are used ence to universally accepted standards of and provide adequate documentation to de- SION ON THE FUTURE OF MEDI- human rights. Several other country mem- scribe and support the stated expenditures. CARE bers of the Governing Council repeated their Under these circumstances, Sections 104(f) longstanding belief that UNFPA’s presence Mr. BREAUX. Mr. President, last (1) and (3) do not bar United States support in China is a moderating influence and a cat- Friday, March 6, the newly appointed for WHO/HRP. alyst for change there. More recently, National Bipartisan Commission on the I hope this information answers your ques- Future of Medicare held its first meet- UNFPA reported that the Government of tions about assistance for UNFPA and WHO/ China has agreed to keep UNFPA informed HRP. ing. Chaired by myself and Congress- about the action it takes to correct abuses Sincerely, man BILL THOMAS, Administrative identified in the China population program. J. BRIAN ATWOOD. Chairman, the commission was estab- UNFPA also has ceased providing com- lished by last year’s balanced budget puter equipment for China. UNFPA’s current U.S. AGENCY FOR program focuses primarily on improving the agreement to thoroughly study and as- INTERNATIONAL DEVELOPMENT, quality and safety of contraceptives and pro- sess the entire program—top to bot- Washington, DC, May 18, 1994. viding assistance for safe motherhood, infant tom—and make specific recommenda- Hon. CHRISTOPHER H. SMITH, care, nutrition, breastfeeding and family tions to Congress and the Administra- House of Representatives, Washington, DC. planning. It supports efforts to raise the sta- DEAR CONGRESSMAN SMITH: Thank you for tion for fundamental Medicare reform. tus of women and enhance reproductive your letter of April 26, 1994, concerning the Our target deadline for getting these choice through improved literacy, skills United Nations Population Fund (UNFPA) bipartisan, consensus recommenda- training and income generation. and China’s population program. tions in your hands is March 1, 1999. Nevertheless, we remain concerned about Among the issues raised in your letter are coercion in China, and UNFPA has agreed to When I say consensus here, I mean those related to the conclusion of UNFPA’s the following conditions: United States funds that any recommendation we put for- current five-year program in China and the must be kept in a separate, segregated ac- expenditure of funds pursuant to this pro- ward will have received 11 votes—a count; No United States funds may be used gram. The UNFPA has an agreement with super majority of the 17 commission in China; and UNFPA will report about China to provide $57 million in assistance for members. I remain optimistic that our where United States funds are used and pro- voluntary family planning programs from recommendations will receive an even vide adequate documentation to describe and 1990–1994. Our understanding is that UNFPA support the stated expenditures. higher level of support than that re- will not have completed $57 million worth of The United States will ensure that UNFPA quired under the statute. Every mem- projects before the end of 1994 and will, reviews, during each annual Governing Coun- ber of the commission recognizes how therefore, carry over unexpended funds into cil meeting, progress made toward improving very important it is for us to succeed the 1995 calendar year. UNFPA has assured reproductive freedom in China. In addition, us that they will not spend more than $10 in coming up with something that can if there are not significant improvements in million during 1994 and not more than $57 be passed by Congress and signed into China’s population program, the United million for the currently approved program law. States will not support continued UNFPA in China. Of course, it will not be possible to I think we got the commission’s assistance to China beyond 1995 when the confirm actual 1994 expenditures until the current program ends. work off to a very good start. We are end of this year. just beginning what promises to be an WHO/HRP LEGAL ANALYSIS In my letter to Chairman Obey dated Au- exciting year as we come together to This letter describes the reasons for gust 6, 1993, I stated that ‘‘... if there are not protect and preserve a program that we A.I.D.’s decision that Sections 104(f) (1) and significant improvements in China’s popu- (3) of the Foreign Assistance Act of 1961, as lation program, the United States will not all agree has served us well over the amended (the FAA), do not bar support for support continued UNFPA assistance to last 33 years. But we also have to face WHO/HRP. There is no separate legal memo- China beyond 1995 when the current program the reality that if Medicare is to be randum on this subject. ends.’’ Our position has not changed. there for another 33 years and beyond, S1876 CONGRESSIONAL RECORD — SENATE March 12, 1998 we must look beyond the program’s fi- the agenda and have more meetings as we go Medicare eligibility age to buy into the nancial solvency and address issues through the year. We may also expand or de- Medicare program.’’ This language is explicit like quality, equity, and efficiency as lete topics depending on the Commission’s and this Commission will be thoroughly ex- interest. ploring this idea. As I’ve said several times well. No one would dispute that we have a very I ask unanimous consent that the in the past few months, I think that Con- difficult task ahead of us. We have been gress will let the Commission do its work text of my opening statement from the charged by the Congress and the Administra- and study the impact of this policy on the first commission meeting on March 6 tion with making recommendations on ways Medicare program before moving ahead in be printed in the RECORD. to preserve and improve the Medicare pro- Congress. However, having said that, I cer- There being no objection, the mate- gram. In order to do that, we must first come tainly wouldn’t oppose legislation if it is of- rial was ordered to be printed in the to an agreement on the scope of the problem fered and if it is the will of this Congress to RECORD, as follows: facing Medicare. There will be some dis- move forward with legislation of this nature. agreement on this issue as there probably There are an estimated 41 million uninsured OPENING STATEMENT BY SENATOR BREAUX, will be on most issues presented to the com- people in this country and that is a serious MEDICARE COMMISSION MEETING, MARCH 6, mission. But I am convinced that if we work 1998 problem that affects everyone—not just together in a bipartisan way and lay all the those who don’t have insurance. Any efforts I am very pleased to bring to order the facts and suggestions on the table, we can to decrease the number of uninsured people first meeting of the National Bipartisan have a constructive debate on this issue. in this country (such as the children’s health Commission on the Future of Medicare. I am We can’t afford to let these issues be politi- bill last year) should be given careful consid- honored to be chairing a group of such cized any longer. There is just too much at eration. knowledgeable and well-respected people for stake for the health security of our senior We have a huge challenge of trying to help the important task of making recommenda- citizens and the fiscal well-being of this educate the American people about the seri- tions to preserve and improve the Medicare country. We must put aside the old ways of ousness of the problems facing Medicare but program. That doesn’t mean looking at the dealing with Medicare—do away with we must realize that nothing is going to pass program only in economic terms or in terms ‘‘Medagoguery’’—do away with the blame the Congress and signed into law that of solvency. It also means looking at the fun- game where everyone scrambles to pin the doesn’t enjoy their support. damental question of what we want Medicare blame for failure on the other party—do I am hopeful that the Congress and the Ad- to do and what kind of health care system away with the shortsighted SOS approach ministration will act on whatever rec- we want for our elderly while addressing which is woefully inadequate when you look ommendations this commission puts for- issues such as quality, equity, and efficiency. at the demographic realities facing this pro- ward. We as elected officials have a respon- I was appointed chairman of this commis- gram. sibility to future generations to fix this pro- sion 7 weeks ago today and in that time I I believe that there is no greater challenge gram so that our children and grandchildren have worked closely with Congressman Bill facing this country right now than how to can enjoy the same guarantee of health in- Thomas to establish an operational frame- preserve Medicare for future generations. surance that their parents did. I don’t want work for the commission. I am pleased to be While we added a few years to the life of the the report of this Commission to simply working with Congressman Thomas and I trust fund in last year’s balanced budget gather dust on a library shelf. think that our working together testifies to agreement, we did nothing to prepare for the Let me close by saying that I am optimis- the bipartisan nature of this commission. 77 million baby boomers who will depend tic. I know there are a lot of people ‘‘inside Let me say from the outset that I am firmly upon Medicare for their health care begin- the Beltway’’ who think that this issue is committed to having this whole group work ning in 2010. too politically sensitive to inspire meaning- together in a bipartisan, inclusive fashion. In the context of overall entitlement re- ful debate. That it is unrealistic to think That is the only way we are going to have an form, how to go about fixing Medicare is that such a diverse group of people rep- end-product that enjoys widespread support very complex. Unlike Social Security, which resenting such a wide range of opinion can in the Congress, in the Administration and promises specific levels of income, Medicare reach a consensus. But I believe that this across this nation. promises specific health benefits which are Commission faces a unique and critical op- I am also very pleased that one of the first susceptible to volatile increases in medical orders of business was asking Bobby Jindal portunity that cannot be squandered. Medi- inflation and the high cost of advances in care has been a success for 33 years and is a to serve as our Executive Director. He was medical technology. Part of the problem an asset to Louisiana as Secretary of the De- vital part of our national fabric. We have an with getting a handle on the scope of the obligation to ensure that the success of this partment of Health and Hospitals and I know problem is the unpredictability in estimates he will be an asset to this Commission. Con- program continues for the next 33 years and regarding such things as health spending and beyond. Our parents and grandparents have gressman Thomas will be introducing Bobby economic growth. But the demographic re- shortly. reaped the benefits of health security af- alities will not change. forded by Medicare since 1965—our children I have said before that everything will be We all know how politically sensitive the and grandchildren deserve no less. If we on the table. We shouldn’t begin our work by issue of Medicare is. That is why the Con- make this a truly bipartisan process, hear excluding or endorsing any options. Every gress and the Administration created this from everyone who has a stake in preserving member of this commission should know Commission—to make the tough rec- this program for future generations, and that his or her views are going to be consid- ommendations for fixing the program and to focus on our similarities and not our dif- ered. The statute creating the commission make it easier for elected officials to take ferences, we will succeed. requires 11 of 17 votes in order to issue a re- the tough political step of enacting these port so this is not going to be a report that recommendations into law. f is supported only by Democrats or Repub- For most of the things we do in Congress, licans. In fact, I don’t think we will be truly the most important objective is to craft leg- RUSSIAN BW PROGRAM successful unless we have agreement among islation that can pass. There are some people Mr. KYL. Mr President, I call to the an overwhelming majority of the commis- who would rather stand for what they be- attention of my colleagues an article sion members. As President Clinton said to lieve is the ideal solution and never com- appearing in the March 9 edition of The the commission members yesterday, if there promise, even if that means nothing gets is not a consensus—don’t let it be your fault. done. The primary objective of this Commis- New Yorker magazine that offers a The process we are suggesting for the work sion should be to come up with the best pro- chilling account of Russia’s offensive of the commission is designed to be inclusive posal possible and then worry about how biological weapons program. This arti- and to build the consensus we need to be suc- we’re going to get it passed by the Congress cle is based on an extensive interview cessful. The suggested task forces are de- and signed into law by the President. with Mr. Ken Alibek, a Russian defec- signed to help gather information and de- Let me assure my fellow commission mem- tor who was once second in command velop a range of options for consideration by bers that my previous positions and efforts of the Russian offensive biological the full commission. Congressman Thomas on Medicare are not going to dictate this weapons program. Alibek’s description and I sent out a survey to the membership Commission’s agenda. I hope you all make about how to structure this process, includ- the same commitment. of the Russian BW program is gen- ing the task forces, and many of the com- I know there has been a lot of attention erally considered authoritative by a ments and suggestions we received are re- given recently to the issue of expanding wide range of U.S. experts. flected in the documents you have in front of Medicare and allowing certain groups to The article provides a number of you. You should look at these documents as ‘‘buy in’’ early. First, let me reiterate that startling details about the Russian of- a conceptual outline of the Commission’s this commission has been specifically fensive BW program, also known as goals throughout the year. As we have stat- charged by statute with making ‘‘rec- Biopreparat. Most startling of all is ed—the timeline we have presented to you is ommendations on modifying age-based eligi- designed to be a tool, not a work plan or a bility to correspond to changes in age-based just how little we in the United States final product, to help focus the Commission’s eligibility under the OASDI (Social Secu- knew about this program. Despite the decision-making and to measure its progress. rity) program and on the feasibility of allow- fact that Biopreparat was established We may find that it is necessary to change ing individuals between the age of 62 and the in 1973—the year after the Soviet March 12, 1998 CONGRESSIONAL RECORD — SENATE S1877 Union signed the 1972 Biological Weap- the first deputy chief of research and produc- even he couldn’t look at his reports once ons Convention and pledged to forego tion for the Soviet biological-weapons pro- they were issued. ‘‘The first report I wrote, I an offensive BW program—and despite gram. He was the top scientist in the pro- only saw it once from across a room. It was intelligence to the contrary, some in gram, a sprawling, clandestine enterprise sitting on a table. They wouldn’t let me go any closer to it,’’ Alibek says, with a tiny the U.S. scientific and arms control known as Biopreparat, or The System, by the scientists who worked in it. Biopreparat re- smile. communities continued to maintain search-and-production facilities were flung What Alibek describes is shocking, even to that Russia was not violating the trea- all across the Soviet Union. As Dr. Alibekov, those who thought they had a pretty good ty up to the moment that President Ken Alibek had thirty-two thousand sci- idea of what bioweapons are out there and Yeltsin admitted otherwise in 1992. entists and staff people working under him. who has them. But it is particularly timely Mr. President, what the Russians had Alibek has a Doctor of Sciences degree in now that the public’s attention has suddenly accomplished by 1991 is frightening. anthrax. It is a kind of super-degree, which focussed on the possibility of biological ter- According to Alibek, the Soviet Union he received in 1988, at the age of thirty- rorism, which gained a peculiar intensity in late February, when Larry Wayne Harris and had warheads for carrying biological seven, for directing the research team that developed the Soviet Union’s most powerful William Leavitt, Jr., were arrested by the weapons on intercontinental missiles weapons-grade anthrax. He did this research F.B.I. outside Las Vegas with what was that were aimed at the United States. as head of the Stepnagorsk bioweapons facil- thought to be weapons-grade anthrax in the These warheads could carry smallpox, ity, in what is now Kazakhstan, which was trunk of a car. The repeated news reports— plague and anthrax. The Soviets had once the largest biowarfare production facil- which turned out to be a false alarm—that apparently weaponized the Marburg ity in the world. The Alibekov anthrax be- they were planning a terrorist attack on the virus—a hemorrhagic virus as grue- came fully operational in 1989. It is an New York City subway system clarified what some as the Ebola virus—and were amber-gray powder, finer than bath talc, had seemed to be a vague threat hidden in with smooth, creamy particles that tend to Iraq. Bioterror had come home. ready to begin large scale manufacture I first heard about Ken Alibek in 1995, al- of the weapon as the Soviet Union was fly apart and vanish in the air, becoming in- visible and drifting for miles. The Alibekov though at that time none of my contacts crumbling apart. Alibek is concerned anthrax is four times more efficient than the would tell me his name. He was referred to that scientists may have left Russia standard product. only as No. 2. (Biodefector No. 1 had come with samples of this virus and other Ken Alibek is part of a diaspora of biolo- out in 1989.) Last fall, when I finally figured deadly bacteria. The possibility that gists who came out of Russia following the out that No. 2 was Alibekov, I called up a Russian scientists, know-how and bio- breakup of the Soviet Union. Government source who has connections to British intel- ligence and told him I thought I knew who logical materials are available to rogue funding for research decreased dramatically, and scientists who were working in the bio- No. 2 was. He cut me off. ‘‘Don’t say a states and terrorists underscores the name,’’ he said. ‘‘I can’t confirm anything. critical importance of improving our warfare program found themselves without jobs. Some of them went looking abroad. A Have you forgotten that we are talking on a domestic preparedness to respond to few have come to the United States or Great open telephone line?’’ That source went no- BW attacks against the United States. Britain, but most went elsewhere. ‘‘No one where, but then I had an idea. For several We do not know the extent of the knows where they are,’’ Alibek says. One can years, I have known a man named William C. Russian biological weapons program guess that they’ve ended up in Iraq, Syria, Patrick III, who in certain important re- spects is the leading American expert on bio- today. There is evidence to suggest Libya, China, Iran, perhaps Israel, perhaps logical weapons. Before 1969, when President that a clandestine program continues, India—but no one really knows, probably not Richard Nixon shut down the American bio- even the Russian government. No doubt hidden away in military facilities run warfare program, Bill Patrick was the chief some of these biologists have carried the by the Ministry of Defense, which are of product development for the United States Alibekov formula in their heads, if not mas- off-limits to the West. The trilateral Army’s biological-warfare laboratories at ter seed strains of the anthrax and samples process, which was set up by the United Fort Detrick, Maryland. The ‘‘products’’ of the finished product in containers. The that Patrick and his research group devel- States, United Kingdom, and Russia in Alibekov anthrax may be one of the more oped were powdered spores and viruses that 1992 and calls for inspections of Rus- common bioweapons in the world today. It were loaded into bombs and sophisticated de- sian biological-related facilities, has seems plausible that Iraqi biologists, for in- livery systems. Patrick was arguably the top broken down. It has been years since stance, know the Alibekov formula by now. an inspection took place. The Russians One day, Ken Alibek and I were sitting in bioweaponeer in the United States. He and several hundred other scientists and re- have objected to visits to military fa- a conference room near his office talking about the anthrax he and his research team search-staff members lost their jobs when cilities. And where inspections oc- the biowarfare facilities at Fort Detrick curred, the inspectors faced the same had developed. ‘‘It’s very difficult to say if I felt a sense of excitement over this. It’s very were closed down. (Today, to the best of my obstacles as U.N. inspectors face in difficult to say what I felt like,’’ he said. ‘‘It knowledge, the scientists at the United Iraq. wouldn’t be true to say that I thought I was States Army Medical Research Institute of Mr. President, The New Yorker arti- doing something wrong. I thought I had done Infectious Diseases, or USAMRIID, at Fort cle should be required reading for all something very important. The anthrax was Detrick don’t make offensive bioweapons. Senators. I ask unanimous consent one of my scientific results—my personal re- They develop vaccines and treatments to de- that this article be printed in the sult.’’ fend against them. As far as I can tell, the United States has no bioweapons, and one RECORD. I understand from the Govern- I asked him if he’d tell me the formula for piece of evidence for this is that government ment Printing Office that it will cost his anthrax. ‘‘I can’t say this,’’ he answered. officials today are remarkably ignorant of approximately $2504 to include this ar- ‘‘I won’t publish it. I’m just curious,’’ I them.) ticle in the RECORD. said. Bill Patrick, who is now seventy-one years There being no objection, the article ‘‘Look, you must understand, this is unbe- old, is one of only two or three scientists was ordered to be printed in the lievably serious. You can’t publish this for- still alive and active in the United States RECORD, as follows: mula,’’ he said. When I assured him I who have a hands-on technical understand- wouldn’t, he told me the formula for the ing of bioweapons. As he explained to me, [From the New Yorker, Mar. 9, 1998] Alibekov anthrax. He uttered just one sen- ‘‘There’s a hell of a disconnect between us ANNALS OF WARFARE—THE BIOWEAPONEERS tence. The Alibekov anthrax is simple, and fossils who know about biological weapons IN THE LAST FEW YEARS, RUSSIAN SCIENTISTS the formula is somewhat surprising, not and the younger generation.’’ In 1991, on the HAVE INVENTED THE WORLD’S DEADLIEST quite what you’d expect. Two unrelated ma- eve of the Gulf War, he was summoned to the PLAGUES. HAVE WE LEARNED ABOUT THIS TOO terials are mixed with pure powdered an- Pentagon to take part in a discussion of an- LATE TO STOP IT? thrax spores. It took a lot of research and thrax. Patrick sat in silence while a group of (By Richard Preston) testing to get the trick right, and Alibek intelligence analysts, young men and women Ken Alibek is a quiet man, forty-seven must have driven his research group hard dressed in suits, discussed anthrax in knowl- years old, with youthful looks and an attrac- and skillfully to arrive at it. ‘‘There are edgeable-sounding voices. ‘‘I reached the tive, open face. He lives in a rented con- many countries that would like to know how conclusion that these people didn’t know dominium in Arlington, Virginia, a five- to do this,’’ he said. what the hell they were talking about,’’ Pat- minute walk from his office at a private con- Until last week, when Ken Alibek was rick recalls. He said, ‘‘Have any of you fel- sulting firm. Alibek has dark hair and Asian interviewed on ‘‘PrimeTime Live,’’ he was lows actually seen anthrax?’’ and he reached features, and a dimpled scar on his nose, known in this country only to a few govern- into his pocket and pulled out a small jar of which he got in an accident that was ‘‘not ment officials and intelligence experts and amber-brown powder, and hucked it across heroic,’’ he says, involving a machine in a defense-industry figures. What he told the the table. It rattled and bounced toward the biowarfare plant. C.I.A. and other people with national-secu- analysts. They jerked away, some leaping to Before he arrived in the United States, in rity clearances was usually classified. Some- their feet. The jar contained anthrax 1992, Ken Alibek was Dr. Kanatjan Alibekov, times the information was so secret that simulant, a biopowder that is essentially S1878 CONGRESSIONAL RECORD — SENATE March 12, 1998 identical to anthrax except that it doesn’t almost gloomy. He often has a cigarette with light-brown hair, ethnically a Russian. kill. It is used for experiments in which prop- smoldering between is fingertips, but he He had a wife and children. Alibek thought erties other than infectivity are being test- works out at a health club, and he has broad, of him as a good guy and a talented sci- ed. ‘‘I got that through security, by the firm shoulders. His brown eyes seem sombre, entist, easy to talk with, receptive to new way,’’ Patrick observed. and he wears black wire-rimmed eyeglasses. ideas. Ustinov had been doing basic military Later, Bill Patrick was the oldest United He favors linen shirts with band collars, and research on the Marburg virus, studying its Nations weapons inspector in Iraq. The soft wool-pique´ jackets in dark, muted col- potential as a weapon. The long-term goal Iraqis knew exactly who he was—the former ors. He has a calm expression, with a down- was to see if it could be loaded into special top scientist in the former American bio- ward-glancing gaze, and he looks vaguely biological warheads on the MIRV missiles weapons program. Iraqi intelligence people Chinese. Ethnically, he is a Kazakh. He was that were aimed at the United States. (A started calling his hotel room in Baghdad at born and raised in Kazakhstan. In Russia, he MIRV has multiple warheads, which are di- night, hissing, ‘‘You son of bitch, Patrick,’’ was twenty-five pounds heavier, really quite rected at different targets.) At the time, the and then hanging up. ‘‘It was kind of an stout, but he says that he is a different per- Soviet biological missile warheads were de- honor, but it kept me awake,’’ he says. son now, even physically. signed to be loaded with strategic/oper- Today, Bill Patrick is a consultant to I asked Alibek how he feels about living ational smallpox virus, Black Death, and an- many government agencies—the C.I.A., the here. ‘‘I’m happy I’m not doing the work,’’ he thrax. The Marburg virus had potential for F.B.I., the Defense Intelligence Agency, the said. He paused. ‘‘I’m not one hundred per weaponization, too. Marburg is a close cous- City of New York—on the use of biological cent happy. I know how people feel about me in to the Ebola virus, and is extremely le- weapons in a terrorist attack. Jerome Hauer, in Russia. Some of my scientific colleagues thal. Dr. Ustinov had been wearing a who is the head of Mayor Rudolph Giuliani’s feel I am a betrayer.’’ Alibek keeps his emo- spacesuit in a Level 4 hot lab, injecting guin- Office of Emergency Management—the group tions well hidden, perhaps even from himself. ea pigs with Marburg virus. He pricked him- that would handle a bioterror event in New He does not laugh easily. When he does self in the finger with a needle, and it pene- York, should one ever happen—said to me laugh, he is clearly enjoying himself, but his trated two layers of rubber globes. once, ‘‘Bill Patrick is one of the only guys body is slightly rigid. He quit Biopreparat in Nikolai Ustinov exited through an air lock who can tell us about some of these biologi- 1991, left Russia with his family, and abrupt- and a chemical decon shower to Level 3, and cal agents. We all wonder what we’re going ly ended up in the United States. According used an emergency telephone to call his su- to do when he decides to light up a cigar and to Alibek, some of his former colleagues at pervisor. The supervisor decided to put go sailing.’’ Patrick is able to tell emergency Biopreparat—which was privatized—sent Ustinov into a biocontainment hospital, a planners what will happen if a biological word through intermediaries that ‘‘if you twenty-bed unit with steel air-lock doors, weapon is released in an American city—how ever come to Russia you can expect some like the doors of a submarine, where nurses many people will die, where they’ll die, what problems.’’ and doctors wearing spacesuits could mon- the deaths will look like. His reports are ‘‘I’ve got no desire to go to Russia,’’ Alibek itor him. He was not allowed to speak with classified. said, shrugging. He recently separated from his wife and children. Ustinov did not seem Bill Patrick and Ken Alibek were counter- his wife, although they enjoy a cordial rela- to be afraid of dying, but, separated from his parts. They had been two of the top sci- tionship. She lives near him with their two family, he became deeply depressed. entists in what had been the best biowarfare boys, whom he sees almost every day. His On about the fourth day, Ustinov devel- programs on the planet. I speculated that oldest child, a daughter, is studying archi- oped a headache, and his eyes turned red. Patrick might know Alibek. tecture at an Ivy League university. At Tiny hemorrhages were occurring in them. ‘‘Do I know Ken?’’ Patrick boomed over times, Alibek has suffered from loneliness He requested a laboratory notebook, and he the telephone. ‘‘We’re close friends! My wife and a sense of dislocation, and he has had began writing a diary in it, every day. He and I had Ken over for Christmas this year some concerns about how he will support his was a scientist, and he was determined to ex- with our family, because we think he’s kind wife and children in the United States. The plain how he was dying. What does it feel of lonely.’’ Alibeks had a privileged life in Russia, with like to die of Marburg virus? What are the Then I thought I understood: Patrick must drivers to take them everywhere and all the psychological effects? For a while, he main- have participated in the long government money they could use. The United States tained a small hope that he wouldn’t die, but discussions with Alibek—the debriefing— Government paid him consulting fees while when his skin developed spontaneous bruises that would have taken place after his arrival he was briefing scientists and officials, but he understood what the future held. Dr. in the United States. No one else in the U.S. now he is on his own. Sandakhchiev’s cryptograms to Alibek were government, not a single soul, would have Ken Alibek was raised in Alma-Ata, then dry and factual, and didn’t include the understood so clearly what Alibek was talk- the capital of Kazakhstan. Alma-Ata is in human details. Alibek would later learn that ing about. The two scientists had become central Asia, not far from the Chinese bor- perhaps twice Ustinov had broken down and friends during the process. der, on the medieval silk route. His first lan- wept. I drove down to Bill Patrick’s house in guage was Kazakh, and he learned Russian at Alibek was frantic to get help to Ustinov. Maryland, on a misty day in winter, when school. He got a medical degree at the mili- He begged the Ministry of Defense for a spe- leafless white-oak trees and poplars lay in a tary medical institute at Tomsk. His special cial immune serum, but bureaucratic delays haze across the slopes of Catoctin Mountain. interest was infectious-disease epidemiology. prevented its arrival in Siberia until it was The clouds pulled apart and the sun ap- At some point while he was still in medical too late. When Ustinov began to vomit blood peared, gleaming through cirrus like a nick- school, he was chosen to work for and pass bloody black diarrhea, the doctor el. Patrick’s house is a modern version of a Biopreparat. Since it was a secret system, gave him transfusions, but as they put the Swiss chalet, with a view of Fort Detrick you didn’t really apply; you were approached blood into him it came out of his mouth and and rolling countryside. and brought in. He rose fast. In 1982, at the rectum. Ustinov was in prostration. They de- ‘‘Come in, young man,’’ Patrick said ge- age of thirty-one, he became the acting di- bated replacing all the blood in his body with nially. A small dog was yapping around his rector of the Omutninsk bioweapons-produc- fresh new blood—a so-called whole-body feet. Patrick has a gentlemanly manner, a tion plant, a major facility in the Kirov re- transfusion. They were afraid that that rather blocky face, with hair combed over a gion of Russia. Eventually, he ended up might trigger a total flooding hemorrhage, bald head, and penetrating greenish eyes. He working in Biopreparat’s headquarters, a which would kill him, so they didn’t do it. glanced at the sky and seemed to sniff the large building in Moscow—the same building Alibek did not know exactly which strain air before ushering me into the house. He is where Biopreparat is situated today. of Marburg had infected his colleague. It had exquisitely sensitive to weather. In early April of 1988, Ken Alibek received been obtained by Soviet intelligence some- Alibek arrived a short while later, driving a telephone call in his office in Moscow. It where, but the scientists were never told a silver BMW. After lunch, we settled down came from his friend and colleague Lev where strains came from. The Marburg virus around the kitchen table. Patrick brought Sandakhchiev, the director of a Biopreparat seems to live in an unknown animal host in out a bottle of Glenmorangie Scotch whis- facility called Vector, a huge, isolated virol- East Africa. It has been associated with key, and we poured ourselves a round. It ogy-research campus in the larch forests out- Kitum Cave, near Mt. Elgon, so the Soviet seemed a very Russian thing to do. The whis- side Novosibirsk, a city in western Siberia. strain could have been obtained around key was smoky and golden, and it moved the In the late nineteen-eighties, Vector was de- there, but Alibek suspected that it came talk forward. voted largely to the development and pro- from Germany. In 1967, the virus had broken ‘‘You know, I’m disappointed the agency duction of virus weapons (Dr. Sandakhchiev out at a vaccine factory in Marburg, a small didn’t do better by you, Ken,’’ Patrick re- denies this.) Dr. Sandakhchiev reported that city in central Germany, and had killed a marked. He turned to me. ‘‘They let him sign there had been an accident. He was reluctant number of people who were working with up for all these credit cards.’’ to discuss it on the telephone. monkeys that were being used to produce Alibek smiled wryly. ‘‘This was a prob- ‘‘Send me the details in a cryptogram,’’ vaccine. One of the survivors was a man lem.’’ The C.I.A. had introduced him to Visa. Alibek said. Once a day for the next fourteen named Popp, and Alibek thought that ‘‘I could buy things with the cards, but it days, Alibek received a new cryptogram Ustinov was probably dying of the strain didn’t seem like money. Then I found out about the victim of the accident, Dr. Nikolai that had come from him. you have to pay for it later.’’ Ustinov. I have seen a photograph of a Marburg Alibek speaks English with a mild Russian Dr. Ustinov was forty-four years old. monkey worker taken shortly before his accent that makes his serious manner seem Alibek recalls him as a fair-skinned man death, in late summer, 1967. He is a stout March 12, 1998 CONGRESSIONAL RECORD — SENATE S1879 man, lying on a hospital bed without a shirt. tons of weapons-grade dry smallpox was signed the Biological and Toxin Weapons His mouth is slack, his teeth are covered stockpiled in bunkers.) But it seems quite Convention, an agreement banning the devel- with blood. He is hemorrhaging from the possible that when the Russian biowarfare opment, use, and stockpiling of biological mouth and nose. The blood has run down his facilities fell on hard times and biologists weapons. The United States, which had neck and pooled in the hollow of his throat. began leaving Russia to work in other coun- ended its offensive-bioweapons program in It looks spidery, because it’s unable to clot. tries, some of them carried freeze-dried Vari- 1969, also signed the treaty, as did Great He also seems to be leaking blood from his ant U with them, ready for further experi- Britain. (Some hundred and forty nations nipples. mentation. Variant U started, perhaps, with have signed the convention by now.) The So- The final pages of Dr. Nikolai Ustinov’s a monkey worker named Popp, but its end in viets continued to believe, however, that the scientific journal are smeared with unclotted the human species is yet to be seen. United States had not ended its bioweapons blood. His skin developed starlike hemor- A generation ago, biological weapons were program but simply hidden it away, turning rhages in the underlayer. Incredibly—the called germ-warfare weapons. Biological it into a ‘‘black’’weapons program. ‘‘The no- Vector scientists had never seen this—he weapons are very different from chemical tion that the Americans had given up their sweated blood directly from the pores of his weapons. A chemical weapon is a poison that biological weapons was thought of as the skin, and left bloody fingerprints on the kills upon contact with the skin. Bioweapons great American lie,’’ a British intelligence pages of his diary. He wept again before he are microorganisms, bacteria or viruses, that officer recalls. ‘‘In fact, most of the died. invade the body, multiply inside it, and de- Biopreparat scientists had never even heard Ken Alibek is nearly hypnotic when he stroy it. Bioweapons can be used as strategic of the Biological Weapons Convention.’’ speaks of these things in his flat voice. We weapons. That is, they are incredibly power- Biopreparat consisted of some forty re- sat around the kitchen table as if we were ful and dangerous. They can kill huge num- search-and-production facilities. About a old friends sharing a story. A gray light bers of people if they are used properly, and dozen of them were enormous. Perhaps half shone through the kitchen window, and I saw their effects are not limited to one place or of the employees developed weapons and the the red flash of a cardinal near the Patricks’ a small target. Chemical weapons, on the other half made medicines. Biopreparat bird feeder, almost a flicker of blood. The other hand, can be used only tactically. It is worked both sides of the street: it cured dis- dog noticed a squirrel, and started barking. virtually impossible to put enough of a eases and invented new ones. An island in ‘‘Go get him, Billy,’’ Patrick said, rising to chemical in the air in a high enough con- the Aral Sea, curiously named Rebirth Is- let the dog out. centration to wipe out a large number of land, was used for open-air weapons testing. Dr. Ustinov died on April 30, 1988. An au- people over a large territory. And chemicals Large numbers of animals, and perhaps some topsy was performed in the spacesuit morgue aren’t alive and can’t spread through an in- humans, died there. Biopreparat was mod- of the biocontainment hospital. If this was fectious process. elled to some extent on the Manhattan indeed the Popp strain of Marburg virus— There are two basic types of biological Project, the program that led to the first and who could say?—it was incredibly lethal. weapons, those that are contagious and those atomic bomb. Military people administered It produced effects in the human body that that are not. Anthrax is not contagious: peo- the program and scientists did the research- were stunning, terrifying. Alibek says that a ple don’t spread it among themselves; you and-development work. pathology team removed Ustinov’s liver and can’t catch anthrax from someone who is Somehow, Biopreparat’s weapons program his spleen. They sucked a quantity of his de- dying of it. Smallpox is contagious. It remained invisible to the American sci- stroyed blood out of a leg vein using large spreads rapidly, magnifying itself, causing entific community. There was a commonly syringes. mortality and chaos on a large scale. held belief among many American scientists, They froze the blood and the body parts. Like any weapon, a biological weapon can supported by the strong, even passionate They kept the Ustinov strain alive and con- be released accidentally, but when a biologi- views of a handful of experts in biological tinually replicating in the laboratories at cal accident happens, the consequences can weapons, that the Soviet Union was not vio- Vector. They named the strain Variant U, be particularly insidious. I talked about this lating the treaty. This view persisted, de- after Ustinov, and they learned how to mass- with Ken Alibek that day in Bill Patrick’s spite reports to the contrary from intel- produce it in simple bioreactors, flasks used kitchen, while we drank whiskey in the soft ligence agencies, which were often viewed as for growing viruses. They dried Variant U, light of a winter afternoon. Alibek spoke being driven by right-wing ideology. and processed it into an inhalable dust. The about how bioweapons have a disturbing One of the side effects of the closing of the particles of Variant U were coated to protect tendency to invade nonhuman populations of American bioweapons program was that the them in the air so that they would drift for living creatures—thus finding a new niche in United States lost its technical understand- many miles. the ecosystems of the earth, apart from the ing of biological weapons. There has long In late 1990, Biopreparat researchers tested human species. When he was the acting di- been a general feeling among American sci- airborne Variant U on monkeys and other rector of the biowarfare facility at entists—it’s hard to say just how widespread small animals in special explosion-test Omutninsk, his safety officers discovered it is, but it is definitely there—that biologi- chambers at the Stepnagorsk plant. Marburg that wild rodents living in the woods outside cal weapons don’t work. They are said to be Variant U proved to be extremely potent in the factory had become chronically infected uncontrollable, liable to infect their users, airborne form. They found that just one to with the Schu-4 military strain of tula- or unworkable in any practical sense. A gen- five microscopic particles of Variant U remia—a bacterium that causes a type of eration ago, leading physicists in this coun- lodged in the lungs of a monkey were almost pneumonia—which was being made in the try understood nuclear weapons because guaranteed to make the animal crash, bleed, plant. It was a hot, lethal strain that came they had built them, and they had observed and die. With normal weapons-grade an- from the United States: an American biologi- their effects in field tests and in war. The thrax, in comparison, it takes about eight cal weapon that the Soviets had managed to current generation of American molecular thousand spores lodged in the lungs to pretty obtain during the nineteen-fifties. Now, un- biologists has been spared the agony of hav- much guarantee infection and death. expectedly, the wild rodents were spreading ing created weapons of mass destruction, Alibek said that by the fall of 1991, just be- Schu-4 among themselves in the forests but, since these biologists haven’t built fore Boris Yeltsin came to power, Marburg around Omutninsk. The rodents were not the them, or tested them, they don’t know much Variant U was on the verge of becoming a natural host of tularemia, but it had appar- about their real performance characteristics. strategic/operational biological weapon, ently established itself in them as new hosts. Sitting in Bill Patrick’s kitchen, I said to ready to be manufactured in large quantities People catch tularemia easily from rodents, Alibek, ‘‘There seems to be a common belief and loaded into warheads on MIRVs. These and it can be fatal. Alibek mounted an inves- among American scientists that biological warheads are sinister things. Ten separate tigation and found that a pipe running weapons aren’t effective as weapons. You see cone-shaped warheads, each targeted on a through a basement area had a small leak these views quoted occasionally in news- different location, sit atop a missile. Special and was dripping a suspension of tularemia papers and magazines.’’ cooling systems inside each warhead keep cells into the ground. The rodents may have Alibek looked disturbed, then annoyed. the virus alive during the heat of reentry come in contact with the contaminated soil ‘‘You test them to find out. You learn how to through the earth’s atmosphere. ‘‘If we can in that one spot. make them work,’’ he said to me. ‘‘I had a land a cosmonaut to earth alive, we can do The staff tried to sterilize the frost of ro- meeting yesterday at a defense agency. They the same with a virus,’’ Alibek explained. dents near the plant. That didn’t work, be- knew absolutely nothing about biological ‘‘We use parachutes.’’ The biowarheads are cause rodents are impossible to eradicate. weapons. They want to develop protection parachuted over a city, and at a certain alti- ‘‘We could not get rid of the rodents. We against them, but all their expertise is in nu- tude they break apart. Out of each warhead tried everything,’’ Alibek said. ‘‘Nobody clear weapons. I can say I don’t believe that bursts a spray of more than a hundred oval knows today, but we can assume that the tu- nuclear weapons work. Nuclear weapons de- bomblets the size of small cantaloupes. The laremia is still there in the rodents.’’ Nobody stroy everthing. Biological weapons are more cantaloupes fly out a distance and then split knows if anyone has died of the American- .. . beneficial. They don’t destroy buildings, in overlapping patterns, releasing a haze of Russian tularemia around the Kirov region. they only destroy vital activity.’’ bioparticles that quickly becomes invisible. ‘‘Could it have spread across Russia in ro- ‘‘Vital activity?’’ Variant U never became part of the Sovi- dents?’’ I asked. ‘‘People,’’ he said. ets’ strategic arsenal, which was stocked ‘‘This I don’t know.’’ The first defector to emerge from with Black Death, Alibekov anthrax, and Biopreparat, or The System, was set up in Biopreparat was Vladimir Pasechnik, a powdered smallpox. (Never less than twenty 1973, just a year after the Soviet Union microbiologist, who arrived in Great Britain S1880 CONGRESSIONAL RECORD — SENATE March 12, 1998 in 1989, just as the Soviet Union was begin- vinced by the time he got home that the the Pacific Ocean downwind of Johnston ning to crumble. (He was No. 1 to Alibek’s United States did not have a bioweapons pro- Atoll, a thousand miles southwest of Hawaii. No. 2.) Pasechnik frightened British intel- gram. But when the final report was issued There, in reaches of open sea, American stra- ligence, and later the C.I.A., when he told by the inspectors to the government of Boris tegic tests of bioweapons had been conducted them that his work as director of the Insti- Yeltsin it stated that they had found plenty secretly for four years. Until very recently, tute of Ultra-pure Biopreparations, in Lenin- of evidence for a program. Alibek refused to these tests remained unknown to people grad, had involved offensive-biowarfare re- participate in the writing of that report, and without security clearances. search into Yersinia pestis, a pestilential mi- he decided to quit Biopreparat. ‘‘We tested certain real agents, and some crobe that causes plague, or Black Death—an ‘‘It was a confused situation,’’ he said. ‘‘It of them were lethal,’’ Patrick said. The airborne contagious bacterial organism that was at the exact time when the Soviet Union American strategic tests of bioweapons were wiped out a third of the population of Europe collapsed. I told all these people I didn’t as expensive and elaborate as the tests of the around the year 1348. Natural plague is cur- agree with their politics.’’ For a few months, first hydrogen bombs at Eniwetok Atoll. able with antibiotics. After listening to Dr. he hung on in Moscow, supporting his family They involved enough ships to have made Pasechnik, the British concluded that the by trading—‘‘It was easy to make money in the world’s fifth-largest independent navy. Soviet Union had developed a genetically en- those days, you could trade anything’’—but The ships were positioned around Johnston gineered strain of plague that was resistant he found that his telephone was tapped, and Atoll, upwind from a number of barges load- to antibiotics. Because the Black Death can that the K.G.B. had set up a so-called gray ed with hundreds of rhesus monkeys. travel through the air in a cough from per- unit to watch him, a surveillance team sta- Late one afternoon, Bill Patrick went out son to person, a strain of multi-drug-resist- tioned near his apartment. He decided to to Johnston Atoll and stood on the beach to ant Black Death might be able to amplify move his family to Alma-Ata, in watch a test. At sunset, just as the sun itself through a human population in ever- Kazakhstan. What happened next Alibek re- touched the horizon, a Marine Phantom jet widening chains of infection, culminating in fuses to talk about. He will not tell me how flew in low, heading on a straight line par- a biological crown fire in the human species. he got his family to the United States. Once allel to the beach, and then continued over No nuclear weapon could do that. What was here, he dropped completely out of sight. It the horizon. Meanwhile, a single pod under is the Soviet Union doing developing strategic is pretty obvious that he was holed up with wings released a weaponized powder. The contagious biological weapons? ‘‘I couldn’t American intelligence people, discussing his powder trailed into the air like a whiff of sleep at night, thinking about what we were scientific and technical knowledge with smoke and disappeared completely. This was doing,’’ Pasechnik told his British handlers. them. Several years went by and Dr. visual evidence that the particles were flying Even though Western intelligence agencies Alibekov morphed into Ken Alibek. away from one another. Patrick’s patents had known that the Russians had a bioweap- The most powerful bioweapons are dry worked. ons program, they had not known what was powders formed of tiny particles that are de- The scientists call this a line-source being developed, and that the United States signed to lodge in the human lung. The par- laydown. The jet was disseminating a small was a so-called deep target, far enough away ticles are amber or pink. They have a strong amount of biopowder for every mile of flight so that the Soviet Union wouldn’t be con- tendency to fly apart from one another, so (the exact amount is still classified). One can taminated. that if you throw them in the air they dis- imagine a jet doing a line-source laydown President George Bush and Prime Minister perse like a crowd leaving Yankee Stadium. over Los Angeles, flying from the San Fer- Margaret Thatcher were briefed on As they disperse, they become invisible to nando Valley to Long Beach, releasing dust Pasechnik’s revelations, and they put direct the human eye, normally within five seconds from a single pod under the wing. It would personal pressure on Mikhail Gorbachev to after the release. You can’t see a bioweapon, take a few minutes. The jet would appear on open up the biowarfare facilities in the you can’t smell it, you can’t taste it, and radar, but the trail of bioweapon would be U.S.S.R. to a team of outside inspectors. you don’t know it was there until days later, invisible. In Iraq, United Nations inspectors Eventually, he agreed, and a joint British- when you start to cough and bleed, and by found a videotape of an Iraqi Phantom jet American weapons-inspection team toured that time you may be spreading it around. doing a line-source laydown over the desert. four of the main Biopreparat facilities in Bill Patrick holds five patents on special The techniques looked precisely like the January, 1991. The inspectors visited Vector processes for making biodusts that will dis- American laydowns, even to the Iraqis’ use (the virology complex outside Novosibirsk, perse rapidly in the air and form an invisible of a Phantom jet. The one difference was where Ustinov died) and a giant, high-secu- sea of particles. His patents are classified. that the Iraqi Phantom had no pilot: it was rity facility south of Moscow called the The U.S. government does not want anyone a remote-controlled drone. State Research Center for Applied Microbi- to obtain Patrick’s research. At Johnston Atoll, the line of particles ology at Obolensk, where they found fer- The particles of a bioweapon are exceed- moved with the wind over the sea, some- menter tanks—forty of them, each two sto- ingly small, about one to five microns in di- what like a windshield wiper sweeping over ries tall. They were maintained at Biosafety ameter. You could imagine the size this way: glass. Stationed in the path of the particles, Level 4, inside huge ring-shaped biocontain- around fifty to a hundred bioparticles lined at intervals extending many miles away, ment zones, in a building called Corpus One. up in a row would span the thickness of a were the barges full of monkeys, manned by The facility was dedicated to research on a human hair. The particles are light and nervous Navy crews wearing biohazard variety of bacterial microbes, especially fluffy, and don’t fall to earth. You can imag- spacesuits. The line of bioparticles passed Yersinia pestis. The Level 4 production ine motes of dust dancing in a shaft of sun- over the barges one by one. Then the mon- tanks were obviously intended for making light. Dust motes are mostly bits of hair and keys were taken back to Johnston Atoll, and enormous quantities of something deadly, fuzz. They are much larger than weaponized over the next few days half of the died. Half but when the inspectors arrived the tanks bioparticles. If a dust mote were as thick as of the monkeys survived, and were fine. Pat- were sparkling clean and sterile. a log, then a weaponized bioparticle would rick could see, clearly enough, that a jet As the British and American weapons in- resemble a child’s marble. The tiny size of a that did a laydown of a modest amount of spectors toured the Biopreparat facilities, weaponized bioparticle allows it to be sucked military bioweapon over Los Angeles could they ran into the same problems that re- into the deepest sacs of the lung, where it kill half the city. It would probably be more cently faced the United Nations Special sticks to the membrane, and enters the efficient at causing human deaths than a Commission inspectors in Iraq. They were bloodstream, and begins to replicate. A bio- ten-megaton hydrogen bomb. met with denials, evasions, and large rooms weapon can kill you with just one particle in ‘‘What was the agent you used?’’ I asked that had been stripped of equipment and the lung. If the weapon is contagious in Patrick. cleaned up. A British inspector said to me, human-to-human transmission, you will kill ‘‘I don’t want to tell you. It may still be ‘‘This was clearly the most successful bio- a lot of other people, too. So much death classified. The real reason is that a lot of logical-weapons program on earth. These emergent from one particle. Given the right countries would like to know what we used, people just sat there and lied to us, and lied, weather conditions, a bioweapon will drift in and not just the Iraqis. When we saw those and lied.’’ the air for up to a hundred miles. test results, we knew beyond a doubt that bi- The deal was that after the Americans and Sunlight kills a bioweapon. That is, a bio- ological weapons are strategic weapons. We the British had peeked at Biopreparat a weapon biodegrades in sunlight. It has a were surprised. Even we didn’t think they team of Soviet inspectors was to visit the ‘‘half-life,’’ like nuclear radiation. This is would work that well.’’ United States. In December, 1991, Ken Alibek known as the decay time of the bioweapon. ‘‘But the agent you used was curable with and a number of leading Biopreparat sci- Anthrax has a long decay time—it has a antibiotics, right?’’ I said. entists and military people visited tough spore. Tularemia has a decay time of ‘‘Sure.’’ USAMRIID, at Fort Detrick, the Army’s only a few minutes in sunlight. Therefore, ‘‘So people could be cured—’’ Dugway Proving Ground, in Utah, and the tularemia should always be released at ‘‘Well, think about it. Let’s say you hit the Army’s old bioweapons-production facility in night. city of Frederick, right here. That’s a small Pine Bluff, Arkansas, which had been aban- For many years during the nineteen-fifties city, with a population of about fifty thou- doned and partly dismantled in 1969. The and sixties, Bill Patrick had his doubts that sand. You could cause thirty thousand infec- Russians stumbled around the weeds in Pine bioweapons work. Those doubts were re- tions. To treat the infections, you’d need— Bluff and saw rusting railroad tracks, build- moved decisively during the summer of 1968, let me see.’’ He calculated quickly: ‘‘Eighty- ings with their roofs falling in, and nothing when one of the biggest of a long series of four grams of antibiotic per person . . . that worked. Alibek was pretty well con- open-air biological tests was conducted over that’s . . . oh, my heavens, you’d need more March 12, 1998 CONGRESSIONAL RECORD — SENATE S1881 than two tons of antibiotic, delivered over- cause ‘‘they are trying to get some kind of enty million people in the United States in a night! There isn’t that much antibiotic ‘legalization’ of military genetic engineer- matter of weeks. There would be not way to stored anywhere in the United States. Now ing,’’ and because they are proud of their meet such a demand. think about New York City. It doesn’t take work. The Biological Weapons Convention is ‘‘Russia has researched the genetic alter- a mathematician to see that if you hit New vague on exactly what constitutes research nation of smallpox,’’ Alibek told me. ‘‘In 1990 York with a biological weapon you are gonna into an offensive weapon. Alibek said that and 1991, we engineered a smallpox at Vec- tie things up for a while.’’ the Russian biologists are trying to push the tor. It was found that several areas the Today, Biopreparat is a much smaller or- envelope of what is permissible. Then, ‘‘if smallpox genome’’—the DNA—‘‘can be used ganization than it was during the Soviet someone other than Boris Yeltsin was in for the introduction of some foreign genetic years, and it is ostensibly dedicated entirely power, they could re-create their entire bio- material. The first development was small- to peaceful research and production. You can logical-weapons program quickly.’’ pox, and VEE.’’ VEE, or Venezuelan equine buy face cream and vodka made by Western biowarfare experts don’t know if encephalitis, is brain virus. It causes a se- Biopreparat. Vector, where Variant U was the new engineered anthrax is as deadly as vere headache and near-coma, but it is gen- developed, is no longer part of Biopreparat. normal anthrax, but it my be, and it could erally not lethal. Alibek said that the re- The Vector laboratories are undergoing an fall into the wrong hands, such as Iraq or searchers spliced VEE into smallpox. The re- extremely painful and perhaps incomplete Iran. The real problem may lie in those sult was a recombinant chimera virus. In an- conversion to peaceful use, and the Vector countries. Genetic-engineering work can be cient Greek myth, the chimera was a mon- scientists are secretive about some of their done in a small building by a few Ph.D. re- ster made from parts of different animals. work. Dr. Frank Malinoski, who was a mem- searchers, using tabletop machines that are Recombination means the mixing of genes ber of the British-American team that in- available anywhere in the world at no great from different organisms. ‘‘It is called small- spected Vector in the early nineteen-nine- cost. In high schools in the United States pox-VEE chimera,’’ Alibek said. It could also ties, told me that it is now generally be- today, students are taught how to do genetic be called Vee-pox. Under a microscope, lieved that the weapons program has been engineering. The learn how to create new Alibek said, the Veepox looks like smallpox, taken over by the Russian Ministry of De- variants of (safe) bacteria which are resist- but it isn’t. fense. ‘‘If Biopreparat was once an egg, then ant to antibiotics. One genetic-engineering According to Alibek, there was one major the weapons program was the yolk of the kit for high-school students costs forty-two technical hurdle to clear in the creation of a egg,’’ he said. ‘‘They’ve hard-boiled the egg, dollars and is sold through the mail. workable Veepox chimera, and he says that and taken out the yolk and hidden it.’’ A virus that seems particularly amendable it took the Vector researchers years to solve If, in fact, the yolk exists, what can West- to engineering is smallpox. According to the problem. They solved it by finding more ern governments do about it? After years of Alibek and others, it is possible that small- than one place in the smallpox DNA where avoiding confrontation with the Russians pox has left Russia for parts unknown, trav- you could insert new genes without decreas- over bioweapons, American officials are still elling in the pockets of mercenary biologist. ing smallpox’s ability to cause disease. Many uncertain how to proceed. Twenty million ‘‘Iran, Iraq, probably Libya, probably Syria, researchers feel that the smallpox virus dollars or so—no one seems sure of the and North Korea could have smallpox,’’ doesn’t cause disease in animals in any way amount—has been budgeted by a hodgepodge Alibek said. He bases his list partly on what that is useful for understanding its effects on of agencies to offer financial support to Rus- Russian intelligence told him while he was humans. Alibek says that the Russians test- sian biologists for peaceful research (so they in the program, for the Russians were very ed Veepox in monkeys, but he says that he won’t go abroad). The National Academy of sensitive to other countries’ bioweapons pro- doesn’t know the results. Sciences, for example, spent a million and a grams, and watched carefully. Bioweapons More recently, Alibek claims, the Vector half dollars on research funding for the Rus- programs may exist in Israel (which has researchers may have created a recombinant sians this past year. But the agencies are in never signed the bioweapons treaty) and Ebola-smallpox chimera. One could call it a quandary, and fear the scandal that would Pakistan. Alibek is convinced that India has Ebolapox. Ebola virus uses the molecule ensue if it turned out that their funds had a program. He says that when he was in RNA for its genetic code, whereas smallpox been diverted for weapons research. Biopreparat, Russian intelligence showed uses DNA. Alibek believes that the Russian The yolk of the bioweapons program may him evidence that China has a large bioweap- researchers made a DNA copy of the disease- now be hidden away in military facilities run ons program. causing parts of Ebola, then grafted them by the Russian Ministry of Defense, which The deadliest natural smallpox virus is into smallpox. Alibek said he thinks that the are off limits to Americans. The largest of known as Variola major. Natural smallpox Ebolapox virus is stable—that is, that it will these is a complex near Sergiyev Posad, and was eradicated from the earth in 1997, when replicate successfully in a test tube or in old town about thirty miles northeast of the last human case of it appeared, in Soma- animals—which means that, once created, Moscow. It’s not clear how much real control lia. Since then, the virus has lived only in Ebolapox will live forever in a laboratory, Boris Yeltsin has over the Russian military. laboratories. Smallpox is an extremely le- and will not uncreate itself. Thus a new form If the Ministry of Defense wanted to have a thal virus, and it is highly contagious in the of life may have been brought into the world. bioweapons program, could anyone tell it to air. When a child with chicken pox appears ‘‘The Ebolapox could produce the form of stop? One prominent American scientist said in a school classroom, many or most of the smallpox called blackpox,’’ Alibek says. to me, ‘‘All of our efforts in touchy-feely re- children in the class may go on to catch Blackpox, sometimes known as hemorrhagic lationships have certainly engaged the chicken pox. Smallpox is as contagious as smallpox, is the most severe type of small- former Biopreparat people, but we’ve been chicken pox. One case of smallpox can give pox disease. In a blackpox infection, the skin turned down flat by the military people. No does not develop blisters. Instead, the skin doubt they’re hiding something at Sergiyev rise to twenty new cases. Each of those cases can start twenty more. In 1970, when a man becomes dark all over. Blood vessels leak, re- Posad, but what are they hiding? Is it a sulting in severe internal hemorrhaging. infected with smallpox appeared in an emer- weapons program? Or is it a shadow that Blackpox is invariably fatal. ‘‘As a weapon, gency room in Germany, seventeen cases of doesn’t mean anything, like the shadow on the Ebolapox would give the hemorrhages smallpox appeared in the hospital on the the shade in ‘Home Alone’? We just don’t and high mortality rate of Ebola virus, floors above. Ultimately, the German gov- know.’’ which would give you a blackpox, plus the ernment vaccinated a hundred thousand peo- Meanwhile, there is strong suspicion that very high contagiousness of smallpox,’’ ple to stop the outbreak. Two years later in at some of the more visible laboratories Alibek said. weapons-related genetic engineering is being Yugoslavia, a man with a severe case of Bill Patrick became exasperated. ‘‘Ken! conducted. Genetic engineering, in military smallpox visited several hospitals before Ken! I think you’ve got overkill here. What terms, is the creation of genetically altered dying in an intensive-case unit. To stop the is the point of creating an Ebola smallpox? I viruses and bacteria in order to enhance resulting outbreak, which forced twenty mean, it would be nice to do this from a sci- their power as weapons. This work can be thousand people into isolation. Yugoslav entific point of view, sure. But with old-fash- done by altering an organism’s DNA, which health authorities had to vaccinate virtually ioned natural smallpox you can bring a soci- is the ribbon-like molecule that contains the the entire population of the country within ety to its knees. You don’t need any organism’s genetic code and is found in every three weeks. Smallpox can start the biologi- Ebolapox, Ken. Why, you’re just gonna kill cell and in every virus particle. Three cal equivalent of a runaway chain reaction. everybody.’’ months ago, researchers at the Center for About a third of the people who get a hot ‘‘I suspect that this research has been Applied Microbiology at Obolensk—the place strain of smallpox die of it. The skin puffs up done,’’ Alibek said calmly. south of Moscow where Biopreparat once de- with blisters the size of hazelnuts, especially Lev Sandakhchiev, the head of Vector, veloped and mass-produced hot strains of over the face. A severe case of small pox can strongly denies this. ‘‘In our center we devel- Black Death for Soviet missiles and weapons essentially burn the skin off one’s body. oped vaccinia-virus recombinants with VEE systems—published a paper in the British The smallpox vaccine wears off after ten to viruses and some others,’’ he says. Vaccinia medical journal Vaccine describing how twenty years. None of us are immune any is a harmless virus related to smallpox. It is they’d created a genetically engineered an- longer, unless we’ve had a recent shot. There used for making vaccines. thrax. The Obolensk anthrax, they reported, are currently seven million usable does of ‘‘How much do you think it would cost to was resistant to the standard anthrax vac- smallpox vaccine stored in the United create genetically engineered smallpox?’’ I cine. States, in one location in Pennsylvania. If an asked Alibek. Ken Alibek thinks that the Russians pub- outbreak occurred here, it might be nec- ‘‘This is not expensive.’’ He paused, think- lished information about their research be- essary to vaccinate all two hundred and sev- ing. ‘‘A few million dollars. This is what it S1882 CONGRESSIONAL RECORD — SENATE March 12, 1998 cost us for making the smallpox-VEE chi- troubles me is that this kind of work is being He shook the jar under my face. The blood- mera at Vector in 1990 and 1991. done in a clandestine way. They are not tell- tinged powder climbed the sides of the jar. A Ken Alibek’s statements about the genetic ing us what is going on. To be doing such po- tendril of simulated bioweapon reached for engineering of smallpox are disturbing. I felt tentially evil research without telling us my nose. a need to hear some perspective from senior what they are doing is a provocation. To do Instinctively, I jerked my head back. scientists who are close to the situation. Dr. an experiment of this kind in the United Patrick walked across the lawn and stood Peter Jahrling is the chief scientist at States would be almost impossible. There by an oak tree. Suddenly he extended his USAMRIID, and he has visited Russia four would be an extensive review, and it might arm and heaved the contents of the jar into times in recent months. (‘‘It seems as if all well not be allowed for safety reasons. The the air. His simulated brain-virus weapon I do these days is visit Russia,’’ he said to experiment is extremely dangerous, because blasted through the branches of a dogwood me.) He knows the scientists at Vector pret- things could get out of hand.’’ tree and took off in the wind heading ty well. He has listened to Alibek and ques- Lederberg agreed that Russia does have a straight down a meadow and across the tioned him carefully, and he doesn’t believe clandestine biological-weapons program street, booming with celerity toward Fred- him about the Ebola-smallpox chimera. ‘‘His today, though it’s not at all clear how much erick. Within seconds, the aerosol cloud had talk about chimeras of Ebola is sheer fan- Vector and Biopreparat have to do with it, become invisible. But the particles were tasy, in my opinion,’’ Jahrling said. ‘‘This since they are independent entities. As for there, moving with the breeze at a steady would be technically formidable. We have the biological missiles once aimed at the ten to twelve miles an hour. seen zero evidence of the Vector scientists U.S., it doesn’t surprise him: ‘‘You can put Alibek watched, tugging at his cigarette, doing that. But a smallpox chimera—is it anything in a ballistic missile.’’ nonchalant, mildly amused. ‘‘Yeah. You plausible? Yes, it is, and I think that’s scary. Lederberg seems to be a man who has won’t see the cloud now.’’ The truth is, I’m not so worried about gov- looked into the face of evil for a long time ‘‘Some of those particles’ll go eighteen to ernments anymore. I think genetic engineer- and hasn’t blinked. He is part of a group of twenty miles, maybe to the Mt. Airy Ridge,’’ ing has been reduced to simple enough prin- scientists and government officials who are Patrick remarked. The simulated brain virus ciples so that any reasonably equipped group trying to maintain a dialogue with Russian would arrive in Mt. Airy in less than two of reasonably good scientists would be able biologists and bring them into the inter- hours. He walked back and put his hand on to construct a credible threat using genetic national community of science. ‘‘Our best Alibek’s shoulder, and smiled. engineering. I don’t think anyone could hope is to have a dialogue with Alibek nodded. knock out New York City with a genetically Sandakhchiev,’’ he said quietly. ‘‘There is no ‘‘What are you thinking?’’ I asked Alibek. engineered bug, but someone might be able technical solution to the problem of biologi- He pursed his lips and shrugged. ‘‘This is to knock out a few people and thereby make cal weapons. It needs an ethical, human, and not exciting for me.’’ an incredible panic.’’ moral solution if it’s going to happen at all. Patrick went on, ‘‘Say you wanted to hit Joshua Lederberg is a member of a work- Don’t ask me what the odds are for an ethi- Frederick today, Ken, what would you use?’’ ing group of scientists at the National Acad- cal solution, but there is no other solution.’’ Alibek glanced at the sky, weighing the emy of Sciences who advice the government He paused, considering his words. ‘‘But weather and his options. ‘‘I’d use anthrax on biological weapons and the potential for would an ethical solution appeal to a mixed with smallpox.’’ bioterrorism. He is a professor at Rockefeller sociopath?’’ f University, in Manhattan, and is considered Terrorism is the uncontrolled part of the to be one of the founders of the bio- equation. A while ago, Richard Butler, who SENATE RESOLUTION 174 technology revolution. He received the Nobel is the head of the United Nations Special Prize for discovering—in 1946, when he was a Commission weapons-inspection teams in The text of the resolution (S. Res. young man—that bacteria can swap genes Iraq, remarked to me, ‘‘Everyone wonders 174) as agreed to by the Senate on with each other. It was apparent to him even what kinds of delivery systems Iraq may March 11, 1998, is as follows: back then that people would soon be moving have for biological weapons, but it seems to S. RES. 174 genes around, for evil as well as good. me that the best delivery system would be a Whereas the United States maintains a I found Lederberg in his office, in a modest suitcase left in the Washington subway.’’ building covered with vines, in a green island Could something like that happen? What close bilateral partnership with Thailand of grass and trees on Manhattan’s East Side. would it be like? The truth is that no one and has a profound interest in furthering He is in his seventies, a man of modest size really knows, because lethal bioterror on a that relationship; and modest girth, with a trim white beard, major scale has not occurred. At one point in Whereas the friendship between our two glasses, intelligent hazel eyes, and careful my talk with Ken Alibek in Bill Patrick’s countries goes back farther than that with sentences. Lederberg knows Alibek and kitchen that winter afternoon, we took a any other Asian nation dating back to the Pasechnik. He said to me, ‘‘They are offering break, and the former master bioweaponeers Treaty of Amity and Commerce and Naviga- very important evidence. You have to look stood on the lawn outside the house, looking tion of 1833; carefully at what they’re saying, but I offer down on the city of Frederick. The view Whereas the bilateral trade relationship is high credibility to their remarks in gen- reaches to the Mt. Airy Ridge, a blue line in robust and promises to grow even more so in eral.’’ He seemed to be choosing his words. the distance. Clouds had covered the sun time; As far as what was going on at Vector, he again. Whereas the United States security rela- says that ‘‘with smallpox, anything could Patrick was squinting east, with a profes- tionship with Thailand is one of our most have happened. Lev Sandakhchiev is one of sional need to understand the nuances of critical, and it is in both countries’ interest the world’s authorities on the smallpox ge- wind and cloud. ‘‘The wind is ten to twelve to maintain and strengthen that relation- nome. But there are all kinds of reasons miles an hour, gusting a bit.’’ He pointed to ship; you’d want to introduce modifications into smoke coming from a building in the valley. Whereas the new Government in Thailand smallpox.’’ He said that you might, for ex- ‘‘See the smoke there? It’s drifting up a lit- has committed itself to making significant ample, alter smallpox in order to make a tle, but see how it hangs? We have sort of an structural reforms to its economy in line vaccine. ‘‘You have to prove intent to make inversion today, not a good one. I’d say it’s with the conditions placed upon it by the a weapon,’’ he said. a good day for anthrax or Q fever.’’ International Monetary Fund, including im- Researchers normally introduce new genes Alibek lit a cigarette and watched the sky. proving financial and economic transparency into the vaccinia virus. Vaccinia doesn’t He appraises weather the same way Patrick and cutting its budget; cause major illness in humans, but if you’re does. Whereas the conditions imposed on Thai- infected with it you become immune to Suddenly Patrick turned on his heel and land by the International Monetary Fund smallpox. When the new genes are intro- went into his garage. He returned in a few were developed in August of 1997, when the duced into vaccinia, they tend to make the moments carrying a large mayonnaise jar. economic environment in Asia was vastly virus even weaker, even less able to trigger He unscrewed the cap. The jar contained a different from that existing today; disease. Putting new genes into smallpox fine, creamy, fluffy powder, with a mottled Whereas an example of those changed cir- presumably might make it weaker, too. pink tinge. The pink was the dried blood of cumstances is the fact that both Korea and Alibek insisted that the Russians have found chicken embryos, he explained. ‘‘This is a Indonesia provided second line of defense places in the genome of smallpox where you simulant for VEE.’’ It was a fake version of contingency loans to Thailand in August can insert new genes, yet the virus remains the weaponized brain virus. It was sterile, 1997, amounting to US$500 million each; and deadly. and had no living organisms in it. It was Whereas Thailand’s democratic reforms I said to Lederberg, ‘‘If someone is adding harmless. have advanced with that country’s economic genes from Ebola to smallpox virus, and it’s The VEE virus can be grown in weapons- growth and development: Now, therefore, be making the smallpox more deadly, as Alibek grade concentration in live chicken embryos. it says is happening in Russia, isn’t that evi- When the embryos are swimming with virus Resolved, That it is the sense of the Senate dence of intent to make a weapon?’’ particles, you break open the eggs (you had that— ‘‘No,’’ he said firmly. ‘‘You can’t prove in- better be wearing a spacesuit), and you har- (1) the United States should enhance the tent by the experiment itself. It’s not even vest the sick embryos. You freeze-dry them close political and security relationship be- clear to me that adding Ebola genes to and process them into a powder using one of tween Thailand and the United States and smallpox would make it more deadly. What Patrick’s secret methods. strengthen economic ties and cooperation March 12, 1998 CONGRESSIONAL RECORD — SENATE S1883 with Thailand to ensure that Thailand’s eco- EXECUTIVE REPORTS OF Jerry J. Saulter, which nominations were re- nomic recovery continues uninterrupted; and COMMITTEES ceived by the Senate and appeared in the (2) Thailand deserves praise and com- CONGRESSIONAL RECORD of November 6, 1997. mendation from the United States for the The following executive reports of In the Coast Guard nominations beginning measures it has implemented to resolve its committees were submitted: Stephen W. Rochon, and ending Louis M. financial problems. By Mr. MCCAIN, from the Committee on Farrell, which nominations were received by f Commerce, Science, and Transportation: the Senate and appeared in the CONGRES- Robert J. Shapiro, of the District of Co- SIONAL RECORD of January 29, 1998. CORRECTION TO THE RECORD lumbia, to be Under Secretary of Commerce In the Coast Guard nomination of Robert Rollcall Vote No. 26 on page S1752 of for Economic Affairs. L. Clarke, Jr., which was received by the John Charles Horsley, of Washington, to be the March 11, 1998, edition of the Senate and appeared in the CONGRESSIONAL Associate Deputy Secretary of Transpor- RECORD of January 29, 1998. RECORD has been corrected to reflect tation. In the Coast Guard nomination of Kerstin the following: James E. Hall, of Tennessee, to be Chair- B. Rhinehart, which was received by the Sen- The result was announced—yeas 18, man of the National Transportation Safety ate and appeared in the CONGRESSIONAL nays 80, as follows: Board for a term of two years. (Reappoint- RECORD of January 29, 1998. [Rollcall Vote No. 26 Leg.] ment) In the Coast Guard nomination of Maury Orson Swindle, of Hawaii, to be a Federal YEAS—18 M. Mcfadden, which was received by the Sen- Trade Commissioner for the term of seven ate and appeared in the CONGRESSIONAL Abraham Hutchinson Mack years from September 26, 1997, term expired, RECORD of January 29, 1998. Ashcroft Hutchison McCain to which position he was appointed during In the National Oceanic and Atmospheric Brownback Inhofe Nickles the last recess of the Senate. Administration nominations beginning Coats Kyl Smith (NH) Mozelle Willmont Thompson, of New York, Coverdell Levin Thompson James A. Illg, and ending Jennifer D. Garte, Graham Lugar Thurmond to be a Federal Trade Commissioner for the which nominations were received by the Sen- term of seven years from September 26, 1996, ate and appeared in the CONGRESSIONAL NAYS—80 to which position he was appointed during RECORD of January 29, 1998. Akaka Enzi Leahy the last recess of the Senate. In the Coast Guard nominations beginning Allard Faircloth Lieberman Winter D. Horton, Jr., of Utah, to be a William J. Shelton, and ending Keith O. Baucus Feingold Lott Member of the Board of Directors of the Cor- Pelletier, which nominations were received Bennett Feinstein McConnell poration for Public Broadcasting for a term by the Senate and appeared in the CONGRES- Biden Ford Mikulski expiring January 31, 2002, term expired. SIONAL RECORD of March 3, 1998. Bingaman Frist Moseley-Braun Christy Carpenter, of California, to be a Bond Glenn Moynihan f Boxer Gorton Murkowski Member of the Board of Directors of the Cor- Breaux Gramm Murray poration for Public Broadcasting for a term INTRODUCTION OF BILLS AND Bryan Grams Reed expiring January 31, 2002, term expired. Bumpers Grassley Reid The following-named officers for appoint- JOINT RESOLUTIONS Burns Gregg Robb ment in the U.S. Coast Guard to the grade The following bills and joint resolu- Byrd Hagel Roberts indicated under title 14, U.S.C., section 271: Campbell Harkin Rockefeller tions were introduced, read the first Chafee Hatch Roth To be rear admiral and second time by unanimous con- Cleland Helms Santorum Rear Adm. (lh) Joseph J. McClelland, Jr., sent, and referred as indicated: Cochran Hollings Sarbanes 1599 By Mr. MACK (for himself, Mr. Collins Inouye Smith (OR) Rear Adm. (lh) John L. Parker, 7443 BREAUX, Mr. TORRICELLI, Mr. LOTT, Conrad Jeffords Snowe Rear Adm. (lh) Paul J. Pluta, 4222 Craig Johnson Specter Mr. HATCH, Mr. MURKOWSKI, Mr. D’Amato Kempthorne Stevens Rear Adm. (lh) Thad W. Allen, 3199 DEWINE, Mr. HAGEL, Mr. KYL, Mr. Daschle Kennedy Thomas The following-named officers for appoint- ABRAHAM, Mr. ASHCROFT, Mr. COCH- DeWine Kerrey Torricelli ment in the U.S. Coast Guard to the grade RAN, and Mr. HELMS): Dodd Kerry Warner indicated under title 14 U.S.C., section 271: S. 1748. A bill to amend the Internal Reve- Domenici Kohl Wellstone nue Code of 1986 to provide that the reduced Dorgan Landrieu Wyden To be rear admiral (lower half) Durbin Lautenberg Capt. David S. Belz, 7006 capital gains tax rates apply to long-term Capt. James S. Carmichael, 7926 capital gain from property with at least a 1- NOT VOTING—2 Capt. Roy J. Casto, 8656 year holding period; to the Committee on Fi- Sessions Shelby Capt. James A. Kinghorn, 8699 nance. f Capt. Erroll M. Brown, 1778 By Mr. ALLARD (by request): S. 1749. A bill to authorize the Secretary of MESSAGES FROM THE HOUSE (The above nominations were re- the Interior to provide funding for the imple- ported with the recommendation that At 4:15 p.m., a message from the mentation of the endangered fish recovery they be confirmed, subject to the nomi- House of Representatives, delivered by implementation programs for the Upper Col- nees’ commitment to respond to re- orado and San Juan River Basins; to the Mr. Hays, one of its reading clerks, an- quests to appear and testify before any Committee on Environment and Public nounced that the House has passed the duly constituted committee of the Sen- Works. following bills, in which it requests the ate.) By Mrs. HUTCHISON (for herself and concurrence of the Senate: Mr. DOMENICI): Mr. MCCAIN. Mr. President, for the H.R. 992. An act to end the Tucker Act S. 1750. A bill to amend section 490 of the Committee on Commerce, Science, and Foreign Assistance Act of 1961 to establish shuffle, and for other purposes. Transportation, I report favorably H.R. 1432. An act to authorize a new trade an additional certification with respect to and invest policy for sub-Saharan Africa. seven nominations lists in the Coast major drug-producing and drug-transit coun- H.R. 2883. An act to amend provisions of Guard and National Oceanic and At- tries, and for other purposes; to the Commit- law enacted by the Government Performance mospheric Administration, which were tee on Foreign Relations. and Results Act of 1993 to improve Federal printed in full in the CONGRESSIONAL By Mr. SPECTER: agency strategic plans and performance re- RECORD on November 6, 1997, January S. 1751. A bill to extend the deadline for ports. 29, 1998 and March 3, 1998, and ask submission of a report by the Commission to f Assess the Organization of the Federal Gov- unanimous consent, to save the ex- ernment to Combat the Proliferation of MEASURES REFERRED pense of reprinting on the Executive Weapons of Mass Destruction; to the Select Calendar, that these nominations lie at The following bills were read the first Committee on Intelligence. the Secretary’s desk for the informa- By Mr. KYL: and second times by unanimous con- tion of Senators. S. 1752. A bill to authorize the Secretary of sent and referred as indicated: The PRESIDING OFFICER. Without Agriculture to convey certain administra- H.R. 992. An act to end the Tucker Act objection, it is so ordered. tive sites and use the proceeds for the acqui- shuffle, and for other purposes; to the Com- (The nominations ordered to lie on sition of office sites and the acquisition, con- mittee on the Judiciary. the Secretary’s desk were printed in struction, or improvement of offices and sup- H.R. 2883. An act to amend provisions of port buildings for the Coconino National law enacted by the Government Performance the RECORDS of November 6, 1997, Janu- Forest, Kaibab National Forest, Prescott Na- and Results Act of 1993 to improve Federal ary 29, 1998 and March 3, 1998, at the tional Forest, and Tonto National Forest in agency strategic plans and performance re- end of the Senate proceedings.) the State of Arizona; to the Committee on ports; to the Committee on Governmental In the Coast Guard nominations beginning Energy and Natural Resources. Affairs. Cdr. Claudio R. Azzaro, and ending Cdr. By Mrs. FEINSTEIN: S1884 CONGRESSIONAL RECORD — SENATE March 12, 1998 S. 1753. A bill to amend the Internal Reve- also reduces economic efficiency and investment opportunities, create jobs, nue Code of 1986 to encourage school con- the flow of capital by artificially lock- and boost growth to the benefit of all struction and rehabilitation through the cre- ing-in investments for longer dura- Americans. ation of a new class of bond, and for other tions. Additionally, Americans who Mr. President, I ask unanimous con- purposes; to the Committee on Finance. sent that this bill be printed in the By Mr. FRIST (for himself, Mr. KEN- may need to sell an investment before NEDY, Mr. JEFFORDS, Mr. BINGAMAN, holding it 18 months—for instance, to RECORD. Mr. COCHRAN, and Mr. INOUYE): pay a tuition bill or medial expense— There being no objection, the bill was S. 1754. A bill to amend the Public Health are punished with higher tax rates ordered to be printed in the RECORD, as Service Act to consolidate and reauthorize under current law. This makes little follows: health professions and minority and dis- sense and must be corrected. S. 1748 advantaged health professions and disadvan- My bill would restore a straight- Be it enacted by the Senate and House of Rep- taged health education programs, and for forward one-year holding period for resentatives of the United States of America in other purposes; to the Committee on Labor capital gains. It would greatly simplify Congress assembled, and Human Resources. the tax compliance burden, reduce pu- SECTION 1. SHORT TITLE. f nitive taxation, and improve economic This Act may be cited as the ‘‘Capital Gains Simplification Act of 1998’’. efficiency. Simply stated, it would STATEMENTS ON INTRODUCED SEC. 2. 1-YEAR HOLDING PERIOD FOR ANY LONG- BILLS AND JOINT RESOLUTIONS make it easier and more rewarding for TERM CAPITAL GAIN. By Mr. MACK (for himself, Mr. Americans to save and invest for their (a) IN GENERAL.—Section 1(h)(4) of the In- futures. ternal Revenue Code of 1986 (defining ad- BREAUX, Mr. TORRICELLI, Mr. New entrepreneurial activity that justed net capital gain) is amended by adding LOTT, Mr. HATCH, Mr. MURKOW- boosts economic growth takes money, ‘‘and’’ at the end of subparagraph (B), by SKI, Mr. DEWINE, Mr. HAGEL, and the demands for capital are the striking ‘‘, and’’ at the end of subparagraph Mr. KYL, Mr. ABRAHAM, Mr. greatest they have been in decades. (C) and inserting a period, and by striking ASHCROFT, Mr. COCHRAN, and subparagraph (D). New technologies are opening the door Mr. HELMS): (b) CONFORMING AMENDMENTS.—Section to greater productivity gains and new S. 1748. A bill to amend the Internal 1(h) of the Internal Revenue Code of 1986 is products. We must ensure that the ade- Revenue Code of 1986 to provide that amended— quate savings and investment needed (1) in paragraph (6), by striking subpara- the reduced capital gains tax rates to fuel new technologies and productiv- graph (A) and inserting the following: apply to long-term capital gain from ity gains are available. ‘‘(A) IN GENERAL.—The term ‘unrecaptured property with at least a 1-year holding Any tax on capital gains represents section 1250 gain’ means the amount of long- period; to the Committee on Finance. punitive double taxation, and often term capital gain which would be treated as ordinary income if section 1250(b)(1) included THE CAPITAL GAINS SIMPLIFICATION ACT OF 1998 taxes illusory gains due simply to in- Mr. MACK. Mr. President, today I am all depreciation and the applicable percent- flation. And capital gains are not just age under section 1250(a) were 100 percent.’’, introducing the Capital Gains Sim- for the ‘‘rich.’’ According to IRS tax (2) by striking paragraphs (8), (10), and (11), plification Act of 1998. This legislation return data, 54 percent of taxpayers re- (3) in paragraph (9), by striking ‘‘section will significantly improve the tax porting capital gains have incomes 1202 gain, or mid-term gain’’ and inserting treatment of capital gains and would below $50,000—meaning more than 8 ‘‘or section 1202 gain’’, benefit all Americans. It would restore million households earning less than (4) by redesignating paragraph (9) as para- the one-year holding period (from the $50,000 can benefit from the capital graph (8), and (5) by adding at the end the following: current 18 month requirement) to qual- gains tax relief Congress provided last ify for the lower capital gains tax rates ‘‘(8) TREATMENT OF PASS-THRU ENTITIES.— year. Many senior citizens depend on ‘‘(A) IN GENERAL.—The Secretary may pre- the Republican Congress enacted last cashing in their capital gains as their scribe such regulations as are appropriate year. This simple change would dra- major source of income during retire- (including regulations requiring reporting) matically reduce tax compliance costs, ment. More than 80 percent of capital to apply this subsection in the case of sales lessen the punitive lock-in effect on gains are reported by households with and exchanges by pass-thru entities and of capital, and yield additional federal less than $100,000 in income. interests in such entities. revenue in the first two years. It’s no secret that a large and grow- ‘‘(B) PASS-THRU ENTITY DEFINED.—For pur- poses of subparagraph (A), the term ‘pass- Capital investment is the key to eco- ing number of ordinary middle-income nomic growth and our future standard thru entity’ means— Americans are directly or indirectly ‘‘(i) a regulated investment company, of living. That’s why we successfully invested in the stock market. They in- ‘‘(ii) a real estate investment trust, fought to give the American people sig- vest directly by buying shares them- ‘‘(iii) an S corporation, nificant tax relief on their savings and selves or indirectly through savings in ‘‘(iv) a partnership, investments last year. We reduced the mutual funds, IRA accounts, or pension ‘‘(v) an estate or trust, and top rate on capital gains from 28 per- plans at work. The proportion of fami- ‘‘(vi) a common trust fund.’’. cent to 20 percent. Typical taxpayers in lies who own stocks has increased dra- (d) EFFECTIVE DATE.—The amendments the 15 percent tax bracket had their made by this section shall apply to taxable matically. By simplifying the tax years beginning after December 31, 1997. capital gains tax rate lowered even treatment of capital gains, this legisla- more—to 10 percent. tion would encourage families to save By Mr. ALLARD (by request): Unfortunately, in order for taxpayers even more and would make it easier for S. 1749. A bill to authorize the Sec- to qualify for lower capital gains tax them to buy a home, prepare for retire- retary of the Interior to provide fund- rates, the Clinton Administration dic- ment, or pay for their children’s edu- ing for the implementation of the en- tated an increase in the holding period cation. dangered fist recovery implementation from one year to 18 months when the Let’s not forget that capital gains programs for the Upper Colorado and Taxpayer Relief Act of 1997 was in con- taxes are largely a voluntary tax, since San Juan River Basins; to the Commit- ference. This arbitrary new holding pe- investors decide when they sell their tee on Environment and Public Works. riod creates an awkward rate structure assets. Investors should be allowed to THE UPPER COLORADO RIVER AND SAN JUAN in which gains held between 12 and 18 freely move their money into new in- RIVER ENDANGERED FISH RECOVERY ACT OF 1998 months are taxed at higher rates. This vestments without paying punitive tax Mr. ALLARD. Mr. President, today I dramatically and unnecessarily com- rates due to arbitrary holding periods. am introducing the Upper Colorado plicates tax calculations and compli- Locking up capital with longer holding River and San Juan River Endangered ance costs for taxpayers, investment periods can only diminish our chances Fish Recovery Act of 1998, legislation firms, and the IRS. of achieving our greatest growth poten- that is designed to authorize activities For most Americans, their tax ac- tial. taking place on the Upper Colorado counting and investment changes are By returning the capital gains hold- River Basin and the San Juan River timed on a one year basis, thus making ing period to one year, the Capital Basins to protect various endangered the new 18-month holding period out of Gains Simplification Act would cut tax fish species. sync with investment and tax filing compliance costs, but more impor- The legislation is the product of standards. This longer holding period tantly, it would help unleash greater meetings between water districts, March 12, 1998 CONGRESSIONAL RECORD — SENATE S1885 power users, state and federal govern- the introduction of Recovery Program legis- continues to offer the best opportunity to ments, and environmental groups and lation. The Fish & Wildlife Service has made address water needs and environmental obli- by no means reflects consensus. What it clear that they want a permanent alloca- gations to the arid West. it does reflect is a bargaining point tion of Ruedi Water, or water from another Very truly yours, source, to meet the objectives under the Re- JAMES. S. LOCHHEAD, that all agree is the proper place to covery Program. Such a re-allocation of Executive Director. begin. At the request of these groups I water may mean that the original authoriz- am introducing this legislation. I ing legislation from the Fry-Ark Project UPPER COLORADO RIVER would also like to include in the (Public Law 87–590, August 16, 1962) would BASIN WATER USERS, RECORD letters requesting that I intro- need to be reopened in order to forgive the Loveland, CO, February 13, 1998. duce this legislation. costs of construction associated with the Hon. WAYNE ALLARD, I want my position to be clear, it is Ruedi water, and possibly to authorize the U.S. Senate, Washington, DC. my view that authorizing legislation transfer of the water from the intended irri- DEAR SENATOR ALLARD: Thank you for cir- gation and M&I use to endangered fish use. culating a draft legislation that would au- should provide certainty to water users As you will understand, the Southeastern in Colorado under the Endangered Spe- thorize long-term funding for the Colorado District is concerned with re-opening our River Endangered Fish Recovery Program. cies Act and should also allow Colo- Fry-Ark Project authorizing legislation We have reviewed the draft that was at- radans a greater ability to develop without some guarantee that our full enti- tached to your letter of November 14, 1997, their full allotment of the Colorado tlements for irrigation and M&I water deliv- and believe that this legislation should re- River. It’s also my view that the Fish eries, and other benefits under the Project, ceive further consideration by all interested & Wildlife Service, who are preparing a will be protected. parties. As is often the case with legislation, biological opinion on the program, Given these concerns, the District had of this nature, none of the organizations that heretofore withheld our support for the in- we represent are prepared to endorse this should reach the conclusion that the troduction of Recovery Program long-term program meets the criteria necessary particular draft, and all of the interested funding authorization legislation. We now parties have served their right to suggest to reach that goal. ask that the legislation move forward under amendments to or withdraw support for leg- So while at this point I am only in- your leadership. However, our continued sup- islation. However, we support the introduc- troducing this legislation upon request, port for the legislation in the months to tion of this legislation at this time, as we be- I hope that after further negotiations come will in part be contingent upon the lieve that the hearing and markup process among all parties and the biological positive resolution of the Ruedi Reservoir will provide the best way to resolve the re- opinion issued by the FWS all parties water commitment element of the Recovery maining issues. Program, and the issuance of a favorable involved will support this, or subse- Thank you for taking the time to work on programmatic biological opinion. this important issue. quent, legislation. Thank you for considering our concerns as Sincerely, Mr. President, I ask unanimous con- a part of your work on this important piece H.J. Barry, Denver Water Department; sent that additional material be print- of legislation. Eric W. Wilkinson, Northern Colorado Sincerely, ed in the RECORD. Water Conservancy, Resources Dis- STEVEN ARYESCHOUG, There being no objection, the mate- trict; Larry W. Clever, Ute Water Con- General Manager. rial was ordered to be printed in the servancy District; Cliff Inbau, City of RECORD, as follows: Aurora Utilities; Gregory Trainor, STATE OF COLORADO, SOUTHEASTERN COLORADO Utility Manager, City of Grand Junc- OFFICE OF THE EXECUTIVE DIRECTOR, WATER CONSERVANCY DISTRICT, tion; Dale Tooker, Manager, Clifton DEPARTMENT OF NATURAL RESOURCES, Water District; Richard E. Kuhn, Colo- Pueblo CO, February 24, 1998. Denver, CO, February 25, 1998. Re Upper Colorado River Endangered Fish rado River Conservation District; Phil- Hon. WAYNE ALLARD, ip Saletta, Colorado Springs Utilities, Recovery Program—Authorizing Legisla- Hart Building, Washington, DC. Water Department; Richard Proctor, tion. DEAR SEN. ALLARD: I am writing to ask Manager, Grand Valley Water Users’ Hon. WAYNE ALLARD, you to introduce legislation to statutorily U.S. Senate, Hart Senate Office Building, authorize the federal government’s partici- Association; James D. Rooks, Orchard Washington, DC. pation in the Recovery Implementation Pro- Mesa Irrigation District; John R. DEAR SENATOR ALLARD: As we discussed gram for Endangered Fish Species in the Fetcher, Upper Yampa Water Conserva- during your visit to Pueblo last week (Feb- Upper Colorado River Basin and the San tion District; and Alan C. Hamel, ruary 19th), the Southeastern District did Juan River Recovery Implementation Pro- Board of Water Works of Pueblo. not join other water users in signing the gram (Recovery Programs). Upper Colorado River Basin Water Users These programs allow water development By Mrs. HUTCHISON (for herself February 13th letter supporting the intro- to proceed while states, water users, environ- and Mr. DOMENICI): duction of authorizing legislation for the mental groups and Indian tribes work with S. 1750. A bill to amend section 490 of long-term funding of the Colorado River En- federal agencies to recover four endangered the Foreign Assistance Act of 1961 to dangered Fish Recovery Program. We now fish species. However, if the recovery pro- establish an additional certification wish to voice our support for introduction of grams are really to achieve their intended with respect to major drug-producing the proposed legislation, but ask that you purposes, clear statutory authority is needed consider the Southeastern District’s con- to help ensure that funds will continue to be and drug-transit countries, and for cerns while moving the bill through the requested by the Department of the Interior other purposes; to the Committee on process. and appropriated by Congress. Foreign Relations. While we are supporting introduction at Water users have assisted officials from MEXICO AND THE DRUG CERTIFICATION PROCESS this time, we do so with some measure of Colorado, New Mexico, Utah and Wyoming to LEGISLATION concern. Prior to our February 19th meeting, draft legislation that will provide the needed Mr. DOMENICI. Mr. President, I am the Board of the District has held the posi- authority. tion that before authorizing legislation is in- However, Colorado water users recognize pleased to rise today with the distin- troduced the fish and Wildlife Service should that statutory authority alone will not guished junior Senator from Texas first issue a favorable biological opinion (BO) make the programs successful. As a result, (Mrs. HUTCHISON) to introduce a bill to stating that the Recovery Program does in- they have been working with me to clarify bring some much needed credibility deed serve as the reasonable and prudent al- how the Upper Colorado River program and and flexibility to the drug certification ternative for all water projects diverting the U.S. Fish and Wildlife Service will ad- process. above the upper Colorado River 15-mile dress future depletions in the 15-mile reach As my colleagues are aware, the reach. That BO is not yet complete, so un- of the Colorado River near Grand Junction. certainty still exists. In addition, the Dis- It is my understanding that water users President recently announced his an- trict has been cautious in our support for the support the introduction of legislation while nual decision regarding which coun- Recovery Program because one of the key these negotiations continue and may with- tries would be certified as ‘‘fully co- elements of the Program requires a commit- draw their support at any time. Introducing operating’’ with the United States in ment of water from Ruedi Reservoir, which legislation now would also allow Congress to the drug war. Once again, in the face of is a component of the Fryingpan-Arkansas exercise some programmatic oversight and overwhelming evidence that full cer- Project. tailor the legislation to reflect agreements tification was unwarranted, the Presi- The commitment of water from Ruedi Res- reached through the 15-mile reach discus- ervoir to augment flows in the 15-mile reach sions. dent found that Mexico has fully co- for endangered fish has not yet been posi- I hope that you will introduce this legisla- operated. This decision essentially tively resolved, which is the major reason tion and continue to support the efforts of means that the President has an- why the Southeastern District has resisted water users to ensure the recovery program nounced to the American people and S1886 CONGRESSIONAL RECORD — SENATE March 12, 1998 the world that Mexico is a full partner enforcement officials now have identi- the last several years. We in Congress in our anti-narcotics efforts. fied this individual as a suspected drug have a duty to take a look at this law Mr. President, I understand that trafficker in Arizona, but U.S. requests and figure out a way to fix it. Mexico has made some progress in re- for information from Mexico about his So today with my colleagues from cent years in combating the drug car- activities have gone unanswered. How other border states, we have introduced tels. And for that, the Mexican govern- is that ‘‘full cooperation?’’ I can tell a bill which I believe is a good starting ment deserves some credit. But, I sim- you that U.S. law enforcement officials point in the debate about the certifi- ply cannot accept the Administration’s do not think this is full cooperation— cation process. Our bill would take flawed decision that Mexico has fully Tom Constantine, the head of the DEA what I think are two important steps cooperated with the United States. said as much in a recent Senate hear- in improving the certification statute. There were too many instances of drug- ing. The bill: (1) provides the President related corruption and violence in the Mexico also has failed to cooperate in with a new option, called ‘‘qualified past year which support the opposite another key area: extradition. Once certification’’; and (2) emphasizes the conclusion—that Mexico deserves again, the Administration claims that important contribution our drug-fight- something less than full certification. Mexico has increased its willingness to ing U.S. law enforcement agencies Mr. President, I could take all day to cooperate with the United States on make by giving them a greater role in explain to my colleagues in the Senate extradition. Yet, once again, there is the certification process. why I believe that Mexico does not de- no evidence that Mexico has made ef- Under our bill, the President would serve full certification this year. In- forts to capture and extradite to the no longer be forced to make the deci- stead, I would like to point out a just U.S. for trial any high-ranking Mexi- sion between ‘‘full certification’’ or de- few facts which lead me to that conclu- can national drug lords. Our law en- certification, as is the case under cur- sion. forcement officials risk their lives rent law. The fatal flaw of the certifi- First, I would direct my colleagues to gathering information to obtain indict- cation statute is that it rigidly re- a Washington Post article dated March ments against Mexican drug traffick- quires the President to make a choice 9th—just this week—entitled ‘‘2,000 ers, yet very few are ever captured and between ‘‘full cooperation’’ and ‘‘no co- Miles of Disarray in the Drug War— sent here for trial. In fact, the Presi- operation’’, when in reality many U.S./Mexico Border Effort ‘A Sham- dent’s own 1998 International Narcotics countries fall somewhere in between. bles.’ ’’ The article points out what I Control Strategy Report, which is full Our bill allows the President to make think everyone, including the Presi- of information which is supposed to a ‘‘qualified certification’’ of countries dent of the United States, knows about justify the President’s decision, states which have cooperated with the United our border drug effort with Mexico: it that ‘‘to date, no major Mexican drug States, but have failed to make ade- simply has been a failure. traffickers have been extradited to the quate progress in certain areas. Coun- The article notes that despite the of- United States.’’ To this Senator, that tries which receive a designation of ficial rhetoric from Washington prais- is unacceptable. qualified certification would continue ing Mexico’s cooperation, U.S. law en- Mr. President, I realize that drug re- to be eligible for the full spectrum of forcement officials on the ground are lated violence has become an epidemic multilateral and bilateral assistance— saying that the joint U.S.-Mexico ef- in Mexico. The recent death of Amado they would not be penalized as they are fort to establish Bilateral Border Task Carillo Fuentes, the cartel kingpin if they are de-certified. Forces to combat the drug cartels has known as ‘‘the Lord of the Skies,’’ has Instead, qualified certification would been a disaster. I think the time has lead to increased violence as the other trigger the creation of a high-level con- come for Congress and the President to cartels work to realign themselves in tact group headed by the Attorney pay more attention to what our law en- an attempt to take over Carillo’s turf. General and consisting of the Sec- forcement officials at the front lines of In fact, recent reports are that two of retary of State, the heads of the DEA the drug war are saying about Mexico the largest remaining Mexican cartels and FBI, the Drug Czar and others. The and its level of cooperation. It’s clear (the Caro Quintero and Arellano Felix members of the contact group would be the views of law enforcement are far organizations) have joined together to tasked with meeting with their high different than those of the diplomats at form ‘‘The Federation’’—the largest ranking counterparts in other coun- the State Department and the embas- drug cartel in Mexico. This presents tries to set measurable goals relating sies. new and more difficult law enforce- to law enforcement matters like extra- According to the news article, for the ment questions for the United States dition, eradication, money laundering past 14 months, DEA, FBI and Customs and Mexico. or other appropriate counter-narcotics agents have refused to cross the border But until recently, I did not realize concerns. into Mexico because Mexico will not how deeply the drug cartels have be- The President then would consult allow them to carry weapons to protect come embedded in Mexican and even with the Attorney General and issue a themselves. These agents were sup- parts of U.S. popular culture. Then I report to Congress setting forth the posed to be the front line in the U.S. read a March story in the Washington goals established by the high-level con- contribution to the joint border effort, Post about ‘‘narcocorridos,’’ Mexican tact group and report back the follow- but Mexico’s unwillingness to allow folk ballads which tell stories about ing year on the progress made in meet- them even the most basic protections the violent exploits of drug smugglers. ing those goals. The President also has rendered our agreement to work Narcocorridos glamorize drug-related would be required to take a country’s together meaningless. shootouts with the police, betrayals, progress into consideration when mak- The news story also states that cor- paid executions and the wealth associ- ing the certification decision the fol- ruption has almost completely eroded ated with narcotics trafficking. There lowing year. the trust and confidence of U.S. offi- apparently are hundreds of music Mr. President, I have long believed cials in the integrity of Mexican law groups recording and singing these that law enforcement agencies are ca- enforcement. The report notes that at songs, which are wildly popular in Mex- pable of providing the most accurate least five senior Mexican officers in- ico and parts of southern California. picture of whether a country has fully volved in the Border Task Force pro- That is a disturbing comment on the cooperated with our anti-drug efforts. I gram have been arrested on suspicion power the drug cartels possess. also have felt that the certification of taking bribes from the drug cartels, Mr. President, I have not sought rec- statute is too rigid, too punitive and participating in the kidnaping of key ognition today simply to talk about fails to recognize the critical role U.S. witnesses or stealing confiscated co- Mexico’s shortcomings and what I be- law enforcement plays in our counter- caine. lieve are the flaws in the President’s narcotics strategy. I think this bill is a One former Mexican federal police certification decision. I realize that the step in the right direction, a step to- commander in charge of intelligence certification statute itself is flawed. wards fixing the certification process. I gathering for the Border Task Forces It’s too inflexible and is written in a thank my colleague from Texas. was fired last year for taking bribes way which leads to the absurd results from the cartels. U.S. and Mexican law we have seen with respect to Mexico in By Mr. KYL: March 12, 1998 CONGRESSIONAL RECORD — SENATE S1887 S. 1752. A bill to authorize the Sec- (5) The Payson Administrative Site, com- can issue ‘‘qualified zone academy retary of Agriculture to convey certain prising approximately 296.43 acres, as de- bonds.’’ The bonds generate a tax cred- administrative sites and use the pro- picted on the map entitled ‘‘Payson Ranger it, rather than interest, for the bond ceeds for the acquisition of office sites Station Administrative Site’’, dated May 1, 1997. holder, but can only be used to reha- and the acquisition, construction, or (6) The Sedona Administrative Site, com- bilitate existing schools, not construct improvement of offices and support prising approximately 21.41 acres, as depicted new facilities. Our bill allows the cred- buildings for the Coconino National on the map entitled ‘‘Sedona Ranger Station it for school construction, as well. Forest, Kaibab National Forest, Pres- Administrative Site’’, dated April 12, 1997. It revises the criteria to address high cott National Forest, and Tonto Na- (b) EXCHANGE ACQUISITIONS.—The Sec- retary may acquire land and existing or fu- growth areas and increase the number tional Forest in the State of Arizona; ture administrative improvements in ex- to the Committee on Energy and Natu- of schools who qualify. Under current change for a conveyance of an administra- law, only school districts with a pov- ral Resources. tive site under subsection (a). FOREST SERVICES LEGISLATION (c) APPLICABLE AUTHORITIES.—A sale or ex- erty rate of 35 percent or more (as MR. KYL. Mr. President, the U.S. change of an administrative site shall be measured by participation in the Forest Service is interested in ex- subject to the laws (including regulations) school lunch program) and can dem- changing or selling six unmanageable, applicable to the conveyance and acquisition onstrate public support by raising at of land for National Forest System purposes. least 10 percent of the bond amount undesirable and/or excess parcels of (d) CASH EQUALIZATION.—Notwithstanding land in the Prescott, Tonto, Kaibab any other provision of law, the Secretary from private individuals or companies and Coconino National Forests. If the may accept a cash equalization payment in could take advantage of the credit. parcels are sold, the Forest Service excess of 25 percent of the value of an admin- State education officials indicate wants to use the proceeds from five of istrative site in an exchange under sub- schools, particularly small districts these sales to either fund new con- section (a). who need federal assistance, have dif- (e) SOLICITATIONS OF OFFERS.—In carrying struction or upgrade current adminis- out this Act, the Secretary may— ficulty reaching the private support re- trative facilities at these national for- (1) use public or private solicitations of of- quirement. This bill deletes the private ests. Funds generated from the sale of fers for sale or exchange on such terms and support requirement of current law. the sixth parcel could be used to fund conditions as the Secretary may prescribe; To qualify to use the bonds, the bill acquisition of sites, or construction of and (2) reject any offer if the Secretary deter- requires schools to meet state aca- administrative facilities at any na- demic achievement standards and to tional forest in Arizona. Transfers of mines that the offer is not adequate or not in the public interest. have an average student-teacher ratio land completed under this bill will be SEC. 3. DISPOSITION OF FUNDS. of 28 to one. Clear student achievement done in accordance with all other ap- The proceeds of a sale or exchange under standards are essential to make plicable laws, including environmental section 2 shall be deposited in the fund estab- schools accountable for learning and laws. lished under Public Law 90–171 (16 U.S.C. Mr. President, this bill will enhance 484a) (commonly known as the ‘‘Sisk Act’’) many states are developing those customer and administrative services and shall be available for expenditure, until standards. California, for example, has by allowing the Forest Service to con- expended, for— adopted math and language content solidate and update facilities and/or re- (1) the acquisition of land and interests in standards. Research shows that smaller land for administrative sites; and locate facilities to more convenient lo- (2) the acquisition, construction, or im- classes improve learning and teaching cations. It offers a simple and common- provement of offices and support buildings and California is now implementing a sense way to enhance services for na- for the Coconino National Forest, Kaibab class size reduction program in grades tional forest users in Arizona, and to National Forest, Prescott National Forest, K–3. and Tonto National Forest. facilitate the disposal of unmanage- Under the bill, bonds may be used if able, undesirable and/or excess parcels SEC. 4. REVOCATIONS. (a) PUBLIC LAND ORDERS.—Notwithstand- school districts meet one of three cri- of national forest lands. teria: Mr. President, I ask unanimous con- ing any other provision of law, to facilitate the sale or exchange of the administrative sent that the text of the bill be printed The school is over 30 years old or the sites, public land orders withdrawing the ad- bonds will be used to install advanced in the RECORD. ministrative sites from all forms of appro- There being no objection, the bill was priation under the public land laws (includ- or improved telecommunications ordered to be printed in the RECORD, as ing the mining laws but not the mineral equipment; follows: leasing laws) are revoked for any portion of The student growth rate will be at S. 1752 the administrative sites conveyed by the least 10 percent over the nest 5 years; Secretary. Be it enacted by the Senate and House of Rep- and resentatives of the United States of America in (b) EFFECTIVE DATE.—The effective date of Congress assembled, a revocation made by this section shall be The construction or rehabilitation is SECTION 1. DEFINITIONS. the date of the patent or deed conveying the needed to meet natural disaster re- In this Act, the term ‘‘Secretary’’ means administrative site. quirements. the Secretary of Agriculture. The legislation focuses the tax credit SEC. 2. SALE OR EXCHANGE OF ADMINISTRATIVE By Mrs. FEINSTEIN: SITES. S. 1173. A bill to amend the Internal assistance on our most serious con- (a) IN GENERAL.—The Secretary, under Revenue Code of 1986 to encourage struction needs. In my State, for exam- such terms and conditions as the Secretary school construction and rehabilitation ple, 60 percent of our schools are over may prescribe, may sell or exchange any or through the creation of a new class of 30 years old and our schools must be all right, title, and interest of the United bond, and for other purposes; to the built to withstand earthquakes, floods, States in and to the following National For- Committee on Finance. est System administrative sites: El Nino and other natural disasters. (1) The Camp Verde Administrative Site, THE EXPAND AND REBUILD AMERICA’S SCHOOLS California’s State earthquake building comprising approximately 213.60 acres, as de- ACT OF 1998 standards can add 3 to 4 percent to con- picted on the map entitled ‘‘Camp Verde Ad- Mrs. FEINSTEIN. Mr. President, struction costs. ministrative Site’’, dated April 12, 1997. today I am introducing a bill to help (2) A portion of the Cave Creek Adminis- our public schools reduce overcrowd- The bond program will provide im- trative Site, comprising approximately 16 ing. The bill is the companion of H.R. portant assistance for school districts acres, as depicted on the map entitled ‘‘Cave 2695, a bill introduced by my California across America. Because the bonds pro- Creek Administrative Site’’, dated May 1, vide a tax credit to the bond holder, 1997. colleague, Representative LORETTA (3) The Fredonia Duplex Housing Site, SANCHEZ, a member of the House Edu- the bond is supported by the Federal comprising approximately 1.40 acres and the cation and Workforce Committee. treasury, not the local school district. Fredonia Dwelling Site, comprising approxi- THE LEGISLATION This helps small and low-income area mately 1.58 acres, as depicted on the map en- This legislation has several major school districts, because low-income titled ‘‘Fredonia Duplex Dwelling, Fredonia provisions: communities with the highest school Ranger Dwelling’’, dated August 28, 1997. (4) The Groom Creek Administrative Site, It provides a tax credit for the bond rehabilitation/construction needs may comprising approximately 7.88 acres, as de- holders of school construction bonds. have to pay the highest interest rates picted on the map entitled ‘‘Groom Creek Under the 1997 Taxpayer Relief Act, in order to issue the bonds, if they can Administrative Site’’, dated April 29, 1997. schools which meet specific criteria be issued at all. S1888 CONGRESSIONAL RECORD — SENATE March 12, 1998 SCHOOL ENROLLMENT IS SOARING structure, with wiring capable of meet- used. In addition to construction to re- Our public schools face a daunting ing today’s computer needs. However, lieve overcrowding in the Sanchez bill, challenge for the 21st century. This more than 60 percent of California’s under this bill bonds may be used to re- year, a record 52.2 million children will schools were built over 30 years ago. habilitate schools over 30 years old, im- attend America’s schools, a growth According to the General Accounting prove the communications infrastruc- trend that will continue, reaching Office, 87 percent of the public schools ture, make repairs following a natural more than 54 million by 2007. in California indicate they need to up- disaster and retrofit to meet potential Growth over the next decade will be grade and repair buildings. disasters. most severe at the secondary school The burden on local school districts (2) This bill does not include the re- level, with enrollment growth expected is overwhelming school districts and quirement of the Sanchez bill that at to grow by 1.7 million or more than 13 local taxpayers. As an example, in least 10 percent of the bond proceeds be percent. order to build it’s way out of over- raised from the private sector. I believe Nearly one-half of all states will ex- crowding, Oceanside School District in this would be a burdensome hurdle for perience a 15 percent growth in the San Diego, would need to build four el- most school districts. number of public high school graduates ementary schools, two middle schools, (3) Under H.R. 2695, bonds could be by 2007. and a high school at an estimated cost used only by school districts with 35 More than one-third of the nation’s of $110 to $140 million. percent or more of their students eligi- existing schools are currently over 50 In addition to these pressures, our ble for food stamps. Under this bill, or more years old and need to be re- state, commendably, is reducing class bonds would be available to any dis- paired or replaced. sizes in grades K through 3 because trict meeting the high growth, aging Unlike the previous baby boom, there smaller classes improve teaching and facilities, telecommunications or disas- will be no sharp decline in enrollment learning. We have the largest pupil- ter criteria. after 2007; enrollment will maintain a teacher ratios on the country and for- (4) Representative SANCHEZ’s bill al- stable level afterwards. Thus, school tunately, are beginning to address lows only financial institutions to districts face escalating long-term what is a most serious education prob- claim the tax benefit. Under this bill, needs. lem. But smaller classes mean more any taxpayer as a bond holder could Schools are costly. Modern schools classrooms. claim the credit. are a significant investment for even In short, California’s needs are im- I believe these changes strengthen the wealthiest of communities. Aver- mense and States and local commu- the bill and create more financing op- age elementary school construction nities need the federal partner. tions for school districts. costs are $6.3 million, while average IMPORTANT TO EDUCATION CONCLUSION high school construction costs exceed School overcrowding places a heavy Our Nation’s school districts face $15 million. School facilities can be burden on teachers and students. Stud- huge challenges as we move toward the well beyond the reach of many local ies show that the test scores of stu- 21st century, with a record 52.2 million communities. The federal government dents in schools in poor condition can children this year and a growing school should become a partner by providing fall as much as 11 percentage points be- population forecast well into the next targeted assistance for high growth hind scores of students in good build- century. The legislation proposes mod- areas. ings. Other studies show improvements est, targeted Federal support for school THE CALIFORNIA CHALLENGE of up to 20 percent in test scores when bonds in growth areas, offering impor- In California, construction needs are students move to a new facility. tant assistance to school districts, soaring. My state will have the na- Here are several examples of the toll teachers, parents and students. I ask tion’s largest enrollment increases of that crowding is taking in my State. unanimous consent to place the legisla- all states during the next ten years. At Horace Mann Year-round School tion and a legislative summary in the California’s 18.3 percent school en- in Oakland, increasing enrollment and RECORD. rollment rate will triple the U.S. rate class size reductions require some There being no objection, the mate- of 5.7 percent between 1996 and 2006. teachers and students to pack up and rial was ordered to be printed in the Each year between 160,000 and 190,000 move to a new classroom every month. RECORD, as follows: new students enter California class- At John Muir Elementary School in S. 1753 rooms. San Bruno, one class spent much of the Be it enacted by the Senate and House of Rep- California’s high school enrollment is year on the stage of the school’s multi- resentatives of the United States of America in projected to increase by 35.3 percent by purpose room as it waited for portables Congress assembled, 2007. Approximately 920,000 students to arrive. SECTION 1. SHORT TITLE. are expected to be admitted to schools Anaheim City School District has a This Act may be cited as the ‘‘Expand and in the State during that period, boost- 6% enrollment growth rate, double the Rebuild America’s Schools Act of 1998’’. ing total enrollment from 5.6 million to state average and recently approved SEC. 2. FINDINGS. 6.8 million. the purchase of 10 portable buildings, The Congress finds the following: California needs to build 12 new at a cost of $235,000 to relieve over- (1) Many States and school districts will need to build new schools to accommodate classrooms a day until 2001 just to keep crowding. increasing student enrollments; the Depart- up with the growth in student popu- This bill will concentrate tax bene- ment of Education has predicted that the lation. fits on high growth areas across the Nation will need 6,000 more schools by the The California Department of Fi- country and improve education. Teach- year 2006. nance forecasts that the State must ers and students must be free to con- (2) In response to reduced class mandates spend $22 billion on schools during the centrate on learning, yet school over- enforced by State governments and increased next decade to keep pace with growth crowding undermines the health and enrollment, many school districts have been and to modernize and repair schools morale of students and teachers, dis- forced to utilize temporary classrooms and rupting the education process. Over- other structures to accommodate increased that have been allowed to deteriorate. school populations, along with resorting to Based on growth forecasts, California crowded schools prevent both teachers year-round schedules for students. would need to add about 327 schools and students from reaching their full (3) Research has proven a direct correla- over the next three years just to keep potential. tion between the condition of school facili- pace with the projected growth. Yet DIFFERENCES FROM THE SANCHEZ BILL ties and student achievement. Recently, re- these phenomenal construction rates This legislation builds upon existing searchers found that the test scores of stu- would only maintain current use and law, as well as H.R. 2695, legislation dents assigned to schools in poor condition can be expected to fall 10.9 percentage points would not even begin to relieve current proposed by Representative LORETTA behind the test scores of students in build- overcrowding. SANCHEZ in the House. The legislation ings in excellent condition. Similar studies In addition to new facilities, existing differs from H.R. 2695 in the following have demonstrated up to a 20 percent im- education facilities need to be ren- respects: provement in test scores when students were ovated to meet today’s learning needs. (1) It expands the type of school con- moved from a school with poor facilities to a Today’s schools require a modern infra- struction for which the bonds can be new facility. March 12, 1998 CONGRESSIONAL RECORD — SENATE S1889 (4) While school construction and mainte- ‘‘(ii) certifies that it has the written ap- years and 10 years (as determined by the Sec- nance are primarily a State and local con- proval of the eligible local education agency retary of Education). cern, States and communities have not, on for such bond issuance, and ‘‘(B) SCHOOL ALLOCATION.—The limitation their own, met the increasing burden of pro- ‘‘(D) the term of each bond which is part of amount allocated to a State under the sub- viding acceptable school facilities, and the such issue does not exceed the maximum paragraph (A) shall be allocated by the Sec- poorest communities have had the greatest term permitted under section 1397E(d)(3). retary of Education to qualified schools difficulty meeting this need. ‘‘(3) QUALIFIED SCHOOL.— within such State. (5) Many local educational agencies have ‘‘(A) IN GENERAL.—The term ‘qualified ‘‘(3) DESIGNATION SUBJECT TO LIMITATION difficulties securing financing for school fa- school’ means any public school which is es- AMOUNT.—The maximum aggregate face cility construction and renovation, espe- tablished by and operated under the super- amount of bonds issued during any calendar cially in States that require a 2⁄3 majority of vision of an eligible local education agency year which may be designated under sub- voter approval for the passage of local bond to provide education or training below the section (d)(1) with respect to any qualified initiatives. postsecondary level if— school shall not exceed the limitation (6) The Federal Government, by providing ‘‘(i) such public school is designed to en- amount allocated to such school under para- interest subsidies and similar types of sup- hance the academic curriculum, increase graph (2)(B) for such calendar year. port, can lower the costs of State and local graduation and employment rates, and bet- ‘‘(4) CARRYOVER OF UNUSED LIMITATION.—If school infrastructure investment, creating ter prepare students for postsecondary edu- for any calendar year— an incentive for businesses to support local cation and the workforce, ‘‘(A) the limitation amount for any State, school infrastructure improvement efforts. ‘‘(ii) students in such public school will be exceeds (7) The United States competitive position subject to the academic achievement stand- ‘‘(B) the amount of bonds issued during within the world economy is vulnerable if ards and assessments established by the such year which are designated under sub- America’s future workforce continues to be State, section (d)(1) with respect to qualified educated in schools not equipped for the 21st ‘‘(iii) a program to alleviate overcrowding schools within such State, and to improve students’ education has been century. America must do everything in its the limitation amount for such State for the constructed, power to properly educate its people to com- following calendar year shall be increased by pete in the global marketplace. ‘‘(iv) the average student-teacher ratio for the school district in which such school is lo- the amount of such excess. SEC. 3. PURPOSE. cated as of the date of the issuance of the ‘‘(f) OTHER DEFINITIONS.—The definitions in The purpose of this Act is to help local bonds is at least 28 to 1, and subsections (d)(6) and (f) of section 1397E educational agencies bring all public school ‘‘(v) at least 1 of the following require- shall apply for purposes of this section. facilities up to an acceptable standard and ments is met: ‘‘(g) CREDIT INCLUDED IN GROSS INCOME.— build the additional classrooms needed to ‘‘(I) The proceeds from the issuance of the Gross income includes the amount of the educate the growing number of students who bonds will be used for new school construc- credit allowed to the taxpayer under this will enroll in the next decade. tion, the rehabilitation of school facilities section.’’ SEC. 4. CREDIT TO HOLDERS OF SCHOOL CON- which are more than 30 years old as of the (b) CONFORMING AMENDMENT.—The table of STRUCTION BONDS. date of such issuance, or the provision of ad- sections for subpart D of part IV of sub- (a) IN GENERAL.—Subpart D of part IV of vanced or improved communications infra- chapter A of chapter 1 of such Code is subchapter A of chapter 1 of the Internal structure. amended by adding at the end the following Revenue Code of 1986 (relating to business-re- ‘‘(II) There is a reasonable expectation (as new item: of the date of issuance of the bonds) that the lated credits) is amended by adding at the ‘‘Sec. 45D. Credit to holders of school con- end the following new section: student growth rate over the next 5 years for the school district in which such public struction bonds.’’ ‘‘SEC. 45D. CREDIT TO HOLDERS OF SCHOOL CON- STRUCTION BONDS. school is to be located will be at least 10 per- (c) EFFECTIVE DATE.—The amendments cent. made by this section shall apply to obliga- ‘‘(a) ALLOWANCE OF CREDIT.—In the case of ‘‘(III) Construction or rehabilitation ac- tions issued after December 31, 1998. a taxpayer who holds a school construction tivities are needed as the result of natural bond on the credit allowance date of such disasters or to mitigate the cost of potential FEINSTEIN LEGISLATION TO PROVIDE TAX bond which occurs during the taxable year, disasters. there shall be allowed as a credit against the CREDITS FOR SCHOOL CONSTRUCTION BONDs ‘‘(B) ELIGIBLE LOCAL EDUCATION AGENCY.— tax imposed by this chapter for such taxable The term ‘eligible local education agency’ PROPOSED LEGISLATION year the amount determined under sub- means any local educational agency as de- Provides a tax credit for school construc- section (b). fined in section 14101 of the Elementary and tion and rehabilitation bonds. Similar to the ‘‘(b) AMOUNT OF CREDIT.—The amount of Secondary Education Act of 1965. ‘‘Qualified Zone Academy Bonds’’ created by the credit determined under this subsection ‘‘(4) QUALIFIED PURPOSE.— the 1997 Taxpayer Relief Act, bondholders with respect to any school construction bond ‘‘(A) IN GENERAL.—The term ‘qualified pur- would receive a tax credit, rather than inter- is the amount equal to the product of— pose’ means, with respect to any qualified est. ‘‘(1) the credit rate determined by the Sec- school, constructing or rehabilitating a To qualify to use the bonds, schools must retary under section 1397E(b)(2) for the school facility. meet state academic achievement standards month in which such bond was issued, multi- ‘‘(B) SCHOOL FACILITY.—The term ‘school and have an average student-teacher ratio of plied by facility’ means a public structure suitable 28 to 1. ‘‘(2) the face amount of the bond held by for use as a classroom, laboratory, library, the taxpayer on the credit allowance date. Bonds may be used if school districts meet media center, or related facility whose pri- one of three criteria: ‘‘(c) LIMITATION BASED ON AMOUNT OF mary purpose is the instruction of public ele- (1) The school is over 30 years old or the TAX.—The credit allowed under subsection mentary or secondary students. Such term bonds are used to provide advanced or im- (a) for any taxable year shall not exceed the does not include an athletic stadium, or any proved telecommunications infrastructure; excess of— other structure or facility intended pri- (2) Student growth rate will be at least 10 ‘‘(1) the sum of the regular tax liability (as marily for athletic exhibitions, contests, percent over the next 5 years; defined in section 26(b)) plus the tax imposed games, or events for which admission is by section 55, over charged to the general public. (3) School construction or rehabilitation is ‘‘(2) the sum of the credits allowable under ‘‘(e) LIMITATION ON AMOUNT OF BONDS DES- needed to meet natural disaster require- this part (other than under this section and IGNATED.— ments. subpart C thereof, relating to refundable ‘‘(1) NATIONAL LIMITATION.—There is a na- Bond proceeds could be used for both new credits) and section 1397E. tional school construction bond limitation construction and rehabilitation of existing ‘‘(d) SCHOOL CONSTRUCTION BOND.—For pur- for each calendar year. Such limitation is school facilities, unlike the QZAB law, which poses of this section— $1,400,000,000 for 1999 and 2000, and, except for could be used only to rehabilitate existing ‘‘(1) IN GENERAL.—The term ‘school con- carryovers as provided under the rules appli- schools. struction bond’ means any bond issued as cable under paragraph (2), zero thereafter. Bonds could be used to rebuild following a part of an issue if— ‘‘(2) ALLOCATION OF LIMITATION.— natural disaster or mitigate the potential ‘‘(A) 95 percent or more of the proceeds of ‘‘(A) STATE ALLOCATION.—The national cost of future natural disasters. The school such issue are to be used for a qualified pur- school construction bond limitation for a bonds can help communities rebuild follow- pose with respect to a qualified school estab- calendar year shall be allocated by the Sec- ing a tornado or earthquake, as well as ret- lished by an eligible local education agency, retary among the States on the combined rofit buildings to reduce the potentially dev- ‘‘(B) the bond is issued by a State or local basis of the following factors: astating cost of future disasters. government within the jurisdiction of which ‘‘(i) The respective populations of individ- Any bond holder is eligible to claim the such school is located, uals below the poverty line (as defined by the credit. While only banks could claim the ‘‘(C) the issuer— Office of Management and Budget). QZAB bond tax credit, the new bond credit ‘‘(i) designates such bond for purposes of ‘‘(ii) The respective projected growth rates would be available to any purchaser, includ- this section, and in the number of students over the next 5 ing other businesses or private citizens. S1890 CONGRESSIONAL RECORD — SENATE March 12, 1998 EDUCATION BACKGROUND viduals who benefit from the Title VII reflecting the communities which they School overcrowding, the challenge for the and Title VIII programs, of the Public serve. 21st century: This year, a record 52.2 million Health Service Act. I rise today to in- However, more importantly, this bill children will attend America’s schools, ris- troduce the Health Professions Reau- represents an opportunity to improve ing to more than 54 million by 2007. Second- thorization Act of 1998 which funds the quality of, and access to, health ary school enrollment is expected to grow by 1.7 million, or 13%. those programs. For many years this care for millions of Americans. Why? A National Problem: Nearly one-half of all legislation has helped our nation’s It is the only measure to counter the states will experience a 15% growth in the schools of health to serve the health maldistributions caused by current number of public high school graduates by needs of their communities better and Graduate Medical Education programs 2007. to prepare the practitioners of the fu- and market forces. Patients in under- Facilities for Today’s Needs: More than 1⁄3 of the nation’s existing schools are at least ture. served areas depend on programs fund- 50 years old and need to be repaired or re- A critical component of the Title VII ed by this bill in order to receive their placed. The GAO reports fewer than half of and VIII programs has been the goal to health care. Training providers in the public schools have sufficient technology help students in need. These programs these areas greatly increases the likeli- infrastructure, including phone lines, and have often represented the assistance hood they will work in these areas wiring for networks. of last resort for many disadvantaged when they complete their education. Addressing a Long Term Need: Unlike the students seeking careers in health. I It is an example of our government’s previous ‘‘baby boom,’’ school enrollment is not expected to decline after 2007. Commu- believe several schools in Tennessee ability to act as a catalyst. Too often nities will face a long-term funding chal- tell this story well: in the East Ten- we, as legislators, are forced to step in lenge for school construction and rehabilita- nessee State University Schools of and micro manage such health care tion. Medicine, Nursing, Public and Allied issues as hospital lengths of stay in Health approximately 89% of their stu- order to preserve quality of care. By Mr. FRIST (for himself, Mr. dents are deemed disadvantaged by the I believe we are far better served to KENNEDY, Mr. JEFFORDS, Mr. Free Application for Federal Student develop programs that stimulate the BINGAMAN, Mr. COCHRAN, and Aid. Both East Tennessee State Uni- types of efforts which create innova- Mr. INOUYE): versity’s College of Nursing and the tive solutions for these problems, and S. 1754. A bill to amend the Public James Quillen College of Medicine are give practitioners/clinicians the tools Health Service Act to consolidate and featured in the ‘‘1998 Best Graduate necessary to make needed changes. reauthorize health professions and mi- Schools,’’ published by U.S. News and It fosters collaboration. Although nority and disadvantaged health pro- World Report. These schools were foundations are still being laid, the fessions and disadvantaged health edu- praised for their programs in rural many interest groups involved in this cation programs, and for other pur- medicine. I am extremely proud of bill are learning to work together. poses; to the Committee on Labor and these programs because they have been They have discovered that they do Human Resources. given national recognition for their have areas of common interest and Mr. FRIST. Mr. President, I rise to they are learning to build on those in- introduce the Health Professions Reau- mission which is to train primary centives. Within many institutions new thorization Act. First, I would like to health care professionals and to en- interdisciplinary programs are being tell you a story illustrating the impor- courage an interest in serving rural developed and this legislation further tance of this legislation, which strives areas. Equally important is this legisla- to increase the numbers of health prac- stimulates those activities. tion’s goal to fill the health care needs Finally, over time, this bill will titioners in rural, underserved areas, to of many underserved communities, streamline care and improve cost-effec- increase the number of underrep- often in rural or inner city areas. With tiveness. resented minorities and focus on pri- Although its costs are quite small mary care. My story is about a young the assistance of Title VIII programs, when compared to other health care man who dreamed of a career in medi- the Vanderbilt School of Nursing re- measures, we still see it as an oppor- cine. Keith Junior, grew up in Nash- ports that 72 percent of its 1997 grad- tunity to set an example of efficient, ville. During his high school years, he uating class is working in medically often visited the Meharry Medical Col- underserved areas. East Tennessee high quality care. Over the years, there have been many lege campus where he was warmly re- State University was also able to open successes among the more than 300 pro- ceived and encouraged by the health the first nurse-managed primary care care professionals and staff. Meharry’s clinic in rural Appalachia with pretty grams funded through this legislation. Health Careers Opportunity Program, impressive results: 7,663 primary care Thus, clarification of the goals and ob- (HCOP) helped him develop his aca- visits, 25% of which were preventive jectives of these programs is a priority. demic skills and supplement his under- services; 51% of the patients were cov- We had to find ways to function within graduate experiences, in a supportive ered by Tennessee’s Medicaid Program our budgetary constraints as well. environment with a rich history and (TennCare) and 16% of the patients In 1995, Senators KASSEBAUM, KEN- caring spirit. were uninsured; 54% of the visits were NEDY and I attempted to take the 44 After completing college, Mr. Junior care for children under the age of 18. programs involved and consolidate pursued an application to medical The examples from my medical col- them into 6 groups or clusters. Per- school. However, his undergraduate leagues in Tennessee are representa- formance outcomes were added. This grades and MCAT scores were consid- tive of the needs and results elsewhere approach was used to streamline the ered low. The HCOP program helped in the nation due to the Health Profes- granting process, and to allow HHS to him to improve those scores. Because sions Act, and I believe the revisions use budgetary factors: to leverage Meharry has a commitment to stu- made in this bill continue to strength- areas of development; and to align with dents who demonstrate a potential for en these programs and prepare us for community workforce needs. success which might be otherwise over- the next century. It also provided flexibility for strate- looked by other institutions he applied This bill reauthorizes the programs gic planning of the workforce supply, there, was accepted and graduated. funded through Titles VII and VIII of and insured a greater percentage of Dr. Junior recalls his experiences in the Public Health Service Act. They program dollars would go directly to the Meharry HCOP as invaluable in are intended: to improve the distribu- grantees versus federal administration. helping him to realize his dream of a tion of health professions workers to Further, the FY98 Appropriations bill career in medicine. He is now an inter- underserved areas; to strengthen the passed by the Senate, also clustered nist and Interim Director of the Mat- infrastructures of organizations which these programs. thew Walker Health Center in Nash- facilitate their training and perform- After the Act passed in the Senate in ville, Tennessee. More important, he ance; to improve accountability for 1996 but failed to pass in the House, I serves as a role model of success for federal dollars used in these processes; re-examined it to identify areas of dis- younger generations to emulate. and to improve the representation of agreement. Over the past year, I made Mr. President, this story illustrates minorities and disadvantaged individ- a concerted effort to overcome those the many real life successes for indi- uals in the health professions, better obstacles. Another hearing was held on March 12, 1998 CONGRESSIONAL RECORD — SENATE S1891 April 25, 1997 because I wanted to be support. I have heard from the Area and training programs, was drafted in con- sure that I listened to all parties and Health Education Centers, American sultation with all concerned parties, and that all possibilities for compromise Psychological Association, American that, Mr. Chairman, is appreciated.’’—Asso- were addressed. My staff has worked Mental Health Counselors, The Asso- ciation Of Schools Of Public Health. ‘‘We are pleased that Congress has contin- very hard to maintain that level of ciation of Minority Health Profession ued to appropriate adequate levels of funding input. We sought to involve the many Schools, The Working Group on His- for Title VII programs, but we know that constituency groups in the preparation panic Health-Education, American these programs are particularly vulnerable of this legislation. The 1998 Health Pro- Nurse Association, American Organiza- as long as the health professions training fessions Reauthorization Act accom- tion of Nurse Executives, The Amer- programs remain unauthorized. NASW be- plishes the goals passed by the Senate ican Geriatric Society, National Asso- lieves the proposed legislation will help in- last year in several ways: ciation of Geriatric Education Centers, crease access by minorities and disadvan- It still uses only 7 clusters, but has 15 and the National Association of Social taged people to graduate programs in behav- ioral and mental health practice, including lines of authority as well. This ap- Workers. Mr. President, I ask unani- social work.’’—National Association Of So- proach, while more complex is also mous consent that a list of organiza- cial Workers. more reflective of both existing and po- tions supporting this legislation and ‘‘This legislation would make graduate tential alliances. It gives security their comments, be included in the students in mental health counseling pro- about funding to groups within these RECORD. Mr. President, I especially grams eligible to receive National Institute clusters, and in turn, allows them to thank Dr. Debra Nichols and Dr. Mary of Mental Health (NIMH) training grants. plan longer range. Moseley of my staff for their dedica- The bill allows for mental health counselors Flexibility is built into the bill over to serve in designated underserved health tion and hard work toward the reau- professional areas.’’—American Mental time. As funding lines change, the Sec- thorization of these programs. Health Counselors Association. retary’s authority to move funds Mr. President, this bill encourages ‘‘Your legislation will accomplish a much across program lines increases. Thus, collaboration without forcing it. It cre- needed streamlining and updating of current programs can grow into the cluster ates new partnerships while supporting federal programs in this area. Its enactment concept. This revision will better re- existing ones. It fosters new opportuni- will reaffirm the importance of federal flect the constantly changing ties for change. It represents the best health professional education and training healthcare needs of communities and example of team work among interest support programs in the effort to make sure more rapidly changing health care de- that all Americans have access to the health groups, agencies and legislators. The care services.’’—American Counseling Asso- livery system. 1998 Health Professions Reauthoriza- ciation. Since so much of the Act’s flexibility tion Act will prepare underserved areas ‘‘The bill provides for a structure that will is based on the discretion of the Sec- to meet the future. permit a comprehensive, flexible, and effec- retary, we have added advisory coun- Mr. President, I ask unanimous con- tive approach to federal support for nursing cils to insure that the view points of sent that the bill be printed in the workforce development. It is a pleasure to those on the front lines are heard. This RECORD. endorse this bill.’’—American Nurses Asso- will restore confidence among the There being no objection, the items ciation. ‘‘This legislation is of critical importance grantees and encourage positive col- were ordered to be printed in the laboration between agency officers and in ensuring a federal role in nursing edu- RECORD, as follows: cation and this bill will foster programs to the programs they manage. In addi- (The bill was not available at time of prepare nurses to meet the healthcare sys- tion, these councils will report back to printing.) tem’s need for nursing professionals to: ad- Congress to assure oversight of these LETTERS OF SUPPORT dress sicker patients in tertiary care sites; programs. ‘‘We are especially appreciative of having deal with life expectancy for people with To encourage independence from fed- had the opportunity in April 1997 to testify chronic conditions; and care for the complex eral funding, matching requirements before your subcommittee. Thus seeing the health care needs of an increasingly elderly for non-federal funds are required nation’s 43 Geriatric Education Centers population.’’—American Organization of wherever appropriate. Federal dollars (GECs) in this bill (as Sec. 753 within a Nurse Executives. provide the seed money necessary for grouping of ‘‘interdisciplinary, Community Mr. KENNEDY. Mr. President, I com- many health clinics to get on their Based Linkages’’) is indeed gratifying, as mend Senator FRIST, Senator BINGA- feet, and in turn secure other financing this signifies your commitment to better MAN, and Senator JEFFORDS for their health care for older Americans.’’—National mechanisms. leadership on the bill we are introduc- Association of Geriatric Education Centers. ing today to reauthorize the health Programs which attempt to resolve ‘‘It is our pleasure to write in support of cultural barriers, especially those re- your legislation reauthorizing federal health professions and nursing training and lated to language, are restored. professions training programs. We believe education programs—Titles VII and Community-based organizations are that our institutions, and our students who VIII of the Public Health Service Act. empowered so that the patient’s voice become health professionals, will be able to This bill is a bipartisan effort to revise can be heard. help solve the national crisis of dispropor- and strengthen these education and Geriatric initiatives have been tionately low health status among minori- training programs and achieve a more strengthened and expanded to train ties.’’—The Association of Minority Health effective workforce to meet the health health care personnel as we promote Professions Schools. needs of the nation. ‘‘. . . the Working Group on Hispanic and integrate geriatrics into American Health Education has worked in partnership The ongoing national debate on medicine. Today there are 33 million with your office on this Health Professions health care has focused largely on the older Americans, and by 2030 it is ex- Bill. Moreover, we have worked with the problems of access, cost and quality. pected that the elderly population will Congressional Hispanic Caucus, the Associa- These issues, however, cannot be ad- reach 66 million strong, when 1 of every tion of Minority Health Professions Schools, dressed without also dealing with the 5 Americans will be 65 years of age or the Office of Minority Health, and HRSA Bu- need to train qualified health provid- older. reau of Health Professions in development of ers. No insurance policy can assure Mr. President, I am proud of our the Bill to amend the Public Health Service good health care without good doctors, Act to consolidate and reauthorize health work. In fact, I would like to take this professions and minority and disadvantaged nurses and other health professionals. opportunity to specifically thank, Sen- health education programs.’’—Working No system of quality improvement, no ators KENNEDY, JEFFORDS, BINGAMAN, Group on Hispanic Health—Education. matter how sophisticated, can assure Representative BECERRA, the Hispanic ‘‘I certainly want to thank you for the good care for hospital patients if there Caucus and all their staffs for their ef- careful work and the relevant content of are not good doctors and nurses at the forts to work with us on this bill. I your draft Bill. Your staff carefully consid- bedside. Too often, inadequate priority would also like to thank the interest ered each of the issues of importance to the is given to the workforce which staffs groups which gave so generously of Area Health Education Centers across the our health care system. nation, the 36 programs supporting 157 com- their time and support to help us ad- munity based centers.’’—Kentucky Area As we know, that system is under- dress the issues involved. In particular, Health Education Center (AHEC) Program. going rapid and dramatic change. I would like to mention several organi- ‘‘Your bill, which proposes to continue sup- Today, nearly 60 percent of Americans zations which have sent me letters of port for HRSA’s health professions education receive their care through managed S1892 CONGRESSIONAL RECORD — SENATE March 12, 1998 care arrangements. More and more, seek to reauthorize in this legislation Finally, the legislation will provide health care is moving out of hospitals are designed to respond to each these new flexibility in targeting resources and into out-patient or community- concerns. to meet the current and emerging based settings. Fewer people are being The bill reauthorizes programs which needs of the nursing workforce. The admitted to hospitals and hospital provide educational opportunities in emphasis is on meeting the needs of stays are becoming shorter. It is essen- the health professions for individuals the underserved. Nurse anesthetists, tial for the health workforce to adapt from minority and disadvantaged back- clinical nurse specialists, nurse practi- to these changes. New graduates of grounds. This strategy has been effec- tioners, and certified nurse midwives health professions schools and practic- tive in increasing the availability and play a vital role in providing quality ing health providers need the right accessibility of health care providers care to medically underserved and skills to provide effective patient care. to populations who have difficulty ob- rural communities, and they deserve In addition to these issues, the taining adeaquate health care, espe- our support. health care system continues to face cially those from low-income and mi- As the health care system continues by nationwide shortages of certain nority populations. Historically black to change, so too must the federal pro- health personnel, serious georgraphical colleges and universities have been grams intended to assure that America imbalances in the types of health pro- particularly successful in this effort, has an appropriate health care work- fessionals, and under-representation of training more than 50 percent of the force to staff the health care delivery providers from minority and disadvan- nation’s African American physicians, system. These programs are overdue taged backgrounds. dentists, and pharmacists. Our bill will for consolidation and better targeting. Many types of health professionals continue to support these basic efforts. The bill we are introducing will con- are in short supply, including geriatri- It will also strengthen opportunities solidate more than 40 health profes- cians, pediatric dentists, and allied for Hispanic-serving institutions and sions programs into 7 broader authori- health, public health, and behavioral institutions with high rates of enroll- ties more directly focused on key and mental health professionals. Short- ment of Native Americans. goals. This greater flexibility will en- ages of physicians persist in inner-city In addition, the bill will provide con- able programs to respond more quickly and rural areas, leaving many Ameri- tinued support for primary care prac- to emerging workforce issues in our cans unserved or underserved. tice through ambulatory care training, changing health care system. Specific Since 1986, the number of federally curriculum improvement, faculty de- workforce goals will be established and designated shortage areas for primary velopment, data analysis and quality outcomes measured, in order to achieve care health professionals has climbed assurance. Among physicians, this sup- accountability for the funds invested in by 40 percent—from 1,944 to 2,597. The port will address the continued imbal- these programs. Health Resources and Services Admin- ance between primary care physicians The health professions and nursing istration estimates that over 26 million and specialists. It recognizes the education programs under the Public underserved persons live in these areas unique gaps general internists, general Health Service Act are the key mecha- and that, at a minimum, 5,200 addi- pediatricians, and family physicians nisms of the federal government has to tional general practitioners are needed fill in meeting the needs of the under- meet national priorities for the na- to eliminate these shortage areas. served. In other instances, funding will tion’s health care workforce. The bi- In addition, most experts agree that be used to improve the supply of other partisan sponsors of this bill have there is an imbalance between primary disciplines suffering shortages, such as worked closely with the Administra- care physicians and specialists. In 1931, pediatric dentists. tion, the health professions education about 87 percent of U.S. physicians The bill reauthorizes model commu- and practice community, and other were practicing primary care, com- nity-based, interdisciplinary programs groups to achieve these goals respon- pared to 33 percent in 1996. The Council to train individuals for practice in un- sibly and to maintain adequate re- on Graduate Medical Education rec- derserved settings, including remote sources. We have worked to advance ommends that the physician workforce and border areas. These programs en- the central goal of these two important should consist of 50 percent generalists courage active partnerships between titles of the Public Health Service and 50 percent specialists. The persist- community-based programs and medi- Act—to train a health care workforce ent current imbalance contributes to cal schools, nursing schools, and other that can meet the needs of the Amer- problems of access and cost in our health profession schools in their effort ican people, and I look forward to the health care system. Primary care prac- to provide greater educational opportu- enactment of this necessary legisla- titioners are more likely to locate in nities to students, faculty, and practi- tion. underserved areas and help underserved tioners in community-based settings to Mr. JEFFORDS. Mr. President, populations, and they tend to provide improve the delivery of health care. today, I am pleased to announce my co- care in a more comprehensive, appro- Doctors, nurses, and other health sponsorship of ‘‘The Health Professions priate, and cost-effective manner than professionals can be trained together in Education Partnerships Act of 1998.’’ specialists. teams in the community to address the My colleague Senator FRIST, the Chair Across the nation, African Ameri- needs of the medically underserved. In of the Labor and Human Resources cans, Hispanic Americans, and Native this way, their training is more in step Committee’s Subcommittee on Public Americans are seriously underrep- with what they will encounter in the Health and Safety, has drafted this leg- resented in the health professions practice world while meeting critical islation reauthorizing the important workforce. Their underrepresentation needs in the community. These pro- programs contained in Titles VII and has reduced access to care among many grams include the area health edu- VIII of the Public Health Service Act. of the nation’s neediest citizens. Afri- cation centers, geriatric education cen- This legislation provides comprehen- can Americans represent approxi- ters, the rural interdisciplinary train- sive, flexible, and effective authority mately 12 percent of the U.S. popu- ing, and allied health training. for the support of health professions lation, but only 2–3 percent of the na- The bill also recognizes the increase training programs and the related com- tion’s health professions workforce. in the elderly population and estab- munity-based educational partner- Hispanics make up nine percent of the lishes a new junior geriatric faculty ships. The enactment of this Act will population but represent only 5 percent fellowship program. This program will improve health workforce quality, di- of physicians, and 3 percent of dentists help to address the large shortage in versity, and the distribution of funds and pharmacists. This underrepresen- geriatric faculty members. Without an while requiring greater accountability tation is of particular concern because appropriate supply of teachers in geri- of both the grant recipients of federal studies show that minority health care atrics, we cannot seriously address the funds and the agency that administers providers are more likely to locate in issue of the geriatrician shortage. I them. underserved communities and provide want to commend Senator FRIST and Titles VII and VIII of the Public health services to needy populations. the Administration for working closely Health Service Act have provided pro- The health professions and nursing with us and with the academic commu- grams of support to health professions training and education programs we nity on this issue. schools and their students, for the past March 12, 1998 CONGRESSIONAL RECORD — SENATE S1893 thirty-five years. As these programs health professional shortage areas by tribution, and minority representation have evolved, there has been a continu- the federal government. I am acutely of health professionals through both ing need to address the specific con- aware of how a maldistribution of Native American and Hispanic centers cerns of rural and inner-city commu- health care providers can impact our of excellence. I have been committed to nities that experience shortages of citizens. Geographic access to the ap- seeing the needs of these two popu- health professionals and a lack of pri- propriate health care provider is an im- lations addressed. I commend Senators mary care providers. This reauthoriza- portant factor in our debates on the FRIST and KENNEDY for their hard work tion will allow the Title VII and VIII health care system. Titles VII and VIII and the work of their staff to address programs to set improved goals and are noteworthy avenues to address the the various concerns raised during our outcomes measures and it also provides needs in this area. Studies have shown hearings on this important issue. I ap- them with greater flexibility in estab- that if we recruit individuals from the preciate the work done by the Hispanic lishing priorities to target emerging shortage area, the likelihood is much caucus in the House and by the minor- workforce issues. greater that they will return to prac- ity health profession schools as well. In my own State of Vermont, the stu- tice in the area. Additionally, if clini- Mr. President, in closing I want to dents of the University of Vermont’s cal training is community based in thank Senators FRIST and KENNEDY College of Medicine have benefited rural and underserved areas, the likeli- and JEFFORDS for their determination from a number of these programs and hood is also increased that upon grad- to address the need to reauthorize Title scholarships, including those relating uation, the provider will serve in the VII and VIII of the Public Health Serv- to family medicine, professional nurse locality in which they trained. ice Act. I appreciate that they have and nurse practitioner training. Equally important for a state such as worked closely with our colleagues in The newest Title VII program in Ver- mine is the commitment to address the the House to develop companion legis- mont is the Area Health Education persistent and unmet health care need lation. I am committed to working Center (AHEC) which opened its first along the border between the United with my colleagues toward expeditious site in April 1997 in the Northeast States and Mexico. The health edu- consideration and passage of this bill. Kingdom of Vermont. The AHEC will cation and training centers in the leg- decentralize health professions edu- islation address the community health f cation by having portions of the train- needs and the training and educational ing provided in primary medical per- needs of health professionals serving in ADDITIONAL COSPONSORS sonnel shortage areas and by improv- these areas. The legislation also has S. 10 ing the coordination and use of exist- the capacity to expand and improve the ing health resources. Over the next two public health workforce which is a At the request of Mr. THOMAS, his years, two additional sites are planned major component of addressing border name was withdrawn as a cosponsor of in other underserved areas of the state. health concerns. S. 10, a bill to reduce violent juvenile These efforts have contributed to mak- Mr. President, this legislation re- crime, promote accountability by juve- ing Vermont a better place to obtain structures the act to address the nile criminals, punish and deter violent health care services and improved the health workforce needs of our nation in gang crime, and for other purposes. quality of life for its residents. a flexible, but more accountable man- S. 230 Again, I want to thank Senator FRIST ner. We have provided for data collec- At the request of Mr. THURMOND, the and his excellent staff for their dedica- tion and analysis of the health work- name of the Senator from Indiana (Mr. tion and hard work in drafting the force so that decision making for the COATS) was added as a cosponsor of S. ‘‘Health Professions Education Part- future can be well founded and be an 230, a bill to amend section 1951 of title nership Act of 1998.’’ Enactment of this accurate reflection of societal needs. 18, United States Code (commonly legislation will improve health profes- known as the Hobbs Act), and for other sions training programs across Amer- Additionally, this legislation affords us purposes. ica and, as the Chair of the Labor and the opportunity to provide education Human Resources Committee, I intend and training that reflect changes in an S. 1194 to make its passage one of our highest evolving health care system. As man- At the request of Mr. HATCH, his priorities. aged care and other forces shift the de- name was withdrawn as a cosponsor of Mr. BINGAMAN. Mr. President, I rise livery system from inpatient hospital S. 1194, a bill to amend title XVIII of today to join Senators FRIST and KEN- care to outpatient facilities, it is nec- the Social Security Act to clarify the NEDY and JEFFORDS in the introduction essary to respond to the shifts that this right of medicare beneficiaries to enter of legislation to reauthorize Titles VII causes in the workforce. To this end, into private contracts with physicians and VIII of the Public Health Service the legislation addresses the curricu- and other health care professionals for Act. I am pleased to be part of this bi- lum development in the areas of health the provision of health services for partisan effort to reauthorize the pro- promotion and disease prevention as which no payment is sought under the grams that help shape the pool of well as long term care, home health medicare program. qualified health care professionals for and hospice. S. 1215 As the demographics of our popu- the United States. At the request of Mr. ASHCROFT, the lation shift to an older population, we Titles VII and VIII were originally name of the Senator from Nebraska must ensure we have qualified individ- enacted to address a critical health (Mr. HAGEL) was added as a cosponsor uals to treat the specific nature of manpower shortage and successfully of S. 1215, a bill to prohibit spending chronic diseases associated with geri- served to increase the overall supply of Federal education funds on national atrics. As we deal with an aging popu- providers. The mission of Title VII and testing. VIII has evolved as the delivery system lation, establishing interdisciplinary S. 1325 and needs of the population have shift- training programs that promote the ed. Today, the focus of the various pro- role of nutritionists, physical thera- At the request of Mr. FRIST, the grams rests within three main areas. pists, occupational therapists and names of the Senator from Pennsyl- The programs are aimed to solve the speech therapists in geriatrics are crit- vania (Mr. SANTORUM), the Senator shortages in rural and inner city com- ical. The legislation provides an ave- from Michigan (Mr. LEVIN), and the munities. They strive to address the nue to address these necessary compo- Senator from Massachusetts (Mr. shortage of primary care providers and nents. KERRY) were added as cosponsors of S. finally must correct the disparity in Finally, the reauthorization provides 1325, a bill to authorize appropriations minority representation in the health a framework to better monitor the out- for the Technology Administration of professions. Indeed, the various pro- comes of our efforts. It continues to af- the Department of Commerce for fiscal grams in this legislation serve to pro- ford us the opportunity to assure an years 1998 and 1999, and for other pur- vide a base for strengthening the appropriate number and mix of health poses. health resources for this country. professionals for the health needs of S. 1421 In my home state of New Mexico, 28 the country. It strengthens our com- At the request of Mr. KENNEDY, the out of 33 counties are designated as mitment to address the supply, dis- name of the Senator from New York S1894 CONGRESSIONAL RECORD — SENATE March 12, 1998

(Mr. D’AMATO) was added as a cospon- S. 1723 SENATE RESOLUTION 189 sor of S. 1421, a bill to amend the Pub- At the request of Mr. ABRAHAM, the At the request of Mr. TORRICELLI, the lic Health Service Act to provide addi- name of the Senator from Kansas (Mr. names of the Senator from Maryland tional support for and to expand clini- BROWNBACK) was added as a cosponsor (Ms. MIKULSKI) and the Senator from cal research programs, and for other of S. 1723, a bill to amend the Immigra- Virginia (Mr. WARNER) were added as purposes. tion and Nationality Act to assist the cosponsors of Senate Resolution 189, a S. 1464 United States to remain competitive resolution honoring the 150th anniver- At the request of Mr. HATCH, the by increasing the access of the United sary of the United States Women’s name of the Senator from Mississippi States firms and institutions of higher Rights Movement that was initiated by (Mr. COCHRAN) was added as a cospon- education to skilled personnel and by the 1848 Women’s Rights Convention sor of S. 1464, a bill to amend the Inter- expanding educational and training op- held in Seneca Falls, New York, and nal Revenue Code of 1986 to perma- portunities for American students and calling for a national celebration of nently extend the research credit, and workers. women’s rights in 1998. for other purposes. S. 1737 AMENDMENT NO. 1375 S. 1504 At the request of Mr. MACK, the name At the request of Mr. LEVIN the name At the request of Mr. GRAHAM, the of the Senator from Minnesota (Mr. of the Senator from Minnesota (Mr. names of the Senator from Massachu- GRAMS) was added as a cosponsor of S. WELLSTONE) was added as a cosponsor setts (Mr. KERRY), and the Senator 1737, a bill to amend the Internal Reve- of amendment No. 1375 proposed to S. from California (Mrs. FEINSTEIN) were nue Code of 1986 to provide a uniform 1173, a bill to authorize funds for con- added as cosponsors of S. 1504, a bill to application of the confidentiality privi- struction of highways, for highway adjust the immigration status of cer- lege to taxpayer communications with safety programs, and for mass transit tain Haitian nationals who were pro- federally authorized practitioners. programs, and for other purposes. AMENDMENT NO. 1726 vided refuge in the United States. SENATE JOINT RESOLUTION 3 S. 1563 At the request of Mr. WARNER his At the request of Mr. THURMOND, the At the request of Mr. SMITH, the name of the Senator from Alabama name was added as a cosponsor of amendment No. 1726 proposed to S. name of the Senator from Idaho (Mr. (Mr. SHELBY) was added as a cosponsor KEMPTHORNE) was added as a cosponsor of Senate Joint Resolution 3, a joint 1173, a bill to authorize funds for con- of S. 1563, a bill to amend the Immigra- resolution proposing an amendment to struction of highways, for highway tion and Nationality Act to establish a the Constitution of the United States safety programs, and for mass transit 24-month pilot program permitting cer- relating to voluntary school prayer. programs, and for other purposes. tain aliens to be admitted into the AMENDMENT NO. 1906 SENATE CONCURRENT RESOLUTION 73 United States to provide temporary or At the request of Mr. MACK the seasonal agricultural services pursuant At the request of Mr. GRASSLEY, the names of the Senator from Florida (Mr. name of the Senator from Idaho (Mr. to a labor condition attestation. GRAHAM) and the Senator from Arizona CRAIG) was added as a cosponsor of S. 1605 (Mr. KYL) were added as cosponsors of Senate Concurrent Resolution 73, a At the request of Mr. WARNER, his amendment No. 1906 proposed to S. concurrent resolution expressing the name was added as a cosponsor of S. 1173, a bill to authorize funds for con- sense of Congress that the European 1605, a bill to establish a matching struction of highways, for highway Union is unfairly restricting the impor- grant program to help States, units of safety programs, and for mass transit tation of United States agriculture local government, and Indian tribes to programs, and for other purposes. products and the elimination of such purchase armor vests for use by law en- f restrictions should be a top priority in forcement officers. trade negotiations with the European AMENDMENTS SUBMITTED S. 1621 Union. At the request of Mr. GRAMS, the SENATE CONCURRENT RESOLUTION 78 name of the Senator from South Da- THE INTERMODAL SURFACE kota (Mr. DASCHLE) was added as a co- At the request of Mr. DASCHLE, his TRANSPORTATION EFFICIENCY sponsor of S. 1621, a bill to provide that name was added as a cosponsor of Sen- ACT OF 1997 certain Federal property shall be made ate Concurrent Resolution 78, a concur- available to States for State use before rent resolution relating to the indict- being made available to other entities, ment and prosecution of Saddam Hus- THURMOND (AND OTHERS) and for other purposes. sein for war crimes and other crimes AMENDMENT NO. 1987 against humanity. S. 1673 (Ordered to lie on the table.) At the request of Mr. HUTCHINSON, At the request of Mr. KERRY, his Mr. THURMOND (for himself, Mr. the names of the Senator from Arizona name was added as a cosponsor of Sen- GRAHAM, Mr. MACK, and Mr. BUMPERS) (Mr. MCCAIN), the Senator from Wash- ate Concurrent Resolution 78, supra. submitted an amendment intended to ington (Mr. GORTON), and the Senator At the request of Mr. MOYNIHAN, his be proposed by them to amendment No. from Maine (Ms. COLLINS) were added name was added as a cosponsor of Sen- 1676 proposed by Mr. CHAFEE to the bill as cosponsors of S. 1673, a bill to termi- ate Concurrent Resolution 78, supra. (S. 1173) to authorize funds for con- nate the Internal Revenue Code of 1986. SENATE RESOLUTION 99 struction of highways, for highway S. 1682 At the request of Mr. DASCHLE, the safety programs, and for mass transit At the request of Mr. D’AMATO, the name of the Senator from North Da- programs, and for other purposes; as names of the Senator from California kota (Mr. CONRAD) was added as a co- follows: (Mrs. FEINSTEIN), the Senator from Ari- sponsor of Senate Resolution 99, a reso- At the appropriate place, add the follow- zona (Mr. KYL), and the Senator from lution to encourage consumers to con- ing: Iowa (Mr. GRASSLEY) were added as co- sult with their pharmacists in connec- (d) CONTINUATION OF OPERATING ASSIST- sponsors of S. 1682, a bill to amend the tion with the purchase and use of over- ANCE TO CERTAIN LARGER URBANIZED the-counter drug products. AREAS.— Internal Revenue Code of 1986 to repeal (1) PROVISION OF ASSISTANCE.—Notwith- joint and several liability of spouses on SENATE RESOLUTION 187 standing any other provision of law, during joint returns of Federal income tax, At the request of Mr. MACK, the the period described in paragraph (2), the and for other purposes. names of the Senator from Illinois (Mr. Secretary of Transportation may continue to S. 1692 DURBIN) and the Senator from Illinois provide assistance under section 5307 of title At the request of Mr. NICKLES, the (Ms. MOSELEY-BRAUN) were added as 49, United States Code, to finance the operat- name of the Senator from Louisiana cosponsors of Senate Resolution 187, a ing costs of equipment and facilities for use in mass transportation in any urbanized area (Mr. BREAUX) was added as a cosponsor resolution expressing the sense of the (as that term is defined in section 5302 of of S. 1692, a bill to amend the Internal Senate regarding the human rights sit- title 49, United States Code) with a popu- Revenue Code of 1986 to provide soft- uation in the People’s Republic of lation of not fewer than 200,000, if the Sec- ware trade secrets protection. China. retary determines that— March 12, 1998 CONGRESSIONAL RECORD — SENATE S1895 (A) the number of the total bus revenue ve- retary of Transportation and shall be ex- tion of local elected officials in transpor- hicle-miles operated in or directly serving pended for State recreational boating safety tation planning and programming. the area is less than 600,000; and programs under section 13106(a)(1) of title 46, (b) REPORT.—Not later than 3 years after (B) the number of buses operated in or di- United States Code. the date of enactment of this Act, the Sec- rectly serving the area does not exceed 15. On page 162, line 7, strike ‘‘(C)’’ and insert retary shall submit to the Committee on En- (2) PERIOD DESCRIBED.—For purposes of ‘‘(B)’’. vironment and Public Works of the Senate paragraph (1), the period described in this On page 162, line 11, strike ‘‘(C))’’ and in- and the Committee on Transportation and paragraph is the period beginning on the sert ‘‘(B))’’. Infrastructure of the House of Representa- date of enactment of this Act and ending on On page 163, strike lines 24 and 25. tives a report describing the results of the the earlier of— On page 164, line 24, strike ‘‘4(b)’’ and in- study required under subsection (a). (A) 3 years after the date of enactment of sert ‘‘4(b)(2)’’. this Act; and (B) the date on which the Secretary deter- SMITH AMENDMENT NO. 1991 GRAMM (AND OTHERS) mines that— (i) the number of the total bus revenue ve- (Ordered to lie on the table.) AMENDMENT NO. 1993 hicle-miles operated in or directly serving Mr. SMITH of New Hampshire sub- (Ordered to lie on the table.) the area is greater than or equal to 600,000; mitted an amendment intended to be Mr. GRAMM (for himself, Mrs. and proposed by him to amendment No. HUTCHINSON, and Mr. ABRAHAM) sub- (ii) the number of buses operated in or di- 1676 proposed by Mr. CHAFEE to the bill, mitted an amendment intended to be rectly serving the area exceeds 15. S. 1173, supra; as follows: proposed by them to amendment No. At the appropriate place, insert the follow- 1676 proposed by Mr. CHAFEE to the bill, BAUCUS (AND CHAFEE) ing new section: S. 1173 supra; as follows: AMENDMENT NO. 1988 SEC. . ACCESS OF MOTORCYCLES. AMENDMENT NO. 1993 (Ordered to lie on the table.) ‘‘(a) ACCESS OF MOTORCYCLES.—No State or Strike pages 98 and 99 and insert the fol- Mr. BAUCUS (for himself and Mr. political subdivision of a State may restrict lowing: CHAFEE) submitted an amendment in- the access of motorcycles to any highway or (2) SELECTION OF STATES, METROPOLITAN tended to be proposed by them to portion of a highway for which Federal-aid PLANNING ORGANIZATIONS, AND PROJECTS TO highway funds have been utilized for plan- amendment No. 1676 by Mr. CHAFEE to RECEIVE GRANTS.—In selecting States, metro- ning, design, construction, or maintenance. the bill, S. 1173, supra; as follows: politan planning organizations, and projects to receive grants under this subsection, the On page 77, line 20, strike ‘‘and II’’ and in- LEVIN (AND WELLSTONE) Secretary shall consider— sert ‘‘, II, and V’’. AMENDMENT NO. 1992 (A) the extent to which the annual volume of commercial vehicle traffic at the border McCAIN AMENDMENTS NOS. 1989– (Ordered to lie on the table.) stations or ports of entry of each State— 1990 Mr. LEVIN (for himself and Mr. (i) has increased since the date of enact- WELLSTONE) submitted an amendment (Ordered to lie on the table.) ment of the North American Free Trade intended to be proposed by them to Agreement Implementation Act (Public Law Mr. MCCAIN submitted two amend- amendment No. 1676 proposed by Mr. 103–182); and ments intended to be proposed by him CHAFEE to the bill, S. 1173, supra; as (ii) is projected to increase in the future; to amendment No. 1676 proposed by Mr. follows: (B) the extent to which commercial vehicle CHAFEE to the bill, S. 1173, supra; as traffic in each State— follows: AMENDMENT NO. 1992 (i) has increased since the date of enact- On page 125, lines 5 and 6, strike ‘‘not less ment of the North American Free Trade AMENDMENT NO. 1989 than 15 percent’’ and insert ‘‘not less than 25 Agreement Implementation Act (Public Law On page 154, line 6, strike ‘‘1998;’’ and in- percent, nor more than 35 percent,’’. 103–182); and sert ‘‘1999;’’. On page 156, strike lines 21 through 23 and (ii) is projected to increase in the future; On page 154, line 7, strike ‘‘1999;’’ and in- insert the following: (C) the extent of border transportation im- sert ‘‘2000;’’. (B) in paragraph (3)— provements carried out by each State since On page 154, line 8, strike ‘‘2000;’’ and in- (i) in the first sentence of subparagraph the date of enactment of that Act; sert ‘‘2001;’’. (A), by striking ‘‘80’’ and inserting ‘‘82’’; and (D) the extent to which international On page 154, line 9, strike ‘‘2001;’’ and in- (ii) in subparagraph (B)— truck-borne commodities move through each sert ‘‘2002; and’’. (I) by striking ‘‘tobe’’ and inserting ‘‘to State; On page 154, line 10, strike ‘‘2002; and’’ and be’’; and (E) the reduction in commercial and other insert ‘‘2003;’’. (II) by adding at the end the following: ‘‘A travel time through a major international On page 154, strike line 11. project under this subparagraph shall be un- gateway expected as a result of the proposed On page 158, strike lines 1 through 19. dertaken on a road that is classified as below project; including the level of traffic delays On page 158, line 20, strike ‘‘(2)’’ and insert a principal arterial.’’; and at at-grade highway crossings of major rail ‘‘(1)’’. On page 274, strike lines 3 through 7 and in- lines in trade corridors; On page 159, line 21, strike ‘‘(3)’’ and insert sert the following: (F) the extent of leveraging of Federal ‘‘(2)’’. ‘‘(ii) NONMETROPOLITAN AREAS.— funds provided under this subsection, includ- On page 159, line 23, strike ‘‘graphs (1) and ‘‘(I) IN GENERAL.—With respect to each ing— (2)’’ and insert ‘‘graph (1)’’. nonmetropolitan area in the State, the pro- (i) use of innovative financing; On page 162, line 7, strike ‘‘(C)’’ and insert gram shall be developed in coordination with (ii) combination with funding provided ‘‘(B)’’. the State, elected officials of affected local under other sections of this Act and title 23, On page 162, line 11, strike ‘‘(C))’’ and in- governments, and elected officials of subdivi- United States Code; and sert ‘‘(B))’’. sions of affected local governments that (iii) combination with other sources of On page 163, strike lines 24 and 25. have jurisdiction over transportation plan- Federal, State, local, or private funding; in- ning, through a process developed by the cluding state, local and private matching AMENDMENT NO. 1990 State that ensures participation by the fund; On page 154, line 6, strike ‘‘1998;’’ and in- elected officials. (G) improvements in vehicle and highway sert ‘‘1999;’’. ‘‘(II) REVIEW.—Not less than once every 2 safety and cargo security in and through the On page 154, line 7, strike ‘‘1999;’’ and in- years, the Secretary shall review the plan- gateway concerned; sert ‘‘2000;’’. ning process through which the program was (H) the degree of demonstrated coordina- On page 154, line 8, strike ‘‘2000;’’ and in- developed under subclause (I). tion with Federal inspection agencies; sert ‘‘2001;’’. ‘‘(III) APPROVAL.—The Secretary shall ap- (I) the extent to which the innovative and On page 154, line 9, strike ‘‘2001;’’ and in- prove the planning process if the Secretary problem solving techniques of the proposed sert ‘‘2002; and’’. finds that the planning process is consistent project would be applicable to other border On page 154, line 10, strike ‘‘2002; and’’ and with this section and section 134. stations or ports of entry; insert ‘‘2003;’’. On page 286, between lines 10 and 11, insert (J) demonstrated local commitment to im- On page 154, strike line 11. the following: plement and sustain continuing comprehen- On page 158, strike lines 1 through 19, and SEC. 1605. STUDY OF PARTICIPATION OF LOCAL sive border planning processes and improve- insert the following: ELECTED OFFICIALS IN TRANSPOR- ment programs; and ‘‘(1) FISCAL YEAR 1998.—In fiscal year 1998, TATION PLANNING AND PROGRAM- (K) the value of the cargo carried by com- an amount equal to $20,000,000 of the balance MING. mercial vehicle traffic, to the extent that remaining after the distribution under sub- (a) STUDY.—The Secretary shall conduct a the value of the cargo and congestion impose section (a) shall be transferred to the Sec- study on the effectiveness of the participa- economic costs on the nation’s economy. S1896 CONGRESSIONAL RECORD — SENATE March 12, 1998 TORRICELLI AMENDMENTS NOS. On page 154, line 8, strike ‘‘2000;’’ and in- (D) the extent to which States have used 1994–1995 sert ‘‘2001;’’. available technologies, such as subsurface On page 154, line 9, strike ‘‘2001;’’ and in- utility engineering, early in the design of (Ordered to lie on the table.) sert ‘‘2002; and’’. Federal-aid highway and bridge projects so Mr. TORRICELLI submitted two On page 154, line 10, strike ‘‘2002; and’’ and as to eliminate or reduce the need for or amendments intended to be proposed insert ‘‘2003,’’. delays due to utility relocations; and by him to amendment No. 1676 pro- On page 154, strike line 11. (E)(i) whether individual States com- posed by Mr. CHAFEE to the bill, S. 1173, On page 158, strike lines 1 through 19, and pensate transportation contractors for busi- supra; as follows: insert the following: ness costs incurred by the contractors when ‘‘(1) FISCAL YEAR 1998.—In fiscal year 1998, AMENDMENT NO. 1994 Federal-aid highway and bridge projects an amount equal to $20,000,000 of the balance under contract to the contractors are de- On page 223, strike lines 4 and 5 and insert remaining after the distribution under sub- the following: layed by delays caused by utility companies section (a) shall be transferred to the Sec- in utility relocations; and (1) in subsection (a)— retary of Transportation and shall be ex- (A) by striking ‘‘(a) Each’’ and inserting (ii) methods used by States in making any pended for State recreational boating safety such compensation. the following: programs under section 13106(a)(1) of title 46, ‘‘(a) IN GENERAL.— (2) REPORT.—Not later than 1 year after United States Code. ‘‘(1) PROGRAM.—Each’’; the date of the enactment of this Act, the On page 162, line 7, strike ‘‘(1)(C)’’ and in- (B) by inserting ‘‘, bicyclists,’’ after ‘‘mo- Comptroller General shall submit to Con- sert ‘‘(2)(B)’’. torists’’; and gress a report on the results of the study, in- On page 162, line 11, strike ‘‘(1)(C)’’ and in- cluding any recommendations that the (C) by adding at the end the following: sert ‘‘(2)(B)’’. ‘‘(2) HAZARDS.—In carrying out paragraph Comptroller General determines to be appro- On page 163, strike lines 24 and 25. priate as a result of the study. (1), a State may— On page 164, line 24, strike ‘‘4(b)’’ and in- ‘‘(A) identify through a survey hazards to sert ‘‘4(b)(2)’’. motorists, users of public transportation, TORRICELLI AMENDMENT NO. 2000 bicyclists, pedestrians, and individuals who Mr. BAUCUS (for Mr. TORRICELLI) live or work near transportation facilities; MOSELEY-BRAUN AMENDMENT NO. and 1997 proposed an amendment to amendment ‘‘(B) develop and implement projects and (Ordered to lie on the table.) No. 1676 proposed by Mr. CHAFEE to the programs to address the hazards.’’ Ms. MOSELEY-BRAUN submitted an bill, S. 1173, supra; as follows: amendment intended to be proposed by In title III, strike section 3215 and insert AMENDMENT NO. 1995 her to amendment No. 1676 proposed by the following: On page 85, between lines 18 and 19, insert SEC. 3215. HAZARDOUS MATERIAL TRANSPOR- the following: Mr. CHAFEE to the bill, S. 1173, supra; TATION REAUTHORIZATION. (d) EVALUATION OF PROCUREMENT PRAC- as follows: (a) IN GENERAL.—Chapter 51, as amended TICES AND PROJECT DELIVERY.— On page 220, after line 23, insert the follow- by section 3214 of this Act, is amended by re- (1) STUDY.—The Comptroller General shall ing: designating section 5128 as section 5129 and conduct a study to assess— ‘‘(E) AUTHORIZATION OF APPROPRIATIONS.— by inserting after section 5127 the following: (A) the impact that a utility company’s There is authorized to be appropriated ‘‘§ 5128. High risk hazardous material and failure to relocate its facilities in a timely $45,000,000 in each of fiscal years 1998 through hazardous waste; motor carrier safety manner has on the delivery and cost of Fed- 2003 to carry out this subsection.’’ study eral-aid highway and bridge projects; ‘‘(a) STUDY.—The Secretary of Transpor- (B) methods States use to mitigate delays D’AMATO (AND SARBANES) tation shall conduct a study— described in subparagraph (A), including the AMENDMENT NO. 1998 ‘‘(1) to determine the safety benefits and use of the courts to compel utility coopera- administrative efficiency of implementing a tion; Mr. CHAFEE (for Mr. D’AMATO, for Federal permit program for high risk hazard- (C) the prevalence and use of— himself and Mr. SARBANES) proposed an ous material and hazardous waste carriers; (i) incentives to utility companies for amendment to amendment No. 1676 ‘‘(2) to identify and evaluate alternative early completion of utility relocations on proposed by Mr. CHAFEE to the bill S. regulatory methods and procedures that may Federal-aid transportation project sites; and 1173, supra; as follows: improve the safety of high risk hazardous (ii) penalties assessed on utility companies material and hazardous waste carriers and for utility relocation delays on such On page 55, all after line 11, insert the fol- lowing: shippers, including evaluating whether an projects; annual safety fitness determination that is (D) the extent to which States have used (A) Establishment of center—(1) Section 5317(b) of title 49, United States Code, is linked to permit renewals for hazardous ma- available technologies, such as subsurface terial and hazardous waste carriers is war- utility engineering, early in the design of amended by adding the following new para- graph: ranted; Federal-aid highway and bridge projects so ‘‘(3) to examine the safety benefits of in- as to eliminate or reduce the need for or ‘‘(6) The Secretary shall make grants to the University of Alabama to Transportation creased monitoring of high risk hazardous delays due to utility relocations; and material and hazardous waste carriers, and (E)(i) whether individual States com- Research Center to establish a university Transportation Center.’’ the costs, benefits, and procedures of exist- pensate transportation contractors for busi- ing State permit programs; ness costs incurred by the contractors when TORRICELLI AMENDMENT NO. 1999 ‘‘(4) to make such recommendations as Federal-aid highway and bridge projects may be appropriate for the improvement of under contract to the contractors are de- Mr. CHAFEE (for Mr. TORRICELLI) proposed an amendment to amendment uniformity among existing State permit pro- layed by delays caused by utility companies grams; and No. 1676 propsoed by Mr. CHAFEE to the in utility relocations; and ‘‘(5) to assess the potential of advanced (ii) methods used by States in making any bill, S. 1173, supra; as follows: technologies for improving the assessment of such compensation. On page 85, between lines 18 and 19, insert high risk hazardous material and hazardous (2) REPORT.—Not later than 1 year after the following: waste carriers’ compliance with motor car- the date of the enactment of this Act, the (d) EVALUATION OF PROCUREMENT PRAC- rier safety regulations. Comptroller General shall submit to Con- TICES AND PROJECT DELIVERY.— ‘‘(b) TIMEFRAME.—The Secretary shall gress a report on the results of the study, in- (1) STUDY.—The Comptroller General shall begin the study required by subsection (a) cluding any recommendations that the conduct a study to assess— within 6 months after the date of enactment Comptroller General determines to be appro- (A) the impact that a utility company’s of the Intermodal Transportation Safety Act priate as a result of the study. failure to relocate its facilities in a timely of 1998 and complete it within 30 months manner has on the delivery and cost of Fed- after the date of enactment of that Act. MCCAIN AMENDMENT NO. 1996 eral-aid highway and bridge projects; ‘‘(c) REPORT.—The Secretary shall report (Ordered to lie on the table.) (B) methods States use to mitigate delays the findings of the study required by sub- described in subparagraph (A), including the section (a), together with such recommenda- Mr. MCCAIN submitted an amend- use of the courts to compel utility coopera- tions as may be appropriate, within 36 ment intended to be proposed by him tion; months after the date of enactment of the to amendment No. 1676 proposed by Mr. (C) the prevalence and use of— Intermodal Transportation Safety Act of CHAFEE to the bill, S. 1173, supra; as (i) incentives to utility companies for 1998.’’. follows: early completion of utility relocations on (b) SECTION 5109 REGULATIONS TO REFLECT On page 154, line 6, strike ‘‘1998;’’ and in- Federal-aid transportation project sites; and STUDY FINDINGS.—Section 5109(h) is amended sert ‘‘1999;’’. (ii) penalties assessed on utility companies by striking ‘‘not later than November 16, On page 154, line 7, strike ‘‘1999;’’ and in- for utility relocation delays on such 1991.’’ and inserting ‘‘based upon the findings sert ‘‘2000;’’. projects; of the study required by section 5128(a).’’. March 12, 1998 CONGRESSIONAL RECORD — SENATE S1897

(c) CONFORMING AMENDMENT.—The chapter (ii) school transportation; and than small business concerns described in analysis for chapter 51, as amended by sec- (iii) mass transportation operators; paragraph (2)— tion 3214, is amended by striking the item re- (B) academic and policy analysts; and (A) the annual gross receipts of the busi- lating to section 5128 and inserting the fol- (C) other interested parties. ness concerns; and lowing: (c) REPORT.—Not later than 12 months (B) the net worth of individuals that own ‘‘5128. High risk hazardous material and haz- after the Secretary enters into an agreement and control the business concerns; ardous waste; motor carrier under subsection (a), the Secretary shall (5) the rate of graduation from any pro- safety study. transmit to the Committee on Commerce, grams carried out to comply with the re- ‘‘5129. Authorization of appropriations.’’. Science, and Transportation of the Senate quirement of subsection (a) for small busi- and the Committee on Transportation and ness concerns owned and controlled by so- Infrastructure of the House of Representa- cially and economically disadvantaged indi- CHAFEE AMENDMENT NO. 2001 tives a report that contains the results of the viduals; Mr. CHAFEE proposed an amend- study. (6) the overall cost of administering the re- ment to amendment No. 1676 proposed (d) AUTHORIZATION.—There are authorized quirement of subsection (a), including ad- by him to the bill, S. 1173, supra; as fol- to be appropriated to the Department of ministrative costs, certification costs, addi- lows: Transportation to carry out this section— tional construction costs, and litigation (1) $200,000 for fiscal year 1999; and costs; On page 154, line 6, strike ‘‘1998;’’ and in- (2) $200,000 for fiscal year 2000. (7) any discrimination, on the basis of race, sert ‘‘1999;’’. color, national origin, or sex, against small On page 154, line 7, strike ‘‘1999;’’ and in- CHAFEE AMENDMENTS NOS. 2003– business concerns owned and controlled by sert ‘‘2000;’’. socially and economically disadvantaged in- On page 154, line 8, strike ‘‘2000;’’ and in- 2004 dividuals; sert ‘‘2001;’’. Mr CHAFEE proposed two amend- (8)(A) any other factors limiting the abil- On page 154, line 9, strike ‘‘2001;’’ and in- ments to amendment No. 1676 proposed ity of small business concerns owned and sert ‘‘2002; and’’. controlled by socially and economically dis- On page 154, line 10, strike ‘‘2002; and’’ and by him to the bill, S. 1173, supra; as fol- lows: advantaged individuals to compete for prime insert ‘‘2003,’’. contracts and subcontracts funded under ti- On page 154, strike line 11. AMENDMENT NO. 2003 tles I, II, and V of this Act; and On pae 158, strike lines 1 through 19, and On page 77, line 20, strike ‘‘and II’’ and in- (B) the extent to which any of those fac- insert the following: sert ‘‘, II, and V’’. tors are caused, in whole or in part, by dis- ‘‘(1) FISCAL YEAR 1998.—In fiscal year 1998, crimination based on race, color, national an amount equal to $20,000,000 of the balance AMENDMENT NO. 2004 origin, or sex; remaining after the distribution under sub- On page 79, between lines 13 and 14, insert (9) any discrimination, on the basis of race, section (a) shall be transferred to the Sec- color, national origin, or sex, against con- retary of Transportation and shall be ex- the following: (e) COMPLIANCE WITH COURT ORDERS.— struction companies owned and controlled by pended for State recreational boating safety socially and economically disadvantaged in- programs under section 13106(a)(1) of title 46, Nothing in this section limits the eligibility of an entity or person to receive funds made dividuals in public and private transpor- United States Code. tation contracting and the financial, credit, On page 162, line 7, strike ‘‘(1)(C)’’ and in- available under titles I, II, and V of this Act, insurance, and bond markets; sert ‘‘(2)(B)’’. if the entity or person is prevented, in whole (10) the impact on small business concerns On page 162, line 11, strike ‘‘(1)(C)’’ and in- or in part, from complying with subsection owned and controlled by socially and eco- sert ‘‘(2)(B)’’. (a) because a Federal court issues a final nomically disadvantaged individuals of— On page 163, strike lines 24 and 25. order in which the court finds that the re- (A) the issuance of a final order described On page 164, line 24, strike ‘‘4(b)’’ and in- quirement of subsection (a), or the program in subsection (e) by a Federal court that sus- sert ‘‘4(b)(2)’’. established under subsection (a), is unconsti- tutional. pends a program established under sub- (f) REVIEW BY COMPTROLLER GENERAL.—Not section (a); or DEWINE AMENDMENT No. 2002 later than 3 years after the date of enact- (B) the repeal or suspension of State or Mr. CHAFEE (for Mr. DEWINE) pro- ment of this Act, the Comptroller General of local disadvantaged business enterprise pro- posed an amendment to amendment the United States shall conduct a review of, grams; and and publish and report to Congress findings (11) the impact of the requirement of sub- No. 1676 proposed by Mr. CHAFEE to the section (a), and any program carried out to bill, S. 1173, supra; as follows: and conclusions on, the impact throughout the United States of administering the re- comply with subsection (a), on competition At the appropriate place in subtitle D of quirement of subsection (a), including an and the creation of jobs, including the cre- title III, insert the following: analysis of— ation of jobs for socially and economically SEC. 34ll. SCHOOL TRANSPORTATION SAFETY. (1) in the case of small business concerns disadvantaged individuals. (a) STUDY.—Not later than 3 months after certified in each State under subsection (d) the date of enactment of this Act, the Sec- as owned and controlled by socially and eco- retary shall offer to enter into an agreement nomically disadvantaged individuals— GRAMM (AND OTHERS) with the Transportation Research Board of (A) the number of the small business con- AMENDMENT NO. 2005 the National Academy of Sciences to con- cerns; and Mr. GRAMM (for himself, Mrs. duct, subject to the availability of appro- (B) the participation rates of the small HUTCHISON, and Mr. ABRAHAM) proposed priations, a study of the safety issues attend- business concerns in prime contracts and an amendment to amendment No. 1676 ant to the transportation of school children subcontracts funded under titles I, II, and V to and from school and school-related activi- of this Act; proposed by Mr. CHAFEE to the bill, S. ties by various transportation modes. (2) in the case of small business concerns 1173, supra; as follows: (b) TERMS OF AGREEMENT.—The agreement described in paragraph (1) that receive prime At the appropriate place, insert the follow- under subsection (a) shall provide that— contracts and subcontracts funded under ti- ing: (1) the Transportation Research Board, in tles I, II, and V of this Act— (2) SELECTION OF STATES, METROPOLITAN conducting the study, shall consider— (A) the number of the small business con- PLANNING ORGANIZATIONS, AND PROJECTS TO (A) in consultation with the National cerns; RECEIVE GRANTS.—Notwithstanding any Transportation Safety Board, the Bureau of (B) the annual gross receipts of the small other provision of this Act, in selecting Transportation Statistics, and other rel- business concerns; and States, metropolitan planning organizations, evant entities, available crash injury data; (C) the net worth of socially and economi- and projects to receive grants under sub- (B) vehicle design and driver training re- cally disadvantaged individuals that own and section 1116(d), the Secretary shall con- quirements, routing, and operational factors control the small business concerns; sider— that affect safety; and (3) in the case of small business concerns (A) the extent to which the annual volume (C) other factors that the Secretary consid- described in paragraph (1) that do not receive of commercial vehicle traffic at the border ers to be appropriate; prime contracts and subcontracts funded stations or ports of entry of each State— (2) if the data referred to in paragraph under titles I, II, and V of this Act— (i) has increased since the date of enact- (1)(A) is unavailable or insufficient, the (A) the annual gross receipts of the small ment of the North American Free Trade Transportation Research Board shall rec- business concerns; and Agreement Implementation Act (Public Law ommend a new data collection regimen and (B) the net worth of socially and economi- 103–182); and implementation guidelines; and cally disadvantaged individuals that own and (ii) is projected to increase in the future; (3) a panel shall conduct the study and control the small business concerns; (B) the extent to which commercial vehicle shall include— (4) in the case of business concerns that re- traffic in each State— (A) representatives of— ceive prime contracts and subcontracts fund- (i) has increased since the date of enact- (i) highway safety organizations; ed under titles I, II, and V of this Act, other ment of the North American Free Trade S1898 CONGRESSIONAL RECORD — SENATE March 12, 1998

Agreement Implementation Act (Public Law On page 95, line 10, before the period, insert No. 1676 proposed by Mr. CHAFEE to the 103–182); and the following: ‘‘and through affected ports of bill, S. 1173, supra; as follows: (ii) is projected to increase in the future; entry’’. On page 309, between lines 3 and 4, insert (C) the extent of border transportation im- On page 95, line 12, insert ‘‘and affected the following: provements carried out by each State since port of entry’’ after ‘‘corridor’’. ll the date of enactment of that Act; On page 95, line 14, before the period, insert SEC. 18 . SOUTHWEST BORDER TRANSPOR- TATION INFRASTRUCTURE ASSESS- (D) the extent to which international the following: ‘‘or by the State in which the MENT. truck-borne commodities move through each affected port of entry is located’’. (a) IN GENERAL.—The Secretary shall con- State; On page 95, strike lines 16 through 23 and duct a comprehensive assessment of the (E) the reduction in commercial and other insert the following: state of the transportation infrastructure on travel time through a major international (A) IN GENERAL.—As a condition of receiv- the southwest border between the United gateway expected as a result of the proposed ing a grant under paragraph (1), a State shall States and Mexico (referred to in this section project, including the level of traffic delays enter into an agreement with the Secretary as the ‘‘border’’). at at-grade highway crossings of major rail that specifies that, not later than 2 years (b) CONSULTATION.—In carrying out sub- lines in trade corridors; after receipt of the grant— section (a), the Secretary shall consult (F) the extent of leveraging of Federal (i) in cooperation with the other States with— funds provided under this subsection, includ- along the corridor, the State will submit a (1) the Secretary of State; ing— plan for corridor improvements to the Sec- (2) the Attorney General; (i) use of innovative financing; retary; or (3) the Secretary of the Treasury; (ii) combination with funding provided (ii) the State will submit a plan for af- (5) the Commandant of the Coast Guard; under other sections of this Act and title 23, fected port of entry improvements to the (6) the Administrator of General Services; United States Code; and Secretary. (7) the American Commissioner on the (iii) combination with other sources of On page 98, line 19, insert ‘‘and affected International Boundary Commission, United Federal, State, local, or private funding, in- port of entry’’ after ‘‘border’’. States and Mexico; cluding State, local and private matching On page 98, line 24, insert ‘‘or affected port (8) State agencies responsible for transpor- funds; of entry’’ before ‘‘expected’’. tation and law enforcement in border States; (G) improvements in vehicle and highway On page 99, line 12, insert ‘‘or affected port and safety and cargo security in and through the of entry’’ after ‘‘gateway’’. (9) municipal governments and transpor- gateway concerned; On page 99, line 21, insert ‘‘or affected port tation authorities in sister cities in the bor- (H) the degree of demonstrated coordina- of entry’’ after ‘‘border’’. der area. tion with Federal inspection agencies; (c) REQUIREMENTS.—In carrying out the as- (I) the extent to which the innovative and LOTT AMENDMENT NO. 2008 sessment, the Secretary shall— problem solving techniques of the proposed (1) assess— project would be applicable to other border Mr. WARNER. (for Mr. LOTT) pro- (A) the flow of commercial and private stations or ports of entry; posed an amendment to amendment traffic through designated ports of entry on (J) demonstrated local commitment to im- No. 1676 proposed by Mr. CHAFEE to the the border; plement and sustain continuing comprehen- bill, S. 1173, supra; as follows: (B) the adequacy of transportation infra- sive border planning processes and improve- At the appropriate place in the bill, insert structure in the border area, including high- ment programs; and the following: ways, bridges, railway lines, and border in- (K) the value of the cargo carried by com- spection facilities; mercial vehicle traffic, to the extent that SEC. . REMOTE SENSING AND SPATIAL INFOR- MATION TECHNOLOGIES. (C) the adequacy of law enforcement and the value of the cargo and congestion impose narcotics abatement activities in the border economic costs on the nation’s economy. (A) IN GENERAL.—The Secretary shall es- tablish and carry out a program to validate area, as the activities relate to commercial remote sensing and spatial information tech- and private traffic; and CHAFEE AMENDMENTS NO. 2006 nologies for application to national transpor- (D) future demands on transportation in- Mr WARNER (for Mr. CHAFEE) pro- tation infrastructure development and con- frastructure in the border area; and posed an amendment to amendment struction. (2) make recommendations to facilitate le- (b) PROGRAM STAGES.— gitimate cross-border traffic in the border No. 1676 proposed by him to the bill, S. area, while maintaining the integrity of the 1173, supra; as follows: (1) FIRST STAGE.—Not later than 18 months after the date of the enactment of this Act, border. On page 39, line 15, in the matter added by the Secretary shall establish a national pol- (d) REPORT.—Not later than 1 year after Chafee Amendment No. 1311, strike ‘‘October icy for the use of remote sensing and spatial the date of enactment of this Act, the Sec- 6, 1997’’ and insert ‘‘March 12, 1998’’. information technologies in national trans- retary shall submit to Congress a report on portation infrastructure development and the assessment conducted under this section, LAUTENBERG (AND OTHERS) construction. including any related legislative and admin- istrative recommendations. AMENDMENT NO. 2007 (2) SECOND STAGE.—After establishment of Mr. WARNER (for Mr. LAUTENBERG, the national policy under paragraph (1), the Secretary shall develop new applications of BREAUX (AND LANDRIEU) for himself, Mr. CHAFEE, Mr. WARNER, remote sensing and spatial information tech- AMENDMENT NO. 2011 Mr. MOYNIHAN, and Mr. SMITH of Or- nologies for the implementation of such pol- Mr. WARNER (for Mr. BREAUX for egon) proposed an amendment to icy. amendment No. 1676 proposed by Mr. (c) COOPERATION.—The Secretary shall himself and Ms. LANDRIEU) proposed an CHAFEE to the bill, S. 1173, supra; as carry out this section in cooperation with amendment to amendment No. 1676 follows: the National Aeronautics and Space Admin- proposed by Mr. CHAFEE to the bill, S. On page 91, between lines 23 and 24, insert istration and a consortium of university re- 1173, supra; as follows: the following: search centers. On page 309, strike line 3 and insert the fol- (1) AFFECTED PORT OF ENTRY.—The term (d) FUNDING.—There is authorized to be ap- lowing: propriated to carry out this section ‘‘affected port of entry’’ means a seaport or designated Route. $10,000,000 for fiscal year 1999 and $10,000,000 airport in any State that demonstrates that ll for each of fiscal years 2000 through 2004. SEC. 18 . IDENTIFICATION OF HIGH PRIORITY the transportation of cargo by rail or motor CORRIDOR ROUTES IN LOUISIANA. carrier through the seaport or airport has in- Section 1105 of the Intermodal Surface creased significantly since the date of enact- AMENDMENT NO. 2009 Transportation Efficiency Act of 1991 (105 ment of the North American Free Trade Stat. 2031) is amended— Agreement Implementation Act (Public Law Mr. WARNER (for Mr. DOMENICI) pro- posed an amendment to amendment (1) in subsection (c)(1)— 103–182). (A) by striking ‘‘Corridor from Kansas’’ On page 91, line 24, strike ‘‘(1)’’ and insert No. 1676 proposed by Mr. CHAFEE to the and inserting the following: ‘‘Corridor— ‘‘(2)’’. bill, S. 1173, supra; as follows: On page 92, line 5, strike ‘‘(2)’’ and insert ‘‘(A) from Kansas’’; On page 100 at the end of line 14, insert: ‘‘(3)’’. (B) in subparagraph (A) (as so designated), On page 92, line 11, strike ‘‘(3)’’ and insert ‘‘including the deployment of technologies by striking the period at the end and insert- ‘‘(4)’’. to detect and deter illegal narcotic smug- ing ‘‘; and’’; and On page 92, line 17, strike ‘‘(4)’’ and insert gling.’’ (C) by adding at the end the following: ‘‘(5)’’. ‘‘(B) from Shreveport, Louisiana, along On page 93, line 3, strike ‘‘(5)’’ and insert FEINSTEIN AMENDMENT NO. 2010 Interstate Route 49 to Lafayette, Louisiana, ‘‘(6)’’. and along United States Route 90 to the On page 93, line 6, strike ‘‘(6)’’ and insert Mr. WARNER (for Mrs. FEINSTEIN) junction with Interstate Route 10 in New Or- ‘‘(7)’’. proposed an amendment to amendment leans, Louisiana.’’; and March 12, 1998 CONGRESSIONAL RECORD — SENATE S1899 (2) in subsection (e)(5)(A), by inserting ‘‘in near Fulton, Mississippi, to the intersection on Wednesday, March 18, 1998 at 9:30 subsection (c)(1)(B),’’ after ‘‘routes referred with Interstate Route 65 near Birmingham, a.m. to conduct an oversight hearing to’’. Alabama. on the FY’99 budget and operations of (b) SUBSTANDARD FEATURES.— the Smithsonian Institution, the Ken- TORRICELLI AMENDMENT NO. 2012 (1) UPGRADING.—Each portion of the seg- ments described in subsection (a)(2) that nedy Center, and the Woodrow Wilson Mr. WARNER (for Mr. TORRICELLI) does not substantially meet the Interstate International Center for Scholars. proposed an amendment to amendment System design standards under section 109(b) For further information concerning No. 1676 proposed by Mr. CHAFEE to the of title 23, United States Code, in effect on this hearing, please contact Ed Edens bill, S. 1173, supra; as follows: the date of enactment of this Act shall be of the Rules Committee staff at 224– On page 223, strike lines 4 and 5 and insert upgraded in accordance with plans and 6678. the following: schedules developed by the applicable State. f (1) in subsection (a)— (2) DESIGNATION.—Each portion of the seg- (A) by striking ‘‘(a) Each’’ and inserting ments described in subsection (a)(2) that on AUTHORITY FOR COMMITTEES TO the following: the date of enactment of this Act does not MEET meet the Interstate System design standards ‘‘(a) IN GENERAL.— COMMITTEE ON AGRICULTURE, NUTRITION, AND ‘‘(1) PROGRAM.—Each’’; under section 109(b) of that title and does not connect to a segment of the Interstate Sys- FORESTRY (B) by inserting ‘‘, bicyclists,’’ after ‘‘mo- Mr. CHAFEE. Mr. President, I ask torists’’; and tem shall— (C) by adding at the end the following: (A) be designated as a future Interstate unanimous consent that the Commit- ‘‘(2) HAZARDS.—In carrying out paragraph System route; and tee on Agriculture, Nutrition, and For- (1), a State may, at its discretion, (B) become part of the Interstate System estry be allowed to meet during the ‘‘(A) identify through a survey hazards to at such time as the Secretary determines session of the Senate on Thursday, motorists, bicyclists, pedestrians, and users that the portion of the segment— March 12, 1998, at 9 a.m. in SR–328A. of highway facilities; and (i) meets the Interstate System design The purpose of this meeting will be to standards; and ‘‘(B) develop and implement projects and examine the reauthorization of expir- programs to address the hazards.’’; (ii) connects to another segment of the Interstate System. ing child nutrition programs. (c) TREATMENT OF ROUTES.— The PRESIDING OFFICER. Without ABRAHAM (AND LEVIN) (1) MILEAGE LIMITATION.—The mileage of objection, it is so ordered. AMENDMENT NO. 2013 the routes on the Interstate System des- COMMITTEE ON BANKING, HOUSING, AND URBAN Mr. WARNER (for Mr. ABRAHAM, for ignated under subsection (a) shall not be AFFAIRS himself and Mr. LEVIN) proposed an charged against the limitation established Mr. CHAFEE. Mr. President, I ask amendment to amendment No. 1676 by section 103(c)(2) of title 23, United States unanimous consent that the Commit- Code. proposed by Mr. CHAFEE to the bill, S. tee on Banking, Housing, and Urban (2) FEDERAL FINANCIAL RESPONSIBILITY.— 1173, supra; as follows: (A) IN GENERAL.—Subject to subparagraph Affairs be authorized to meet during On page 309, between lines 3 and 4, insert (B), the designation of the routes on the the session of the Senate on Thursday, the following: Interstate System under subsection (a) shall March 12, 1998, to conduct a hearing on SEC. 1802. MODIFICATION OF HIGH PRIORITY not create increased Federal financial re- S. 1423, The ‘‘Federal Home Loan Bank CORRIDOR. sponsibility with respect to the designated System Modernization Act of 1997.’’ Section 1105(c)(18) of the Intermodal Sur- segments. The PRESIDING OFFICER. Without face Transportation Efficiency Act of 1991 (B) USE OF CERTAIN FUNDS.—A State may objection, it is so ordered. (105 Stat. 2032) is amended— use funds available to the State under para- COMMITTEE ON COMMERCE, SCIENCE, AND (1) by striking ‘‘(18) Corridor from Indian- graphs (1)(C) and (3) of section 104(b) of title TRANSPORTATION apolis,’’ and inserting the following: 23, United States Code, to eliminate sub- ‘‘(18)(A) Corridor from Sarnia, Ontario, standard features of, and to resurface, re- Mr. CHAFEE. Mr. President, I ask Canada, through Port Huron, Michigan, store, rehabilitate, or reconstruct, any por- unanimous consent that the Commit- southwesterly along Interstate Route 69 tion of the designated segments. tee on Commerce, Science, and Trans- through Indianapolis,’’; and (3) ELIGIBILITY FOR OTHER FUNDING.—(A) portation be authorized to meet on (2) by adding at the end the following: This section shall not affect the amount of Thursday, March 12, 1998, at 9:30 a.m. ‘‘(B) Corridor from Sarnia, Ontario, Can- funding that a State shall be entitled to re- on pending committee business. ada, southwesterly along Interstate Route 94 ceive under any other section of this Act or The PRESIDING OFFICER. Without to the Ambassador Bridge interchange in De- under any other law. objection, it is so ordered. troit, Michigan. ‘‘(B) EFFECT OF PROVISION.—Nothing in this ‘‘(C) Corridor from Windsor, Ontario, Can- section shall result in an increase in a COMMITTEE ON FOREIGN RELATIONS ada, through Detroit, Michigan, westerly State’s estimated cost to complete the Appa- Mr. CHAFEE. Mr. President, I ask along Interstate Route 94 to Chicago, Illi- lachian development highway system or in unanimous consent that the Commit- nois.’’. the amount of assistance that the State tee on Foreign Relations be authorized shall be entitled to receive from the Appa- to meet during the session of the Sen- SESSIONS AMENDMENT NO. 2014 lachian Development Highway System under ate on Thursday, March 12, 1998, at 10 this Act or any other Act.’’. Mr. WARNER (for Mr. SESSIONS) pro- a.m. to hold a hearing. posed an amendment to amendment The PRESIDING OFFICER. Without MOSELEY-BRAUN (AND No. 1676 proposed by Mr. CHAFEE to the objection, it is so ordered. bill, S. 1173, supra; as follows: FAIRCLOTH) AMENDMENT NO. 2015 COMMITTEE ON GOVERNMENTAL AFFAIRS. At the end of subtitle H of title I, add the Mr. WARNER (for Ms. MOSELEY- Mr. CHAFEE. Mr. President, I ask following: BRAUN, for herself and Mr. FAIRCLOTH) unanimous consent on behalf of the SEC. 18ll. DESIGNATION OF CORRIDORS IN MIS- proposed an amendment to amendment Governmental Affairs Committee to SISSIPPI AND ALABAMA AS ROUTES No. 1676 proposed by Mr. CHAFEE to the meet on Thursday, March 12, 1998, at ON THE INTERSTATE SYSTEM. bill, S. 1173, supra; as follows: 10:30 a.m. for a hearing on the topic of (a) IN GENERAL.— ‘‘Reforming the IRS: Managerial Flexi- (1) DESIGNATION.—Subject to subsection On page 220, after line 23, insert the follow- ing: bility and Accountability.’’ (b)(2), notwithstanding section 103(c) of title The PRESIDING OFFICER. Without 23, United States Code, the segments de- ‘‘(E) AUTHORIZATION OF APPROPRIATIONS.— scribed in paragraph (2) are designated as There is authorized to be appropriated objection, it is so ordered. routes on the Interstate System. $45,000,000 in each of fiscal years 1998 through COMMITTEE ON LABOR AND HUMAN RESOURCES (2) SEGMENTS.—The segments referred to in 2003 to carry out this subsection.’’ Mr. CHAFEE. Mr. President, I ask paragraph (1) are— f unanimous consent that the Commit- (A) the portion of Corridor V of the Appa- tee on Labor and Human Resources, lachian development highway system from NOTICE OF HEARING Subcommittee on Public Health and Interstate Route 55 near Batesville, Mis- COMMITTEE ON RULES AND ADMINISTRATION Safety, be authorized to meet for a sissippi, to the intersection with Corridor X of the Appalachian development highway Mr. WARNER. Mr. President, I wish hearing on Assessment of New Health system near Fulton, Mississippi; and to announce that the Committee on Care Technologies Role of AHCPR dur- (B) the portion of Corridor X of the Appa- Rules and Administration will meet in ing the session of the Senate on Thurs- lachian development highway system from SR–301, Russell Senate Office Building, day, March 12, 1998, at 9:30 a.m. S1900 CONGRESSIONAL RECORD — SENATE March 12, 1998 The PRESIDING OFFICER. Without Last October, PPEP, which operates over 2.6 million girl members, and a objection, it is so ordered. out of Tucson, Arizona, celebrated 30 loyal corps of over 800,000 adult volun- COMMITTEE ON THE JUDICIARY years of service to this community. At teers. This is Girl Scouting’s third Mr. CHAFEE. Mr. President, I ask that time, in recognition of the success highest membership in 20 years. In my unanimous consent that the Commit- of their small business loan program, home state of Illinois, there are almost tee on the Judiciary be authorized to PPEP and Pima County were selected 200,000 Girl Scouts and volunteers. meet during the session of the Senate to receive an ‘‘Award of Excellence for These numbers serve as strong evi- on Thursday, March 12, 1998, at 2 p.m. Economic Development’’ by the Na- dence that the principles of honesty, in room 226 of the Senate Dirksen Of- tional Association for County Commu- service, community and self develop- fice Building to hold a hearing on ‘‘S. nity and Economic Development. ment upon which Ms. Low founded Girl 1530, the Protect Act and Children’s Thirty years ago, a man named John Scouts of the USA 86 years ago are still Health: Can We Stop Kids From Smok- Arnold converted his 1957 Chevrolet relevant and meaningful to girls of all ing?’’ schoolbus into a traveling classroom ages across our nation. The PRESIDING OFFICER. Without for rural Arizonans. He spent his time objection, it is so ordered. teaching migrant workers English as a Girl Scouts still sell cookies, earn SUBCOMMITTEE ON ACQUISITION AND second language and the value of learn- merit badges and go camping, but they TECHNOLOGY ing vocational and technical skills. also participate in sports, learn science Mr. CHAFEE. Mr. President, I ask This was the beginning of what is now and computer technology, and engage unanimous consent that the Sub- known as PPEP. in activities that promote lasting committee on Acquisition and Tech- Today, PPEP is a non-profit organi- friendships, diversity, cultural appre- nology of the Committee on Armed zation with an annual operating budget ciation, personal improvement, and ca- Services be authorized to meet at 9:30 of $11 million. It employs more than 300 reer development. Additionally, Girl a.m. on Thursday, March 12, 1998, in people and has developed numerous Scouts participate in many meaningful open session, to receive testimony on programs that have become national community service projects that teach the Department of Defense, Science, self-help models. participants about the society in which and Technology programs in review of PPEP provides a multitude of social they live, and address challenging the Defense authorization request for services for disadvantaged Americans. issues such as illiteracy and school vio- fiscal year 1999 and the future years Some examples of these vital services lence. Defense program. include: affordable housing for migrant Most important, over the last 86 The PRESIDING OFFICER. Without workers, necessary sewer and street en- years, Girl Scouts of the USA has pro- objection, it is so ordered. hancements, day care sites, senior nu- vided girls with the skills, understand- SUBCOMMITTEE ON AFRICAN AFFAIRS trition and recreation centers, and pub- ing, and confidence to become success- Mr. CHAFEE. Mr. President, I ask lic charter schools. The list of good ful women and citizens of our nation unanimous consent that the Sub- works accomplished by PPEP on a and the world. It is my distinct pleas- committee on African Affairs of the daily basis is lengthy and impressive. ure to acknowledge the incredible suc- Committee on Foreign Relations be au- Most important, PPEP has made it cess that Girl Scouts of the USA has thorized to meet during the session of possible for rural families to experi- the Senate on Thursday, March 12, 1998, ence the dignity they deserve. enjoyed over the last 86 years, and to at 2 p.m. to hold a hearing. As we continue to reform federal as- wish them the best of luck as they pre- The PRESIDING OFFICER. Without sistance programs to encourage self- pare for the future.∑ objection, it is so ordered. sufficiency, we must recognize the im- f SUBCOMMITTEE ON OCEANS AND FISHERIES portance of organizations such as Mr. CHAFEE. Mr. President, I ask PPEP in providing voluntary commu- unanimous consent that the Sub- nity support to needy Americans. The JEAN A. GORSKI: NEW HAMPSHIRE committee on Oceans and Fisheries of committed staff and volunteers of AMERICAN BUSINESS WOMEN’S the Committee on Commerce, Science, PPEP have encouraged and enabled ASSOCIATION 1998 BUSINESS- and Transportation be authorized to many disadvantaged citizens to gain WOMAN OF THE YEAR meet on Thursday, March 12, 1998, at the technical skills and computer lit- 2:30 p.m. on the fiscal year 1999 Coast ∑ Mr. SMITH of New Hampshire. Mr. eracy which will allow them to move President, I rise today to congratulate Guard budget. from welfare to more productive lives The PRESIDING OFFICER. Without Jean Gorski for being named the 1998 in the job market. PPEP’s services are Business Woman of the Year on Feb- objection, it is so ordered. needed now more than ever, as they ruary 5, 1998, by the New Hampshire SUBCOMMITEE ON STRATEGIC FORCES provide a bridge for farmworkers, rural American Business Women’s Associa- Mr. CHAFEE. Mr. President, I ask poor, and other disadvantaged individ- tion. I commend her consistent drive unanimous consent that the Sub- uals. committee on Strategic Forces of the After 30 years of outstanding and en- and aggressive encouragement to im- Committee on Armed Services be au- during accomplishments, I anticipate prove the lives and opportunities of thorized to meet on Thursday, March an even more aggressive and produc- others. 12, 1998, at 2 p.m. in open session, to re- tive effort by PPEP to assist our com- Jean is the Director of Development ceive testimony on the Department of munities and our country as we enter for the Northern New England Agency Energy’s fiscal year 1999 authorization the 21st century. I extend my best of Northwestern Mutual Life Insurance request for environmental manage- wishes to John Arnold and his col- Company where she has held this posi- ment, non-proliferation, and fissile ma- leagues at PPEP and my thanks for tion for seven years. She is also a mem- terials disposition. their continuing endeavors.∑ ber of the Small Business Association The PRESIDING OFFICER. Without f of New England, General Agent’s Man- objection, it is so ordered. agement Association and Women’s f THE 86TH ANNIVERSARY OF THE FOUNDING OF THE GIRL SCOUTS Business Forum Steering Committee. ADDITIONAL STATEMENTS OF THE UNITED STATES OF She has also held many officer roles as AMERICA well as been a member of many organi- zations. To name a few, she served as TRIBUTE TO PROJECT PPEP FOR Ms. MOSELEY-BRAUN. Mr. Presi- ∑ the sales manager for BankEast and 30 YEARS OF DEDICATED COM- dent, it is my honor today to recognize New Hampshire Savings Bank. These MUNITY SERVICE and celebrate the 86th anniversary of are just a few organizations with which ∑ Mr. MCCAIN. Mr. President, I rise the birth of the Girl Scouts of the today to extend my sincere gratitude United States of America (Girl Scouts she has spent countless hours and dedi- and commendations to Portable Prac- of the USA). cated service. This impressive list is tical Educational Preparation, Inc. Eighty six years ago, Juliette Gordon something of which Jean should be (PPEP) for their tireless efforts to im- Low founded Girl Scouts of the USA very proud. prove the lives of needy citizens in the with 18 members in her Savannah, Jean has enthusiastically worked Southwest. Georgia living room. Today, there are with many organizations, countless March 12, 1998 CONGRESSIONAL RECORD — SENATE S1901 residents and employees and developed American political, economic and military More recently, Mr. Breindel was the host a considerable portfolio of professional- global interests. of a weekly television show that aired on ism. Four words come to mind that His patience with those who failed to view Saturdays on the Fox News Channel, ‘‘Fox best represent what Jean is trying to issues in wide—indeed, often global—terms News Watch.’’ was slight. He knew that what might happen Mr. Breindel was a friend of New York City strengthen: leadership, community, in Tokyo today could have an impact in police officers and during last year’s may- teamwork and development. These are Times Square tomorrow and it was with such oral election, he branded the Democratic terms that bind all Americans together understanding that he crafted the content of challenger to Mayor Rudolph W. Giuliani, and strengthen the unity of this great these pages. the Manhattan Borough President, Ruth W. country. Readers need not agree with his views—in- Messinger, as a ‘‘cop-basher.’’ These words best exhibit the tools deed, often it seemed that many did not—to ‘‘Eric was a very close friend,’’ Mr. she employs to bring about positive concede that they were strongly held, lucidly Giuliani said. ‘‘He had a unique understand- and respectfully presented and not at all change and as a leader, encouraging ing of all that makes up the City of New given to equivocation. York. He had a particular insight into the others to rise to the call of self im- It is true that Eric Briendel was very much challenges faced by New York City police of- provement. Jean’s commitment to each out of step with conventional political and ficers, and even when there might be a media organization she represents is ex- social wisdom. He understood this; indeed, he frenzy seeking to unfairly accuse police offi- tremely solid and substantial. She was quietly proud of it. cers, Eric was often one of the few who cou- gives it her all and inspires others to In an age given to the promotion of self- rageously stood up for them.’’ follow her lead. Her actions and beliefs esteen—at the expense of actual accomplish- Rupert Murdoch, chairman of the News have become a catalyst for significant ment—he championed hard work and individ- Corporation, said of him, ‘‘He was a brilliant ual enterprise. change resulting in profound achieve- leader of the editorial page and one of the He knew that, these days, equality of out- most influential people in New York.’’ ments. Mr. President, I want to con- come is meant to trump equality of While Mr. Breindel’s ideas carried influ- gratulate Jean Gorski for her out- opportuinity—but he wouldn’t accept it. ence, said Martin Peretz, editor-in-chief of standing work and I am proud to rep- He was equally unforgiving of double The New Republic, he is perhaps known best resent her in the U.S. Senate.∑ standards when it came to public conduct— in New York City for his coverage of the 1991 f even when race, ethnicity and gender were at racial unrest in Crown Heights. issue. Charlie Rose, the talk-show host, called his ERIC BREINDEL And while he never ducked controversy, he death shocking and said, ‘‘His capacity to in- Mr. MOYNIHAN. Mr. President, I rise understood that public affairs are conducted fluence world affairs was growing.’’ by people who had feelings—and families. He to pay tribute to Eric Breindel, a proud Born in New York City in 1955, Mr. tried not to wound, and in this he succeeded Breindel graduated magna cum laude from son of New York who was taken from more often than not. Harvard College in 1977, where he was edi- us all too suddenly and all too soon The decade-plus during which he edited torial chairman of The Harvard Crimson. He this past Saturday. Eric lived life at a these pages were among the most tumul- received a law degree from Harvard in 1982 hectic pace, almost as if he knew that tuous in New York’s history. and served as a legislative assistant to his years would be so painfully limited It was the time of Howard Beach and United States Senator Daniel Patrick Moy- that he would do well to fill as much Tawana Brawley, of Crown Heights and nihan, a correspondent for the Public Broad- Yusuf Hawkins. There were three mayors casting System and an editorial page editor meaning and involvement as he could and two governors and no end of govern- into every single day. The Talmud with The Daily News before joining The mental crises and political scandal and Post. teaches that fools measure their lives strife. Mr. Breindel is survived by his parents, Dr. in years, while wise people measure Through it all, New Yorkers knew where to Joseph H. and Sonia Breindel of New York them in days. Eric was wise in this re- turn for finely crafted, literate and insight- City, and a sister, Dr. Monique Breindel. spect as he was in so many others. ful commentary. Funeral services will be held tomorrow at As I noted in his funeral on Monday, Eric Breindel is gone now, at much too 11 A.M. at the Park Avenue Synagogue.∑ ‘‘I taught him for two years at Harvard young an age. New York is the poorer for it. f And for us at The Post, who had the honor and learned from him for the next and the pleasure of knowing him, enjoying TRIBUTE TO THE GIRL SCOUTS OF twenty.’’ His passion for the truth, for his company, learning from him, gossiping THE U.S.A. ON THE OCCASION OF justice, for democracy, were all well re- with him—we share the sorrow of his family THE 86TH ANNIVERSARY OF ITS flected in the editorial pages of the and will always treasure the memory of our FOUNDING New York Post, where he presided for dear friend. eleven madcap years as the editorial ∑ Mr. GRAMS. Mr. President, I rise page editor. I ask unanimous consent [From the New York Times, March 8, 1998] today to pay tribute to the Girl Scouts to place in the CONGRESSIONAL RECORD ERIC BREINDEL, 42, COMMENTATOR AND NEW of the U.S.A. on the occasion of the his obituary from The New York Times YORK POST COLUMNIST 86th anniversary of its founding. and the Post’s tribute to this brilliant (By Charlie LeDuff) The Girl Scouts have come a long journalist and passionate American. Eric M. Breindel, the former editorial page way since founder Juliette Gordon Low The obituaries follow: editor for the New York Post and the con- made a phone call to her cousin in 1912, servative moderator of a weekly news show [From the New York Post, March 8, 1998] proclaiming that she had something for on public affairs on the Fox News Channel, all the girls of Savannah, Georgia, and ERIC BREINDEL, 1955–1998 died yesterday afternoon. He was 42. all the girls of America. The phone call Eric Breindel once said that life granted Mr. Breindel, a lifelong resident of New few gifts greater than the ability to influ- York City, died at New York Hospital-Cor- led to the gathering of 18 girls in Juli- ence the political debate in the greatest city nell Medical Center. He was undergoing ette’s backyard to study nature and in the world. He exercised that, influence for treatment for a liver ailment and suffered a learn to play basketball. This was the 10 years as the editor of this column, and his massive hemorrhage, said Lally Weymouth, start of the Girl Scouts of the U.S.A. horribly untimely death yesterday at the age a longtime friend and columnist for The The Girl Scouts spread quickly of 42 robs this city and this nation of one of Washington Post. across the United States, reaching my its wisest young men. Mr. Breindel, a senior vice president of the home state of Minnesota in July 1918, He was, first and forever, a patriot. News Corporation, which owns The Post, was only six short years after its inception. He fiercely contested the claims of those best known for his years as the leader of the who blamed America for all of the planet’s Post’s lively opinion pages, which hold a de- Since then, the Girl Scouts have woes. And he was particularly unforgiving of cidedly conservative edge. evolved into the largest voluntary or- those Americans who served foreign He was hired as the editorial page editor of ganization for girls in the world. The ideologies and interests during times of The Post in 1986 and in January 1997, he left Girl Scouts membership nationwide grave crisis—and who lied about it all after that position to develop strategic policy for consists of over 2.5 million girls be- the emergencies had passed. the News Corporation. He continued to write tween the ages of five and seventeen As might be expected of the son of Holo- a weekly column in The Post and was seen and more than 800,000 volunteers who caust survivors, he had a profound under- by some as a tormentor of liberal politicians. give their time and talents to ensure standing of the importance of a strong state ‘‘Whether he agreed with you or not, you of Israel—not only for Jews, and not only as always knew he listened to you and under- these young women are instilled with an abiding symbol of enlightenment in a sec- stood your point of view,’’ said the City the knowledge that they can do any- tion of the world often sorely in need of such Council Speaker, Peter F. Vallone, a Demo- thing they set their minds to. As for guidance, but also for the furtherance of crat. Minnesota, there are approximately S1902 CONGRESSIONAL RECORD — SENATE March 12, 1998 61,000 girls and 19,000 volunteers associ- my colleagues on this issue. Senator Each year, one million children be- ated with the Girl Scouts. The Girl HARKIN, along with former Senator come regular smokers—and one-third Scouts of the U.S.A joins a worldwide Bradley and others, has made continu- of them will die prematurely of lung family of 9 million girls and adults in ous efforts over the years to com- cancer, emphysema, and similar to- 136 countries as a member of the World pletely eliminate the tax deduction for bacco caused diseases. Unless current Association of Girl Guides and Girl tobacco advertising. And while I con- trends are reversed, five million kids Scouts. cur with Senator HARKIN that the de- under 18 currently alive today will die The Girl Scouts offer, for girls of duction is a questionable use of our tax from tobacco related disease. every background, activities that en- dollars, I would like to emphasize to In my home state of Rhode Island, hance the development of confidence, my colleagues that this bill does not while overall cigarette use is declining determination, and the skills needed to eliminate the deduction for tobacco slightly, it has increased by more than succeed in today’s world. One activity manufacturers, as long as they do not 25 percent among high-schoolers. rich in Girl Scout tradition is the sell- advertise to children. It is far too easy for children to buy ing of Girl Scout cookies. This tradi- Limiting the promotion of tobacco cigarettes and chewing tobacco tion, which began in Philadelphia, has products to children is a necessary part through vending machines and at retail been around since 1934. Many success- of any comprehensive effort to prevent outlets. Despite the fact that it is ful businesswomen today say they got tobacco use by minors. My legislation against the law in all 50 states to sell their start selling Girl Scout cookies. offers a constitutionally sound way to cigarettes and smokeless tobacco to Girl Scouts develop many skills during enforce strong tobacco advertising re- minors, children purchase an estimated the annual cookie sales, such as estab- strictions, with or without federal to- $1.26 billion worth of tobacco products lishing goals, handling money, and the bacco legislation on the proposed to- each year. bacco settlement. satisfaction of finishing a job. THE INDUSTRY’S TRACK RECORD The advertising restrictions con- By cooperating with peers to achieve As we look to a bright future for our tained in our bill are included in S.1638, a common end, Girl Scouts learn valu- children, Congress must learn from the legislation introduced by Senator able lessons in leadership. Countless lessons of the past. Those lessons teach CONRAD, cosponsored by myself and 29 civic, professional, and community us that the tobacco industry made its other Senators. S. 1638 establishes leaders throughout our nation were in- money by marketing cigarettes to chil- strong restrictions regarding the pro- volved in the Girl Scouts of the U.S.A. motion of tobacco products to minors. dren, knowing full well that cigarettes Six of my Senate colleagues here in the Under my bill, if tobacco manufac- are addictive products with severe 105th Congress—BARBARA MIKULSKI, turers do not comply with the proposed health consequences. The proposed set- KAY BAILEY HUTCHISON, CAROL advertising restrictions, the manufac- tlement reached last June is based on MOSELEY-BRAUN, PATTY MURRAY, turer’s ability to deduct the cost of to- the presumption that this industry can SUSAN COLLINS, and MARY LANDRIEU— bacco advertising and promotion ex- and wants to change its corporate cul- were all Girl Scouts. penses would be disallowed. ture—a culture that has yielded incred- Mr. President, for eighty-six years These advertising restrictions are ap- ible revenue by capitalizing on the the Girl Scouts of the U.S.A. have in- propriately tailored to prevent the ad- vulnerabilities of our children. stilled in American youth the qualities vertising and marketing of tobacco to The story of the tobacco industry and of the Girl Scout Law and Promise, minors. The restrictions contained in youth smoking in the United States is which focus on serving God and coun- this legislation are similar to those the story of the advertising industry. try, helping people at all times, being contained in the FDA rule and the In the 1920s, cigarette manufacturers honest and fair, friendly and helpful, June 20 proposed settlement. Key com- solicited doctors to try their products, considerate and caring, courageous and ponents of these restrictions include: a later advertising ‘‘20,679 Physicians strong, responsible and respectful, and prohibition on point of sale advertising Say Luckies are Less Irritating’’ and making the world a better place. These except in adult only stores and tobacco ‘‘For Digestion’s sake, smoke Camels.’’ are truly honorable qualities to live by outlets; a ban on outdoor advertising In a case against Reynolds Tobacco, de- and I am proud to pay tribute to the within 1000 feet of schools and publicly- cided in March 1950, the FTC found young women who honor them daily owned playgrounds, and outdoor adver- that Camel advertisements had been and the volunteers who make the Girl tising beyond those areas restricted to worded in such a way as to declare that Scout program a reality.∑ black-and-white text only; and, a pro- the brand was harmless, and, as such, f hibition on brand-name sponsorship of were false and deceptive. An advertisement in 1953 read: ‘‘This CHILDREN’S HEALTH PRESERVA- sporting or entertainment events. On numerous occasions, tobacco in- is it. L&M filters are just what the doc- TION AND TOBACCO ADVERTIS- dustry executives have indicated that tor ordered.’’ Another advertisement ING COMPLIANCE ACT unless they receive liability protec- from that time period claimed: ‘‘More ∑ Mr. REED. Mr. President, I rise tions, they will continue to advertise Doctors smoke Camels than any other today to announce legislation that as they do now. Today I am offering an cigarette.’’ would amend the Internal Revenue alternative enforcement mechanism And today, we have Winston ads that Code to deny tobacco companies any because failure to act on this issue is a attempt to sound like a health food tax deduction for their advertising and failure to meet the needs of our chil- promotion, proclaiming ‘‘no addi- promotional expenses, when those ads dren. tives.’’ The new Camel ad—‘‘Live Out are aimed at America’s most impres- YOUTH SMOKING Loud’’—is a not so subtle stand in for sionable group, children. Mr. President, the importance of this the ‘‘cool’’ Joe Camel. This bill addresses a key element in issue is enormous. The facts speak for From recently released documents, our ongoing public debate on tobacco: themselves. Today, some 50 million we know that the tobacco industry has industry’s ceaseless efforts to market Americans are addicted to tobacco. One sought to market its tobacco products to children. My legislation can stand of every three long-term users of to- to children for decades. News reports on its own, or can easily be incor- bacco will die from a disease related to disclosed that an RJR researcher porated into a comprehensive tobacco their tobacco use. About 3/4ths (70 per- named Claude Teague had written a bill. With or without Congressional ac- cent) of smokers want to quit, but less 1973 memo that stated ‘‘if our Company tion on the state attorney generals’ to- than one-quarter are successful in is to survive and prosper, over the bacco settlement, it is time for Con- doing so. long-term we must get our share of the gress to put a stop to the tobacco in- Tobacco addiction is clearly a prob- youth market.’’ dustry’s practice of luring children lem that starts with children: almost Documents obtained through the into untimely disease and death. 90 percent of adult smokers started Mangini litigation further document I am pleased to be joined today in in- using tobacco at or before age 18. The these efforts. A Presentation from CA troducing this legislation with Sen- average youth smoker begins at age 13 Tucker, Vice President of Marketing, ators BOXER and CHAFEE, and I would and becomes a daily smoker by age to the Board of Directors of RJR Indus- also like to recognize the leadership of 141⁄2. tries (Sept. 30, 1974) concluded: ‘‘this March 12, 1998 CONGRESSIONAL RECORD — SENATE S1903 young adult market, the 14–24 age such as key chains, and point of sale legislation must meet if it is to be in group. . .represent(s) tomorrow’s ciga- advertising—the kind of items that are the public interest, and if it is to gain rette business.’’ That same presen- most attractive to our children. my vote. McCain-Feingold continues to tation said: ‘‘For Salem, significant CONSTITUTIONAL ISSUES violate these standards, so I have no improvements have been made in the The First Amendment does not enti- choice but to oppose it. advertising, designed for more youth tle tobacco companies to target chil- The standards I believe crucial in adult appeal under its greenery/refresh- dren. The Supreme Court has said that this area, and which this legislation ment theme. These include: more true- commercial speech enjoys only limited violates, are straightforward and relate to-life young adult situations. More protection. It is interesting to note to the right of Americans to express dominant visuals. A greater spirit of that tobacco companies have not chal- their political beliefs and have those fun. . .For Camel Filter, we. . .will lenged the right of the government to beliefs count in federal elections. have pinpointed efforts against young restrict their advertising in other The first principle in this regard pro- adults through its sponsorship of sports ways, such as the 1971 ban on broadcast vides that reform legislation must be car racing and motorcycling.’’ The advertising for tobacco products. consistent with the First Amendment Mangini documents also demonstrate The industry has said that it must be to the Constitution of the United that RJR has been secretly conducting offered liability limits for them to States. I will not support any legisla- extensive surveys of the smoking hab- ‘‘consent’’ to advertising restrictions. tion establishing prior restraint on po- its of teenagers for decades. In effect, the industry is saying, if Con- litical speech or empowering any fed- Given this track record, I am deeply gress wants the companies to stop ille- eral bureaucracy to constrain first skeptical of the tobacco industry and gal efforts to induce children to smoke, amendment rights. Our Constitution’s its willingness to change its behavior. then Congress should protect the in- first amendment, and the guarantees it Yet they say they are willing—my bill dustry from legal action. And the hy- provides for political speech, are fun- will put them to the test. pocrisy of the industry’s position is damental to our system of liberty and BILLIONS SPENT EACH YEAR ON TOBACCO that they would like the immunity republican government. Because ADVERTISING protections in statute but say that the McCain-Feingold allows them to be cir- At every turn, the tobacco industry advertising restrictions ‘‘cannot be im- cumvented, I cannot support this has come up with a slick new way to posed by statute or by rule.’’ amendment. hook kids on tobacco. And we know Some in the industry have suggested The second standard I believe crucial from research that advertising tar- that without liability protections, the in this area is the protection of state geted to children can play a pivotal tobacco industry will continue to mar- and local units of government. I cannot role in an adolescent’s decision to ket to children. A USA Today article support campaign finance legislation if smoke. on February 19, 1998 stated that indus- it impedes or intrudes on the preroga- Through the years, the tobacco com- try spokesman Meyer Koplow ‘‘warned tives of the States and localities with panies have designed a way to attract that the industry might return to prac- respect to how they conduct political generation after generation to smok- tices such as cartoon advertising if campaigns. Because McCain-Feingold ing. Examples of industry practices are Congress fails to grant protection from continues to impose rules on state and endless. Eighty-six percent of underage lawsuits.’’ local governments, I cannot support it. smokers prefer one of the three most The tobacco industry, the advertising The third standard for electoral re- heavily advertised brands—Marlboro, industry, and others have said that form is maintenance of a proper bal- Newport or Camel. they would challenge statutory restric- ance between the first amendment One of the advertising campaigns tions on advertising. While I believe rights of actual candidates and their most markedly aimed at young people that S. 1368 and other proposals do not political parties, and the rights of is the Joe Camel campaign. After RJ violate the constitution, I recognize those who are not directly in the polit- Reynolds introduced this campaign, the uncertainty surrounding the provi- ical arena. McCain-Feingold violates Camel’s market share among underage sions in this and other bills. this standard as well, by tilting the smokers jumped from 3 percent to over What is certain is that Congress has balance strongly in the direction of 13 percent in 3 years. the authority over the tax code. This special interest groups. Although Congress banned cigarette legislation uses that authority to put Increasingly, Mr. President, political advertising on television in 1970, to- an end to the tobacco industry’s prac- candidates and their parties are being bacco companies routinely circumvent tice of targeting children. pushed aside by special interest groups this restriction through the sponsor- Mr. President, I urge my colleagues in the very process of campaigning, a ship of sporting events that gives their to join me in this effort to protect process intended to bring candidates in products exposure through television. America’s children.∑ close touch with their constituents. By Data from the Federal Trade Com- f encouraging this process, McCain-Fein- mission indicates how much the indus- gold actually exacerbates a problem try spends on these activities. Adver- CAMPAIGN FINANCE REFORM that is threatening the very function- tising and promotion expenditures ∑ Mr. ABRAHAM. Mr. President, I rise ing of our republican form of govern- have increased tenfold since 1975. In today to express my opposition to the ment. 1975, the industry spent $491 million. In McCain-Feingold Campaign Finance As an example of this phenomenon, I 1995 alone, tobacco manufacturers Reform amendment. would like to mention certain political spent $4.9 billion on advertising and First, I would like to point out that advertisements taken out recently by promotional expenditures. I consider myself, like many members campaign reform groups in my own The federal government subsidizes of this Chamber, on the side of election state of Michigan. These advertise- tobacco advertising through a tax de- reform. But, in my view, that reform ments singled out this Senator for crit- duction (generally a 35% deduction) for must be crafted in such a way as to icism because of my opposition to this advertising expenses. In 1995, this sub- bring representatives closer to their particular amendment. Ironically, had sidy cost the American taxpayers ap- constituents, not further open what is McCain-Feingold been in effect at this proximately $1.6 billion. In terms of in many cases an excessively wide gap. time, it is likely that the Michigan Re- lost revenues to the Federal Treasury, It was because of my commitment to publican party would have been incapa- it is certainly not an insignificant effective electoral reform that I voted ble of answering these misleading ad- amount of money. against this package the last time it vertisements. I would have been forced In effect, the federal government is reached the floor. Further, Mr. Presi- to look to other outside sources to subsidizing the industry’s advertising dent, none of the changes this package mount a response, diluting the proper costs. For example, in 1995, the cost of has undergone lead me to believe that influence of the state party. the cigarette advertising deduction I should change that vote. On more Fourth, Mr. President, campaign fi- covered the total amount spent by the than one occasion I have come to the nance reform must be balanced, not fa- industry on coupons, multi-pak pro- floor to outline the standards which I voring or punishing any one particular motions, and retail value added items, believe any campaign finance reform party. In violation of this standard, S1904 CONGRESSIONAL RECORD — SENATE March 12, 1998 McCain-Feingold would enhance the side the state. In addition, donations Instead of focusing exclusively on ability of the Democratic Party to from political action committees, be passing legislation that will supposedly raise funds from its traditional they in-state or out-of-state, would be save us from ourselves, I believe it is sources, while disproportionately lim- capped at 20 percent of the campaign incumbent upon each of us to under- iting the Republican Party’s ability to total. take those actions we determine to be do the same. In addition, Mr. President, this most appropriate in addressing current Finally, Mr. President, I strongly be- amendment would provide for full and perception problems. Each of us should lieve that any campaign finance reform immediate disclosure, within 48 hours, strive to set an example of good con- must address the increasing reliance of of all expenditures and contributions duct, regardless of what the campaign candidates on contributions from peo- by campaigns, national party commit- finance laws might permit. ple who are not their constituents. tees, state parties and groups or indi- This practice, which McCain-Feingold viduals paying for independent expend- If, for example, we think it is wrong does nothing to stop or curtail, sepa- itures. Like the amendment’s other to receive a disproportionate amount rates candidates from their proper loy- provisions, this aims to empower vot- of our campaign contributions from alty to their constituents and dilutes ers by keeping them fully informed as outside our States, we should simply the voice of the people—a voice that to the sources of candidates’ contribu- stop doing so. Similarly, if we believe must be heard for our system of gov- tions and support. The amendment’s that independent committees operat- ernment to function as it was intended. provision increasing the amount an in- ing on our behalf, or in support of our This last standard is crucial, in my dividual may contribute to a federal efforts, are acting inappropriately, we view, and I have joined with Senator candidate to $5,000 per election also should say so, clearly, publicly and HAGEL in drafting an amendment to ad- would level the playing field between without hesitation. individuals and special interests. To dress it. When I travel around my The real test of our convictions re- level the playing field between incum- State, conducting town meetings, the garding campaign finance reform will bents and challengers, without inter- issue of campaign finance reform is not take place on this floor, Mr. Presi- fering with representatives’ duties, the often raised. And, when I ask people dent, but in our home states. Each of what disturbs them the most in this amendment also would limit Congres- sional use of the franking privilege. us must take action, independent of area, on almost every occasion I hear federal legislation, to mold our actions the same answer, that individuals, po- Finally, this amendment would es- tablish once and for all that accepting in accordance with our fundamental litical action committees, and special principles. That means, for example, interest groups not even based in any contribution in a federal building that, should I decide to seek re-elec- Michigan are bank-rolling Michigan is illegal. This amendment, in my view, would tion, I will continue the practice I es- Congressional campaigns. Mr. President, I have not conducted a help rebuild the necessary connection tablished during my first Senate cam- thorough study of the particulars of between political candidates and their paign: I will unilaterally limit the flow outside contributions, but I do know constituencies—the tie on which our of PAC and out-of-state dollars to my that a significant proportion of the freedom relies, and which the bulk of campaign. Should this practice put me money flowing into almost every fed- McCain-Feingold would only weaken at an electoral disadvantage, so be it. further. eral campaign comes from individuals Reliance on my constituents for the Let me comment briefly now, Mr. who are not the constituents of the bulk of my campaign financing is a President, on the legislation the particular elected officials who benefit. principle too important to me to let go McCain-Feingold amendment seeks to of under any circumstances. In fact, a number of members of the replace. I understand that the Majority House and Senate actually receive the Leader’s bill provides paycheck protec- I hope my colleagues will join me, majority of their funding from people tion for workers, thereby protecting not only in pursuing fundamental elec- they do not even represent. American workers’ first amendment toral reform that maintains respect for I am convinced, Mr. President, that right to support the candidates of their first amendment rights and strong re- this reliance on non-constituent fund- own choosing, as well as redressing lations between representatives and ing for federal campaigns is at the root some of the current imbalance in cam- their constituents, but also in acting of current public dissatisfaction with paign financing. But, while supporting on these principles themselves in the our electoral system. Certainly, people the idea of paycheck protection as a immediate future.∑ are concerned regarding large con- matter of fundamental fairness, I do tributions to the national parties, be not believe that it provides sufficient f they from individuals, corporations or protection for the interests of in-state labor unions. But more distressing, in constituents. The bill, while it aims at my view, is the financing of elections TROPICAL FOREST CONSERVATION a worthy goal, is not in my view suffi- ACT OF 1998 by people and organizations from out- ciently broad to constitute full and side states. satisfactory campaign finance reform. ∑ Mr. MOYNIHAN. Mr. President, I rise Clearly, the first amendment places I look forward to working with the today to join my colleagues in support constraints on any attempt to address Majority Leader and my colleagues in of the Tropical Forest Conservation this glaring problem. But I believe it is crafting comprehensive campaign fi- Act of 1998. This important legislation possible to craft legislation protecting nance reform, in keeping with the prin- addresses the perils of environmental the rights of political speech while also ciples I have laid out today. degradation and, to a limited extent, limiting the influence of non-constitu- But I would urge my colleagues not the pressures of third world debt. ent campaign money. That is why I to wait for Congressional action to have joined with Senator HAGEL to file change their own campaign finance As some of the other co-sponsors of an amendment to the pending bill, lim- practices. this legislation have noted, tropical iting the amount of non-constituent I for one do not for a moment believe forests around the globe are disappear- money a candidate for federal office that members of the body would ing at an alarming rate. Economic may receive. change their votes or their fundamen- pressures are nearly always the under- Rather than limiting the ability of tal political beliefs in pursuit of cam- lying cause. Rural populations con- individuals or organizations to have paign dollars. Nonetheless, public con- strained by poverty engage in destruc- their voices heard, this amendment fidence in our electoral system de- tive short-term exploitation of timber. would limit a candidate’s ability to de- mands that we eliminate any appear- Growing populations result in growing pend on non-constituent sources for ance of impropriety in campaigning. land use pressures, often causing large campaign financing. Specifically, it This requires, in my view, that mem- tracts of forested land to be clear cut would cap at 40 percent the total bers of this body reject the argument and converted to agricultural uses. Yet amount of money a candidate’s cam- that they cannot ‘‘unilaterally disarm’’ in most cases, there are opportunities paign can accept from individuals or by voluntarily reforming their own to redirect development toward a sus- political action committees from out- conduct. tainable course. March 12, 1998 CONGRESSIONAL RECORD — SENATE S1905 The legislation we are introducing tration of the conservation projects in gressman JAMES P. MCGOVERN. More than today responds to some of these oppor- its charge. We must ensure that the or- ever, the Pell Grant is the backbone of post- tunities, by establishing a new pro- ganizations administering the con- secondary access for low-income students. gram for debt-for-nature swaps be- servation efforts established through Because community colleges serve the high- est low-income enrollment, their students tween the United States and the tropi- this legislation have the requisite benefit least from Hope scholarships and the cal developing countries of Africa and knowledge and technical expertise to other educational tax incentives enacted last Asia. manage their charges effectively. year. The Tropical Forest Conservation Second, a cautionary note is in order —The 5,500 Income Protection Allowance Act of 1998 builds upon the Enterprise regarding limitations on the mag- for independent students, as provided in the for the Americas Initiative (EAI) first nitude of these projects. Ultimately, House subcommittee draft of the HEA, giv- established under the Bush Adminis- debt-for-nature exchanges imply that ing the independent students equal footing tration. The EAI created a system by the local government must print local with dependent students in award computa- which Latin American and Caribbean currency bonds, and eventually these tion. will increase a country’s money sup- —The promise of Pell Grants as early as governments could restructure some of the sixth grade to students in impoverished their official debt to the United States, ply—thus creating inflationary pres- communities who finish high school, as pro- on the condition that funds be estab- sures. At the request of the Costa posed by Congressman CHAKA FATTAH in H.R. lished in local currency to support en- Rican government, the Nature Conser- 777. vironmental conservation. vancy commissioned a study to assess —The provision of child-care assistance to The idea of linking debt to conserva- the potential inflationary impact of colleges serving the larger Pell Grant enroll- tion, often referred to as ‘‘debt-for-na- debt-for-nature swaps. This study con- ments, as proposed by Senators CHRISTOPHER ture swaps,’’ was first articulated in cluded that if Costa Rica were to spend DODD, EDWARD KENNEDY, and OLYMPIA SNOWE $50 million in local currency generated in S. 1151. The bill recognizes that ‘‘students 1984 by Dr. Thomas Lovejoy, then a who are parents and receive campus-based vice president of the World Wildlife by debt-for-nature exchanges each child care are more likely to remain in Fund. In early 1986, Costa Rica an- year, the inflationary impact would be school, and to graduate more rapidly . . . nounced the first transaction based on less than 0.5 percent. Although this fig- than students who are parents (without) this premise. The Costa Rican plan in- ure may appear negligible, inflationary campus based child care. For parents jug- volved a debt-for-equity swap in which pressures may become significant if a gling family, school and employment, the the Northeast Bank of Minnesota was large fraction of a nation’s debt is in- convenience of child care is crucial. A col- allowed to exchange $10 million in volved in a debt-for-nature exchange. lege could become eligible for successive three-year grants under the bill, if Pell Costa Rican debt titles for an equity By incorporating the lessons we have learned through earlier debt-for-nature Grants totaled $1 million or more in the pre- position in Portico, a local door manu- ceding fiscal year. ASACC urges that small facturing industry with considerable projects in Latin America, I am con- colleges whose yearly Pell total is under $1 export potential. Local currency bonds fident that we will ensure the success million also be made eligible for such grant, provided by the central bank of Costa of such exchanges in tropical develop- provided half or more of their eligible stu- Rica were used to purchase nearly 5,000 ing countries of Asia and Africa. dents are receiving Pell Grants. We do not hectares of forest, which was held in Mr. President, I am pleased to be a want to see small rural colleges arbitrarily trust by the government to ensure sus- co-sponsor of this important legisla- excluded from the program. tainable forest management practices. tion, which will help third world na- Mr. WELLSTONE. It is refreshing to Since the 1986 Costa Rica trans- tions to develop in a sustainable, envi- meet a student group with its legisla- action, the idea of converting commer- ronmentally-minded fashion. I encour- tive message so clearly focused. As the cial debt into local currency instru- age my colleagues in the Senate to consumer voice of higher education’s ments for conservation projects has lend their support to this effort.∑ largest sector, the community college gained momentum, and more than a f students, nearly 12 million strong in dozen countries in Latin America have AMERICAN STUDENT ASSOCIATION annualized enrollment, represent, in a approved similar projects. Costa Rica OF COMMUNITY COLLEGES very large degree, the economic future has gone on to negotiate other debt- of our nation and our workforce. I urge for-nature swaps with the governments ∑ Mr. WELLSTONE. Mr. President, it my colleagues to heed their message.∑ was my pleasure this week to address of Sweden and the Netherlands. The f success of these projects in Costa Rica, the 15th annual Washington conference UNANIMOUS-CONSENT AGREE- and elsewhere in Latin America, make of the American Student Association of MENT—NOMINATION OF FRED- them models for potential projects Community Colleges. I ask to have ERICA MASSIAH-JACKSON elsewhere on the globe. printed in the RECORD the students’ The Tropical Forest Conservation statement of priorities for the reau- Mr. MURKOWSKI. Mr. President, on Act is designed to spur new debt-for- thorization of the Higher Education behalf of the majority leader, as in ex- nature exchanges in areas outside of Act. ecutive session, I ask unanimous con- Latin America—namely, in the tropics The statement follows: sent that at 12 noon on Monday, March of Asia and Africa. The new conserva- STATEMENT OF ASAAC 16, the Senate proceed to executive ses- tion projects which are established as a As a voice of the nation’s largest post-sec- sion to consider the nomination of result of this legislation will benefit ondary student body, the American Student Frederica Massiah-Jackson to be a U.S. Association of Community Colleges thanks from the lessons learned through the the Congress for last year’s 12 percent in- district judge, and it be considered earlier Latin American projects. Two crease in the Pell Grant, and for extending under the following agreement: important lessons are illustrated by employee educational assistance (tax code There be 6 hours of debate on the the Costa Rican experience. section 127) into the new century. Both pro- nomination on Monday, March 16, to be First, experience has taught us the grams are proven cornerstones of advanced equally divided in the usual form, with importance of the local organization work force training, which grows steadily in a vote to occur on or in relation to the administering the conservation pro- importance to American economic competi- nomination at 10 a.m. on Tuesday, gram. Non-governmental organizations tiveness. To ensure a high standard of living, March 17. a work force with cutting-edge skills will al- sometimes lack the technical and ad- ways be essential. The PRESIDING OFFICER. Without ministrative expertise necessary for ef- More and more Americans look to their objection, it is so ordered. fective management of a large con- community colleges for such skills. Employ- f servation effort. In Costa Rica, the ers who offer tuition assistance report that debt-for-nature program has been car- community colleges are the most frequent ORDERS FOR FRIDAY, MARCH 13, ried out through the National Park choice of employees using this training in- 1998 Foundation. The respectability of this centive. With this in mind, ASACC urges the Mr. MURKOWSKI. Mr. President, on foundation, and its commitment to en- House and Senate to enact these priorities in behalf of the majority leader, I ask the reauthorization of the Higher Education vironmental education, ecological Act: unanimous consent that when the Sen- tourism and scientific research largely —The $5,000 Pell Grant maximum advo- ate completes its business today it contributed to its successful adminis- cated by Senator PAUL WELLSTONE and Con- stand in adjournment until 9:30 a.m. on S1906 CONGRESSIONAL RECORD — SENATE March 12, 1998 Friday, March 13, and immediately fol- PROGRAM For the information of all Members, lowing the prayer the routine requests one or two votes can be expected to through the morning hour be granted Mr. MURKOWSKI. Mr. President, on occur during Monday’s session of the and the Senate immediately proceed to behalf of the majority leader, tomor- Senate beginning at approximately 5:30 a vote on S. Con. Res. 78, a resolution row the Senate will resume consider- p.m. ation of S. Con. Res. 78, a resolution re- regarding Saddam Hussein, as under f the previous order at the hour of 9:30. garding Saddam Hussein, with a vote The PRESIDING OFFICER. Without occurring on the resolution to begin at ADJOURNMENT UNTIL 9:30 A.M. objection, it is so ordered. 9:30 a.m. Following the vote, the Sen- TOMORROW Mr. MURKOWSKI. I ask unanimous ate will be in a period of morning busi- Mr. MURKOWSKI. Mr. President, if consent that following the 9:30 a.m. ness with Senator BENNETT being rec- there is no further business to come be- vote, the Senate proceed to a period of ognized for 45 minutes. During Friday’s fore the Senate, I now ask unanimous morning business with Senator BEN- session, the Senate may also begin con- consent that the Senate stand in ad- NETT immediately being recognized for sideration of S. 270, the Texas low-level journment under the previous order. up to 45 minutes. radioactive waste, Senate bill 414, the There being no objection, the Senate, The PRESIDING OFFICER. Without international shipping bill; and/or H.R. at 5:37 p.m., adjourned until Friday, objection, it is so ordered. 2646, the A+ education bill. March 13, 1998, at 9:30 a.m.