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