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

Vol. 144 WASHINGTON, WEDNESDAY, MARCH 11, 1998 No. 25 Senate The Senate met at 9 a.m. and was RECOGNITION OF THE ACTING period for the transaction of morning called to order by the President pro MAJORITY LEADER business not to extend beyond the hour tempore [Mr. THURMOND]. The PRESIDENT pro tempore. The of 11 a.m., with Senators permitted to able acting majority leader is recog- speak therein for up to 10 minutes nized. each. PRAYER f Under the previous order, the Sen- ator from North Dakota, Mr. CONRAD, The Chaplain, Dr. Lloyd John SCHEDULE Ogilvie, offered the following prayer: is recognized to speak for up to 30 min- Mr. ALLARD. Mr. President, on be- utes. Almighty God, Sovereign of history half of the majority leader, I announce f and personal Lord of our lives, today that today the Senate will be in a pe- we join with Jews throughout the riod of morning business until 11 a.m. NATIONAL TOBACCO POLICY world in the joyous celebration of to accommodate a number of Senators Mr. CONRAD. Mr. President, I am Purim. We thank You for the inspiring who have requested time to speak. At coming to the floor this morning to ad- memory of Queen Esther who, in the 11 a.m., the Senate will resume consid- dress the question of national tobacco fifth century B.C., threw caution to the eration of S. 1173, the highway bill. It policy. I was asked last year by the wind and interceded with her husband, is hoped that the donor amendment Democratic leadership to chair the the King of Persia, to save the exiled will be available to be offered at 11 Senate Democratic task force on to- a.m., followed by the finance title. Jewish people from persecution. The bacco legislation. After adoption of the finance title, it Today, we have 31 cosponsors of our words of her uncle, Mordecai, sound in will be the majority leader’s intention bill called the HEALTHY Kids Act. The our souls: ‘‘You have come to the king- to conduct the cloture vote that had purpose of this legislation is, first of dom for such a time as this.’’—(Esther previously been postponed by unani- all, to reduce teen smoking, because we 4:14) mous consent. believe that is the overarching prior- Lord of circumstances, we are moved With that in mind, Members should ity, and to protect the public health. profoundly by the way You use individ- anticipate a very busy voting day, with The HEALTHY Kids Act represents uals to accomplish Your plans and ar- votes occurring in the evening. We will responsible tobacco policy. As I have range what seems like coincidence to attempt to complete action on the said, it protects children; it promotes bring about Your will for Your people. highway bill. the public health; it helps tobacco I yield the floor, and I suggest the ab- You have brought each of us to Your farmers who are completely left out of sence of a quorum. kingdom for such a time as this. You the proposed settlement. It resolves The PRESIDING OFFICER. The Federal, State, and local claims whisper in our souls, ‘‘I have plans for clerk will call the roll. against the tobacco industry. It invests you, plans for good and not for evil, to The assistant legislative clerk pro- in children and health care, and it pro- give you a future and a hope.’’—(Jere- ceeded to call the roll. vides savings for Social Security and Mr. CONRAD. Mr. President, I ask miah 29:11) Medicare, and it reimburses taxpayers unanimous consent that the order for Grant the Senators a heightened for the costs that were imposed on the quorum call be rescinded. sense of the special role You have for them by the use of these tobacco prod- The PRESIDING OFFICER (Mr. AL- ucts. each of them to play in the unfolding LARD). Without objection, it is so or- drama of American history. Give them dered. Importantly, the HEALTHY Kids Act also does not provide special protection a sense of destiny and a deep depend- f ence on Your guidance and grace. to the tobacco industry. The RESERVATION OF LEADER TIME HEALTHY Kids Act protects children Today, on Purim, we renew our com- The PRESIDING OFFICER. Under in several different ways. First, it pro- mitment to fight against sectarian in- the previous order, leadership time is vides for a healthy price increase on to- tolerance in our own hearts and reli- reserved. bacco products. The reason for that is, gious persecution in so many places in f all of the experts that came and testi- our world. This is Your world; let us fied before our task force—and we had not forget that ‘‘though the wrong MORNING BUSINESS 18 hearings and we heard from over 100 seems oft so strong, You are the Ruler The PRESIDING OFFICER. Under witnesses—said that first and most im- yet.’’ Amen. the previous order, there will now be a portant in any comprehensive strategy

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

S1715 S1716 CONGRESSIONAL RECORD — SENATE March 11, 1998 to protect the public health is to have taurants with seating for less than 50 bacco farmers. They deserve to have a healthy price increase, that children people, non-fast-food franchise type some consideration of their economic who are the most vulnerable, children restaurants. We did that because the plight. We provide $10 billion over 5 who, after all, are the people who keep experts told us that compliance would years for assistance to farmers and the tobacco industry going because if be an issue. It is very difficult on an their communities, and we authorize you don’t start when you are young, economic basis for some of these very funding for transition payments to you don’t start—ninety percent of small restaurants to adjust to a smoke- farmers and quota holders, rural and smokers start before the age of 19. free requirement. We have also exempt- community economic development ef- Nearly half start before the age of 14. ed prisons, tobacco shops, and private forts, retraining for tobacco factory Once started, it is very hard to quit. So clubs. We have also said there will be workers and tobacco farmers. It’s even if you are going to have an effective, no State or local preemption. The Fed- authorized to have college scholarships comprehensive strategy, you have to eral Government is not going to go for farm families who are adversely af- do lots of different things. One of them into a jurisdiction and say, ‘‘You do it fected by this tobacco legislation. is to have a healthy price increase. our way and that’s it.’’ We have al- The HEALTHY Kids Act provides for Second, we provide for full FDA au- lowed local jurisdictions to have no immunity for the tobacco industry. thority. The Food and Drug Adminis- stronger regulations if they so choose. This is also an area of great con- tration ought to have the ability to The second major element of promot- troversy and great debate. The tobacco regulate this product just as they regu- ing the public health is to provide for industry is coming to us and saying, late other drugs that are brought to document disclosure. This is an area of look, we will not agree to any restric- market. real controversy. What documents tions on our advertising or marketing Third, our legislation provides for ought to be disclosed? We believe there unless you give us special legal protec- strong look-back penalties. Look-back is a public right to know, that the pub- tion—legal protection, by the way, penalties is a simple way of saying you lic ought to be able to have access to that has never been granted to any set a goal for reduction of teen smok- the documents that are being revealed. other industry ever. That is what they are asking for. They are saying they ing, and if there is a failure to reach We see in Minnesota a major con- have to be given a special shield. They those goals, the industry pays a pen- troversy now about what documents are saying that they want a whole se- alty. are going to be released. We hope and ries of legal actions to be barred, such In the proposed settlement, the goal trust that ultimately all of the rel- as government actions—all government is to reduce teen smoking by 60 percent evant documents will be made avail- actions barred under the terms of this over 10 years. In our legislation, our able for the public, so that they know proposed settlement; all actions that goal is to reduce teen smoking by 67 what has happened in the past, what involve addiction or dependency are percent over 10 years. As an incentive has been the behavior of this industry, barred under the provisions of the pro- to the industry to accomplish those and what has been the effect of their posed settlement; they bar all class ac- goals, we put in these so-called look- products. tions under the proposed settlement, back penalties in our legislation, and We provide that all documents be dis- such as consolidations and other meas- that is 10 cents a pack industrywide. If closed to the FDA. We believe that is ures to make legal actions move more the industry fails to achieve the goals, an appropriate policy. The FDA would efficiently through the courts; all third it is 40 cents a pack on the individual make public all documents. The public party claims are barred under the pro- companies that fail to meet the goals health interest overrides trade secret posed settlement. And the list goes on. that are set in the legislation. We also or attorney-client privileges. We do un- Special protections are afforded this provide for comprehensive antitobacco derstand that there are special cat- industry not only for their past wrong- programs because, again, the experts egories, such as attorney-client privi- doing, but also for any potential future who came before our task force said: lege and trade secrets. We have pro- wrongdoing—special protections never You have to have a comprehensive vided for those things, if in the FDA’s afforded any other industry at any plan. It is important, yes, to increase judgment they can be protected and time. That is wrong. That is wrong. It price, to have strong look-back pen- not in any way compromise the public is not just my view that it is wrong; it alties, but it is also critically impor- health for those documents to remain is the view of the American people that tant that you have counteradvertising privileged. it is wrong. They don’t think this in- and smoking cessation and smoking We also provide for international to- dustry ought to be given special pro- prevention programs. bacco marketing controls and no pro- tection. They remember the history of All of those are included in the motion of U.S. tobacco exports. I think this industry. They remember the to- HEALTHY Kids Act. Then we have a it’s important to acknowledge that the bacco executives coming before Con- section on retailer compliance, and we Federal Government is not doing that gress and putting up their hand and have a provision for State licensure at this time. But it has done it in pre- swearing under oath that their prod- and no sales to minors. vious administrations. We think it ucts have not caused health problems, The HEALTHY Kids Act promotes ought to be codified, the current pol- when we now know that they do. They the public health. It does that in a se- icy, so that we are not promoting to- remember the tobacco industry coming ries of ways. First of all, it addresses bacco products overseas. We also pro- before Congress and swearing under the issue of secondhand smoke. We vide for a code of conduct that the in- oath that their products were not ad- cover most public facilities, providing dustry would be asked to make a com- dictive, when we now know they are. that they will be smoke free; although, mitment that they would not have They remember the tobacco industry if you are in a building and it is prop- marketing to foreign children. We also coming before Congress and saying erly ventilated, a special place for have modest funding for international their products were never manipulated smokers which is separate from others tobacco control efforts, and we require to have even greater addiction, when who don’t choose to be exposed to sec- warning labels. If the country that is we now know they did that precisely. ondhand smoke, that is something that having tobacco products from the And the American people remember is in the legislation. So there is a pro- United States marketed in their coun- this industry coming to Congress and vision for smoking areas in public fa- try has their own warning labels, then saying they have never targeted kids, cilities. that applies. If they have no require- when we now know that they have. We also have broad exemptions. We ment for a warning label, then the U.S. American people remember that full exempt bars, casinos, bingo parlors, label applies. well. hotel guest rooms. Let me be clear. The HEALTHY Kids Act helps to- So when the tobacco industry comes That simply means not all hotel guest bacco farmers. In the settlement, the now and says to us, unless you give us rooms are exempt. If you have a hotel tobacco farmers were just left out. these special protections, we will not and you have some rooms that are Clearly, if you are going to reduce agree to restrictions on advertising and smoking rooms and some that are non- smoking in this country and reduce it, marketing, the American people are smoking, that is certainly acceptable. hopefully, substantially over time, very skeptical. And they should be, be- We exempt non-fast-food small res- that is going to have an effect on to- cause the fact is you don’t need to give March 11, 1998 CONGRESSIONAL RECORD — SENATE S1717 this industry the kind of special pro- not. They would be helped by having cluding that attorney fees that are in tection that it seeks in order to re- consent decrees signed by the industry. dispute ought to be resolved by arbitra- strict advertising. That is abundantly But we need to understand that even if tion panels using ABA ethical guide- clear from the research of our task the industry signs them—the manufac- lines for legal fees. force. turers, and others affected by those Mr. President, there is no question Mr. President, when I say it is abun- consent decrees—they may challenge that some law firms are in a place to dantly clear you don’t have to give their constitutionality. For example, potentially secure truly windfall fees. them those kinds of restrictions, let the advertising industry could go to We concluded that is not right; that me say why that is the case. court and challenge the constitutional- just cannot be the ultimate outcome First of all, many advertising restric- ity of some of the restrictions; the con- here. But where there is an agreement tions are constitutional without any venience store industry could chal- between those who hired attorneys and agreement from the industry. Those re- lenge the constitutionality of some of the attorneys themselves, where there strictions provided for in the FDA rule, these restrictions. So, ironically, we is an agreement, the Federal Govern- for example, were crafted to withstand could be faced with the worst of both ment shouldn’t intervene. But where any constitutional challenge. So those worlds. there is a dispute and a difference, restrictions clearly could be put in If we buy what the industry is telling those disputes ought to go to arbitra- place and withstand constitutional us and we give them the special protec- tion panels, and they ought to make challenge. tions that they seek in exchange for re- the determination based on the ABA Second, additional restrictions could strictions on advertising and their con- ethical guidelines for what the fee con- be put in place and also withstand any sent to those restrictions, and later clusion should be. constitutional scrutiny. For example, those restrictions are challenged by We believe in a case like Florida in Baltimore they went beyond the re- third parties and found to be unconsti- where you have a dispute, that ought strictions on billboard advertising that tutional, Congress will have bought a to go to an arbitration panel, and they are contained in the FDA rule. In fact, pig in a poke. We will have given spe- ought to be empowered to make a deci- they banned outdoor advertising for al- cial protection, and then we could face sion of what is a reasonable fee based cohol and tobacco products. That has the prospect of those restrictions being on the difficulty of the case, based on been upheld in the fourth circuit, and held unconstitutional. And we would the investment of those who brought the U.S. Supreme Court refused to hear have lost on both ends of the bargain. the action, and based on the recovery, a review of that case. So it is clear that Mr. President, I submit to you, that based on the ABA’s own ethical guide- additional restrictions beyond those would be a profound mistake and it is lines for settling fee disputes. Mr. President, the HEALTHY Kids contained in the FDA rule could also a mistake we should not make. be put in place and withstand constitu- I was very pleased to see that Speak- Act invests in children and health, sav- ings for Social Security and Medicare, tional challenge. er GINGRICH yesterday was reported to Third, I think it should be kept in have said that he didn’t think we need- and reimburses taxpayers at the Fed- mind that it is possible for the indus- ed to pay the tobacco industry to pre- eral and State and local levels for costs try to sign consent agreements without vent them from continuing to advertise that have been imposed on them. Our legislation provides that 41.5 per- giving them the special protection that and addict our kids. He is right. He is cent of all the revenue would go to the they are seeking. For example, the exactly right on that score. We don’t States; 27 percent would go for improv- HEALTHY Kids Act says that we will need to be giving special protection to ing children’s health care and child resolve the State and local claims that this industry, of all industries, in order care and education; 14.5 percent of the are outstanding; we will resolve any to get something that in the end may total would go to the States on an un- potential Federal claim. And I believe prove to be illusory. restricted basis. After all, they brought on that basis the industry, when pre- Mr. President, I point out to you that these lawsuits and have negotiated sented with the choice, if this legisla- the American people feel strongly with the industry to this point. We tion were to pass, would sign those about these issues as well. Voters are think it is appropriate that they consent agreements, and they would opposed to providing special protection should get this share of the total. sign them ‘‘Jimmy crack quick,’’ be- to the tobacco industry by 55 to 32. Let We also provide that antitobacco pro- cause they would have resolved the me say that the question that was put grams would get 15.5 percent of the legal actions that have, after all, to them was a good deal more favorable money. Those are smoking cessation brought us to where we are today. to the industry than the wording on programs, counteradvertising pro- Fourth, I think it is important also this chart. They spelled out what the grams, smoking prevention programs, to remember that what we are faced restrictions would be. If you ask them and we provide that NIH health re- with here is an unusual circumstance. about giving special protection to this search would get about a fifth of the We have, I believe, a situation where, industry, the numbers are much more money—precisely 21 percent. We also in signing a consent decree, we could dramatic, because the American people concluded that when you get a wind- wind up having the industry sign con- are smart. They certainly don’t know fall, you don’t spend it all; you don’t go sent decrees in exchange for restricting all the details of every bill that is up and spend all the money; some of it their advertising. We might be buying here on tobacco—they have other you save. So we have started by put- a pig in a poke. Let me say why that is things to be doing in their lives—but ting 4 percent of the money into Medi- the case. they know the history of this industry, care. That grows to 10 percent over The legal experts that came before and they don’t believe this industry time as the demography of the country our task force were very clear. They ought to be given special protection. changes and more demands are put on said yes, it would improve the chances Mr. President, no immunity. That is the Medicare System and Social Secu- of advertising restrictions—at least what the HEALTHY Kids Act pro- rity. We provide that 6 percent of the some advertising restrictions—to have vides—no special protection for future money initially goes to that use. That the industry sign consent decrees. So misconduct; no special protection grows to 12 percent over time. they were agreeing to those limita- against individuals redressing griev- So ultimately we are saving 22 per- tions. But they also told us, and they ances through filing legal actions of cent of the money by putting it into warned us, that even if the manufac- their own; we do resolve the outstand- Medicare and Social Security to turers signed those consent decrees, ing Federal, State, and local legal strengthen those programs. We think third parties could come and challenge claims; we also provide that States can that is a wise use of the money. the constitutionality of some of these opt out of the money at the Federal Finally, initially farmers will get 12 restrictions. level and continue their own lawsuits; percent of the money. That is phased Again, I want to make clear that we provide that cities and counties get out over time. But we acknowledge many of the restrictions that are pro- a fair share of any reimbursement that that they were left out of the proposed posed in our legislation and in the pro- goes to the States. settlement and ought to be considered. posed settlement will withstand any On the controversial question of at- In terms of a comparison of how the constitutional challenge. Some may torney fees, we resolve that by con- money is spent—the President’s bill S1718 CONGRESSIONAL RECORD — SENATE March 11, 1998 compared to what we have proposed—I We have met the five principles laid She was then followed by a big tough would offer the following: out by the President. We have met the guy, a coach. He was a big, tough strap- Our total revenue is $82 billion over 5 eight goals laid out by Dr. Koop and ping guy, but you could hardly hear years. The President’s budget provides Dr. Kessler. We believe that the provi- him when he testified. He spoke in a about $65 billion. Under our formula, sions here are strongly supported by raspy voice. This big, tough guy could $12 billion would go to the States unre- the American people. We did national hardly be heard because he spoke in a stricted. That is just somewhat more polling to see if we were in sync with raspy voice, and he explained that he than the President’s $11.8 billion. The what, in fact, the American people be- had a laryngectomy. His larynx had States, for improving children’s health lieve. Let me show you what they told been cut out because it had been filled care and child care, education, would us. with cancer after a lifetime of smok- get $22 billion under our proposal com- They want a significant per-pack ing. He told the members of the com- pared to the President’s $15.7 billion. price increase. They believe that it is a mittee of the terror he felt when he Research under our proposal: NIH part of a comprehensive strategy. They was given the diagnosis. He told those would get $17 billion over the 5 years; support strong look-back penalties. of us who were there listening the pro- the President had $25.3 billion for re- And they say there should be no special found regret he had that he hadn’t lis- search; $17 billion—the same $17 billion protections for this industry. If you go tened to the warnings of those who told that we had—for NIH health research, to the polling data directly, what one him of the dangers of smoking. but he had $8 billion for nonhealth re- finds is that the voters support a $1.50 This man was a coach and an assist- search. And we believe that really health fee to reduce youth smoking ant principal, and he told us that every and they support it on a very, very more appropriately should be funded day he goes to school and sees young high level. Mr. President, 65 percent of elsewhere, should not be funded out of people doing what he did, taking up the the American people support a $1.50-a- this stream of revenue. habit. He recalled once he had taken it Medicare: We provided $3 billion ini- pack health fee; 65 percent favor it, up how hard it was to quit, he would tially; the President, $800 million. only about 30 percent oppose. Mr. quit for awhile but he would always go Farmers would get $10 billion under President, 65 to 35 percent, people say back to it, and how he hoped that some our proposal in the first 5 years, and yes, let’s put in a $1.50-a-pack health of these young people would learn from $13 billion would go for antitobacco fee. And this is on a completely bipar- his experience. programs, compared to the President tisan basis. There is almost no dif- Mr. President, when you listen to the providing $12 billion for both of those ference between Democrats and Repub- victims you cannot help but be moved uses. licans on this question. In fact, you can So we have provided $10 billion for see here: Health fee, $1.50—the blue are by how serious a threat tobacco usage farmers and $13 billion for the Democrats; 69 percent of Democrats is to the public health of our country. antitobacco programs, for a total of $23 support that, and 67 percent of Repub- We ought to do something about it. We billion. The President didn’t break that licans support a $1.50-a-pack-health fee. have that chance this year. category down; he just provided a total This was done by the well-known na- I yield the floor. of $12 billion for both. tional polling firm, Lake, Sosin, Snell, Mr. President, I suggest the absence Finally, in Social Security: We put $5 Perry and Associates. of a quorum. billion in the first 5 years; the Presi- There is also strong public support The PRESIDING OFFICER (Mr. dent doesn’t use any of these proceeds for a look-back penalty of 50 cents a SMITH of Oregon). The clerk will call for that purpose. Again, we start with pack or more. That is what we provide the roll. the modest amount of money going to in our legislation. If the industry fails The assistant legislative clerk pro- Social Security and Medicare, but we to meet the goals for reducing teen ceeded to call the roll. grow that over time as the demo- smoking, we put in place a 50-cent-a- Mr. FEINGOLD. Mr. President, I ask graphics of the country change and re- pack penalty. By 54 to 34, the American unanimous consent that the order for quire additional funding. public supports that. the quorum call be rescinded. The HEALTHY Kids Act accom- Mr. President, to sum it up, we be- The PRESIDING OFFICER. Without plishes the five objectives that the lieve the HEALTHY Kids Act—that has objection, it is so ordered. President sent: Reduce teen smoking, now been cosponsored by 31 Senators, Mr. FEINGOLD. Mr. President, I ask including tough penalties. We provide 31 of our colleagues—is strong legisla- unanimous consent that I may speak the full FDA authority. We go a long tion to protect the public health and to for 20 minutes in morning business. way towards changing the industry reduce teen smoking. If there is one The PRESIDING OFFICER. Without culture. We meet additional health thing that came through loud and clear objection, it is so ordered. The Senator goals that the American people want in all the hearings that we held, it is from Wisconsin is recognized to speak addressed. And we protect the tobacco that that is what our priority should for 20 minutes. farmers and their communities. be. If we keep our eye on the ball, that Mr. FEINGOLD. I thank the Chair The HEALTHY Kids Act also accom- is what we will do. Protecting the pub- very much. plishes the eight goals set out by Drs. lic health is so important. If you lis- f Koop and Kessler. They have called for tened to those who came and testified, CONGRATULATING WISCONSIN ON full FDA authority to regulate this they are saying to us that’s the prior- ITS SESQUICENTENNIAL drug just as they regulate other drugs. ity. We agree. They provide for protection I remember very well, when we were Mr. FEINGOLD. Mr. President, re- of youth from tobacco influences. And in Newark we had a series of witnesses, cently the senior Senator from Wiscon- we agree. They provide for adequate some of them victims. As we went sin and I introduced a resolution con- smoking cessation funding. We have around the country, we made it a prac- gratulating the State of Wisconsin on provided for it. They ask, for second- tice to listen to those who have suf- the 150th anniversary of its statehood. hand smoke, expanded regulation. And fered the ill-effects that tobacco prod- We will celebrate that great occasion we provide that. They say there should ucts cause. I found two witnesses in on May 29. The sesquicentennial of be no special immunity provisions, no Newark especially moving. One was a Wisconsin’s statehood is both a time to special protection. And we agree. They young woman named Gina Seagrave. reflect on the distinguished history of say with respect to preemptions that She told the story of her mother dying the State and a time to look ahead to local communities ought to judge and prematurely because of the effects of a the promise of the next 150 years. should not be preempted by Federal lifetime of tobacco addiction. She Mr. President, every year that I have law. And we agree. We provide for no broke down during her testimony as been a Member of this body, I have local preemption. she described the effects on her family traveled to each of Wisconsin’s 72 coun- We also are in agreement with them of her mother dying at a young age, ties to hold what I call ‘‘listening ses- that there ought to be adequate com- the incredible impact that had on their sions.’’ These meetings allow me to pensation for tobacco farmers and that family. I do not think there was a per- learn more about what my constitu- there ought to be strong international son in that hall who was not moved by ents think about what is going on in policies. her story. Washington, and they also afford me March 11, 1998 CONGRESSIONAL RECORD — SENATE S1719 the opportunity to continue to learn cials at all levels of the State and Fed- ones to mention, but among them are more about the unique character of the eral Government. the great architect Frank Lloyd people of my home State and its his- Another area in which the people of Wright, World War II heroes Mitchell tory and traditions. Wisconsin continue to look forward is Red Cloud and Richard Bong, author In honor of this historic anniversary, in their commitment to serving their Thornton Wilder, escape artist Harry Mr. President, I have asked children fellow Wisconsinites, and their fellow Houdini, and artist Georgia O’Keeffe, from each of Wisconsin’s 72 counties to Americans. Wisconsinites have served just to name a few. construct a cloth panel which features the United States in all levels of Gov- One person in particular who exem- a person, place, or event of historical ernment from Congress, to the Presi- plified the determination and commit- significance for the county in which dent’s Cabinet, to the Supreme Court; ment to the greater good shared by the they live. These panels will be com- they have explored the unknown as as- people of Wisconsin was Asaph bined to form a quilt to commemorate tronauts and have represented their Whittlesey, one of the founders of the this milestone. I have already been pre- State and their country as ambas- city of Ashland which is in northern sented with some of these panels dur- sadors. I am, of course, very honored to Wisconsin. In January 1860, Whittlesey ing my trips through the State this follow in the tradition of such Wiscon- was chosen to represent his region in year, and I am pleased by the interest sinites as Robert M. LaFollette, Sr., the Wisconsin legislature, which was that the children have taken in learn- William Proxmire and Gaylord Nelson located very much to the south of Ash- ing about the history of their counties as a Member of this body. While there land in Madison. Even though it was and of the whole State of Wisconsin. is no doubt that Wisconsin’s represent- the middle of winter, Mr. Whittlesey Mr. President, as I travel through atives to the U.S. Congress have not al- was determined to get to Madison, so Wisconsin I am struck by the amount ways agreed on matters of policy, we he walked—on snowshoes—to the near- of history that is present in every cor- do all share a very strong commitment est train station in the town of Sparta, ner of the State. From the city of to the people of our State. a mere 240 miles from where he was in Green Bay, the first permanent Euro- The progressive tradition of politi- Ashland. His determination to do the pean settlement in the State of Wis- cians such as Robert M. LaFollette is job for which he was selected is indic- consin, which was founded by Charles embodied in Charles R. McCarthy’s ative of the spirit of the people of Wis- de Langlade in 1764, to Menominee work called ‘‘The Wisconsin Idea,’’ consin. County, the State’s newest county, which was published in 1912. This book Another such person was Bernard which was established in 1961, there are espoused the benefits of returning Gov- Cigrand, a teacher at Stony Hill School a myriad of larger cities and small ernment to the people through such re- in Waubeka, who led the first recog- towns, villages and Native American forms as a direct primary system and nized observance of Flag Day on June communities which, together, form the the popular referendum. ‘‘The Wiscon- 14, 1885. Cigrand worked diligently for foundation of the State of Wisconsin. It sin Idea’’ also touched on Government 31 years for the establishment of a na- is this sense of community that binds regulation and promoted benefits such tional Flag Day observance, which was Wisconsin’s more than 4.8 million peo- as workers’ compensation for job-relat- proclaimed by President Woodrow Wil- ple. ed injuries. In that vein, Wisconsin son on June 14, 1916. I am also struck by the commitment passed the first unemployment com- Mr. President, Wisconsin is a patch- of the people of Wisconsin to the pensation law in the country in 1932. work of races and ethnicities and is State’s motto, ‘‘Forward.’’ While there Wisconsin’s progressive tradition was home to 11 Federally recognized tribal is no question that the residents of evident when on June 10, 1919, it earned governments. The influence of the im- Wisconsin cherish the State’s rich his- its place in suffrage history by becom- migrants who have come to Wisconsin tory, they never stop looking forward ing the first to deliver to our Nation’s and the Native Americans who have to find ways to build on that solid capital its ratification of the 19th lived in Wisconsin for many years is foundation to ensure that Wisconsin amendment to the Constitution which evident in the names of our cities and continues to grow and prosper well into granted women the right to vote in towns, lakes and rivers, and counties the next century and beyond. this country. and parks. This forward-looking thinking, root- The struggle by women in Wisconsin Wisconsin has played an integral role ed in the State’s progressive tradition, for full participation in Government is in American agriculture. As is proudly is evident in many areas, including only a piece of the history of my State, proclaimed on our license plates, Wis- education. America’s first kinder- which is so well renowned for reform. consin is ‘‘America’s Dairyland.’’ Ac- garten was founded in 1856 by Many know of Wisconsin’s reputation cording to the United States Depart- Margarethe Meyer Schurz, a German for progressivism; but few are aware of ment of Agriculture, in 1996, Wiscon- immigrant who settled in Watertown the belief of Crystal Eastman, a Wis- sin’s 1.45 million milk cows produced in Jefferson County. More than 140 consin suffragist who wrote in 1912, 22.4 billion pounds of milk, 2.10 billion years later, Wisconsin is still working ‘‘The last thing a man becomes pro- pounds of cheese, 295 million pounds of to ensure that its children get the best gressive about is the activities of his butter, 31.8 million pounds of yogurt, possible start in education through the own wife.’’ Even fewer are aware of the and 21.3 million gallons of ice cream Student Achievement Guarantee in significant role of Wisconsin women in and lowfat ice cream. Education program, the SAGE pro- bringing about this Federal amend- The state’s first cheese factory was gram. One aspect of this program seeks ment, a quest that took more than 70 built in the town of Ladoga, in Fond du to reduce class size in kindergarten years, in light of the public cynicism Lac County, by Chester Hazen in 1864. through grade three to 15 students per about the benefits of women’s suffrage Other dairy firsts that took place in class. This forward-thinking approach that actually existed during the early Wisconsin include the first ice cream to educating our children I think is a part of this century. sundae, which was invented by Two model that I hope will be expanded to Mr. President, Carrie Chapman Catt, Rivers resident Edward Berner in 1881, the rest of the country. a native of Ripon, WI, was the last and the first simple test for determin- Mr. President, Wisconsin has also president of the National American ing the butterfat content of milk, been a pioneer in the area of higher Women Suffrage Association, and the which was developed by Stephen Bab- education. The University of Wisconsin founder and first president of the Na- cock in 1890. The United States’ first was the first in the United States to tional League of Women Voters. Her Secretary of Agriculture was former offer correspondence courses. This ef- influence on the direction and success Wisconsin Congressman and Governor fort opened up the world of higher edu- of the suffrage movement and her leg- Jeremiah Rusk. cation to people all over the State— acy in grassroots organizing is undeni- In addition to its dairy industry, Wis- and all over the country. Under the able, as is the role of many other Wis- consin is also a top producer of cran- leadership of one of our presidents of consin women in this area. berries. our university, President Charles R. Mr. President, like every State, Wis- The State of Wisconsin is blessed Van Hise, the university began its long consin has been home to many memo- with many unique geographical fea- tradition of working with elected offi- rable people. It is hard to pick which tures and has been home to many S1720 CONGRESSIONAL RECORD — SENATE March 11, 1998 noted conservationists, among them age them to remain committed to our community that includes the theater, John Muir and Aldo Leopold. state motto by looking ‘‘Forward’’ to symphony and ballet. For those of us The passenger pigeon, which, in 1871, the next 150 years. who have an interest in sports, we have numbered over 136 million in the cen- Thank you, Mr. President. I yield the exciting teams to follow. For over 150 tral part of the state, became extinct floor. years, our state has been home, home in Wisconsin in 1899 when the last one Mr. DURBIN. I congratulate my to Olympic athletes, respected schol- was shot. Wisconsin resident John friend from Wisconsin for his state- ars, famous celebrities and great art- Muir, founder of the Sierra Club, wrote ment on behalf of his State. I have ists. Frank Lloyd Wright left us the of the passenger pigeon, ‘‘of all God’s warm feelings about Wisconsin, as a gift of Taliesen. Wisconsin has an inde- feathered people that sailed the Wis- southern neighbor in the State of Illi- pendent streak that runs through our consin sky, no other bird served us so nois. economy and our politics, and a work wonderful.’’ A monument to this bird is I am happy to report that of my ethic that is the envy of employers na- located in Wyalusing State Park in three children, one is a graduate of tionwide. Wisconsin has some of the Grant County. Marquette, my son; my daughter is a best minds in the country working in Portage resident Aldo Leopold, au- graduate of the University of Wiscon- some of the best research facilities on thor of the seminal environmental sin at Madison; and our third child behalf of all Americans. And we make work ‘‘A Sand County Almanac,’’ married a young man from Janesville, Harley Davidson motorcycles. wrote, ‘‘the oldest task in human his- the Senator’s hometown, so we have But the best thing about Wisconsin tory [is] to live on a piece of land with- our bases covered in Wisconsin. in 1998 is the same as in 1848: the peo- out spoiling it.’’ That does not suggest I will be root- ple. Their dedication to family, friends, Some of the ‘‘unspoiled’’ pieces of ing for the Packers when they play the neighbors and community is not a land in Wisconsin include the Apostle Bears, but I thank the Senator for his quaint notion from the past, but alive Islands National Lakeshore, the comments on behalf of his great State. today. Wisconsin is a place where fami- Nicolet and Chequamegon National Mr. KOHL. Mr. President, to some lies gather for Sunday dinner. Where Forests, and the 40,000-acre Necedah people, Wisconsin means cheese. To lost wallets are returned with all the National Wildlife Refuge, which is that I say, yes, and we’re proud of it. cash. Where a neighbor offers a ride to home to almost 200 species of birds, in- The great state of Wisconsin has a work when the car is in the shop. cluding sandhill cranes, bald and gold- dairy industry that has thrived for 150 Where friends come to the doorstep en eagles, and wild turkeys. years despite our country’s discrimina- with a casserole to welcome a new baby Roche a Cri State Park, located in tory milk pricing policies. or to console the loss of a grandparent. Adams and Juneau Counties, includes To some people, Wisconsin means That’s what we celebrate most about examples of rocks carved by the ero- beer. To that I say, yes, and we’re Wisconsin and that’s why I have tre- sion of water and wind, including Cas- proud of it. Brewing was among the mendous respect for the people I rep- tle Rock, Mill Bluff, and Friendship first industries to help propel Wiscon- resent. Mound. sin’s economy forward, creating thou- Much of what we value about Wiscon- Over the past 150 years, Wisconsin sands of jobs and incomes that sup- sin has, in the best sense, remained un- has also amassed an impressive list of ported many families. They were not changed from its start, 150 years ago. I inventions and industrial and business amused with Prohibition. am fortunate to have lived in Wiscon- credits. In my own hometown of Janes- But Wisconsin means much more. As sin all of my life and grateful for the ville, George Parker was granted a pat- we celebrate 150 years of Wisconsin opportunities my family had. Wiscon- ent for his fountain pen in 1889. The statehood this year we are reminded of sin is a great place to be a kid, to raise first typewriter was patented by Chris- the state’s rich history, its natural a family and to grow old. It is a re- topher Latham Sholes in Milwaukee in beauty and its determined people. minder of all this country had to offer 1868. The first snowmobile was in- In 1848, as a wave of immigrants 150 years ago, and an example of the vented in the town of Sayner and Klee- flooded into America, many of the best it can put forward in the next cen- nex was invented in Neenah. The Ring- brightest among them chose to settle tury. ling Brothers Circus began in Baraboo in Wisconsin. The state still displays f in 1884. the influence of its earliest settlers, Many Wisconsin companies are from Poland, Russia, Ireland, Germany THE TOBACCO INDUSTRY household names: Lands’ End, Oshkosh and Scandinavia. Wisconsin continues Mr. DURBIN. Mr. President, this B’Gosh, the Kohler Company, Oscar to draw newcomers because of its morning I rise to discuss an issue Meyer, Johnson Controls, Harley Da- strong economy, its first-rate edu- which I hope Americans will come to vidson, S.C. Johnson Wax, Miller Brew- cation system and the appealing mix of realize is one of the most timely issues ing Company, Snap-On Tools, and villages and cities that exist side by facing the U.S. Congress. Consider for a many more. side. And we have the Green Bay Pack- moment this is supposed to be a year of In addition to its success in business, ers. short sessions on Capitol Hill. Members the state has enjoyed success in sports. Wisconsin’s natural beauty is unsur- of the House and Senate, anxious to re- Names like Vince Lombardi and Erik passed. We are fortunate to have as our turn to their States and districts, hope and Beth Heiden evoke memories of borders two Great Lakes and the Mis- to do the people’s business in short championships won and Olympic glory. sissippi River. Wisconsin is called a order and go back home. They suggest The Badgers, Packers, Brewers and ‘sporting paradise’ because of its lakes, that perhaps we have about 68 days of Bucks, and many other professional rivers and forests. We boast fishing, session remaining for this calendar and amateur teams throughout the hunting, skiing and world-class golf. year, which is an amazingly short ses- state, are examples of the determina- Our national forests are breathtaking. sion. tion and dedication, teamwork and sac- People in Wisconsin know the value of I am concerned that we not forget rifice that are representative of the our environment and have worked hard during the course of the remaining competitive spirit of Wisconsin. to protect it. Wisconsin’s spas and re- days the high priority that faces us Mr. President, as is evident in these sorts and restaurants have earned the when it comes to the tobacco legisla- examples, Wisconsinites have greatly attention of glossy travel magazines, tion. It is a high priority because each contributed to the history and prosper- who have discovered the charm of vaca- day, every day in the United States of ity of the United States over the last tioning in Wisconsin. We don’t mind America, 3,000 children start smoking 150 years. I am proud to be a Wiscon- visitors because we realize that not ev- for the first time. A third of those kids sinite, and I am honored to represent eryone is lucky enough to be born here. will ultimately become addicted and the people of Wisconsin in the United Wisconsin residents can relax in a their lives will become shortened be- States Senate. I congratulate the peo- small, picturesque lakeside town or ex- cause of tobacco-related death and dis- ple of Wisconsin on this historic anni- plore a vibrant and sophisticated city ease. This is a tragedy that is repeated versary, invite them to reflect on the without traveling far from home. Over every single day. So far this year, state’s distinguished past, and encour- the years we have built a thriving arts about 240,000 children in America have March 11, 1998 CONGRESSIONAL RECORD — SENATE S1721 started their nicotine addiction. We rage. And the same executives of the sales to minors. Any bill that comes to have a chance through tobacco legisla- same companies came before that com- us for consideration on the floor that tion to start reducing that number sub- mittee and said, ‘‘No, we are to not ap- doesn’t have performance standards for stantially. Every day that we wait, pealing to children. No, we are not try- children should be rejected. every day that we miss, we are certain ing to encourage high nicotine tobacco Second, we have to give the Food and that more kids will become addicted to to addict people even more.’’ We can’t Drug Administration the power to this product. believe a word they say. Now, when fight this industry. Don’t believe we The tobacco companies understand their successors in ownership in these can pass this bill and walk away. We there is a lot at stake here. Of course, tobacco companies buy full-page ads have to give the agency the power to they saw the lawsuits from 42 different and tell the American people what a regulate nicotine, to make sure the to- States attorneys general and concluded great deal they have for them, I hope bacco companies don’t get up to their that they needed to reach some kind of there is a healthy degree of skepticism old tricks again and come up with this a settlement. They have gone on now across America. high nicotine tobacco leaf to addict to buy full-page ads in newspapers. In Let me tell you something else that people even more. We have to make this morning’s Wall Street Journal needs to be taken into consideration in sure the tobacco industry pays and they urge the public to consider the this debate. Not only has the tobacco pays, in an amount that will not only importance of a tobacco settlement. It industry systematically hidden the compensate for the losses they have is nothing short of amazing that the truth from the American people, they created across America, but to discour- tobacco industry, which years ago have had the opportunity in their own age kids from buying this product. I be- thumbed its noses at the public policy research to realize the devastation of lieve $1.50 per pack as a fee is a mini- leaders of the United States and the their product and they have refused to mum—a minimum. To go less than that is really to not address the serious public health experts, now starts talk- acknowledge it. Time and again, we ing in very positive terms about the problem that faces us. learn of the suppression of scientific This whole question of immunity, fact that we need to do something—a research which could have saved lives. that is what it is about. That is why massive, sustained assault against un- Thinking of the billions of dollars of they are buying the ads. The tobacco derage smoking, paid for by the to- profits that this industry has made at companies want off the hook. They bacco companies, when each and every the expense of death and disease in don’t want people who are addicted day they are addicting 3,000 more chil- America is an outrage. today and die tomorrow to either sue They have also tried to manipulate dren. personally or have their estates bring a I say to the people who are following nicotine levels. They don’t just take lawsuit. They want to get out of this this debate it is no accident that these the tobacco leaves that come from the courtroom scene in a hurry. They want kids start smoking. They are appealed field and put them in the cigarettes to get back to the boardroom scene to by the advertising of tobacco compa- and sell them to America. They like to where they make billions of dollars. I nies. It is subtle, it is pervasive, and spike the nicotine in there, get the ad- tell you this, we should not trade away from their point of view, it is very ef- diction levels higher so you can’t quit. the liability of these companies, be- fective. How many people have you run into cause we believe as politicians that is I hope that in this debate on tobacco who said, ‘‘I wish I could quit. I have the only way to hold this industry ac- legislation we do not lose sight of what tried everything. I chew the gum, put countable. I hope there is enough polit- is really at stake. First, right now in on the patch, go through hypnosis, go ical will among Democrats and Repub- the State of Minnesota where Attorney through acupuncture, try everything licans to make sure that we have an General Skip Humphrey is vigorously imaginable, and I cannot quit.’’ agreement that is sensible. prosecuting an action against tobacco The tobacco companies had a role in Finally, let us not, in the name of companies, we are learning every sin- that because they were making their reaching a tobacco settlement, protect gle day of the depth of the deception of product more addictive. They focused America’s kids and endanger children the tobacco companies. Because of At- their marketing at children—imagine around the world. The strategy of the torney General Humphrey’s courage that. We are so concerned, and rightly tobacco companies in America is to ex- and initiative, they now have some so, about the scourge of drugs in Amer- port their product overseas. We used to 39,000 documents which the tobacco ica, narcotics and what it means to have an image of America abroad, the companies over the years have refused America’s kids, but the single greatest stars and stripes, the great American to publicize, which are now being or- addiction of our children is the addic- image. You know what it is today? It is dered to be made public by the court. tion to nicotine, tobacco, and ulti- the cancer cowboy, the Marlboro man. Tobacco companies, naturally, don’t mately death and disease are a result You can find him on the streets and want us to see them, so they have of it. They have known this. The to- billboards in Warsaw, Poland; Bang- taken this case on appeal. There are bacco companies have been hawking kok, Thailand, all around the world. another 103,000 documents which may their products to kids across America The new image of America, a sad image involve children in advertising and for decades. They lose a substantial of America, an image of death and dis- other topics which should be released. number of their best customers each ease being promoted by the companies I hope that these documents see the year. They lose about 400,000 who die that are shameless in their efforts to light of day because, as these docu- because of tobacco-related death and exploit and addict children around the ments are disclosed, we begin to realize disease and then about 1.5 million who world. We cannot stand for that. It is a the insidious campaign by the tobacco quit. They have to find 2 million new moral embarrassment to the United industry to lure our youth into addic- customers each year. You know what. States of America if our legislation tion. The tobacco companies have sys- They won’t find them in adults. They does not include strict limitations on tematically lied about what they know find them in playgrounds, in school the sale and advertising of American about their products. They have known yards, in children who make a decision tobacco products overseas. We can do for a long, long time that their prod- to smoke and, unfortunately, become it. We should do it. ucts cause death and disease. They addicted. For a century this Congress has en- have known that their products are ad- Let me tell you what we have to look joyed a reputation as a leader in the dictive. They have known that they are for in legislation here on Capitol Hill. world in public health. Let us not in appealing to children. And yet they We have to have performance standards this next century bear the burden of a have categorically denied it. One of the that hold tobacco companies account- country that has exported death and most outrageous scenes in the history able so that we can look year to year disease by American tobacco. I hope of Congress occurred before a sub- to see if the number of children across that we pass this bill and pass it soon. committee chaired by Congressman America is being reduced for smoking. For those who wonder whether we can Waxman several years ago when the ex- That can be done. It can be done by an get it done, I ask them to consider the ecutives of the tobacco companies aggressive advertising campaign, an following. Count the days remaining in stood up under oath and swore that to- aggressive campaign to enforce the the session. Count the children who be- bacco was not addictive. What an out- laws across America in terms of illegal come addicted to this product every S1722 CONGRESSIONAL RECORD — SENATE March 11, 1998 day; count the lives that will be lost if percent. The central element of this advertising. And it is not as though we don’t act; count on our responsibil- rising spiral of costs is television ad- this request is without precedence. In ity in the Senate and the House to vertising. In 1996, candidates spent over 1952, the FCC set aside 12 percent of all move this legislation as quickly as pos- $400 million to purchase television ad- television channeling time for edu- sible. vertising on federally licensed, public cation purposes, for noncommercial I yield the remainder of my time. airwaves. Hundreds of candidates were use. In 1967, President Johnson set Mr. TORRICELLI addressed the traveling to virtually every State, aside part of the spectrum for public Chair. thousands of communities, to raise broadcasting. For the FCC now to re- The PRESIDING OFFICER. The Sen- hundreds of millions of dollars to buy quire a reduction in rates has not only ator from New Jersey is recognized. time on federally licensed airwaves precedence but overwhelming prece- f that belong to the American people. It dence. Candidates for public office now is almost incredible to believe. pay a reduced rate, albeit insuffi- CAMPAIGN FINANCE REFORM There has been, since 1988, a 76 per- ciently reduced. Perhaps even greater, Mr. TORRICELLI. Mr. President, 2 cent increase in this financial burden however, is that the FCC is providing weeks ago, all of our hopes for cam- on public candidates for television ad- up to $20 billion worth of free licenses paign finance reform in this session of vertising. Political advertising on the to broadcasters for digital television, a the Congress were once again frus- public airwaves dominates all other part of the spectrum on a digital basis, trated. A year of investigations, legis- forms of campaign spending. President requiring the broadcasters to pay noth- lative proposals, and public debate Clinton and Senator Dole spent nearly ing, and probably the greatest grant to were met with a filibuster led by the two-thirds of all their financial re- private industry since the opening of Republican leadership. Perhaps it real- sources to buy television time. One Federal lands to the railroads. The ly should not have come as much of a half of all the money raised by U.S. broadcasters were provided this license surprise to any of us. In the last dec- Senate candidates was similarly spent on a single basis, on a single request ade, this Senate has considered 321 dif- on television advertising. In the larger that they fulfill a public obligation to ferent pieces of legislation for cam- industrial States for the principal the people of this country. I can think of no greater opportunity paign finance reform, which filled 6,742 media markets, the numbers are far to fulfill that public obligation in pages of the CONGRESSIONAL RECORD— greater—in Los Angeles, Chicago, New meeting a more serious national prob- and all of this with no change. York, Miami, or Boston. In my own lem than the FCC now—after the So now, for the 117th time in 10 State of New Jersey, in the Senate race granting of these digital television li- years, the Senate has voted on an ele- in 1996, fully 80 percent of all financial censes to broadcasters, asking them to ment of campaign finance reform to resources went to buy television adver- provide reduced rates or free television absolutely no avail. It is a problem of tising. Some 30 seconds of access to the time. The scale of the burden is so near-crisis proportions, not simply be- voting population on television could cause of the burden it places on can- minimal. cost in excess of $50,000. Last year, television networks billed, didates for public office, not simply be- Can it be any wonder that candidates for commercial and other advertising, cause of the compromises it seems to are spending all of their time raising $42 billion. Of this total advertising ex- make in public policy. There is a prob- money rather than discussing issues? penditure, 1.2 percent was for political lem far more fundamental. As evi- Can there be any question why can- advertising. The cost of reducing the denced in the confidence of our own didates without great financial re- rates for political advertising, that 1.2 people in their system of Government, sources, simply possessing a desire to percent, would still allow for a growth the United States remains perhaps the serve and a creativity for dealing with in the overall advertising revenue of only developed democracy in the world public policy, do not feel they can the networks next year. So if the FCC where its leadership is chosen by a mi- enter the electoral process? The prin- acted on any reasonable basis, it would nority of its citizens. Americans are cipal barrier is the public airwaves not result in less broadcaster revenues expressing themselves in our system of themselves—something the people of next year and, in year-to-year terms, it Government not with their voices but the United States already own. Yet, would be simply a small reduction in with their feet, because they choose it’s being denied to our own people to the rate of growth. This we would hesi- not to walk into a voting booth. discuss issues about our country’s own tate to ask after providing $20 billion If it was bad enough that this Con- future. worth of free new licenses to the net- gress would not act, now this frustra- Congress has had a chance to deal works that are already operating on tion with reform is in an entirely dif- with this problem, and it has not. The publicly owned airwaves of the people ferent form. President Clinton has original version of the McCain-Fein- of the United States? challenged the FCC to institute at gold reform legislation contained re- Perhaps it isn’t that the burden isn’t least one element of reform—in my ductions in television advertising. It too great; perhaps it isn’t a legal prob- judgment, perhaps the most important was removed. A challengers’ amend- lem at all; perhaps it is that there are element of reform—by mandating a re- ment was offered to the McCain-Fein- Members of this institution of the Con- duction in the cost of television adver- gold reform bill that would have pro- gress that like the idea that there is a tising, on the simple theory that if the vided for a reduction. It was not adopt- threshold price for entry to public of- cost of advertising is less, candidates ed. I introduced an amendment that fice in the United States. The price of will be raising less. If the cost of adver- would have allowed for a 75 percent re- entering public office in the United tising is less, candidates without great duction. My amendment could not be States is not an academic degree; it is financial resources will still seek pub- offered. These are the reasons why I be- not a command of the issues; it is not lic office and not find a barrier to ex- lieve President Clinton challenged the a given level of commitment to public pression. It is not a perfect answer, but FCC to act. To this Congress, our re- service; it is the ability to buy tele- it is at least a contribution. This was sponsibility should be clear. Since the vision time to communicate views. In- the President’s challenge. The FCC has Congress failed to enact campaign fi- creasingly, that means people of great before it that question. nance reform, at least get out of the personal wealth use their own re- But it was not enough to have a fili- way so that the FCC can act respon- sources. If it is not their own re- buster to defeat the McCain-Feingold sibly and institute at least one element sources, it is the ability to use those reform legislation. Now an effort is of reform. The Congress has had a dec- resources of great financial interests in being made to include in the Presi- ade, hundreds of opportunities, and did the United States that command all of dent’s supplemental funding request in nothing. At least now remain silent so the candidate’s time and attention. the appropriations process a prohibi- that others who will act responsibly Perhaps it is that people like this tion on the FCC actually ordering a re- can do something to deal with this threshold price of entry and what it duction in rates. The scale of the prob- mounting national problem. means for certain interests in the Sen- lem the FCC would deal with is enor- It is not as if we do not have in the ate, partisan or otherwise. mous. Since 1977, the cost of congres- FCC the legal ability to require the tel- Well, it leaves us with this simple sional campaigns has risen over 700 evision networks to reduce the cost of situation: The Congress had its chance March 11, 1998 CONGRESSIONAL RECORD — SENATE S1723 for campaign finance reform and, after (g) ADDITIONAL ALLOCATIONS.— 2003—from the Federal research pro- a decade of effort, it has failed. Presi- (1) IN GENERAL.—For each of fiscal years gram and distribute that amount dent Clinton has made a request for the 1999 through 2003, after making apportion- among the seven States. Thirty per- FCC to consider reductions in tele- ments and allocations under sections 104 and cent of the new funds would be distrib- 105(a) of title 23, United States Code, and sec- vision advertising rates. That issue is tion 1102(c) of this Act, the Secretary shall uted equally among the States—$3 mil- now before Chairman Kennard. The allocate to each of the following States the lion per State—and 70 percent would be Commissioners of the FCC and its new following amount specified for the State: distributed according to the share of chairman, Mr. Kennard, have a historic (A) Arizona: $7,016,000. payments to the trust fund in 1996. opportunity—an opportunity that goes (B) Indiana: $9,290,000. The States would be added to the to the very issue of confidence in this (C) Michigan: $11,158,000. density program, giving each State al- Government, the ability for people to (D) Oklahoma: $6,924,000. most complete discretion in the use of feel they identify with these institu- (E) South Carolina: $7,109,000. the money. The research program is (F) Texas: $20,804,000. tions, with their futures and the wel- authorized at approximately $100 mil- (G) Wisconsin: $7,699,000. lion per year in the underlying bill and fare of their families. They have an ex- (2) ELIGIBLE PURPOSES.—Amounts allocated traordinary opportunity to institute under paragraph (1) shall be available for any would be reduced to approximately $30 reform. purpose eligible for funding under title 23, million per year by the amendment. I hope the FCC will act, and I hope United States Code, or this Act. Mr. BAUCUS addressed the Chair. this Congress, having failed to be re- (3) AUTHORIZATION OF CONTRACT AUTHOR- The PRESIDING OFFICER. The Sen- sponsible in dealing with this problem, ITY.— ator from Montana. Mr. BAUCUS. Mr. President, this is a at least has the good grace to remain (A) IN GENERAL.—There shall be available from the Highway Trust Fund (other than balancing amendment to make the bill silent, to not amend the supplemental the Mass Transit Account) such sums as are fair to all regions of the country. When appropriations legislation so that oth- necessary to carry out this subsection. the committee took up the bill in the ers can meet a responsibility that was (B) CONTRACT AUTHORITY.—Funds author- first place—actually there were several not met on the floor of this Senate. ized under this paragraph shall be available major bills—it was intended to rep- Mr. President, I yield the floor, and I for obligation in the same manner as if the funds were apportioned under chapter 1 of resent different parts of the country. suggest the absence of a quorum. We in the committee melded these bills THE PRESIDING OFFICER. The title 23, United States Code. (4) LIMITATIONS.— together. One is a donor States bill; clerk will call the roll. one is a New England States, Eastern The legislative clerk proceeded to (A) APPLICABILITY OF OBLIGATION LIMITA- TIONS.—Funds made available under this sub- States, bill; one is a Western States call the roll. section shall be subject to subparagraphs (A) bill. Mr. CHAFEE. Mr. President, I ask and (B) of section 118(e)(1) of that title. Because of the leadership of the unanimous consent that the order for (B) LIMITATION ON AVAILABILITY.—No obli- chairman, Senator CHAFEE, as well as the quorum call be rescinded. gation authority shall be made available for the composition of the committee, The PRESIDING OFFICER (Mr. any amounts authorized under this sub- which is balanced, we came up with a section for any fiscal year for which any ob- SMITH of Oregon). Without objection, it very balanced bill. Now, balance is in is so ordered. ligation limitation established for Federal- aid highways is less than the obligation limi- the eyes of the beholder. When we fin- f tation established for fiscal year 1998. ished, there were some States that felt INTERMODAL SURFACE TRANS- On page 415, strike lines 10 through 15 and that although treated fairly, they per- PORTATION EFFICIENCY ACT OF insert the following: haps could have been treated more fair- 1997 (other than the Mass Transit Account) to ly. carry out sections 502, 507, 509, and 511 The effect of this bill is to make sure The PRESIDING OFFICER. Under $98,000,000 for fiscal year 1998, $31,000,000 for that all parts of the country are treat- the previous order, the Senate will now fiscal year 1999, $34,000,000 for fiscal year ed evenly, fairly. The effect of this 2000, $37,000,000 for fiscal year 2001, $40,000,000 resume consideration of S. 1173, which amendment will help accomplish that. the clerk will report. for fiscal year 2002, and $44,000,000 for fiscal year 2003. It will also help speed passage of this The assistant legislative clerk read bill. It is my hope, and even expecta- Mr. CHAFEE. Mr. President, the as follows: tion, that we can finish this bill today A bill (S. 1173) to authorize funds for con- amendment that I have submitted with the passage of this amendment, struction of highways, for highway safety would assist seven States—Arizona, In- because the remaining business before programs, and for mass transit programs, diana, Michigan, Oklahoma, South the Senate is various amendments, and for other purposes. Carolina, Texas, and Wisconsin. This matters that, as important as they are, The Senate resumed consideration of assistance would be in addition to the are not as much of a consequence as the bill, with a modified committee increases already provided to these this amendment, which is the one that amendment in the nature of a sub- States in the Chafee amendment that has been worked out in the last couple, stitute (Amendment No. 1676). the Senate adopted last week. 3 days—actually last week, with the AMENDMENT NO. 1951 TO AMENDMENT NO. 1676 The Chafee amendment provided al- chairman and others and interested (Purpose: To make additional allocations, locations to the States in three cat- Senators. with an offset) egories—the Appalachian Regional So I urge that this amendment be Mr. CHAFEE. Mr. President, I send Commission program, the density pro- agreed to. It is going to speed passage an amendment to the desk and ask for gram, and the bonus program for donor of the bill and can get some highways its immediate consideration. States—to bring their minimum up to built. The PRESIDING OFFICER. The 91 cents on the dollar. Six of the seven Mr. LEVIN. Mr. President, first, let clerk will report the amendment. States to be assisted by this proposal me thank the managers of the bill. I The assistant legislative clerk read did not qualify for either the Appalach- support this amendment. We have as follows: ian Regional Commission program or worked very hard on it. It represents a The Senator from Rhode Island [Mr. the density program in the Chafee step towards greater fairness for some CHAFEE] proposes amendment numbered 1951 amendment. The other State—South donor States who did not receive any to amendment No. 1676. Carolina—that would receive assist- benefits from other parts of changes in Mr. CHAFEE. Mr. President, I ask ance under this proposal received only this bill. It is a long road, still, towards unanimous consent that reading of the $1.4 million per year from the ARC pro- fairness—from our perspective, I em- amendment be dispensed with. gram in the Chafee amendment. Thus, phasize—but this represents a step The PRESIDING OFFICER. Without the proposal is to provide an additional along the road and could not have been objection, it is so ordered. amount to donor States that received made without the help of our good The amendment is as follows: no, or very little, money from the ARC friends from Rhode Island and Mon- On page 136, after line 22, in the section and density programs in the Chafee tana. I want to thank them for that. added by Chafee Amendment No. 1684 on amendment. Mr. BAUCUS. Mr. President, I want page 18, between lines 19 and 20, insert the The proposal is to take $70 million to thank the very able distinguished following: per year for 5 years—1999 through Senator from Michigan. S1724 CONGRESSIONAL RECORD — SENATE March 11, 1998 I say to the Senator, I appreciate his The PRESIDING OFFICER. Without Kansas City and southwest Missouri tenacity. It is always good to see a objection, it is so ordered. areas, as home of the third largest Senator who fights doggedly for his The amendment is as follows: trucking center in the country, I can State, who works very hard to make At the appropriate place in subtitle H of tell you that trucking companies love sure that his State is not taken advan- title I, insert the following: them. tage of. In fact, I say to the Senate, SEC. 18ll. SENSE OF SENATE CONCERNING THE As a Senator, as a driver, and as the OPERATION OF LONGER COMBINA- and to the residents of Michigan, the TION VEHICLES. father of a teenaged driver, I can tell very able Senator from Michigan adds (a) FINDINGS.—Congress finds that— you that triple trailers scare me to new meaning to ‘‘fighting like a pit (1) section 127(d) of title 23, United States death. Triple trailers can be as long as bull.’’ Every day, there is Senator Code, contains a prohibition that took effect 120 feet. They are as long as a 10-story LEVIN, making sure, ‘‘Hey, what about on June 1, 1991, concerning the operation of building is tall. These trucks can weigh Michigan?’’ What about donor States certain longer combination vehicles, includ- up to 64 tons. For comparison, the cars and so forth? ing certain double-trailer and triple-trailer most of us drove to work this morning I am very appreciative of the very trucks; are about 14 to 15 feet long and only (2) reports on the results of recent studies hard work of the Senator. It has helped conducted by the Federal Government de- weigh 1 ton or so. The 120-foot triple make this a more balanced bill. scribe, with respect to longer combination trailer is equivalent of seven full-sized Mr. CHAFEE. Mr. President, those vehicles— passenger cars end to end. Triple trail- remarks were well-phrased by the dis- (A) problems with the adequacy of rear- ers require a full football field and a tinguished ranking member of the full ward amplification braking; half to come to a stop. Anybody who committee. I also want to include in (B) the difficulty in making lane changes; has driven on a road with triples knows that ‘‘pit bull’’ category, Senator and that triples can be intimidating. ABRAHAM. He, also, was right there. (C) speed differentials that occur while Let me be clear, I am a strong advo- They were a team. They dogged us climbing or accelerating; and cate and supporter of the trucking in- (3) surveys of individuals in the United every step of the way. States demonstrate that an overwhelming dustry. I have said that Kansas City, So Senator ABRAHAM and Senator majority of residents of the United States MO, is the third largest trucking cen- LEVIN both did outstanding work in oppose the expanded use of longer combina- ter in the country. Trucks based in connection with this legislation. I look tion vehicles. Missouri move over 200,000 tons of out- forward to a nice, friendly, telephone (b) LONGER COMBINATION VEHICLE DE- bound freight and over 250,000 tons of call from the Governor of Michigan FINED.—In this section, the term ‘‘longer inbound freight every day. Because of saying what wonderful things we have combination vehicle’’ has the meaning given the hard work, dedication, and quality done for Michigan. that term in section 127(d)(4) of title 23, service that the trucking industry pro- Mr. THURMOND. Mr. President, I United States Code. (c) SENSE OF THE SENATE.—It is the sense vides, because of the skill and the abil- support this amendment, and I want to of the Senate that the prohibitions and re- ity and the dedication of truck drivers, commend the able managers for the strictions under section 127(d) of title 23, our lives are made easier, and truck manner in which they have handled United States Code, as in effect on the date drivers are generally among the very this difficult situation. of enactment of this Act, should not be safest drivers on the road. I think all of Mr. CHAFEE. I thank the very dis- amended so as to result in any less restric- us can tell many stories of assistance, tinguished senior Senator for the kind tive prohibition or restriction. accommodation, and courtesy by the remarks about what we did for South Mr. BOND. Mr. President, thank you drivers of trucks, but we have also Carolina. for giving me this opportunity to ex- heard from drivers of trucks that they The PRESIDING OFFICER. The plain very briefly my amendment. are very much concerned about the question is on agreeing to the amend- This amendment simply says that safety of triple trailers. ment. the status quo regarding the operation When I, along with the chairman and The amendment (No. 1951) was agreed of triple trailers—these are the long other members of this committee, first to. trucks with a cab and three trailers be- spoke of this amendment last fall, we Mr. CHAFEE. I move to reconsider hind them—shall stay in place. States were joined by truckers, independent the vote. that currently allow the operation of operators, who have had experience Mr. BAUCUS. I move to lay it on the triple trailers on certain roads within with triple trailers and they told us table. their own State restrictions can con- some horrifying tales about the dan- The motion to lay on the table was tinue to allow them, but the operation gers and the difficulties of running a agreed to. of triples should not be expanded. Mr. CHAFEE. I suggest the absence triple trailer. Triples are not the an- Under the current Federal freeze en- of a quorum. swer. Expanding their operation into acted in ISTEA in 1991, triple trailers The PRESIDING OFFICER. The areas where they are not now present is may not operate in any additional clerk will call the roll. not the answer to anyone’s question. The assistant legislative clerk pro- States on any routes on which they Sometimes bigger is definitely not bet- ceeded to call the roll. could not operate in 1991. ter. Mr. BOND. Mr. President, I ask unan- Now I have no interest in getting I ask the support of my colleagues imous consent that the order for the into a debate on the statistical merits that this body go on record saying that quorum call be rescinded. of triple trailers. Supporters of triples we will maintain the status quo, that The PRESIDING OFFICER. Without tell you they are perfectly safe, envi- we will not expand the ability of triples objection, it is so ordered. ronmentally friendly, less damaging to to go beyond those areas where they AMENDMENT NO. 1952 the highways, and help keep consumer were operating and were grandfathered (Purpose: To express the sense of the Senate costs low. Supporters of triples will in in 1991. concerning the operation of longer com- also tell you that the State require- I ask unanimous consent to have bination vehicles) ments make them as safe or safer than printed in the RECORD a letter from Mr. BOND. Mr. President, I send an other trailer operations. Walter B. McCormick, chief executive amendment to the desk and ask for its On the other hand, opponents of tri- officer of the American Trucking Asso- immediate consideration. ple trailers will tell you they are un- ciation. They have questions about The PRESIDING OFFICER. The safe for the drivers as well as other some of the language in the amend- clerk will report. highway users, they damage roads, es- ment. They wish to express their views. The assistant legislative clerk read pecially bridges, and they have little They do not feel that the studies which as follows: beneficial impact on consumer costs. have been cited are accurate. They The Senator from Missouri [Mr. BOND], for As a Senator representing a State state that the continuation of the himself and Mr. REID, proposes an amend- with the second and third largest rail freeze is not inconsistent with our posi- ment numbered 1952 to amendment No. 1676. hubs in the country, I can tell you rail- tion. Mr. BOND. I ask unanimous consent roads hate triples. As a Senator rep- There being no objection, the letter that the reading of the amendment be resenting a State that allows triples on has ordered to be printed in the dispensed with. a small portion of roadways in the Record, as follows: March 11, 1998 CONGRESSIONAL RECORD — SENATE S1725 AMERICAN TRUCKING been operating up until that time. It Highway agencies are losing money ASSOCIATIONS, INC., was the right thing to do then and it’s every mile traveled by one of these ve- Alexandria, VA, March 10, 1998. the right thing to do now. hicles. That will mean poorer roads, Hon. CHIRISTOPHER S. BOND, We, as Members of Congress, have a higher taxes, or both. To maintain road U.S. Senate, Washington, DC. duty to actively ensure the safety of DEAR SENATOR BOND: Earlier this year, Ne- conditions States must turn to funds vada Senator Harry Reid proposed legisla- all our Nation’s roads, not just the from other sources—i.e., gas taxes paid tion that would have prohibited the oper- roads in our individual States. By al- by other motorists. This shifts the cost ation of triple-trailer trucks in the 16 states lowing monster trucks to terrorize our savings experienced by truck compa- where they currently operate. Over the highways are we not failing to fulfill nies, who can hire fewer drivers if they course of several months, Senator Reid that duty? use LCVs, onto other highway users. modified his position and decided not to pur- LCVs can be as long as 123 feet This is outrageous. Not only do other sue an outright ban on triples, but instead (that’s longer than a 737 jetliner) and motorists get less return on their high- proposed a comprehensive study on the safe- can weigh up to 164 tons. ty, environmental, and infrastructure im- way investment because they have to If it’s raining when one of these share the road with these life-threaten- pacts of triples and other longer combination trucks passes you, the spray from its 32 vehicles (‘‘LCVs’’). During the past week, he ing juggernauts, they also have to pay announced that he would not offer this modi- sets of wheels can blind you for over a more for it. fied amendment because, he said, he did not minute. That’s a long time when you’re The least we can do is maintain the have the votes to pass it. driving at 55 miles an hour. It means status quo and not let LCVs branch out On behalf of the American Trucking Asso- you can’t see anything for over a mile. onto roads they aren’t already on now. ciations, its 50 state associations, 14 con- LCVs pose extraordinary safety risks I hope you’ll join Senator BOND, Sen- ferences, and 35,000 members, I want to ex- to other motorists. ator REID and me in maintaining the press our appreciation to the United States Quick lane changes can cause them Senate for the tempered and considered ap- freeze on LCVs. to exhibit a ‘‘crack-the-whip’’ effect— I yield the floor. proach that it has taken on this issue. The throwing the last trailer into other fact of the matter is that triple-trailer Mr. LIEBERMAN. Mr. President, I traffic lanes, causing the vehicle to roll rise in support of the resolution spon- trucks and other LCVs have a very good over, or causing the last trailer to rup- safety record in the states in which they op- sored by Senator BOND to oppose less erate. Yet, in spite of that record, ATA is not ture its connections with the truck. In restrictive requirements for double- seeking any expansion of triples authority in addition, LCVs are big and slow, espe- and triple-trailer trucks. The resolu- the United States—authority which was fro- cially when they have to accelerate. tion states that existing prohibitions Thus they create dangerous traffic haz- zen in 1991 with the adoption of the Inter- and restrictions on these vehicles modal Surface Transportation Efficiency Act ards when they have to merge or (‘‘ISTEA’’). should be retained. change lanes. Mr. President, there are serious safe- In the next few days, Senators BOND, They also have difficulty maintain- ty concerns associated with the oper- CHAFEE and LAUTENBERG will be offering a ing speed on upgrades, and reducing ation of bigger trucks. Because of their Sense of the Senate resolution calling for a speed and braking on downgrades. continuation of the 1991 freeze. We do not op- instability, handling difficulties, and Speed differentials between trucks and pose this resolution. As previously stated, we other traffic of only 15 miles per hour braking problems, bigger trucks cannot are not seeking an expansion of the freeze. stop quickly to prevent accidents and There is not provision in the resolution that are known to dramatically increase the risk of crashes, and speed differentials cannot be controlled safely. Bigger would have any impact or repealing the truck also are disproportionately re- freeze. There is also no provision in the reso- could be aggravated by the recent lution that would prohibit the operation of speed limit increases in many States. sponsible for expensive damage to our triples and LCVs in the states where they As a result of all these dangerous fea- roads and bridges that we all must pay currently operate. Hence, the Bond-Chafee- tures, multi-trailer trucks are involved to repair. Lautenberg Sense of the Senate resolution, in much more serious crashes than sin- I long have opposed the operation of which calls for a continuation of the freeze, gle-unit trucks or small tractor-trailer bigger trucks in my home state of Con- is not inconsistent with our position. necticut. Traffic in Connecticut is too Nevertheless, we are concerned by some of combinations. In 1994, over 5,000 people in the U.S. lost their lives in big truck congested to allow these trucks, and the language in the ‘‘findings’’ section of the the geography is too varied. On I–84 resolution, which could be read to suggest crashes, and more than 100,000 were in- that triple-trailer operations are unsafe. We jured. Although big rig trucks make up west of Hartford, for example, about stand by our position that triples are indeed only 3 percent of all regulated vehicles, 105,000 vehicles each day clog the high- safe. And, as a majority of Senators have they are involved in 21 percent of all way, and traffic steadily is getting recognized over the past several weeks, the fatal multi-vehicle crashes. worse. Truck accidents on this stretch safety record of triple-trailer trucks and Clearly these big rig trucks are a of road in the last year have been a other LCVs does not warrant their prohibi- deadly menace. cause of public concern. The last thing tion in the states where they currently oper- It’s no wonder that of the over 42,000 citizens of Connecticut need is even ate. bigger trucks competing with cars here Therefore, as this resolution moves for- people polled last summer, 87 percent ward, we would hope that our non-opposition said they are opposed to permitting the and on other crowded highways. would not be read as an endorsement of any use of even bigger trucks, and 91 per- Common sense alone tells us that specific language in the resolution. cent said large trucks should not be al- these bigger trucks are not compatible Sincerely, lowed on roads other than major high- with passenger vehicles. The public WALTER B. MCCORMICK, JR., ways. overwhelmingly agrees. Opinion polls President and Trucking companies are constantly show that the public consistently has Chief Executive Officer. pushing drivers to drive longer and opposed legalizing the use of bigger Mr. LAUTENBERG. Mr. President, as longer hours and heavier and longer trucks. People find these vehicles in- co-sponsor of this amendment and au- trucks to meet ever tighter deadlines. timidating and are very aware of the thor of the original freeze on longer This is a trend that has to stop now. hazards associated with their oper- combination vehicles in the first And if the safety risks these vehicles ation. ISTEA in 1991, I strongly support main- impose on everyone else wasn’t enough, Mr. President, getting into a car ex- taining this freeze. By adopting this these big rigs also cause significant poses any one of us to the chance of an amendment, the Senate will declare damage to our roads and bridges. accident under the best of cir- loudly and clearly, that the freeze On top of that, they don’t even pay cumstances, and we know how many should not be weakened with more ex- their fair share of costs. A recent study Americans are injured or killed in emptions. found that in virtually all truck class- highway accidents. We do our best to Six years ago, Congress recognized es, the heaviest vehicles pay consider- protect ourselves on the road—for ex- the need to stop the growing presence ably less in taxes than the costs they ample by fastening our seat belts, by of big rig trucks on our roads. We in- impose on our Nation’s highway sys- obeying traffic laws, and by refusing to cluded in ISTEA a provision I authored tem. For example, LCVs registered at ride with drivers who drink. With all that froze the lawful operation of LCVs over 100,000 pounds pay only about half the other risks we face on our increas- to only those routes where they had their cost responsibility. ing crowded roads, we surely do not S1726 CONGRESSIONAL RECORD — SENATE March 11, 1998 need the added hazards posed by bigger SEC. 3208. SPECIAL PERMITS, PILOT PROGRAMS, ‘‘(3) INCIDENT REPORT.—Within 30 days after trucks. I enthusiastically support the AND EXCLUSIONS. the end of the declared emergency period the (a) Section 5117 is amended— Bond resolution for this reason. official who issued the emergency declara- (1) by striking the section heading and in- tion shall file with the Regional Director a I yield the floor. serting the following: Mr. CHAFEE. Mr. President, I am de- report of each safety-related incident or ac- ‘‘§ 5117. Special permits, pilot programs, ex- lighted to be a cosponsor of this cident that occurred during the emergency emptions, and exclusions’’; period involving— amendment offered by the Senator (2) by striking ‘‘2 years’’ in subsection ‘‘(A) a utility service vehicle driver to from Missouri. (a)(2) and inserting ‘‘4 years’’; which the declaration applied; or Now we all recognize trucks are es- (3) by redesignating subsection (e) as sub- ‘‘(B) a utility service vehicle to the driver sential to the Nation’s economic section (f); and of which the declaration applied. health. There is no argument to that. (4) by inserting after subsection (d) the fol- ‘‘(4) DEFINITIONS.—For purposes of this sub- But we believe allowing increasing the lowing: section— number of the larger trucks to operate ‘‘(e) AUTHORITY TO CARRY OUT PILOT PRO- ‘‘(A) DRIVER OF A UTILITY SERVICE VEHI- CLE.—The term ‘driver of a utility service ve- on our highway is a dangerous way to GRAMS.— ‘‘(1) IN GENERAL.—The Secretary is author- hicle’ means any driver who is considered to increase productivity. Triple-trailer ized to carry out pilot programs to examine be a driver of a utility service vehicle for trucks impose, I believe, a triple threat innovative approaches or alternatives to reg- purposes of section 345(a)(4) of the National to safety, to the environment, and to ulations issued under this chapter for private Highway System Designation Act of 1995 (49 the highway infrastructure. motor carriage in intrastate transportation U.S.C. 31136 note). This amendment is a sense of the of an agricultural production material ‘‘(B) UTILITY SERVICE VEHICLE.—The term Senate that we will stay as we are. from— ‘utility service vehicle’ has the meaning That is what the underlying legislation ‘‘(A) a source of supply to a farm; given that term in section 345(e)(6) of the Na- ‘‘(B) a farm to another farm; tional Highway System Designation Act of does. It does not change what the ‘‘(C) a field to another field on a farm; or 1995 (49 U.S.C. 31136 note).’’. States allow, or roads they are per- ‘‘(D) a farm back to the source of supply. (b) CONTINUED APPLICATION OF SAFETY AND mitted to operate under now, and does ‘‘(2) LIMITATION.—The Secretary may not MAINTENANCE REQUIREMENTS.— not increase the ability to operate carry out a pilot program under paragraph (1) IN GENERAL.—The amendment made by where they are not operating now. I am (1) if the Secretary determines that the pro- subsection (a) may not be construed— for that. gram would pose an undue risk to public (A) to exempt any utility service vehicle I thank the Senator for his amend- health and safety. from compliance with any applicable provi- ‘‘(3) SAFETY LEVELS.—In carrying out a sion of law relating to vehicle mechanical ment. pilot project under this subsection, the Sec- safety, maintenance requirements, or inspec- The PRESIDING OFFICER. Is there retary shall require, as a condition of ap- tions; or further debate? proval of the project, that the safety meas- (B) to exempt any driver of a utility serv- Mr. BAUCUS. Mr. President, this is a ures in the project are designed to achieve a ice vehicle from any applicable provision of freeze on the expansion of future tri- level of safety that is equivalent to, or great- law (including any regulation) established ples. States that currently have triples er than, the level of safety that would other- for the issuance, maintenance, or periodic can maintain them. I think that is a wise be achieved through compliance with renewal of a commercial driver’s license for fair balance. A lot of us have problems the standards prescribed under this chapter. that driver. ‘‘(4) TERMINATION OF PROJECT.—The Sec- (2) DEFINITIONS.—For purposes of this sub- with triples, basically the problems retary shall immediately terminate any section— enunciated by the sponsor of this project entered into under this subsection if (A) COMMERCIAL DRIVER’S LICENSE.—The amendment. the motor carrier or other entity to which it term ‘‘commercial driver’s license’’ has the To repeal the current use of trailers, applies fails to comply with the terms and meaning given that term in section 31301(3) I think, would be unfair. conditions of the pilot project or the Sec- of title 49, United States Code. I urge Senators to agree to this retary determines that the project has re- (B) DRIVER OF A UTILITY SERVICE VEHICLE.— amendment. sulted in a lower level of safety than was The term ‘‘driver of a utility service vehi- The PRESIDING OFFICER. The maintained before the project was initiated. cle’’ has the meaning given that term in sec- question is on agreeing to the amend- ‘‘(5) NONAPPLICATION.—This subsection tion 31502(e)(2)(A) of title 49, United States does not apply to the application of regula- Code, as added by subsection (a). ment. (C) REGULATION.—The term ‘‘regulation’’ The amendment (No. 1952) was agreed tions issued under this chapter to vessels or aircraft.’’. has the meaning given that term in section to. (b) Section 5119(c) is amended by adding at 31132(6) of title 49, United States Code. Mr. BOND. I move to reconsider the the end the following: (D) UTILITY SERVICE VEHICLE.—The term vote. ‘‘(4) Pending promulgation of regulations ‘‘utility service vehicle’’ has the meaning Mr. CHAFEE. I move to lay it on the under this subsection, States may partici- given that term in section 345(e)(6) of the Na- table; pate in a program of uniform forms and pro- tional Highway System Designation Act of The motion to lay on the table was cedures recommended by the working group 1995 (49 U.S.C. 31136 note). agreed to. under subsection (b).’’. Mr. McCAIN. Mr. President, this (c) The chapter analysis for chapter 51 is AMENDMENT NO. 1953 amendment has to do with the disposi- amended by striking the item related to sec- (Purpose: To authorize the Secretary of tion 5117 and inserting the following: tion of hazardous materials. It has Transportation to implement hazardous been agreed to by both sides. material transportation pilot programs for ‘‘5117. Special permits, pilot programs, ex- emptions, and exclusions.’’. Mr. President, as I stated last week certain farm service vehicles, and for other during debate on the Commerce Com- On page 129, beginning with line 1, strike purposes) mittee’s safety amendment, negotia- Mr. MCCAIN. Mr. President, on be- through line 23 on page 133 and insert the fol- lowing: shall not apply to any driver of a tions were ongoing to alter several spe- half of myself and Senator HOLLINGS, I utility service vehicle during an emergency cial interest provisions that had been send an amendment to the desk. period of not more than 30 days declared by conditionally approved by the Commit- The PRESIDING OFFICER. The an elected State or local government official tee when we approved the comprehen- clerk will report. under paragraph (2) in the area covered by sive safety amendment last October. The assistant legislative clerk read the declaration. One of the more difficult areas the as follows: ‘‘(2) DECLARATION OF EMERGENCY.—The reg- Committee faced concerned the many ulations described in subparagraphs (A), (B), The Senator from Arizona [Mr. MCCAIN], requests we received to provide statu- for himself and Mr. HOLLINGS, proposed an and (C) of paragraph (1) do not apply to the amendment numbered 1953 to amendment driver of a utility service vehicle operated— tory exemptions for one industry or an- No. 1676. ‘‘(A) in the area covered by an emergency other from certain motor carrier safety declaration under this paragraph; and rules. Exemptions were sought from Mr. MCCAIN. I ask unanimous con- ‘‘(B) for a period of not more than 30 days sent reading of the amendment be dis- Hours-of-Service regulations, Commer- designated in that declaration. cial Drivers License (CDL) require- pensed with. issued by an elected State or local govern- The PRESIDING OFFICER. Without ments, and hazardous materials trans- ment official (or jointly by elected officials portation regulations. Of course, these objection, it is so ordered. of more than one State or local government), The amendment is as follows: after notice to the Regional Director of the type of requests are not new. In fact, On page 50, beginning with line 18, strike Federal Highway Administration with juris- we face them every time Congress con- through line 14 on page 51 and insert the fol- diction over the area covered by the declara- siders legislation affecting federal lowing: tion. motor carrier safety policy. March 11, 1998 CONGRESSIONAL RECORD — SENATE S1727 The Commerce Committee has The motion to lay on the table was The PRESIDING OFFICER. Is there a worked to avoid any statutory exemp- agreed to. sufficient second? There is a sufficient tions or regulation carve outs for sin- AMENDMENT NO. 1726 second. gle industries. At the same time, we The yeas and nays were agreed to. (Purpose: To provide that demonstration want to ensure there is a fair process Mr. MCCAIN. Mr. President, on be- projects shall be subject to any limitation by which all requests can be considered on obligations established by law that ap- half of myself, Senators MACK, GRAHAM appropriately. This compromise plies to Federal-aid highways and highway of Florida, THURMOND, COATS, amendment developed by Senators safety construction programs) BROWNBACK, KYL, and others, this HOLLINGS, BURNS, BRYAN, GORTON, amendment would require that any fu- Mr. MCCAIN. Mr. President, I send LOTT, and myself achieves these goals. ture highway demonstration projects amendment numbered 1726 to the desk In addition to the new process pro- be included under the annual obliga- and I ask for its immediate consider- vided under the safety amendment tion limitation. ation. adopted last week, which would permit Let there be no question. I remain the Secretary to examine innovative The PRESIDING OFFICER. The strongly opposed to so-called dem- approaches or alternatives to certain clerk will report. onstration, high priority, and any rules, this amendment clarifies the The assistant legislative clerk read other termed descriptions for ear- Secretary may carry out similar pilot as follows: marked projects. As I have done on pre- programs dealing with certain regula- The Senator from Arizona [Mr. MCCAIN], vious occasions, I will again offer an tions impacting the carriage of agricul- for himself, and Mr. MACK, Mr. GRAHAM, Mr. amendment during this debate a Sense tural production materials. This provi- BROWNBACK, Mr. THURMOND, and Mr. KYL, of the Senate Resolution, in opposition sion includes, however, specific criteria proposed an amendment numbered 1726 to to any future demonstration earmarks clearly stating that only projects that amendment No. 1676. in this reauthorization legislation. are designed to achieve a level of safe- Mr. MCCAIN. I ask unanimous con- At the same time, I recognize the ty equivalent to or greater than the sent reading of the amendment be dis- real possibility that Congress could, in safety level provided through compli- pensed with. its collective wisdom, continue to fol- ance with current regulatory standards The PRESIDING OFFICER. Without low the same path it has in prior high- are permitted. objection, it is so ordered. way funding bills—that is, to authorize pork barrel projects. Despite the ef- In addition, the amendment clarifies The amendment is as follows: and improves the process for providing forts of myself and many other mem- On page 41, line 11, insert ‘‘(excluding dem- bers, the final ISTEA reauthorization limited regulatory relief during times onstration projects)’’ after ‘‘programs’’. of emergencies for utility operators to bill coming out of Conference may very On page 41, line 16, insert ‘‘(excluding dem- well include earmarks—earmarks for better allow critical services to be car- onstration projects)’’ after ‘‘programs’’. ried out during times of emergencies. projects that in many cases aren’t even On page 44, strike line 5 and insert the fol- considered necessary among the I want to thank Senators HOLLINGS, lowing: States’ transportation priorities. BURNS, BRYAN, GORTON and LOTT and date of enactment of this subparagraph). Therefore, this amendment is an at- their staffs for working in a bipartisan ‘‘(3) DEMONSTRATION PROJECTS.— tempt to bring some semblance of eq- manner to achieve this compromise ‘‘(A) APPLICABILITY OF OBLIGATION LIMITA- uity should Congress fall back to the amendment. TIONS.—Notwithstanding any other provision same old earmarking status quo. Mr. LOTT. Mr. President, I would of law, a demonstration project shall be sub- ject to any limitation on obligations estab- My colleagues may better appreciate like to recognize Senator BURNS for his lished by law that applies to Federal-aid the importance of this amendment by efforts in obtaining passage of the Util- highways and highway safety construction reviewing the history of previously en- ity Service Vehicle amendment to the programs. acted highway bills. In 1982, 10 demos Intermodal Surface Transportation Ef- ‘‘(B) MAXIMUM OBLIGATION LEVEL.—For were authorized, costing a total of $362 each fiscal year, a State may obligate for ficiency Act. Senator BURNS’ support million. In 1987, 152 demo projects were and leadership on this issue has been demonstration projects an amount of the ob- ligation authority for Federal-aid highways created, costing a total of $1.4 billion. instrumental in reaching an important Then in 1991, the mother lode of all compromise that provides state and and highway safety construction programs made available to the State for the fiscal demo project bills, ISTEA, was signed local officials with much needed flexi- year that is not more than the product ob- into law. 538 location-specific projects bility in emergency situations. Essen- tained by multiplying— totaling $6.23 billion were created. tially, the emergency can be dealt with ‘‘(i) the total of the sums made available Since 1982, that’s a total of $8 billion in at the discretion of the appropriate for demonstration projects in the State for trust fund dollars that did not go out local official who has first hand exper- the fiscal year; by for general distribution to the states. tise in understanding the needs of their ‘‘(ii) the ratio that— ‘‘(I) the total amount of the obligation au- For far too long, highway demonstra- communities. More importantly, this tion projects have received preferential clarification enhances public safety. It thority for Federal-aid highways and high- way safety construction programs (including funding treatment. These projects are is our hope that the U.S. Department demonstration projects) made available to essentially paid for separately, with of Transportation will take advantage the State for the fiscal year; bears to states receiving demo project money of the flexibility provided by this ‘‘(II) the total of the sums made available on top of their annual highway pro- amendment and fully implement the for Federal-aid highways and highway safety gram allocations. transportation pilot programs author- construction programs (including dem- This treatment clearly distorts the ized by this legislation. Again, I want onstration projects) that are apportioned or allocated to the State for the fiscal year. allocation process because the ear- to commend Senator BURNS for his ef- marked projects are funded outside the forts in coordinating the bipartisan ‘‘(4) DEFINITION OF DEMONSTRATION PROJECT.—In this subsection, the term ‘dem- overall federal aid to highways obliga- compromise needed to ensure that the onstration project’ means a demonstration tion ceiling. Again, this distorted demo public’s well-being in emergency situa- project or similar project (including any allocation is outside the funding proc- tions is fully protected. project similar to a project authorized under ess established by the statutory for- Mr. CHAFEE. This amendment is any of sections 1103 through 1108 of the Inter- mulas—formulas that some of us will agreeable to this side. modal Surface Transportation Efficiency Act argue are already unfair to a number of The PRESIDING OFFICER. The of 1991 (105 Stat. 2027)) that is funded from the Highway Trust Fund (other than the states. question is on agreeing to the amend- Mass Transit Account) and authorized Our amendment would require that ment. under— any future, and I stress the word fu- The amendment (No. 1953) was agreed ‘‘(A) the Intermodal Surface Transpor- ture, demonstration projects funded to. tation Efficiency Act of 1997; or out of the highway trust fund be sub- Mr. MCCAIN. I move to reconsider ‘‘(B) any law enacted after the date of en- tracted directly from a state’s highway the vote. actment of that Act.’’. funding allocation. Mr. CHAFEE. I move to lay it on the Mr. MCCAIN. Mr. President, I ask for Contrary to the opinion our friends table. the yeas and nays on this amendment. in the House like to push, not all of us S1728 CONGRESSIONAL RECORD — SENATE March 11, 1998 buy the idea that special projects bene- demo-type funding projects are not The PRESIDING OFFICER. Without fit our states’ and nation’s transpor- fully accepted by the conferees, we objection, it is so ordered. tation system. The GAO said that ‘‘if must ensure a safety valve is in place. Mr. CHAFEE. Mr. President, I sug- demonstration projects were brought The McCain/Mack/Graham/Thurmond/ gest the absence of a quorum. under the obligation limitation, all Coats/Brownback/Kyl amendment is The PRESIDING OFFICER. The states would benefit from an increase one such safety valve. clerk will call the roll. in their flexibility to target annual ob- Under our amendment, a state would The assistant legislative clerk pro- ligations to programs and projects that be provided the authority to choose to ceeded to call the roll. were ready to go.’’ fund a congressionally-favored high- Mr. ABRAHAM. Mr. President, I ask GAO further reported that the major- way, bypass, bridge, or another road unanimous consent that the order for ity of states would have benefitted if project named in ISTEA II out of the the quorum call be rescinded. the money provided under the guise of money it receives annually. Simply The PRESIDING OFFICER. Without demos had been allocated according to put, our amendment would allow states objection, it is so ordered. the ISTEA formula. In one year GAO to be the final arbitrator with respect AMENDMENT NO. 1951 analyzed, it found that ‘‘33 states, plus to spending its federal funding re- Mr. ABRAHAM. Mr. President, I in- the District of Columbia and Puerto sources on demonstration projects. tend, in a moment here, to move for- Rico, would have received more obliga- In addition, our amendment will re- ward with a couple of amendments. Be- tion authority if demonstration store modest spending equity for states fore I do, I wanted to comment on the projects were made subject to the obli- that have relatively little demonstra- earlier action that was taken a little gation limitation.’’ tion project funding. Why should states bit ago with regard to the manager’s The GAO said that ‘‘if demonstration that don’t happen to have members amendment pertaining to States, projects were brought under the obliga- who champion pork-barrel projects which was designed to provide a num- tion limitation, all states would bene- have their allocation reduced to pay ber of us who did not fit regionally fit from an increase in their flexibility for other states’ earmarks? Simply put, within either the Appalachian Regional to target annual obligations to pro- they shouldn’t. Commission qualifications or the den- grams and projects that were ready to Earmarked demonstration projects sity corridor qualifications with an op- go.’’ subvert statewide and metropolitan portunity to benefit from some of the Further, during DOT Secretary planning processes to the extent that unique additional dollars that have Slater’s confirmation hearing last projects are advanced that might not been made available through the ear- have been chosen based on area needs, year, he forcefully expressed the Ad- lier amendment that Senator CHAFEE benefit-cost analysis, or other criteria. ministration’s opposition to dem- offered. onstration projects. Secretary Slater Our amendment will also guarantee a We have worked very closely with state’s authority to control its high- said demonstration projects ‘‘take re- Senator CHAFEE and his staff, Senator way spending authority. sources from the trust fund for general WARNER and his staff, and Senator There are critical needs throughout distribution.’’ He went on to say that BAUCUS and his staff to try to address our nation’s transportation network. avoiding creation of new projects some of these equity issues. I thank Clearly, states don’t need Congress to would add more money to the trust micromanage and dictate their plan- them for their ongoing patience and ef- fund for general distribution purposes. ning process. The traveling public cer- forts to assist us. We, certainly, in Now, I recognize S. 1173 does not in- tainly is not well served when Wash- Michigan—as I have spoken earlier dur- clude new demos, and I commend the ington forces limited funding to be ing the discussions of this legislation, Chairman and Ranking member of the spent on unnecessary road projects. Michigan is a State that has been try- Environment and Public Works Com- Three years ago, the Senate adopted ing to gain more equity. I know we mittee for holding firm to this posi- my amendment to prohibit funding for have been persistent, as both managers tion. However, I also realize that our ‘‘future’’ demo projects. The amend- have indicated in previous conversa- House colleagues are not expected to ment passed by a vote of 75 to 21. Last tions. We are being persistent for obvi- adopt a similar course of action. year, the Senate unanimously approved ous reasons. But we do appreciate it, Let’s consider what is happening in my Sense of the Senate Resolution to and I want to publicly acknowledge the the House and its efforts to reauthorize the Budget Resolution again expressing cooperation we have received. ISTEA. There are reports that more opposition to future demonstration I think the amendment that was than 400 members in the House have projects. The Senate is on record for agreed to today goes a long way in placed requests for highway, bridge, or opposing new earmarks and we must helping us to address those issues. We transit projects. Of course, they were remain on record. all want to have the best outcome, but also actively solicited to do so by the I remind my colleagues that $8 bil- we realize there are many other incon- Chairman and Ranking Member of the lion already has been siphoned away sistent viewpoints being expressed committee of jurisdiction. And I’ve from the states’ highway allocations. around the floor, and to help everybody been told these requests include more And donor states like Arizona and is often difficult. I think the managers than 1,000 projects—requests that could Florida and Indiana don’t need to have have gone the extra mile to address total hundreds of millions of dollars, any more of our gasoline tax dollars these things and I thank them. dollars that will be siphoned away from taken away in order to finance dem- AMENDMENT NO. 1380 TO AMENDMENT NO. 1676 formula-driven state allocations and onstration projects in donee states. (Purpose: To provide for continuation of eli- funneled to individually-designated I urge my colleagues to vote in favor gibility for the International Bridge, Sault state or local projects. of the McCain/Mack/Graham/Thur- Ste. Marie, Michigan) In one committee print there’s even a mond/Coats/Brownback/Kyl amend- Mr. ABRAHAM. Mr. President, I send new funding item called ‘‘legislative ment as a backstop to provide some an amendment to the desk and ask for discretionary projects.’’ I wasn’t aware needed sanity to the ISTEA II con- its immediate consideration. we needed to set up a separate kitty for ference agreement. The PRESIDING OFFICER. The legislative, member-favored projects. I yield the floor. clerk will report. How much would this new legislative Mr. CHAFEE. Mr. President, it’s my The assistant legislative clerk read discretionary account consume? My understanding that the yeas and nays as follows: calculations indicate $9.07 billion. That have been ordered on this amendment; The Senator from Michigan [Mr. ABRA- is almost double the level earmarked is that correct? HAM], for himself and Mr. LEVIN, proposes an in ISTEA, and the bill isn’t even out of The PRESIDING OFFICER. That’s amendment numbered 1380 to amendment conference. correct. No. 1676. This is offensive. And I’ll do every- Mr. CHAFEE. Mr. President, I ask Mr. ABRAHAM. Mr. President, I ask thing in my power to make sure that unanimous consent that this amend- unanimous consent that reading of the such outlandish action is not condoned ment, No. 1726, be laid aside and be in amendment be dispensed with. by the Senate. However, in the event order at a later time, regardless of the The PRESIDING OFFICER. Without my efforts to entirely stop all new outcome of the cloture vote. objection, it is so ordered. March 11, 1998 CONGRESSIONAL RECORD — SENATE S1729 The amendment is as follows: ations, and future capital improve- ‘‘(C) is not land described in section 138; On page 309, between lines 3 and 4, insert ments to the bridge. and the following: Finally, it will be nearly impossible ‘‘(D) does not influence the environmental SEC. 18 . INTERNATIONAL BRIDGE, SAULT STE. to reestablish a toll once it has been assessment of the project, including— ‘‘(i) the decision as to the need to con- MARIE, MICHIGAN. discontinued, even if ostensibly for a The International Bridge Authority, or its struct the project; successor organization, shall be permitted to short time. ‘‘(ii) the consideration of alternatives; and continue collecting tolls for maintenance of, For those reasons, this amendment ‘‘(iii) the selection of a specific location. operation of, capital improvements to, and will try to address this anomaly and is On page 140, strike line 15 and insert the future expansions to the International needed to allow Michigan to more ef- following: Bridge, Sault Ste. Marie, Michigan, and its fectively enter into a new agreement (3) in paragraph (3), by striking ‘‘agency of approaches, plaza areas, and associated with Ontario and cover the costs of the a Federal, State, or local government’’ and structures. bridge during the transition. inserting ‘‘agency of the Federal Govern- Mr. ABRAHAM. Mr. President, the ment’’; For those reasons, I believe the man- On page 140, strike line 20 and all that fol- International Bridge connects Sault agers on both sides have cleared this lows and insert the following: Ste. Marie, Michigan with Sault Ste. amendment. I hope we can agree to it (c) CREDITING OF CONTRIBUTIONS BY UNITS Marie, Ontario, providing a link for at this time. OF LOCAL GOVERNMENT TOWARD THE STATE both the exchange of goods between the Mr. CHAFEE. Mr. President, this SHARE.—Section 323 of title 23, United States United States and Canada, as well as amendment is acceptable to this side. Code, is amended by adding at the end the allowing commuters to traverse be- Mr. BAUCUS. Mr. President, it is following: ‘‘(e) CREDITING OF CONTRIBUTIONS BY UNITS tween these sister cities. also acceptable to this side. This en- Vehicle traffic averages over three OF LOCAL GOVERNMENT TOWARD THE STATE ables Michigan to continue to collect a SHARE.—A contribution by a unit of local million crossings a year, with commer- toll that it is not collecting. It basi- government of real property, funds, mate- cial trucks increasing in the wake of cally continues to make the payments rial, or a service in connection with a project NAFTA by 13 percent in the last year status quo. It is a good amendment. eligible for assistance under this title shall alone. The PRESIDING OFFICER (Mr. be credited against the State share of the U.S. Public Law 889 of 1940 authorized project at the fair market value of the real BURNS). If there is no more debate, the the State of Michigan, through the property, funds, material, or service.’’. question is on agreeing to the amend- International Bridge Authority, to con- (d) CONFORMING AMENDMENTS.— ment of the Senator from Michigan. struct, maintain, and operate this toll (1) Section 323 of title 23, United States The amendment (No. 1380 to Amend- bridge. The administration of this toll Code, is amended by striking the section ment No. 1676) was agreed to. was specifically permitted by this act. heading and inserting the following: However, the law also required that Mr. ABRAHAM. Mr. President, I ‘‘§ 323. Donations and credits.’’. upon retiring the construction debt, move to reconsider the vote by which (2) The analysis for chapter 1 of title 23, the bridge would revert from the au- the amendment was agreed to. United States Code, is amended— thority to the State of Michigan and Mr. CHAFEE. I move to lay that mo- (A) by striking the item relating to section 108 and inserting the following: the Province of Ontario. The debt from tion on the table. the original construction will be repaid The motion to lay on the table was ‘‘108. Advance acquisition of real property.’’; in full in the year 2000. Negotiations agreed to. and are underway for the joint ownership Mr. CHAFEE. Mr. President, I thank (B) by striking the item relating to section 323 and inserting the following: treaty between Michigan and Ontario. the Senator from Michigan for his kind The question is, however, what will comments about the work we did. He is ‘‘323. Donations and credits.’’. happen to the toll when the debt is re- right; he can clearly be labeled persist- Mr. ABRAHAM. Mr. President, often tired. It was previously believed that ent, and he worked very hard on this. times, as my State’s Department of section 1012 of ISTEA resolved the toll He represents his State with great Transportation undertakes new high- issue at the federal level by specifying vigor; I can testify to that. And he can way projects, donations are offered in toll bridges could be eligible for federal be satisfied with what was accom- order to assist in the development of funds. However, section 1012 covers plished here. So I congratulate him for these projects. only those crossings that have a toll the work he did. Up to now, these have been limited to agreement with the Federal Highway Mr. ABRAHAM. I thank the Senator. those businesses, organizations, and in- Administration and already fall under Mr. President, I thank the Senator dividuals who believe the advancement title 23. from Rhode Island for his comments of these projects will assist them. This cannot be applied, however, to and, as I said earlier, for his many ef- Their reasons could be that there will the International Bridge. The Inter- forts. be economic growth resulting from this national Bridge was financed with I would also like to offer an amend- highway project that will directly ben- bonds independent of the Federal High- ment to the committee amendment. efit them, or that they wish to see a way Administration, and therefore in- AMENDMENT NO. 1955 TO AMENDMENT NO. 1676 project develop in a certain direction stituted a toll agreement with the Fed- (Purpose: To improve the provisions relating that will be facilitated by the donation eral Highway Administration. to credit for acquired lands) of this property, supplies or services. Because of this catch-22 situation in Mr. ABRAHAM. Mr. President, I send These donations can make the dif- ISTEA, the International Bridge is an amendment to the desk. ference between whether or not the therefore ineligible for federal funds The PRESIDING OFFICER. The project is undertaken. under section 1012 of ISTEA, although clerk will report. Often times the amount of the fed- similar toll bridges would be if they The legislative clerk read as follows: eral funds are insufficient to complete the project, especially federally man- had financed the bridge through the The Senator from Michigan (Mr. ABRA- FHWA. HAM), for himself, and Mr. LEVIN, proposes an dated projects. This becomes especially problematic amendment numbered 1955 to amendment Because the value of the donation as the bridge is expected to retire it’s No. 1676. can be applied to the State’s match re- debt in 2000, and the bridge is turned Mr. ABRAHAM. Mr. President, I ask quirement for federally funded over to Michigan and Ontario. unanimous consent that reading of the projects, a donation like these can pro- Canada is not subject to this prohibi- amendment be dispensed with. vide the funds necessary to not only tion, and will continue to operate a toll The PRESIDING OFFICER. Without meet the State’s match, but provide after the debt is retired. objection, it is so ordered. the funds necessary to make up for in- For the United States to stop the toll The amendment is as follows: sufficient federal funds. on its side of the bridge after 2000 will An example may better illustrate On page 139, strike lines 22 through 24 and place us in an unequal position vis-a- insert the following: this point. vis the Canadians, making negotiations ‘‘(A) is obtained by the State or a unit of A community in my state was des- for joint ownership more difficult. local government in the State, without vio- ignated for demonstration project to It will also deny the most secure lation of Federal law; expand the capacity of a major artery funding source for maintenance, oper- ‘‘(B) is incorporated into the project; through that city. S1730 CONGRESSIONAL RECORD — SENATE March 11, 1998 However, the level of federal funding way System bill. When this is agreed proposal for interim trail use of a railroad was only $15 million on a $25 million to—and I think it will be—States, and right-of-way unless— project. particularly local governments, will be ‘‘(A) at least half of the units of local gov- ernment located within the rail corridor for The normal state match for a project able to use land, or gravel, or building which the interim trail use is proposed pass like this, $3 million, would still leave materials as ‘‘in kind’’ contributions a resolution opposing the proposed trail use; the community $7 million short of for their State’s match instead of cash. and completing this project. They can use other assets to meet that ‘‘(B) the resolution is transmitted to the However, this community has also requirement. This will be particularly Surface Transportation Board within the ap- acquired over $6 million in property helpful for local communities that plicable time requirements for rail line aban- donment proceedings. rights of way along the project cor- want to build bike paths, or some other ‘‘(3) The limitation in paragraph (2) shall ridor. similar use of State highway funds, not apply if a State has assumed responsibil- By donating this project, and allow- which is provided for in law. If the ity for the management of such right-of- ing the value of this property, which local community comes up with the way.’’ has since increased in value to about $9 gravel, and the work efforts, that will Mr. BROWNBACK. Mr. President, we million, to be applied to the State be the match that will allow the Fed- have been working with all parties in- match, the State could not only save eral funds to then be used for either en- volved on the majority side and the mi- the state match requirement of $3 mil- hancement, like a bike path, or some nority side, and with the various com- lion for other high priority projects, other project allowed under the under- mittees involved with the issue, re- but apply the remainder to the deficit lying bill. garding rails and trails. I understand in federal funds, thereby allowing the So I commend the Senator. This is an that this amendment has been agreed federal funds to finally be utilized. extension. It goes beyond what is cur- to and will be accepted by all of the The benefits of allowing these dona- rently allowed in the National High- various people involved. tions was realized by the drafters of way System legislation. Today I offer an amendment that will section 323 of title 23, U.S. Code, by al- I very much thank the Senator for increase local input in community lowing any donations of property, sup- bringing this to the Senate’s attention planning regarding recreational rail- plies, services, or funds by ‘‘a person’’ and for building upon an idea which I trails. Today, while a railroad is in the could apply to a State’s match require- think makes sense in the first place. process of petitioning to abandon rail- ments. The PRESIDING OFFICER. Without road tracks, outside groups may take However, the experience in my state objection, the amendment is agreed to. over that right of way—and the local has been that the Department of The amendment (No. 1955) was agreed government may have no say in the Transportation has determined that a to. matter whatsoever. Railroads and pri- local unit of government does not fit Mr. ABRAHAM. Mr. President, I vate groups may make decisions as to the legal definition of a ‘‘person.’’ move to reconsider the vote by which how large portions of land are used, I disagree with this interpretation, the amendment was agreed to. and property owners and local govern- but that is the interpretation by the Mr. CHAFEE. I move to lay that mo- ments are not even consulted. federal agency charged with executing tion on the table. Under current law, a right-of-way for these laws, and absent their reversing The motion to lay on the table was a railroad that is about to be aban- this interpretation, donations from agreed to. doned may be used to establish a rec- these units of government cannot be Mr. ABRAHAM. Mr. President, I reational rail-trail, thereby preserving fully leveraged for Michigan transpor- yield the floor. the rail corridor in the case that the tation needs. The PRESIDING OFFICER. Who right-of-way is needed in future. The This could provide our states with yields time? decision making authority for estab- significant increases in the highways Mr. CHAFEE. Mr. President, I sug- lishing a rail-trail lies solely with the dollars available. gest the absence of a quorum. railroad, the Surface Transportation With just two examples of which I am The PRESIDING OFFICER. The Board, and private groups advocating aware of local units of government ca- clerk will call the roll. trail development. A fatal flaw is that pable of donating property, goods, serv- The legislative clerk proceeded to there is no component for local com- ices or funds to complete highway call the roll. munity involvement, including the projects, my state could save over $11 Mr. BROWNBACK. Mr. President, I input of those who own property adja- million in total project costs. ask unanimous consent that the order cent to railroad corridors and who are These are funds that could be applied for the quorum call be rescinded. most directly affected by the change in to other projects. So, in essence, these The PRESIDING OFFICER. Without use of the right-of-way. donations would be the same as in- objection, it is so ordered. The process of creating rail trails creases in federal funding. AMENDMENT NO. 1956 TO AMENDMENT NO. 1676 from old railroad lines begins when a Therefore, Mr. President, I urge Mr. BROWNBACK. Mr. President, I railroad petitions the Surface Trans- adoption of this amendment in hopes send an amendment to the desk. portation Board to abandon a line. Nor- that we can provide the equivalent of The PRESIDING OFFICER. The mally, if the STB determines that a more money for our states, without clerk will report. line may be abandoned, it issues the having to actually spend more money. The legislative clerk read as follows: railroad a certificate of abandonment. Therefore, the purpose of this amend- The Senator from Kansas (Mr. BROWNBACK) However, under the National Trails ment would be to correct this interpre- proposes an amendment numbered 1956 to System Act, once a railroad files a pe- tation and to allow contributions made amendment No. 1676. tition to abandon groups may suspend by local governments to be added to Mr. BROWNBACK. Mr. President, I the abandonment by requesting to the group of contributions that have ask unanimous consent that reading of enter negotiations with the railroad to been already interpreted as counting the amendment be dispensed with. establish a trail. These trail groups toward a State match. The PRESIDING OFFICER. Without may purchase the corridor or I believe, again, this amendment has objection, it is so ordered. ‘‘railbank’’ it—in other words, convey been agreed to on both sides. I urge its The amendment is as follows: the right-of-way with the provision adoption. On page 309, between lines 3 and 4, insert that it will return to the railroad if it Mr. CHAFEE. Mr. President, the Sen- the following: resumes service in the future. If the ator from Michigan is quite right; this Section 8(d) of the National Trails System trail group signs a statement of will- amendment is acceptable at this time. Act (43 U.S.C. 1247(d)) is amended by— ingness to assume responsibility for Mr. BAUCUS. Mr. President, I com- (1) Striking ‘‘The’’ and inserting in lieu the right of way, and it comes to an mend the Senator from Michigan. thereof, ‘‘(1) The’’; agreement with the railroad on the (2) By adding at the end thereof the follow- This amendment, which is very bene- ing new paragraphs: terms under which the land will be con- ficial to States, and particularly local ‘‘(2) Consistent with the terms and condi- veyed, then the Surface Transportation governments, frankly, is an extension tions imposed under paragraph (1), the Sur- Board is obligated to allow the group of the provision in the National High- face Transportation Board shall approve a to develop the rail corridor. March 11, 1998 CONGRESSIONAL RECORD — SENATE S1731 This negotiation takes place not in In fact, one of the hallmarks of the Mr. CHAFEE. Mr. President, I know the communities where the proposed ISTEA legislation that we are debating the Senator from Kansas worked hard trails are, but rather behind closed today is that it through Metropolitan on this, and we have worked with him. doors here in Washington. At no point Planning Organizations it incorporates I am absolutely confident that every- is there an opportunity for meaningful the concept of local involvement in thing is all set here. Meanwhile, none- citizen participation in making the de- transportation planning, which, prior theless, there is a request that has termination of the best use of the land. to 1991, was largely absent from the been made, so we will have to defer to Many community members have federal program. I simply want to cor- that. What I suggest to the Senator is, learned of proposed rail trails not by rect the disconnect that exists between let’s set his amendment aside, and as reading the newspaper or by attending provisions of the National Trails Sys- soon as things get cleared—which I a community meeting, but by looking tem Act and the philosophical think will be momentarily—we will go in their backyards. This is wrong. underpinnings of the ISTEA legisla- right back to it. The issue of rail trail development is tion. Before we do that, I have several an extremely divisive issue in Kansas— Mr. President, I do not have an objec- points of clarification on the amend- perhaps more so than in any other tion to the Rails to Trails program. In ment allowing for the disapproval, by state in the country. One reason that fact, my amendment does not limit the Surface Transportation Board, of a this issue has become so inflammatory rail-trail funding or prohibit rail-trails railbanking request at least half of the is because Kansas state law provides from being developed where they are local jurisdictions through which the that ownership of an abandoned rail- wanted by the local community. I do, rail corridor proposed for railbanking road right-of-way will revert to the however, have an objection to a process affirmatively oppose the request. Will original property owners. However, whereby railroads, private groups, and the Senator from Kansas confirm my Federal law preempts Kansas State law federal bureaucrats can make sweeping understanding of his amendment? and prevents property owners’ rights to land use decisions, while private prop- Mr. BROWNBACK. I would be de- regain possession of the land where erty owners and local authorities are lighted to clarify the intent and con- there is a group ready to establish a shut out. Let’s improve that process by tent of my amendment for the Senator trail. giving local governments a decision- from Rhode Island. Mr. President, my goal here is not to making role. Mr. CHAFEE. Thank you. First, al- take sides in this emotionally charged Mr. President, with that I urge adop- though it is not explicitly referenced in issue. I empathize with private prop- tion of the amendment. the wording of the amendment whether erty owners who believe that trails Several Senators addressed the its terms would apply to rail corridors give rise to trespassers and crime, and Chair. that already are railbanked, and which lower the value of their property. The PRESIDING OFFICER. The Sen- already have been transferred from the Moreover, I believe it is a valid asser- ator from Montana. railroad to the railbanking agency, it Mr. BAUCUS. Mr. President, I am tion that trail development, where re- is my understanding that your amend- glad to yield to the Senator from New versionary property rights exist, con- ment does not apply to corridors where York. stitutes a taking of private property a notice or certificate of interim trail The PRESIDING OFFICER. The Sen- use under section 1247(d) of title 23, for which just compensation should be ator from New York. paid. In fact, this opinion was upheld United States Code, already has been Mr. MOYNIHAN. Mr. President, I rise issued by the Surface Transportation by the U.S. Court of Appeals in Novem- simply to congratulate the Senator ber 1996. Private property owners have Board. The amendment only will be ap- from Kansas on this amendment, which plied prospectively. Am I correct in my legitimate concerns. I hope will be accepted. I can attest However, I also understand the be- understanding? that in my own State of New York this Mr. BROWNBACK. You are correct. liefs of trail advocates, who view trail kind of difficulty has arisen. I think development as a means of economic The amendment will not affect any the amendment will have an important corridor for which a certificate or no- growth and who strive to improve the effect in bringing about agreed solu- tice of interim trail use has been issued quality of life for communities. My tions as against agitated—how do I by the Surface Transportation Board goal here is not to ‘‘kill railbanking.’’ say—contested solutions. prior to the date of enactment of this This amendment does not kill So I thank the Senator. If I could, I law. railbanking and does not impede the ask that I be added as a cosponsor, and Mr. CHAFEE. Thank you. Now, it is ability of groups to propose rail-trail yield the floor. my understanding that this amend- projects during normal abandonment The PRESIDING OFFICER. Without ment does not, in any way, amend ex- proceedings. In fact, I maintain that objection, it is so ordered. isting abandonment proceedings as reg- opposition to rail trails by property The Senator from Montana. ulated under the Interstate Commerce owners might not be so solidified if the Mr. BAUCUS. Mr. President, it is my Act. Is that correct? property owners were more engaged in understanding this amendment has Mr. BROWNBACK. That is correct. the decision making process. As it been worked out. I thank the Senator This amendment does not seek to en- stands, the resentment they feel for for his cooperation. I regret I must say croach in any way, shape, or form, having trail development forced upon that when we informed Senator BUMP- abandonment procedures established them fuels their anger and strengthens ERS, who is the ranking member of the under the Interstate Commerce Act. their resolve to oppose both current Committee on Energy and Natural Re- Those procedures are entirely within and future trail development. sources, the committee that has juris- the jurisdiction of the Surface Trans- My goal here, in fact, is to improve diction over this amendment, we were portation Board and the Senate Com- the process so that people on both sides informed by his staff that he wanted to merce Committee, as the authorizing of this issue will receive an equitable come over and look at exact language agency overseeing these rules and pro- opportunity to air their views before and make sure it was the same lan- cedures. any designation of a trail is made. This guage that was agreed to. I do not ex- Mr. CHAFEE. Thank you for that is not an issue of whether rail-trails pect that to, A, take long or, B, to be clarification. It also is my understand- are good or bad; it is an issue of wheth- a problem. In fact, they told us they ing that the purpose of your amend- er it is the role of the federal govern- were on their way over about 10 min- ment is to provide clear opportunities ment to engage in community plan- utes ago. for local input into the railbanking ning. I contend that it is not. The fed- We cannot clear it pending that reso- process in instances where section eral government has authorized the de- lution. I suggest to the chairman, per- 1247(d) of title 16 is being invoked by velopment of trails on railroad rights haps if we lay this amendment aside, parties other than the states, U.S. ter- of way, and I do not seek to dismantle we can take up another amendment. ritories, Commonwealth, and the Dis- that authorization. I simply believe But I expect it to be cleared very trict of Columbia? that it should be at the discretion of quickly. Mr. BROWNBACK. Yes, that is cor- the local government whether that au- The PRESIDING OFFICER. The Sen- rect. The intent behind this amend- thorization should be utilized. ator from Rhode Island. ment is to ensure that in instances S1732 CONGRESSIONAL RECORD — SENATE March 11, 1998 specified in the amendment, a forum though, indeed, tenacious. I congratu- amendment. How will it impact the can be created for local public dialogue late him for his theory, which is a good work load of the Surface Transpor- with the Surface Transportation one. The local folks should be con- tation Board, the agency which holds Board. Finally, I would add that we sulted on these matters. He has worked jurisdiction over rail abandonment and have worked with Senators from both it out. I am confident all the problems rail banking matters? How is the STB sides of the aisle and with private in- are taken care of. to know what constitutes the majority terest groups including the Kansas I say to the Senator, if he is not here of local governments? Further, how is Farm Bureau, the Kansas Livestock when we get the approval, with his ap- this new process carried forward when Association, and the national Rails-to- proval I will just go ahead and urge the only one community is along a pro- Trails Conservancy. adoption of the amendment and get it posed trail? Would that one local gov- Mr. CHAFEE. Mr. President, the pur- agreed to, if that is agreeable to him. ernment have veto authority over a pose of the amendment offered by my Mr. BROWNBACK. Yes. new trail? colleague from Kansas is to provide Mr. BAUCUS. Mr. President, I do Mr. President, I strongly believe clear opportunities for local input into commend the Senator for his patience. these and other considerations must be the railbanking process where section I say to the Senator, we have again addressed as this legislation continues 8(d) of the National Trails System Act sent an urgent plea over to Senator through conference. As Chairman of is invoked. The National Trails System BUMPERS’ office to make sure his staff the Senate Committee on Commerce, Act provides for the preservation of comes over immediately. We made the Science, and Transportation, which has otherwise abandoned rail corridors request 10 or 12 minutes ago. Just 1 jurisdiction over the STB, I am com- through interim use as trails. In short, minute ago, I renewed the request to mitted to further exploring this matter it has allowed railroads wishing to have the staff come over. along with any and all anticipated ef- abandon a line to enter into a vol- The fact is, the more we talk about fects of this amendment when we hold untary agreement with a trail-manag- this and commend the Senator, the hearings later this month on the STB’s ing agency, to turn the abandoned more likely we are going to kill two reauthorization. I will work to ensure right-of-way into a trail for bicycling, birds with one stone. If people realize our findings are carefully considered walking, snowmobiling, horseback what the Senator is doing, by that during conference consideration. riding and the like. time maybe the staff will be over here Mr. President, railbanking is a vol- Railbanking is a complex and sen- to get this thing cleared. I do not see untary program requiring agreement sitive issue that is in the jurisdiction them yet. I don’t see any problems, but between the railroad abandoning a line of the Senate Energy and Commerce I must honor the request by the Sen- and a trail-managing agency—most, Committees. I am pleased that Senator ator from Arkansas that we wait until which I understand, are local. I want to BROWNBACK has worked with the Chair- his staff looks at the exact language. ensure that in an effort to improve the man and ranking members of both of Mr. McCAIN. Mr. President, I would current process, we are not uninten- these committees and with the Na- like to comment briefly on the tionally jeopardizing future trails. I tional Rails-to-Trails Conservancy to Brownback amendment adopted earlier look forward to working with my col- come to an agreement that does not today which proposes to alter the leagues on this important matter in limit the development of rail trails or present rails-to-trails process. While I the weeks ahead. detract from the good work done by did not formally object to the unani- AMENDMENT NO. 1911 TO AMENDMENT NO. 1676 the railbanking program. mous consent approval of that amend- (Purpose: To save lives and prevent injuries The PRESIDING OFFICER. The Sen- ment, I continue to hold serious res- to children in motor vehicles through an ator from Kansas. ervations over it. Indeed, I believe the improved national, State, and local child Mr. BROWNBACK. Mr. President, I proposal warrants further analysis protection program) thank the manager of this bill, who has prior to enactment. Mr. ABRAHAM. Mr. President, I been extraordinarily patient with us in I recognize the sponsor of the amend- would like to call up my amendment working this through. We have worked ment has concerns over the current 1911, please. closely with Senator BUMPERS’ staff. It manner in which trails are established. The PRESIDING OFFICER. Without was several days working this out. It However, I am concerned the amend- objection, the pending amendment is was our understanding they had no dif- ment offers the potential to greatly set aside. The clerk will report. ficulty and they were in agreement impede the establishment of future The legislative clerk read as follows: with this language. trails. The Senator from Michigan [Mr. ABRA- I also thank the Senator from New Let me be clear. I agree it is appro- HAM], for himself and Mr. DODD, proposes an York for his kind comments. This sim- priate to consider the current amendment numbered 1911 to amendment ply does provide for a modicum of local railbanking structure. I further under- No. 1676. input, to try to provide some means for stand the sponsor’s interest in ensuring Mr. ABRAHAM. Mr. President, I ask people locally to comment on this. It involvement by the local-area govern- unanimous consent that reading of the doesn’t affect existing trails. That is ments during the process. That is an amendment be dispensed with. why we proposed this. important consideration and, in fact, The PRESIDING OFFICER. Without I thank the Senator from Rhode Is- local governments as well as any inter- objection, it is so ordered. land for all of his efforts, along with ested persons already have the ability (The text of the amendment is print- those of the Senator from Montana, to participate in the process. However, ed in the March 9, 1998 edition of the too. I hope we can get this resolved they do not have the ability to veto an RECORD.) within the next 10 minutes if possible. agreement reached at the end of the AMENDMENT NO. 1911, AS MODIFIED, TO I will stay here on the floor, so maybe process. Similarly, no one has the abil- AMENDMENT NO. 1676 while we are considering this next ity to force a trail’s establishment. Mr. ABRAHAM. Mr. President, at amendment, we could get this resolved There is a balance. this point I send to the desk a modi- right after that, if that is at all pos- The amendment adopted would pre- fication of my amendment. The PRESIDING OFFICER. Without sible. vent the establishment of a new trail if The PRESIDING OFFICER. The Sen- the majority of the local governments objection, the Senator may modify his ator from Rhode Island. along the rail right-of-way pass a reso- amendment. The amendment (No. 1911), as modi- Mr. CHAFEE. I congratulate the Sen- lution opposing the proposed trail use. fied, is as follows: ator from Kansas. He has been very, While that sounds reasonable at first In section 410 of title 23, United States very patient. I think it was about last glance, I believe the Congress needs to Code, as amended by section 3101(g)(1)— week I said to him, ‘‘You are next up.’’ better understand how such a new re- (1) strike the section heading and insert Then problems arose and problems quirement would be implemented effi- the following: arose and we could not get to it. Each ciently. ‘‘§ 410. Safety belts and occupant protection time I had to go to him and say, ‘‘We For example, I believe we must care- programs’’; have to slip you back a little bit here.’’ fully consider any implementing dif- (2) in the first sentence, insert ‘‘(a) IN GEN- But he was very patient and helpful al- ficulties likely to result with this ERAL.—’’ before ‘‘The Secretary shall’’; and March 11, 1998 CONGRESSIONAL RECORD — SENATE S1733 (3) add at the end the following: 3101(g)(2), strike ‘‘program’’ and insert ‘‘pro- Jane and I have joined with the SAFE ‘‘(b) CHILD OCCUPANT PROTECTION EDU- grams’’. KIDS coalition back in our state of CATION GRANTS.— Mr. ABRAHAM. Mr. President, I Michigan, to work on this problem. ‘‘(1) DEFINITIONS.—In this subsection: would like to speak briefly about this What we’ve learned is this: understand- ‘‘(A) COVERED CHILD OCCUPANT PROTECTION amendment, which I offer on behalf of ing which seat is age- and size-appro- EDUCATION PROGRAM.—The term ‘covered myself and Senators DODD and MCCAIN. priate for your child and knowing how child occupant protection education pro- gram’ means a program described in sub- I believe this amendment will save to install that seat—and how to prop- section (a)(1)(D). many children’s lives and prevent erly secure the child in that seat—can ‘‘(B) COVERED STATE.—The term ‘covered countless injuries. be very confusing for parents. State’ means a State that demonstrates the Last October, I introduced S. 1312, The amendment offered today by my- implementation of a program described in the Child Passenger Protection Act. self, Senator DODD and Senator MCCAIR subsection (a)(1)(D). This bill sought to provide $7.5 million is designed to help eliminate much of ‘‘(2) CHILD PASSENGER EDUCATION.— to the U.S. Department of Transpor- that confusion. Our amendment would ‘‘(A) GRANTS.— tation for each of the next two years provide $7.5 million for each of the next ‘‘(i) IN GENERAL.—Subject to the availabil- two fiscal years to the U.S. Depart- ity of appropriations, the Secretary may for the purpose of awarding grants to make a grant to a covered State that sub- State highway agencies and other pub- ment of Transportation for the purpose mits an application, in such form and man- lic safety organizations which promote of awarding grants to State highway ner as the Secretary may prescribe, that is important safety information on the agencies and child passenger safety or- approved by the Secretary to carry out the use of car seats. My amendment today, ganizations who promote important activities specified in subparagraph (B) which has been cosponsored by my col- safety information on the use of child through— league from Connecticut, Senator safety seats. ‘‘(I) the covered child occupant protection DODD, is essentially identical to S.1312. While national programs such as the program of the State; and Air Bag & Seat Belt Safety Campaign ‘‘(II) at the option of the State, a grant We believe this amendment will en- courage and expedite the dissemination already exist to help instruct parents program established by the State to provide on the proper location for placing child for the carrying out of 1 or more of the ac- of child safety seat information to par- tivities specified in subparagraph (B) by a ents and help save children’s lives in safety seats in vehicles, there is cur- political subdivision of the State or an ap- the process. rently no national program designed to propriate private entity. Mr. President, I urge my colleagues instruct parents on how properly to in- ‘‘(ii) GRANT AWARDS.—The Secretary may to consider the following alarming sta- stall child safety seats or to secure make a grant under this subsection without tistics. Motor vehicle crashes are the children in those safety seats. regard to whether a covered State is eligible leading cause of unintentional injury- This amendment will provide critical to receive, or has received, a grant under related death among children ages 14 assistance for training public safety of- subsection (a). ficials on the proper techniques for in- ‘‘(B) USE OF FUNDS.—Funds provided to a and under, accounting for more than 40 percent of all unintentional injury-re- stalling and using child safety seats State under a grant under this subsection while also providing invaluable public shall be used to implement child restraint lated deaths. In 1995, nearly 1400 child programs that— occupants ages 14 and under died in education through workshops, publica- ‘‘(i) are designed to prevent deaths and in- motor vehicle crashes in this country. tions, and audio-visual aids. In conclusion, Mr. President, there is juries to children under the age of 9; and In 1996, more than 305,000 children ages considerable—and mounting—evidence ‘‘(ii) educate the public concerning— 14 and under were injured as occupants ‘‘(I) all aspects of the proper installation of concerning the high incidence of mis- child restraints using standard seatbelt in motor vehicle-related crashes. use of child safety seats and other re- Because most motor vehicle safety hardware, supplemental hardware, and modi- straint systems for children. There is features are designed for the comfort fication devices (if needed), including special also an incredibly compelling correla- and protection of an adult-sized body, installation techniques; and tion between the improper use of child ‘‘(II)(aa) appropriate child restraint design children are particularly at risk of safety restraints in vehicles and an in- selection and placement and; and death and injury during automobile ordinately high rate of death and in- ‘‘(bb) harness threading and harness ad- crashes. However, child safety seats justment; and jury suffered by children in automobile and safety belts, when installed and crashes. Based on these factors, I be- ‘‘(iii) train and retrain child passenger used correctly, can prevent injury and safety professionals, police officers, fire and lieve it is imperative that we in Con- emergency medical personnel, and other edu- save lives. In fact, it is estimated that gress provide a relatively small cators concerning all aspects of child re- properly used child restraints in motor amount of ‘‘seed’’ money to assist pub- straint use. vehicles can reduce the chance of seri- lic safety officials, highway safety or- ‘‘(C) REPORTS.— ous or fatal injury in a collision by a ganizations, and child safety advocates ‘‘(i) IN GENERAL.—The appropriate official factor of 71% for infants and 54% for in educating parents in the United of each State that receives a grant under children ages 4 and under. this subsection shall prepare, and submit to States on the proper installation and Regrettably, Mr. President, results use of safety seats and other restraints the Secretary, an annual report for the pe- from regional child restraint clinics riod covered by the grant. for children who are passengers in vehi- have indicated that currently between ‘‘(ii) REQUIREMENTS FOR REPORTS.—A re- cles. port described in clause (i) shall— 70% and 90% of child occupant re- As I said at the outset, the question ‘‘(I) contain such information as the Sec- straints are incorrectly installed or is not whether such a program will retary may require; and otherwise misused. Three weeks ago, in save lives; the only question is how ‘‘(II) at a minimum, describe the program conjunction with Child Passenger Safe- many young lives will it save. activities undertaken with the funds made ty Week, a workshop was sponsored by Mr. President, before I conclude, I available under the grant. local public safety officials in nearby would just like to acknowledge the role ‘‘(D) REPORT TO CONGRESS.—Not later than Fairfax County, Virginia, to help edu- 1 year after the date of enactment of the in this legislation played by Congress- Intermodal Surface Transportation Effi- cate parents on the proper installation woman MORELLA of Maryland, who in- ciency Act of 1998, and annually thereafter, and use of child safety restraints. Ac- troduced the original companion bill the Secretary shall prepare, and submit to cording to a Washington, D.C. tele- over in the other Chamber. She has Congress, a report on the implementation of vision affiliate that covered the event, been a leader in this area, and I look this subsection that includes a description of of the 113 child safety seats that were forward to working with her to keep the programs undertaken and materials de- inspected, only 2 were installed cor- this provision in the bill, as well as veloped and distributed by the States that rectly! That is less than 2%! working with her in the future on other receive grants under this subsection. Mr. President, as the parents of three initiatives relating to child passenger ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— small children, my wife Jane and I There are authorized to be appropriated to safety. the Department of Transportation to carry have struggled with making sure that Mr. President, that said, let me also out this subsection, $7,500,000 for each of fis- each of our children is properly posi- indicate very briefly the purpose of the cal years 1999 and 2000.’’. tioned and safely secured while riding modification which we entered here a In the heading for section 410 of title 23, in vehicles. This is an issue that is near few moments ago at the suggestion of United States Code, as amended by section and dear to our hearts. That is why Senator MCCAIN. S1734 CONGRESSIONAL RECORD — SENATE March 11, 1998 Basically, we have done three things. this initiative have been a success, but have his set aside, we could take up the First, we modified the amendment so it we need to do more to educate parents Brownback amendment and agree to it. conforms with the grant programs that and public safety officials, not only on I expect Senator HOLLINGS and his staff are contained in the Commerce Com- Capitol Hill, but in our communities. will clear the Senator’s amendment. mittee’s public safety provisions, spe- This legislation will put more re- Mr. ABRAHAM. That is perfectly cifically the new section 410 entitled sources at the disposal of the people in agreeable to this Senator. If someone ‘‘Safety belts and occupant protection our towns and cities, so they may do a wants to move to lay aside this amend- program.’’ better job of educating others and rais- ment and move back to Senator My amendment will now establish a ing awareness on this issue. Brownback’s, that will be fine. new supplemental grant under section Protecting our children is a critical Mr. CHAFEE. Mr. President, I ask 410, where States can get assistance for national priority that deserves na- unanimous consent to set aside the establishing programs aimed at im- tional attention. I applaud Senator Abraham amendment. proving the practices of parents and ABRAHAM for his work on this issue, The PRESIDING OFFICER. Without public safety officials when it comes to and I urge my colleagues to support objection, it is so ordered. ensuring the safety of child occupants. this amendment. AMENDMENT NO. 1956 The basic grant contained in the Com- Mr. MCCAIN. Mr. President, as chair- Mr. CHAFEE. We will proceed now to merce Committee’s amendment pro- man of the Senate Committee on Com- a vote on the Brownback amendment. vides incentives for States to pass merce, Science, and Transportation, That Brownback amendment is accept- tougher laws for dealing with parents which has jurisdiction over most fed- able on this side. who fail to adequately safeguard their eral safety policies, I believe this Mr. BAUCUS. It is acceptable on this children in vehicles. My amendment amendment will be very beneficial to side as well. would assist in educating them so that promoting the travel safety of our na- THE PRESIDING OFFICER. If there punishment is less necessary. tion’s youngsters. be no further debate, the question is on Last April, we held Car Safety Seat That said, I believe this amendment agreeing to the amendment. Check-Up Day in Arizona. Numerous has been cleared on both sides. The amendment (No. 1956) was agreed safety officials—including Adminis- Mr. DODD. Mr. President, I rise to. trator Martinez, participated in this today along with my friend and col- Mr. BROWNBACK. Mr. President, I event. During this event, parents had league Senator ABRAHAM to speak to move to reconsider the vote. the opportunity to have trained law en- this amendment that will help save Mr. CHAFEE. I move to lay that mo- forcement officers show them how to lives and prevent injuries to our young- tion on the table. properly install child safety seats in est children by improving education The motion to lay on the table was their automobiles to maximize the ef- and awareness about child safety seats. agreed to. Motor vehicle crashes are the leading fectiveness of the life saving equip- Mr. BAUCUS. Mr. President, I sug- cause of unintentional injury-related ment. In addition to the child restraint gest the absence of a quorum. death to children ages 14 and under. instructions, literature was distributed The PRESIDING OFFICER. The Yet some 40 percent of kids are still on other vital highway safety issues, clerk will call the roll. riding unrestrained. And of the chil- including seat belt use and airbags. The legislative clerk proceeded to dren who are buckled up, studies esti- I have continually urged NHTSA to call the roll. mate that eight out of ten are re- take additional actions to improve the Mr. BAUCUS. Mr. President, I sug- strained incorrectly. Each year more safety of children in motor vehicles. In gest the absence of a quorum. than 1,400 children die in automobile that effort, public education is an im- The PRESIDING OFFICER. The accidents, and an additional 280,000 are portant first step in addressing trans- clerk will call the roll. injured. Tragically, most of these inju- portation safety concerns specific to The legislative clerk proceeded to ries could have been prevented. young passengers. I am hopeful The most proven way to protect our NHTSA’s initiatives, coupled with the call the roll. children is child safety seats. They re- Abraham amendment, will greatly ad- Mr. WARNER. Mr. President, I ask duce the risk of death by 69 percent for vance our efforts to promote child pro- unanimous consent that the order for infants and 47 percent for toddlers. We tection mechanisms. the quorum call be rescinded. must work to ensure that they are used Mr. President, as this measure con- The PRESIDING OFFICER. Without at all times and used correctly. tinues through the legislative process, objection, it is so ordered. This amendment that we introduce I want to express my intentions to Mr. WARNER. Mr. President, we are today will provide $7.5 million to the strongly champion this initiative dur- moving along and making good Department of Transportation for the ing conference deliberations. In par- progress. purpose of awarding grants to state ticular, I want to ensure the states AMENDMENT NO. 1957 TO AMENDMENT NO. 1676 highway agencies, as well as child safe- that receive assistance under this new Mr. WARNER. Mr. President, on be- ty organizations who promote impor- program are fully vested participants. half of Senator HUTCHISON from Texas, tant information on the use of child Given the very limited funding re- I send an amendment to the desk and safety seats. The legislation will ulti- sources we are authorizing for this im- ask for its immediate consideration. It mately allow funds to be used to help portant program, we need to do all we is an amendment which has been parents become better informed on the can to ensure these limited dollars go cleared by both sides. It would allow a best way to restrain and protect their as far as possible. As such, I believe we State at its discretion to spend up to children. This money may also enhance should explore the merits of authoriz- one-fourth of 1 percent of its funds al- public education on car safety through ing the Secretary to implement re- located under the surface transpor- workshops, publications, and audio-vis- quirements for matching funds as a tation program on initiatives to halt ual aides. condition for eligibility. the evasion of motor fuel taxes. The This past June, Senator ABRAHAM Mr. BAUCUS. Mr. President, I have U.S. Department of Transportation, and I sponsored a resolution that al- some good news and some bad news. which administers the motor fuel tax lowed the National SAFE KIDS Cam- The good news is that the amendment evasion program, has no objection to paign to use a small portion of the Cap- offered by the Senator from Kansas has the amendment. itol Hill grounds to conduct a car seat been cleared. The bad news is we have The PRESIDING OFFICER. The check-up event and launch a new na- not yet checked with Commerce to clerk will report the amendment. tional safety campaign. The initiative, make sure the amendment offered by The legislative clerk read as follows: SAFE KIDS BUCKLE-UP, was a joint the Senator from Michigan is cleared. The Senator from Virginia [Mr. WARNER], project of the National SAFE KIDS We have not yet heard from the Com- for Mrs. HUTCHISON, proposes an amendment Campaign and the General Motors Cor- merce Committee, the committee of ju- numbered 1957 to amendment No. 1676. poration. Its purpose was to educate risdiction. So I suggest to the manager Mr. WARNER. Mr. President, I ask families about the importance of buck- of the bill, and to the proponent of the unanimous consent that the reading of ling up on every ride. This event and amendment, if he could withhold and the amendment be dispensed with. March 11, 1998 CONGRESSIONAL RECORD — SENATE S1735 The PRESIDING OFFICER. Without lowing: ‘‘or agriculturally derived, environ- (1) FINDING.—Congress finds that certain objection, it is so ordered. mentally acceptable, minimally corrosive major investment study requirements under The amendment is as follows: anti-icing and de-icing compositions’’. section 450.318 of title 23, Code of Federal On page 73, strike line 18 and insert the fol- Mr. BAUCUS. Mr. President, this Regulations, are redundant to the planning lowing: amendment has been cleared on this and project development processes required under other provisions in titles 23 and 49, ‘‘nance of the system. side. United States Code. ‘‘(8) In addition to funds allocated under The PRESIDING OFFICER. The (2) STREAMLINING.— this section, a state may, at its discretion, question is on agreeing to the amend- (A) IN GENERAL.—The Secretary shall expend up to one-fourth of one percent of its ment. annual federal-aid apportionments under streamline the Federal transportation plan- 104(b)(3) on initiatives to halt the evasion of The amendment (No. 1958) was agreed ning and NEPA decision process require- payment of motor fuel taxes.’’ to. ments for all transportation improvements Mr. WARNER. Mr. President, my un- Mr. WARNER. Mr. President, I move supported with Federal surface transpor- tation funds or requiring Federal approvals, derstanding is this is acceptable to the to reconsider the vote by which the amendment was agreed to. with the objective of reducing the number of distinguished ranking member. documents required and better integrating Mr. BAUCUS. Mr. President, the Sen- Mr. BAUCUS. I move to lay that mo- required analyses and findings wherever pos- ator is correct; this is acceptable. tion on the table. sible. Frankly, I think it is important to The motion to lay on the table was (B) REQUIREMENTS.—The Secretary shall point out that there is, in some cases, agreed to. amend regulations as appropriate and de- an increase of fuel tax evasion. This Mr. WARNER. Mr. President, I see velop procedures to- amendment allows States to use a por- our distinguished colleague from West (i) eliminate, within six months of the date of enactment of this section, the major in- tion of their surface transportation Virginia. There are several additional amendments that will take but a few vestment study under section 450.318 of title funds to combat fuel tax evasion. So we 23, Code of Federal Regulations, as a stand- are adding a new eligibility to surface minutes. We wish to accommodate the alone requirement independent of other transportation accounts. senior Senator. Can he just acquaint transportation planning requirements, and I mention that also in part because the managers as to his desire? integrate those components of the major in- the whole point of this underlying bill Mr. BYRD. I thank my friend. I have vestment study procedure which are not du- is to give States more flexibility com- no desire for the floor. plicated elsewhere with other transportation pared with the current law, and this AMENDMENT NO. 1769 TO AMENDMENT NO. 1676 planning requirements, provided that in in- provision, in fact, will add even more Mr. WARNER. Mr. President, I send tegrating such requirements, the Secretary shall not apply such requirements to any flexibility than that contained in the to the desk an amendment on behalf of project which previously would not have underlying bill. both Senators from Alaska and ask for been subject to section 450.318 of title 23, Mr. WARNER. I thank my distin- its immediate consideration. Code of Federal Regulations. guished colleague. This amendment, offered by Senators (ii) eliminate stand-alone report require- The PRESIDING OFFICER. The MURKOWSKI and STEVENS, eliminates ments wherever possible; question is on agreeing to the amend- the redundant provisions of the law by (iii) prevent duplication by drawing on the ment. integrating the so-called major invest- products of the planning process in the com- The amendment (No. 1957) was agreed ment study, MIS, requirement into the pletion of all environmental and other project development analyses; to. overall transportation planning proc- Mr. WARNER. Mr. President, I move (iv) reduce project development time by ess. achieving to the maximum extent prac- to reconsider the vote by which the Under current law, States are re- ticable a single public interest decision proc- amendment was agreed to. quired to conduct a major investment ess for Federal environmental analyses and Mr. BAUCUS. I move to lay that mo- study when there are high-cost and clearances; and tion on the table. high-impact transportation alter- (v) expedite and support all phases of deci- The motion to lay on the table was natives being considered. There have sionmaking by encouraging and facilitating agreed to. been many concerns raised that the the early involvement of metropolitan plan- ning organizations, State departments of AMENDMENT NO. 1958 TO AMENDMENT NO. 1676 MIS requirement duplicates other transportation, transit operators, and Fed- Mr. WARNER. Mr. President, I send planning and project development eral and State environmental resource and to the desk an amendment on behalf of processes already required under permit agencies throughout the decision- the senior Senator from Alaska, Mr. ISTEA. making process. STEVENS, and ask for its immediate This amendment would eliminate (3) SAVINGS CLAUSE.—Nothing in this sub- consideration. The amendment has only those elements of the MIS that section shall affect the responsibility of the been cleared by both sides. It would are duplicative of other transportation Secretary to conform review requirements allow for the application of anti-icing planning requirements. It would inte- for transit projects under the National Envi- applications to be eligible for certain grate those elements of the MIS re- ronmental Policy Act of 1969 to comparable requirements under such Act applicable to Federal aid highway funds. quirement which are not duplicated highway projects. The PRESIDING OFFICER. The elsewhere in the law into the larger Mr. MURKOWSKI. Mr. President, my clerk will report. transportation planning process. This amendment on major investment study The legislative clerk read as follows: amendment has been cleared on both requirements for highway projects in The Senator from Virginia [Mr. WARNER], sides. metropolitan areas was cleared by the for Mr. STEVENS, proposes an amendment The PRESIDING OFFICER. The managers and adopted during today’s numbered 1958 to amendment No. 1676. clerk will report the amendment. debate, but I wanted to say a few words Mr. WARNER. Mr. President, I ask The legislative clerk read as follows: about it. unanimous consent that the reading of The Senator from Virginia (Mr. WARNER), Mr. President, regulations now re- the amendment be dispensed with. for Mr. MURKOWSKI, for himself, and Mr. STE- quire a major investment study for all The PRESIDING OFFICER. Without VENS, proposes an amendment numbered 1769 objection, it is so ordered. to amendment No. 1676. large metropolitan projects. This re- quirement needlessly duplicates plan- The amendment is as follows: Mr. WARNER. Mr. President, I ask ning and study processes already re- Insert at the appropriate place: unanimous consent that the reading of quired for such projects under other 23 U.S.C. Section 144 is amended—(1) in the amendment be dispensed with. long range transportation planning ef- each of subsections (d) and (g)(3) by inserting The PRESIDING OFFICER. Without after ‘‘magnesium acetate’’ the following: forts required in Title 23. The result is objection, it is so ordered. ‘‘or agriculturally derived, environmentally a significant slow-down in planning The amendment is as follows: acceptable, minimally corrosive anti-icing and project completion. and de-icing compositions’’; and (2) in sub- On page 269, line 2, insert ‘‘(a) IN GEN- In my home state, major projects in section (d) by inserting ‘‘or such anti-icing ERAL.—’’ before ‘‘Section’’. or de-icing composition’’ after ‘‘such ace- On page 278, between lines 14 and 15, insert our largest city, Anchorage, have been tate’’. the following: frozen in place by this needless insist- 23 U.S.C. Section 133(b)(1) is amended by (b) REDUNDANT METROPOLITAN TRANSPOR- ence on needless studies. This amend- inserting after ‘‘magnesium acetate’’ the fol- TATION PLANNING REQUIREMENTS.— ment directs the Secretary to adopt S1736 CONGRESSIONAL RECORD — SENATE March 11, 1998 regulations eliminating the Major In- ‘‘(B) Notwithstanding section (a)(1) of this ity and more than $900 million in au- vestment Study as a stand-alone re- section, eligible project costs shall include thorizations of appropriations for the quirement within six months, and to the cost of pre-construction planning activi- outyears. However, in the absence of integrate any non-redundant and ties. our amendment, the bill does not pro- ‘‘(2) FINAL DESIGN, ENGINEERING, AND CON- worthwhile portions of it into a new, STRUCTION ACTIVITIES.—After completion of vide specific financial assistance for streamlined transportation planning pre-construction planning activities for all pre-construction planning activities. process that involves all concerned par- projects assisted under paragraph (1), the There are several States which have ties as early as possible in the planning Secretary shall select 1 of the projects to re- groups currently exploring the feasibil- and decision process. ceive financial assistance for final design, ity of maglev projects and which need This is a very important step in alle- engineering, and construction activities.’’ federal assistance for pre-construction viating needless red tape and confusion Mr. WARNER. Mr. President, this planning, feasibility studies, final de- for metropolitan planners, and moving amendment provides that sign work, and environmental impact forward on some vital projects, and I preconstruction costs and planning statements. States showing interest in- appreciate the managers’ help in re- costs are included as eligible activities clude California, Florida, Maryland, solving this issue. under the maglev program. Nevada, and Pennsylvania. Mr. WARNER. I urge the adoption of The maglev program is one which the The Specter-Moynihan amendment the amendment. senior Senator from New York, Mr. amends the bill to clarify that pre-con- Mr. BAUCUS. This is a red-tape bust- MOYNIHAN, has really been the driving struction planning activities are eligi- er. It is a good amendment. force, and it is catching on in terms of ble project costs and that the Sec- The PRESIDING OFFICER. The interest all across America. I am retary may make grants to more than question is on agreeing to the amend- pleased to submit this on behalf of one maglev project for such pre-con- ment. those three Senators. struction planning costs. Without such The amendment (No. 1769) was agreed Mr. BAUCUS. Mr. President, as the funds, it is unclear whether any project to. Senator from Virginia stated, the Sen- will be ready for the capital assistance Mr. WARNER. Mr. President, I move ator from New York has been the lead- envisioned in the current bill. to reconsider the vote by which the er in maglev. It is really incredible Our amendment would make eligible amendment was agreed to. that this Nation is so far behind other for federal funds pre-construction plan- Mr. BAUCUS. I move to lay that mo- countries. We are going to have it ning activities include: (1) preparation tion on the table. eventually in this country. It is too of feasibility studies, major investment The motion to lay on the table was bad we did not have it earlier. This studies, and environmental impact agreed to. helps in that process. It is not addi- statements and assessments as re- AMENDMENT NO. 1838 TO AMENDMENT NO. 1676 tional money, but it does help the quired by state law; (2) pricing of final (Purpose: To improve the magnetic levita- maglev program, and I accept the design, engineering and construction tion transportation technology deploy- amendment. activities; and (3) other activities nec- ment program) Mr. SPECTER. Mr. President, I have essary to provide the Secretary with Mr. WARNER. Mr. President, I send sought recognition to speak in support sufficient information to evaluate to the desk an amendment on behalf of of the amendment I have offered with whether the project should receive fi- the distinguished senior Senator from my distinguished colleagues, Senators nancial assistance for final design, en- Pennsylvania Mr. SPECTER; the Sen- MOYNIHAN and SANTORUM, which clari- gineering, and construction activities. ator from New York, Mr. MOYNIHAN; fies that pre-construction planning ac- I am particularly hopeful that this and the junior Senator from Pennsyl- tivities are eligible for funding under amendment will ultimately help vania, Mr. SANTORUM. Section 1119 of the bill, which estab- MAGLEV, Inc., a nonprofit consortium The PRESIDING OFFICER. The lishes a magnetic levitation transpor- in Pittsburgh, which has licensed the clerk will report. tation technology deployment pro- German technology and plans to build The legislative clerk read as follows: gram. a state-of-the-art steel fabrication fa- The Senator from Virginia [Mr. WARNER], I have long supported the concept of cility capable of constructing the steel for Mr. SPECTER, for himself, Mr. MOYNIHAN maglev systems, where through the use guideways needed for a maglev system, and Mr. SANTORUM, proposes an amendment of magnetic levitation, the passenger which has the potential to create hun- numbered 1838 to amendment No. 1676. cars are propelled above a steel and dreds of jobs in the region. The first Mr. WARNER. Mr. President, I ask concrete guideway at speeds as high as planned maglev system segment could unanimous consent that the reading of 300 miles per hour. In January, 1998, I be from Westmoreland County into the amendment be dispensed with. rode the maglev being developed by downtown Pittsburgh and on to the The PRESIDING OFFICER. Without Thyssen in Lathen, Germany at 422 kil- Pittsburgh International Airport, at a objection, it is so ordered. ometers per hour and it was exhilarat- projected cost of $1.3 billion. The amendment is as follows: ing to be in a kind of mass transit I look forward to working with my On page 115, strike lines 12 through 16 and which goes so fast. I am committed to colleagues to ensure that this amend- insert the following: bringing this technology to Pennsyl- ment is preserved in conference with ‘‘(f) PROJECT SELECTION.— vania, where it will create thousands of the House and thank them for allowing ‘‘(1) PRE-CONSTRUCTION PLANNING ACTIVI- manufacturing jobs for steelworkers TIES.— it to be included in the bill. (A) Not later than 90 days after a deadline and high tech firms. It would be a tre- The PRESIDING OFFICER. The established by the Secretary for the receipt mendous boon to the economy of every question is on agreeing to the amend- of applications, the Secretary shall evaluate stop along the line from Philadelphia ment. the eligible projects in accordance with the to Pittsburgh. People could go from The amendment (No. 1838) was agreed selection criteria and select 1 or more eligi- Philadelphia to Pittsburgh in one and a to. ble projects to receive financial assistance half hours non-stop, revolutionizing Mr. WARNER. Mr. President, I move for pre-construction planning activities, in- our transportation system. Or, there to reconsider the vote by which the cluding— ‘‘(i) preparation of feasibility studies, would be intermediate stops in Harris- amendment was agreed to. major investment studies, and environ- burg, Lewisburg, Altoona, Johnstown, Mr. BAUCUS. I move to lay that mo- mental impact statements and assessments and Greensburg, adding only about 40 tion on the table. as are required under state law; minutes to the trip. The motion to lay on the table was ‘‘(ii) pricing of the final design, engineer- Section 1119 of the pending bill re- agreed to. ing, and construction activities proposed to flects the provisions of the maglev AMENDMENT NO. 1959 TO AMENDMENT NO. 1676 be assisted under paragraph (2); and funding bill introduced by Senator Mr. WARNER. Mr. President, I send ‘‘(iii) such other activities as are necessary MOYNIHAN, which I cosponsored, and to provide the Secretary with sufficient in- an amendment to the desk on behalf of formation to evaluate whether a project would fund the capital costs associated Senator CAMPBELL and Senator should receive financial assistance for final with 1 maglev project chosen by the GRAMM. design, engineering, and construction activi- Secretary of Transportation. The bill The PRESIDING OFFICER. The ties under paragraph (2). includes $30 million in contract author- clerk will report. March 11, 1998 CONGRESSIONAL RECORD — SENATE S1737 The legislative clerk read as follows: NHTSA recently entered into a whether motorcycle riders ought to The Senator from Virginia [Mr. WARNER], $149,000 contract to produce a media wear helmets. Of course they should. for Mr. CAMPBELL, for himself, Mr. GRAMM package designed to encourage States The question, however, is what is the and Ms. MOSELEY-BRAUN, proposes an amend- to enact mandatory helmet laws. This appropriate Federal role in improving ment numbered 1959 to amendment No. 1676. contract includes the production of a motorcycle safety? The question is Mr. WARNER. Mr. President, I ask video and other promotional materials. whether the Federal government unanimous consent that the reading of I would like to quote from the descrip- should mandate the use of motorcycle the amendment be dispensed with. tion of the contract: helmets, and whether the Federal gov- The PRESIDING OFFICER. Without The contractor shall produce a media ernment should actively try to per- objection, it is so ordered. package that includes a 12 to 15 minute video suade State governments to mandate The amendment is as follows: presentation and complementary ‘white the use of motorcycle helmets. At the appropriate place in the bill, insert paper’ that presents the injury prevention Congress answered the first question the following: and economic benefits of enacting manda- two years ago when we repealed the SEC. . LIMITATIONS. tory motorcycle helmet laws for all riders. penalties on States that did not have .. . While the primary audience will be state (a) PROHIBITION ON LOBBYING ACTIVITIES.— mandatory motorcycle helmet laws. (1) No funds authorized in this title shall be legislators, the information contained in the Our amendment addresses the second available for any activity to build support video and accompanying ‘white paper’ can question, and will redirect NHTSA’s in- for or against, or to influence the formula- also be used by Federal, state, and local safe- terest in improving motorcycle safety ty officials, and injury prevention groups tion, or adoption of State or local legisla- toward the promotion of rider edu- tion, unless such activity is consistent with who are working to replace existing, but in- effective, helmet laws with stronger manda- cation programs, and away from the previously-existing Federal mandates or in- misguided promotion of mandatory centive programs. tory helmet use legislation. This informa- (b) Nothing in this section shall prohibit tion will also be used to provide technical as- helmet laws. officers or employees of the United States or sistance in order to defeat repeal efforts of I again thank the leadership of the its departments or agencies from testifying existing laws. Environment and Public Works Com- before any State or local legislative body Mr. President, I know that NHTSA mittee and Senator CAMPBELL, who has upon the invitation of such legislative body. engages in lobbying efforts on a num- been a leader in this issue. We worked Ms. MOSELEY-BRAUN. Mr. Presi- ber of safety issues and encourages together two years ago, along with a dent, I thank the leaders of the Envi- States to enact laws and implement number of other senators, to repeal the ronment and Public Works Commit- policies relating to a variety of high- motorcycle helmet mandate. He is here tee—Chairman CHAFEE, Senator BAU- way safety issues. I do not oppose these now, and I know he would like to com- CUS, and Senator WARNER—for working activities, and our amendment does not ment on the intent of this amendment. with us on this amendment, and I want prevent NHTSA from continuing to Mr. CAMPBELL. Mr. President, I to thank my colleague from Colorado, work with States to improve highway thank the senator from Illinois, Ms. MOSELEY-BRAUN. She has been a leader Mr. CAMPBELL, for offering this amend- safety. ment with me. With regard to motorcycle safety, on this issue and I have enjoyed work- Our amendment will help address however, NHTSA would do better by ing with her. Mr. President, I want to clarify the concerns that the National Highway the American public if they were to en- intent and effect of our amendment. It Traffic Safety Administration has been courage States to implement rider edu- will not prohibit NHTSA from lobbying actively lobbying state legislatures to cation and awareness programs, rather on behalf of tougher drunk driving enact state laws that are not consist- than concentrating their energy on en- laws, seat belt laws, or air bag require- ent with any other federal mandate or couraging States to enact mandatory ments. In each of those cases, there are incentive program. It has come to our motorcycle helmet laws. federal mandates or incentive pro- attention, for example, that NHTSA The evidence suggests that it is those grams designed and in place. It would States with the most comprehensive has engaged in an active lobbying cam- also not prohibit NHTSA from lobbying rider education programs that have the paign to urge states to enact laws man- on behalf of improved motorcycle safe- lowest accident and fatality rates—not dating that motorcycle riders wear hel- ty. In fact, we would hope that NHTSA the States with the toughest manda- mets. would engage in more activities de- Two years ago, during consideration tory helmet laws. signed to improve motorcycle safety of the National Highway System bill, In 44 States, motorcycle riders pay and education programs. Congress voted to repeal a section of for rider education programs. Since Ms. MOSELEY-BRAUN. Mr. Presi- the Intermodal Surface Transportation 1980, both motorcycle accidents and dent, my colleague from Colorado just Efficiency Act that sanctioned States motorcycle fatalities have fallen from made an important point. We would en- without mandatory motorcycle helmet an all time high of 5,097 fatalities and courage NHTSA to work with state laws. At that time, Congress deter- 177,160 accidents to 2,221 fatalities and governments to improve motorcycle mined that the issue of motorcycle 73,432 accidents. Through safety train- safety and education programs, to safety was best left in the hands of ing, over 15 years, motorcyclists re- work with them on accident preven- State governments, and that the deci- duced accidents by 58 percent and fa- tion, on rider education, and on driver sion about whether or not to enact talities by 56 percent. awareness campaigns. Our amendment mandatory helmet laws was best left to The job of NHTSA should be to en- is simply designed to ensure that State lawmakers. courage States to strengthen their mo- NHTSA’s efforts on behalf of motor- Since that time, the National High- torcycle rider education programs—not cycle safety are no longer one-sided, way Traffic Safety Administration to encourage States to restrict the and are no longer in conflict with the (NHTSA) has actively engaged in a lob- freedoms of motorcycle riders by forc- stated intent of Congress, which was to bying campaign to try to persuade ing them to wear helmets. leave the decision of whether to enact State legislators to enact mandatory I would like to quote briefly from a mandatory motorcycle helmet laws en- motorcycle helmet laws. According to letter from the director of NHTSA, Dr. tirely to state legislatures. the U.S. General Accounting Office, Ricardo Martinez, to a State legislator, Mr. CAMPBELL. Mr. President, I they sent letters, made phone calls, discussing this issue. I believe this let- thank the Senator from Illinois for showed up at State hearings on motor- ter succinctly illustrates NHTSA’s at- that clarification, and I urge the adop- cycle helmet laws and acted in a vari- titude toward motorcyclists. Dr. Mar- tion of the amendment. ety of ways to encourage States to tinez wrote in this letter dated June 17, Mr. WARNER. Mr. President, this enact mandatory helmet laws. Some- 1997, ‘‘Like other preventable diseases, amendment clarifies that funds pro- times they have been invited to offer motorcycle riders can be vaccinated to vided under this bill shall not—I re- their technical expertise, and some- prevent most head injuries by simply peat, shall not—be used by the Depart- times they have simply shown up to wearing a helmet.’’ ment of Transportation for lobbying try to persuade State legislators to re- Mr. President, motorcyclists are not activities unless those activities are quire motorcycle riders to wear hel- diseased, and they should not be treat- consistent with existing Federal pro- mets. ed as though they are. The issue is not grams. S1738 CONGRESSIONAL RECORD — SENATE March 11, 1998 Mr. BAUCUS. Mr. President, this hour, will go to 350—no friction, no ex- (The text of the amendment is print- amendment has been cleared on this haust. We invented it; the Germans and ed in today’s RECORD under ‘‘Amend- side. the Japanese are building it. ments Submitted.’’) Mr. WARNER. I urge the adoption of In the 6 years of ISTEA, with the $1 Mr. WARNER. My understanding is it the amendment. billion authorized, no Secretary of is acceptable. The PRESIDING OFFICER. The Transportation took any effort, any Mr. BAUCUS. Mr. President, on this question is on agreeing to the amend- energy, any initiative. That is a for- side I do accept this amendment. ment. mula for failure, failure in Govern- Frankly, this is another one of those The amendment (No. 1959) was agreed ment. We hope that this will not con- that just makes the bill more fair. And to. tinue. We have authorized an equal it is a good idea. Mr. WARNER. Mr. President, I move amount in this bill, but we had better Mr. WARNER. I urge the adoption of to reconsider the vote by which the pull up our socks here or we are going the amendment. amendment was agreed to. to find ourselves with the most impor- The PRESIDING OFFICER. The Mr. BAUCUS. I move to lay that mo- tant transportation technology of the question is on agreeing to the amend- tion on the table. next century manufactured elsewhere— ment. The amendment (No. 1960) was agreed The motion to lay on the table was important here. agreed to. I just add, because the distinguished to. Mr. WARNER. I move to reconsider Mr. BAUCUS. Mr. President, I ask senior Senator from West Virginia is unanimous consent that Senator the vote. on the floor, that this type of transpor- Mr. BAUCUS. I move to lay that mo- MOSELEY-BRAUN be added as a cospon- tation is uniquely suited for the gen- tion on the table. sor. eration of electricity and powerplants The motion to lay on the table was The PRESIDING OFFICER. Without that is then distributed along the sys- agreed to. objection, it is so ordered. tem. It does not have to—you do not AMENDMENT NO. 1961 TO AMENDMENT NO. 1676 Mr. WARNER. Mr. President, I sug- have your powerplant within the train (Purpose: To provide that a State with re- gest the absence of a quorum. or within the car or within the plane. spect to which certain conditions are met The PRESIDING OFFICER. The It is simply electricity moving along shall be eligible for the funds made avail- clerk will call the roll. magnets—elemental. Simple as a thing able to carry out the high density trans- The legislative clerk proceeded to can be, a great American invention so portation program that remain after each call the roll. far ignored by our Department of State that meets the primary eligibility Mr. MOYNIHAN. Mr. President, I ask Transportation, which I am sorry to criteria for the program has received the unanimous consent that the order for say is still in the four-lane highway minimum amount of funds) the quorum call be rescinded. mode and does not seem to be able to Mr. WARNER. Mr. President, I send The PRESIDING OFFICER. Without get out of it. an amendment to the desk on behalf of objection, it is so ordered. But that is a personal view. I do not Senator LEVIN and Senator ABRAHAM AMENDMENT NO. 1838 want to associate it with Senator relating to the density program. The PRESIDING OFFICER. The Mr. MOYNIHAN. Mr. President, Sen- SPECTER—just mine. clerk will report the amendment. ator SPECTER, for himself and the Sen- I thank the Chair, and I thank the The legislative clerk read as follows: ator from New York, submitted amend- managers of the bill. ment No. 1838. I ask that that now be Mr. President, I suggest the absence The Senator from Virginia [Mr. WARNER], for Mr. LEVIN, for himself and Mr. ABRAHAM, the pending business. of a quorum. proposes an amendment numbered 1961. The PRESIDING OFFICER. That The PRESIDING OFFICER. The Mr. WARNER. Mr. President, I ask amendment has already been agreed to. clerk will call the roll. unanimous consent that further read- Mr. MOYNIHAN. There are just some The legislative clerk proceeded to ing of the amendment be dispensed days you have nothing but luck around call the roll. Mr. WARNER. Mr. President, I ask with. here. Might I just thank the managers The PRESIDING OFFICER. Without for having agreed to the amendment. I unanimous consent that the order for the quorum call be rescinded. objection, it is so ordered. am sure Senator SPECTER would want The amendment is as follows: to be associated with this. I make the The PRESIDING OFFICER. Without objection, it is so ordered. On page 136, after line 22, in the section point for the record that in our present added by Chafee Amendment No. 1684 on legislation, the Secretary of Transpor- AMENDMENT NO. 1960 TO AMENDMENT NO. 1676 page 13, between lines 9 and 10, insert the fol- tation is directed to choose one maglev (Purpose: To give preference under the Inter- lowing: project to proceed. state 4R and bridge discretionary program (6) ADDITIONAL ELIGIBLE STATES.—In addi- to States that are bordered by 2 navigable Senator SPECTER and I feel that there tion to States that meet the eligibility cri- rivers that each comprise at least 10 per- teria under paragraph (3), a State with re- is no reason we should not have more cent of the boundary of the State, and for than one, if that makes sense. If there spect to which the following conditions are other purposes) met shall also be eligible for the funds made are alternative engineering techniques Mr. WARNER. Mr. President, I now available to carry out the program that re- that should be tested, the Secretary send to the desk an amendment on be- main after each State that meets the eligi- agrees more than one is the way to pro- half of Senator CHAFEE and Senator bility criteria under paragraph (3) has re- ceed in an experimental mode. BAUCUS and myself. ceived the minimum amount of funds speci- I note, sir, that magnetic levitation This amendment addresses a number fied in paragraph (4)(A)(i): was invented on the Bronx-Whitestone of issues which, in the judgment of the (A) POPULATION DENSITY.—The population Bridge in February of 1960. A nuclear density of the State is greater than 161 indi- three principal managers, strengthen viduals per square mile. engineer by the name of Powell, work- this bill. It primarily relates to the I– ing at Brookhaven, was on his way (B) VEHICLE MILES TRAVELED.—The amount 4R and bridge discretionary program, determined for the State under paragraph back to MIT from a visit, and between Indian roads, research activities, and (2)(A) with respect to the factor described in the time the car slowed down in that other very significant issues. paragraph (2)(A)(ii) is greater than the na- ‘‘permanent’’ traffic jam and the time The PRESIDING OFFICER. The tional average with respect to the factor de- he paid his toll, he thought up maglev. clerk will report the amendment. termined under paragraph (2)(B). The Germans are now in the process The legislative clerk read as follows: (C) URBAN FEDERAL-AID LANE MILES.—The ratio that— of building a route from Hamburg to The Senator from Virginia [Mr. WARNER], (i) the total lane miles on Federal-aid Berlin, which will be open in 2005 and for himself, Mr. CHAFEE and Mr. BAUCUS, pro- highways in urban areas in the State; bears make the trip in 55, 58 minutes. The poses an amendment numbered 1960 to to amendment No. 1676. Japanese have much the same tech- (ii) the total lane miles on all Federal-aid nology. We have nothing. In ISTEA I Mr. WARNER. Mr. President, I ask highways in the State; we authorized $1 billion for this newest unanimous consent that reading of the is greater than or equal to 0.26. mode of transportation since the air- amendment be dispensed with. (D) APPORTIONMENTS PER CAPITA.—The plane. It is an extraordinary phenome- The PRESIDING OFFICER. Without amount determined for the State with re- non. It travels easily at 270 miles an objection, it is so ordered. spect to the factor described in paragraph March 11, 1998 CONGRESSIONAL RECORD — SENATE S1739 (2)(A)(iv) is less than 85 percent of the na- Mr. DASCHLE. Mr. President, Con- were for medical, employment and nu- tional average with respect to the factor de- gress last year approved a $2.3 billion tritional needs. However, only about termined under paragraph (2)(B). tax program primarily to finance cap- two-thirds of the state currently has On page 136, after line 22, in the section added by Chafee Amendment No. 1684— ital improvements for Amtrak. This access to limited public transportation, (1) on page 13, line 10, strike ‘‘(6)’’ and in- amendment applies to that legislation, and over half of the existing transit ve- sert ‘‘(7)’’; which was part of the Taxpayer Relief hicles in the providers’ fleets are older (2) on page 13, line 14, strike ‘‘(7)’’ and in- Act of 1997. than 7 years or have over 100,000 miles. sert ‘‘(8)’’; and Under the able and distinguished Therefore this funding would address (3) on page 14, line 1, strike ‘‘(8)’’ and insert leadership of the Chairman of the Fi- significant public transit needs. ‘‘(9)’’. nance Committee [Mr. ROTH] and the Second, it allows use of our funds for Mr. WARNER. Mr. President, this Ranking Member [Mr. MOYNIHAN], the rail/highway crossing safety projects amendment just expands the eligibility law wisely set aside 1 percent of the that are eligible for funding under Sec- of States under the density program. It total tax benefit for each state with no tion 130 of Title 23. Only 219 out of 2025 clarifies the conditions States are re- Amtrak service, which amounts to $23 of South Dakota’s rail/highway cross- quired to meet to be eligible for the million. The 6 states currently lacking ings are signalized, and there is a tre- program. I understand this is accept- Amtrak service are South Dakota, Wy- mendous unmet need to improve the able on this side. oming, Oklahoma, Maine, Alaska and safety of rail/highway crossings in the Mr. BAUCUS. It has been cleared. Hawaii. However, the law limited the state. The PRESIDING OFFICER. The use of those funds by non-Amtrak Third, it provides for capital expendi- question is on agreeing to the amend- states to inter-city passenger rail or tures for state-owned rail lines. This is ment. bus service capital improvements and extremely important for states like The amendment (No. 1961) was agreed maintenance, or the purchase of inter- South Dakota, which made a major in- to. city passenger rail services from the vestment and currently owns many of Mr. WARNER. I move to reconsider National Railroad Passenger Corpora- the rail lines operating in the state in the vote. tion. order to provide a core rail transpor- Mr. BAUCUS. I move to lay that mo- This formulation presented real prob- tation system to benefit the state’s ag- tion on the table. lems for states like South Dakota, Wy- ricultural economy. This is a very nar- AMENDMENT NO. 1962 TO AMENDMENT NO. 1676 oming, Hawaii and some of the other row class of operations. This special (Purpose: To provide additional uses for the non-Amtrak states that have no pas- one time credit would be utilized only payment by AmTrak to non-AmTrak States) senger rail service and only limited to upgrade state-owned railroads. In Mr. BAUCUS. Mr. President, I have inter-city bus service. Due to these cases where states own railroad facili- an amendment which I send to the desk limitations, this otherwise valuable ties, they were purchased by the state and ask for its immediate consider- funding would not significantly benefit only as a last resort. The state took ex- ation. our states, nor could they wisely invest traordinary measure to preserve a core The PRESIDING OFFICER. The funds in such service. level of rail transportation to protect clerk will report. Our amendment would expand the el- the public interest and support the The legislative clerk read as follows: igible uses of funding provided to non- state’s economy. The Senator from Montana [Mr. BAUCUS], Amtrak states under this provision to South Dakota owns 635 miles of ac- for Mr. DASCHLE, for himself, Mr. THOMAS include the expenditure of such funds tive trackage that was purchased from and Mr. ENZI, proposes an amendment num- for transit, rail and highway safety, the bankrupt Milwaukee Railroad in bered 1962 to amendment No. 1676. state-owned rail lines, small rural air the 1980’s. The primary operation on Mr. BAUCUS. Mr. President, I ask service facilities, and passenger ferry- this line is performed under an operat- unanimous consent that reading of the boat service. These modes of transpor- ing agreement between the South Da- amendment be dispensed with. tation provide a similar function in our kota and the Burlington Northern/ The PRESIDING OFFICER. Without states to the role played by Amtrak in Santa Fe Railroad. Much of the state- objection, it is so ordered. the states it serves. owned rail line has been in place since The amendment is as follows: None of these funds come from any it was originally constructed, and At the end of the title entitled ‘‘Revenue’’, other states, nor does our amendment much of it is in sub-standard condition add the following: authorize any additional funds for our or is too lightweight to efficiently han- SEC. ll. ADDITIONAL QUALIFIED EXPENSES AVAILABLE TO NONAMTRAK STATES. states. It is completely budget-neutral. dle current railroad car weights. This (a) IN GENERAL.—Section 977(e)(1)(B) of the Rather, it simply expands the eligible funding would allow the state to up- Taxpayer Relief Act of 1997 (defining quali- uses of the funds that our states are al- grade its rail line to enhance move- fied expenses) is amended— ready scheduled to receive by law. ment of agriculture and natural re- (1) by striking ‘‘and’’ at the end of clause Mr. President, let me explain the source products. (iii) and all that follows through ‘‘clauses (i) types of programs our states could use Fourth, it expands the eligible use of and (iv).’’, and these funds for under our amendment. the funds to hazard elimination safety (2) by adding after clause (iii) the follow- First, it allows use of our funds for projects that are eligible for funding ing: rural and public transportation ‘‘(iv) capital expenditures related to State- under Section 152 of Title 23. This fund- owned rail operations in the State, projects that are eligible for funding ing would be used to implement safety ‘‘(v) any project that is eligible to receive under Sections 5309, discretionary tran- improvements at locations on public funding under section 5309, 5310, or 5311 of sit-urban areas, 5310, transit capital for roads where there is a documented high title 49, United States Code, the elderly and handicapped, and 5311, accident frequency. Projects eligible ‘‘(vi) any project that is eligible to receive rural transit capital and operations. under this program include installation funding under section 130 or 152 of title 23, Rural public transportation, a portion of traffic signals, traffic control signs, United States Code, of which is inter-city in nature in or guardrails; reconstruction of inter- ‘‘(vii) the upgrading and maintenance of transporting elderly and disabled from intercity primary and rural air service facili- sections, construction of turning lanes, ties, and the purchase of intercity air service small towns to larger cities for medical climbing lanes, or passing lanes; flat- between primary and rural airports and re- care, shopping and other purposes, as tening slopes, removing sharp curves, gional hubs, well as providing local nutritional and other appropriate safety measures. ‘‘(viii) the provision of passenger ferryboat needs and mobility, is extremely im- This would reduce the potential for service within the State, and portant and needed in South Dakota in traffic accidents and save lives. ‘‘(ix) the payment of interest and principal order to deal with the vast aging popu- Finally, at the request of my distin- on obligations incurred for such acquisition, lation in a sparsely populated area. guished colleague from Hawaii [Mr. upgrading, maintenance, purchase, expendi- During FY 1996 in my state, rural pub- INOUYE], the amendment permits use of tures, provision, and projects.’’ (b) EFFECTIVE DATE.—The amendments lic transportation operators provided the funds for passenger ferryboat serv- made by this section shall take effect as if 1,114,672 rides and traveled 2,102,414 ice within any non-Amtrak state. This included in the enactment of section 977 of miles transporting the elderly and dis- makes perfect sense for states like Ha- the Taxpayer Relief Act of 1997. abled of which over 50% of the rides waii and Alaska that rely on ferryboat S1740 CONGRESSIONAL RECORD — SENATE March 11, 1998 service in the same fashion that other Mr. WARNER. I thank the Chair. my friend, the senior Senator from the states rely on Amtrak service. That was important on behalf of State of Arizona, concerning what he Mr. President, I thank the able Members. refers to as ‘‘demonstration projects.’’ Ranking Member on the Committee on Mr. BAUCUS. Mr. President, reserv- I rise as someone who has served Environment and Public Works [Mr. ing the right to object, I want to un- both in the House of Representatives BAUCUS] for his assistance in moving derline that last point about the avail- and in this body, and am aware of dem- this amendment, and the assistance of ability of a point of order. onstration projects that have been ini- the distinguished Chairman [Mr. The PRESIDING OFFICER. Without tiated in both the House of Representa- CHAFEE] for expediting its consider- objection, it is so ordered. tives and in this body. ation. Mr. WARNER. I thank the Chair. First of all, we must acknowledge Mr. BAUCUS. Mr. President, it is a Mr. President, I suggest the absence that the House is going to have dem- very simple amendment offered on be- of a quorum. onstration projects in their bill. There half of Senator DASCHLE, Senator The PRESIDING OFFICER (Mr. is no question about that. They have THOMAS, and Senator ENZI. Essentially, FRIST). The clerk will call the roll. had them in the past. They will have it allows States that receive Amtrak The assistant legislative clerk pro- them in the future. As long as there is money but States which have no Am- ceeded to call the roll. a House of Representatives, there will Mr. ABRAHAM. Mr. President, I ask trak to be able to spend that money on be demonstration projects. There is no unanimous consent that the order for light rail or rural rail service. That is chance that the House will pass a the quorum call be rescinded. the point of the amendment. The PRESIDING OFFICER (Mr. transportation bill—an ISTEA bill— Mr. WARNER. Mr. President, this without earmarks of individual Mem- SANTORUM). Without objection, it is so amendment is acceptable on this side. I ordered. bers’ projects. urge its adoption. The Senate, in its wisdom, has re- The PRESIDING OFFICER. The AMENDMENT NO. 1911, AS MODIFIED fused at the committee level to adopt question is on agreeing to the amend- Mr. ABRAHAM. Mr. President, I call such a procedure for the consideration ment. up amendment No. 1911. of demonstration projects. I have stat- Mr. President, earlier today I spoke The amendment (No. 1962) was agreed ed in those committee meetings that I at some length about this amendment to. thought they were wrong. But I accept which involved making dollars avail- Mr. WARNER. I move to reconsider the will of the majority of the commit- able for educational efforts to try to the vote. tee and have not talked at great length better inform families as to how to Mr. BAUCUS. I move to lay that mo- about that. But I don’t think that we properly use child passenger safety tion on the table. should merely defer to the House on seats. We discussed it at some length, The motion to lay on the table was this matter. It would appear that we and at that time it had not been agreed to. will, before this procedure is all over, Mr. BAUCUS. Mr. President, I ask cleared on both sides. It is my under- have in the Senate version of the bill unanimous consent that Senator standing that it now has. I hope we can projects that are referred to as ‘‘dem- INOUYE be added as a cosponsor. agree to it at this juncture. The PRESIDING OFFICER. Without Mr. CHAFEE. Mr. President, this onstration projects.’’ The House has a procedure. These objection, it is so ordered. amendment is agreeable to this side. Mr. WARNER. Mr. President, I sug- Mr. BAUCUS. Mr. President, we aren’t just willy-nilly thrown into the gest the absence of a quorum. checked with the Commerce Commit- bill. The House committee of jurisdic- The PRESIDING OFFICER. The tee and the ranking member, and it is tion required a 14-point checklist. They clerk will call the roll. also cleared with them. are filled out for each demonstration The legislative clerk proceeded to The PRESIDING OFFICER. The project before they would even consider call the roll. question is on agreeing to the amend- it. Only a very few projects on that list Mr. WARNER. Mr. President, I ask ment of the Senator from Michigan. in the House will ultimately be accept- unanimous consent that the order for The amendment (No. 1911), as modi- ed for funding. If the original ISTEA the quorum call be rescinded. fied, was agreed to. legislation is any indication, well The PRESIDING OFFICER. Without Mr. ABRAHAM. Mr. President, I under 10 percent of the final dollar objection, it is so ordered. move to reconsider the vote by which amount in the House will be earmarked Mr. WARNER. Mr. President, on be- the amendment was agreed to. for demonstration projects. half of the distinguished majority lead- Mr. CHAFEE. I move to lay that mo- I also say to my friend from Arizona, er and the Democratic leader, I make tion on the table. for whom I have the greatest respect— the following unanimous consent re- The motion to lay on the table was and we have worked very closely on a quest. I ask unanimous consent that it agreed to. lot of different issues—that I don’t be in order during the pendency of the Mr. ABRAHAM. Mr. President, I think that referring to these matters Finance Committee amendment Sen- thank the managers again for their as ‘‘glorified pork’’ is doing anything ator MACK be recognized to offer an working with us on this. Also, I would to add any stature to this body or the amendment in relation to repeal of the like to thank both the chairman and other body. 4.3-cent gas tax, and the amendment be ranking member of the Commerce For example, in the State of Ne- considered under the following terms: 2 Committee for their help and coopera- vada—we are the fastest growing State hours for debate prior to a vote in rela- tion on behalf of Senators MCCAIN and in the Union—we have tremendous tion to the amendment, to be equally DODD. problems in the Las Vegas area. We divided in the usual form; that no We appreciate very much its inclu- have 300 new people, approximately, amendments be in order to the Mack sion in the legislation. I think it is an moving in there every day. We have all amendment, or the language proposed important step in the right direction. kinds of traffic problems because of to be stricken, prior to a vote in rela- Mr. REID addressed the Chair. that tremendous growth. tion to the Mack amendment; and that The PRESIDING OFFICER. The Sen- I say to my friend from Arizona, and following the conclusion or yielding ator from Nevada. others within the sound of my voice, back of time, the Senate proceed to PRIVILEGE OF THE FLOOR take for example, Hoover Dam. Hoover vote on or in relation to the Mack Mr. REID. Mr. President, I ask unan- Dam is built over the Colorado River, amendment or a motion to waive. imous consent that Drew Willison, a which separates the States of Arizona The PRESIDING OFFICER. Is there congressional fellow in my office, be and Nevada. The traffic that travels objection? extended floor privileges during the from Arizona into Nevada has to go Mr. WARNER. Mr. President, par- pendency of this bill. over the bridge. For decades, they have liamentary inquiry. The right to raise The PRESIDING OFFICER. Without said that is a security risk to this a point of order is preserved under objection, it is so ordered. country and should be replaced. It has this? AMENDMENT NO. 1726 only gotten worse as years have gone The PRESIDING OFFICER. The Sen- Mr. REID. Mr. President, I rise in op- by. We have now often times 5 to 7 ator is correct. position to an amendment offered by miles of backups of cars waiting to get March 11, 1998 CONGRESSIONAL RECORD — SENATE S1741 over that bridge. It is not only dan- ing critical needs and services prompt- amendment. It is something unrealis- gerous and unsafe but also, because of ly is what the people of this country tic, for the points I mentioned, and the national importance of this dam, it expect. It has nothing to do with glori- they are that conference committee is very insecure for purposes of terror- fied pork. members will do their best to come up ist attacks. We have authorized, Mr. Not surprisingly, this year’s list of with a good bill, demonstration President, a new bridge over the river House requests is filled with far more projects, by definition, are very dif- to alleviate that traffic. That is going projects such as the ones that I have ficult to come by—for example, the to have to come in some type of an ear- just described than some of the un- Hoover Dam Bridge and the Woodrow mark. It is going to cost $150 million. usual projects described by my col- Wilson Bridge are two good examples— Somehow, because of the need to move league from Arizona. We are talking and, last, the House is never going to commerce—not to Las Vegas but about a relatively small amount of agree to this. So I think we should vote throughout the country—we are going money here, and the projects that are the right way and vote against this to have to have something done about funded in this manner are frequently of amendment. heavy traffic coming over that river. critical importance to the States or Mr. President, I suggest the absence Commerce is being held up there, inter- they would not be earmarked. of a quorum. state commerce—trucks hauling goods Regarding the notion that these The PRESIDING OFFICER (Mr. from all over the country. We need to projects should count against the GREGG). The clerk will call the roll. do something with the bridge over the State’s obligation limit, I would ask The assistant legislative clerk pro- river. three questions: ceeded to call the roll. Take, for example, what we refer to First, would the House ever agree Mr. ROTH. Mr. President, I ask unan- as the ‘‘spaghetti bowl’’ in Las Vegas, with that? The answer is, obviously, imous consent that the order for the on I–15 and U.S. Highway 95 from Salt no. We spoke today with the House quorum call be rescinded. Lake to Reno, to the bridge, and to Surface Transportation Committee. To The PRESIDING OFFICER. Without Boulder City. I have already indicated say they reacted coolly, coldly, is an objection, it is so ordered. that we are the fastest growing State understatement. Instead of preparing AMENDMENT NO. 1963 TO AMENDMENT NO. 1676 in the United States. This spaghetti for the inevitable day when demonstra- (Purpose: To provide for a committee bowl is holding up interstate com- tion projects both exist and are outside amendment) merce. Large trucks hauling all kinds the obligation limit, we are, once Mr. ROTH. Mr. President, I send an of products simply can’t move through again, hiding behind some type of rhet- amendment to the desk. that area because it is clogged. We oric that has nothing to do with effec- The PRESIDING OFFICER. The have been very fortunate in that this tively preparing the conference’s bill clerk will report. interchange is going to be rebuilt. It is for the Senators. The assistant legislative clerk read going to be rebuilt with earmarked Second, how are we defining a dem- as follows: funds. Now, maybe someday we would onstration project under this amend- The Senator from Delaware [Mr. ROTH] have done that anyway, but how many ment? I feel very confident that the proposes an amendment numbered 1963 to lives would have been lost and what Senators from Maryland and Virginia amendment No. 1676. would be the loss to productivity in not are not eager to have the Woodrow Wil- Mr. ROTH. Mr. President, I ask unan- being able to move people through that son Bridge count against their State’s imous consent that the reading of the part of the country? So it is good that obligation limit. The bridge is feder- amendment be dispensed with. we went ahead and did this. ally owned, just like the bridge at Hoo- The PRESIDING OFFICER. Without Carson City, NV, remains one of only ver Dam. Perhaps the State should be objection, it is so ordered. a handful of State capitals in the held harmless. I believe that is the (The text of the amendment is lo- United States that are not linked to an case. But that argument can be made cated in today’s RECORD under interstate system. An earmark in the about any number of federally owned ‘‘Amendments Submitted.’’) original ISTEA bill funded the first leg facilities; as example, Hoover Dam. Mr. ROTH. Mr. President, I am of this critical link. The bridge between Nevada and Ari- pleased to rise today to send to the Finally, we have a real problem zona has to be built. Should Nevada or desk the Finance Committee’s amend- bringing people between the States of Arizona be penalized as a result of ment to the pending legislation. The California and Nevada. This used to be that? Obviously, the answer is no. work of the Finance Committee com- just a Nevada problem, until California Third, we have to give our colleagues plements the work undertaken by the came to the realization that commerce some credit. The members of the con- Environment and Public Works Com- from California simply could not move ference committee are charged with mittee. In general, the Finance Com- through southern Nevada because it doing what they can to hammer out a mittee amendment updates the current was clogged on I–15. We worked out a bill that is acceptable to both bodies. Tax Code provisions to correspond to cooperative project with the States of This is a key point. Obviously, a State the purposes of the pending legislation. California, Nevada, and Arizona. This that gets a disproportionate share of There are several additional provisions interchange that sends traffic to all demonstration projects is going to get contained in the Finance Committee three States is now beginning to be re- less in the final bill. Is it always dollar amendment that I would like to high- placed. This, again, was done with an for dollar? Of course not. But it needs light in my remarks today. earmark. There is certainly nothing to get past both Houses. Spreading lar- In particular, the Finance Committee wrong with that, something that bene- gess one way or another is frequently amendment extends the current expira- fits the country. It doesn’t benefit Ari- the way we get a bill. We have to look tion date of the highway fund excise zona more than Nevada, or California at the process we have used to get the taxes and the authority to spend reve- more than Nevada, or Arizona more bill this close to completion. It is a te- nue from the highway fund for 6 years. than California. It benefits all three dious process, but it has worked well. It also extends current law transfers of States. There is terrible congestion Finally, I suggest to my friend from revenue on motorboat and small engine there. There is a lot more work that Arizona that if the Senate would be re- gasoline taxes from the highway fund needs to be done on I–15 and along its alistic, and we usually are, and we will to the aquatic resources trust fund for entire route. be when the conference is completed, 6 years. As I have indicated, at some time, there will be demonstration projects. The Finance Committee amendment perhaps, these projects would have I suggest this amendment should not also extends the alternative fuels tax been funded. But what tragedies would be something we just accept. I think provision for 6 years. These provisions have occurred had these projects not we should vote against it. I know peo- are extended at reduced rates. They are gone forward? In a State that is experi- ple are going to say, Why should I vote identical to the provisions that were encing growth like Nevada or Califor- this way? Usually we knock it out in included in the Senate version of the nia, we have been able to move ahead conference anyway. But I do not think Taxpayer Relief Act of 1997. on some of these projects more rapidly we should be doing that. I think we The Finance Committee amendment than we would have normally. Deliver- should recognize this is not a good clarifies a provision relating to the S1742 CONGRESSIONAL RECORD — SENATE March 11, 1998 taxability of employer-provided trans- man’s wish and the Senate’s clear in- employee now can choose between tax- portation benefits. The amendment terest that we move ahead and get this able cash compensation and tax-free clarifies employees who have the work done. It is almost finished. This transit or vanpool benefits. This puts choice of either receiving cash com- is an absolutely indispensable title. It transit benefits on a level playing field pensation or receiving one of three provides the money for the programs with employer-provided parking. nontaxable transportation fringe bene- that have been authorized so far. EXPAND TAX-FREE TRANSIT BENEFITS fits. The nontaxable transportation I will make two points. One is that In addition to providing flexibility in fringe benefits are employer-provided the amendment was reported out of the the provision of transit benefits, the parking, employer-provided transit Committee on Finance unanimously. Finance Committee amendment, as passes and employer-provided van pool- Once again, the chairman has brought modified by Chairman ROTH, increases ing services. This provision would give us to a bipartisan unanimous position, the level of tax-free transit benefits. all employees the flexibility to deter- and I personally thank him for accept- Currently, the tax code is tilted mine the type of employer-subsidized ing the provision that gives equal heavily in favor of commuters who transportation benefit that they want treatment to mass transit commuters, drive to work. Up to $175 per month of to use or whether they want to receive as well as those who receive parking parking benefits can be provided to an cash instead of using these employer- benefits from their employers. employee on a tax-free basis. That re- provided benefits. This is an excellent measure, Mr. sults in a tax savings of almost 600 dol- This provision also provides that the President. It is not without certain ser- lars per year for a typical middle-in- value of tax-free employer-provided endipity that the managers of the un- come family working in a major metro- transit passes and van pooling services derlying bill, the Senator from Rhode politan area of this country. would be increased from $65 per month Island and the Senator from Montana, Employees who commute to work by to $100 per month in the year 2002. Both are also members of the Finance Com- other means, however, are not provided of these changes are offset by delaying mittee. commensurate tax benefits. The cur- the cost-of-living increase and the So we are here in perfect accord, and rent limit for tax-free transit benefits amount of tax-free employer-provided I hope we can proceed directly to ap- is 65 dollars per month. parking that would have been made in proving this amendment, although I The Finance Committee amendment 1999. understand we have an agreement that begins to narrow this gap by increasing The Finance Committee also extends an amendment will be offered shortly the amount of tax-free transit benefits to $100 beginning in the year 2002. the highway trust fund expenditures by the Senator from Florida. authority through September 30, 2003. I thank the Chair, and I yield the HIGHWAY INFRASTRUCTURE PRIVATIZATION ACT This provision is important because floor. The Finance Committee amendment without it, States would not have ac- Mr. CHAFEE. Mr. President, I am also includes a pilot program that will cess to highway trust fund monies. pleased to strongly support the amend- make it easier to finance public-pri- With regard to another issue, rail- ment offered by the chairman of the vate partnerships for the provision of roads are unfairly burdened under cur- Finance Committee which adds the transportation infrastructure projects. rent law. They are required to pay a revenue title to the Intermodal Surface This proposal is modeled after legisla- higher deficit reduction tax than other Transportation Efficiency Act of 1997. tion which I introduced last year along modes of transportation. The Finance Along with extending the motor fuel with my distinguished colleagues, Sen- Committee amendment helps to rem- excise taxes, this amendment includes ators WARNER, MOYNIHAN, and BOND. edy this unfairness by repealing the several changes to the nation’s tax Senators BOXER and GRAHAM are also $1.25 gallon deficit reduction rail diesel laws that will further the goal of im- cosponsors of that bill. One needs only to venture a few tax as of March 1, 1999. proving the quality of transportation The committee amendment also blocks from here to see the terrible in our country. clarifies the tax treatment of funds re- I want to take a few moments to dis- condition of many of the nation’s roads and bridges. Regrettably, the United ceived under the Congestion Mitigation cuss a few of those provisions. Air Quality Program. The Finance States faces a significant shortfall in Committee amendment includes a pro- EXPANSION OF COMMUTER CHOICE BENEFITS funding for our highway and bridge in- The Internal Revenue Code allows posal to allow public-private partner- frastructure needs. ship to use tax-exempt bonds to fund employers to provide parking or tran- This investment need comes at a highway toll roads and bridge con- sit benefits to employees on a tax-free time when we in Congress are des- struction projects. basis. These benefits are limited to perately looking for ways to constrain Finally, the amendment also includes parking valued at no more than 175 dol- federal spending to keep the budget language that would provide for a 2- lars per month and transit or commer- balanced. State governments face simi- year moratorium on the fuel terminal cial vanpool benefits valued at no more lar budget pressures. It is incumbent registration requirement concerning than 65 dollars per month. upon us to look at new and innovative kerosene. Senator CHAFEE and Senator Prior to this year, these tax exempt ways to make the most of limited re- NICKLES have worked hard to reach benefits had to be offered by an em- sources to address significant needs. this compromise. It is their hope that ployer on a take-it-or-leave-it basis. In the United States, highway and the market will work properly to en- That created a strong inducement for bridge infrastructure is the responsibil- sure the availability of both dyed and employees to drive to work, even in ity of the government. Governments undyed kerosene. If not, then the pro- those instances where an employee build, own and operate public high- vision would be implemented as origi- would prefer alternative methods of ways, roads and bridges. In many other nally enacted. commuting. Given the choice between countries, however, the private sector, The amendment includes a supple- free parking or nothing at all, most and private capital, construct and op- ment through the technical expla- commuters will choose to drive to erate important facilities. These coun- nation of the Finance Committee work and take advantage of the free tries have found that increasing the amendment that was printed in the parking. private sector’s role in major transpor- CONGRESSIONAL RECORD on October 8, Last year’s tax bill corrected this tation projects offers opportunities for 1997. Mr. President, the Finance Com- problem by giving employers flexibility construction cost savings and more ef- mittee amendment was approved on a in offering transportation benefits. ficient operation. They also open the voice vote. All members of the Finance Under that change, employers who door for new construction techniques Committee support the amendment. It want to offer employees a choice be- and technologies. is my hope that this Senate will pro- tween free parking or a raise in salary To help meet the nation’s infrastruc- ceed swiftly to enact this amendment. can do so without jeopardizing the tax ture needs, we must take advantage of Mr. MOYNIHAN addressed the Chair. benefits for employees who want to private sector resources by opening up The PRESIDING OFFICER. The Sen- keep their parking spaces. avenues for the private sector to take ator from New York. The Finance Committee amendment the lead in designing, constructing, fi- Mr. MOYNIHAN. Mr. President, extends this flexibility to transit and nancing and operating highway facili- might I rise in the spirit of the chair- vanpool benefits. Under this change, an ties. March 11, 1998 CONGRESSIONAL RECORD — SENATE S1743 A substantial barrier to private sec- When Congress decided to dye ker- tious debate this body had in 1996 dur- tor participation in the provision of osene, there was considerable concern ing consideration of the fiscal year 1997 highway infrastructure is the cost of about whether terminals would invest Transportation appropriations bill capital. Under current Federal tax law, in the equipment necessary to make when we attempted to correct an error highways built by government can be sure dyed, nontaxable kerosene would made by the Department of Transpor- financed using tax-exempt debt, but be available for use in home heating tation in interpreting Treasury excise those built by the private sector, or oil. If terminals chose not to add this tax collection data. My amendment those with substantial private-sector equipment, the only recourse would be would have attempted to avoid a simi- participation, cannot. As a result, pub- for home heating oil dealers to pur- lar problem that may be caused by this lic/private partnerships for the provi- chase taxed kerosene and pass the cost excise tax deposit shift. sion of highway facilities are unlikely along to home heating oil customers. The problem facing the Environment to materialize, despite the potential ef- Customers purchasing home heating oil and Public Works Committee is that ficiencies in design, construction, and on which tax has been paid would be el- there is a strong likelihood that any operation offered by such arrange- igible to file for a refund with the IRS, problems created by this excise tax ments. but you can imagine how cumbersome revenue shift will not be crop up until To increase the amount of private that would be for both the homeowner well after the damage is done. This spe- sector participation in the provision of and the Service. cial benefit—which I might add was highway infrastructure, the tax code’s So, when Congress imposed the dye- also extended to the airlines on the col- bias towards public sector financing ing regime, it also included a mandate lection of their excise taxes—will ex- must be addressed. that all terminals make dyed kerosene pire on October 5 of this year. The ef- The Finance Committee amendment available. This mandate has proven to fect on the state allocation formulas creates a pilot program aimed at en- be burdensome on many terminal oper- will not appear, however, until the couraging the private sector to help ators. Chairman ROTH, Senator NICK- year 2000. At that point, there will be meet the transportation infrastructure LES, and I were able to work out a com- no way to undo the effect of the delay needs for the 21st century. It makes promise that delays that terminal dye- in receiving those receipts. tax exempt financing available for a ing mandate for 2 years. That will give I remain very concerned that this de- total of 15 highway privatization Congress ample time to determine posit shift will come back to haunt the projects. The total face value of bonds whether the market will accommodate Senate. I also believe that the only that can be issued under this program the need for dyed kerosene without the sure way to prevent that from occur- is limited to $15 billion. mandate. ring would be to repeal the provision The 15 projects authorized under the I am confident that the marketplace that was included in last year’s tax program will be selected by the Sec- will meet the demand for dyed ker- bill. retary of Transportation, in consulta- osene in those areas where it is needed. Nevertheless, the chairman of the Fi- tion with the Secretary of Treasury. However, if that does not turn out to nance Committee has convinced me that my amendment should be re- To qualify under this program, projects be the case I can assure the Senate viewed further, and I accept his opin- selected must: serve the general public; that I will fight to reimpose the termi- ion. Therefore, I will not offer my be on public owned rights-of-way; re- nal dyeing mandate so that home heat- vert to public ownership; and, come amendment at this time. ing oil customers are not left out in Mr. MOYNIHAN. Mr. President, I from a state’s 20-year transportation the cold. suggest the absence of a quorum. plan. These criteria ensure that the AMENDMENT TO CORRECT THE FLOW OF TAX The PRESIDING OFFICER. The projects selected meet a state or local- REVENUES clerk will call the roll. ity’s broad transportation goals. Mr. President, I had intended to offer The legislative clerk proceeded to The bonds issued under this pilot pro- an amendment to correct a provision call the roll. gram will be subject to the rules and included in last year’s Taxpayer Relief Mr. MACK. Mr. President, I ask regulations governing private activity Act that could have dramatic effects unanimous consent that the order for bonds. Moreover, the bonds issued on the highway program in the future. the quorum call be rescinded. under the program will not count That provision, which granted those The PRESIDING OFFICER. Without against a state’s tax exempt volume collecting highway taxes an unprece- objection, it is so ordered. cap. dented 75-day delay in depositing those AMENDMENT NO. 1906 TO AMENDMENT NO. 1963 TWO-YEAR DELAY ON TERMINAL DYEING taxes with the Federal Government, (Purpose: To repeal the 4.3-cent transpor- MANDATE FOR KEROSENE will affect future apportionment for- tation motor fuels excise tax transferred to Finally, I am pleased that the Fi- mulas used to distribute highway the Highway Trust Fund by the Taxpayer nance Committee has worked with Sen- money to the States. Relief Act of 1997, effective on the date of ator NICKLES and me on a compromise This provision was not included in ei- enactment of this Act) that delays the implementation of the ther the House or the Senate tax bills. Mr. MACK. Mr. President, consistent terminal dyeing mandate for kerosene Nevertheless, this measure was slipped with a prior UC agreement, I call up for for 2 years. Coming from the North- into the conference agreement purport- consideration amendment No. 1906. east, this is an important matter for edly to make the path to a balanced The PRESIDING OFFICER. The me, and I think the chairman’s pro- budget by the year 2002 more uniform. clerk will report. posal is a reasonable approach to a con- Now that we are on track to reach bal- The legislative clerk read as follows: tentious issue. ance this year, the proposal included in The Senator from Florida [Mr. MACK] pro- Last year’s tax bill included a provi- poses an amendment numbered 1906 to last year’s tax bill is no longer nec- amendment No. 1963. sion which required that kerosene used essary. for nontaxable purposes be dyed to dis- The provision allows those collecting Mr. MACK. Mr. President, I ask tinguish it from kerosene during the excise taxes from July 15 through Sep- unanimous consent that reading of the winter to prevent diesel fuel from con- tember 30 of this year to hold onto that amendment be dispensed with. The PRESIDING OFFICER. Without gealing. As you may know, diesel used money and deposit it with the Federal objection, it is so ordered. as a motor fuel is subject to the high- Government no later than October 5, The amendment is as follows: way excise tax. When kerosene is 1998. From a Federal budget stand- At the end of the amendment, add the fol- mixed with diesel motor fuel, the ex- point, what this proposal does is shift lowing: cise tax applies to the kerosene added. highway tax revenue from the current SEC. ll. REPEAL OF 4.3-CENT TRANSPORTATION In the Northeast, however, essen- fiscal year to the next fiscal year. MOTOR FUELS EXCISE TAX TRANS- tially the same diesel fuel is used as Switching revenue from one year to FERRED TO THE HIGHWAY TRUST home heating oil. As home heating oil, another could affect the highway pro- FUND BY THE TAXPAYER RELIEF ACT OF 1997. diesel is not subject to the excise tax. gram because the State apportionment (a) REPEAL.— Therefore, kerosene mixed with diesel formulas use revenues collected from (1) IN GENERAL.—Section 4081 of the Inter- that is destined for home heating oil each of the States as the key factor. nal Revenue Code of 1986 (relating to imposi- use is also not taxed. Senators may remember the conten- tion of tax on gasoline and diesel fuel) is S1744 CONGRESSIONAL RECORD — SENATE March 11, 1998 amended by adding at the end the following tion 6412 of such Code shall apply for pur- Senator is recognized for 1 hour. There new subsection: poses of this subsection. is also a Senator recognized for 1 hour ‘‘(f) REPEAL OF 4.3-CENT TRANSPORTATION (c) EFFECTIVE DATE CONTINGENT UPON CER- in opposition. MOTOR FUELS EXCISE TAX TRANSFERRED TO TIFICATION OF DEFICIT NEUTRALITY.— Mr. MACK addressed the Chair. THE HIGHWAY TRUST FUND BY THE TAXPAYER (1) PURPOSE.—The purpose of this sub- The PRESIDING OFFICER. The Sen- RELIEF ACT OF 1997.— section is to ensure that— ‘‘(1) IN GENERAL.—Each rate of tax referred (A) this section will become effective only ator from Florida. to in paragraph (2) shall be reduced by 4.3 if the Director of the Office of Management Mr. MACK. Mr. President, this cents per gallon. and Budget (referred to in this subsection as amendment is straightforward. It calls ‘‘(2) RATES OF TAX.—The rates of tax re- the ‘‘Director’’) certifies that this section is for repealing the 4.3-cent gas tax, while ferred to in this paragraph are the rates of deficit neutral; ensuring deficit-neutrality through a tax otherwise applicable under— (B) discretionary spending limits are re- corresponding reduction in overall ‘‘(A) subsection (a)(2)(A) (relating to gaso- duced to capture the savings realized in de- spending caps. So the first point I want line and diesel fuel), volving transportation functions to the to make to my colleagues is that this ‘‘(B) sections 4091(b)(3)(A) and 4092(b)(2) (re- State level pursuant to this section; and is, in essence, budget neutral. lating to aviation fuel), (C) the tax reduction made by this section ‘‘(C) section 4042(b)(2)(C) (relating to fuel In 1993, when President Clinton and a is not scored under pay-as-you-go and does Democratic Congress raised the gas tax used on inland waterways), not inadvertently trigger a sequestration. 4.3 cents, they did so for deficit reduc- ‘‘(D) paragraph (1) or (2) of section 4041(a) (2) EFFECTIVE DATE CONTINGENCY.—Not- (relating to diesel fuel and special fuels), withstanding any other provision of this Act, tion purposes. Again, I do not think I ‘‘(E) section 4041(c)(3) (relating to gasoline this section shall take effect only if— have to remind my colleagues it was a used in noncommercial aviation), and (A) the Director submits the report as re- pretty contentious debate. The under- ‘‘(F) section 4041(m)(1)(A)(i) (relating to quired in paragraph (3); and lying bill ended up passing, I believe, certain methanol or ethanol fuels). (B) the report contains a certification by by one vote. However, it seems clear ‘‘(3) COMPARABLE TREATMENT FOR COM- the Director that, based on the required esti- now that this tax is no longer needed. PRESSED NATURAL GAS.—No tax shall be im- mates, the reduction in discretionary out- posed by section 4041(a)(3) on any sale or use All the estimates that we are receiving lays resulting from the reduction in contract from many, many different sources during the applicable period. authority is at least as great as the reduc- ‘‘(4) COMPARABLE TREATMENT UNDER CER- tion in revenues for each fiscal year through would indicate that we are going to see TAIN REFUND RULES.—Each of the rates speci- fiscal year 2003. surpluses out for many years to come. fied in sections 6421(f)(2)(B), 6421(f)(3)(B)(ii), (3) OMB ESTIMATES AND REPORT.— However, rather than to return this 6427(b)(2)(A), 6427(l)(3)(B)(ii), and 6427(l)(4)(B) (A) REQUIREMENTS.—Not later than 5 cal- tax, the Congress is on the verge of re- shall be reduced by 4.3 cents per gallon. endar days after the date of notification by taining this tax for increased transpor- ‘‘(5) COORDINATION WITH MASS TRANSIT AC- the Secretary of any election described in tation spending, having succumbed to a COUNT.—The rate of tax specified in section subsection (c), the Director shall— 9503(e)(2) shall be reduced by .85 cent per gal- multiyear campaign by the transpor- (i) estimate the net change in revenues re- lon.’’. tation industry. sulting from this section for each fiscal year (2) EFFECTIVE DATE.—The amendment The industry vehemently maintains through fiscal year 2003; made by this section shall take effect on the that the gas tax’s user fee is paid by a (ii) estimate the net change in discre- date of enactment of this Act. tionary outlays resulting from the reduction consumer who believes gas taxes will (b) FLOOR STOCK REFUNDS.— in contract authority under this section for be used for transportation purposes. (1) IN GENERAL.—If— However, this is simply not the case. (A) before the date of enactment of this each fiscal year through fiscal year 2003; Act, tax has been imposed under section 4081 (iii) determine, based on those estimates, Gas taxes being used for deficit reduc- or 4091 of the Internal Revenue Code of 1986 whether the reduction in discretionary out- tion is not a unique event. What many on any liquid, and lays is at least as great as the reduction in do not know, or simply will not ac- (B) on such date such liquid is held by a revenues for each fiscal year through fiscal knowledge, is that the gas tax was cre- dealer and has not been used and is intended year 2003; and ated for deficit reduction purposes, and for sale, (iv) submit to the Congress a report setting for the first 20 years had been used for forth the estimates and determination. there shall be credited or refunded (without (B) APPLICABLE ASSUMPTIONS AND GUIDE- that purpose. It was for the same pur- interest) to the person who paid such tax LINES.— pose that the 4.3-cent gas tax was en- (hereafter in this subsection referred to as (i) REVENUE ESTIMATES.—The revenue esti- acted in 1993. However, this Congress is the ‘‘taxpayer’’) an amount equal to the ex- mates required under subparagraph (A)(i) one that is committed to fiscal re- cess of the tax paid by the taxpayer over the shall be predicated on the same economic amount of such tax which would be imposed straint and providing tax relief to and technical assumptions and scorekeeping on such liquid had the taxable event oc- America’s working men and women. It guidelines that would be used for estimates curred on such date. is much different than the Congresses made pursuant to section 252(d) of the Bal- (2) TIME FOR FILING CLAIMS.—No credit or of the last several decades, which were refund shall be allowed or made under this anced Budget and Emergency Deficit Control all too willing to commit and spend Act of 1985 (2 U.S.C. 902(d)). subsection unless— taxpayers’ dollars. It seems to me that (A) claim therefor is filed with the Sec- (ii) OUTLAY ESTIMATES.—The outlay esti- mates required under subparagraph (A)(ii) this Congress ought to return to the retary of the Treasury before the date which taxpayer this now unnecessary deficit is 6 months after the date of enactment of shall be determined by comparing the level this Act, and of discretionary outlays resulting from this reduction gas tax, and, in so doing, we (B) in any case where liquid is held by a Act with the corresponding level of discre- can provide tax relief directly to the dealer (other than the taxpayer) on the date tionary outlays projected in the baseline men and women who need it most— of enactment of this Act— under section 257 of the Balanced Budget and America’s working class who drive on (i) the dealer submits a request for refund Emergency Deficit Control Act of 1985 (2 our Nation’s roads every day. or credit to the taxpayer before the date U.S.C. 907). This tax should be repealed. The (4) CONFORMING ADJUSTMENT TO DISCRE- which is 3 months after such date, and American people were asked to con- TIONARY SPENDING LIMITS.—Upon compliance (ii) the taxpayer has repaid or agreed to tribute more money at the pump so repay the amount so claimed to such dealer with the requirements specified in paragraph (2), the Director shall adjust the adjusted that we might achieve a balanced budg- or has obtained the written consent of such et. And we did. But nobody has gone dealer to the allowance of the credit or the discretionary spending limits for each fiscal making of the refund. year through fiscal year 2003 under section back to the American people and asked 601(a)(2) of the Congressional Budget Act of (3) EXCEPTION FOR FUEL HELD IN RETAIL them if their money can be kept for in- 1974 (2 U.S.C. 665(a)(2)) by the estimated re- STOCKS.—No credit or refund shall be allowed creased spending. It seems to me this is under this subsection with respect to any ductions in discretionary outlays under a question which ought to be asked. I liquid in retail stocks held at the place paragraph (1)(B). am confident that almost all of us have where intended to be sold at retail. (5) PAYGO INTERACTION.—Upon compliance with the requirements specified in paragraph heard from our States claiming that (4) DEFINITIONS.—For purposes of this sub- (2), no changes in revenues estimated to re- they need more transportation dollars. section, the terms ‘‘dealer’’ and ‘‘held by a They have asked for more flexibility in dealer’’ have the respective meanings given sult from the enactment of this section shall to such terms by section 6412 of such Code; be counted for the purposes of section 252(d) spending their transportation dollars, except that the term ‘‘dealer’’ includes a pro- of the Balanced Budget and Emergency Defi- and they have complained about the ducer. cit Control Act of 1985 (2 U.S.C. 902(d)). bureaucratic red tape which accom- (5) CERTAIN RULES TO APPLY.—Rules similar The PRESIDING OFFICER. Under panies gas tax dollars funneled through to the rules of subsections (b) and (c) of sec- the unanimous consent agreement, the Washington. March 11, 1998 CONGRESSIONAL RECORD — SENATE S1745 Repeal of the 4.3 cents offers the Con- ator will agree with me—but with due In addition, it is inadvisable because gress a way of meeting all of these respect, this amendment, were it to be we are now at this point, with the pas- goals. First, it keeps the faith with the adopted by the Senate, would be lit- sage of this bill and the defeat of this taxpaying public by returning a deficit erally destructive of this bill and the amendment, spending the money that reduction tax which is no longer need- work that the committee, under the comes into the highway trust fund ed. Again, I remind everyone, there was leadership of the distinguished chair- back out on to highways. That is, the a very strong debate about this, pass- man and ranking member and myself, revenue coming in as a consequence of ing a 4.3-cent gasoline tax for the pur- have provided these many, many this bill will be used to finance spend- pose of deficit reduction. It was almost months to get where we are. ing on our roads and our highways. implied—in fact, I guess if I went back I think we have at long last, Mr. I might say, Mr. President, that polls and pulled up the various speeches, I President, reconciled many, many dif- confirm that Americans support the am sure that there were those who ferences to try and bring back a feeling gas tax so long as the funds are being said, when there is, in fact, no longer a of credibility in the principle of equity used on our highways. That is what deficit, this tax will be repealed and re- of distribution among the several this bill does. This amendment says, turned to the taxpayer. States. sorry, folks, we are not going to repair Secondly, it gives States the oppor- The needs for the highway system the roads and highways, not to the de- tunity to replace this tax with one of are clearly in the minds of all Sen- gree we should, and we are going to be their own. This gives the taxpaying ators, as well as, I am sure, the Sen- derelict and not live up to our respon- public ample opportunity to have their ator from Florida. There is no dispute sibilities. voices heard on the issue of whether there. So we are down here in the final Today, all levels of government this gas tax should be lowered again or hours of this bill now faced with an spending on highways and roads and kept in place for increased transpor- amendment which would, in my judg- bridges is about $34 billion a year. The tation spending. ment, simply be destructive and would Department of Transportation says we Finally, should the States and the re- result in the unraveling of the bill as it need more than that. It says we need spective taxpayers support using the presently is before the Senate. $54 billion just to maintain current gas tax for increased transportation At this point I am perfectly willing conditions, just to maintain. We need spending, it would be free from Federal to yield the floor if other Senators about $74 billion a year to improve. If wish to speak to the issue. I see the strings and available for the States’ this amendment passes, we are going to distinguished chairman of the Finance priorities, not Washington’s. Estimates take $6 billion a year away from what Committee and my distinguished from transportation economists and we otherwise would be spending. That chairman of the Environment Commit- several State secretaries of transpor- is, today I say we spend $34 billion, and tee. it is true with the passage of this bill tation suggest that without Federal in- Mr. ROTH addressed the Chair. terference, mandates, and restrictions, The PRESIDING OFFICER. The Sen- we spend more than $34 billion, but I a State could get as much as 20 to 40 ator from Delaware is recognized. might say I think it is obvious to Sen- percent more for their gas tax dollars. Mr. ROTH. Mr. President, I have the ators who are listening to this that it As a final point, according to data greatest respect for the author of this sounds good but it is a bad idea. I urge compiled by the Congressional Re- amendment. But as the distinguished Members to yield back time and get on search Service, since 1990, two-thirds of Senator from Virginia has so ably stat- with the vote. We all know where the all States have increased their own gas ed, this amendment, if adopted, would votes are in this, and we are just wast- taxes. This clearly indicates that our be a killer amendment. So I rise in op- ing our time by debating this further. Nation’s States have the will and the position to this amendment. Under cur- Mr. WARNER. I simply say, philo- ability to increase their own gas taxes rent law, the 4.3-cent tax is transferred sophically I agree with my colleague, should they need them and should their to the highway trust fund. And that but I think it is an important amend- citizens choose to do so. tax is being proposed to be used to fund ment, one deserving such attention as So I say to my colleagues, let us re- important highway programs. the distinguished Senator from Florida peal this 4.3-cent gas tax which we told I point out, as the Senator from Vir- desires. I will make a motion at an ap- the American people would be used to ginia has already mentioned, months of propriate time here on the Budget Act, achieve a balanced budget. Let us give hard work have gone into the develop- just to inform Senators, but I remind them a chance to consider, with their ment of this legislation. The bill has Senators we are ready to move on this State legislators, whether they are been considered for several days on the amendment. If any Senator desires to willing to see this tax used for in- Senate floor. I think it is important speak, he or she should make that creased transportation spending. that we move forward as expeditiously known to the managers of the bill. Mr. President, I yield the floor. as possible. I agree with my colleague from Mon- Mr. WARNER addressed the Chair. As I said, this amendment, if adopt- tana. I am prepared to yield back the The PRESIDING OFFICER. The Sen- ed, would have the effect of killing the time in opposition. ator from Virginia. ISTEA legislation. It would be most re- Mr. MACK. Mr. President, let me say Mr. WARNER. Mr. President, I yield grettable to have that happen. It is to my colleagues, I have nothing but myself such time as—— time, in my judgment, to pass the leg- the greatest of respect for each of you The PRESIDING OFFICER. Is the islation and give States the necessary as well. We all know that we come to Senator rising in opposition? highway funding without further delay. the floor with different interests in Mr. WARNER. I do rise in opposition. I yield the floor. this debate. I suspect if the addition of The PRESIDING OFFICER. The Sen- Mr. WARNER. I yield such time as the 4.3 cents that I believe Senator ator is recognized for 1 hour. the Senator may consume. CHAFEE added during this debate on the Mr. WARNER. Mr. President, as an Mr. BAUCUS. Mr. President, this underlying bill, that probably, if that author of the underlying bill, before we sounds good, repeal the 4.3-cent gaso- 4.3 cents had gone back to each individ- had done such valuable work in the line tax. Nobody likes paying taxes. We ual State as the money was contrib- Senate to amend it, I would have to all know that. We also know we want uted, it would be much harder for me say, with the greatest respect to my our highways. to be here today offering an amend- colleague, while philosophically I align If this amendment were to pass, we ment to repeal it. myself with his view of giving the would be going backwards. Why do I But I think it is fair to say from the States and the people of those States say that? I say that, first, because it perspective of a donor State—and I the greatest say over their tax dollars would, as the Senator from Delaware might add, a donor State for the past and the wisdom of having those dollars said, kill this bill. This is a killer 41 years—that we are just kind of say- at their discretion—and if several amendment. This amendment would ing the time has arrived in which we States do go through the legislative take about $6 billion a year away from think there ought to be greater equity process, putting a replacement tax on the highway bill, $6 billion that would in the allocation of funds and we be- the books, there is a question and not be spent on highway construction, lieve that our States, and again the 29 doubt about that, I am sure the Sen- maintenance, et cetera. donor States, would be better off with S1746 CONGRESSIONAL RECORD — SENATE March 11, 1998 the 4.3 cents coming back to their indi- the ranking member, did not have scrapped the Articles of Confederation. vidual States for them to make a de- these funds. I and, as a ranking mem- We decided under the principles of fed- termination about how it should be ber, Mr. BAUCUS, joined Senators BYRD eralism—it is complicated, I grant spent. and GRAMM, and the rest is history. you—that we are a nation and we are 50 I just happen to believe, and many This amendment was adopted very States—not 50 then but today 50. transportation economists support it, strongly in the Senate. It is not an easy matter. It is com- that the dollars spent in States them- I have to say as to the bill as it has plex. We have to find some rough jus- selves are more efficiently used, more been amended under the leadership of tice here. The effect of the amendment effectively used, the purchasing power the distinguished chairman, the Sen- of the Senator, I submit with all gra- is much greater. Again, I respect the ator from Rhode Island, we have had to ciousness, would have put an unfair perspective that my colleagues on the make some modifications to the alloca- burden on the thinly populated States other side of this issue raise, but I have tion in the underlying bill as we placed because they couldn’t raise the money, a totally different viewpoint. on top the Chafee amendment which frankly, to have a truly national inter- The second point I raise is that the added the funds derived from the Byrd- state highway or primary road system. comment was made a few moments ago Gramm-Warner-Baucus amendment. It is for that reason, in addition, that I that somehow or another if I were to be I assure the Senator that with the do not think the Senator’s amendment successful in this amendment—and I funding profile in this bill of equity is good for our country. think we all know before we have a among the States, where we had a 90 Mr. MACK. If I may take a couple of vote what the outcome is going to be. percent return in the original bill out minutes to respond, and then I think I make a point that if we were to re- of subcommittee and now we have my colleague, Senator GRAHAM, will peal this, to then assume that all of achieved, I think, in many instances a seek recognition, I think it is fair to these funds would then not be spent for 91 percent return in the combination of say that the so-called donor States, highway construction is fundamentally the underlying bill and the Chafee some of the more densely populated flawed. amendment, such amendments as we States, have recognized the needs of I indicated in my opening comments put on, some today, are—I use the word western States. I grant that there are that State after State has raised their not ‘‘killer’’ but ‘‘destructive,’’ out of unique situations that exist among the own gasoline taxes to be spent at my respect for my good friend. different States of our Nation. home, and I say those States—and I Mr. BAUCUS. If I could very briefly I might just say I don’t think in my suspect mine would be one of them be- say to my good friend from Florida, I wildest imagination that if this amend- cause we do have tremendous needs think it is important for us to look at ment would pass, we would have cre- with respect to transportation, wheth- our national motto: E pluribus unum. ated, then, 50 nations, but I understand er that be mass transit or whether that We are different States. Florida is a the point that my colleague is trying be highway construction—have tre- very densely populated State. Western to make. mendous needs and I am confident that States are very thinly populated. There We understand and I think that, by the State legislatures would, in fact, are large expanses. Western States our actions in the past, we recognize address the issue of the 4.3-cent repeal. have high State gasoline taxes to that. But the concept, when the Inter- Again, the budget’s bottom line is match the Federal funds. I can’t speak state Highway System was put into ef- the 29 donor States would be much bet- for all the western States, but I know fect, in fact, was an interstate system. ter off if, in fact, they were able to col- my State of Montana has a 27-cents-a- It was done for a national or Federal lect this money and set their own pri- gallon State gasoline tax. I don’t know purpose. That is, in fact, why the for- orities. So that is, again, one of the what it is in Florida. mulas were initially created. But I reasons that I have offered this amend- The assumption that, with the pas- again make the argument that—and I ment. sage of the amendment, States them- think most people would agree—for all The last point I make before I yield selves can spend their own money that intents and purposes, the Interstate to others is that the original bill had they otherwise send to Uncle Sam, that System has been completed. been crafted without this new funding. money would be spent on highways While I probably would go much fur- Any funding attributable to the 4.3 may work in more densely populated ther than this amendment, all I am cents has been provided as a totally States where the present gasoline tax suggesting is that we take the 4.3-cent separate section of the committee’s is a little lower and where those States gasoline tax, which was originally original bill. can finance the spending of the addi- passed for the purpose of deficit reduc- I don’t think we are destroying the tional highway dollars, but I say to my tion, and eliminate that. I think it is underlying work. I say to my col- good friend, in the West that is much fair to say that we do have an inter- leagues, I look at this in a sense as two more difficult. In fact, if Montana were state system that is in place. States different packages. One, there is the to spend the same dollars that it sends like mine recognize the needs of other underlying bill; and then the other has to Uncle Sam and spend it at home, the States around the Nation. We helped to do with how the 4.3 cents is divided State of Montana would have to raise build those, pay for those, and main- up. the gasoline tax 12 to 15 cents. So we tain those. But now it’s time to recog- Again, my intention here is not to would be up to about 42 cents a gallon nize that there is a new era, that destroy the work that the committee State tax on top of Federal. That is things have in fact changed. The Inter- has so diligently done, and in no way typical of a lot of western States. It state System is built. There is no do I mean to imply by the offering of just can’t be done. longer a deficit—at least, we are being this amendment that I don’t appreciate So, it is the nature of the beast that told that—and it is safe to assume the work you have done to try to ac- the very densely populated States, the that, for as far as we can see, there will commodate us. Each of us knows there smaller, densely populated States simi- be surpluses. There ought to be a re- is a point at which we have to stand up lar to the State of Florida, are by defi- peal of the tax. for our own beliefs, and the time has nition going to have to probably pay a I yield the floor. arrived with respect to this issue. little more into the trust fund so that The PRESIDING OFFICER. Who I yield the floor. the very thinly populated States that seeks time? Mr. WARNER. I might say we have a already have very high State gasoline Mr. WARNER. Mr. President, I yield basic disagreement on the likelihood taxes trying to make their State such time as the distinguished Senator that the States would all enact the tax match can have highways built in their from Rhode Island may require. promptly, but that certainly is an issue States so we have a truly national sys- The PRESIDING OFFICER. The Sen- to be understood by all Senators. tem. ator from Rhode Island, Mr. CHAFEE, is As to the funding, yes, the Senator is If you follow the logic of the amend- recognized. correct. The underlying bill which ment of the Senator, and I understand Mr. CHAFEE. Mr. President, I have came out of the subcommittee, which I it, it is essentially moving toward 50 the greatest respect for my distin- am privileged to chair, of which the nations, 50 States. We had that argu- guished colleague from Florida, and I distinguished Senator from Montana is ment about 200 years ago when we would like to point out several things, March 11, 1998 CONGRESSIONAL RECORD — SENATE S1747 if I might, in connection with the re- tus of the timing on this amendment, 1993, would be germane and appro- peal of the 4.3-cent gasoline tax. of course, under the time agreement— priate. So we offer it to our colleagues It seems to me that this is an amend- I first ask the Chair to state the re- at this earliest opportunity. ment that is about 2 weeks late. As we mainder of the time. Mr. President, I believe that there have had pointed out here, about 10 The PRESIDING OFFICER. The Sen- are a number of fundamental issues days ago, maybe a little bit more, we ator from Virginia has 43 minutes. The raised by this amendment. The first of were in a jam on this floor in connec- Senator from Florida has 48 minutes. those is the obvious, and that is that tion with this so-called ISTEA II legis- Mr. WARNER. I thank the Chair. It the United States is a federal system. lation. State after State was asking for is the intention of the Senator from We have the opportunities for the more, and so, thus, then came the free- Virginia, in my capacity of managing needs of our people to be met, as the ing up, if you would, through negotia- time for the opponents, to yield back Presiding Officer knows well as a tions with the majority leader, the my time at such time as the distin- former Governor of one of our States, leader of the Budget Committee and guished Senators from Florida indicate by action at the State level, or by ac- others from both sides of the aisle, of they are prepared to do so. tion at the national level where appro- this money, which started out at $18 Just prior thereto, I shall make the priate, and as illustrated by the trans- billion and worked its way up to $25 following motion, which I do not make portation system, a merger of State billion. Because we had that extra now but I state for the RECORD and for and Federal initiatives. So the state- money, we were able to achieve peace the information of all Senators: ment that is made that if we repeal on the floor here, and we have adopted The amendment offered by the Sen- these funds, it will have a serious ad- an amendment, which we just did a ator from Florida, Mr. MACK, repeals verse and continuous effect on our couple of hours ago, which we call the 4.3 cents of the Federal gasoline tax. transportation system ignores the fact donor States amendment. As a result, This amendment would result in a loss that (a) these funds were not levied for the money has been spent. At least it of Federal revenue of nearly $6 billion the purposes of transportation and, up has been allocated on the floor. for the first year and $30 billion over 5 until this proposal that is before us If this amendment should pass, it years. The loss of revenue will cause a today, these funds have never been then would unravel everything that we breach of the revenue floor established spent for transportation, and, third, have accomplished in the last 2 weeks in the budget resolution. Therefore, I that we are in essence returning to the in this body. It would unravel the raise a point of order under section States the fiscal capacity which they agreement we reached because there 311(a)(2)(b) of the Congressional Budget can decide to use for transportation. So we are not, in this amendment, aren’t additional funds to substitute Act of 1974 against the pending amend- hostile to the needs of transportation. for the 4.3 cents that we allocated. So ment. We are particularly aware of those I think it would be very unfortunate. I will ask the Chair at the appro- needs in a rapidly growing State. Our Maybe if the amendment had been priate time that that be stated. position is, however, that this degree of brought up, as I say, some 2 weeks ago Mr. CHAFEE addressed the Chair. capacity to meet transportation needs and we then could say to everybody The PRESIDING OFFICER. The Sen- should be at the States’ discretion. The that there is no more, that is all there ator from Virginia still has the floor. States should decide whether they wish is, perhaps an agreement would have Mr. WARNER. I yield to the Senator to use this amount of resources to ex- been reached. But I doubt it because from Rhode Island. pand their transportation needs, and sides were dug in pretty hard around Mr. CHAFEE. Mr. President, I would we should not arrogate that decision to here, and it was necessary for the ma- like to repeat the admonition the Sen- us to make by shifting a tax initially jority leader to become involved and ator from Virginia made for all those levied for one purpose, deficit reduc- the Budget Committee chairman in who wish to speak either for or against tion, to a new purpose, transportation order to extricate ourselves from that this amendment. Please come to the spending. difficult situation. floor. I am not sure what the pro- I want to raise one more point, Mr. Second is the enormity of the deci- ponents of the amendment will do with President, and that is as follows. Every sion that we are about to make. The their time. But as has been pointed industrial nation in the world has far Interstate Highway System and the out, we are anxious to move on with higher overall gasoline taxes than we current Federal highway trust fund this legislation. have in this Nation. If you talk to any both came into being in the mid 1950s Speaking just for our side, I hope environmental group, they will say during the administration of President that all those who wish to speak in op- that gasoline taxes result in a reduc- Dwight Eisenhower. President Eisen- position will come to the floor; here is tion in miles traveled by automobiles. hower had a great vision for this Na- your chance. The store is open for busi- In other words, if somebody is encum- tion, which was that it would be linked ness. We are anxious to move on. If bered by a gasoline tax, raising the by a system of the most modern high- there are no speakers, the idea would cost of operating his or her vehicle, ways. The Nation accepted that vision be to close debate as soon as possible those people will be more cautious and, in 1957, we launched this goal. about using their vehicle, or else they thereafter. In that year, 1957, as we were starting Mr. GRAHAM addressed the Chair. will seek out vehicles that get far more the National Interstate Highway Sys- The PRESIDING OFFICER. The Sen- miles per gallon than would otherwise tem, this Congress determined that the ator from Florida, Mr. MACK, controls be true. So a gasoline tax, no matter appropriate level of funding to com- the time. whether it’s modest or very substan- mence the project was $2.1 billion. That Mr. MACK. Mr. President, I yield to tial, results in environmental improve- is what was spent in the first year of my distinguished colleague such time ments, lower emissions, obviously, and the Interstate Highway System. Fif- less global warming. as he may require. teen years later, in 1973, the system So in a strange way that many of us The PRESIDING OFFICER. The Sen- was well underway. Its tentacles were haven’t thought about, a vote to repeal ator from Florida, Mr. GRAHAM, is rec- beginning to reach across America. the 4.3 cents would really be a vote ognized. Suburbs were being united by modern against the environment and our ef- Mr. GRAHAM. Mr. President, I com- highway systems with major cities. forts to reduce emissions in this coun- mend my friend and colleague, Senator Cities were being connected. Regions try and our efforts to curb the global MACK, for having brought this fun- were being brought together in a na- warming that is occurring. damental issue to the Senate at the tional interstate highway system upon So, recognizing that both of my col- earliest opportunity that was available which we spent, in the 1973 Highway leagues from Florida are very good en- to have this matter debated. It had Act, $5.9 billion a year, for a total vironmentalists, I urge them to con- been our understanding and advice that under that act of $17.8 billion for 3 sider that measure when they rise to it was on the amendment offered by years. make their presentations. the Finance Committee that the In 1976, as the system continued to I thank the Chair. amendment that Senator MACK brings expand, in my State, as it was reaching Mr. WARNER. Mr. President, to in- to us today to repeal the 4.3-cent defi- down the east coast, what is now Inter- form the Senate with regard to the sta- cit reduction tax, which was adopted in state 95, we were spending $8.7 billion a S1748 CONGRESSIONAL RECORD — SENATE March 11, 1998 year on the Interstate Highway Sys- and to proceed to vote on Senator the Senator from Florida, and I will tem. In 1978, as we were beginning to Dole’s proposal to repeal the 4.3 cents. have further comments about his con- complete some of the major systems I might say that I opposed the repeal tribution all the way since 1991 on be- within our largest cities, we were of the 4.3 cents because I felt we needed half of the donor States. spending $12.8 billion on the Interstate to retain those funds in the General Mr. GRAHAM. Madam President, I Highway System. Those numbers con- Treasury until such time as we had in appreciate that generous comment, tinued to grow until, by 1987, we were fact achieved the objective of eliminat- which is typical of my friend from Vir- spending $14 billion a year on the Inter- ing the Federal deficit. But 54 of our ginia, with whom I was pleased to join state Highway System, and I am 100 Members on the 14th of May of 1996 as an original cosponsor of what we pleased to announce that we brought it voted to invoke cloture and bring to a call step 21. Step 21 had as a central to completion. vote the proposal to repeal the 4.3 goal to provide that, of those funds In fact, the last segment of the origi- cents tax. There were many arguments which came into the Federal highway nal Interstate Highway System that made at that time in favor of that re- trust fund, 95 percent of those funds was completed was I–595 in Broward peal. would be returned to the contributing County, FL. A celebration should be I will quote from one of those, which States, thus leaving 5 percent of the held at that site where the last bit of was given by the senior Senator from total to be available to meet national asphalt and concrete were poured to Texas which related to the issue of the needs as determined by this Congress. complete a half century of America’s fundamental unfairness of this 4.3 When we were debating step 21 and the effort to build the Interstate Highway cents tax. The Senator stated on the various alternatives for the Federal System. When we passed ISTEA I in 14th of May of 1996: highway program, it was determined 1991, we declared this to be the first We, therefore, created through this gaso- that there was not an adequate amount post-Interstate Highway System bill. line tax an incredible redistribution of in- of money left to meet national needs, if come and wealth. The Clinton gasoline tax Our actions were not quite consistent imposed a new burden on people who drive to 95 percent was returned to the contrib- with the rhetoric because, in the first work for a living in order to subsidize people uting State. So two changes were year after completion of the Interstate who, by and large, do not go to work. We made. Highway System, we spent $20.4 billion have an opportunity in this pending amend- One change was to lower the percent- a year on highways—more than $6 bil- ment to solve this problem by repealing this age from 95 percent to 90 percent, and lion more than we were spending in the gasoline tax, thereby eliminating this bur- the second was to change the base upon last year when we were completing the den on people who have to drive their cars which the percentage was applied from and trucks great distances to earn a living. the amount that each State contrib- Interstate Highway System. In my State it is not uncommon for someone Now, today, we are proposing to pass to drive 40 miles from where they work, and, uted to the fund to the amount which a bill, which started at $145 billion over as a result, a gasoline tax imposes a very each State received from the fund for a 6-year period, which has now reached heavy burden on them. We have an oppor- formula programs, which now is that $173 billion over a 6-year period, for an tunity to eliminate this inequity by repeal- approximately 91 to 92 percent of all of average over that time of $28.8 billion. ing the 4.3-cents-a-gallon tax on gasoline—a the funds which will be distributed will So we are going to be spending, in the permanent gas tax that for the first time come through one of these formula pro- period that is now almost 10 years after ever went into the general revenue to fund grams. social programs instead of paying for high- The rationale for stepping back from the completion of the system, approxi- way construction. mately $14 billion, more than 100 per- that original goal of equity of 95 per- Madam President, we have that same cent of contributions into the fund was cent more per year than we were spend- opportunity again today to repeal this that there were insufficient dollars in ing in the last year of completing the 4.3-cents tax, which is imposing this order to be able to achieve that level of Interstate Highway System. very heavy burden on many of our peo- (Ms. COLLINS assumed the Chair.) equity. The concern of many today is ple. Mr. GRAHAM. Madam President, I Finally, Madam President, on the that we have now added almost $29 bil- say enough is enough. We have finished issue of a national system or a paro- lion to the original $145 billion of high- our task. We have built the Interstate chial transportation system at the way funds, and, yet, we have made only Highway System that was President original recommended authorization marginal progress towards that origi- Dwight Eisenhower’s vision. This is the level of $145 billion, which is the level nal goal of equity. We still are going to time to begin to ask the question: recommended by the Senate Commit- utilize not a percentage of the money What is the Federal role in transpor- tee on Environment and Public Works, going into the fund but rather a per- tation? What is our next step in terms we would have been spending approxi- centage of money coming out of the of meeting the transportation needs of mately $23 billion more on the highway fund under the formula programs. And the American citizen? system under ISTEA II than we spent we have increased the percentage from I do not believe it is appropriate at on the highway system under ISTEA I 90 to 91 percent, albeit even that is this time to be doubling the amount of since 1991. So there was a substantial going to be subject to a variety of fac- Federal expenditures over what we increase in highway spending already tors that will occur over the next 6 were spending as we were completing recommended. On top of that, we have years as to whether a true 91 percent is the very purpose for the Federal high- added an additional almost $29 billion established as the floor. way trust fund, which was the Inter- of highway spending. Madam President, I believe we state Highway System. How have we chosen to distribute missed a major opportunity, if these Third, there is the issue of: Is this a this money? I come from a State new funds were going to be available, fair tax? The Senate has considered which, since the inception of the high- to use them, first, to achieve the goal that issue at great length. We consid- way system, the Interstate Highway of equity, which was established as a ered it in 1993 when the tax was im- System in 1957, has been a donor State; principal objective, and then to use the posed as part of the deficit reduction that is, we have contributed more each balance for those things that we con- program. This tax was not passed to year into the fund than we have re- sidered to be of a national priority. add to the spending on the transpor- ceived back from the fund. This was to So, with that history, I conclude that tation system. Rather it was to reduce be the year in which we would make a the best course of action for the addi- the Federal deficit. major breakthrough in terms of equity tional funds which were adopted in 1993 In 1996, recognizing that fact and rec- in the distribution of funds. as a deficit reduction measure, not a ognizing that we were moving rapidly I will say in commendation to the transportation measure, and which we toward an elimination of the deficit, Senator from Virginia, the Senator have failed to use in the way to maxi- and at a time when there was a spike from Rhode Island, and the Senator mize the achievement of equity, is to in gasoline taxes, our then colleague, from Montana that we have made sub- say the appropriate thing to do is to Senator Bob Dole, offered an amend- stantial progress in ISTEA II in terms follow the advice of our colleagues who ment to repeal the 4.3 cents. On the of that goal of equity. spoke with such eloquence in 1993 and 14th of May of 1996, we had a vote on a Mr. WARNER. Madam President, if 1996 and terminate this tax at the Fed- cloture motion to close down debate the Senator will yield, I wish to credit eral level. March 11, 1998 CONGRESSIONAL RECORD — SENATE S1749 Let us give our citizens tax relief. It that group that was the foundation constituents. I think this is a symptom would represent tax relief of approxi- group of the legislation that we now of Potomac fever. We oppose a tax in- mately $6 billion a year to the Amer- are considering here in the Senate. crease, especially when it is the agenda ican motorist by repealing this tax at Eventually that was joined with a of the opposing party, and we go back the Federal level. I would not suggest group under the leadership of the dis- home and we rail against it. But then that the American motorist should im- tinguished Senator from Montana, Mr. too many of our colleagues fail to fol- mediately begin putting those dollars BAUCUS, Stars 2000, and it was that coa- low up their rhetoric with action to re- in their wallets, because we are essen- lition that began to move this legisla- peal the tax. tially releasing that capacity to the tion. I shall always be grateful. Also, Now is our opportunity. Where will States so the States can decide wheth- the Senator from Florida was very Republicans stand? I know a lot of my er they wish to utilize these funds by helpful, drawing on his experience as Democratic colleagues will continue to levying part or all of this as a State Governor, in streamlining this proce- support the tax. They are not about to gasoline tax, therefore using those dure so the various highway projects, vote for this repeal, except for certain funds to meet needs which people in once authorized, funds appropriated enlightened Democrats such as the the States and communities of Amer- through the States, were started, and Senator who has just spoken. But ica identify to be of the greatest prior- you could expedite the Federal High- where will my Republican colleagues ity. way Administration and the like to get stand, those who opposed the gas tax when it was put into effect, who argued I believe that is in the spirit of this them done on time. new Congress and its emphasis on plac- We shall always remember with great against it, who voted against it, and ing authority and responsibility as respect the contributions of the distin- now have an opportunity to repeal it? Ah, but now they have an opportunity close to the people as possible. I believe guished Senator from Florida. I point to divide up the money. The longer you we can say that we are able to meet out both Senators from Florida. I no- are here, the more accustomed you get our national transportation respon- tice that under ISTEA I, since 1991, you to spending American taxpayer dollars. sibilities with approximately an addi- received 81 cents on the dollar. Under After all, you get to go home and show tional $23 billion above what we are this bill before the Senate, Florida will the folks what a wonderful, magnani- spending in the current transportation receive a 52 percent increase, approxi- mous, generous person you are by giv- bill without having to utilize this 4.3 mately. That is quite an achievement ing them back some of their money. cents. which the two Senators from Florida As the good Senator from Virginia I believe that we would come closer have made. just said, States like Arizona and Flor- to our goal of equity by allowing the I yield the floor. ida got increases in their percentage in States, unencumbered by all of the The PRESIDING OFFICER. The Sen- this bill. Yes, that is true. When you Federal constraints and regulatory re- ator from Florida. start from a very low percentage and quirements and the sheer expense of Mr. MACK. I yield 10 minutes to my you get a good increase in the total shipping people’s money from Maine to distinguished colleague from Arizona. dollars, it represents a big increase per- The PRESIDING OFFICER. The Sen- Washington and then back to Maine— centage-wise. But, like my colleagues let it stay in Maine and not be sub- ator from Arizona. from Florida, I represent a State, Ari- Mr. KYL. Madam President, I thank jected to any of the transactional costs zona, which is still a donor State. the Senator from Florida for yielding of coming through Washington. Let the Something mysterious happens. Arizo- to me and for sponsoring this amend- people of Florida, let the people of nans send a dollar to Washington in North Dakota, California, West Vir- ment, which I am proud to cosponsor, gas taxes and Federal highway taxes ginia, Virginia, Montana, and every and heartily urge my colleagues to sup- and we get 89 cents back. Something other State decide what they want to port, and I also thank the other Sen- happens to the other 11 cents. do with the 4.3 cents if they choose to ator from Florida, who has just made Here in Washington, DC, it’s not so levy it for their transportation needs. an eloquent argument in favor of this bad. The round trip actually earns So I commend my colleague for his amendment as well. them $2 on the $1 they send. Maybe tenacity in raising this opportunity to Madam President, there are three that is because they do not send it so provide tax relief, enhance federalism, primary points I would like to make in far. We have colleagues from other and to truly recognize that we have support of the Mack amendment. First States, I will not mention them, but celebrated the victory of completion of of all, this represents the first oppor- some colleagues are here representing the Interstate System, that we are in a tunity that we have had to repeal a constituents who send $1 and they get new era, and that we should recognize portion of the 1993 tax increase that $2 back, or more than $2 back, and they and act as if we are in that new era. virtually every Republican—maybe ask us to be grateful for the fact that Thank you, Madam President. every Republican; I will have to go we get 90 cents instead of 89 cents, ‘‘We Several Senators addressed the back and look to be sure—voted gave you an increase.’’ Madam Presi- Chair. against. I was a Member of the House dent, it is not fair. That is the second The PRESIDING OFFICER. Who at the time and I recall that after the reason I suggest we repeal this 4.3-cent yields time? so-called Clinton tax increase of 1993 gas tax. Mr. WARNER. Madam President, I there was a great uprising in the State We have a policy now in the Congress will take about 2 minutes, and then I of Arizona, especially over the 4.3-cent called devolution. It’s a fancy word for will yield the floor. gas tax increase that was a part of ‘‘let’s give the power back to the First, I say to our distinguished col- that. I introduced a bill immediately States and the local government and to league from Florida that, while we, to repeal that 4.3-cent gas tax increase. the people.’’ The Federal Government first, disagree on this issue, he, indeed, I remember a radio station asked me has gotten too big and too powerful. has been a partner. He is a very valued to go to a service station and talk to One way we could do that is by repeal- member of the Environment and Public people who came by to gas up their ing this 4.3-cent gas tax. My colleagues Works Committee. He has been in the cars and trucks. I was amazed at the who want to spend the money on high- forefront of this legislation beginning reaction of the people as they drove up ways, all they have to do is go back to back in 1991 when there was a recogni- and heard about this increase in the their State legislatures and say, Folks, tion that the donor States were simply gas tax. They were irate. They were we just repealed the 4.3-cent Federal not getting an equitable allocation. very supportive of my effort to get it tax. If you want to tax the people of Under his leadership, we put together repealed which has, up to now, been un- Montana, Virginia, New York, what- step 21, which was the coalition of the successful. Perhaps with the sponsor- ever, 4.3 cents, they will never notice various highway officials in the several ship of the Senator from Florida, now the difference at the gas pump. They States that were donor States who it will be successful. will be paying exactly the same for a worked for years on procedures by But I must say that Republicans who gallon of gas today as yesterday and which to correct the inequities that voted against that tax increase in 1993 tomorrow. Then we can spend the 4.3 were placed on the donor States in 1991. but who vote against its repeal today cents in Montana or New York or Vir- We should always remember, it was have some answering to do to their ginia or whatever the State is. S1750 CONGRESSIONAL RECORD — SENATE March 11, 1998 Actually, a lot of us would be better of time at the conclusion of the com- Every one of our contractors is going off because we do not lose any of that ments of Senator NICKLES. to be delighted with this bill. They money as it makes the trip to Washing- Mr. WARNER. Madam President, I have been knocking on my door: Please ton and then comes back. If my State thank the distinguished Senator—at pass this bill. They maybe don’t get in- of Arizona wanted to immediately put which time, speaking on behalf of the volved in should we be donors or should on a 4.3-cent State gas tax, the State of opposition, I shall yield back the time, we not. My thought, though, is this tax Arizona would come out very well. We make the appropriate budget state- really should belong to the States. I do would get to spend that money on our ment, and then the Senator will be rec- read the Constitution. The Constitu- Arizona roads, and maybe the State ognized for the procedure he will follow tion and the 10 amendments say all the legislature would do that, but I would thereafter. rights and powers are reserved to the rather have them decide that rather Mr. MACK. I am of the opinion we States and to the people. Shouldn’t we than have people here in Washington will not have any more speakers, but I allow the States to have the preroga- decide that we are going to retain this will reserve that judgment until that tive to have a gasoline tax and spend it tax with the result that my State gets time arrives. the way they want? Then we don’t have back about 89 cents or 90 cents. So that I yield 10 minutes to the distin- to fight and beg and plead and say, is the second reason. It is the right guished Senator from Oklahoma. ‘‘Hey, wait, I want 90 cents of my dol- The PRESIDING OFFICER. The Sen- thing to do in terms of returning the lar back.’’ If I do really good, I will get ator from Oklahoma. power back to the people at the lower Mr. NICKLES. Madam President, I 90 cents on the dollar back. You lose 10 levels of government so they can de- compliment my colleagues from Flor- percent off the top. Not all States lose cide for themselves how much tax they ida for this amendment. I wish to be 10 percent; some States do better than want to impose upon themselves. made a cosponsor of this amendment other States. I guess that is the way it The third reason is that America is and ask unanimous consent to be made is always going to be when you have a already an overtaxed nation. This last a cosponsor. national program. year the taxes, the total tax burden has The PRESIDING OFFICER. Without Our State does not qualify as a dense now gone up well over 38 percent. It is objection, it is so ordered. State. That applies to some big States. the highest level since 1945: $6,047 for Mr. NICKLES. Madam President, I There is a dense State formula in here every man, woman, and child in the also compliment my colleague, Senator that helps some States. Our State country. That is over $27,000 for a fam- WARNER from Virginia, for his leader- doesn’t qualify for the Appalachian Re- ily of four. We are an overtaxed nation. ship on this. Senator BAUCUS, Senator gional Commission. I know some We do not need this money. We are now GRAHAM, Senator BYRD, Senator States do. There is a bonus provision. in a budget surplus situation. This tax CHAFEE—a lot of people—worked a long Maybe we do—no, we didn’t qualify for increase was designed to reduce the time on this bill. I hope we can finish that. We get a little something. deficit. The deficit has been reduced this bill today. If not today, certainly My point being you have to beg, ca- and our surplus is going to be, I sug- this week. This is an important piece jole, and plead. Maybe you come up gest, at least as much as the money of legislation. with 90 cents, but that is 90 cents on 90 that would be lost as a result of the im- The reason why I cosponsored the cents. My math is not always accurate, position of this tax. In any event, it amendment of my colleague from Flor- but sometimes it’s fast, and 90 percent has been paid for in the sense that obli- ida, Senator MACK, is because I happen of 90 percent is about 81 cents. I have gations of Government have been re- to think he is right. I know a lot of seen one chart that says we will come duced correspondingly so it has a neu- work has been going into allocations. out with about 82 cents, maybe 83 tral budget effect. The Senators managing this bill have cents. The point being, you send $1 to Madam President, I think, since this been bending over backwards to be fair Washington, DC, and in return you lose is a tax that affects every American to every Senator. I think they have maybe 17, 18 percent before it gets back equally, its repeal would not be for the been doing the best job they can and I to the State. wealthy. It would have just as much of compliment them on their work. But I Then, as Senator MACK mentioned, an effect on the wealthy or the poor or happen to think Senator MACK is right. when it comes back, there are a lot of the modest-income or whatever. It Should the gasoline tax be a preroga- strings. It’s not quite as simple as, would be a very fair way to return tive of the State or the Federal Gov- ‘‘Here, States, you get your money some of the hard-working American ernment? Should we all as colleagues back. You can have the 82 cents or 90 families’ money to them so they could have to bend and beg and plead? I do cents or whatever and you can spend it decide themselves how to spend it. I not really like doing that. I don’t like as you wish.’’ That is not the case. urge support for the Mack amendment asking for money in appropriations. I There are lots of strings. You have lit- to repeal the 4.3-cent Federal gas tax, have done it on occasion. Senator BYRD tle requirements like you have to meet because, first of all, it is unnecessary, has accommodated me on occasion Davis-Bacon. You have to meet a lot of second, because it is unfair; third, be- when he was chairman of the Appro- other requirements, Federal highway cause it is contradictory to our policy priations Committee. Sometimes Sen- standards and so on. Guess what. A lot to return power to the States and the ator STEVENS has. I appreciate that. of these roads are not Federal highway people, and fourth, because it adds an But I really do not enjoy that nor do I roads or they are not part of the inter- unnecessary tax burden to the already enjoy, when we have a highway bill, state system. The interstate system is, overtaxed families of America. saying, ‘‘Oh, please, we need more by and large, complete. It needs a lot of I urge my colleagues to support the money. We are not doing very well in maintenance, I guess, but certainly Mack amendment. this bill. We are not doing as well as I that could be maintained without this The PRESIDING OFFICER. The Sen- hoped.’’ 4.3 cents per gallon. ator from Florida is recognized. We happen to be a donor State. I In my State of Oklahoma, the legis- Mr. MACK. Madam President, I know Virginia has been. I know Florida lature has already passed legislation, would like to inquire as to the amount has. I know a lot of States have. We already the law of the land. If the Fed- of time remaining? don’t like it. We don’t like sending a eral Government does not extend the The PRESIDING OFFICER. The Sen- dollar to Washington, DC, and getting 4.3 cents, or if we repeal it, that tax in- ator from Florida has 20 minutes 42 80 cents back in return. Unfortunately, crease goes on automatically for our seconds. that has happened year after year after State. So there will not be any loss of Mr. MACK. And those opposed? year. We are talking about a lot more income. The State is going to pick it The PRESIDING OFFICER. They money. up. Our State is going to be a lot better have 38 minutes 38 seconds. I heard on the floor discussions: Sen- off. Mr. MACK. I would inform the Sen- ator WARNER is going to get 50 percent Every once in a while you do vote ate, to my knowledge, we have only more, 52 percent. So is Oklahoma. It’s your State interest around here, and one more speaker. Should there be no a lot more money compared to the last my State interest is, let’s repeal that speakers on the other side, I will be 6 years, a lot more money to our 4.3 cents and we are going to get 100 prepared to yield back the remainder States. percent of the money, not 90 cents, not March 11, 1998 CONGRESSIONAL RECORD — SENATE S1751 82 cents, we are going to get 100 per- they will have that option to do so as Mr. STEVENS. Madam President, I cent of the money. And we don’t get well. am constrained to come here in two the Federal strings, and the Governor With that, I urge my colleagues to roles. One is as chairman of the Appro- and the legislature can decide how they vote in favor of the Mack amendment. priations Committee. And I am certain want to spend it. They don’t have to I yield the floor. everyone will understand that problem. spend it on this type of road—primary Mr. WARNER addressed the Chair. This is, obviously, a situation in which road, secondary road. They have all the The PRESIDING OFFICER. The Sen- we negotiated a very tightly wrapped flexibility they want because it’s ator from Virginia. package, and it will eventually come to theirs. They have all the authority. Mr. WARNER. Madam President, I our committee. The distinguished Sen- They don’t have to worry about the dif- know how my distinguished leader ator from West Virginia and I will allo- ferences. Hey, wait a minute, budget wants to be accurate. In the course of cate money under it. authority/budget outlays, this is not his remarks, there might have been the The real difficulty I see with the easy. And we are going to allocate 100 inference, in support of the Mack amendment of the Senator from Flor- percent of this money for contract au- amendment, that all the money would ida is, having reached an agreement of thority, but the outlays won’t hit for a go back to the States, but, in fact, as what to do with the 4.3 cents of the tax number of years. We don’t have to you well understand, 14 and a fraction revenue, now that we have transferred worry about that. If we repeal this, the cents still go to the highway fund. it to the highway trust fund, it would States are going to have 100 percent of Mr. NICKLES. That is true. be repealed. I just cannot understand the money and they can let the con- Mr. WARNER. We are really talking an attempt to do that at this time, I tracts and they can make the decisions about 4.3. say respectfully to my friend. and, frankly, I think some of us should Mr. NICKLES. Yes, 4.3. I do understand people who are in- have some more confidence in our Mr. WARNER. Madam President, I sisting that the donor States ought to States. So I rise in support of this am prepared to make the following be totally recognized to get 100 percent amendment. statement to the Senate: of their money back, and this obvi- I opposed the 1993 tax increase that The amendment offered by the Sen- ously would be one way to do that. was passed by President Clinton at ator from Florida, Mr. MACK, repeals I am here in the second role as a Sen- that time. It didn’t have a Republican 4.3 cents of the Federal gasoline tax. ator from the largest State in the vote, as I recall. I thought that was a This amendment will result in a loss of Union, 20 percent of the landmass in mistake. That was a 4.3-cent-per-gallon Federal revenues of nearly $6 billion the United States. I repeat for the Sen- gasoline tax increase that went into for the first year and $30 billion over 5 ate, we have a thousand miles more of the general revenue. It did not go to years. The loss of revenue will cause a roads now than when we became a highways. A lot of us said we thought breach of the revenue floor established State almost 40 years ago. We are com- that was a mistake. At least in this in the budget resolution. Therefore, I pletely locked out of this highway pro- bill, and I compliment the sponsors, at raise a point of order under section gram. least we are going to rectify that. 311(a)(2)(B) of the Congressional Budget I wonder what Dwight D. Eisenhower, Under this bill, assuming the amend- Act of 1974 against the pending amend- the person I consider to be one of the ment of Senator MACK and myself does ment. greatest leaders of the 20th century, not pass, this money at least will be The PRESIDING OFFICER. All time would feel about the concept that roads spent for highways. I think that is a has to be yielded back on the amend- would only be built by those people giant step in the right direction. I com- ment before the point of order may be who lived within the State. The na- pliment the sponsors, and particularly made. tional concept of highways was, in fact, Senator GRAHAM and Senator BYRD, Mr. WARNER. I understand. I am the Eisenhower dream, and it has been who were very persistent—I started to prepared to do that at such time as we fulfilled in the Interstate Highway Sys- say stubborn in their efforts. Because yield back the time. I thought I stated tem, but the difficulty is it does not that helped make that happen. That that. reach our State. doesn’t mean our budget problems are The PRESIDING OFFICER. The Furthermore, this concept that peo- over. We are going to have some chal- Chair will so acknowledge. ple who drove from Florida to Alaska lenging times to stay within the caps Mr. WARNER. I thank you. would suddenly stop at the border and on the budget, but we will wrestle with Mr. MACK addressed the Chair. be told, ‘‘Sorry, we don’t have tax reve- that. Hopefully, we will stay on the The PRESIDING OFFICER. The Sen- nues, so we can’t build you any roads,’’ caps in the budget and will still be able ator from Florida. or you drove to Seattle and went to the to put 100 percent of the moneys com- Mr. WARNER. Does the Senator dock where we currently maintain the ing in into the highway program and yield back his time? ferries for citizens of the United States the gasoline tax will stay in the high- Mr. MACK. I suggest the absence of a and others to come to Alaska by Alas- way program. quorum. kan-owned and operated ferries—you I think the better fix would be the fix The PRESIDING OFFICER. The would find out they wouldn’t be there that Senator MACK is proposing, and clerk will call the roll. any longer. that is, let’s allow the States to have The assistant legislative clerk pro- The concept of highways in this this tax and let’s give the States the ceeded to call the roll. country has always been a national option. Mr. STEVENS. Madam President, I concept, and I have always thought, as My guess is a strong majority of the ask unanimous consent that the order I paid my gasoline taxes as I drove States would continue the tax, because for the quorum call be rescinded. across the country—and I have driven all States have very significant needs The PRESIDING OFFICER. Without across the country and up to my State and demands on their highways for objection, it is so ordered. many times—as we drive even into our safety, for maintenance, for upgrades. Mr. STEVENS. Who controls the neighboring country of Canada, we pay Certainly my State does, and I know time? a Canadian gasoline tax. It never en- that is the action our State would The PRESIDING OFFICER. Who tered my mind that the Canadians take. yields time? somehow would think I was a Canadian So I believe the best solution would Mr. WARNER. I control the time in citizen paying taxes in Canada. be the solution proposed by my col- opposition. We will accommodate the Nor do I think that all the people leagues from Florida, and that would Senator. Are his remarks generic to who travel on the roads in Florida or be to give the States the option. Let’s the bill? any of the rest of these roads around repeal the 4.3-cent tax. I think it was a Mr. STEVENS. They are on this the country are necessarily residents of mistake in 1993; I still think it is a mis- amendment. I am in opposition to it. that State. The States collect the take in 1998. Let’s allow that money to Mr. WARNER. I yield such time as taxes, but they certainly have no right go back to the States, and if the States the Senator may use. to collect the taxes from people from want to enact it, they can, or if they The PRESIDING OFFICER. The Sen- outside their State who are traveling want to return it to the taxpayers, ator from Alaska is recognized. through that State to come to mine. S1752 CONGRESSIONAL RECORD — SENATE March 11, 1998 The idea of repealing this gas tax at was in favor of repealing the gas tax Harkin Lautenberg Rockefeller Hatch Leahy Roth this time is just completely abhorrent when the interstate system was com- Helms Lieberman Santorum to this Senator’s way of thinking. But pleted. So I think if he had the oppor- Hollings Lott Sarbanes beyond that, I am here, once again, to tunity, we would know where he stood Hutchinson McConnell Smith (OR) say to the sponsor of this amendment, on this issue. Inouye Mikulski Snowe Jeffords Moseley-Braun Specter the amendment is unfair, basically, to In respect to the comments made Johnson Moynihan Stevens the States that do not have the high- about Florida and Alaska and oil and Kempthorne Murkowski Thomas ways totally constructed yet. so forth, I remind my colleagues, I am Kennedy Murray Torricelli This is a bill to improve existing Kerrey Reed Warner talking about 4.3 cents of the gasoline Kerry Reid Wellstone highways, not to continue the idea of tax. That is point 1. Kohl Robb Wyden making sure that there are highways Point 2, we have supported the inter- Landrieu Roberts in this country to reach every portion state system for 41 years, and there NOT VOTING—2 of this great continent that Americans will be sufficient funds to, in fact, Sessions Shelby who travel with their families, travel maintain the interstate system after in RVs, travel in their personal auto- the repeal of the 4.3 cents. The PRESIDING OFFICER. On this mobiles want to go. I just can’t believe I just could not let those comments vote the yeas are 18, the nays are 80. we are going to abandon the concept go without responding. Three-fifths of the Senators duly cho- that there is one national system of At this point, I am prepared to yield sen and sworn not having voted in the highways. And if there is a national back the remainder of my time. affirmative, the motion is rejected, the system of highways, some of this high- Mr. WARNER. Madam President, at point of order is sustained, and the way money has to trickle into Alaska. this time I yield back the time in oppo- amendment fails. Somehow or another, we have to find sition and restate, which has been put Mr. CHAFEE. Mr. President, we have some way—I see the Senator from in the RECORD twice, the budget point a couple of quick colloquies and then it Oklahoma smiling. I wonder what of order. is my understanding that the Senator would have happened if I just returned The PRESIDING OFFICER. All time from Arizona has an amendment which from Philadelphia, and suppose we put has been yielded back. he wishes to present. So let’s proceed in the Constitution that there would be Mr. BAUCUS. I ask the Senator from with these colloquies. Then when the no money spent coming from the origi- Virginia when he expects this vote to Senator from Arizona completes his nal 13 States beyond the confines of the occur. amendment, which I understood was 13 States. That is what you are say- Mr. WARNER. Now. going to be something like 10 minutes ing—you cannot spend money beyond Mr. BAUCUS. I say to the Senator, equally divided, I understand he was our State if it was taken into the that’s fine. going to ask for a rollcall vote, but I Treasury through our State. Mr. MACK addressed the Chair. don’t see the Senator here. Again, I say to the Senate advisably, The PRESIDING OFFICER. The Sen- Meanwhile, the Senator from Colo- we send 25 percent of the oil of the ator from Florida. rado has a colloquy. United States to the United States, to MOTION TO WAIVE THE BUDGET ACT AMENDMENT NO. 1328 what we call the ‘‘south 48,’’ every Mr. MACK. Madam President, I move Mr. ALLARD. I want to thank the day—every day. It is the oil that is chairman for yielding, and I will en- used to produce the gasoline that your to waive the Budget Act for consider- ation of my amendment and ask for the gage the chairman and the ranking States tax. The taxes are derived from member in a brief colloquy, if I may. that oil. They do not come back to our yeas and nays. I had an amendment, 1328, filed and State. The PRESIDING OFFICER. Is there a was prepared to offer it for a vote. The How about we put in a provision that sufficient second? amendment would have added particu- says 100 percent of the revenue of the There is a sufficient second. late matter and ozone as an equally United States from the development of The yeas and nays were ordered. weighted factor for funding from the any resource in any State comes back The PRESIDING OFFICER. The Congestion Mitigation Air Quality Pro- to that State? Would that be agree- question is on agreeing to the motion gram (CMAQ). able? Would the Senator from Florida to waive the Budget Act in relation to like to see that? We have the store the Mack amendment No. 1906. The My concern is that Colorado has house of the United States as far as re- yeas and nays have been ordered. The problems from PM–10 in the Denver sources are concerned. We would be clerk will call the roll. Metro Area that are transportation re- able to build roads then, Madam Presi- The assistant legislative clerk called lated that could be lessened from inclu- dent. the roll. sion in the CMAQ program. My under- As long as we base this concept that Mr. NICKLES. I announce that the standing is that high altitude states the money has to go back to the very Senator from Alabama (Mr. SESSIONS) may have a problem with respect to State in which it was collected from and the Senator from Alabama (Mr. this pollutant that low altitude states any citizen of the United States travel- SHELBY) are necessarily absent. may not have. As the chairman and the ing through the United States, no mat- The yeas and nays resulted—yeas 18, ranking member of the Environment ter where they are from, it goes back nays 80, as follows: and Public Works Committee both to the State that collected the money, [Rollcall Vote No. 26 Leg.] know, my amendment would have an then we won’t have a National High- YEAS—18 impact not only on the CMAQ program, but on the formula as a whole. way System. Abraham Gregg Mack I am against this concept of repeal- Ashcroft Hutchison McCain Out of respect to the hours of work ing this tax. I hope that the Senate Brownback Inhofe Nickles put in by the Senator CHAFEE, WARNER, Coats Kyl Smith (NH) and BAUCUS, I’m not going to offer the will find that the point of order is well Coverdell Levin Thompson taken. I congratulate the Senator from Graham Lugar Thurmond amendment. However, H.R. 2400 which was reported out of the Transportation Virginia for making it. NAYS—80 Mr. MACK addressed the Chair. and Infrastructure Committee in the Akaka Campbell Durbin House of Representatives does make al- The PRESIDING OFFICER. The Sen- Allard Chafee Enzi ator from Florida is recognized. Baucus Cleland Faircloth lowances for funding PM–10 in CMAQ. Mr. MACK. Madam President, before Bennett Cochran Feingold It’s my hope that the leadership of I yield back the remainder of my time Biden Collins Feinstein the EPW Committee would find a way Bingaman Conrad Ford and ask for a waiver of the Budget Act, Bond Craig Frist to help areas like Colorado deal with I cannot help but respond to my de- Boxer D’Amato Glenn their unique problems with respect to lightful colleague from Alaska. Breaux Daschle Gorton PM and carbon monoxide in conference First of all, with respect to Eisen- Bryan DeWine Gramm and I will provide any assistance nec- Bumpers Dodd Grams hower, if you go back and read the Burns Domenici Grassley essary in working toward that end. I record, Eisenhower indicated that he Byrd Dorgan Hagel will not be offering that amendment March 11, 1998 CONGRESSIONAL RECORD — SENATE S1753 with the assurances that you will con- AMENDMENT NO. 1968 TO AMENDMENT NO. 1963 Mr. President, let me just take a mo- tinue to work with me. (Purpose: To prohibit extension of ment and try to explain why we have Mr. CHAFEE. I say to the Senator inequitable ethanol subsidies) such generous ethanol subsidies in law from Colorado that we are happy to Mr. MCCAIN. I have an amendment today. The rationale for ethanol sub- pledge to him that we will strive in our at the desk and I ask for its immediate sidies has changed over the years, but work during the conference with the consideration. unfortunately, ethanol has never lived House to address the issue the Senator The PRESIDING OFFICER. The up to the claims of any of its diverse has raised. The House bill includes the clerk will report. proponents. provision he would have offered, so the The legislative clerk read as follows: In the late 1970s, during the energy issue will be in conference. The PM fac- The Senator from Arizona [Mr. MCCAIN] crisis, ethanol was supposed to help the tor will be considered. proposes an amendment numbered 1968. U.S. lessen its reliance on oil. But eth- The Senator from Colorado has Mr. MCCAIN. Mr. President, I ask anol use never took off, even when gas- raised a very good point. In some west- unanimous consent reading of the oline prices were highest and lines were ern cities transportation emissions are amendment be dispensed with. longest. a principal source of fine particulates The PRESIDING OFFICER. Without Then, in the early 1980s, ethanol sub- in the air. EPA has recently issued new objection, it is so ordered. sidies were used to prop up America’s standards for particulate matter that The amendment is as follows: struggling corn farmers. Unfortu- may require these cities to adopt At the end of the amendment, add the fol- nately, the usual ‘‘trickle down’’ effect transportation strategies to reach at- lowing new section: of agricultural subsidies is clearly evi- tainment. The CMAQ program in this ‘‘SEC. X008. Notwithstanding any other dent. Beef and dairy farmers, for exam- highway bill is intended to help cities provision of law, existing provisions in the ple, have to pay a higher price for feed solve their transportation-related air Internal Revenue Code of 1986 relating to corn, which is then passed on in the quality problems. So I am happy to ethanol fuels may not be extended beyond form of higher prices for meat and pledge to the Senator from Colorado the periods specified in the Code, as in effect prior to the date of enactment of this Act.’’ milk. The average consumer ends up that we will strive in our work during paying the cost of ethanol subsidies in the conference with the House to ad- Mr. MCCAIN. Mr. President, I say to the grocery store. dress the issue he has raised. The the Senator from Rhode Island, the dis- By the late 1980s, ethanol became the House bill includes the provision he tinguished managers, I will take about environmentally correct alternative would have offered, so the issue will be 5 minutes and then I will have no more fuel. Unfortunately, the Department of in the conference and the PM factor debate. This issue is very well known. Energy has provided statistics showing could be included in the final formula I do not like to impede the progress of that it takes more energy to produce a for CMAQ funding. I want to stress the Senate. While I am speaking, per- gallon of ethanol than the amount of though that we should only move in haps the Senator from Iowa will agree energy that gallon of ethanol contains. that direction where the particulate to that time agreement. I want to let In addition, the Congressional Re- pollution problem is caused by trans- him know I am agreeable to any time search Service, the Congressional portation as opposed to stationary agreement. Budget Office, and the Department of sources such as power plants. Mr. President, the amendment pre- Energy all acknowledge that the envi- Mr. BAUCUS. Mr. President, I sup- vents an extension of inequitable Gov- ronmental benefits of ethanol use, at plement what the chairman of the com- ernment subsidies for the ethanol in- least in terms of smog reduction, are mittee said. This has been a matter dustry that would cost the American yet unproven. with the Senator from Colorado and is taxpayers $3.8 billion. In addition, ethanol is an inefficient, a matter that relates to CMAQ fund- The amendment is simple. It negates expensive fuel. Just look at the 3- to 5- ing. I can assure the Senator from Col- the effect of the Finance Committee cent-per-gallon increase in gasoline orado that, as I think the Senator from amendment, which is No. 1759, to the prices during the winter months in the Rhode Island said, we will work with ISTEA legislation, which would extend Washington, D.C. area when ethanol is the Senator, work it out in conference, for an additional 7 years the tax credits required to be added to the fuel. and try to come up with a solution that for ethanol and methanol producers. Finally, let me quote Stephen Moore, is workable and agreeable with the The value of these ethanol subsidies is of the CATO Institute, who puts it very Senator from Colorado. estimated by the Congressional Budget succinctly in a recent paper: Mr. ALLARD. I thank both the chair- Office at $3.8 billion in lost revenue. Enough is enough. The American tax- . . . [V]irtually every independent assess- man and ranking member for their ment—by the U.S. Department of Agri- willingness to work with me on this payers have subsidized the ethanol in- culture, the General Accounting Office, the very important issue. dustry, with guaranteed loans and tax Congressional Budget Office, NBC News and I yield back the remainder of my credits for more than 20 years. Since several academic journals—has concluded time. 1980, government subsidies for ethanol that ethanol subsidies have been a costly Mr. CHAFEE. I thank the Senator have totaled more than $10 billion. The boondoggle with almost no public benefit. from Colorado for being able to work Finance Committee amendment to So why do we continue to subsidize this out. He has been very patient and ISTEA, if not stricken, would give an- the ethanol industry? I think James very helpful as we have tried to reach other $3.8 billion in tax breaks to etha- Bovard of the CATO Institute put it conclusion on this matter, something nol producers. best in a 1995 policy paper: he cares deeply about. We will do in the Current law provides tax credits for .. . [O]ne would be hard-pressed to find an- conference exactly as I said and make ethanol producers which are estimated other industry as artificially sustained as an honest effort. to cost the Treasury $770 million a year the ethanol industry. The economics of etha- Now, Mr. President, the Senator from in lost revenue, and the Congressional nol are such that, for the industry to survive Arizona has an amendment, but that Research Service estimates that loss at all, massive trade protection, tax loop- amendment, it is my understanding, may increase to $1 billion by the year holes, contrived mandates for use, and pro- 2000. These huge tax credits effectively duction subsidies are vitally necessary. Only was going to be opposed by the Senator by spooking the public with bogeymen such from Iowa. I don’t see him here. In fair- increase the tax burden on other busi- as foreign oil sheiks, toxic air pollution, and ness to him—— nesses and individual taxpayers. the threatened disappearance of the Amer- Mr. MCCAIN. Perhaps I could take a The current tax subsidies for ethanol ican farmer can attention be deflected from few minutes in describing it and by are scheduled to expire at the end of the real costs of the ethanol house of cards that time the Senator from Iowa would 2000. This amendment does not change that consumes over a billion dollars annu- be here. current law; it allows the existing gen- ally. He is rather familiar with the issue, erous subsidies do continue until the Mr. President, last year, when the as the Senator knows. turn of the century. The amendment Congress was considering the Taxpayer Mr. CHAFEE. He certainly is. Why merely ensures that the subsidies do Relief Act, the House Ways and Means don’t you go ahead, and we will try to expire and are not extended for another Committee took a bold step and in- round up the Senator from Iowa. 7 years. cluded in its version of the bill a phase- S1754 CONGRESSIONAL RECORD — SENATE March 11, 1998 out of ethanol subsidies. In the report Congress to end its commitment to nol program extension, and urge that accompanying the bill, the House Com- ethanol. you join us again in defending one of mittee stated: These lawmakers drew their daggers our Nations’s bright spots in our long [Ethanol tax subsidies] were assumed to be in professed horror, charging that fed- battle to reduce our dependence upon temporary measures that would allow these eral support for ethanol was some sort foreign energy. fuels to become economical without perma- of ‘‘deficit buster,’’ or a conspiracy of I want to thank Chairman ROTH for nent Federal subsidies. Nearly 20 years have ‘‘corporate welfare.’’ honoring the request from Senator passed since that enactment, and neither the While I know that in recent years, LOTT, Senator MOSELEY-BRAUN, and me projected prices of oil nor the ability of etha- this mantra has become popular and to include in the highway bill the same nol to be a viable fuel without Federal sub- sidies has been realized. The Committee de- convenient for some, it falls far short ethanol language that we defended in termined, therefore, that enactment of an of the facts in this instance. that 69–30 vote last year. orderly termination of this Federal subsidy Ethanol, as my colleagues are aware, Mr. President, with increased fre- program is appropriate at this time. is an alcohol-based motor fuel manu- quency, we hear loosely tossed around The Senate Finance Committee took factured from corn. Over fifty facilities the phrase ‘‘corporate welfare.’’ the opposite view, but fortunately, rea- produce ethanol in more than twenty Unfortunately, by failing to establish son prevailed and the conference agree- different states. By the year 2005, 640 and apply a consistent, workable defi- ment on the Taxpayer Relief Bill made million bushels of corn will be used to nition, ‘‘corporate welfare’’ becomes as no change to current law, allowing this produce 1.6 billion gallons of ethanol. worn and arbitrary as the term ‘‘pork needless subsidy program to expire at Ethanol is good for the environment. barrel.’’ Is it ‘‘corporate welfare’’ for an Ari- the turn of the century. Ethanol burns more cleanly than gaso- Mr. President, we should end these line, and, according to the Environ- zona road construction company to subsidies. If ever there was a prime ex- mental Protection Agency, diminishes take a government check to build ample of corporate pork, the unneces- dangerous fossil-based fumes, like car- roads? Clearly, without the government sary, inequitable ethanol subsidy pro- bon monoxide and sulfur, that choke money, it would not be building roads, gram is it. the air of our congested urban areas. so does that make it ‘‘corporate wel- Mr. President, with today’s booming Tankers will not spill ethanol into our oceans, killing wildlife. National fare?’’ economy, it is hard to justify contin- Is it ‘‘corporate welfare’’ for a de- ued government subsidies for programs parks and refuges will not be target for exploratory drilling. When ethanol sup- fense contractor to take a government that have not lived up to expectations check to build aircraft? Clearly, with- after more than two decades of govern- plies run low, you simply grow more corn. out the government money, it would ment assistance. It is even harder when not be building military aircraft. those subsidies are given to an indus- Ethanol strengthens our national se- curity. Ethanol flows not from oil wells If the key factor in identifying cor- try that makes over $30 million a year porate welfare is the receipt of a gov- producing ethanol. in the Middle East, but from grain ele- vators in the Middle West, using Amer- ernment check, then America has a lot Current law terminates ethanol sub- of companies depending upon corporate sidies after the year 2000. This amend- ican farmers, and creating American jobs. With each acre of corn, ten bar- welfare. ment would avoid the $3.8 billion cost But what if the company receives no rels of foreign oil are displaced—up to of extending the ethanol subsidies government check—not one thin dime 70,000 barrels each day. through 2006. I urge my colleagues to from Uncle Sam? oppose changing current law and adopt And for farmers, ethanol creates What if America decides that because my amendment to prohibit extension value-added markets, creating new jobs it has become increasingly and dan- of the ethanol subsidies. and boosting rural economic develop- gerously dependent upon foreign en- Again, Mr. President, I am not with- ment. According to a recent study con- ergy, that we must establish programs out sympathy for the corn producers. I ducted by Northwestern University, and incentives to develop domestic have less sympathy for the large cor- the 1997 demand for ethanol is expected sources of energy and to conserve en- porations that produce it. But the fact to create 195,000 new jobs nationwide. ergy? is that I would be willing to agree to an Ethanol is the fuel of the future—and What if, instead of doling out govern- orderly phaseout of this program. But the future is here. Illinois drivers con- ment checks to specific corporations, for us to just permanently extend a sumer almost five billion gallons of we establish a program to lower the program that has no viable benefit to gasoline, one-third of which is blended taxes of motorists who use gasoline consumer or environment doesn’t make with ethanol. Chicago automotive blended with home-grown ethanol? any sense. plants are assembling a new Ford Tau- That’s exactly how the ethanol pro- Mr. President, how do we go to the rus that runs on 85 percent ethanol. gram works! Not one thin dime from American taxpayer and say, gee, we are More and more gas stations are offer- the government goes to ethanol pro- cutting your taxes, trying to save you ing ethanol as a choice at the pump. ducers such as ADM. We do not pick money, we are trying to have good Isn’t it worth cultivating an industry the winners and losers. Government here, when we have al- that improves the environment and We do not influence, let alone decide ready spent some $10 billion in sub- promotes energy independence? Isn’t it or dictate who makes ethanol or who sidies over the last 20 years? And now the responsibility of Congress to foster doesn’t. we are going to go through a $3.8 bil- an economic climate that creates jobs Ethanol is produced by 35 companies lion cost to the taxpayer as a result of and strengthens domestic industry? with plants in 22 states. Many of these the ISTEA bill. Don’t we have a commitment to rural are farmer owned and operated co- Mr. President, we should not do that. America, and a responsibility for its operatives that support small towns We really should not do it. Again, I economic future? and small businesses. urge my colleague from Iowa, Senator Mr. President, I think the answer to Anybody under the sun in America GRASSLEY, who I respect enormously— these questions is a resounding yes, can produce ethanol, and the fact is, I would be glad to talk about a phase- and that’s why I urge my colleagues to one of the biggest growth areas in eth- out. But a phaseout must take place. oppose this amendment. anol production is coming from co- Mr. President, I ask for the yeas and Mr. GRASSLEY. Mr. President, I operatives. nays. urge my Senate colleagues to vote But no matter who makes ethanol, The PRESIDING OFFICER. Is there a against the anti-ethanol tax hike they will get absolutely no government sufficient second? amendment offered by Senator MCCAIN. funds from the ethanol program that There is a sufficient second. The good Senator from Arizona took my colleague from Arizona seeks to de- The yeas and nays were ordered. us down this road last year, only to be stroy through a tax hike. Ms. MOSELEY-BRAUN. Mr. Presi- turned back by a vote of 69–30. The ethanol program doesn’t even fit dent, several months ago, during the I want to thank the 35 Republicans the criteria outlined by the corporate debate on the Balanced Budget Act of and 34 Democrats who joined in defend- subsidy reform bill introduced by Sen- 1997, some of my colleagues called upon ing the Grassley/Moseley-Braun etha- ator MCCAIN. March 11, 1998 CONGRESSIONAL RECORD — SENATE S1755 One key test under his bill is whether tariffs with the argument that we faced pelled to devote 20 percent of our mili- or not government spending benefits a national security crisis because we tary resources to the Persian Gulf in the public, as opposed to a narrow were importing a mere 10 percent of the first place. group of corporations. Numerous stud- our oil. Would it not make more sense to let ies have demonstrated that ethanol in- Today, our national security crisis is the market place take over by requir- centives provide tremendous economic, far more severe—we depend upon for- ing someone other than the taxpayer energy, and environmental benefits to eign energy for over 50 percent of our to pay for this military escort service? the public. needs. I believe it’s about 54 percent Wouldn’t this put Oklahoma and Those who oppose the ethanol pro- today. Texas producers back in business? gram are not trying to eliminate a sub- In 1995, the administration reported, And to cap it all off, think of this: sidy; they are attempting to impose a and I quote: Most of this subsidized Persian Gulf oil tax increase upon America’s motorists. Growing import dependence increases U.S. goes not to the United States, but to And we all know that the power to vulnerability to a supply disruption because our economic competitors in Europe tax is the power to destroy, and that is non-OPEC sources lack surge production ca- and Japan! So here we are, subsidizing just exactly what will happen if the pacity . . . petroleum imports threaten to the energy of our foreign manufactur- impair national security. ing competitors so that they can better anti-ethanol forces win. undercut American manufacturers. Ask the Society of Independent Gaso- Now, Mr. President, what I am about to share, will shed light, not only upon I’m not sure what we have here: Cor- line Marketers of America what will porate welfare? Foreign aid? Or is it happen. If you deny them the alter- Senator MCCAIN’s concern about our military resources being spread too Foreign corporate welfare? native of ethanol-blended gasoline as a Picking up on John Lehman’s admis- supply option, many will no longer be thin, but also upon the very reason our petroleum imports continue to grow sion that we must devote 20 percent of able to compete with the major oil our military budget to protect Persian companies. Many independents will be and continue to jeopardize our national security. Gulf oil supply lines, it goes without forced out of business by big oil, and saying that we are also talking about gasoline prices will rise. In 1987, Secretary of Navy, John Leh- man, stated that our total cost of pro- the lives of our sons and daughters who And rise indeed: According to recent bravely, and honorably serve in our economic analysis, the termination of tecting the Persian Gulf oil supply lines—forces, training, operations, military. the ethanol program would force mo- And as inflammatory as this may bases and support—amounted to 20 per- torists to pay an extra $3 billion for sound to some, the truth is not one of cent of our total military budget. gasoline! our sons and daughters have ever been That amounted to $40 billion per year The Midwest Governors Conference asked to sacrifice life or limb to defend that taxpayers were being forced to analysis of the ethanol program found the supply lines and production of pay to defend foreign oil. that it provides a 20–1 return on invest- America’s home-grown domestic fuel— By any definition, this $40 billion, ment. It adds $4.5 billion annually to ethanol. gold-plated military escort service is a farm income, it reduces our trade defi- Isn’t that worth something? Isn’t subsidy directly benefiting the major cit by $2 billion, and it generates $4 bil- that worth a mere 5.4 cent exemption oil companies and the Persian Gulf oil lion in increased federal revenues. from highway taxes? producing nations. Does the ethanol program promote Or is your thirst of tax increases too So I ask, isn’t this $40 billion mili- the public interest? Absolutely. great to resist? tary subsidy simply corporate welfare Is the ethanol program ‘‘corporate Are we that blind? Just a few months for an exclusive club of oil companies? welfare?’’ Absolutely not! ago, officials of a Persian Gulf nation And doesn’t the expenditure of 20 per- admitted publicly that they wanted There is not one shread of credibility cent of our military budget to defend to accusations that the ethanol pro- American oil companies to establish oil supply lines partly explain the rea- operations in their country. Why? Be- gram is corporate welfare. son for and suggest solutions to the Unfortunately, many of us have been cause they knew the U.S. military problems detailed in Senator MCCAIN’s caught up with misinformation. Misin- would then most definitely come to the white paper? formation disseminated by big oil’s rescue if that country faced aggressive What would happen if the oil compa- military action from a neighboring massive brain washing-machine, with nies, or even the oil producing nations, it’s hyper spin cycle that fuels the en- country. were required to pay for this $40 billion A few months ago, four of our na- gines of tabloid journalism. per year military escort service? tion’s top national security experts Again, it’s a massive brain-washing- Well, I can hear the oil importers al- wrote to congressional leaders calling machine, with a hyper spin cycle. And ready saying, ‘‘You either pay me now, for increased support for ethanol. you thought I was going to say it was or pay me later. We’ll just pass on the They warned, and I quote: a vast right wing conspiracy. cost to the American consumer with The domestic ethanol industry provides Mr. President, a year or so ago, Sen- high gasoline costs.’’ fuels that reduce imports . . . We implore ator MCCAIN produced a white-paper My answer to that is ‘‘maybe so, but Congress of the United States to continue which analyzed and critiqued our na- let’s take a look at all the trade-offs.’’ and indeed strengthen tax incentives for the tion’s current defense planning as- I ask my colleagues to think about ethanol industry. To do otherwise would threaten America’s sumptions which require us to be pre- this. One analysis concluded that this pared to go it alone simultaneously national and economic security, weaken its $40 billion taxpayer subsidy put the plans to improve the environment and relin- fighting wars in two regions of the real cost of imported Persian Gulf oil quish U.S. world-wide leadership in the world, and do so with a win-win objec- at $140 per barrel, during a time that biofuels area. tive. He concluded that our financial U.S. domestic producers were getting This letter was signed by: General and military resources are stretched about $18 per barrel. Lee Butler USAF (Ret.) Former Com- too thinly to meet the demands of such Is it any wonder that thousands of mander, Strategic Air Command, a defense plan. American independent oil producers Desert Storm; R. James Woolsey, We may not always agree, but Sen- were forced out of business during the Former Director of the CIA; Robert ator MCCAIN rightfully takes a back- 1980’s? McFarland, Former National Security seat to no one in his understanding of Isn’t it just a little ironic that these Advisor to the President; and Admiral military affairs. taxpaying oil producers were being Thomas Moorer USN (Ret.), Former I hope, therefore, he will take to forced to subsidize the very foreign Chairman, Joint Chiefs of Staff. heart my following comments which competition that was running them Mr. President, by using ethanol, touch directly upon stretched military out of business? Americans reduce by 98,000 barrels a resources as well as the question of And, if they were still producing day, the amount of oil and MTBE that corporate welfare. today, would we be so reliant upon for- must be imported. Over 40 years ago, American oil pro- eign oil? But the ethanol program is just one ducers convinced the federal govern- Which, in turn, leads to the question of many government programs imple- ment to impose oil import quotas and of whether or not we would feel so com- mented to reduce our dependence upon S1756 CONGRESSIONAL RECORD — SENATE March 11, 1998 foreign energy. Others include: Mass And I know first hand, that both budget bill by a vote of 69 to 30. The transit subsidies, energy efficiency and President Clinton and Vice President Senate should reaffirm its support for conservation programs, alternative GORE support the ethanol extension be- this program just as resoundingly fuel vehicle incentives, subsidies to cause they both called me at my farm today. help oil and gas producers to develop last year to pledge their support. The only difference between last year advanced technologies for exploration It would be true folly to destroy one and today is that today we are debat- and extraction, programs to promote of the few bright spots in our fight for ing this tax incentive in the context of natural gas use, and the Strategic Pe- energy independence. the transportation bill. In the past, troleum Reserve. Ethanol production has become high- some have raised the specter that this Let’s face it, no single government ly energy efficient. Today, it takes 100 tax incentive could reduce the federal program can eliminate dependence Btu’s to yield 135 Btu’s of ethanol. In investment in our transportation infra- upon foreign oil entirely, but these var- sharp contrast, it takes 100 Btu’s to structure. I would like to dispel that ious initiatives, taken together as a produce 85 Btu’s of gasoline or 55 Btu’s argument once and for all. whole, can help reduce our vulner- of methanol. Last week, Transportation Secretary ability. And ethanol helps reduce every mo- Rodney Slater wrote me that, ‘‘The Ad- I ask my friends from oil and gas bile source pollutant that EPA regu- ministration believes that the ethanol states: lates. It reduces carbon monoxide, tax exemption does not reduce needed Is your problem the farmer and etha- ozone, NOX and toxic emissions. investments in roads, bridges, and nol producer from the middle west? Furthermore, the Department of En- transit. Furthermore, given the cur- Or is it OPEC and the oil sheiks from ergy and the Argonne National Labora- rent balances in the Highway Trust the Middle East? tory recently finished a study entitled, Fund and projected revenues, continu- Isn’t it time we started pulling to- ‘‘Fuel-Cycle Fossil Energy Use and ation of the exemption will not affect gether, instead of pulling apart? Greenhouse Gas Emissions of Fuel Eth- future Federal spending on transpor- Or do you propose giving up and sur- anol Produced from Midwest Corn.’’ tation projects.’’ I ask unanimous con- rendering to the OPEC oil sheiks by This study reported that ethanol use sent that the entire letter from Sec- eliminating all energy and conserva- results in a 50–60 percent reduction in retary Slater be printed in the RECORD. tion programs? fossil energy use and a 35–46 percent re- There being no objection, the letter If so, be prepared to face the termi- duction in greenhouse gas emissions. nation of the 14 cent highway excise was ordered to be printed in the Mr. President, I ask my colleagues to RECORD, as follows: tax exemption for natural gas. join with me and voting against the Be prepared for the termination of SECRETARY OF TRANSPORTATION, McCain tax hike amendment. Washington, DC, March 6, 1998. the highway tax brake for propane, liq- Ethanol is good for national security. uefied natural gas, and methanol which Hon. THOMAS A. DASCHLE, It is good for the environment. It is U.S. Senate, now only pay 13.6 cents, 11.9 cents and good for America’s motorists. It is Washington, DC. 9.15 cents respectively, instead of the good for our balance of trade. It is good DEAR SENATOR DASCHLE: The Administra- full 18.3 cents per gallon. for our farm economy. tion strongly supports the use of alternate Be prepared for the termination of I have said it before, but it bears re- fuels as a meaningful way to address some of the percentage depletion allowance for the Nation’s air quality, energy conservation peating. Ethanol is just plain good, domestic producers, which drains the and balance of payment problems. The future good, good. treasury to the tune of $900 million per of U.S. transportation will depend heavily on Mr. DASCHLE. Mr. President, I year. alternative fuels. For these reasons, the Ad- strongly oppose the amendment to And while my colleagues from oil and ministration is firmly in favor of continuing strike extension of the ethanol tax in- an ethanol excise tax exemption. gas states think about this, could they centive from the federal highway bill. The Administration believes that the etha- please tell us, are these tax breaks and This program has proven its value to nol exemption does not reduce needed invest- subsidies programs to promote energy the nation in the past, and its continu- ments in roads, bridges and transit. Further- independence, or are they merely forms more, given the current balances in the ation is important not only to the eco- of corporate welfare? Highway Trust Fund and projected revenues, What about mass transit subsidies. I nomic vitality of rural America, but continuation of the exemption will not affect have seen figures that show some mass also to the national goals of improving future Federal spending on transportation transit taxpayer subsidies, for capital air quality and weaning the country projects. and operations, can run as high as $15 from its dangerous dependence on for- The extension of the tax exemption for eign oil. ethanol use as a highway motor fuel is part per rider. If you assume a 20 mile ride, of the Administration’s surface transpor- that comes out to a government sub- Over the last 20 years, ethanol has grown from a good idea to a serious al- tation reauthorization proposal, S. 468, the sidy of 75 cents per rider/mile. National Economic Crossroads Transpor- Compare the ethanol investment. ternative fuel for American motorists. tation Efficiency ACt (NEXTEA). Our pro- Ethanol has transported people 200 bil- Its use today—over a billion gallons posal would extend the current exemption lion miles at a cost to taxpayers of per year—significantly reduces our provision through September 30, 2006, be- about 2.5 cents per mile. It’s even less need to import foreign oil. As General cause of the many benefits that domestic if you subtract the savings to our farm Lee Butler has pointed out, every bar- ethanol production provides to the Nation. programs. rel of oil we import from the Middle Sincerely, RODNEY E. SLATER. So, which does a better job of reduc- East costs us, in real terms, more than ing our dependence on foreign energy? $100 The cost Americans pay at the Mr. DASCHLE. Given the clear bene- Ethanol at 2.5 cents a mile, or mass pump for gasoline is not reflective of fits of the ethanol tax incentive and transit that can cost as high as 75 cents this extraordinary investment, which the fact that it does not affect federal a mile? underscores the need to do even more investments in transportation projects, We could terminate all these pro- to reduce our consumption of imported I urge my colleagues to join me in op- grams aimed at reducing our depend- oil. posing this amendment and helping to ence upon foreign oil. In addition, clean-burning ethanol ensure that America has the tools to Are we that short-sighted? Are we helps cities throughout the country meet its energy, environmental and that parochial? I think not. achieve clean air standards inexpen- economic goals long into the future. I know we’re not, because 35 Repub- sively and easily, while reducing emis- Mr. LOTT. Mr. President, I appre- lican and 34 Democratic Senators voted sions of greenhouse gases. And, in rural ciate Senator MCCAIN’s position on to save the ethanol program extension. America, it provides jobs at a time this. I understand how he feels about Senate Republican Leader LOTT and when family farms are struggling to it. I also appreciate the fact that he is Democratic Leader DASCHLE are both survive. willing to bring it up in such a fashion committed to extending this program. Mr. President, less than a year ago, where he can make this points and we House Speaker GINGRICH and Minority this body made clear its overwhelming can move on to a vote on a motion to Leader GEPHARDT have both pledged to support for renewable fuels when it de- table. A number of Senators on both support the ethanol program. feated a similar amendment to the sides could come over and speak at March 11, 1998 CONGRESSIONAL RECORD — SENATE S1757 great length on this subject. But in the The PRESIDING OFFICER. The Center will be eligible to apply for des- interest of trying to begin to move to- Chair recognizes the distinguished Sen- ignation as one of the new NUTCs au- ward a conclusion and getting within, ator from Maine. thorized in the bill. hopefully, a short period of time, the Ms. COLLINS. Mr. President, I rise I yield to my distinguished friend and final votes before we would have the today to engage the distinguished colleague from Rhode Island, the chair- cloture vote so we can see what is ex- chairman of the Senate Committee on man of the committee, Senator actly left to be done on this bill. Environment and Public Works in a CHAFEE, for any reassurances that he In order to get that accomplished, I colloquy in order to clarify that a spe- might be able to give me in this regard. move to table amendment No. 1968 and cific kind of innovative materials re- The PRESIDING OFFICER. The ask for the yeas and nays. search will be eligible for funding Chair recognizes the Senator from The PRESIDING OFFICER. Is there a under this bill. Rhode Island. sufficient second? Many of our Nation’s bridges have Mr. CHAFEE. Mr. President, I want There is a sufficient second. been in service far longer than origi- to confirm the understanding of the The yeas and nays were ordered. nally planned. As a result, they have Senator from Maine, Ms. COLLINS, that, The PRESIDING OFFICER. The fallen into a state of serious disrepair. in fact, wood composite research in- question is on agreeing to the motion Many of them are in need of outright volving so-called wood FRP composites to table Amendment No. 1968. replacement. Over the past several is eligible to compete for funding under The clerk will call the roll. years, the Federal Government has those sections of the ISTEA II legisla- The legislative clerk called the roll. supported research in an effort to de- tion that she mentioned. Mr. NICKLES. I announce that the velop a new, stronger, and more envi- Furthermore, I want to confirm for Senator from Alabama (Mr. SHELBY) ronmentally sensitive material for use the Senator that the Advanced Engi- and the Senator from Alabama (Mr. in bridge construction. One of the most neered Wood Composites Center at the SESSIONS) are necessarily absent. promising developments in this area is University of Maine is eligible to apply Mr. FORD. I announce that the Sen- a new technology known as ‘‘wood for designation by the Federal Highway ator from Massachusetts (Mr. KEN- composites.’’ These materials combine Administration as one of the four new NEDY) is necessarily absent. wood, an abundant and renewable re- national university transportation cen- The PRESIDING OFFICER. Are there source, with modern composites to give ters authorized by the ISTEA legisla- any other Senators in the Chamber de- the wood significantly more strength tion as well. siring to vote? and durability. I understand there is a great deal of The result was announced—yeas 71, I am proud to say that the University excitement about this new, emerging nays 26, as follows: of Maine’s Advanced Engineered Wood field of wood composite research. Cer- [Rollcall Vote No. 27 Leg.] Composites Center has been a leader in tainly I believe that the Federal Gov- YEAS—71 developing wood composite tech- ernment should be actively encourag- nologies, and it has done so in part ing and providing funding for this inno- Abraham DeWine Kohl Akaka Dodd Landrieu with research funds from the National vative activity, which would be bene- Allard Domenici Levin Science Foundation. That research has ficial to rebuilding many of our bridges Ashcroft Dorgan Lott now advanced to the point where com- across our country. Baucus Durbin Lugar Bennett Faircloth Mack posite-reinforced wood is being used in Mr. President, I look forward to con- Biden Feinstein McConnell pilot projects in Maine and elsewhere tinuing to work with Senator COLLINS Bingaman Ford Mikulski in the United States. during the committee conference on Bond Glenn Moseley-Braun Wood composites have shown a great this matter, and I want to express my Boxer Graham Moynihan Breaux Gramm Murkowski deal of promise as a means of providing appreciation to her for her efforts in Brownback Grams Murray low-cost, extremely durable, and envi- bringing this matter to my attention. Bryan Grassley Reed ronmentally safe material for building Ms. COLLINS. Mr. President, I thank Bumpers Hagel Reid and repairing bridges. Given its per- Burns Harkin Roberts the distinguished chairman of the com- Campbell Hatch Roth formance and its promise, we should be mittee. I invite both the distinguished Chafee Helms Sarbanes enthusiastically promoting further de- chairman and the distinguished rank- Cleland Hollings Smith (OR) velopment of this exciting new tech- ing minority member, Senator BAUCUS, Coats Inouye Stevens Cochran Jeffords Thomas nology. to come to the University of Maine Conrad Johnson Thurmond I have discussed with the chairman sometime and look at the fabulous re- Craig Kempthorne Torricelli my strong support for ensuring that search that is being done in this area. D’Amato Kerrey Wellstone the research involving wood compos- Daschle Kerry It is extremely exciting. The wood re- ites, specifically wood fiber-reinforced inforced with these composites is NAYS—26 plastic composites, will be eligible for stronger than steel. I am very proud of Byrd Hutchison Rockefeller funding under the sections of this legis- the research that is going on in my Collins Inhofe Santorum lation. Specifically, the bill authorizes Coverdell Kyl Smith (NH) State and I believe it can contribute Enzi Lautenberg Snowe funding to: First, establish four new greatly to the transportation future of Feingold Leahy Specter national university transportation cen- this country. Frist Lieberman Thompson ters; second, section 2005 of the bill au- Mr. CHAFEE. Is that all in Orono? Gorton McCain Warner thorizes funding for the Department of Gregg Nickles Wyden Ms. COLLINS. It is. Hutchinson Robb Transportation’s basic research and Mr. CHAFEE. The home of black technology programs over the next 6 bears, I believe. NOT VOTING—3 years; third, section 2001 of the bill au- Ms. COLLINS. That’s right. Kennedy Sessions Shelby thorizes funding for the Federal High- Mr. BAUCUS. I say to my gracious The motion to lay on the table the way Administration’s National Tech- friend from Maine, I accept her invita- amendment (No. 1968) was agreed to. nology Deployment Initiatives and tion. I would love to see this process, Mr. CHAFEE. Mr. President, I move Partnership Program; and, finally, sec- not only because anyone would like to to reconsider the vote. tion 2013 of the legislation authorizes visit Maine, but, second, it is mutually Mr. ROTH. I move to lay that motion funding for an innovative bridge re- beneficial to lots of other States which on the table. search and construction program. have a very prominent reinforced prod- The motion to lay on the table was The purpose of my colloquy with the ucts industry. I thank the Senator. agreed to. distinguished chairman today is to Ms. COLLINS. I thank the Senator. The PRESIDING OFFICER. The confirm my understanding that the on- We will throw in a lobster dinner as Chair recognizes the Senator from going research involving wood FRP well. Rhode Island. composites is eligible for funding under Mr. BAUCUS. It’s a deal. Mr. CHAFEE. Mr. President, I now all of these sections of the ISTEA reau- Ms. COLLINS. I yield the floor. enter into a colloquy with the distin- thorization bill, and further that the Mr. CHAFEE. Mr. President, I sug- guished Senator from Maine. University of Maine’s Wood Composites gest the absence of a quorum. S1758 CONGRESSIONAL RECORD — SENATE March 11, 1998 The PRESIDING OFFICER. The prime contracts and subcontracts funded gard to grant recipients who are under clerk will call the roll. under titles I and II of this Act— a Federal court order. The bill clerk proceeded to call the (A) the annual gross receipts of the small It also would require a new GAO roll. business concerns; and study of the DBE program and of dis- (B) the net worth of socially and economi- Mr. MCCONNELL. Mr. President, I cally disadvantaged individuals that own and crimination against DBEs in general. ask unanimous consent that the order control the small business concerns; Mr. President, the Senator has made for the quorum call be rescinded. (4) in the case of business concerns that re- a number of modifications to this. It is The PRESIDING OFFICER. Without ceive prime contracts and subcontracts fund- an amendment we are prepared to ac- objection, it is so ordered. ed under titles I and II of this Act, other cept. I thank him for working out Mr. MCCONNELL. Mr. President, I than small business concerns described in these modifications with us. ask unanimous consent we temporarily paragraph (2)— Mr. BAUCUS. Mr. President, this lay aside the Finance amendment cur- (A) the annual gross receipts of the busi- amendment has been worked out and ness concerns; and rently pending. cleared on our side. The PRESIDING OFFICER. Without (B) the net worth of individuals that own and control the business concerns; Mr. MCCONNELL addressed the objection, it is so ordered. (5) the rate of graduation from any pro- Chair. AMENDMENT NO. 1969 TO AMENDMENT NO. 1676 grams carried out to comply with the re- The PRESIDING OFFICER. The Sen- (Purpose: To allow entities and persons to quirement of subsection (a) for small busi- ator from Kentucky. comply with court orders relating to dis- ness concerns owned and controlled by so- Mr. MCCONNELL. Mr. President, let advantaged business enterprises and to re- cially and economically disadvantaged indi- me say briefly that this amendment is quire the Comptroller General to carry out viduals; simple, fair and noncontroversial, as a biennial review of the impact of comply- (6) the overall cost of administering the re- ing with requirements relating to dis- quirement of subsection (a), including ad- evidenced by the fact that my col- advantaged business enterprises) ministrative costs, certification costs, addi- leagues have signed off on it. Mr. MCCONNELL. Mr. President, I tional construction costs, and litigation It says two things: send an amendment to the desk and costs; First, no State or local transit au- ask for its immediate consideration. (7) any discrimination, on the basis of race, thority will lose its ISTEA funding The PRESIDING OFFICER. The color, national origin, or sex, against small simply because it suspends the DBE business concerns owned and controlled by Program in response to a court order clerk will report. socially and economically disadvantaged in- The bill clerk read as follows: declaring the program unconstitu- dividuals; tional. The Senator from Kentucky [Mr. (8)(A) any other factors limiting the abil- Second, my amendment asks GAO to MCCONNELL] proposes an amendment ity of small business concerns owned and study the program and lets Congress numbered 1969 to amendment No. 1676. controlled by socially and economically dis- advantaged individuals to compete for prime know how the program is working to Mr. MCCONNELL. Mr. President, I contracts and subcontracts funded under ti- ensure it genuinely helps disadvan- ask unanimous consent that reading of tles I and II of this Act; and taged women and minorities. the amendment be dispensed with. (B) the extent to which any of those fac- Even though ISTEA and the DBE The PRESIDING OFFICER. Without tors are caused, in whole or in part, by dis- program were declared unconstitu- objection, it is so ordered. crimination based on race, color, national tional last summer by the federal court origin, or sex; The amendment is as follows: in Colorado, this legislative body chose On page 79, between lines 13 and 14, insert (9) any discrimination, on the basis of race, color, national origin, or sex, against con- to reauthorize the program because the the following: Secretary of Transportation and the (e) COMPLIANCE WITH COURT ORDERS.— struction companies owned and controlled by Nothing in this section limits the eligibility socially and economically disadvantaged in- Attorney General promised us that any of an entity or person to receive funds made dividuals in public and private transpor- possible problems with the program available under titles I and II of this Act, if tation contracting and the financial, credit, had been cleaned up under the new pro- the entity or person is prevented, in whole or insurance, and bond markets; posed regulations. in part, from complying with subsection (a) (10) the impact on small business concerns The Senate accepted the Secretary because a Federal court issues a final order owned and controlled by socially and eco- nomically disadvantaged individuals of— and the Attorney General at their in which the court finds that the require- word. As my good friend and respected ment of subsection (a), or the program estab- (A) the issuance of a final order described lished under subsection (a), is unconstitu- in subsection (e) by a Federal court that sus- colleague from New Mexico stated on tional. pends a program established under sub- the floor last Thursday night: (f) REVIEW BY COMPTROLLER GENERAL.—Not section (a); or I say to the administration very clearly later than 3 years after the date of enact- (B) the repeal or suspension of State or right now: You have now put the signature of ment of this Act, the Comptroller General of local disadvantaged business enterprise pro- the Attorney General of the United States the United States shall conduct a review of, grams; and and the Secretary of [Transportation] on the and publish and report to Congress findings (11) the impact of the requirement of sub- answer to . . . seven questions [about the and conclusions on, the impact throughout section (a), and any program carried out to constitutionality of this program]. And this the United States of administering the re- comply with subsection (a), on competition Senator, and I think a number of other Sen- quirement of subsection (a), including an and the creation of jobs, including the cre- ators, is going to be voting to keep the provi- analysis of— ation of jobs for socially and economically sions in the bill based on these kinds of as- (1) in the case of small business concerns disadvantaged individuals. surances. . . . If, in fact, it comes out in a certified in each State under subsection (d) Mr. MCCONNELL. Mr. President, the few months that the regulations are not as owned and controlled by socially and eco- amendment I send to the desk has been being interpreted in the way suggested here, nomically disadvantaged individuals— then I assure you that we will change them. (A) the number of the small business con- cleared, I am told, by both Senator .. . This better become a very, very, serious cerns; and CHAFEE, the chairman of the commit- challenge to the administration as they fi- (B) the participation rates of the small tee, and Senator BAUCUS, the ranking nally implemented this program. business concerns in prime contracts and minority member. It is my understand- I appreciate the candor of my friend, subcontracts funded under titles I and II of ing there is no objection. Mr. DOMENICI. Consistent with that this Act; The PRESIDING OFFICER. The Sen- (2) in the case of small business concerns candor and with that challenge, my described in paragraph (1) that receive prime ator from Rhode Island. amendment simply says that the Sen- contracts and subcontracts funded under ti- Mr. CHAFEE. Mr. President, the ate is taking the administration at its tles I and II of this Act— amendment offered by the Senator word. (A) the number of the small business con- from Kentucky deals with the so-called And, if for any reason, the program is cerns; Disadvantaged Business Enterprise not fixed, and more courts strike down (B) the annual gross receipts of the small Program. I want to emphasize this the program, then my amendment en- business concerns; and McConnell amendment is not the same sures that we will not punish the (C) the net worth of socially and economi- cally disadvantaged individuals that own and as the earlier McConnell amendment States for complying with federal court control the small business concerns; which we voted on a week ago. This orders. (3) in the case of small business concerns new amendment would clarify Depart- The PRESIDING OFFICER. Is there described in paragraph (1) that do not receive ment of Transportation policy with re- further debate on the amendment? If March 11, 1998 CONGRESSIONAL RECORD — SENATE S1759 not, the question is on agreeing to the home state of New Hampshire. The ment about the need to reform the amendment. Nashua Circumferential Highway NEPA review process as it pertains to The amendment (No. 1969) was agreed project was in the planning and envi- transportation projects. In fact, the to. ronmental review phase for more than National Environmental Policy Act as Mr. CHAFEE. Mr. President, I move 10 years and had received the necessary a whole needs to be looked at for pos- to reconsider the vote by which the permits from the Corps of Engineers sible improvements. I fully support the amendment was agreed to. when, at the eleventh hour, EPA goals and intent behind NEPA, but I Mr. BAUCUS. I move to lay that mo- stepped in and exercised its veto au- also believe that States are capable of tion on the table. thority. EPA vetoed the project even carrying out NEPA’s requirements The motion to lay on the table was though a $31 million environmental when planning and reviewing various agreed to. mitigation package was committed by transportation projects within their NEPA PROCESS AND TRANSPORTATION PROJECTS the state. A scaled back version of this borders. Mr. SMITH of New Hampshire. Mr. project is finally back on the table. While I agree with my friend that S. President, I would like to speak for a However, many years and a significant 1173 makes good progress toward few minutes on the need to bring some amount of resources were unneces- streamlining the environmental review common sense and reason to the envi- sarily wasted. This is just one of many process, I share his concerns that it ronmental permitting process for fiascoes that have occurred all over the might not go far enough in resolving transportation projects. I am pleased country. this problem. It is clear we need a more to say that we have at least begun a de- While I think the language in S. 1173 effective environmental coordination bate on this issue and that a bipartisan represents a good first step, I still be- process that results in less staff time effort to improve the environmental lieve we could do more to streamline and expense for all the agencies and review process has taken place. and improve the review process with- stakeholders in the NEPA process. As a member of the Environment and out circumventing protections for the If we are successful in this effort, we Public Works Committee, I am very fa- environment. Unfortunately, there are will hopefully reduce the time it now miliar with the planning and construc- certain groups who consider the Na- takes in reaching final decisions and tion process for highway and bridge tional Environmental Policy Act to be receiving project approvals and per- projects. As such, I have been disturbed a sacred statute in which no changes mits, saving resources and lives. There- by statistics showing that it takes 10 are warranted. I disagree with that fore, I congratulate my colleague on years to plan, design and construct a viewpoint. his efforts thus far and encourage him typical transportation project in this I had intended to offer my own NEPA to pursue additional improvements to country. streamlining amendment today which the current NEPA review process. At Why does it take so long to plan a would greatly improve the environ- this time, Mr. President, I yield back project? The answer lies in the mul- mental review process for highway-re- to my friend from New Hampshire. tiple layers of agency evaluations on lated projects. In fact, my amendment Mr. SMITH of New Hampshire. Mr. the impacts of various modes and/or is endorsed by numerous professional President, I thank the majority leader alignment as required by the National organizations involved in transpor- for his comments and support on this Environmental Policy Act (NEPA). tation as well as the association of issue as we move toward Senate pas- While it would be sensible and efficient state departments of transportation— sage and conference committee delib- if the NEPA process established a uni- the people who have first-hand knowl- erations on the ISTEA legislation. I form set of regulations and submittal edge and experience in the planning yield the floor. documents nationwide, this has not and design of a project. When it takes Mr. CHAFEE. I suggest the absence been the case. an average of eight years to complete of a quorum. For example, the Environmental Pro- the environmental review process, The PRESIDING OFFICER. The tection Agency, U.S. Army Corps of there is something wrong with the sys- clerk will call the roll. Engineers, U.S. Coast Guard, U.S. Fish tem. The bill clerk proceeded to call the and Wildlife Service, and their compan- Many of these wasteful endeavors roll. ion state agencies each require a sepa- could have been avoided if a coordi- Mr. STEVENS. Mr. President, I ask rate review and approval process, forc- nated interagency review procedure unanimous consent that the order for ing separate reviews of separate regula- was established early in the process. I the quorum call be rescinded. tions and requiring planners to answer think it is also important to establish The PRESIDING OFFICER. Without requests for separate additional infor- a framework with mutually agreed objection, it is so ordered. mation. Also, each of these agencies upon deadlines for each agency to take Mr. STEVENS. Mr. President, I ask issues approvals according to separate action, as well as establish an effective unanimous consent that three mem- schedules. The result: the time period dispute resolution process. As it stands bers of my staff be permitted to have between project beginning to comple- now, often times there is no Federal- access to the floor for further consider- tion has grown to at least 10 years, as- State coordinated review process es- ation of this bill. suming that the project is non-con- tablished from the beginning, no set The PRESIDING OFFICER. Without troversial and there is adequate fund- timetables for meeting certain reviews objection, it is so ordered. ing available. If either of these assump- or permit approvals, and no system for Mr. STEVENS. Mr. President, we are tions is not the case, the time period resolving disputes in a timely manner. down to the point where this Senator could be even longer. We need to design a better system wants to get some information. I don’t I am sure that if Senators contacted that protects both the taxpayers’ in- serve on this committee, so I want to their own state transportation depart- vestment and the environment. I do serve notice to the managers that I ments, they would be dismayed by the not buy the argument that making have a series of questions I want to ask number of transportation projects that common sense reforms to the NEPA re- them. are delayed due to overlapping and view process is in any way compromis- I keep being told that the money often redundant regulatory reviews and ing environmental protection. under this bill is allocated, that there processes. These delays increase costs In conclusion, I hope we can continue is no way at all to consider any amend- and postpone needed safety and traffic working on improvements to the plan- ments that might deal with the marine improvements that would save lives. ning process as the ISTEA bill makes highway system. Clearly, this process from start to fin- its way through conference. The sys- So, in the course of the next few ish is too long and too cumbersome, tem is ‘‘broke’’ and needs fixing. Thank hours, I intend to find out what has often taking eight years just to com- you, Mr. President, and I yield to the happened to the money that is in this plete the planning, review and design distinguished majority leader. bill and why there is no money to ful- phases of a project. Mr. LOTT. Mr. President, I thank the fill the needs of our State. There are numerous examples to il- Senator from New Hampshire for rais- I suggest the absence of a quorum, lustrate why the current system is bro- ing this important issue on the ISTEA until I get the information that my ken. One of these examples is from my bill. I completely agree with his state- staff is bringing. S1760 CONGRESSIONAL RECORD — SENATE March 11, 1998 The PRESIDING OFFICER (Mr. Transportation and Infrastructure of the SEC. 18 . CONTINUANCE OF COMMERCIAL OPER- ATIONS AT CERTAIN SERVICE PLA- ABRAHAM). The clerk will call the roll. House of Representatives on— ‘‘(1) estimates of the future highway and ZAS IN THE STATE OF MARYLAND. The bill clerk proceeded to call the (a) WAIVER.—Notwithstanding section 111 roll. bridge needs of the United States; and ‘‘(2) the backlog of current highway and of title 23, United States Code, and the Mr. CHAFEE. Mr. President, I ask bridge needs. agreements described in subsection (b), at unanimous consent that the order for ‘‘(b) FORMAT.— the request of the Maryland Transportation the quorum call be rescinded. ‘‘(1) IN GENERAL.—Each report under sub- Authority, the Secretary shall allow the con- The PRESIDING OFFICER. Without section (a) shall, at a minimum, include ex- tinuance of commercial operations at the objection, it is so ordered. planatory materials, data, and tables com- service plazas on the John F. Kennedy Me- parable in format to the report submitted in morial Highway on Interstate Route 95. AMENDMENT NO. 1963 (b) AGREEMENTS.—The agreements referred 1995 under section 307(h) (as in effect on the Mr. CHAFEE. Mr. President, I ask to in subsection (a) are agreements between day before the date of enactment of this sec- the Department of Transportation of the unanimous consent that no further tion). amendments be in order to the Finance State of Maryland and the Federal Highway amendment and the amendment be Mr. BYRD. Mr. President, this Administration concerning the highway de- agreed to with a motion to reconsider amendment is designed to keep the scribed in subsection (a). being laid upon the table. Congress and the American people in- formed about the real condition of our AMENDMENT NO. 1973 The PRESIDING OFFICER. Is there (Purpose: To provide for the inclusion of the objection? Without objection, it is so National Highway System. Under current law, the Secretary of Secretary of Transportation and Federal ordered. Railroad Administrator on the Boards of The amendment (No. 1963) was agreed Transportation is required to sent a bi- Directors of the Pennsylvania Station Re- to. annual report to the Congress on the development Corporation and the Union Mr. CHAFEE. Mr. President, I sug- performance and conditions of Ameri- Station Redevelopment Corporation) gest the absence of a quorum. ca’s highways. At the end of the bill add the following: The PRESIDING OFFICER. The Unfortunately, the report that was SEC. . PENNSYLVANIA STATION REDEVELOP- due at the beginning of last year was MENT CORPORATION BOARD OF DI- clerk will call the roll. RECTORS. The assistant legislative clerk pro- not completed and delivered to the Congress until last week, some 18 Section 1069(gg) of the Intermodal Surface ceeded to call the roll. Transportation Efficiency Act of 1991 (105 Mr. ROTH. Mr. President, I ask unan- months late. Moreover, the new report Stat. 2011) is amended by adding at the end imous consent that the order for the uses an entire new set of measures that the following: ‘‘(3) In furtherance of the rede- quorum call be rescinded. make it impossible to determine velopment of the James A. Farley Post Of- The PRESIDING OFFICER. Without whether the condition of our roadways fice Building in the city of New York, New objection, it is so ordered. has improved or declined. Indeed, the York, into an intermodal transportation fa- new report abandons the format uti- cility and commercial center, the Secretary AMENDMENTS NOS. 1970 THROUGH 1973, EN BLOC, of Transportation, the Federal Railroad Ad- TO AMENDMENT NO. 1676 lized in prior years which provided di- rect and clear data on the condition of ministrator, and their designees are author- Mr. CHAFEE. Mr. President, I have a ized to serve as ex officio members of the series of technical amendments here our highways and bridges. This data Board of Directors of the Pennsylvania Sta- that are agreeable to both sides, and I enabled all citizens and policy makers tion Redevelopment Corporation.’’ will have them considered en bloc. The to measure the progress of lack of SEC. . UNION STATION REDEVELOPMENT COR- PORATION BOARD OF DIRECTORS. first is an amendment by Senator BYRD progress that had been made on im- proving our highway system. Subchapter I of chapter 18 of title 40 of the dealing with a study of the highway United States Code is amended by adding a and bridge needs and road needs of the This amendment would ensure that all future reports include data using new section at the end thereof as follows: country. The second is a MOSELEY- ‘‘Section 820. Union Station Redevelop- BRAUN safety amendment. The third is the format that was used in prior years ment Corporation a SARBANES amendment dealing with so that we can compare ‘‘apples to ap- ‘‘To further the rehabilitation, redevelop- travel plazas. The fourth amendment is ples’’ when formulating our national ment and operation of the Union Station complex, the Secretary of Transportation, from Senator MOYNIHAN dealing with policy on highways. the Federal Railroad Administrator, and AMENDMENT NO. 1971 the Pennsylvania Station Redevelop- their designees are authorized to serve as ex ment Corporation board of directors (Purpose: To improve highway safety) officio members of the Board of Directors of and the membership of that board. At the appropriate place, insert the follow- the Union Station Redevelopment Corpora- The PRESIDING OFFICER. The ing: tion.’’ clerk will report. SEC. . ROADSIDE SAFETY TECHNOLOGIES. The PRESIDING OFFICER. Without The assistant legislative clerk read (a) CRASH CUSHIONS.— objection, the amendments are agreed as follows: (1) GUIDANCE.—The Secretary shall initiate to. The Senator from Rhode Island (Mr. and issue a guidance regarding the benefits The amendments (Nos. 1970 through and safety performance of redirective and CHAFEE) proposes amendments en bloc num- 1973), en bloc, were agreed to. bered 1970 through 1973 to amendment No. nonredirective crash cushions in different Mr. CHAFEE. I move to reconsider 1676. road applications, taking into consideration roadway conditions, operating speed limits, the vote. Mr. CHAFEE. Mr. President, I ask the location of the crash cushion in the Mr. BAUCUS. I move to lay it on the unanimous consent that these amend- right-of-way, and any other relevant factors. table. ments be considered en bloc. The guidance shall include recommendations The motion to lay on the table was The PRESIDING OFFICER. The on the most appropriate circumstances for agreed to. amendments will be considered en bloc. utilization of redirective and nonredirective AMENDMENTS NOS. 1974 AND 1975, EN BLOC, TO The amendments (Nos. 1970 through crash cushions. AMENDMENT NO. 1676 1973) are as follows: (2) USE OF GUIDANCE.—States shall use the Mr. CHAFEE. Mr. President, I send guidance issued under this subsection in two amendments to the desk and ask AMENDMENT NO. 1970 evaluating the safety and cost-effectiveness (Purpose: To impose certain requirements for their immediate consideration. of utilizing different crash cushion designs The PRESIDING OFFICER. The concerning the biennial infrastructure in- and determining whether directive or vestment needs report) nonredirective crash cushions or other safety clerk will report. Beginning on page 369, strike line 22 and appurtenances should be installed at specific The legislative clerk read as follows: all that follows through page 370, line 4, and highway locations. The Senator from Rhode Island [Mr. insert the following: CHAFEE] proposes amendments numbered 1974 and 1975, en bloc, to amendment No. ‘‘§ 509. Infrastructure investment needs re- AMENDMENT NO. 1972 1676. port (Purpose: To authorize the continuance of Mr. CHAFEE. Mr. President, I ask ‘‘(a) IN GENERAL.—Not later than January commercial operations at the service pla- 31, 1999, and January 31 of every second year zas on the John F. Kennedy Memorial unanimous consent that reading of the thereafter, the Secretary shall report to the Highway) amendments be dispensed with. Committee on Environment and Public At the end of subtitle H of title I, add the The PRESIDING OFFICER. Without Works of the Senate and the Committee on following: objection, it is so ordered. March 11, 1998 CONGRESSIONAL RECORD — SENATE S1761 The amendments are as follows: 2000, $30,000,000 for fiscal year 2001, $35,000,000 highway system. As many of my col- AMENDMENT NO. 1974 for fiscal year 2002, and $35,000,000 for fiscal leagues know, the Alaska Marine High- year 2003 in carrying out this section, at (Purpose: To reduce the amounts authorized way System is unique in this nation in least $12,000,000 of which in each such fiscal that Congress has deemed it important to be appropriated for motor carrier safety) year shall be obligated for the construction On page 91, line 23, strike ‘‘$12,000,000’’ and of ferry boats, terminal facilities and ap- enough to designate it as part of the insert ‘‘$9,620,000’’. proaches to such facilities within marine national highway system. Alaska is by On page 91, line 24, strike ‘‘$12,000,000’’ and highway systems that are part of the Na- far the largest state in the union. We insert ‘‘$9,620,000’’. tional Highway System’’. possess half of all the coastline, twenty On page 91, line 25, strike ‘‘$12,000,000’’ and (b) In addition to the obligation authority percent of all the border, and almost insert ‘‘$9,620,000’’. provided in subsection (a), there are author- half of all the federal lands in the On page 92, line 1, strike ‘‘$10,000,000’’ and ized to be appropriated $20,000,000 in each of insert ‘‘$9,320,000’’. United States. fiscal years 1999, 2000, 2001, 2002, and 2003 for For these and other reasons, the On page 92, line 2, strike ‘‘$10,000,000’’ and the ferry boat and ferry terminal facility insert ‘‘$9,320,000’’. program under section 1064 of the Intermodal amendment is of particular importance Surface Transportation Efficiency Act of to Alaska. Alaska has very few roads. AMENDMENT NO. 1975 1991 (23 U.S.C. 129 note). In fact, our State capitol lies within an On page 108, line 14, strike ‘‘(A)’’ and insert SEC. . REPORT ON UTILIZATION POTENTIAL. area of Alaska the size of West Virginia ‘‘(A)(i)’’. (a) STUDY.—The Secretary of Transpor- which contains no intercity roads at Mr. CHAFEE. Mr. President, the one tation shall conduct a study of ferry trans- all. Practically all of this land is feder- amendment on behalf of Senator portation in the United States and its pos- ally-owned, and the present Adminis- sessions— MCCAIN deals with the Commerce Com- tration has made it very difficult for us (1) to identify existing ferry operations, in- to build roads on federal lands in Alas- mittee’s budget allocation. cluding— The other is on behalf of myself, and (A) the locations and routes served; ka. Ferries are the only form of surface it is a truly technical modification of (B) the name, United States official num- transportation for Alaskans in this the bill by changing a site reference. It ber, and a description of each vessel operated area. The ferries currently serving is necessary to comply with the con- as a ferry; Alaska are almost thirty years old. tract authority levels for highway safe- (C) the source and amount, if any, of funds The oldest ones have been in service derived from Federal, State, or local govern- since the Kennedy Administration. ty programs. ment sources supporting ferry construction Both of these amendments have been These vessels must be replaced soon. or operations; I would also like to point out that cleared by both sides. (D) the impact of ferry transportation on The PRESIDING OFFICER. Without local and regional economies; and twenty percent of the nation’s oil objection, the amendments are agreed (E) the potential for use of high-speed ferry comes from Alaska. Our oil produces 25 to. services. million gallons of gasoline each day. The amendments (Nos. 1974 and 1975), (2) identify potential domestic ferry routes This translates to $1.6 billion dollars in en bloc, were agreed to. in the United States and its possessions and gas taxes going straight to the federal to develop information on those routes, in- Treasury, for which Alaska gets no Mr. CHAFEE. Mr. President, I move cluding— to reconsider the vote. credit whatsoever. This money is on (A) locations and routes that might be top of the income taxes paid into the Mr. WARNER. I move to lay that mo- served; tion on the table. (B) estimates of capacity required; Treasury by the oil companies and The motion to lay on the table was (C) estimates of capital costs of developing their employees in my state. Alaska agreed to. these routes; gets no credit in the highway formula Mr. STEVENS addressed the Chair. (D) estimates of annual operating costs for for fueling the nation’s cars. While this these routes; amendment does not help us build The PRESIDING OFFICER. The Sen- (E) estimates of the economic impact of ator from Alaska. more roads, it will improve transpor- these routes on local and regional econo- tation for many Alaskans. Mr. STEVENS. Mr. President, I seek mies; and A number of Senators (INOUYE, the attention of the distinguished Sen- (F) the potential for use of high-speed ferry AKAKA, LAUTENBERG, BREAUX, MURRAY, ator from Rhode Island for a moment. services. FAIRCLOTH, KERRY, KENNEDY, SNOWE, Mr. President, I am about ready to (b) REPORT.—The Secretary shall report COLLINS, MOYNIHAN, HELMS, and REED) send an amendment to the desk. the results of the study under subsection (a) within 1 year after the date of enactment of had joined Senator MURKOWSKI and me AMENDMENT NO. 1976 TO AMENDMENT NO. 1676 this Act to the Committee on Commerce, in an earlier amendment that would (Purpose: To reauthorize the ferry Science, and Transportation of the United have provided $50 million per year in discretionary program) States Senate and the Committee on Trans- contract authority for ferries. While Mr. STEVENS. Mr. President, I send portation and Infrastructure of the United States House of Representatives. this compromise does not provide all of an amendment to the desk and ask for the funding needed for ferries nation- its immediate consideration. (c) After reporting the results of the study required by paragraph (b), the Secretary of wide, it is an improvement over the ex- The PRESIDING OFFICER. The Transportation shall meet with the relevant isting program. clerk will report. state and municipal planning organizations Mr. President, again, this will amend The legislative clerk read as follows: to discuss the results of the study and the the Intermodal Surface Transportation The Senator from Alaska [Mr. STEVENS], availability of resources, both Federal and Efficiency Act reauthorization for the for himself and Mr. MURKOWSKI, proposes an State, for providing marine ferry service. ferries and ferry terminals. It has been amendment numbered 1976 to amendment Mr. STEVENS. Mr. President, my under discussion here for some time. I No. 1676. amendment will extend and provide a am delighted that we now have an allo- Mr. STEVENS. Mr. President, I ask modest increase for the national ferry cation of contract authority that could unanimous consent that reading of the program under section 1064 of the pre- be applied to this. It also provides for amendment be dispensed with. vious ISTEA bill. The old ferry pro- an authorization for appropriations for The PRESIDING OFFICER. Without gram provided $18 million a year na- the balance of the months we needed objection, it is so ordered. tionwide in contract authority for for the circumstances I described pre- The amendment is as follows: ferry boat and ferry terminal construc- viously. At the appropriate place, insert the follow- tion. We have raised that to an average Mr. MURKOWSKI. Mr. President, I ing: of $30 million per year in contract au- compliment the staffs and I thank Sen- SEC. . REAUTHORIZATION OF FERRY AND thority and in addition have authorized ator CHAFEE. FERRY TERMINAL PROGRAM. $20 million to be appropriated. The Mr. President, Ferries are a small (a) Section 1064(c) of the Intermodal Sur- amendment would require that $12 mil- but extremely important part of our face Transportation Efficiency Act of 1991 (23 lion per year of the $30 million of con- transportation system. This amend- U.S.C. 129 note) is amended by striking ‘‘$14,000,000’’ and all that follows through tract authority be used for ferries, ment reauthorizes the ferry discre- ‘‘this section’’ and inserting in lieu thereof ferry terminals, and approaches to tionary program at $30 million per ‘‘$30,000,000 for fiscal year 1998, $25,000,000 for ferry terminals within marine highway year, with an authorization to appro- fiscal year 1999, $25,000,000 for fiscal year systems which are part of the national priate $20 million more annually, and S1762 CONGRESSIONAL RECORD — SENATE March 11, 1998 it calls on the Secretary of Transpor- Mr. President, that is an impressive a.m. tomorrow morning for the dead- tation to conduct a thorough review of list, but the sad fact is that the fund- line on filing the amendments. I thank existing ferry services and potential ing that has been available under this all Senators for their cooperation, and new routes, and to both report back to program is not keeping pace with the I particularly congratulate and thank Congress and to discuss his findings need. Ferries—like any vessel—are the Senators managing the bill, Sen- with interested local and state govern- very expensive to operate, let alone the ators CHAFEE and BAUCUS. They have ments. It is our hope this will both cost of maintaining the necessary made good progress. I think maybe maintain this important link in our shoreside facilities, and of expanding when we get this cloture vote, we can transportation chain, and stimulate both those facilities and the capacity begin to see what amendments we have thought and action toward both stand- of our nation’s ferries in response to in- to consider and we can begin to bring ard and high-speed ferries as cost effec- creasing demand. this to closure. tive and environmentally sensitive al- Let me offer a little comparison here. This will be the last vote of the ternatives for traditional solutions The national highway program has evening. There will be another vote in such as bridges and causeways. In- paid for and is paying for the construc- the morning. This one will be on the cluded is a provision setting aside $12 tion and replacement of over 483,000 McCain amendment, probably some- million for ferry systems that are in bridges over waterways of various time between 10:30 and 11 o’clock. the national highway system. sizes. In FY97 alone, almost $2 billion Therefore, I make that request. Mr. President, in my state of Alaska, went to bridges. The ferry program was CLOTURE MOTION where roads are few and far between a puny $18 million—less than one per- The PRESIDING OFFICER. Under our ferry system—the Alaska Marine cent of the bridge dollars, and not the previous order and pursuant to rule Highway System—is the only sched- nearly enough to do the job. XXII, the Chair lays before the Senate uled transportation link between many And what of those communities that the pending cloture motion, which the island communities which are not con- are beyond the reach of bridges and are clerk will report. nected by roads. Many of these villages dependent—literally dependent—on fer- The legislative clerk read as follows: are too small even to have the smallest ries? The communities may not be CLOTURE MOTION of landing strips, and expensive float physically or reliably reachable by planes are the only other option for We, the undersigned Senators, in accord- road, but they are full of American ance with the provision of rule XXII of the travel. citizens who deserve the same priority Standing Rules of the Senate, do hereby It is absolutely irreplaceable. It car- treatment from Congress as those who move to bring to a close debate on the modi- ries senior citizens from their small are reliant on bridges. fied committee amendment to S. 1173, the communities to doctors’ offices and My amendment gives those commu- Intermodal Surface Transportation. Effi- hospitals in larger communities. It is nities the recognition and assistance ciency Act: how basketball and swimming and they need and deserve. I urge the sup- Trent Lott, John H. Chafee, John other sports teams from remote vil- port of all my distinguished colleagues, Ashcroft, Larry E. Craig, D. Nickles, lages are able to reach out to meet and Mike DeWine, Frank Murkowski, Rich- and ask for it’s immediate adoption. ard Shelby, Gordon Smith, R.F. Ben- interact with other teams from other The PRESIDING OFFICER. The nett, Craig Thomas, Pat Roberts, communities. It is how small commu- question is on agreeing to the amend- Mitch McConnell, Conrad Burns, Spen- nities receive their fresh milk, their ment. cer Abraham, Jesse Helms. fresh bread, and their canned goods and The amendment (No. 1976) was agreed VOTE other foodstuffs. Most of these are fish- to. The PRESIDING OFFICER. The ing communities, and quite often the Mr. STEVENS. Mr. President, I move question is, Is it the sense of the Sen- ferry system is now a fishermen side- to reconsider the vote. ate that debate on the modified com- lined by an engine breakdown will get Mr. BAUCUS. I move to lay that mo- mittee amendment to S. 1173, the his new parts so that he can get back tion on the table. ISTEA authorization bill, shall be to making a living for himself and his The motion to lay on the table was brought to a close? family. agreed to. The yeas and nays are required under Mr. President, I could go on, but I MODIFICATION TO AMENDMENT NO. 1951 the rule. The clerk will call the roll. trust the message is clear. In my state, Mr. CHAFEE. Mr. President, this is a The legislative clerk called the roll. the service provided by our ferry sys- modification to amendment No. 1951, Mr. FORD. I announce that the Sen- tem is an integral part of the fabric of which we adopted earlier in the day. It ator from Massachusetts (Mr. KEN- life. When I say it is irreplaceable, that recognizes the changes that were made NEDY), is necessarily absent. is not just a figure of speech, it is the in various sections. The PRESIDING OFFICER (Ms. COL- literal truth. I send the modification to the desk. LINS). Are there any other Senators in In other states, Mr. President, ferry The PRESIDING OFFICER. The services may have slightly different the Chamber who desire to vote? amendment is modified. The yeas and nays resulted—yeas 96, impacts, but they are all equally essen- The modification is as follows: tial. In Hawaii they offer a necessary nays 3, as follows: On page 40, strike lines 10 through 15 and [Rollcall Vote No. 28 Leg.] alternative to a strained road system insert the following: YEAS—96 that is close to its limits. In the south- ‘‘(other than the Mass Transit Account) to east, they quickly and safely evacuate carry out sections 502, 507, 509 and 511: Abraham Craig Helms those threatened by hurricanes. In the $68,000,000 for fiscal year 1998; $1,500,000 for Akaka D’Amato Hollings Allard Daschle Hutchinson Pacific Northwest and in the north- fiscal year 1999, $4,500,000 for fiscal year 2000, Ashcroft DeWine Hutchison eastern states they move hundreds of $2,500,000 for fiscal year 2001, $1,500,000 for fis- Baucus Dodd Inhofe thousands of vehicles and millions of cal year 2002, $4,500,000 for fiscal year 2003.’’ Bennett Domenici Inouye Mr. LOTT. Mr. President, pursuant Biden Dorgan Jeffords passengers quickly and safely and with Bingaman Durbin Johnson a minimum of pollution. to the consent agreement on March 10, Bond Enzi Kempthorne In all, 25 states have benefited from I will ask the clerk to report the clo- Boxer Faircloth Kerrey the ferry discretionary program under ture motion. But before he does that, I Breaux Feingold Kerry Brownback Feinstein Kohl ISTEA. In alphabetical order, these want to announce to all Senators that Bryan Ford Landrieu are: Alabama, Alaska, California, Con- this will trigger the cloture vote that Bumpers Frist Lautenberg necticut, Delaware, Florida, Illinois, was postponed from Monday’s session Burns Glenn Leahy Kentucky, Louisiana, Massachusetts, of the Senate. Assuming cloture is in- Byrd Gorton Levin Campbell Graham Lieberman Maine, Mississippi, Maryland, North voked then, all Senators will have an Chafee Gramm Lott Carolina, New Jersey, New York, Ohio, additional 4 hours to file with the clerk Cleland Grams Lugar Oregon, Pennsylvania, Rhode Island, any additional first-degree amend- Coats Grassley Mack Cochran Gregg McConnell Tennessee, Texas, Vermont, Virginia ments. Due to the lateness of the hour, Collins Hagel Mikulski and Washington. Puerto Rico and the we will amend the request in the clos- Conrad Harkin Moseley-Braun Virgin islands have also received funds. ing remarks to reflect a new time of 10 Coverdell Hatch Moynihan March 11, 1998 CONGRESSIONAL RECORD — SENATE S1763 Murkowski Roth Stevens Mr. WARNER. Madam President, I AMENDMENT NO. 1979 TO AMENDMENT NO. 1676 Murray Santorum Thomas (Purpose: To provide for the reconstruction Nickles Sarbanes Thompson ask unanimous consent a letter to me Reed Sessions Thurmond from the Appalachian Regional Com- of national defense highways located out- Reid Shelby Torricelli mission be printed in the RECORD. side the United States) Robb Smith (NH) Warner Mr. CHAFEE. Madam President, on There being no objection, the letter Roberts Smith (OR) Wellstone behalf of Senator MURKOWSKI and Sen- Rockefeller Snowe Wyden was ordered to be printed in the ator STEVENS, I send an amendment to RECORD as follows: NAYS—3 the desk and ask for its immediate con- Kyl McCain Specter APPALACHIAN REGIONAL COMMISSION, sideration. Washington, DC, March 10, 1998. NOT VOTING—1 The PRESIDING OFFICER. The Hon. JOHN WARNER, clerk will report. Kennedy Chairman, Subcommittee on Transportation and The legislative clerk read as follows: The PRESIDING OFFICER. On this Infrastructure, U.S. Senate, Washington, DC The Senator from Rhode Island [Mr. vote, the yeas are 96, the nays are 3. CHAFEE], for Mr. MURKOWSKI, for himself and DEAR MR. CHAIRMAN: Thank you for your Three-fifths of the Senators duly cho- Mr. STEVENS, proposes an amendment num- letter of March 10, 1998, requesting technical sen and sworn having voted in the af- bered 1979. assistance regarding the economic status of firmative, the motion is agreed to. possible additional counties to be served by Mr. CHAFEE. Madam President, I The PRESIDING OFFICER. The Sen- the Appalachian Regional Commission. It ask unanimous consent that the read- ator from Virginia. should be noted that the Congress has added ing of the amendment be dispensed AMENDMENT NO. 1977 TO AMENDMENT NO. 1676 only three counties to ARC since our early with. (Purpose: To add certain counties to the Ap- formation. The PRESIDING OFFICER. Without palachian region for the purposes of the ARC uses four categories to describe the objection, it is so ordered. Appalachian Regional Development Act of economic status of our 399 counties: attain- The amendment is as follows: 1965) ment (those counties that are performing at On page 43, between lines 15 and 16, insert Mr. WARNER. Madam President, I national economic norms); competitive the following: ask unanimous consent we can now (those counties that are near national norms ‘‘(xiii) amounts set aside under section bring up an amendment by the distin- but are not yet fully at national averages); 11ll. On page 136, after line 22, add the follow- guished Senator from Georgia, Mr. transitional counties (those counties whose economies are still significantly below na- ing: CLELAND. I send the amendment to the tional levels on key indicators but are not SEC. 11ll. NATIONAL DEFENSE HIGHWAYS OUT- desk. suffering from severe distress); and dis- SIDE THE UNITED STATES. The PRESIDING OFFICER. The tressed (those counties whose economies are (a) RECONSTRUCTION PROJECTS.—If the Sec- clerk will report. substantially below the national level of eco- retary determines, after consultation with The legislative clerk read as follows: nomic performance). the Secretary of Defense, that a highway, or a portion of a highway, located outside the The Senator from Virginia [Mr. WARNER], In making these determinations we exam- United States is important to the national for Mr. CLELAND, proposes an amendment ine unemployment, per capita market in- defense, the Secretary may carry out a numbered 1977 to amendment No. 1676. come, and poverty rate. Distressed counties, project for reconstruction of the highway or for example, have three-year unemployment Mr. WARNER. Madam President, I portion of highway. rates that are at least 150% of the national ask unanimous consent that reading of (b) FUNDING.— average, per capita market incomes that are the amendment be dispensed with. (1) IN GENERAL.—For each of fiscal years The PRESIDING OFFICER. Without no more than two-thirds of the national av- 1998 through 2003, the Secretary may set objection, it is so ordered. erage, and poverty rates that are at least aside not to exceed $16,000,000 from amounts The amendment is as follows: 150% of the national rate. to be apportioned under section 104(b)(1)(A) At the end of subtitle H of title I, add the If the ARC criteria were applied to the ad- of title 23, United States Code, to carry out following: ditional counties, they would be categorized this section. SEC. 18ll. ADDITIONS TO APPALACHIAN RE- as follows: Hale County, Alabama—dis- (2) AVAILABILITY.—Funds made available GION. tressed, Elbert County, Georgia—transi- under paragraph (1) shall remain available Section 403 of the Appalachian Regional tional, Hart County, Georgia—transitional, until expended. Development Act of 1965 (40 U.S.C. App.) is Yalobusha County, Mississippi—distressed, Mr. MURKOWSKI. Madam President, Montgomery County, Virginia—transitional, amended— I thank the managers for accepting my (1) in the undesignated paragraph relating Rockbridge County, Virginia—transitional. amendment on the reconstruction of to Alabama, by inserting ‘‘Hale,’’ after I have attached a chart that shows the spe- ‘‘Franklin,’’; cific data for each of these counties. If you the Alaska Highway. The Alcan is the (2) in the undesignated paragraph relating have any questions, please let me know. only road link between the contiguous to Georgia— Sincerely, states and Alaska. It was constructed (A) by inserting ‘‘Elbert,’’ after ‘‘Doug- JESSE L. WHITE, JR., in 1942 during World War II to respond las,’’; and Federal Co-Chairman. to a critical strategic need for such a (B) by inserting ‘‘Hart,’’ after ‘‘Haralson,’’; highway. (3) in the undesignated paragraph relating THE PRESIDING OFFICER. If there be no further debate, the question is on This amendment adds language need- to Mississippi, by striking ‘‘and Winston’’ ed to fund the last stages of a multi- and inserting ‘‘Winston, and Yalobusha’’; and agreeing to the amendment. (4) in the undesignated paragraph relating year reconstruction project on the The amendment (No. 1977) was agreed Alcan, which runs 1,520 miles from to Virginia— to. (A) by inserting ‘‘Montgomery,’’ after Dawson Creek, British Columbia to ‘‘Lee,’’; and Mr. WARNER. Madam President, I Fairbanks, Alaska. (B) by inserting ‘‘Rockbridge,’’ after ‘‘Pu- move to reconsider the vote. The still-unfinished portion is the laski,’’. Mr. CHAFEE. I move to lay that mo- last 95 miles of the 325-mile northern, Mr. CLELAND addressed the Chair. tion on the table. or ‘‘Shakwak’’ section, so-called be- The PRESIDING OFFICER. The Sen- The motion to lay on the table was cause a good part of it runs through a ator from Georgia. agreed to. geological formation called the Mr. CLELAND. Madam President, I Shakwak Trench. Mr. WARNER. I wish to thank the would like to explain this briefly. Two At this point, Mr. President, I want distinguished Senator from Georgia. He counties in northeast Georgia are in to provide a little of this highway’s fas- worked long and hard on this amend- Appalachia, Elbert County and Hart cinating history. Since the British ment. It involves a lot of small—five County. They opted out of the original burned the Capitol here in Washington States are touched by this amend- act creating the Appalachia Regional during the War of 1812, the United ment—small rural areas. Without his Development Corridor in 1965. They States’ territory in the mainland of leadership on it, it is not likely this now desire to enter on behalf of their North America has suffered only one matter would have been incorporated counties. This amendment directs invasion. That invasion was during in this bill. I thank the Senator. itself to two counties in Georgia that World War II, in Alaska. qualify in every respect and meet the Mr. CHAFEE addressed the Chair. In 1940, construction began on Fort standards of the law. I urge the amend- The PRESIDING OFFICER. The Sen- Richardson, outside Anchorage. How- ment be agreed to. ator from Rhode Island is recognized. ever, immediately after the bombing of S1764 CONGRESSIONAL RECORD — SENATE March 11, 1998 Pearl Harbor, it became clear that EMBASSY OF THE order that Canada may schedule and perform Alaska had great strategic importance UNITED STATES OF AMERICA, the reconstruction or such part thereof or as a staging area for forces in the Ottawa, January 11, 1977. may from time to time be paid for out of North Pacific. Construction on the No. 11 such appropriated funds, Hon. DONALD JAMIESON, (b) Provide liaison with Canadian officials Alcan began in the spring of 1942. Secretary of State for External Affairs, Ottawa. responsible for the program to meet and dis- In June 1942, Japanese aircraft SIR: I have the honor to refer to the discus- cuss planning, programming and scheduling bombed Dutch Harbor, Alaska. Four sions between representatives of our two of reconstruction, and days later, they invaded and fortified governments regarding bilateral cooperation (c) Process an Environmental Impact sites on Attu and Kiska, two of the in the reconstruction of Canadian portions of Statement in accordance with the laws of Aleutian Islands, which they held for the Alaska Highway. the United States and of Canada, nearly a full year before our forces lib- As a result of these discussions, I now have 3. Canada will the honor to propose that the conditions set (a) Provide, without participation of the erated them. forth in the attached annex, which accord United States funds appropriated for the re- During the Japanese occupation of with the understandings reached between the construction, all necessary right-of-way for these U.S. islands, the Alcan was built. representatives of our two governments, the reconstruction of such highways for a pe- It provided a secure route to move es- should govern such reconstruction. These riod of 25 years from the date of entry into sential supplies and equipment safe conditions shall not affect continuing obliga- force of this agreement and thereafter until from German or Japanese submarines. tions of the two governments regarding the five years (or such shorter period as the par- In a feat of engineering that is still status and use of the Alaska Highway, In- ties may agree upon) after either party shall unprecedented, the U.S. Army Corps of cluding the agreements effected by ex- have notified the other that the right-of-way changes of notes dated March 17 and 18, 1942; is no longer required for its purposes for the Engineers managed to build this 1,520- November 28 and December 7, 1942; and April said highways, whereupon this Agreement mile road across trackless wilderness 10, 1943 shall cease to have force or effect, in just eight months. If these conditions are acceptable to your (b) Not impose any highway toll, or permit At first, naturally, the Alcan was government, I propose that this note, to- any such toll to be charged for the use of just a dirt road punched through trees gether with its annex, and your reply indi- such highways by vehicles or persons. and across the tundra by bulldozers. cating such concurrence, shall constitute an (c) Not levy or assess, directly or indi- After the war, however, civilian con- agreement between our two governments, rectly, any fee, tax, or other charge for the use of such highways by vehicles or persons tractors began the long task of upgrad- which shall enter into force on the date of your reply. Accept, Sir, the renewed assur- from the United States that does not apply ing to a graveled road that civilian ve- ances of my highest consideration. equally to vehicles or persons of Canada. hicles could manage. ANNEX (d) Continue to grant reciprocal recogni- But traffic continued to increase, tion of vehicle registrations and drivers’ li- with 79% of the traffic Americans on Agreed conditions regarding a program of cense in accordance with agreements be- cooperation between the Government of the tween responsible authorities in each coun- the way to Alaska and back. A gravel United States represented by the Federal road just isn’t up to the task. try, Highway Administrator, Department of (c) Maintain such highways after recon- In 1977, the United States and Canada Transportation, and the Government of Can- struction while this Agreement remains in joined in an agreement in which the ada, represented by the Minister of Public force and effect, United States government committed Works, to improve certain highways in Can- (f) Permit those performing the recon- to pay the costs of reconstructing the ada to facilitate transportation between and struction to obtain natural construction ma- Alcan to a modern, paved standard, and within their respective countries, and to im- terials, such as gravel, rock and earth fill, Canada undertook to pay for all main- plement the purposes of section 218 of Title without cost to be used in the reconstruc- 23, United States Code. These shall apply tion, provided that the materials required tenance and upkeep, such as snow re- only to the program authorized by that sec- moval. shall be obtained in accordance with the di- tion. rections and regulations of the appropriate In passing, Mr. President, let me note The Government of the United States and Department of the Government of Canada, that where the U.S. commitment in the Government of Canada agree as follows: (g) Perform all reconstruction engineering, that agreement has been approxi- ARTICLE I including preparation of Environmental As- mately $20 million per year and is now For purposes of this Agreement: sessments and Statements, all necessary sur- dropping to $16 million per year, Can- 1. ‘‘Highways’’ means that portion of the veys, and preparation of reconstruction ada spends $40 million to $50 million Alaska Highway from the Yukon-Alaska bor- plans, specifications and estimates, per year on its portion of the highway der to Haines Junction in Canada and the (h) Commence the reconstruction only agreement. Haines Cutoff Highway from Haines Junction after receiving advice from the United States that the Environmental Impact Mr. President, if I may, I have a copy in Canada to the British Columbia-Alaska border. Statement has been satisfactorily processed of that 1977 diplomatic agreement that 2. ‘‘Reconstruction’’ means the super- in accordance with the laws of the United I ask unanimous consent to have print- vising, inspecting, actual rebuilding, paving, States, ed in the RECORD. and all other work incidental to the recon- (i) Arrange for the reconstruction to be There being no objection, the mate- struction of the highways (except for provid- performed under contracts awarded by com- rial was ordered to be printed in the ing right-of-way), including but not limited petitive bidding insofar as possible and with- out regard as to whether the contractors are RECORD, as follows: to planning studies, environmental studies, locating, surveying, plan and specification American or Canadian, DEPARTMENT OF preparation, contracting, financial control, (j) Supervise the reconstruction, EXTERNAL AFFAIRS, CANADA, traffic control devices, and those utility re- (k) Obtain interim and final concurrence of Ottawa, February 11, 1977. the United States in the following: Note No. GWU–156 locations which are the responsibility of the Canadian Government. (1) Programing and scheduling of work. His Excellency THOMAS O. ENDERS, 3. ‘‘Maintain such highways’’ means to per- (2) Scope, terms of reference and provisions Ambassador of the United States of America, Ot- form such work on a year round basis as of the Environmental Assessment and State- tawa. shall be necessary to keep the completed ment. EXCELLENCY, I have the honor to refer to highway and related facilities in a state of (3) Alignment of the highways. your Note No. 11 of January 11, 1977, concern- (4) Contract plans, specifications and esti- repair and use equivalent to the standards to ing bilateral cooperation in the reconstruc- mates. which they are reconstructed under this tion of Canadian portions of the Alaska (5) Award of contracts. Agreement. Highway. (6) Acceptance of projects for final pay- I am pleased to inform you that the Gov- ARTICLE II ment. ernment of Canada accepts the proposals set 1. The United States and Canada agree to (l) Permit the reasonable access of author- out in your Note and agrees that your Note, the reconstruction of such Highways in ac- ized representatives of the United States to together with its Annex, and this reply, cordance with standards agreed to by them the site of reconstruction and will make which is authentic in English and French, jointly in writing prior to commencement of available the accounts and records relating shall constitute an agreement between our reconstruction. to the reconstruction contracts, at all rea- two Governments which shall enter into 2. The United States will pay to Canada sonable times, for purposes of inspection, force on today’s date. the cost of reconstruction out of funds ap- verification and general monitoring of the Accept, Excellency, the renewed assur- propriated for that purpose by the Congress reconstruction. ances of my highest consideration. of the United States and will 4. (l) The United States and Canada will DONALD JAMIESON, (a) Inform Canada of the amount of funds jointly consider the settlement of claims by Secretary of State for External Affairs. appropriated from time to time therefore in contractors or other persons arising out of March 11, 1998 CONGRESSIONAL RECORD — SENATE S1765 reconstruction contracts and the reconstruc- NIHAN, Mr. LEAHY, Ms. SNOWE, Mr. GREGG, (3) AUTHENTICITY.—A grant under para- tion or either of them, and if any such claim Mr. SARBANES, Mr. D’AMATO, Mr. SANTORUM, graph (1) may be made for a project only if— cannot be resolved by agreement, the same Mr. GRASSLEY, and Ms. COLLINS, proposes an (A) to the maximum extent practicable, shall be determined by the Federal Court of amendment numbered 1716 to amendment the project— Canada in an action by or against Her Maj- No. 1676. (i) is carried out in the most historically esty the Queen in right of Canada, Mr. JEFFORDS. Madam President, I appropriate manner, and (2) All legal costs, and other monies, paid ask unanimous consent that the read- (ii) preserves the existing structure of the out by Canada to settle any such claim historic covered bridge; and whether pursuant to a final judgment of the ing of the amendment be dispensed (B) the project provides for the replace- Federal Court of Canada, or otherwise, shall with. ment of wooden components with wooden be one of the costs of reconstruction for the The PRESIDING OFFICER. Without components, unless the use of wood is im- purposes of this Agreement. objection, it is so ordered. practicable for safety reasons. (3) The United States shall not be liable for (The text of the amendment is lo- (d) FUNDING.—There is authorized to be ap- the payment of such claims or judgments to cated in the March 6, 1998, edition of propriated to carry out this section the extent that they are held by the Federal $10,000,000 for each of fiscal years 1999 the RECORD.) Court of Canada to be the result of neg- through 2003, to remain available until ex- ligence on the part of Canada or its employ- AMENDMENT NO. 1716, AS MODIFIED pended. ees during the administration of the recon- Mr. JEFFORDS. Madam President, I Mr. JEFFORDS. Madam President, struction. have a modification to the amendment this amendment gives the States the 5. The United States and Canada jointly at the desk, and I ask that it be accept- will develop operating procedures consistent tools necessary to preserve our Na- ed. tion’s historic covered bridges. These with this Agreement, including procedures The PRESIDING OFFICER. Is there for resolving disputes between the parties. picturesque relics of past industrial ge- objection? Without objection, the ARTICLE III nius continue to serve many important amendment is so modified. functions. However, covered bridges are This Agreement shall not be construed so The amendment, as modified, is as as to vest in the United States any propri- quickly disappearing due to arson, etary interest in the highways, and upon follows: floods, decay and simple neglect. With- completion of the project, or any part there- At the end of subtitle A of title I, add the out proper and consistent mainte- of, the highways shall remain, in all re- following: nance, these engineering masterpieces spects, an integral part of the Canadian SEC. 11ll. NATIONAL HISTORIC COVERED will slowly fade into history. Highway System. BRIDGE PRESERVATION. Today I am proposing that the Fed- Mr. MURKOWSKI. The U.S. commit- (a) DEFINITIONS.—In this section: eral Government assist towns and ment to reconstruct the Alcan is only (1) COVERED BRIDGE.—The term ‘‘covered bridge’’— counties across the Nation in restoring logical. The Alcan is an international (A) means a roofed bridge that is made pri- and protecting historic covered highway from one part of the United marily of wood; and bridges. Together with States, local States to another. It is considered as a (B) includes the roof, flooring, trusses, communities and committed preserva- national defense highway, and it is of joints, walls, piers, footings, walkways, sup- tionists, we can curb the decay of these direct benefit not only to Alaska, but port structures, arch systems, and underly- treasures and protect them for genera- to the United States as a whole. ing land. tions to come. This is not an Alaska issue, Madam (2) HISTORIC COVERED BRIDGE.—The term This country once boasted 12,000 cov- President. This is a project undertaken ‘‘historic covered bridge’’ means a covered ered bridges. Today, less than 800 re- by the United States Government—a bridge that— (A) is at least 50 years old; or main. Not too long ago transportation project that benefits the country as a (B) is listed on the National Register of officials started tearing down these old whole and which protects our strategic Historic Places. landmarks by the bunches in favor of interests. More importantly, it is one (b) HISTORIC COVERED BRIDGE PRESERVA- more modern and accessible bridges. which we should now complete. TION.—The Secretary shall— Arsonists have been a highly visible Mr. CHAFEE. Madam President, this (1) develop and maintain a list of historic threat. Weather has taken its toll. amendment gives the Secretary of covered bridges; Many old bridges have been carried off Transportation the authority to fulfill (2) collect and disseminate information by floods or collapsed under the weight our international treaty obligations. It concerning historic covered bridges; (3) foster educational programs relating to of heavy snows. deals with the so-called highway be- the history, construction techniques, and Of course, weather would not be so tween Canada and Alaska. It has been contribution to society of historic covered destructive if it were not for the most cleared by both sides. bridges; dangerous and imminent risk—neglect. The PRESIDING OFFICER. Is there (4) sponsor or conduct research on the his- Without proper and consistent mainte- further debate on the amendment? If tory of covered bridges; and nance, covered bridges slowly decay not, the question is on agreeing to the (5) sponsor or conduct research, and study and eventually fall to harsh weather or amendment. techniques, on protecting covered bridges flooding. The amendment (No. 1979) was agreed from rot, fire, natural disasters, or weight- Behind me are two pictures of cov- to. related damage. ered bridges in Vermont. Many of our (c) DIRECT FEDERAL ASSISTANCE.— Mr. FORD. Madam President, I move (1) IN GENERAL.—Subject to the availabil- Nation’s historic wooden bridges are in to reconsider the vote by which the ity of appropriations, the Secretary shall this shape. Others are suffering, but amendment was agreed to. make a grant to a State that submits an ap- some are being preserved as this pic- Mr. CHAFEE. I move to lay that mo- plication to the Secretary that demonstrates ture shows. With proper care and main- tion on the table. a need for assistance in carrying out 1 or tenance, covered bridges can be pre- The motion to lay on the table was more historic covered bridge projects de- served, as this one is, so they might be agreed to. scribed in paragraph (2). enjoyed throughout the years. Mr. JEFFORDS addressed the Chair. (2) TYPES OF PROJECT.—A grant under para- A majority of these wooden struc- The PRESIDING OFFICER. The Sen- graph (1) may be made for a project— (A) to rehabilitate or repair a historic cov- tures still perform their original duties ator from Vermont. ered bridge; but still carry more traffic and weight AMENDMENT NO. 1716 TO AMENDMENT NO. 1676 (B) to preserve a historic covered bridge, than their designers anticipated, often (Purpose: To provide for the preservation of including through— leading to weight-related collapse. historic covered bridges in the United (i) installation of a fire protection system, The cost to properly rehabilitate a States) including a fireproofing or fire detection sys- working covered bridge comes close to Mr. JEFFORDS. Madam President, I tem and sprinklers; $500,000. Some bridges are far more ex- have an amendment at the desk, No. (ii) installation of a system to prevent van- pensive. Many of these bridges are on 1716. dalism and arson; or town roads, off the National Highway (iii) relocation of a bridge to a preserva- The PRESIDING OFFICER. The tion site; and System, and tend not to be a priority. clerk will report the amendment. (C) to conduct a field test on a historic But these bridges must not be lost. The legislative clerk read as follows: covered bridge or evaluate a component of a This amendment will direct the Sec- The Senator from Vermont [Mr. JEF- historic covered bridge, including through retary of Transportation to fund the ef- FORDS], for himself, Mr. SPECTER, Mr. MOY- destructive testing of the component. forts to inventory, repair and maintain S1766 CONGRESSIONAL RECORD — SENATE March 11, 1998 our Nation’s covered bridges. Moneys vania enjoys the most covered bridges Mr. CHAFEE. I move to lay that mo- provided by the measure give the of any state, with 167. Unfortunately, tion on the table. States the ability to fully restore their the vast majority are either closed, or The motion to lay on the table was covered bridges ensuring the safety of have weight limitations placed upon agreed to. travelers without compromising the them to forestall further deterioration. f bridges’ historical integrity. Aside from the aesthetic reasons for re- UNANIMOUS CONSENT AGREE- This amendment calls for proper re- pairing these bridges, there are safety MENT—COMMITTEE ON LABOR search, construction and maintenance implications as well for those who AND HUMAN RESOURCES techniques. The proposal will provide travel across them each day. funds for fire, arson and vandalism pre- The wood-covered bridges which dot Mr. JEFFORDS. Madam President, I vention. These grants to States will the landscape across rural America ask unanimous consent that the state- prove vital to ensuring the covered serve as more than simply a tourist at- ments of Senators BINGAMAN, HUTCH- bridges survive into the next century, traction. They are in essence a bridge INSON, MURRAY, COLLINS, REED and into the next millennium. to our past which allows us to better WARNER be considered as a part of the These covered bridges stand as a re- understand how previous generations proceedings in this morning’s execu- minder of our heritage and contribute worked to expand this Nation’s trans- tive session of the Committee on Labor immensely to making our Nation the portation infrastructure and link com- and Human Resources. beautiful place it is today. I urge my munities together. It would indeed be a The PRESIDING OFFICER. Without colleagues to adopt this amendment. tragedy to allow them to simply waste objection, it is so ordered. I commend the authors of this legis- away. Mr. JEFFORDS. I yield the floor. Mr. FORD. I suggest the absence of a lation, Senators CHAFEE, WARNER, and It is estimated that approximately quorum. BAUCUS, for completing action on this $344 million will be needed to bring all The PRESIDING OFFICER. The measure. of our Nation’s covered bridges up to Mr. GRASSLEY. Madam President, I clerk will call the roll. standard. Our amendment would au- The legislative clerk proceeded to am pleased to join with my friend and thorize $25 million each year over a pe- call the roll. colleague Senator JEFFORDS, to help riod of seven years to restore and Mr. CHAFEE. Madam President, I spotlight and preserve an important maintain these bridges, which are over ask unanimous consent that the order part of America’s and Iowa’s heritage— 50 years of age. This would provide for the quorum call be rescinded. covered bridges. This amendment will states with a much-needed dedicated The PRESIDING OFFICER. Without help our states to do the rehabilitation source of funding to be used strictly for objection, it is so ordered. and preservation work necessary to covered bridge preservation. f maintain these icons of the open road. As a member of the Senate Transpor- I urge the adoption of this amendment. tation Appropriations Subcommittee, I MORNING BUSINESS There is a romance concerning our will work with my colleagues to ensure Mr. CHAFEE. Madam President, I Nation’s covered bridges. They bring a steady funding stream once this pro- ask unanimous consent that there now forth pictures of a different time in gram is authorized by passage of this be a period for the transaction of morn- American history. It was a time when amendment. ing business, with Senators permitted life moved more slowly, both on and off If we do not act now, these national to speak for up to 5 minutes each. the road. It was time when travelers treasures will be lost forever. I urge my The PRESIDING OFFICER. Without could take the time to enjoy the sce- colleagues to adopt this amendment objection, it is so ordered. nery as they unhurriedly passed by. and thank Senator JEFFORDS for his f Now it seems that most of us are in a leadership on this issue. hurry to get to our next destination, Mr. CHAFEE addressed the Chair. A BRIGHT FUTURE FOR SOCIAL with little or no time to observe and The PRESIDING OFFICER. The Sen- SECURITY enjoy the passing scene. ator from Rhode Island. Mr. ROTH. Madam President, we live Today, I am happy to say, these Mr. CHAFEE. Madam President, I in an era of great events—a moment bridges are drawing tourists. In Iowa commend the Senator from Vermont when opportunity seized in a thought- this is in no small part due to a very for his amendment. I think he is deal- ful and timely manner will allow us to popular book which was made into a ing with a very, very important sub- make history. Today I want to show movie. ‘‘The Bridges of Madison Coun- ject. Having traveled a good deal in how conditions that have been created ty’’ has greatly helped to focus atten- Vermont, I am familiar with these by our efforts to strengthen the econ- tion on covered bridges. For Iowa, the lovely covered bridges, but his amend- omy and bring down the deficit can not book and movie have helped to in- ment does not restrict the protection only save Social Security in the short crease our tourism industry. For our for the covered bridges to only his term, but begin today to strengthen it Nation, the book and movie have State. I think some 16 different States for our children and for generations yet helped to bring into full view of the are involved with this amendment, and to come. public a unique part of our transpor- others beyond that, perhaps. Saving Social Security is a promise tation and cultural heritage. This at- As the pictures show, these are mag- we have made to Americans—both tention for the covered bridges is well nificent structures and really very young and old. It’s a promise that deserved. unique engineering feats. We want to President Clinton reiterated in his Maintenace and protection of these do everything we can to preserve them, most recent State of the Union Ad- bridges is expensive. It is well that we and this is a modest step in that direc- dress. And it’s a promise that we can take steps at the federal level to help tion. I think it is a very worthwhile keep, despite the challenging demo- the states preserve and protect these amendment to take. graphics and declining trend lines that structures of beauty and grace. They Mr. FORD. Madam President, Sen- currently point to a bleak future for a are truly a national enhancement, a ator BAUCUS, who is the floor manager program that many would say is the vital part of our history, and deserving from our side, was called away from most important contract our govern- of our special attention. the floor, and I am attempting to assist ment has ever entered into with the Mr. SPECTER. Madam President, I his staff and to help our distinguished American people. have sought recognition to speak in chairman. I am advised this side has no Social Security has saved countless support of the Jeffords-Specter amend- objection to the amendment. men, women and children from pov- ment, which establishes a federal grant The PRESIDING OFFICER. Without erty. It protects our elderly, our dis- program to preserve our Nation’s his- objection, the amendment is agreed to. abled, their families, and dependents of toric wood-covered bridges for future The amendment (No. 1716), as modi- workers who have died. In its 63-year generations. fied, was agreed to. history—and despite pressing chal- There are 526 covered bridges nation- Mr. FORD. Madam President, I move lenges—Social Security has been a suc- wide, and almost 90 percent are in a to reconsider the vote by which the cess. More than 40 percent of our sen- critical state of disrepair. Pennsyl- amendment was agreed to. iors are kept out of poverty because of March 11, 1998 CONGRESSIONAL RECORD — SENATE S1767 Social Security. In fact, our seniors Mr. Clinton’s inaction notwithstanding, tax-and-spending budgeting. But if the Re- today have the lowest rate of poverty the projected budget surpluses do provide an publican-controlled Congress rejects Mr. among all age groups. Forty years ago, unprecedented opportunity to improve the fi- Clinton’s tax increases, the popular spending more than one of every three elderly nancial outlook for Social Security and, at plans that he proposes would cut into the the same time, to supplement future Social projected surpluses. Americans lived in poverty. Today it’s Security benefits with investment-based Yet if there are some surpluses left, what one in ten. pension income. Before I describe that possi- might Mr. Clinton mean by his proposal to But Social Security is much more bility in more detail, let’s look more closely ‘‘reserve 100% of the surplus’’? The word ‘‘re- than protection in retirement. Because at what Mr. Clinton said and what his words serve’’ has no particular meaning in the of congressional efforts to expand the might have meant. budget process. Money can be appropriated, spent or added to trust funds, but it cannot program, one out of every six Ameri- CAREFUL WORDS be ‘‘reserved’’. And Mr. Clinton doesn’t even cans—or some 44 million people—re- In the State of the Union address; the ceive a monthly Social Security check. say that it should be reserved ‘‘for Social Se- president said: ‘‘If we balance the budget for curity’’ or for anything else in particular. But today, Social Security faces in- next year, it is projected that we will have a Just ‘‘reserved’’. Senior administration offi- solvency. It is a pay-as-you-go, inter- sizable surplus in the years immediately cials have subsequently testified that it generational transfer of money. Money afterward. I propose that we reserve 100% of doesn’t mean putting the money in the So- received by Social Security bene- the surplus—that’s every penny of any sur- cial Security Trust Fund. It turns out that ficiaries is paid by taxes coming from plus—until we have taken all the measures ‘‘reserving’’ this money has nothing at all to today’s workers. And the benefits to- necessary to strengthen the Social Security do with Social Security. system for the 21st century.’’ What does that In short, Mr. Clinton talked eloquently day’s workers will receive will be paid mean? Mr. Clinton often chooses his words by their children. And this, Madam about the Social Security problem but of- very carefully, so we must read those words fered no proposal to do anything about it. President, is the root of the problem, with equal care. The projected budget surpluses are clearly because those who are supporting the Lets begin with the ‘‘surplus’’ itself. The vulnerable to a combination of special-inter- system are declining in relation to Congressional Budget Office now projects est spending programs and populist tax cuts. those who depend on Social Security. that the overall federal budget will be essen- And the Social Security program continues In the early days of the program, there tially in balance for the next two years (an- to head toward a deficit that will require a were as many as 42 workers per bene- nual budget deficits of $2 billion and $3 bil- massive tax increase or drastic cuts in bene- ficiary. Today, there are 3.2. And in lion) and will then shift to a decade of sur- fits. pluses that by 2006 will exceed $100 billion a There is a simple and direct solution: a leg- 2030, just 2 workers will support each year, equal to more than 1% of projected islated commitment now to use the projected individual receiving Social Security. gross domestic product. surpluses to finance Personal Retirement Given current trends, tax revenues to Contrary to the impression of his lan- Accounts for every working person. The pro- the Social Security trust funds will no guage, Mr. Clinton does not propose to de- jected surpluses are large enough to permit longer cover benefit payments begin- vote these projected surpluses to Social Se- the government to put 2% of each individ- ning in 2012. Social Security will need curity. He only suggests that ‘‘any surplus’’ ual’s wages (on earnings up to the $68,400 So- to call upon assets that are just now that remains after whatever new spending cial Security maximum) each year in such accumulating in the trust funds and in- and tax cutting occurs should be ‘‘reserved’’. an account to be invested in stocks and bonds. There are a variety of ways in which vested in U.S. Treasury bonds. Cashing In short, he makes no commitment to do anything for Social Security. Despite his such accounts could be established and fi- in those bonds will put major pressure rhetoric, all that Social Security gets is nanced; I offered one way, based on personal on the Federal budget—crowding out what’s left after other spending and tax cuts income-tax credits, on this page in Novem- other important spending. Even so, by chew up the projected budget surpluses. In ber. 2029 the bonds will be gone. Social Se- reality, saving Social Security comes last. If the budget surpluses projected for the curity will then be able to cover only The president’s budget calls for a wide next decade are used in this way, funding 75 percent of benefit payments directly range of new spending programs in health, such accounts would not reduce the money from revenues. education, child care, the environment and going into the Social Security Trust Fund This, Madam President, does not transportation that would cause total spend- and would not cause a budget deficit. Com- ing to exceed, by $40 billion over the next mitting future budget surpluses now to indi- need to happen. We can save Social Se- vidual investments in stocks and bonds curity, and we can strengthen it well four years, the budget caps that were the es- sence of the 1990 budget agreement and that would guarantee that they add to national into the future. A part of the solution are the basis of the CBO’s forecast of the fu- saving instead of being dissipated in new is as simple as it is powerful. ture budget surpluses. That $40 billion would government spending. Dr. Martin Feldstein, a professor of be half of the CBO’s total projected surplus A system of accounts based on 2% of earn- economics at Harvard University and for the next four years. In addition to these ings would accumulate some very significant the President of the prestigious Na- explicit new spending plans, the president totals, providing the only way in which tional Economic Research Bureau, has has several spending initiatives dressed up as many low- and middle-income households targeted tax reductions (e.g., ‘‘a school con- might ever accumulate some personal proposed using budget surpluses to wealth. Based on the historical average re- fund personal retirement accounts for struction tax cut to help communities’’). By an amazing feat of inside-the-Beltway turn on a portfolio of stocks and bonds (5.5% working Americans. In November of logic, Mr. Clinton claims that this jump in a year before personal taxes), a couple that 1997, and then again last month, Dr. spending would be consistent with his pro- earns $60,000 a year (in 1998 dollars) and con- Feldstein published two op-eds outlin- posal to ‘‘reserve 100% of the surplus’’ for So- tributes 2% of that each year from age 30 to ing his proposal in the Wall Street cial Security. The trick is his plan to intro- 65 would accumulate $125,000 at age 65, Journal. I ask unanimous consent that duce new taxes on cigarette smokers, high- enough to finance a $10,000-a-year annuity the February op-ed be entered into the income individuals and corporations. Since for 20 years. In the aggregate, such annuity payments would equal 17% of the Social Se- RECORD. those taxes have not yet been enacted, they are not reflected in the projected budget sur- curity benefits implied for the year 2030 in There being no objection, the mate- current law and 40% of the benefits implied rial was ordered to be printed in the pluses. Mr. Clinton can therefore propose to spend those future tax dollars while tech- for 2050. RECORD, as follows: nically claiming that he is not spending any That has important implications for the LET’S REALLY SAVE SOCIAL SECURITY of ‘‘the surplus’’! Of course, those who are as long-term solvency of the Social Security (By Martin Feldstein) concerned about the future of Social Secu- system. Following a suggestion of Sen. Phil ‘‘Despite Mr. Clinton’s rhetoric, all his rity as Mr. Clinton claims to be might won- Gramm (R., Texas), the Personal Retirement budget ‘reserves’ for Social Security is der why he wouldn’t ‘‘reserve’’ the additional Account-funded annuities could be ‘‘inte- what’s left after other spending and tax cuts tax revenues as well as the existing projected grated’’ explicitly with Social Security bene- chew up the projected budget surpluses.’’ surpluses. fits so that traditional Social Security bene- President Clinton highlighted Social Secu- It also takes a highly nuanced construc- fits are reduced by a dollar for every two dol- rity in the resounding rhetoric of his State tion of language to reconcile Mr. Clinton’s lars that individuals receive from their Per- of the Union address—and again in a speech big new spending plans with his call in the sonal Retirement Accounts. That would yesterday—but completely ignored it in the State of the Union to ‘‘approve only those leave individuals with more retirement in- budget proposals he then presented to Con- priorities that can actually be accomplished come while reducing the payroll-tax in- gress. Despite the president’s calls to use the without adding a dime to the deficit’’. In creases that would otherwise be needed to fi- projected budget surpluses to ‘‘save Social truth, every one of his new spending propos- nance future benefits. Security first’’, there is nothing in his budg- als would add to the deficit. But combined CLEAR OPPORTUNITY et to improve Social Security’s finances or with enough new taxes, there need be no in- There are many changes that can be made to enhance future retirement incomes. crease in the deficit. That is the nature of to help Social Security weather the surge in S1768 CONGRESSIONAL RECORD — SENATE March 11, 1998 benefit outlays when the baby boomers begin Creating these accounts will give the ees. TSP is a unique institution. Each to retire, about a decade from now. The four majority of Americans who do not own Federal employee has an account, and regional forums on overhauling Social Secu- any investment assets a new stake in can allocate their investments among rity that Mr. Clinton announced yesterday, as well as the bipartisan summit he says he America’s economic growth—because three options—a stock index fund that plans to call a year from now, can grapple that growth will be returned directly mirrors the S&P 500; a bond fund, with those tough choices. to their benefit. More Americans will largely invested in corporate bonds; But the projected budget surpluses now be the owners of capital—not just and a Government bond fund that in- provide the clear opportunity for a simple workers. vests in T-bills. The Thrift Board is legislative action that would help all work- Creating these accounts will dem- now planning to add two other funds. ing people, raise national saving and contain onstrate to all Americans the power of Last year, we looked closely at the the rise in future payroll taxes. With the president’s support, this can be done quickly, saving—even small amounts—and how Federal Employees Health Benefit Plan before the opportunity to do so is destroyed savings may grow over time. Ameri- (FEHBP) as a model to reform Medi- by the pressures that will otherwise dis- cans today save less than people in al- care by providing more private choices sipate the projected surpluses. A bipartisan most every other country. And even in health insurance. The lessons of effort could actually turn Mr. Clinton’s rhet- this low private savings rate has de- FEHBP were invaluable. So, too, I be- oric into a serious plan to save Social Secu- clined from 4.3 in 1996 (as a share of lieve we can adapt the Federal Thrift rity and protect future retirement incomes. after-tax income) to 3.8 percent in 1997. Savings Plan as a model for Social Se- Mr. ROTH. In his State of the Union And creating these accounts will help curity personal investment accounts. Address, President Clinton promised to Americans to better prepare for retire- Mr. President, I want to respond to ‘‘Save Social Security First’’ with the ment generally. According to the Con- two specific concerns I have heard budget surpluses. At the time, he said gressional Research Service, 60 percent raised about personal investment ac- that the surpluses were at least 2 years of Americans are not actively partici- counts. First, that some people will off. The good news—what makes now pating in a retirement program other have great investment performance, such a timely moment in history—is than Social Security. A recent survey others miserable. We can surely avoid that the surpluses are not two years by the Employee Benefits Research In- that. The funds of the Federal Thrift off, but will begin this year, according stitute found that only 27 percent of Savings plan have had excellent per- to the Congressional Budget Office. working Americans have any idea of formance, while remaining conserv- In other words, we have the oppor- what they will need to save in order to ative investments. Indeed, I am very tunity to begin almost immediately to retire when and how they want. Per- sensitive to the issue that investments use budget surplus to fund personal re- sonal retirement accounts will help should be handled in a responsible fash- tirement accounts for Americans. How Americans better understand retire- ion—and I think we do that with even far will this go? CBO estimates that ment planning. more choices than offered by the Fed- the cumulative budget surplus over the Lastly, these accounts may point the eral plan. next eleven years—from 1998 though way to a permanent solution to Social The second concern is that the pro- 2008—will be $679 billion. That equals Security’s problems. We do not need gressive nature of Social Security ben- about 1.4 percent of the taxable payroll fixes for a few years or a few decades— efits will be lost with personal invest- that would be collected over this same but solutions that have more perma- ment accounts. I believe we can con- period. Now, 1.4 percent of a person’s wages nent promise. It was just 15 years ago— struct a system that benefits low-wage might not sound like much. But look in 1983—that we fixed Social Security workers, and I am committed to that. at what happens if we follow Dr. Feld- for 75 years—to about 2058. But again The bottom line is that by using the stein’s recommendation and use the Social Security is in trouble. budget surplus to create personal in- Madam President, let me also note budget surpluses to create retirement vestment accounts, we will go a long accounts for Americans. According to a that other choices will be far less at- way toward providing a workable and report published by the Congressional tractive to keep the promise of Social very attractive solution to the chal- Research Service on March 4, for an av- Security, for example, we cannot count lenges facing Social Security. We will erage wage worker—someone who is 40 on tax hikes. To fix Social Security do it without compromising the cur- today and making about $27,000 in would require a huge, 50-percent in- rent system. And we will do it in a way 1998—just 1 percent put annually into a crease in the payroll tax over the next that places us square on the course to stock account based on the historical 75 years. And today’s tax is already a long-term opportunity for all Ameri- return of the S&P 500 could equal 10 burden for many families. Forty-one cans. percent of that individual’s projected percent of families pay more in Social Promises made are promises that Social Security benefit over the next 25 Security taxes than income taxes, and should be kept. As chairman of the years. if you factor in employer Social Secu- Senate Finance Committee, I feel the Let me repeat that. Investing just 1 rity taxes—which economists tell us responsibility of making sure Social percent of a 40-year-old worker’s in- are really forgone wages—80 percent of Security remains strong and viable in come in a retirement account will grow Americans pay more in Social Security the lives of those who depend on it. to equal a full 109 percent of his or her than income taxes. And let us remem- Today, we have an irreplaceable oppor- Social Security benefit! For someone ber Social Security taxes are on the tunity to do this. younger—say 25 and who has even more first dollar of income—no deductions, Personal retirement accounts—fund- time to earn interest—1 percent could no exemptions. ed by budget surpluses—can both re- equal almost 27 percent of their future Indeed, in a speech last month at turn real benefits to working Ameri- Social Security benefit. Georgetown University on Social Secu- cans and demonstrate how to fix the Indeed, all Americans can figure out rity, the President promised not to un- problems of Social Security. There are what 1.4 percent of their wages will be fairly burden the next generation—who still a number of technical questions over the next 10 years, and then ask will be supporting tomorrow’s Social we need to answer in developing per- themselves how that might grow in 10 Security beneficiaries. Tax hikes would sonal retirement accounts legislation or 20 years. do that. that can pass Congress this year. To- Using budget surpluses to create re- One way to establish and manage ward this end, I will continue to work tirement accounts represents an excel- these new personal retirement ac- with my staff, and I welcome the views lent first step toward shoring up Social counts is to follow a proven model—the and advice of colleagues on both sides Security for the long run. This would Federal Thrift Savings Plan. Back in of the aisle. be a new program in addition to the 1983, when I was then chairman of the f current Social Security program. By Committee on Governmental Affairs, establishing these accounts this year, the retirement program for Federal NATO it will allow us to demonstrate their employees needed to be revamped. Mr. ROTH. Madam President, I rise value—their potential—in providing re- One of the new elements we added today to respond to the charge that has tirement benefits for working Ameri- was the Federal Thrift Savings Plan been made in a number of newspapers cans in the years to come. (TSP), managed by a Board of Trust- over the last week—and particularly by March 11, 1998 CONGRESSIONAL RECORD — SENATE S1769 the New York Times—that the public, STATE SENATES leagues a letter I recently received Congress, and the Senate, in particu- California from Dr. Zbigniew Brzezinski, a former lar, has paid inadequate attention to Connecticut National Security Advisor. In part, Dr. the policy of NATO enlargement. Delaware Brzezinski wrote: Few issues of national security have Georgia Illinois Without the security that the Euro-Atlan- been as extensively examined as NATO Massachusetts tic Alliance has provided, the Franco-Ger- enlargement. It has been the topic of Michigan man reconciliation—so central to Europe’s countless editorials and opinion pieces New Jersey peace—would never have taken place. With- in national and local papers. Over the Pennsylvania out NATO, the ongoing German-Polish Rec- last two years some fifteen states, in- Rhode Island onciliation would not be happening. With cluding the First State, Delaware, have South Carolina NATO enlarged, a genuine reconciliation be- tween the former Soviet satellites and Rus- passed resolutions endorsing NATO en- STATE HOUSE OF REPRESENTATIVES sia will be both truly possible and likely. largement. This policy has been for- Colorado The fact is that a larger NATO—by resolv- mally endorsed by countless civic, pub- Illinois ing the fateful European dilemma posed by lic policy, political, business, labor, Michigan the disproportionate power of Germany and and veterans organizations. New Jersey of Russia, a dilemma the Europeans have not I ask unanimous consent that a list GOVERNOR’S OFFICES been able to resolve on their own—will cre- of these organizations be printed in the Florida ate a secure framework for a more com- prehensive reconciliation in Europe. RECORD. Illinois There being no objection, the list was Michigan Denmark, Norway and Canada have al- New Mexico ready ratified NATO enlargement. Germany ordered to be printed in the RECORD, as Ohio is poised to do so very soon. Hesitation or follows: Puerto Rico delay by America, not to speak of rejection, POPULAR SUPPORT FOR NATO ENLARGEMENT Mr. ROTH. Congress, in particular, would gravely undermine confidence in U.S. MILITARY/VETERANS ORGANIZATIONS Leadership while strengthening those who has led the charge for NATO enlarge- want to cut down U.S. Influence in Eu- AMVETS ment. Its committees have examined in rope. . . . The American G.I. Forum detail the military, intelligence, for- The American Legion And Dr. Brzezinski added, eign policy, and budgetary implica- Association of the U.S. Army (AUSA) I hate to think what message it would send Jewish War Veterans of the United States tions of this long overdue initiative. Since last July alone, twelve hearings to the 100 million Central Europeans who of America only recently recovered their freedom. Marine Corps League have been conducted on NATO enlarge- National Guard Association of the United ment by the Senate committees on Dr. Brzezinski’s letter—which I will States Foreign Relations, Armed Services Ap- submit for the RECORD—not only en- Polish Legion of American Veterans, USA propriations, and Budget. The Senate capsulates the need for an enlarged Reserve Officers Association of the United NATO, it also reminds us how that this States (ROA) NATO Observer Group, which I chair with Senator JOSEPH R. BIDEN, has con- chamber’s impending debate and vote Veterans of Foreign Wars of the United on NATO enlargement will reverberate States (VFW) vened 17 times with, among others, the throughout the transatlantic region. CIVIC, POLICY AND POLITICAL ORGANIZATIONS President, the Secretaries of State and I ask unanimous consent that the Council of State Governments Defense, NATO’s Secretary General, letter be printed in the RECORD. National Governors’ Association and the leaders of the three invitee New Atlantic Initiative countries. There being no objection, the letter U.S. Committee to Expand NATO Madam President, allow me to single was ordered to be printed in the U.S. Conference of Mayors out Senator HELMS, the chairman of RECORD, as follows: RELIGIOUS/HUMAN RIGHTS ORGANIZATIONS the Committee on Foreign Relations, CENTER FOR STRATEGIC AND American Jewish Committee for his outstanding set of eight hear- INTERNATIONAL STUDIES, Anti-Defamation League of B’nai B’rith ings on this initiative. He and his col- Washington, DC, March 4, 1998. Hungarian Human Rights Foundation leagues on the Committee have pro- Hon. WILLIAM ROTH, Jewish Institute for National Security Af- duced a hearing report of some 600 U.S. Senate, Washington, DC. fairs DEAR BILL: Let me share two thoughts re- pages addressing all the pro and con ar- garding the forthcoming vote on NATO en- ETHNIC-AMERICAN ORGANIZATIONS gument over NATO enlargement. And, largement: Central and East European Coalition I urge my colleagues to take time to 1. Without the security that the Euro-At- American Latvian Association examine the committee report released lantic alliance has provided, the Franco-Ger- Armenian Assembly of America last week. man reconciliation—so central to Europe’s Belarussian Congress Committee of Amer- This examination, in my view, has peace—would never have taken place. With- ica yielded unambiguous conclusions: The out NATO, the ongoing German-Polish rec- Bulgarian Institute for Research and Anal- onciliation would not be happening. With ysis extension of NATO membership to Po- land, the Czech Republic, and Hungary NATO enlarged, a genuine reconciliation be- Congress of Romanian Americans, Inc. tween the former Soviet satellites and Rus- Czechoslovak National Council of America will make the Alliance stronger. It will sia will be both truly possible and likely. Federation of Polish Americans eliminate immoral and destabilizing The fact is that a larger NATO—by resolving Estonian National Council of America dividing lines in Europe—divisions im- the fateful European dilemma posed by the Estonian World Council, Inc. posed by Stalin and perpetuated by the disproportionate power of Germany and of Georgian Association in the U.S.A., Inc. cold war. And, it will expand an inclu- Russia, a dilemma the Europeans have not Hungarian American Coalition been able to resolve on their own—will cre- Joint Baltic American National Commit- sive zone of peace, democracy and sta- bility in Europe to the benefit of the ate a secure framework for a more com- tee prehensive reconciliation in Europe. Lithuanian American Community, Inc. United States and to all countries of 2. Denmark, Norway, and Canada have al- National Federation of American Hungar- Europe, including Russia. ready ratified NATO enlargement. Germany ians It is no surprise—indeed a matter of is poised to do so very soon. Hesitation or Polish American Congress pride—that the Senate has legisla- delay by America, not to speak of rejection, Slovak League of America tively recommended NATO enlarge- would gravely undermine confidence in U.S. Ukrainian Congress Committee of Amer- ment some fourteen times over the last leadership while strengthening those who ica, Inc. want to cut down U.S. influence in Europe. I Ukrainian National Association, Inc. 4 years. Perhaps, we should be asking can just hear the crowing that would follow U.S.-Baltic Foundation ourselves how can we ensure that all dimensions of U.S. national security in Moscow, and maybe even also in Paris! BUSINESS-LABOR ORGANIZATIONS And I hate to think what message it would policy receive this much public atten- AFL–CIO send to the 100 million Central Europeans United States-European Union-Poland Ac- tion and endorsement? who only recently recovered their freedom. tion Commission Before I yield the floor, I want to With best regards, International Union of Bricklayers and Al- echo these conclusions on NATO en- Sincerely, lied Craftworkers largement by sharing with my col- ZBIGNIEW BRZEZINSKI. S1770 CONGRESSIONAL RECORD — SENATE March 11, 1998 UNIVERSITY OF DELAWARE six hundred thirty-one million, forty Johnsville Naval Air Development Cen- ‘‘FIGHTING BLUE HENS’’ thousand, ninety-two dollars and nine- ter in Warminster, Bucks County, Mr. ROTH. Madam President, the ty-one cents). Pennsylvania. NCAA tournament is called by some One year ago, March 10, 1997, the fed- Her business career includes serving the ‘Big Dance’ because only 64 teams eral debt stood at $5,354,330,000,000 as controller and office manager of are invited each year. This year, I am (Five trillion, three hundred fifty-four Philadelphia’s prestigious Germantown proud to say one of those teams is the billion, three hundred thirty million). Cricket Club for 13 years; controller of Fighting Blue Hens from the Univer- Five years ago, March 10, 1993, the a construction company, plus manager sity of Delaware—the 1998 champions federal debt stood at $4,208,636,000,000 of two of its high rise apartment build- of the America East Conference. The (Four trillion, two hundred eight bil- ings for 10 years; and manufacturers’ Blue Hens put together a remarkable 20 lion, six hundred thirty-six million). representative for paper container win season culminating last Saturday Ten years ago, March 10, 1988, the companies for five years. She recently in a win over Boston University to federal debt stood at $2,481,157,000,000 retired as an international marketing clinch a spot in the tournament. (Two trillion, four hundred eighty-one representative of a major computer Coach Mike Brey and his team should billion, one hundred fifty-seven mil- manufacturer. be proud of their excellent season. lion). Her husband, Joseph, was Pennsyl- Fifteen years ago, March 10, 1983, the Now some will say that the odds are vania American Legion Commander in federal debt stood at $1,224,513,000,000 long because the Blue Hens are seeded 1991–1992. The two live in Horsham, (One trillion, two hundred twenty-four 15th and their opponent is seeded 2nd. Montgomery County, Pennsylvania. billion, five hundred thirteen million) Madam President, I congratulate But I remind you, more than 200 years which reflects a debt increase of more Commander Louise Chase for her serv- ago, another group of men from Dela- than $4 trillion—$4,301,118,040,092.91 ice to the veterans of Pennsylvania. I ware faced some steep odds themselves. (Four trillion, three hundred one bil- am certain that the Testimonial Din- Back then, the number one seed was lion, one hundred eighteen million, ner being held in her honor on April 18, the Red Coats. forty thousand, ninety-two dollars and 1998 will be a fitting tribute to her Facing off against the Red Coats was ninety-one cents) during the past 15 years of service to The American Le- a company of men from Delaware re- years. gion, veterans, and to her country. cruited by Captain Jonathan Caldwell. They quickly became known as the f f Blue Hens because their fighting abil- TRIBUTE TO LOUISE CHASE, COM- ADVOCACY OF THE DIGITAL COPY- ity was said to rival that of a famous MANDER OF THE AMERICAN LE- RIGHT CLARIFICATION AND fighting blue hen. They fought well and GION, DEPARTMENT OF PENN- TECHNOLOGY EDUCATION ACT hard in battles from Long Island and SYLVANIA OF 1997 White Plains to Trenton and Prince- Mr. SPECTER. Madam President, on Mr. ASHCROFT. Madam President, I ton. April 18, 1998, the Pennsylvania Amer- rise today to talk about the role of Two hundred years ago somebody ican Legion will honor its State Com- government in the technology sector. picked a fight with the Blue Hens and mander, Louise Chase, a World War II Two things can be predicted with con- they were sent home packing. Don’t be Navy veteran, who was elected Com- fidence about congressional meddling surprised if it happens again. mander at the conclusion of the 79th in this sector of the economy. First, f convention on July 20, 1997. She is the legislation will be obsolete on the day it is passed. Second, it will hurt con- U.S. FOREIGN OIL CONSUMPTION first woman commander of the Depart- sumers, students, teachers, workers, FOR WEEK ENDING MARCH 6TH ment of Pennsylvania in its 80 year his- tory. shareholders, and the economy. if Con- Mr. HELMS. Madam President, the In 1979, Commander Louise Chase was gress had helped set up the automobile American Petroleum Institute reports elected as the Department of Penn- industry, there still might be a livery that for the week ending March 6, the sylvania’s first woman vice com- stable in every town, and buggy whip U.S. imported 7,700,000 barrels of oil mander. She has served twice as Dis- factories in large cities. America’s dy- each day, 190,000 barrels more than the trict Commander. Her Legion service namic, world-leading computer indus- 7,510,000 imported each day during the also includes terms as Adjutant of try must be kept free of regulation by same week a year ago. Philadelphia County and the Eastern slow-moving federal bureaucrats who Americans relied on foreign oil for Judicial Section, two terms as Post cannot possibly understand or keep 54.9 percent of their needs last week, Commander and 12 years as Adjutant of pace with the most dynamic sector of and there are no signs that the upward Tioga Post 319. She has also served as the economy. spiral will abate. Before the Persian the organization’s state legislative Taken together, these developments Gulf War, the United States obtained chairman and twice as chairman of the highlight the need for Congress to step approximately 45 percent of its oil sup- Select Committee on Economics and back and draft with care the necessary ply from foreign countries. During the Benefits, as well as chairman of several legislation to extend copyright protec- Arab oil embargo in the 1970s, foreign other committees. tions to those who develop content for oil accounted for only 35 percent of She is one of only two Pennsylvania the digital age, instead of blindly rac- America’s oil supply. Legionnaires to have served on com- ing ahead to enact a Clinton Adminis- Anybody else interested in restoring mittees of the two National Conven- tration proposal supported by major domestic production of oil? By U.S. tions held in Pennsylvania. She served Hollywood interests. producers using American workers? for 16 years as the Eastern Regional Consider the consequences. Last Politicians had better ponder the Vice Chairman of the United States year, Americans purchased 11 million economic calamity sure to occur in Service Academies Selection Commit- PCs and 16.8 million VCRs. This year, America if and when foreign producers tee for Senators John Heinz and Harris another 12.6 million PCs and 16.6 mil- shut off our supply—or double the al- Wofford. lion VCRs are expected to be purchased ready enormous cost of imported oil Commander Chase served in the U.S. in the United States. These devices flowing into the U.S.—now 7,700,000 Navy, with duty posting in Washing- enjoy great popularity. At least one barrels a day. ton, D.C. during World War II. VCR is found in 90 million homes and f Her family has a long tradition of at least one PC is found in 42 million service to America dating from the homes, specifically because of the con- THE VERY BAD DEBT BOXSCORE Civil War, including her brother Tom venience, entertainment and efficiency Mr. HELMS. Madam President, at who saw sea duty with the U.S. Navy they bring. They are popular precisely the close of business yesterday, Tues- off Cuban waters during the Cuban Mis- because they are useful and techno- day, March 10, 1998, the federal debt sile Crisis. Her late father personally logically advanced. Nonetheless, a stood at $5,525,631,040,092.91 (Five tril- worked with the original astronauts House subcommittee specifically re- lion, five hundred twenty-five billion, while they were in training at the jected an amendment that would have March 11, 1998 CONGRESSIONAL RECORD — SENATE S1771 assured consumers access to the next view, the Ashcroft-Boucher-Campbell technological innovation in small en- generation of these products. bills get the balance right.’’ trepreneur workshops and clean-room This isn’t the first time someone has Second, just one day later, in a major factories; it will create new edu- tried to stop the advance of new tech- blow to consumers and the high-tech cational opportunities in brick school- nology. In the mid 1970s, for example, a community, a House subcommittee houses and family living rooms; and it lawsuit was filed in an effort to block voted out legislation that would make will help preserve deteriorating manu- the introduction of the Betamax video it illegal to produce or even possess fu- scripts in your local library and the na- recorder. At that time, representatives ture generations of VCRs and personal tion’s largest universities. of Hollywood declared that the VCR computers. Faced squarely with the The Digital Copyright Clarification would destroy their business. They question of whether the next genera- and Technology Education Act will en- could not have been more wrong. Last tion of products found in virtually courage the use of computers and other year video tape rentals accounted for a every home in America should be new high-tech products to foster edu- $16 billion portion of the entertainment deemed unlawful ‘‘circumvention’’ de- cational opportunities for everyone market. Indeed, people in the movie in- vices, a majority of the subcommittee from children to senior citizens. Twen- dustry have stated that video sales voted for the interests of copyright ty-two years ago, Congress recognized often make a movie profitable, and owners over the interests of consumers that television could connect teachers some movies are produced exclusively and the computer companies that have in one part of town to students in an- for the home rental market. The movie done so much to make our country the other part of town. Today, technology industry has not learned from history. technology leader of the world. The same doomsayers are at it again, The Subcommittee vote endangers has moved forward and has provided decrying the lawful use of products by both the liberties that consumers now this country with fantastic new oppor- consumers. Their rhetoric has been up- enjoy and the vitality of the tech- tunities. We need to update the law so dated for the digital age, but their mes- nology industry, which has been the that schools may use computers to sage remains the same. premiere engine for growth in the bring the world into the classroom and This is an important debate that is United States. This approach also sug- the classroom into the home. currently taking place in the Congress gests the tendency of Congress to ‘‘fix This legislation will ensure librarians and that is the discussion regarding first, ask questions later.’’ The bill and archivists may use the latest high- how best to update the copyright laws demonstrates the dangers of fixing tech equipment to preserve deteriorat- for the digital age. In particular, I what we do not understand. Now is the ing books, manuscripts, and works of want to bring to the attention of my time to draw a bright line against fed- art for future genrations to enjoy. New colleagues two significant develop- eral regulation of the computer indus- digital technology can enhance the ments that occurred in the last weeks, try. Washington must not start down educational experience and preserve and to urge you to join as cosponsors of the road of dreaming up regulations to our shared culture and history far into S. 1146, the Digital Copyright Clarifica- fix problems that may or may not the future. Library patrons and stu- tion and Technology Education Act of exist. dents shouldn’t be consigned to out- 1997. I think it useful to recall what the moded equipment when exciting new In order to help focus the debate on Supreme Court had to say in ruling for digital products are on the horizon. the best way to update the copyright consumers and against two movie stu- S. 1146 will guarantee that the cen- laws for the digital era, I introduced S. dios in that case: turies-old ‘‘fair use’’ rights of students, 1146 in September. This legislation is a ‘‘One may search the Copyright Act library patrons, scholars, and consum- comprehensive effort to address three in vain for any sign that the elected ers will continue to be recognized in broad areas of critical importance to representatives of the millions of peo- the new digital era of the Internet. the future of the Internet: (1) the scope ple who watch television every day of copyright liability for on-line and have made it unlawful to copy a pro- In addition the legislation will en- Internet service providers; (2) the use gram for later viewing at home, or courage personal computer manufac- of computers by teachers, librarians, have enacted a flat prohibition against turers and software developers to cre- and students to foster distance learn- the sale of machines that make such ate new products which promote the ing opportunities and to promote the copying possible.’’ productivity of Americans across the preservation of important historical As someone who filed an independent country. Innovators shouldn’t be works and resources; and (3) the proper brief in the Supreme Court as the Mis- threatened with criminal penalties for implementation of two international souri Attorney General in support of bringing exciting new products to mar- copyright treaties. Subsequently, Rep- the right of consumers to buy that first ket. Instead, they should be encour- resentatives RICK BOUCHER and TOM generation of VCRs, I want to reassure aged to develop new products that will CAMPBELL introduced a similar com- consumers across the country that I add enjoyment and convenience to our prehensive bill in the House (H.R. 3048) will fight against legislation that lives, while creating good new jobs for to foster the growth of the Internet for would ban the next, exciting genera- American workers. the benefit of everyone in society. tion of technology. Finally, we will encourage the Two important developments took What kind of a bill should we con- growth of the Internet by eliminating place in the past two weeks that under- sider? One that looks to the future. the threat of certain copyright in- score the importance of a comprehen- Above all, one that maintains the bal- fringement lawsuits that telephone sive approach to updating the copy- ance the professors of intellectual companies, service providers, and oth- right laws. First, on February 25th, 40 property and technology law have re- ers face in helping consumers connect distinguished professors of intellectual minded us is at the core of our great to the World Wide Web. property law and technology law said copyright tradition and protection of in a letter to the Chairmen of the Sen- property. The House subcommittee bill Technology won’t stand still. We ate and House Judiciary Committees would make it all but impossible for need to move forward with the consid- that they believe these two bills, S. someone to make a fair use of a copy- eration of copyright legislation that 1146 and H.R. 3048, ‘‘taken together, righted work, even though a fair use promotes new technology, while pro- would bring U.S. law into compliance exception has been a fixture of copy- tecting intellectual property rights. In with the WIPO treaties while preserv- right law from the beginning. What is doing so we must be diligent in looking ing the principle of balance which is at more, the bill would actually make it to the future, not to the past, or to in- the heart of the American copyright illegal to make a copy of a portion of a terests that would halt innovation to tradition.’’ They went on to say: ‘‘At protected work for fair use in certain serve their own parochial concerns. this crucial moment in the history of circumstances. This is not balance. At this critical juncture in history, American intellectual property law, it This is a blank check payable to Holly- we need to be sure we get it right. We is important that Congress do neither wood. can only do so by maintaining the bal- too much nor too little to bring copy- Unlike the bill starting to move ance that has served our country so right law into the digital era. In our through the House, S. 1146 will spur well and for so long. S1772 CONGRESSIONAL RECORD — SENATE March 11, 1998 MESSAGES FROM THE PRESIDENT REPORTS OF COMMITTEES STATEMENTS ON INTRODUCED Messages from the President of the The following reports of committees BILLS AND JOINT RESOLUTIONS United States were communicated to were submitted: By Mr. DEWINE: the Senate by Mr. Williams, one of his By Mr. HELMS, from the Committee on S. 1741. A bill to provide for teacher secretaries. Foreign Relations, without amendment and training facilities; to the Committee EXECUTIVE MESSAGES REFERRED with a preamble: on Labor and Human Resources. As in executive session the Presiding S. Res. 187. A resolution expressing the THE TEACHER QUALITY ACT OF 1998 sense of the Senate regarding the human Officer laid before the Senate messages Mr. DEWINE. Mr. President, I rise rights situation in the People’s Republic of today to express some serious concerns from the President of the United China. States submitting a withdrawal and about what I believe amounts to a cri- sundry nominations which were re- f sis in teacher education in the United States. This year, we will consider the ferred to the appropriate committees. EXECUTIVE REPORTS OF (The nominations received today are reauthorization of the Higher Edu- COMMITTEES cation Act of 1965. Therefore, it is ap- printed at the end of the Senate pro- propriate that we not focus on the ceedings.) The following executive reports of committees were submitted. issue of improving teacher training in f By Mr. JEFFORDS, from the Committee on the United States. Labor and Human Resources: We have to look to new ideas and REPORT OF A PRESIDENTIAL DE- Richard M. McGahey, of New York, to be programs—programs that will help re- TERMINATION (98–17) RELATIVE an Assistant Secretary of Labor. store America as an academic power. I TO VIETNAM—MESSAGE FROM (The above nomination was reported believe that we must act immediately THE PRESIDENT—PM 110 with the recommendation that he be to find solutions for this crisis, because The PRESIDING OFFICER laid be- confirmed, subject to the nominee’s our children are suffering very serious fore the Senate the following message commitment to respond to requests to consequences. Today, I will be offering from the President of the United appear and testify before any duly con- two pieces of legislation that will serve as the first steps in addressing the fu- States, together with an accompanying stituted committee of the Senate.) report; which was referred to the Com- ture of teacher training and teacher f mittee on Finance: certification. Before I offer a description of the new To the Congress of the United States: INTRODUCTION OF BILLS AND legislation, Mr. President, I call my Pursuant to section 402(c)(2)(A) of the JOINT RESOLUTIONS colleagues attention to these alarming Trade Act of 1974, as amended (the The following bills and joint resolu- statistics: 36% of those now teaching ‘‘Act’’), I have determined that a waiv- tions were introduced, read the first core subjects (English, math, science, er of the application of subsections 402 and second time by unanimous con- social studies, foreign languages) nei- (a) and (b) with respect to Vietnam will sent, and referred as indicated: ther majored nor minored in those sub- substantially promote the objectives of By Mr.DEWINE: jects. A study conducted by the Na- section 402. A copy of that determina- S. 1741. A bill to provide for teacher train- tional Commission on Teaching and tion is attached. I also have received ing facilities; to the Committee on Labor America’s Future revealed, and I’m assurances with respect to the emigra- and Human Resources. quoting from a summary of the report: tion practices of Vietnam required by By Mr. DEWINE (for himself, Mr. More than one-quarter of newly hired pub- section 402(c)(2)(B) of the Act. This COATS, Mrs. HUTCHISON, Mr. SMITH of lic school teachers in 1991 lacked the quali- message constitutes the report to the Oregon, and Ms. COLLINS): fications for their jobs, and nearly one- S. 1742. A bill to improve the quality of in- Congress required by section 402(c)(2). fourth of all secondary teachers did not even dividuals becoming teachers in elementary have a minor in their main teaching field. Pursuant to subsection 402(c)(2) of and secondary schools, to make the teaching The Commission also found that, the Act, I shall issue an Executive profession more accessible to individuals order waiving the application of sub- who wish to start a second career, to encour- quote: sections (a) and (b) of section 402 of the age adults to share their knowledge and ex- 56% percent of high school students taking perience with children in the classroom, to physical science were being taught by out-of- Act with respect to Vietnam. field teachers, as were 27% of those taking WILLIAM J. CLINTON. give officials the flexibility the officials need to hire whom the officials think can do the mathematics and 21% of those taking THE WHITE HOUSE, March 9, 1998. best job, and for other purposes; to the Com- English. The least qualified teachers were f mittee on Labor and Human Resources. most likely to be found in high-poverty and By Mr. SPECTER (by request): predominantly minority schools and in MESSAGES FROM THE HOUSE S. 1743. A bill to amend title 38, United lower-track classes. In fact, in schools with States Code, to authorize memorialization of the highest minority enrollments, students At 11:16 a.m., a message from the deceased spouses and surviving spouses of had less than a 50% chance of getting a House of Representatives, delivered by veterans and deceased members of the Armed science or mathematics teacher who held a Mr. Hays, one of its reading clerks, an- Forces whose remains are not available for license and a degree in the field he or she taught. nounced that the House has passed the interment; to the Committee on Veterans following bill, without amendment: Affairs. Mr. President, this is a travesty—on S. 1744. A bill to redesignate the title of a truly national scale. No wonder stu- S. 419. An act to provide surveillance, re- the National Cemetery System and the posi- dents are doing so poorly on standard- search, and services aimed at prevention of tion of the Director of the National Ceme- birth defects, and for other purposes. ized tests. If the teacher does not un- tery System; to the Committee on Veterans derstand the subject he or she is teach- The message also announced that Affairs. ing, then certainly the students will pursuant to clause 6(f) of rule X, the S. 1745. A bill to amend title 38, United not learn what they need to know. It is Chair removes the gentleman from States Code, to provide flexibility in the order in which the Board of Veterans’ Ap- inexcusable that in a country as power- Iowa, Mr. LEACH, as a conferee on H.R. peals hears and considers appeals; to the ful and wealthy as the United States, 1757 and appoints the gentleman from Committee on Veterans affairs. that we do not give our children the Indiana, Mr. BURTON, to fill the va- S. 1746. A bill to amend title 38, United best academic resources available. The cancy. States Code, to remove a statutory provision United States will not remain a world The message further announced that requiring a specified number of full-time leader unless we turn this around, and the House has agreed to the following equivalent positions in the VA’s Office of In- start preparing our children for the fu- concurrent resolution, in which it re- spector General; to the Committee on Veter- ture. quests the concurrent resolution: ans Affairs. The process by which we train our By Mr. GRASSLEY (for himself, Mr. teachers needs to be reformed—and I H. Con. Res. 206. Concurrent resolution per- REID, and Mr. KERREY): mitting the use of the rotunda of the Capitol S. 1747. A bill to amend the Internal Reve- believe that there is a strong biparti- for a ceremony as part of the commemora- nue Code of 1986 to provide for additional san consensus to support an effort for tion of the days of remembrance of victims taxpayer rights and taxpayer education, no- reform. Recently, I received a memo- of the Holocaust. tice, and resources, and for other purposes. randum that was signed by members of March 11, 1998 CONGRESSIONAL RECORD — SENATE S1773 the Center for Education Reform, Em- SAT and ACT exams than those in vir- trict, and the Oak Hills School Dis- power America, the Education Leaders tually all other programs of study. trict. The Mayerson Academy has ad- Council, Hudson Institute, Progressive Federal funds that are set aside for vanced labs on how to learn math. Policy Institute, Brookings Institu- teacher training should be made avail- Classes on how to use computers. So- tion, and Heritage Foundation that ex- able to any program that trains teach- cratic discussions on how to organize pressed bipartisan interest in strength- ers—as long as the program is held ac- and manage. Teachers can take advan- ening the Federal role in teacher re- countable for producing students that tage of core courses, through which cruitment and preparation. I was im- can demonstrate subject matter com- they can earn graduate-level equiva- pressed that members of each of these petence in the classes that they plan to lency credits, or take one-time special- diverse groups can all agree that there teach. All teacher-training programs topic ‘‘action labs.’’ The Mayerson must be some serious change in the should be held accountable for results: Academy also utilizes all the latest current teacher education system. producing teachers who know their breakthroughs in technology to get The Progressive Policy Institute has subject well and know how to teach it. their message out across the country urged: Their results are what matter, not through the use of distance learning in- * * * that the President and his advisors re- their intentions or their resources or struction. Teachers in Cincinnati Pub- main faithful to the most important achieve- their requirements, or their accredita- lic Schools are eligible for a $750 raise ment in education policy: redefining the goal tion. after 100 hours of training—and it of school reform as results, not regulation. The Federal government can assist The Progressive Policy Institute also wrote counts toward Ohio’s mandatory con- that instead of spending federal dollars to the states by forgiving student loans or tinuing education requirement for a hire more teachers and support schools of offering other financial incentives for teaching license. education under the existing system, the Ad- well-educated people who teach in The Mayerson Academy raised its ministration should encourage states to open hard-to staff schools. start-up funds from generous private up the teaching profession to talented indi- For example, I introduced legislation contributions from local banks, private viduals who can demonstrate mastery of the last year that would provide loan for- foundations, and businesses such as subject that they intend to teach; implement giveness to individuals who obtain a Federated Department Stores, General innovative means of recruiting and training college degree in early childhood edu- teachers; provide incentives to teach in high- Electric, and Procter and Gamble. Cin- poverty schools; and ensure that institu- cation who then go on to teach in ac- cinnati’s school district pays $1.6 mil- tions, administrators, and teachers are re- credited child-care centers. The Qual- lion a year to purchase 66,000 hours of warded for high performance and held re- ity Child Care Loan Forgiveness Act is training from Mayerson—and the sponsible for failure. a great example of how the Federal teachers attend for free. However, the Mr. President, I could not agree government can provide incentives to program is such a great success that more. Clearly, we must have more ac- students to become teachers. All chil- this school year, the Academy will pro- countability and autonomy in the edu- dren, from pre-K to 12th grade, deserve vide 160,000 hours of staff training, far cation system. We can no longer toler- the chance to have a qualified teacher exceeding the 66,000 hours of annual ate a system that allows unqualified that will help them reach their aca- staff training time called for by the teachers in the classroom. As schools demic potential. academy’s agreement with the district. are held more accountable for their re- Today, Mr. President, I am proposing The Mayerson Academy is separate sults, the schools must have the auton- legislation that addresses the need for from the school system, in order to en- omy to hire and fire whomever they better teacher training programs. sure independent evaluation of its re- want, and decide how best to com- While it is important to stem the tide sults and a consistent base of support. pensate their faculty. Unquestionably, of unqualified teachers reaching the This status also allows it to benefit we must support all of the hard-work- classroom, we must also focus on help- from the perspectives and experience of ing, dedicated teachers we now have in ing teachers that are already in the the business leadership. our classrooms. they deserve our ut- classroom and need assistance in be- My legislation will establish a com- most support and respect. coming the best teachers that they can petitive grant program that will ask Mr. President, I am encouraged that be. Today, therefore, I am introducing school districts to form public-private President Clinton has taken an inter- the Teacher Quality Act of 1998. partnerships to establish teacher train- est in reforming the education system. This legislation calls for the creation ing programs. I believe that this legis- I do not, however, believe that merely of teacher training programs across the lation will assist in establishing teach- reducing class size and hiring 100,000 United States that will help train er training centers like Mayerson—fa- new teachers would be a solution for teachers that are already in the class- cilities that will help teachers gain our academic problems. room or about to enter the teaching subject matter mastery and give our The answer is to only certify quality profession. children the best training teachers in teachers—and to get quality teachers This bill is common-sense legislation the world. to teach our neediest kids. All children that will assist school districts in their The second piece of legislation that I deserve well-educated teachers, and we struggle to maintain the highest pos- am introducing today will expand and need to make that proposition a re- sible academic standards for their chil- improve the supply of well-qualified el- ality. dren. My idea for this legislation devel- ementary and secondary school teach- Now you might ask what the Federal oped out of my admiration for the ers. This goal can be accomplished by role should be in teacher training. Un- Mayerson Academy in Cincinnati, encouraging and assisting States to de- questionably, states are, and should re- Ohio. The Mayerson Academy was es- velop and implement programs for al- main, the primary actors in public edu- tablished in 1992 as a partnership be- ternative routes toward alternative cation. Any new Federal programs tween the Cincinnati business commu- certification or licensure. The Alter- should be voluntary for states, which nity and its schools. The mission of the native Certification and Licensure of should not be burdened by new Federal Mayerson Academy is to provide the Teachers Act will give individuals who mandates. However, the Federal gov- highest quality training and profes- would like to teach the chance to do ernment can have a role—by helping sional development opportunities to so. We’re talking about teachers who the states focus on hiring quality the men and women responsible for can serve not just as mentors to these teachers. educating the children of Cincinnati. children, but also as role models to The Federal government needs to Its motto is ‘‘All Children Can Learn.’’ show them how a good education can break the education school monopoly The doors of the academy are open make a huge positive difference in on teacher preparation. Too often, for business from 8:00 am to 9:00 pm, their future. these education schools have weak aca- Monday through Saturday, fifty weeks Through these programs, individuals demic standards—and focus on teach- per year. The non-profit Mayerson who have a sense of what goals they ing methods over knowledge of subject Academy has a 10-year contract with wish to accomplish can bring their matter. The students who enroll in Cincinnati Public Schools and also has knowledge and experience into the teacher education programs in U.S. training agreements with Princeton classroom—and make a difference in colleges tend to have lower scores on City Schools, Lakota Local School Dis- children’s lives. S1774 CONGRESSIONAL RECORD — SENATE March 11, 1998 There are many talented profes- There being no objection, the bill was (3) will spend 0.5 percent of the local edu- sionals with a high level of subject area ordered to be printed in the RECORD, as cational agency’s total school budget for competence outside the education pro- follows: each fiscal year to support the teacher train- fession who may wish to pursue careers ing facility. S. 1741 (e) AMOUNT.—The Secretary shall award in education, but could not meet the Be it enacted by the Senate and House of Rep- each grant under this section in the amount current requirements to be certified or resentatives of the United States of America in of $4,000,000. licensed as teachers. For example, a Congress assembled, (f) NUMBER.—The Secretary shall award 2 former engineer could explain to his SECTION 1. SHORT TITLE. grants under this title for fiscal year 1999, 3 students the importance of geometry, This Act may be cited as the ‘‘Teacher such grants for fiscal year 2000, 3 such grants algebra, and calculus. A doctor can Quality Act of 1998’’. for fiscal year 2001, and 4 such grants for fis- show his students how hard courses in SEC. 2. FINDINGS AND PURPOSE. cal year 2002. biology can put young people on the (a) FINDINGS.—Congress finds that— SEC. 5. AUTHORIZATION OF APPROPRIATIONS. (1) there is a teacher quality crisis, not a There are authorized to be appropriated to path to saving lives. If students can see teacher quantity crisis, in the United States; carry out this Act $8,000,000 for fiscal year that what they are learning in school (2) individuals entering a classroom should 1999, $12,000,000 for fiscal year 2000, $12,000,000 really does prepare them for the future, have a sound grasp of the subject the individ- for fiscal year 2001, and $16,000,000 for fiscal they will be more willing to learn and uals intend to teach, and the individuals year 2002. grasp new concepts. should know how to teach; Mr. President, individuals on both (3) the quality of teachers impacts student By Mr. DEWINE (for himself, Mr. sides of the aisle realize that alter- achievement; COATS, Mrs. HUTCHISON, Mr. (4) people who enter the teaching profes- native certification is an effective SMITH of Oregon, and Ms. COL- sion through alternative certification pro- LINS): method to attract more qualified grams can benefit from having the oppor- teachers into the classroom. The Pro- S. 1742. A bill to improve the quality tunity to attend a teacher training facility; of individuals becoming teachers in el- gressive Policy Institute has written (5) teachers need to increase their subject that ‘‘states should be eligible to use matter knowledge; ementary and secondary schools, to federal funds to establish meaningful (6) less than 40 percent of the individuals make the teaching profession more ac- alternative certification programs that teaching the core subjects (English, mathe- cessible to individuals who wish to have more than a marginal effect on matics, science, social studies, and foreign start a second career, to encourage languages) majored or minored in the core teacher supply.’’ There is also a study adults to share their knowledge and ex- subjects; and perience with children in the class- that shows that individuals who be- (7) according to the Third International come certified through alternative cer- room, to give officials the flexibility Mathematics and Science Study, American the officials need to hire whom the of- tification programs are more likely to high school seniors finished near the bottom be minorities, specialize in science and of the study in both science and mathe- ficials think can do the best job, and mathematics, and teach in hard-to- matics. for other purposes; to the Committee staff inner-city districts than tradi- (b) PURPOSE.—The purpose of this Act is to on Labor and Human Resources. tionally certified teachers. strengthen teacher training programs by es- THE ALTERNATIVE CERTIFICATION AND tablishing a private and public partnership LICENSURE OF TEACHERS ACT OF 1998 Mr. President, both pieces of legisla- to create the best teacher training facilities Mr. DEWINE. Mr. President, today I tion that I am introducing today are in the world to ensure that teachers receive am introducing the Alternative Certifi- targeted on improving American teach- unlimited access to the most updated tech- nology and skills training in education, so cation and Licensure of Teachers Act ing. The Teacher Quality Act is solid of 1998. I am very pleased to be joined legislation that answers the question, that students can benefit from the teachers’ by Senators COATS, COLLINS, ‘‘How do we train teachers that are al- knowledge and experience. SEC. 3. DEFINITIONS. HUTCHISON, and GORDON SMITH. ready in the field?’’ The Alternative The purpose of this legislation is to Certification and Licensure of Teach- In this Act: (1) LOCAL EDUCATIONAL AGENCY.—The term expand and improve the supply of well- ers Act answers the question, ‘‘How are ‘‘local educational agency’’ has the meaning qualified elementary and secondary we going to attract qualified individ- given the term in section 14101 of the Ele- school teachers. We would accomplish uals into the teaching field?’’ I strong- mentary and Secondary Education Act of this goal by encouraging and assisting ly believe that both of these initiatives 1965 (20 U.S.C. 8801). States to develop and implement pro- can serve as the bedrock on which to (2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Education. grams for alternative routes toward enact real reforms in the teacher edu- teacher certification or licensure. SEC. 4. GRANTS. cation system in America. There are many talented profes- To conclude, Mr. President, I believe (a) IN GENERAL.—From amounts appro- priated under section 5 for a fiscal year the sionals with a high level of subject area that improving educational opportuni- Secretary shall award grants to local edu- competence outside the education pro- ties for children has to be a top prior- cational agencies to enable the local edu- fession who may wish to pursue careers ity for this Congress. I ask my col- cational agencies to establish teacher train- in education, but could not meet the leagues in the House and Senate to ing facilities for elementary and secondary current requirements to be certified or work together to forge a bipartisan ap- school teachers. licensed as teachers. For example, all proach that will ensure that our chil- (b) COMPETITIVE BASIS.—The Secretary of us here in Congress attain an unique shall award grants under this Act on a com- dren are being taught by the most knowledge of how our government qualified teachers in the world. There petitive basis. (c) PARTNERSHIP CONTRACT REQUIRED.—In works. Alternative certification and li- is no question that we must develop a order to receive a grant under this Act, a censure could provide an opportunity system that will draw students into the local educational agency shall enter into a for some of us to become teachers so teaching profession. The Federal gov- contract with a nongovernmental organiza- we could share our knowledge and ex- ernment and the States need to work tion to establish a teacher training facility. periences of how government works together to provide incentives for peo- (d) APPLICATIONS.—Each local educational with young people. The measure of a agency desiring a grant under this Act shall ple to become teachers, and build a good teacher after all is how much and sense of pride to this profession. We submit to the Secretary an application at such time, in such manner, and accompanied how well their students could learn. can no longer tolerate failure if we by such information as the Secretary may Knowledgeable and eager individuals wish to keep America strong. Now is require. Each such application shall contain should be helped—not discouraged—to the time to address this issue—and I an assurance that the local educational enter the K–12 classroom as teachers. ask that members of the House Edu- agency— We can achieve this goal by giving cation and the Workforce Committee, (1) has raised $4,000,000 in matching funds, States the maximum flexibility and in- and the Senate Labor Committee, work from public or private sources, for the sup- centives to create alternative certifi- diligently to come up with the best an- port of the teacher training facility; cation programs. That’s what my bill swer for our children. (2) will train the teachers employed by the local educational agency at the teacher would do—it would enable the Federal Mr. President, I ask unanimous con- training facility for a period of 10 years after Government to assist States by offer- sent that the text of the bill be printed the date the agency enters into the contract ing incentives to recruit well-educated in the RECORD. described in subsection (c); and people into the teaching profession. March 11, 1998 CONGRESSIONAL RECORD — SENATE S1775 This program would be voluntary for the Administration. As of today, there SEC. 2. FINDINGS AND PURPOSE. the States. States do not need to be have been no fewer than seven teacher (a) FINDINGS.—Congress finds that— burdened by new Federal mandates. training bills introduced in the House (1) the measure of a good teacher is how This bill would allow qualified indi- and Senate. In fact, President Clinton much and how well the teacher’s students learn; viduals to fullfil State certification or has requested $1.1 billion in his latest (2) the main teacher quality problem in licensure requirements, giving school budget to pay for 37,000 new teachers. 1998 is the lack of subject matter knowledge; systems the chance to take advantage It is clear that members on both sides (3) knowledgeable and eager individuals of of the expertise of such professionals of the aisle understand the importance sound character and various professional and improve the pool of qualified indi- of having quality teachers in the class- backgrounds should be encouraged to enter viduals available to local educational room. the kindergarten through grade 12 class- agencies. These measures would do a Therefore, there’s clear bipartisan rooms as teachers; great deal to expand and improve the support for programs that encourage (4) many talented professionals who have demonstrated a high level of subject area supply of well-qualified teachers. and recruit the most knowledgeable in- competence outside the education profession The bill would provide $15 million dividuals to teach our children. It is may wish to pursue careers in education, but each year to be divided among the my hope that we can see bipartisan have not fulfilled the traditional require- States based on a student population support for programs that give tal- ments to be certified or licensed as teachers; formula. States would have to apply to ented individuals an alternative route (5) States should have maximum flexibility the Secretary in order to be considered into the teaching profession. and incentives to create alternative teacher for funds. The money could be used to In order to find the best possible certification and licensure programs in order either create new alternative certifi- teachers for our children, we need to to recruit well-educated people into the cation programs or to fund pre-existing teaching profession; and support programs that are flexible and (6) alternative routes can enable qualified programs. If a State does not apply for creative. We need to encourage the individuals to fulfill State teacher certifi- funds, then that money is reallocated brightest minds in our communities to cation or licensure requirements and will to those States that most demonstrate consider teaching as a career. Teachers allow school systems to utilize the expertise the need for the money based on the who have had a previous career can ex- of professionals and improve the pool of Secretary of Education’s discretion. plain to children the importance of a qualified individuals available to local edu- Alternative certification is nothing good education. For example, a former cational agencies as teachers. new. A study by C. Emily Feistritzer engineer could explain to his students (b) PURPOSE.—It is the purpose of this Act entitled ‘‘Alternative Teacher Certifi- to improve the supply of well-qualified ele- the importance of geometry, algebra, mentary school and secondary school teach- cation: a State-by-State Analysis 1997’’ and calculus. A doctor can show his ers by encouraging and assisting States to reports the following facts: students how hard courses in biology develop and implement programs for alter- 41 States and the District of Colum- can put young people on the path to native routes to teacher certification or li- bia are now implementing alternative saving lives. If students can see that censure requirements. routes for certifying teachers. How- what they are learning in school really SEC. 3. ALLOTMENTS. ever, virtually all of the States now does prepare them for the future, they (a) ALLOTMENTS TO STATES.— offer some type of program other than will be more willing to learn and grasp (1) IN GENERAL.—From the amount appro- the traditional approved college teach- new concepts. priated to carry out this Act for each fiscal year, the Secretary shall allot to each State er education program route for ini- In this bill, States would be given the tially licensing teachers. the lesser of— flexibility to reach out for new teach- (A) the amount the State applies for under 23 States and the District of Colum- ing talent and fill specifically hard-to- section 4; or bia have designed alternative licensure staff teacher positions. (B) an amount that bears the same relation programs for the explicit purpose of Alternative certification and licen- to the amount so appropriated as the total bringing talented individuals who al- sure programs give the best and bright- population of children ages 5 through 17 in ready have at least a bachelor’s degree est individuals who would like to teach the State bears to the total population of in a field other than education into the chance to do so. We’re talking such children in all the States (based on the most recent data available that is satisfac- teaching—up from just 11 such pro- about teachers who can serve not just grams in 1991. tory to the Secretary). as mentors to these children, but also (2) REALLOCATION.—If a State does not 117 programs in the 50 States and the as role models to show them how a apply for the State’s allotment, or the full District of Columbia are now available good education is crucial to their fu- amount of the State’s allotment, under para- for people who already have a bach- tures. Through these programs, indi- graph (1), the Secretary may reallocate the elor’s degree and want to become li- viduals who have a sense of what goals excess funds to 1 or more other States that censed to teach. This compares with 91 they wish to accomplish can bring demonstrate, to the satisfaction of the Sec- programs in 1991. their knowledge and experience into retary, a current need for the funds. Interest in alternative teacher cer- (b) SPECIAL RULE.—Notwithstanding sec- the classroom. tion 421(b) of the General Education Provi- tification continues to escalate. 35 Mr. President, Federal support for al- states reported that interest from sions Act (20 U.S.C. 1225(b)), funds awarded ternative certification and licensure under this Act shall remain available for ob- ‘‘people wanting to get licensed to would help ensure that schools con- ligation by a recipient for a period of 2 cal- teach’’ has increased in the last five tinue to attract quality teachers to the endar years from the date of the grant. years. classroom. We owe it to all school chil- SEC. 4. STATE APPLICATIONS. Mr. President, it’s clear that interest dren to give them the best resources (a) IN GENERAL.—Any State desiring to re- in the alternative certification route is available. That is why we must encour- ceive an allotment under this Act shall, on the increase. Among the talented age all States to hire the most capable, through the State educational agency, sub- people we can attract into the teaching knowledgeable, and experienced teach- mit an application at such time, in such manner, and containing such information, as profession by this means are military ers that are available. personnel who are nearing retirement, the Secretary may reasonably require. Mr. President, I ask unanimous con- (b) REQUIREMENTS.—Each application people who have been down-sized and sent that the text of the bill be printed shall— are looking for a second career, busi- in the RECORD. (1) describe the programs, projects, and ac- ness leaders who want to share their There being no objection the bill was tivities to be undertaken with assistance knowledge with a new generation of ordered to be printed in the RECORD, as provided under this Act; and children, housewives who are looking follows: (2) contain such assurances as the Sec- retary considers necessary, including assur- for a new career after their children S. 1742 have moved out of the family home, ances that— Be it enacted by the Senate and House of Rep- and people who want to leave the pri- (A) assistance provided to the State edu- resentatives of the United States of America in cational agency under this Act will be used vate sector so they can use their col- Congress assembled, to supplement, and not to supplant, any lege major to make a difference in chil- SECTION 1. SHORT TITLE. State or local funds available for the devel- dren’s lives. This Act may be cited as the ‘‘Alternative opment and implementation of programs to Teacher training has become a very Certification and Licensure of Teachers Act provide alternative routes to fulfilling teach- important issue to this Congress and to of 1998’’. er certification or licensure requirements; S1776 CONGRESSIONAL RECORD — SENATE March 11, 1998 (B) the State educational agency has, in tion 14101 of the Elementary and Secondary the purpose of commemorating a veteran, or developing and designing the application, Education Act of 1965 (20 U.S.C. 8801). has furnished a headstone or marker for the consulted with— (2) INSTITUTION OF HIGHER EDUCATION.—The unmarked grave of a veteran under sub- (i) representatives of local educational term ‘‘institution of higher education’’ has section (a) of this section, the Secretary agencies, including superintendents and the meaning given the term in section 1201 of shall, where feasible, add a memorial inscrip- school board members (including representa- the Higher Education Act of 1965 (20 U.S.C. tion to the existing headstone or marker tives of their professional organizations if 1141). under this subsection for the veteran’s sur- appropriate); (3) STATE.—The term ‘‘State’’ means each viving spouse.’’. (ii) elementary school and secondary of the several States of the United States, SEC. 2. AMENDMENTS TO PROVISIONS GOVERN- school teachers, including representatives of the District of Columbia, the Commonwealth ING MEMORIAL AREAS. their professional organizations; of Puerto Rico, the United States Virgin Is- Section 2403(b) of title 38, United States (iii) schools or departments of education lands, Guam, American Samoa, and the Com- Code, is amended by striking all after ‘‘ap- within institutions of higher education; monwealth of the Northern Mariana Islands. propriate’’ and inserting in lieu thereof (iv) parents; and SEC. 7. AUTHORIZATION OF APPROPRIATIONS. ‘‘group memorials shall be erected to honor (v) other interested individuals and organi- There are authorized to be appropriated to the memory of groups of individuals referred zations; and carry out this Act $15,000,000 for fiscal year to in subsection (a) of this section, and ap- (C) the State educational agency will sub- 1999 and each of the 4 succeeding fiscal years. propriate memorial headstones and markers mit to the Secretary, at such time as the shall be erected to honor the memory of indi- Secretary may specify, a final report de- By Mr. SPECTER (by request): viduals referred to in subsection (a) of this scribing the activities carried out with as- S. 1743. A bill to amend title 38, section or subsection (b) of section 2306 of sistance provided under this Act and the re- United States Code, to authorize me- this title. sults achieved with respect to such activi- SEC. 3. EFFECTIVE DATE. ties. morialization of deceased spouses and surviving spouses of veterans and de- The amendments made by this Act shall be (c) GEPA PROVISIONS INAPPLICABLE.—Sec- effective with respect to deaths occurring tions 441 and 442 of the General Education ceased members of the Armed Forces after the date of its enactment. Provisions Act (20 U.S.C. 1232d and 1232e), ex- whose remains are not available for in- cept to the extent that such sections relate terment; to the Committee on Veter- THE SECRETARY OF VETERANS AFFAIRS to fiscal control and fund accounting proce- ans’ Affairs. Washington, DC, June 24, 1997. dures, shall not apply to this Act. ARMED FORCES LEGISLATION Hon. ALBERT GORE, Jr., SEC. 5. USE OF FUNDS. Mr. SPECTER. Mr. President, as President of the Senate, (a) USE OF FUNDS.— Washington, DC. Chairman of the Committee on Veter- (1) IN GENERAL.—A State educational agen- DEAR MR. PRESIDENT: Transmitted here- cy shall use funds provided under this Act to ans’ Affairs, I have today introduced, with is a draft bill to amend sections 2306 support programs, projects, or activities that at the request of the Secretary of Vet- and 2403 of title 38, United States Code, to develop and implement new, or expand and erans Affairs, S. 1743, a proposed bill to authorize memorialization of deceased improve existing, programs that enable indi- authorize memorialization of deceased spouses and surviving spouses of veterans viduals to move to a teaching career in ele- spouses and surviving spouses of veter- and deceased members of the Armed Forces mentary or secondary education from an- ans and deceased members of the whose remains are not available for inter- other occupation through an alternative Armed Forces whose remains are not ment. route to teacher certification or licensure. The law currently authorizes the Secretary (2) TYPES OF ASSISTANCE.—A State edu- available for interment. The Secretary of Veterans Affairs to furnish and to erect in cational agency may carry out such pro- of Veterans Affairs submitted this leg- national cemeteries appropriate memorial grams, projects, or activities directly, islation to the President of the Senate headstones or markers for veterans and through contracts, or through grants to local by letter dated June 24, 1997. members of the Armed Forces whose remains educational agencies, intermediate edu- My introduction of this measure is in are not available for interment because they cational agencies, institutions of higher edu- keeping with the policy which I have have not been recovered or identified, were cation, or consortia of such agencies or insti- adopted of generally introducing—so buried at sea, were donated to science, or tutions. that there will be specific bills to were cremated and the ashes scattered. How- (b) USES.—Funds received under this Act ever, there is no authorization for memori- may be used for— which my colleagues and others may alization of the deceased spouses of such per- (1) the design, development, implementa- direct their attention and comments— sons where remains are not available for in- tion, and evaluation of programs that enable all Administration-proposed draft leg- terment. Since spouses are currently eligible qualified professionals who have dem- islation referred to the Committee on for other burial benefits such as Govern- onstrated a high level of subject area com- Veterans’ Affairs. Thus, I reserve the ment-furnished headstones or markers for petence outside the education profession and right to support or oppose the provi- unmarked graves and interment in a na- are interested in entering the education pro- sions of, as well as any amendment to, tional cemetery, if their remains are avail- fession to fulfill State teacher certification this legislation. able, we believe it is inequitable to deny the or licensure requirements; comparable benefit of memorialization when (2) the establishment of administrative Mr. President, I ask unanimous con- remains are unavailable. This benefit would structures necessary for the development sent that additional material be print- be particularly meaningful when a spouse and implementation of programs to provide ed in the RECORD. predeceases a veteran by providing the vet- alternative routes to fulfilling State teacher S. 1743 eran with a suitable remembrance of the de- certification or licensure requirements; Be it enacted by the Senate and House of Rep- ceased loved one which can be appreciated by (3) training of staff, including the develop- resentatives of the United States of America in the veteran during his or her lifetime. ment of appropriate support programs, such Congress assembled, Where a veteran predeceases his or her as mentor programs, for teachers entering spouse and the veteran’s grave is marked the school system through alternative routes SECTION 1. AUTHORIZATION TO FURNISH MEMO- RIAL HEADSTONES AND MARKERS with an upright headstone, a memorial in- to teacher certification or licensure; FOR SPOUSES AND SURVIVING scription for the spouse may be placed on the (4) the development of recruitment strate- SPOUSES OF VETERANS AND DE- back of the same headstone, and a separate gies; CEASED SERVICE MEMBERS. marker for the spouse would not generally be (5) the development of reciprocity agree- Section 2306(b) of title 38, United States required. If the veteran’s grave is marked ments between or among States for the cer- Code, is amended— with a flat stone marker, an inscription can tification or licensure of teachers; or (a) by adding ‘‘(which for purposes of this usually be added for the spouse, space per- (6) other programs, projects, and activities subsection includes a person who died in the mitting. Accordingly, the draft bill provides that— active military, naval, or air service) or any that, where feasible, a memorial inscription (A) are designed to meet the purpose of spouse or surviving spouse (which for pur- shall be placed on an existing headstone or this Act; and poses of this section includes an unremarried marker in lieu of furnishing a new memorial (B) the Secretary determines appropriate. surviving spouse who had a subsequent re- headstone or marker. SEC. 6. DEFINITIONS. marriage which was terminated by death or The addition of an inscription to an exist- In this Act: divorce) of a veteran’’ following ‘‘any vet- ing marker will not be feasible in some situ- (1) ELEMENTARY SCHOOL; LOCAL EDU- eran’’; ations. When an existing marker or head- CATIONAL AGENCY; SECONDARY SCHOOL; SEC- (b) by striking out ‘‘veteran’s’’ in para- stone cannot be modified, we contemplate RETARY; AND STATE EDUCATIONAL AGENCY.— graph (2) and inserting in lieu thereof ‘‘indi- replacing the existing marker with a new The terms ‘‘elementary school’’, ‘‘local edu- vidual’s’’; and marker or headstone bearing inscriptions for cational agency’’, ‘‘secondary school’’, ‘‘Sec- (c) by adding at the end thereof ‘‘Where the both the veteran and the spouse. For exam- retary’’, and ‘‘State educational agency’’ Secretary has furnished a memorial head- ple, where a veteran has predeceased his or have the meanings given the terms in sec- stone or market under this subsection for her spouse, it would not be feasible to add a March 11, 1998 CONGRESSIONAL RECORD — SENATE S1777 memorial inscription for the spouse to an ex- SECTION 1. REDESIGNATION OF TITLE OF NA- sible’’ in the first sentence and by striking isting bronze marker or to a niche marker TIONAL CEMETERY SYSTEM. out ‘‘Such system’’ in the second sentence for cremated remains. A new headstone or The title of the National Cemetery System and inserting in lieu thereof ‘‘The National marker will also be necessary where a spouse of the Department of Veterans Affairs is Cemetery Administration’’. predeceases a veteran. Upon the veteran’s hereby redesignated as the National Ceme- (4) Section 2400(b) of title 38, United States subsequent death, the veteran may be buried tery Administration. Code, is amended by striking out ‘‘The Na- under circumstances requiring use of a dif- SEC. 2. REDESIGNATION OF POSITION OF DIREC- tional Cemetery System’’ and inserting ‘‘Na- ferent style of marker than was supplied for TOR OF THE NATIONAL CEMETERY tional cemeteries and other facilities under memorialization of the spouse, e.g., a niche SYSTEM. the control of the National Cemetery Admin- marker for cremated remains, as opposed to The position of Director of the National istration’’ in lieu thereof. a full-sized flat marker or headstone. Fur- Cemetery System of the Department of Vet- (5) Section 2402 of title 38, United States ther, since the Department of Veterans Af- erans Affairs is hereby redesignated as As- Code, is amended by striking out ‘‘in the Na- fairs places the veteran’s name in a pre- sistant Secretary for Memorial Affairs. tional Cemetery System’’ and inserting eminent position on a marker or headstone, SEC. 3. ASSISTANT SECRETARIES. ‘‘under the control of the National Cemetery the spouse’s marker would be replaced with Section 308(a) of title 38, United States Administration’’ in lieu thereof. a new marker or headstone bearing inscrip- Code, is amended by— (6) Section 2403(c) of title 38, United States tions for both the veteran and the spouse, (a) in subsection (a) thereof, changing the Code, is amended by striking out ‘‘in the Na- with the veteran’s inscription being pre- period at the end of the first sentence of that tional Cemetery System created by this eminent. subsection to a comma and adding the fol- chapter’’ and inserting ‘‘under the control of Because it is likely that relatively few lowing at the end of that sentence: ‘‘in addi- the National Cemetery Administration’’ in spouses will require memorialization, we an- tion to the Assistant Secretary for Memorial lieu thereof. ticipate that the costs associated with this Affairs’’; (7) Section 2405(c) of title 38, United States proposal would be insignificant. This pro- (b) in subsection (b) thereof, by inserting Code, is amended by striking out ‘‘within the posal would affect direct spending; therefore, ‘‘other than the Assistant Secretary for Me- National Cemetery System’’ and inserting in it is subject to pay-as-you-go requirement of morial Affairs’’ after ‘‘Assistant Secretar- lieu thereof ‘‘under the control of the Na- the Omnibus Budget Reconciliation Act of ies’’; and tional Cemetery Administration’’ and by 1990. The Office of Management and Budget (c) in subsection (c) thereof, by inserting striking out ‘‘within such System’’ and in- (OMB) estimates that the pay-as-you-go ef- ‘‘pursuant to subsection (b)’’ after ‘‘Assist- serting in lieu thereof ‘‘under the control fect of this proposal would be less than ant Secretary’’. such Administration’’. $500,000. SEC. 4. TITLE 38 CONFORMING AMENDMENTS. (8) Section 2408(c) of title 38, United States The OMB advises that there is no objection (a) Title 38, United States Code, is amend- Code, is amended by striking out ‘‘in the Na- from the standpoint of the Administration’s ed by striking out ‘‘Director of the National tional Cemetery System’’ in subsection (c)(1) program to the submission of this proposal Cemetery System’’ each place it appears (in- and inserting ‘‘under the control of the Na- to the Congress. cluding in headings and tables) and inserting tional Cemetery Administration’’ in lieu Sincerely yours, in lieu thereof ‘‘Assistant Secretary for Me- thereof. JESSE BROWN. morial Affairs’’. SEC. 5. EXECUTIVE SCHEDULE CONFORMING (b) Section 301(c) of title 38, United States AMENDMENT. By Mr. SPECTER (by request): Code, is amended by striking out ‘‘System’’ Section 5315 of title 5, United States Code, S. 1744. A bill to redesignate the title in subsection (c)(4) and inserting in lieu is amended by striking out ‘‘(6)’’ following of the National Cemetery System and thereof ‘‘Administration’’. ‘‘Assistant Secretaries, Department of Vet- the position of the Director of the Na- (c) Section 307 of title 38, United States erans Affairs’’ and inserting in lieu thereof tional Cemetery System; to the Com- Code, is amended— ‘‘(7)’’ and by striking out ‘‘Director of the mittee on Veterans’ Affairs. (1) by striking out ‘‘a’’ in the first sentence National Cemetery System.’’ and inserting in lieu thereof ‘‘an’’; SEC. 6. REFERENCES IN OTHER LAWS. THE NATIONAL CEMETERY ADMINISTRATION (2) by striking out ‘‘Director’’ in the sec- (a) Any reference to the National Cemetery REDESIGNATION ACT OF 1998 ond sentence and inserting in lieu thereof System in any Federal law, Executive order, Mr. SPECTER. Mr. President, as ‘‘Assistant Secretary for Memorial Affairs’’; rule, regulation, delegation of authority, or chairman of the Committee on Veter- and document of or pertaining to the Depart- ans’ Affairs, I have today introduced, (3) by striking out ‘‘System’’ in the second ment of Veterans Affairs, which reference at the request of the Secretary of Vet- sentence and inserting in lieu thereof ‘‘Ad- pertains to the organization within that De- erans Affairs, S. 1744, a proposed bill to ministration’’. partment which controls the Department’s redesignate the National Cemetery (d)(1) Section 2306(d) of title 38, United national cemeteries shall be deemed to refer System of the Department of Veterans States Code, is amended by striking out to the National Cemetery Administration. ‘‘within the National Cemetery System’’ in (b) Any reference to the Director of the Na- Affairs as the ‘‘National Cemetery Ad- the first sentence of subsection (d)(1) and in- tional Cemetery System in any Federal law, ministration’’ and the Director of the serting in lieu thereof ‘‘under the control of Executive order, rule, regulation, delegation National Cemetery System as the ‘‘As- the National Cemetery Administration’’. of authority, or document of or pertaining to sistant Secretary for Memorial Af- (2) Section 2306(d) of title 38, United States the Department of Veterans Affairs shall be fairs.’’ The Acting Secretary of Veter- Code, is amended by striking out ‘‘within the deemed to refer to the Assistant Secretary ans Affairs submitted this legislation National Cemetery System’’ in subsection for Memorial Affairs. to the President of the Senate by letter (d)(2) and inserting in lieu thereof ‘‘under the dated September 17, 1997. control of the National Cemetery Adminis- THE SECRETARY OF VETERANS AFFAIRS, My introduction of this measure is in tration’’. Washington, September 17, 1997. (e)(1) The table of sections at the beginning Hon. ALBERT GORE, JR., keeping with the policy which I have of chapter 24 of title 38, United States Code, President of the Senate, Washington, DC. adopted of generally introducing—so is amended by striking out ‘‘Establishment DEAR MR. PRESIDENT: Transmitted here- that there will be specific bills to of National Cemetery System; composition with is a draft bill to redesignate the Na- which my colleagues and others may of such system; appointment of director.’’ tional Cemetery System (NCS) as the ‘‘Na- direct their attention and comments— and inserting in lieu thereof ‘‘Establishment tional Cemetery Administration’’ and the all Administration-proposed draft leg- of National Cemetery Administration; au- Director of the National Cemetery System as islation referred to the Committee on thority of such administration; appointment the ‘‘Assistant Secretary for Memorial Af- Veterans’ Affairs. Thus, I reserve the of Assistant Secretary.’’. fairs.’’ The legislation would elevate the NCS (2) The heading of section 2400 of title 38, to the same organizational status within the right to support or oppose the provi- United States Code, is amended by striking Department of Veterans Affairs (VA) as the sions of, as well as any amendment to, out ‘‘Establishment of National Cemetery Veterans Health Administration (VHA) and this legislation. System; composition of such system; ap- the Veterans Benefits Administration (VBA). Mr. President, I ask unanimous con- pointment of director’’ and inserting in lieu I request that this draft bill be referred to sent that additional material be print- thereof ‘‘Establishment of National Ceme- the appropriate committee for prompt con- ed in the RECORD. tery Administration; authority of such ad- sideration and enactment. There being no objection, the mate- ministration; appointment of Assistant Sec- On March 15, 1989, the Veterans’ Adminis- rial was ordered to be printed in the retary’’. tration was redesignated as the Department (3) Section 2400(a) of title 38, United States of Veterans Affairs and elevated to cabinet- RECORD, as follows: Code, is amended by striking out ‘‘shall be level status as an executive department. At S. 1744 within the Department a National Cemetery that time, two of the three VA components Be it enacted by the Senate and House of Rep- System’’ in the first sentence and inserting that administer veterans’ programs were resentatives of the United States of America in in lieu thereof ‘‘is within the Department a also redesignated. The Department of Medi- Congress assembled, National Cemetery Administration respon- cine and Surgery was redesignated as the S1778 CONGRESSIONAL RECORD — SENATE March 11, 1998 Veterans Health Services and Research Ad- S. 1745. A bill to amend title 38, shall set forth succinly the grounds upon ministration (now the Veterans Health Ad- United States Code, to provide flexibil- which it is based and may not be granted un- ministration) and the Department of Veter- ity in the order in which the Board of less the case involves interpretation of law ans’ Benefits was redesignated as the Veter- Veterans’ Appeals hears and considers of general application affecting other claims ans Benefits Administration. The designa- or for other sufficient cause shown.’’. tion of the third program component, the appeals; to the Committee on Veteran’s National Cemetery System, was not Affairs. THE SECRETARY OF VETERANS AFFAIRS, changed. VETERANS’ APPEALS BOARD LEGISLATION Washington, August 7, 1997. On October 9, 1992, the title of the Chief Mr. SPECTER. Mr. President, as Hon. ALBERT GORE, JR., Medical Director, the head of the Veterans chairman of the Committee on Veter- President of the Senate, Washington, DC. DEAR MR. PRESIDENT: Transmitted here- Health Administration, was redesignated as ans’ Affairs, I have today introduced, the Under Secretary for Health and the title with is a draft bill to amend title 38, United of the Chief Benefits Director was redesig- at the request of the Secretary of Vet- States Code, to provide flexibility in the nated as the Under Secretary for Benefits. erans Affairs, S. 1745, a proposed bill to order in which the Board of Veterans’ Ap- The title of the Director of the National provide flexibility in the order in peals (Board) hears and considers appeals. Cemetery System was not changed. which the Board of Veterans’ Appeals This proposed legislation would reduce The NCS was established on June 18, 1973, of the Department of Veterans Affairs delays in the issuance of Board decisions in accordance with the National Cemeteries hears and considers appeals. The Act- caused by late requests for field hearings. I request that this draft bill be referred to the Act of 1973, Pub. L. No. 93–43, § 2(a), 87 Stat. ing Secretary of Veterans Affairs sub- 75. The fourfold mission of the NCS is: (1) to appropriate committee for prompt consider- provide for the interment in national ceme- mitted this legislation to the President ation and enactment. teries of the remains of deceased veterans, of the Senate by letter dated August 7, Current 38 U.S.C. § 7107(a) requires the their spouses, and certain other dependents 1997. Board to consider and decide each appeal in and to permanently maintain their graves; My introduction of this measure is in regular order according to its place upon the (2) to mark the graves of eligible persons keeping with the policy which I have docket. Furthermore, 38 U.S.C. § 7107(b) re- buried in national, state, and private ceme- adopted of generally introducing—so quires the Board to afford an appellant an teries; (3) to administer the State Cemetery opportunity for a hearing before deciding his that there will be specific bills to or her appeal. An appellant may request that Grants Program to aid states in establishing, which my colleagues and others may expanding, or improving state veterans’ a hearing before the Board be held at the cemeteries; and, (4) to administer the Presi- direct their attention and comments— Board’s principal location in Washington, dential Memorial Certificate Program. all Administration-proposed draft leg- D.C., or at a Department of Veterans Affairs NCS is the only one of the three VA com- islation referred to the Committee on (VA) facility within the area served by a VA ponents responsible for delivering benefits to Veterans’ Affairs. Thus, I reserve the regional office. 38 U.S.C. § 7107(d)(1). A hear- veterans and their dependents that is re- right to support or oppose the provi- ing to be held within an area served by a re- ferred to as a ‘‘System’’ rather than an ‘‘Ad- sions of, as well as any amendment to, gional office must be scheduled to be held in ministration.’’ The proposed redesignation the order in which requests for hearings this legislation. within that area are received by VA. 38 ‘‘National Cemetery Administration’’ would Mr. President, I ask unanimous con- more accurately recognize NCS’ status as a U.S.C. § 7107(d)(2). benefit-delivery administration. sent that additional material be print- The order in which appeals must be sched- Section 307 of title 38, United States Code, ed in the RECORD. uled for hearing in a given area and the order establishes the position of Director of the There being no objection, the mate- in which they must be considered and de- National Cemetery System. The present po- rial was ordered to be printed in the cided sometimes conflict. Such conflict sition title implies that the Director’s re- RECORD, as follows: arises when VA receives appellants’ requests for hearings in an area in an order different sponsibility is limited to management of the S. 1745 system of national cemeteries and does not from the order in which those appeals were adequately reflect tie responsibilities associ- Be it enacted by the Senate and House of Rep- docketed for consideration. (An appeal is ated with the fourfold mission of the NCS. resentatives of the United States of America in docketed when the Board receives from the The proposed redesignation ‘‘Assistant Sec- Congress assembled, agency of original jurisdiction a copy of the retary for Memorial Affairs’’ would assure SECTION 1. EXCEPTION TO DOCKET ORDER CON- substantive appeal.) For example, appellant that the position receives the status com- SIDERATION A, whose appeal is high on the consideration mensurate with its responsibilities. The re- Section 7107(a) of title 38, United States docket, may request a field hearing in a designation would not affect the duties and Code, is amended— given area long after many other appellants, responsibilities of the position, which would (1) in paragraph (1), by striking ‘‘Except as whose appeals rank lower on the consider- remain the same. provided in subsection (f)’’ and inserting ation docket, have already requested a hear- Section 308(a) of title 38, United States ‘‘Except as provided in paragraph (2) and ing in that area. Not only must hearings for Code, provides that VA shall have no more subsection (f)’’; the lower ranking appeals be scheduled to be than six Assistant Secretaries. Under the (2) by redesignating paragraph (2) as para- held before appellant A’s hearing, but consid- draft bill, the position of Assistant Secretary graph (3); and eration and decision on every appeal ranking for Memorial Affairs, so designated in sec- (3) by inserting the following: lower than appellant A’s appeal must await tion 307, would not be counted as one of the ‘‘(2) The Board may consider and decide an consideration and decision on appellant A’s six Assistant Secretary positions referred to appeal later than its place on the docket appeal. The result is delay for all. in section 308(a). would normally require if such delay is nec- Aggravating this situation are two facts: Currently, the salary level for the NCS Di- essary to provide the appellant a hearing.’’. First, limits on Board resources often con- rector is set by statute at Executive Level SEC. 2. SCHEDULING OF FIELD HEARINGS. strain the Board to hold hearings at a given IV. The salary level for the other VA Assist- (a) Section 7107(d) of title 38, United States field facility infrequently, sometimes as sel- ant Secretary positions is also set at Execu- Code, is amended by striking paragraph (2) dom as once a year. Thus, a long time may tive Level IV. The proposed redesignation of and inserting the following: pass before a requested hearing is actually the NCS Director as the Assistant Secretary ‘‘(2) A hearing to be held within an area held. Second, the long time elapsing between for Memorial Affairs would not affect the served by a regional office of the Department the initiation of and decision on an appeal, salary level of the position, which would re- shall (except as provided in paragraph (3)) be caused by a large appeal backlog, gives main at Executive Level IV. scheduled to be held in accordance with that ample opportunity for appellants ranking Although the proposed redesignation would case’s place on the docket referred to in sub- high on the consideration docket to request require changes in some forms and publica- section (a) relative to the other cases for a field hearing after lower ranking appel- tions, we contemplate making these changes which a hearing is scheduled to be held in lants have already requested one. as the documents are reordered or revised. that area.’’. Our draft bill would alleviate the delays For this reason, and because the Director’s (b) The amendment made by subsection (a) caused by this situation. Section 1 would salary level would not change, no costs or applies to requests for a hearing received by create an exception to the docket-order con- savings are associated with this proposal. the Department on or after the date of en- sideration requirement for certain cases in The Office of Management and Budget ad- actment. which a hearing is requested. Section 1 vises that there is no objection from the SEC. 3. ADVANCEMENT ON THE HEARING DOCK- would permit the Board to consider cases standpoint of the Administration’s program ET. lower on the consideration docket before a to the submission of this legislative proposal Section 7107(d) of title 38, United States case in which the appellant has requested a to the Congress. Code, is amended by striking paragraph (3) hearing that, due to resource shortfalls or Sincerely yours, and inserting the following: the lateness of the request, cannot be held HERSHEL W. GOBER, ‘‘(3) A hearing to be held within an area promptly. Section 2 would provide that a Secretary-Designate. served by a regional office of the Department field hearing be scheduled to be held in ac- may, for cause shown, be advanced on mo- cordance with that case’s place on the con- By Mr. SPECTER (by request): tion for an earlier hearing. Any such motion sideration docket relative to other cases for March 11, 1998 CONGRESSIONAL RECORD — SENATE S1779 which a hearing is requested within that (2) by striking out subsection (b). work as a member of the National area. Under that provision, field hearings Commission on the Restructuring of would be scheduled to be held in the same THE SECRETARY OF VETERANS AFFAIRS, the IRS and as a senior member of the order in which the cases will be considered Washington, August 7, 1997. Senate Finance Committee led me to and decided. This change would apply to Hon. AL GORE, believe that we need even more tax- hearing requests received by VA on or after President of the Senate, Washington, DC. the date of enactment. DEAR MR. PRESIDENT: There is transmitted payer protections. In addition, we need Section 3 would permit the Board to ad- herewith, a draft bill, ‘‘To amend title 38, to make a concerted effort to educate vance a case on the hearing docket upon mo- United States Code, to remove a statutory taxpayers of their rights and the IRS tion for cause shown, the same standard for provision requiring a specified number of tax procedures. which a case may be advanced on the consid- full-time equivalent positions in the VA’s Of- The findings of the National Commis- eration docket under 38 U.S.C. § 7107(a)(2). Al- fice of Inspector General.’’ We request that it sion on Restructuring the Internal though current section 7107(d)(3) permits the be referred to the appropriate committees Revenue Service, of which I was a Secretary to advance a case on the hearing for prompt consideration and enactment. member, recommended increasing tax- docket if the Secretary knows that the ap- This draft bill would eliminate the require- payer rights. The Senate Finance Com- pellant is seriously ill or under severe finan- ment that the Secretary provide a set level mittee recently concluded months of cial hardship, advancement on the hearing of staffing of 417 full-time equivalent posi- docket on that basis does not necessarily re- tions for the Office of Inspector General. VA hearings that demonstrated to us, and sult in advancement of the case on the con- has been unable to meet the statutory em- to the public, that American taxpayers sideration docket. By making the standard ployment floor since 1993. The Department’s are being treated unfairly by the IRS. for advancement on either docket the same, full-time equivalent employment level is de- I cannot sit idly by and let this happen advancement on either docket would result termined by appropriations, and moreover, to the American people. in advancement on the other docket. the statutory floor limits VA’s ability to op- For a start, last year Senator Enactment of this proposed legislation erate in the most efficient manner. Accord- KERREY and I introduced legislation would result in no significant costs or sav- ingly, it is appropriate to delete the statu- that would implement the Restructur- ings. tory requirement. The Office of Management and Budget ad- ing Commission’s proposals, including The draft bill would also eliminate the re- the taxpayer rights recommendations. vises that there is no objection to the sub- quirement that the President include in the mission of this proposal from the standpoint budget transmitted to Congress an estimate The House of Representatives, when of the Administration’s program. of an amount sufficient for the level of staff- considering identical legislation, weak- Sincerely yours, ing established for the Inspector General. ened some of the provisions. To its HERSHEL W. GOBER Elimination of the floor renders the report credit, the House also added some Acting Secretary. unnecessary. strong, imaginative protections in re- Enclosure. The Office of Management and Budget ad- turn. I applaud everyone who works to vises that there is no objection to the sub- By Mr. SPECTER (by request): increase taxpayer rights, and to give mission of this proposal, and that enactment the unrepresented taxpayer a louder S. 1746. A bill to amend title 38, of this proposal would be in accord with the United States Code, to remove a statu- program of the President. voice against the IRS. tory provision requiring a specified Sincerely yours, With introduction of this legislation, number of full-time equivalent posi- HERSHEL W. GOBER, the Taxpayer Bill of Rights 3, or T3, I tions in the VA’s Office of Inspector Acting Secretary. am saying that I want to see the General; to the Committee on Veter- strongest taxpayer protections possible ans’ Affairs. SECTION-BY-SECTION ANALYSIS in any Senate-passed IRS restructuring The draft bill would amend 38 U.S.C. § 312 legislation. The bill I am introducing DEPARTMENT OF VETERANS AFFAIRS by deleting subsection (b), thus eliminating LEGISLATION today, the Taxpayer Bill of Rights 3, the requirement that the Secretary shall contains the strongest provisions from Mr. SPECTER. Mr. President, as provide a set level of staffing of 417 full time chairman of the Committee on Veter- both the Kerrey-Grassley bill and from equivalent positions (‘‘FTE’’) for the Inspec- the House-passed bill, and also some ans’ Affairs, I have today introduced, tor General. It would also eliminate the re- at the request of the Secretary of Vet- quirement that the President include in the additional protections. This bill takes a two-pronged ap- erans Affairs, S. 1746, a proposed bill to budget transmitted to Congress an estimate remove a statutory provision requiring of an amount sufficient for the level of staff- proach to assure taxpayer rights. First, it increases basic taxpayer rights. It a specified number of full-time equiva- ing established for the Inspector General. helps place a check on IRS collection lent positions in the Office of the In- There are two reasons why the statutory Inspector General FTE level should be elimi- actions. It gets the IRS off the back of spector General, Department of Veter- nated. First, funding restraints since 1993 delinquent taxpayers who are making ans Affairs. The Acting Secretary of have prevented VA from meeting the statu- good faith efforts to resolve disputes, Veterans Affairs submitted this legisla- tory FTE requirement. Second, the statu- and it prohibits the IRS from harassing tion to the President of the Senate by tory FTE level limits VA’s ability to operate and abusing taxpayers. Specifically, it letter dated August 7, 1997. in the most efficient manner. The proposal My introduction of this measure is in also does away with the related reporting re- requires the IRS to obtain court ap- proval before seizing taxpayer property keeping with the policy which I have quirements because elimination of the statu- or belongings. Further, it requires that adopted of generally introducing—so tory FTE level renders the reporting require- the levy is reasonable. If the IRS is lev- that there will be specific bills to ment unnecessary. There are no costs associated with this ying a principal residence or business, which my colleagues and others may proposal. then the IRS must have exhausted all direct their attention and comments— other payment options, including the all Administration-proposed draft leg- By Mr. GRASSLEY (for himself, use of installment agreements. It also islation referred to the Committee on Mr. REID, and Mr. KERREY): increases taxpayer rights by allowing Veterans’ Affairs. Thus, I reserve the S. 1747. A bill to amend the Internal honest citizens to sue the IRS when its right to support or oppose the provi- Revenue Code of 1986 to provide for ad- employees negligently disregard provi- sions of, as well as any amendment to, ditional taxpayer rights and taxpayer sions of the code or regulations. this legislation. education, notice, and resources, and It also requires the IRS to enter into Mr. President, I ask unanimous con- for other purposes. installment agreements for tax liabil- sent that additional material be TAXPAYER BILL OF RIGHTS 3 ity that is less than $10,000, if the tax- pritned in the RECORD. Mr. GRASSLEY. Mr. President, I rise payer has not failed to file or pay taxes There being no objection, the mate- today to introduce legislation to fur- in the last 5 years, and has no prior in- rial was ordered to be printed in the ther protect taxpayer rights. stallment agreements. It also requires RECORD, as follows: Mr. President, I have long cham- the Commissioner to catalog and re- S. 1746 pioned taxpayer rights. In 1989, I co-au- view taxpayer complaints of mis- Be it enacted by the Senate and House of Rep- thored the first ever taxpayer bill of conduct by IRS employees, and develop resentatives of the United States of America in rights with Senator David Pryor of Ar- Congress assembled, That Section 312 of title procedures for review and discipline. It 38, United States Code, is amended— kansas. We joined forces again in 1996 expands the grounds on which tax- (1) by striking out ‘‘(a)’’ in subsection (a); to pass the sequel known as T2, the payers can sue the IRS for civil dam- and Taxpayer Bill of Rights 2. Yet, my ages to include negligent actions. S1780 CONGRESSIONAL RECORD — SENATE March 11, 1998 These are only a few of this bill’s provi- Mr. President, I ask unanimous con- Sec. 208. Independent operation of local tax- sions. sent that the text of the bill be printed payer advocates. Another inequity that is solved is the in the RECORD. SEC. 2. FINDINGS. difference between interest on tax There being no objection, the bill was The Senate finds that— overpayments and underpayments. ordered to be printed in the RECORD, as (1) the National Commission on Restruc- Currently, the IRS charges you more in follows: turing the Internal Revenue Service has interest on money you owe to it, than Be it enacted by the Senate and House of Rep- found the urgent need for significant Inter- it gives you on money that it owes you. resentatives of the United States of America in nal Revenue Service reform; (2) the ongoing hearings of the Committee This is simply not fair. Congress assembled, SECTION 1. SHORT TITLE; AMENDMENT OF 1986 on Finance of the Senate have uncovered Another unfairness that occurs is consistent abuse of taxpayers by the Internal that the IRS does not have to live by CODE; TABLE OF CONTENTS. (a) SHORT TITLE.—This Act may be cited as Revenue Service; the same collection rules that creditors the ‘‘Taxpayer Bill of Rights 3’’. (3) the Internal Revenue Service should be live by. My bill prohibits the IRS from (b) AMENDMENT OF 1986 CODE.—Except as responsible and held accountable for its communicating with a delinquent tax- otherwise expressly provided, whenever in treatment of taxpayers; payer at any unusual time or place, this Act an amendment or repeal is ex- (4) the American public expects and de- generally prohibiting telephone calls pressed in terms of an amendment to, or re- serves timely and accurate service from the other than between 8:00 a.m. and 9:00 peal of, a section or other provision, the ref- Internal Revenue Service; and erence shall be considered to be made to a (5) additional taxpayer protections are nec- p.m. It also prohibits the IRS from essary to ensure that taxpayers receive fair, harassing or abusing delinquent tax- section or other provision of the Internal Revenue Code of 1986. impartial, and courteous assistance from the payers. (c) TABLE OF CONTENTS.— Internal Revenue Service. The second prong of my bill increases TITLE I—TAXPAYER RIGHTS taxpayer education, notice and re- Sec. 1. Short title; amendment of 1986 Code; table of contents. sources. Taxpayers must be aware of SEC. 101. DISCLOSURE OF CRITERIA FOR EXAM- Sec. 2. Findings. INATION SELECTION. their rights in order to take advantage TITLE I—TAXPAYER RIGHTS (a) IN GENERAL.—The Secretary of the of them. Recent hearings have exposed Sec. 101. Disclosure of criteria for examina- Treasury or the Secretary’s delegate shall, IRS strategies that target the little tion selection. as soon as practicable, but not later than 180 guy by using his lack of knowledge Sec. 102. Civil damages for negligence in col- days after the date of the enactment of this about the process and about his rights lection actions. Act, incorporate into the statement required against him. I intend to bring this un- Sec. 103. Tax return information. by section 6227 of the Omnibus Taxpayer Bill just practice to an end. My bill estab- Sec. 104. Freedom of information. of Rights (Internal Revenue Service Publica- lishes a 24-hour a day, toll-free tax- Sec. 105. Elimination of application of fail- tion No. 1) a statement which sets forth in payer help line. This help line must be ure to pay penalty during pe- simple and nontechnical terms the criteria riod of installment agreement. and procedures for selecting taxpayers for staffed at all times by a person trained Sec. 106. Safe harbor for qualification for in- examination. Such statement shall not in- in helping individual taxpayers, and stallment agreements. clude any information the disclosure of during regular business hours by a per- Sec. 107. Cataloging complaints. which would be detrimental to law enforce- son trained to help small businesses. Sec. 108. Suspension of statute of limita- ment, but shall specify the general proce- All paper communications received tions on filing refund claims dures used by the Internal Revenue Service, from the IRS must prominently display during periods of disability. including the extent to which taxpayers are this phone number, as well as the num- Sec. 109. Limitation on financial status selected for examination on the basis of in- audit techniques. ber of the local taxpayer advocate, low- formation available in the media or on the Sec. 110. Notice of deficiency to specify basis of information provided to the Internal income taxpayer clinics and the toll- deadlines for filing tax court Revenue Service by informants. free number for taxpayers to register petition. (b) TRANSMISSION TO COMMITTEES OF CON- complaints of misconduct by IRS em- Sec. 111. Refund or credit of overpayments GRESS.—Such Secretary shall transmit drafts ployees. before final determination. of the statement required under subsection In addition, the IRS must inform tax- Sec. 112. Threat of audit prohibited to co- (a) (or proposed revisions to any such state- payers of their rights and IRS proc- erce tip reporting alternative ment) to the Committee on Ways and Means esses. This includes notice at the time commitment agreements. of the House of Representatives, the Com- Sec. 113. Court approval for seizure of tax- mittee on Finance of the Senate, and the of an interview, in a first notice of ap- payer’s property. peal, and in other contacts with the Joint Committee on Taxation on the same Sec. 114. Expansion of authority to issue day. IRS. Taxpayers also must be notified of taxpayer assistance orders. their right to refuse to extend the stat- Sec. 115. Modifications to certain levy ex- SEC. 102. CIVIL DAMAGES FOR NEGLIGENCE IN COLLECTION ACTIONS. ute of limitations when the IRS asks emption amounts. (a) IN GENERAL.—Section 7433 (relating to the taxpayer to extend this time. Sec. 116. Offers-in-compromise. Sec. 117. Increase in overpayment rate pay- civil damages for certain unauthorized col- Mr. President, this bill sends a clear lection actions) is amended— signal to the IRS: put the customer able to taxpayers other than corporations. (1) in subsection (a), by inserting ‘‘, or by first. Blame only those who are guilty. Sec. 118. Levy prohibited during certain ne- reason of negligence,’’ after ‘‘recklessly or To this end, my bill is missing one pro- gotiations. intentionally’’, and vision that is vital to taxpayer rights Sec. 119. Application of certain fair debt col- (2) in subsection (b)— reform. Today, in addition to introduc- lection procedures. (A) in the matter preceding paragraph (1), ing my own freestanding legislation, I Sec. 120. Allowance of civil damage suits by by inserting ‘‘($100,000, in the case of neg- am adding myself as a cosponsor to persons other than taxpayers ligence)’’ after ‘‘$1,000,000’’, and for IRS unauthorized collection (B) in paragraph (1), by inserting ‘‘or neg- Senator D’AMATO’s innocent spouse re- actions. ligent’’ after ‘‘reckless or intentional’’. form bill. Innocent spouses are caught Sec. 121. Cooperative agreements with State (b) EFFECTIVE DATE.—The amendments in the trap of joint and several liability tax authorities. made by this section shall apply to actions and are unfairly saddled with another’s TITLE II—TAXPAYER EDUCATION, of officers or employees of the Internal Reve- tax debt. If we are truly trying to bring NOTICE, AND RESOURCES nue Service after the date of the enactment of this Act. fairness and equity to the American Sec. 201. Explanation of taxpayers’ rights. tax system, then strong, and retro- Sec. 202. Toll-free customer help line. SEC. 104. FREEDOM OF INFORMATION. active innocent spouse reform must be Sec. 203. Notice of various telephone num- (a) IN GENERAL.—The Secretary of the a part of any IRS reform bill. bers. Treasury or the Secretary’s delegate shall, Finally, I’ll be working during Fi- Sec. 204. Procedures involving taxpayer as soon as practicable, but not later than 180 nance Committee and Senate consider- interviews. days after the date of the enactment of this ation of IRS reform legislation to give Sec. 205. Explanation of joint and several li- Act, develop procedures under which expe- taxpayers the rights they deserve. This ability. dited access will be granted to requests Sec. 206. Procedures relating to extensions under section 551 of title 5, United States bill, the Taxpayer Bill of Rights 3, is of statute of limitations by Code, when— the first step in this direction. Let the agreement. (1) there exists widespread and exceptional word ring clear: The era of IRS bully- Sec. 207. Explanations of appeals and collec- media interest in the requested information, ing is over. tion process. and March 11, 1998 CONGRESSIONAL RECORD — SENATE S1781 (2) expedited processing is warranted be- ister complaints of misconduct by Internal SEC. 111. REFUND OR CREDIT OF OVERPAY- cause the information sought involves pos- Revenue Service employees, and shall pub- MENTS BEFORE FINAL DETERMINA- sible questions about the government’s in- lish such number in Publication 1. TION. (a) TAX COURT PROCEEDINGS.—Subsection tegrity which affect public confidence. SEC. 108. SUSPENSION OF STATUTE OF LIMITA- (a) of section 6213 is amended— In addition, such procedures shall require TIONS ON FILING REFUND CLAIMS (1) by striking ‘‘, including the Tax Court.’’ the Internal Revenue Service to provide an DURING PERIODS OF DISABILITY. and inserting ‘‘, including the Tax Court, and explanation to the person making the re- (a) IN GENERAL.—Section 6511 (relating to a refund may be ordered by such court of any quest if the request is not satisfied within 30 limitations on credit or refund) is amended amount collected within the period during days, including a summary of actions taken by redesignating subsection (h) as subsection which the Secretary is prohibited from col- to date and the expected completion date. (i) and by inserting after subsection (g) the lecting by levy or through a proceeding in Finally, to the extent that any such request following: court under the provisions of this sub- is not satisfied in full within 60 days, such ‘‘(h) RUNNING OF PERIODS OF LIMITATION section.’’, and person may seek a determination of whether SUSPENDED WHILE TAXPAYER IS UNABLE TO (2) by striking ‘‘to enjoin any action or such request should be granted by the appro- MANAGE FINANCIAL AFFAIRS DUE TO DISABIL- proceeding’’ and inserting ‘‘to enjoin any ac- priate Federal district court. ITY.— tion or proceeding or order any refund’’. (b) TRANSMISSION TO COMMITTEES OF CON- ‘‘(1) IN GENERAL.—In the case of an individ- ual, the running of the periods specified in (b) OTHER PROCEEDINGS.—Subsection (a) of GRESS.—Such Secretary shall transmit drafts section 6512 is amended by striking the pe- of the procedures required under subsection subsections (a), (b), and (c) shall be sus- pended during any period of such individual’s riod at the end of paragraph (4) and inserting (a) (or proposed revisions to any such proce- ‘‘, and’’, and by inserting after paragraph (4) dures) to the Committee on Ways and Means life that such individual is financially dis- abled. the following: of the House of Representatives, the Com- ‘‘(5) As to any amount collected within the ‘‘(2) FINANCIALLY DISABLED.— mittee on Finance of the Senate, and the period during which the Secretary is prohib- Joint Committee on Taxation on the same ‘‘(A) IN GENERAL.—For purposes of para- graph (1), an individual is financially dis- ited from making the assessment or from day. collecting by levy or through a proceeding in SEC. 105. ELIMINATION OF APPLICATION OF abled if such individual is unable to manage his financial affairs by reason of his medi- court under the provisions of section 6213(a), FAILURE TO PAY PENALTY DURING and PERIOD OF INSTALLMENT AGREE- cally determinable physical or mental im- MENT. pairment which can be expected to result in ‘‘(6) As to overpayments the Secretary is authorized to refund or credit pending appeal (a) IN GENERAL.—Subsection (c) of section death or which has lasted or can be expected 6651 (relating to the penalty for failure to to last for a continuous period of not less as provided in subsection (b).’’ (c) REFUND OR CREDIT PENDING APPEAL.— file tax return or to pay tax) is amended by than 12 months. An individual shall not be Paragraph (1) of section 6512(b) is amended adding at the end the following: considered to have such an impairment un- by adding at the end the following: ‘‘If a no- ‘‘(3) TOLLING DURING PERIOD OF INSTALL- less proof of the existence thereof is fur- tice of appeal in respect of the decision of MENT AGREEMENT.—If the amount required to nished in such form and manner as the Sec- the Tax Court is filed under section 7483, the be paid is the subject of an agreement for retary may require. Secretary is authorized to refund or credit payment of tax liability in installments ‘‘(B) EXCEPTION WHERE INDIVIDUAL HAS the overpayment determined by the Tax made pursuant to section 6159, the additions GUARDIAN, ETC.—An individual shall not be Court to the extent the overpayment is not imposed under subsection (a) shall not apply treated as financially disabled during any contested on appeal.’’ so long as such agreement remains in ef- period that such individual’s spouse or any (d) EFFECTIVE DATE.—The amendments fect.’’ other person is authorized to act on behalf of made by this section shall take effect on the (b) EFFECTIVE DATE.—The amendment such individual in financial matters.’’ date of the enactment of this Act. made by this section shall apply to agree- (b) EFFECTIVE DATE.—The amendment ments entered into after the date of the en- made by subsection (a) shall apply to periods SEC. 112. THREAT OF AUDIT PROHIBITED TO CO- ERCE TIP REPORTING ALTERNATIVE actment of this Act. of disability before, on, or after the date of COMMITMENT AGREEMENTS. SEC. 106. SAFE HARBOR FOR QUALIFICATION the enactment of this Act but shall not The Secretary of the Treasury or the Sec- FOR INSTALLMENT AGREEMENTS. apply to any claim for credit or refund which retary’s delegate shall instruct employees of (a) IN GENERAL.—Subsection (a) of section (without regard to such amendment) is the Internal Revenue Service that they may 6159 (relating to agreements for payment of barred by the operation of any law or rule of not threaten to audit any taxpayer in an at- tax liability in installments) is amended— law (including res judicata) as of January 1, tempt to coerce the taxpayer into entering (1) by striking ‘‘The Secretary is’’ and in- 1998. into a Tip Reporting Alternative Commit- serting the following: SEC. 109. LIMITATION ON FINANCIAL STATUS ment Agreement. ‘‘(1) IN GENERAL.—The Secretary is’’, AUDIT TECHNIQUES. SEC. 113. COURT APPROVAL FOR SEIZURE OF (2) by moving the text 2 ems to the right, Section 7602 is amended by adding at the TAXPAYER’S PROPERTY. and end the following: (a) IN GENERAL.—Section 6331(a) (relating (3) by adding at the end the following: ‘‘(e) LIMITATION ON EXAMINATION ON UNRE- to levy and distraint) is amended by adding ‘‘(2) SAFE HARBOR.—The Secretary shall PORTED INCOME.—The Secretary shall not use at the end the following: enter into an agreement to accept the pay- financial status or economic reality exam- ‘‘(2) LIMITATION ON AUTHORITY OF SEC- ment of a tax liability in installments if— ination techniques to determine the exist- RETARY.—Notwithstanding paragraph (1), the ‘‘(A) the amount of such liability does not ence of unreported income of any taxpayer Secretary shall not levy upon any property exceed $10,000, unless the Secretary has a reasonable indica- or rights to property until a court of com- ‘‘(B) the taxpayer has not failed to file any tion that there is a likelihood of such unre- petent jurisdiction— tax return or pay any tax required to be ported income.’’ ‘‘(A) has determined that— shown thereon during the immediately pre- SEC. 110. NOTICE OF DEFICIENCY TO SPECIFY ‘‘(i) such levy is reasonable under the cir- ceding 5 years, and DEADLINES FOR FILING TAX COURT cumstances, and ‘‘(C) the taxpayer has not entered into any PETITION. ‘‘(ii) in the case of a levy upon the prin- prior installment agreement under this para- (a) IN GENERAL.—The Secretary of the cipal residence or business establishment of graph.’’ Treasury or the Secretary’s delegate shall the taxpayer, the Secretary has exhausted (b) EFFECTIVE DATE.—The amendments include on each notice of deficiency under all other payment options, and made by this section shall apply to agree- section 6212 of the Internal Revenue Code of ‘‘(B) issues a writ of execution.’’ ments entered into after the date of the en- 1986 the date determined by such Secretary (b) CONFORMING AMENDMENT.—Section actment of this Act. (or delegate) as the last day on which the 6331(a) is amended by striking ‘‘If any per- SEC. 107. CATALOGING COMPLAINTS. taxpayer may file a petition with the Tax son’’ and inserting: (a) IN GENERAL.—The Commissioner of In- Court. ‘‘(1) IN GENERAL.—If any person’’. ternal Revenue shall, as soon as practicable, (b) LATER FILING DEADLINES SPECIFIED ON (c) EFFECTIVE DATE.—The amendments but not later than 180 days after the date of NOTICE OF DEFICIENCY TO BE BINDING.—Sub- made by this section shall be effective for the enactment of this Act, develop proce- section (a) of section 6213 (relating to restric- seizures occurring on or after the date of the dures to catalog and review taxpayer com- tions applicable to deficiencies; petition to enactment of this Act. plaints of misconduct by Internal Revenue Tax Court) is amended by adding at the end SEC. 114. EXPANSION OF AUTHORITY TO ISSUE Service employees. Such procedures should the following: ‘‘Any petition filed with the TAXPAYER ASSISTANCE ORDERS. include guidelines for internal review and Tax Court on or before the last date specified (a) IN GENERAL.—Section 7811(a) (relating discipline of employees, as warranted by the for filing such petition by the Secretary in to taxpayer assistance orders) is amended— scope of such complaints. the notice of deficiency shall be treated as (1) by striking ‘‘Upon application’’ and in- (b) HOTLINE.— The Commissioner of Inter- timely filed.’’ serting the following: nal Revenue shall, as soon as practicable, (c) EFFECTIVE DATE.—Subsection (a) and ‘‘(1) IN GENERAL.—Upon application’’, but not later than 180 days after the date of the amendment made by subsection (b) shall (2) by moving the text 2 ems to the right, the enactment of this Act, establish a toll- apply to notices mailed after December 31, and free telephone number for taxpayers to reg- 1998. (3) by adding at the end the following: S1782 CONGRESSIONAL RECORD — SENATE March 11, 1998

‘‘(2) DETERMINATION OF HARDSHIP.—For pur- ‘‘(A) during the period that an offer by a consumer reporting agency or to persons poses of determining whether a taxpayer is such person in compromise under section meeting the requirements of section 603(f) or suffering or about to suffer a significant 7122, or for an installment agreement under 604(a)(3) of the Fair Credit Reporting Act. hardship, the Taxpayer Advocate should con- section 6159, of such unpaid tax is pending ‘‘(4) Causing a telephone to ring or engag- sider— with the Secretary, and ing any person in telephone conversation re- ‘‘(A) whether the Internal Revenue Service ‘‘(B) if such offer is rejected by the Sec- peatedly or continuously with intent to employee to which such order would issue is retary, during the 30 days thereafter (and, if annoy, abuse, or harass any person at the following applicable published administra- an appeal of such rejection is filed within called number. tive guidance, including the Internal Reve- such 30 days, during the period that such ap- ‘‘(5) Except as provided under rules similar nue Manual, peal is pending). to the rules in section 804 of the Fair Debt ‘‘(B) whether there is an immediate threat ‘‘(3) CERTAIN ASSESSMENTS OF INDIVIDUAL Collection Practices Act (15 U.S.C. 1692b), of adverse action, INCOME TAX.—This paragraph applies to any the placement of telephone calls without ‘‘(C) whether there has been a delay of unpaid tax of an individual which is imposed meaningful disclosure of the caller’s iden- more than 30 days in resolving taxpayer ac- by subtitle A during the 60-day period begin- tity. count problems, ning on the date such individual requests ‘‘(c) CIVIL ACTION FOR VIOLATIONS OF SEC- ‘‘(D) the prospect that the taxpayer will that this paragraph apply to such tax if— TION.— have to pay significant professional fees for ‘‘(A) such tax was included in a notice of ‘‘For civil action for violations of this sec- representation, deficiency under section 6212 mailed to the tion, see section 7433.’’ ‘‘(E) whether the taxpayer will suffer irrep- last known address of such individual, and (b) CLERICAL AMENDMENT.—The table of ‘‘(B) the assessment of such tax was not arable injury, or a long-term adverse impact, sections for subchapter A of chapter 64 is prevented at any prior time by reason of any if relief is not granted, and amended by inserting after the item relating action taken by such individual. ‘‘(F) any other factor the Taxpayer Advo- to section 6303 the following: cate deems appropriate.’’ ‘‘(4) EXCEPTION.—Paragraph (1) shall not (b) EFFECTIVE DATE.—The amendments apply if the Secretary finds that— ‘‘Sec. 6304. Fair tax collection practices.’’ made by this section shall take effect on the ‘‘(A) the collection of the tax is in jeop- (c) EFFECTIVE DATE.—The amendments date of the enactment of this Act. ardy, or made by this section shall take effect on the SEC. 115. MODIFICATIONS TO CERTAIN LEVY EX- ‘‘(B) the offer or request is made solely to date of the enactment of this Act. delay collection. EMPTION AMOUNTS. SEC. 120. ALLOWANCE OF CIVIL DAMAGE SUITS (a) FUEL, ETC.—Section 6334(a)(2) (relating ‘‘(5) SUSPENSION OF STATUTE OF LIMITATIONS BY PERSONS OTHER THAN TAX- to fuel, provisions, furniture, and personal ON COLLECTION.—Subsection (i)(4) shall apply PAYERS FOR IRS UNAUTHORIZED effects) is amended by striking ‘‘$2,500’’ and for purposes of this subsection.’’ COLLECTION ACTIONS. inserting ‘‘$5,000’’. (b) EFFECTIVE DATE.—The amendment (a) IN GENERAL.—Section 7433(a) (relating (b) BOOKS, ETC.—Section 6334(a)(3) (relat- made by this section shall apply to taxes as- to civil damages for certain unauthorized ing to books and tools of a trade, business, or sessed on or after the 60th day after the date collection damages) is amended— profession) is amended by striking ‘‘$1,250’’ of the enactment of this Act. (1) by striking ‘‘a taxpayer’’ and inserting and inserting ‘‘$10,000’’. SEC. 119. APPLICATION OF CERTAIN FAIR DEBT ‘‘any person’’, and COLLECTION PROCEDURES. (c) CONFORMING AMENDMENT .—Section (2) by striking ‘‘such taxpayer’’ and insert- 6334(f)(1) (relating to inflation adjustment) is (a) IN GENERAL.—Subchapter A of chapter ing ‘‘such person’’. 64 (relating to collection) is amended by in- amended— (b) EFFECTIVE DATE.—The amendments (1) by striking ‘‘1997’’ and inserting ‘‘1999’’, serting after section 6303 the following: made by this section shall apply to actions and ‘‘SEC. 6304. FAIR TAX COLLECTION PRACTICES. by officers or employees of the Internal Rev- (2) by striking ‘‘1996’’ in subparagraph (B) ‘‘(a) COMMUNICATION WITH THE TAXPAYER.— enue Service after the date of the enactment and inserting ‘‘1998’’. Without the prior consent of the taxpayer of this Act. given directly to the Secretary or the ex- (d) EFFECTIVE DATE.—The amendments press permission of a court of competent ju- SEC. 121. COOPERATIVE AGREEMENTS WITH made by this section shall tale effect with STATE TAX AUTHORITIES. risdiction, the Secretary may not commu- respect to levies issued after December 31, nicate with a taxpayer in connection with (a) IN GENERAL.—Chapter 77 (relating to 1998. the collection of any unpaid tax— miscellaneous provisions) is amended by add- SEC. 116. OFFERS-IN-COMPROMISE. ‘‘(1) at any unusual time or place or a time ing after section 7524 the following: (a) IN GENERAL.—Section 7122 (relating to or place known or which should be known to ‘‘SEC. 7525. TAX ADMINISTRATION AGREEMENTS. offers-in-compromise) is amended by adding be inconvenient to the taxpayer; ‘‘(a) IN GENERAL.—To the extent provided at the end the following: ‘‘(2) if the Secretary knows the taxpayer is in regulations, the Secretary is authorized to ‘‘(c) ALLOWANCES.—The Secretary shall de- represented by an attorney with respect to enter into tax administration agreements velop and publish guidelines for national and such unpaid tax and has knowledge of, or can with any State agency, body, or commission local allowances to ensure that taxpayers en- readily ascertain, such attorney’s name and described in section 6103(d)(1). Under such tering into a compromise have an adequate address, unless the attorney fails to respond agreements, the Secretary may delegate means to provide for basic living expenses.’’ within a reasonable period of time to a com- powers relating to the administration of this (b) EFFECTIVE DATE.—The amendment munication from the Secretary or unless the title to officers and employees of such State made by this section shall take effect on the attorney consents to direct communication agency, body, or commission, only if such of- date of the enactment of this Act. with the taxpayer; or ficers and employees in exercising such pow- SEC. 117. INCREASE IN OVERPAYMENT RATE PAY- ‘‘(3) at the taxpayer’s place of employment ers are under the supervision of the Sec- ABLE TO TAXPAYERS OTHER THAN if the Secretary knows or has reason to retary. CORPORATIONS. know that the taxpayer’s employer prohibits ‘‘(b) TAX ADMINISTRATION AGREEMENT DE- (a) IN GENERAL.—Subparagraph (B) of sec- the taxpayer from receiving such commu- FINED.—A tax administration agreement is a tion 6621(a)(1) (defining overpayment rate) is nication. written agreement entered into by the Sec- amended to read as follows: In the absence of knowledge of cir- retary and a State agency, body, or commis- ‘‘(B) 3 percentage points (2 percentage cumstances to the contrary, the Secretary sion described in section 6103(d)(1) that pro- points in the case of a corporation).’’ shall assume that the convenient time for vides for a delegation of tax administration (b) EFFECTIVE DATE.—The amendment communicating with a taxpayer is after 8 powers or a payment of reasonable com- made by this section shall apply to interest a.m. and before 9 p.m., local time at the tax- pensation for activities conducted by either for calendar quarters beginning after the payer’s location. party to the agreement. Each Federal or date of the enactment of this Act. ‘‘(b) PROHIBITION OF HARASSMENT AND State tax administration power to be exer- SEC. 118. LEVY PROHIBITED DURING CERTAIN ABUSE.—The Secretary may not engage in cised pursuant to a tax administration NEGOTIATIONS. any conduct the natural consequence of agreement shall be performed in accordance (a) IN GENERAL.—Section 6331 (relating to which is to harass, oppress, or abuse any per- with the terms of the agreement to the ex- levy and distraint) is amended by redesignat- son in connection with any unpaid tax. With- tent such terms do not conflict with the Fed- ing subsection (i) as subsection (j) and by in- out limiting the general application of the eral or State laws that otherwise authorize serting after subsection (h) the following: foregoing, the following conduct is a viola- the respective tax administration function. ‘‘(j) NO LEVY DURING CERTAIN NEGOTIA- tion of this subsection: ‘‘(c) JUDICIAL PROCEEDINGS.— TIONS.— ‘‘(1) The use or threat of use of violence or ‘‘(1) REVIEW BY THE UNITED STATES ‘‘(1) IN GENERAL.—No levy may be made other criminal means to harm the physical COURTS.—Nothing in this subchapter shall under subsection (a) on the salary or wages person, reputation, or property of any per- give any court of the United States any addi- or other property of any person with respect son. tional jurisdiction nor diminish its jurisdic- to any unpaid tax in a case, and during the ‘‘(2) The use of obscene or profane language tion. period, to which paragraph (2) or (3) applies. or language the natural consequence of ‘‘(2) PROHIBITION OF REVIEW BY THE STATE ‘‘(2) OFFERS IN COMPROMISE; INSTALLMENT which is to abuse the hearer or reader. COURTS.—No court or other tribunal of any AGREEMENTS.—This paragraph applies to any ‘‘(3) The publication of a list of taxpayers State shall have jurisdiction to adjudicate in unpaid tax of such person— who allegedly refuse to pay taxes, except to any action, legal or equitable, the validity or March 11, 1998 CONGRESSIONAL RECORD — SENATE S1783

scope of an assessment of an internal reve- ‘‘(C) PERMISSIBLE RECIPIENTS.—The rep- (c) CLERICAL AMENDMENT.—The table of nue tax that is the subject of a tax adminis- resentatives of such agency, body, or com- sections for chapter 77 is amended by adding tration agreement. mission to whom disclosure is permitted at the end the following: IMITATION ON PERSONAL JURISDIC- ‘‘(3) L under this paragraph shall include only em- ‘‘Sec. 7525. Tax administration agree- TION.—No court or other tribunal of any ployees or legal representatives of such ments.’’ State shall have jurisdiction over an individ- agency, body, or commission, or a person de- TITLE II—TAXPAYER EDUCATION, NOTICE, ual who exercises Federal tax administration scribed in subsection (n) of this section. AND RESOURCES powers pursuant to a tax administration However, notwithstanding the foregoing, dis- agreement for actions relating to the exer- closure shall not be permitted to any indi- SEC. 201. EXPLANATION OF TAXPAYERS’ RIGHTS. cise of those powers. vidual who is the chief executive officer of The Secretary of the Treasury or the Sec- ‘‘(d) PAYMENT FOR SERVICES.—The Sec- such State. retary’s delegate shall, as soon as prac- retary is authorized to pay reasonable com- ticable, but not later than 180 days after the ‘‘(D) CONFIDENTIAL INFORMANTS; IMPAIR- pensation for activities conducted by a State date of the enactment of this Act, revise the MENT OF INVESTIGATIONS.—Return informa- pursuant to a tax administration agreement. statement required by section 6227 of the tion shall not be disclosed under this para- The Secretary is authorized to collect rea- Omnibus Taxpayer Bill of Rights (Internal graph to the extent that the Secretary deter- sonable compensation for activities con- Revenue Service Publication No. 1) to more mines that such disclosure would identify a ducted by the United States pursuant to a clearly inform taxpayers of their rights. confidential informant or seriously impair tax administration agreement. SEC. 202. TOLL-FREE CUSTOMER HELP LINE. ‘‘(e) AVAILABILITY OF FUNDS.—Any funds any civil or criminal tax investigation.’’; and (B) by adding at the end the following: The Secretary of the Treasury or the Sec- appropriated for purposes of the administra- retary’s delegate shall, as soon as prac- ‘‘(5) JOINT RETURN FILING PROGRAMS.— tion of this title shall be available for pur- ticable, but not later than 180 days after the ‘‘(A) IN GENERAL.—Upon written request by poses of carrying out the Secretary’s respon- date of the enactment of this Act, establish the head of any agency, body, or commission sibilities under a tax administration agree- a 24-hour-a-day toll-free telephone customer described in paragraph (1), the Secretary ment. Any reasonable compensation received help line, staffed at all times by a person may disclose common data to such agency, pursuant to a tax administration agreement trained in helping individual taxpayers and body or commission for the purpose of carry- shall be credited to the amounts so appro- staffed during regular business hours (for all ing out a joint return filing program entered priated and shall remain available to the In- time zones in the United States) by a person into under section 7525. ternal Revenue Service until expended to trained in helping small business taxpayers. supplement appropriations made available to ‘‘(B) COMMON DATA DEFINED.—For purposes the appropriations accounts in the fiscal of this paragraph, ‘common data’ means any SEC. 203. NOTICE OF VARIOUS TELEPHONE NUM- BERS. item of information that is required by both year during which this provision is enacted The Secretary of the Treasury or the Sec- and all fiscal years thereafter. Federal and State law to be attached to or retary’s delegate shall, as soon as prac- ‘‘(f) TAX TREATIES AND OTHER INTER- included on the respective Federal and State ticable, but not later than 180 days after the NATIONAL AGREEMENTS.—To the extent the returns. date of the enactment of this Act, provide provisions of this subchapter or a tax admin- ‘‘(C) PROCEDURES FOR STATE AGENCIES.— that all paper communications received by a istration agreement may conflict with the Subsections (a)(2) and (p)(4) of this section taxpayer from the Internal Revenue Service terms of any tax treaty, or other inter- shall not apply with respect to any disclo- shall include in a prominent manner the national agreement of the United States con- sures made pursuant to this paragraph. How- telephone number and purpose of the nearest taining provisions relating to taxation or the ever, common data disclosed pursuant to local office of the taxpayer advocate and the administration of tax laws, the terms of the this paragraph is subject to subsection (p)(8) low income taxpayer clinic and the toll-free treaty or international agreement shall con- of this section.’’ telephone number for taxpayers to register trol. (2) Section 6103(p)(3) is amended— ‘‘(g) EMPLOYEE STATUS.—Any officer or em- complaints of misconduct by Internal Reve- (A) in subparagraph (A) by inserting ‘‘(d),’’ nue Service employees established under sec- ployee of the United States acting pursuant after ‘‘subsections (c),’’; and to a tax administration agreement shall be tion 107(b). (B) in subparagraph (C)(i) by striking SEC. 204. PROCEDURES INVOLVING TAXPAYER deemed to remain a Federal employee. Ex- ‘‘(d),’’. cept as otherwise expressly provided by the INTERVIEWS. (3) Section 7212(a) is amended by inserting (a) IN GENERAL.—Paragraph (1) of section laws of the United States, any officer or em- ‘‘or any State officer or employee who is au- ployee of a State acting pursuant to a tax 7521(b) (relating to procedures involving tax- thorized to administer Federal tax laws pur- payer interviews) is amended to read as fol- administration agreement shall be deemed suant to an agreement authorized by section to remain a State employee.’’ lows: 7525’’ after ‘‘any officer or employee of the (b) CONFORMING AMENDMENTS.— ‘‘(1) EXPLANATIONS OF PROCESSES.—An offi- United States’’ in both places it appears. (1) Section 6103(d) is amended— cer or employee of the Internal Revenue (A) by amending paragraph (1) to read as (4) Section 7213(a)(2) is amended by delet- Service shall— follows: ing ‘‘(d),’’ and inserting instead ‘‘(d)(1), (2), ‘‘(A) before or at an initial interview, pro- (3), or (4),’’. ‘‘(1)(A) IN GENERAL.—Returns and return vide to the taxpayer— information with respect to taxes imposed (5) Section 7214 is amended— ‘‘(i) in the case of an in-person interview by chapters 1, 2, 6, 11, 12, 21, 23, 24, 31, 32, 44, (A) in subsection (a), by inserting ‘‘or any with the taxpayer relating to the determina- 51, and 52 and subchapter D of chapter 36 State officer or employee who is authorized tion of any tax, an explanation of the audit shall be open to inspection by, or disclosure to administer Federal tax laws pursuant to process and the taxpayer’s rights under such to, any State agency, body, or commission, an agreement authorized by section 7525’’ process, or or its legal representative, which is charged after ‘‘Any officer or employee of the United ‘‘(ii) in the case of an in-person interview under the laws of such State with the respon- States’’; and with the taxpayer relating to the collection sibility for the administration of State tax (B) in subsection (b), by inserting ‘‘or any of any tax, an explanation of the collection laws for the purpose of, and only to the ex- State employee who is authorized to admin- process and the taxpayer’s rights under such tent necessary in— ister Federal tax laws pursuant to an agree- process, and ‘‘(i) the administration of such laws, in- ment authorized by section 7525’’ after ‘‘Any ‘‘(B) before an in-person initial interview cluding any procedures with respect to locat- internal revenue officer or employee’’. with the taxpayer relating to the determina- ing, any person who may be entitled to a re- (6) Section 7431(a)(1) is amended by insert- tion of any tax— fund; or ing ‘‘or any State employee who is author- ‘‘(i) inquire whether the taxpayer is rep- ‘‘(ii) the administration of Federal tax ized to administer Federal tax laws pursuant resented by an individual described in sub- laws pursuant to a tax administration agree- to an agreement authorized by section 7525’’ section (c), ment entered into between such agency, after ‘‘If any officer or employee of the ‘‘(ii) explain that the taxpayer has the body or commission and the Secretary under United States’’. right to have the interview take place in a section 7525. (7) Section 7432(a) is amended by inserting reasonable place and that such place does ‘‘(B) WRITTEN REQUEST BY AGENCY HEAD RE- ‘‘or any State employee who is authorized to not have to be the taxpayer’s home, QUIRED FOR DISCLOSURE.—The inspection of release liens under section 6325 pursuant to ‘‘(iii) explain the reasons for the selection returns and return information under this an agreement authorized by section 7525’’ of the taxpayer’s return for examination, paragraph shall be permitted, or disclosure after ‘‘If any officer or employee of the Inter- and of such returns and return information nal Revenue Service’’. ‘‘(iv) provide the taxpayer with a written made, only upon written request by the head (8) Section 7433(a), as amended by this Act, explanation of the applicable burdens of of such agency, body, or commission, and is amended by inserting ‘‘or any State em- proof on taxpayers and the Internal Revenue only to the representatives of such agency, ployee who is authorized to collect Federal Service. body, or commission designated in such writ- taxes pursuant to an agreement authorized If the taxpayer is represented by an individ- ten request as the individuals who are to in- by section 7525’’ after ‘‘If, in connection with ual described in subsection (c), the interview spect or receive the returns or return infor- any collection of Federal tax with respect to may not proceed without the presence of mation on behalf of such agency, body, or any person, any officer or employee of the such individual unless the taxpayer con- commission. Internal Revenue Service’’. sents.’’ S1784 CONGRESSIONAL RECORD — SENATE March 11, 1998 (b) EFFECTIVE DATE.—The amendments simile, and other electronic communication amounts received as scholarships by an made by this section shall apply to inter- access, and a separate post office address individual under the National Health views and examinations taking place after from the Internal Revenue Service district Corps Scholarship Program. the date of the enactment of this Act. office or service center which it serves.’’ S. 1334 SEC. 205. EXPLANATION OF JOINT AND SEVERAL (b) EFFECTIVE DATE.—The amendment OND LIABILITY. made by this section shall take effect on the At the request of Mr. B , the name EN (a) IN GENERAL.—The Secretary of the date of the enactment of this Act. of the Senator from Utah [Mr. B - NETT] was added as a cosponsor of S. Treasury or the Secretary’s delegate shall, f as soon as practicable, but not later than 180 1334, a bill to amend title 10, United days after the date of the enactment of this ADDITIONAL COSPONSORS States Code, to establish a demonstra- Act, establish procedures to clearly alert tion project to evaluate the feasibility S. 153 taxpayers of their joint and several liabil- of using the Federal Employees Health ities on all tax forms, publications, and in- At the request of Mr. MOYNIHAN, the Benefits program to ensure the structions issued during the period joint and name of the Senator from Tennessee availablity of adequate health care for several liability remains a standard of liabil- [Mr. FRIST] was added as a cosponsor of Medicare-eligible beneficiaries under ity. Such procedures shall include expla- S. 153, a bill to amend the Age Dis- the military health care system. nations of the possible consequences of joint crimination in Employment Act of 1967 S. 1422 and several liability. to allow institutions of higher edu- At the request of Mr. MCCAIN, the (b) TRANSMISSION TO COMMITTEES OF CON- cation to offer faculty members who GRESS.—Such Secretary shall transmit drafts name of the Senator from Wyoming of the procedures required under subsection are serving under an arrangement pro- [Mr. ENZI] was added as a cosponsor of (a) (or proposed revisions to any such proce- viding for unlimited tenure, benefits on S. 1422, a bill to amend the Commu- dures) to the Committee on Ways and Means voluntary retirement that are reduced nications Act of 1934 to promote com- of the House of Representatives, the Com- or eliminated on the basis of age, and petition in the market for delivery of mittee on Finance of the Senate, and the for other purposes. multichannel video programming and Joint Committee on Taxation on the same S. 623 day. for other purposes. At the request of Mr. INOUYE, the S. 1461 SEC. 206. PROCEDURES RELATING TO EXTEN- SIONS OF STATUTE OF LIMITATIONS name of the Senator from Maryland At the request of Mr. LAUTENBERG, BY AGREEMENT. [Mr. SARBANES] was added as a cospon- the name of the Senator from New (a) IN GENERAL.—Paragraph (4) of section sor of S. 623, a bill to amend title 38, Hampshire [Mr. GREGG] was added as a 6501(c) (relating to the period for limitations United States Code, to deem certain cosponsor of S. 1461, a bill to establish on assessment and collection) is amended— service in the organized military forces a youth mentoring program. (1) by striking ‘‘Where’’ and inserting the of the Government of the Common- S. 1473 following: wealth of the Philipines and the Phil- RAHAM ‘‘(A) IN GENERAL.—Where’’, At the request of Mr. G , the (2) by moving the text 2 ems to the right, ippine Scouts to have been active serv- name of the Senator from Ohio [Mr. and ice for purposes of benefits under pro- DEWINE] was added as a cosponsor of S. (3) by adding at the end the following: grams administered by the Secretary 1473, a bill to encourage the develop- ‘‘(B) NOTICE TO TAXPAYER OF RIGHT TO of Veterans Affairs. ment of a commercial space industry REFUSE OR LIMIT EXTENSION.—The Secretary S. 625 in the United States, and for other pur- shall notify the taxpayer of the taxpayer’s poses. right to refuse to extend the period of limita- At the request of Mr. MCCONNELL, S. 1490 tions, or to limit such extension to particu- the name of the Senator from Alabama lar issues, on each occasion when the tax- [Mr. SESSIONS] was added as a cospon- At the request of Mr. JEFFORDS, the payer is requested to provide such consent.’’ sor of S. 625, a bill to provide for com- name of the Senator from Louisiana (b) EFFECTIVE DATE.—The amendments petition between forms of motor vehi- [Ms. LANDRIEU] was added as a cospon- made by this section shall apply to requests cle insurance, to permit an owner of a sor of S. 1490, a bill to improve the to extend the period of limitations made motor vehicle to choose the most ap- quality of child care provided through after the date of the enactment of this Act. propriate form of insurance for that Federal facilities and programs, and SEC. 207. EXPLANATIONS OF APPEALS AND COL- person, to guarantee affordable pre- for other purposes. LECTION PROCESS. miums, to provide for more adequate S. 1578 (a) TAXPAYER SPECIFIC EXPLANATION.—The At the request of Mr. MCCAIN, the Secretary of the Treasury or the Secretary’s and timely compensation for accident delegate shall, as soon as practicable but not victims, and for other purposes. name of the Senator from Wyoming NZI later than 180 days after the date of the en- S. 887 [Mr. E ] was added as a cosponsor of S. 1578, a bill to make available on the actment of this Act, include with any 1st let- At the request of Ms. MOSELEY- ter of proposed deficiency which allows the Internet, for purposes of access and re- BRAUN, the name of the Senator from taxpayer an opportunity for administrative trieval by the public, certain informa- Minnesota [Mr. WELLSTONE] was added review in the Internal Revenue Service Of- tion available through the Congres- as a cosponsor of S. 887, a bill to estab- fice of Appeals an explanation of the appeals sional Research Service web site. process and the collection process with re- lish in the National Service the Na- S. 1594 spect to such proposed deficiency. tional Underground Railroad Network At the request of Mr. BENNETT, the (b) GENERAL EXPLANATION.—The Secretary to Freedom program, and for other pur- name of the Senator from Arizona [Mr. of the Treasury or the Secretary’s delegate poses. shall, as soon as practicable but not later MCCAIN] was added as a cosponsor of S. S. 1194 than 180 days after the date of the enactment 1594, a bill to amend the Bank Protec- of this Act, make available to the general At the request of Mr. KYL, the name tion Act of 1968 for purposes of facili- public, a booklet which in simple language of the Senator from Utah [Mr. HATCH] tating the use of electronic authentica- provides an explanation of the appeals proc- was added as a cosponsor of S. 1194, a tion techniques by financial institu- ess and the collection process and the rights bill to amend title XVIII of the Social tions, and for other purposes. of taxpayers at each step of such process. Security Act to clarify the right of S. 1618 SEC. 208. INDEPENDENT OPERATION OF LOCAL medicare beneficiaries to enter into TAXPAYER ADVOCATES. At the request of Mr. MCCAIN, the private contracts with physicians and names of the Senator from Michigan (a) INDEPENDENT OPERATION OF LOCAL OF- other health care professionals for the FICES.—Section 7802(d) (relating to Office of [Mr. ABRAHAM] and the Senator from Taxpayer Advocate) is amended by adding at provision of health services for which Montana [Mr. BAUCUS] were added as the end the following: no payment is sought under the medi- cosponsors of S. 1618, a bill to amend ‘‘(4) OPERATION OF LOCAL OFFICES.— care program. the Communications Act of 1934 to im- ‘‘(A) INDEPENDENT OPERATION.—Each local S. 1286 prove the protection of consumers taxpayer advocate shall, at the taxpayer ad- At the request of Mr. JEFFORDS, the against ‘‘slamming’’ by telecommuni- vocate’s discretion, not disclose to the Inter- name of the Senator from Illinois [Ms. cations carriers, and for other pur- nal Revenue Service contact with, or infor- mation provided by, a taxpayer. MOSELEY-BRAUN] was added as a co- poses. ‘‘(B) MAINTENANCE OF INDEPENDENT COMMU- sponsor of S. 1286, a bill to amend the S. 1648 NICATIONS.—Each local office of the taxpayer Internal Revenue Code of 1986 to ex- At the request of Mr. JEFFORDS, the advocate shall maintain separate phone, fac- clude from gross income certain name of the Senator from Utah [Mr. March 11, 1998 CONGRESSIONAL RECORD — SENATE S1785

HATCH] was added as a cosponsor of S. October 18 through October 24, 1998, as Hawaii [Mr. AKAKA], the Senator from 1648, a bill to amend the Public Health ‘‘National Character Counts Week.’’ North Carolina [Mr. FAIRCLOTH], the Service Act and the Food, Drug and SENATE RESOLUTION 193 Senator from Maine [Ms. SNOWE], the Cosmetic Act to provide for reductions At the request of Mr. REID, the name Senator from Maine [Ms. COLLINS], the in youth smoking, for advancements in of the Senator from Louisiana [Ms. Senator from Washington [Mrs. MUR- tobacco-related research, and the de- LANDRIEU] was added as a cosponsor of RAY], the Senator from New Jersey velopment of safer tobacco products, Senate Resolution 193, a resolution des- [Mr. LAUTENBERG], the Senator from and for other purposes. ignating December 13, 1998, as ‘‘Na- New York [Mr. MOYNIHAN], the Senator S. 1649 tional Children’s Memorial Day.’’ from Massachusetts [Mr. KERRY], the At the request of Mr. FORD, the name AMENDMENT NO. 1711 Senator from North Carolina [Mr. of the Senator from Kentucky [Mr. At the request of Mrs. HUTCHISON, the HELMS], the Senator from Louisiana MCCONNELL] was added as a cosponsor name of the Senator from Arizona [Mr. [Mr. BREAUX], and the Senator from of S. 1649, a bill to exempt disabled in- KYL] was added as a cosponsor of Rhode Island [Mr. REED] were added as dividuals from being required to enroll amendment No. 1711 intended to be pro- cosponsors of amendment No. 1768 in- with a managed care entity under the posed to S. 1173, a bill to authorize tended to be proposed to S. 1173, a bill medicaid program. funds for construction of highways, for to authorize funds for construction of S. 1723 highway safety programs, and for mass highways, for highway safety pro- At the request of Mr. ABRAHAM, the transit programs, and for other pur- grams, and for mass transit programs, name of the Senator from Minnesota poses. and for other purposes. AMENDMENT NO. 1838 [Mr. GRAMS] was added as a cosponsor AMENDMENT NO. 1716 of S. 1723, a bill to amend the Immigra- At the request of Mr. SPECTER, the At the request of Mr. JEFFORDS, the tion and Nationality Act to assist the names of the Senator from New Hamp- name of the Senator from Pennsyl- United States to remain competitive vania [Mr. SANTORUM] was added as a shire [Mr. SMITH], the Senator from In- by increasing the access of the United cosponsor of amendment No. 1838 pro- diana [Mr. LUGAR], the Senator from States firms and institutions of higher posed to S. 1173, a bill to authorize Oregon [Mr. SMITH], the Senator from education to skilled personnel and by funds for construction of highways, for Ohio [Mr. GLENN], and the Senator expanding educational and training op- highway safety programs, and for mass from Iowa [Mr. HARKIN] were added as portunities for American students and cosponsors of amendment No. 1716 pro- transit programs, and for other pur- workers. posed to S. 1173, a bill to authorize poses. SENATE CONCURRENT RESOLUTION 30 funds for construction of highways, for AMENDMENT NO. 1906 At the request of Mr. HELMS, the highway safety programs, and for mass At the request of Mr. NICKLES, his name of the Senator from Illinois [Mr. transit programs, and for other pur- name was added as a cosponsor of DURBIN] was added as a cosponsor of poses. amendment No. 1906 proposed to S. Senate Concurrent Resolution 30, a 1173, a bill to authorize funds for con- AMENDMENT NO. 1726 concurrent resolution expressing the struction of highways, for highway At the request of Mr. MCCAIN, the sense of the Congress that the Republic safety programs, and for mass transit name of the Senator from Arizona [Mr. of China should be admitted to multi- programs, and for other purposes. KYL] was added as a cosponsor of lateral economic institutions, includ- amendment No. 1726 proposed to S. AMENDMENT NO. 1911 ing the International Monetary Fund 1173, a bill to authorize funds for con- At the request of Mr. ABRAHAM, the and the International Bank for Recon- struction of highways, for highway names of the Senator from Connecticut struction and Development. safety programs, and for mass transit [Mr. DODD] and the Senator from Ari- SENATE CONCURRENT RESOLUTION 77 programs, and for other purposes. zona [Mr. MCCAIN] were added as co- At the request of Mr. SESSIONS, the sponsors of amendment No. 1911 pro- AMENDMENT NO. 1734 name of the Senator from South Caro- posed to S. 1173, a bill to authorize At the request of Mr. LIEBERMAN, his lina [Mr. THURMOND] was added as a co- funds for construction of highways, for name was added as a cosponsor of sponsor of Senate Concurrent Resolu- highway safety programs, and for mass amendment No. 1734 intended to be pro- tion 77, a concurrent resolution ex- transit programs, and for other pur- posed to S. 1173, a bill to authorize pressing the sense of the Congress that poses. funds for construction of highways, for the Federal government should ac- f knowledge the importance of at-home highway safety programs, and for mass AMENDMENTS SUBMITTED parents and should not discriminate transit programs, and for other pur- against families who forego a second poses. AMENDMENT NO. 1735 income in order for a mother or father THE INTERMODAL SURFACE At the request of Mr. CLELAND, the to be at home with their children. TRANSPORTATION EFFICIENCY name of the Senator from Georgia [Mr. SENATE CONCURRENT RESOLUTION 78 ACT OF 1997 At the request of Mr. DORGAN, the COVERDELL] was added as a cosponsor name of the Senator from Connecticut of amendment No. 1735 intended to be [Mr. LIEBERMAN] was added as a co- proposed to S. 1173, a bill to authorize BREAUX AMENDMENT NO. 1950 funds for construction of highways, for sponsor of Senate Concurrent Resolu- (Ordered to lie on the table.) highway safety programs, and for mass tion 78, a concurrent resolution relat- Mr. BREAUX submitted an amend- transit programs, and for other pur- ing to the indictment and prosecution ment intended to be proposed by him poses. of Saddam Hussein for war crimes and to amendment No. 1676 proposed by Mr. other crimes against humanity. AMENDMENT NO. 1766 CHAFEE to the bill (S. 1173) to authorize At the request of Mr. SPECTER, the At the request of Mr. MURKOWSKI, the funds for construction of highways, for names of the Senator from Connecticut names of the Senator from Rhode Is- highway safety programs, and for mass [Mr. DODD] and the Senator from Ari- land [Mr. REED] and the Senator from transit programs, and for other pur- zona [Mr. KYL] were added as cospon- New York [Mr. MOYNIHAN] were added poses; as follows: sors of Senate Concurrent Resolution as cosponsors of amendment No. 1766 At the appropriate place insert: 78, supra. intended to be proposed to S. 1173, a SECTION 1010. GRADE CROSSING ELIMINATION SENATE RESOLUTION 176 bill to authorize funds for construction PROGRAM At the request of Mr. DOMENICI, the of highways, for highway safety pro- SEC. 1402. RAILWAY-HIGHWAY CROSS- names of the Senator from Louisiana grams, and for mass transit programs, ING HAZARD ELIMINATION IN HIGH SPEED RAIL CORRIDORS. [Mr. BREAUX], the Senator from Alaska and for other purposes. Section 104(d) of title 23, United States AMENDMENT NO. 1768 [Mr. STEVENS], and the Senator from Code, is amended by striking paragraphs (2) Rhode Island [Mr. CHAFEE] were added At the request of Mr. MURKOWSKI, the and (3) and inserting the following: as cosponsors of Senate Resolution 176, names of the Senator from Massachu- ‘‘(2) RAILWAY-HIGHWAY CROSSING HAZARD a resolution proclaiming the week of setts [Mr. KENNEDY], the Senator from ELIMINATION IN HIGH SPEED RAIL CORRIDORS.— S1786 CONGRESSIONAL RECORD — SENATE March 11, 1998

‘‘(A) IN GENERAL.—Before making an appor- year 2000, for carrying out section 26102 (in- any amounts authorized under this sub- tionment of funds under subsection (b)(3) for cluding payment of administrative expenses section for any fiscal year for which any ob- a fiscal year, the Secretary shall set aside related thereto). ligation limitation established for Federal- $50,000,000 of the funds authorized to be ap- ‘‘(f) FISCAL YEAR 2001.—(1) There are au- aid highways is less than the obligation limi- propriated for the surface transportation thorized to be appropriated to the Secretary tation established for fiscal year 1998. program for fiscal year 1999, $100,000,000 of $40,000,000 for fiscal year 2001, for carrying On page 415, strike lines 10 through 15 and the funds authorized to be appropriated for out section 26101 (including payment of ad- insert the following: the surface transportation program for the ministrative expenses related thereto). (other than the Mass Transit Account) to fiscal year 2000, $150,000,000 of the funds au- ‘‘(2) There are authorized to be appro- carry out sections 502, 507, 509, and 511 thorized to be appropriated for the surface priated to the Secretary $30,000,000 for fiscal $98,000,000 for fiscal year 1998, $31,000,000 for transportation program for fiscal year 2001, year 2001, for carrying out section 26102 (in- fiscal year 1999, $34,000,000 for fiscal year $150,000,000 of the funds authorized to be ap- cluding payment of administrative expenses 2000, $37,000,000 for fiscal year 2001, $40,000,000 propriated for the surface transportation related thereto). for fiscal year 2002, and $44,000,000 for fiscal program for fiscal year 2003, to be used for ‘‘(g) FISCAL YEAR 2002.—(1) There are au- year 2003. elimination of hazards of railway-highway thorized to be appropriated to the Secretary crossings, and $150,000,000 of the funds au- $40,000,000 for fiscal year 2002, for carrying BOND (AND OTHERS) AMENDMENT out section 26101 (including payment of ad- thorized to be appropriated for the surface NO. 1952 transportation program for fiscal year 2002, ministrative expenses related thereto). to be used for elimination of hazards of rail- ‘‘(2) There are authorized to be appro- Mr. BOND (for himself, Mr. REID, and way-highway crossings. priated to the Secretary $30,000,000 for fiscal Mr. CHAFEE) proposed an amendment ‘‘(B) ELIGIBLE CORRIDORS.—Funds made year 2002, for carrying out section 26102 (in- to amendment No. 1676 proposed by Mr. available under subparagraph (A) shall be ex- cluding payment of administrative expenses CHAFEE to the bill, S. 1173, supra; as pended for projects in— related thereto).’’. follows: ‘‘(i) 5 railway corridors selected by the Sec- (b) DEFINITION.—Section 26105(2) of title 49, retary in accordance with this subsection (as United States Code, is amended to read as At the appropriate place in subtitle H of in effect on the day before the date of enact- follows: title I, insert the following: ment of this clause); and ‘‘(2) the term ‘high-speed rail’ means all SEC. 18ll. SENSE OF SENATE CONCERNING THE ‘‘(ii) 3 railway corridors selected by the forms of nonhighway ground transportation OPERATION OF LONGER COMBINA- TION VEHICLES. Secretary in accordance with subparagraphs that run on rails or electromagnetic guide- (a) FINDINGS.—Congress finds that— (C) and (D). ways providing transportation service which (1) section 127(d) of title 23, United States ‘‘(C) REQUIRED INCLUSION OF HIGH SPEED is— Code, contains a prohibition that took effect RAIL LINES.—A corridor selected by the Sec- ‘‘(A) reasonably expected to reach sus- on June 1, 1991, concerning the operation of retary under subparagraph (B) shall include tained speeds of more than 125 miles per certain longer combination vehicles, includ- rail lines where railroad speeds of 90 miles or hour; and ing certain double-trailer and triple-trailer more per hour are occurring or can reason- ‘‘(B) made available to members of the trucks; ably be expected to occur in the future. general public as passengers, but does not in- (2) reports on the results of recent studies ‘‘(D) CONSIDERATIONS IN CORRIDOR SELEC- clude rapid transit operations within an conducted by the Federal Government de- TION.—In selecting corridors under subpara- urban area that are not connected to the scribe, with respect to longer combination graph (B), the Secretary shall consider— general rail system of transportation;’’. vehicles— ‘‘(i) projected rail ridership volume in each (A) problems with the adequacy of rear- corridor; CHAFEE AMENDMENT NO. 1951 ‘‘(ii) the percentage of each corridor over ward amplification braking; which a train will be capable of operating at Mr. CHAFEE proposed an amend- (B) the difficulty in making lane changes; its maximum cruise speed taking into ac- ment to amendment No. 1676 proposed and count such factors as topography and other by him to the bill, S. 1173, supra; as fol- (C) speed differentials that occur while climbing or accelerating; and traffic on the line: lows: ‘‘(iii) projected benefits to nonriders such (3) surveys of individuals in the United On page 136, after line 22, in the section States demonstrate that an overwhelming as congestion relief on other modes of trans- added by Chafee Amendment No. 1684 on portation serving each corridor (including majority of residents of the United States page 18, between lines 19 and 20, insert the oppose the expanded use of longer combina- congestion in heavily traveled air passenger following: corridors); tion vehicles. (g) ADDITIONAL ALLOCATIONS.— (b) LONGER COMBINATION VEHICLE DE- ‘‘(iv) the amount of State and local finan- (1) IN GENERAL.—For each of fiscal years FINED.—In this section, the term ‘‘longer cial support that can reasonably be antici- 1999 through 2003, after making apportion- combination vehicle’’ has the meaning given pated for the improvement of the line and re- ments and allocations under sections 104 and that term in section 127(d)(4) of title 23, lated facilities; and 105(a) of title 23, United States Code, and sec- United States Code. ‘‘(v) the cooperation of the owners of the tion 1102(c) of this Act, the Secretary shall (c) SENSE OF THE SENATE.—It is the sense right-of-way that can reasonably be expected allocate to each of the following States the of the Senate that the prohibitions and re- in the operation of high speed rail passenger following amount specified for the State: strictions under section 127(d) of title 23, service in each corridor.’’. (A) Arizona: $7,016,000. United States Code, as in effect on the date SWIFT RAIL DEVELOPMENT ACT (B) Indiana: $9,290,000. of enactment of this Act, should not be REAUTHORIZATION (C) Michigan: $11,158,000. amended so as to result in any less restric- SEC. . HIGH SPEED RAIL PLANNING (D) Oklahoma: $6,924,000. tive prohibition or restriction. AND DEVELOPMENT. (E) South Carolina: $7,109,000. (a) AUTHORIZATION OF APPROPRIATIONS.— (F) Texas: $20,804,000. MCCAIN (AND HOLLINGS) Section 26104 of title 49, United States Code, (G) Wisconsin: $7,699,000. AMENDMENT NO. 1953 is amended— (2) ELIGIBLE PURPOSES.—Amounts allocated (1) by redesignating subsection (d) as sub- under paragraph (1) shall be available for any Mr. MCCAIN (for himself and Mr. section (h); and purpose eligible for funding under title 23, HOLLINGS) proposed an amendment to (2) by inserting after subsection (c) the fol- United States Code, or this Act. amendment No. 1680 submitted by Mr. lowing new subsections: (3) AUTHORIZATION OF CONTRACT AUTHOR- MCCAIN to amendment No. 1676 pro- ITY.— ‘‘(d) FISCAL YEAR 1999.—(1) There are au- posed by Mr. CHAFEE to the bill, S. 1173, (A) IN GENERAL.—There shall be available thorized to be appropriated to the Secretary supra; as follows: $40,000,000 for fiscal year 1999, for carrying from the Highway Trust Fund (other than out section 26101 (including payment of ad- the Mass Transit Account) such sums as are On page 50, beginning with line 18, strike ministrative expenses related thereto). necessary to carry out this subsection. through line 14 on page 51 and insert the fol- ‘‘(2) There are authorized to be appro- (B) CONTRACT AUTHORITY.—Funds author- lowing: priated to the Secretary $30,000,000 for fiscal ized under this paragraph shall be available SEC. 3208. SPECIAL PERMITS, PILOT PROGRAMS, year 1999, for carrying out section 26102 (in- for obligation in the same manner as if the AND EXCLUSIONS. cluding payment of administrative expenses funds were apportioned under chapter 1 of (a) Section 5117 is amended— related thereto). title 23, United States Code. (1) by striking the section heading and in- ‘‘(e) FISCAL YEAR 2000.—(1) There are au- (4) LIMITATIONS.— serting the following: thorized to be appropriated to the Secretary (A) APPLICABILITY OF OBLIGATION LIMITA- ‘‘§ 5117. Special permits, pilot programs, ex- $40,000,000 for fiscal year 2000, for carrying TIONS.—Funds made available under this sub- emptions, and exclusions’’; out section 26101 (including payment of ad- section shall be subject to subparagraphs (A) (2) by striking ‘‘2 years’’ in subsection ministrative expenses related thereto). and (B) of section 118(e)(1) of that title. (a)(2) and inserting ‘‘4 years’’; ‘‘(2) There are authorized to be appro- (B) LIMITATION ON AVAILABILITY.—No obli- (3) by redesignating subsection (e) as sub- priated to the Secretary $30,000,000 for fiscal gation authority shall be made available for section (f); and March 11, 1998 CONGRESSIONAL RECORD — SENATE S1787

(4) by inserting after subsection (d) the fol- ‘‘(4) DEFINITIONS.—For purposes of this sub- funds were apportioned under chapter 1 of lowing: section— title 23, United States Code. ‘‘(e) AUTHORITY TO CARRY OUT PILOT PRO- ‘‘(A) DRIVER OF A UTILITY SERVICE VEHI- (d) REDUCTION OF AMOUNTS.— GRAMS.— CLE.—The term ‘driver of a utility service ve- (1) IN GENERAL.—For each fiscal year, the ‘‘(1) IN GENERAL.—The Secretary is author- hicle’ means any driver who is considered to amounts described in paragraph (2) shall be ized to carry out pilot programs to examine be a driver of a utility service vehicle for reduced by such amount as is necessary to innovative approaches or alternatives to reg- purposes of section 345(a)(4) of the National offset the budgetary impact resulting from ulations issued under this chapter for private Highway System Designation Act of 1995 (49 subsection (a). motor carriage in intrastate transportation U.S.C. 31136 note). (2) AMOUNTS TO BE REDUCED.—The amounts of an agricultural production material ‘‘(B) UTILITY SERVICE VEHICLE.—The term referred to in paragraph (1) are— from— ‘utility service vehicle’ has the meaning (A) amounts available for obligation at the ‘‘(A) a source of supply to a farm; given that term in section 345(e)(6) of the Na- ‘‘(B) a farm to another farm; discretion of the Secretary under— tional Highway System Designation Act of (i) the Interstate maintenance and other ‘‘(C) a field to another field on a farm; or 1995 (49 U.S.C. 31136 note).’’. ‘‘(D) a farm back to the source of supply. National Highway System components of the (b) CONTINUED APPLICATION OF SAFETY AND ‘‘(2) LIMITATION.—The Secretary may not Interstate and National Highway System MAINTENANCE REQUIREMENTS.— carry out a pilot program under paragraph program under title 23, United States Code; (1) IN GENERAL.—The amendment made by (1) if the Secretary determines that the pro- and subsection (a) may not be construed— gram would pose an undue risk to public (ii) the surface transportation program (A) to exempt any utility service vehicle health and safety. under section 133 of that title; and from compliance with any applicable provi- ‘‘(3) SAFETY LEVELS.—In carrying out a (B) amounts that the Secretary may de- pilot project under this subsection, the Sec- sion of law relating to vehicle mechanical duct for administrative expenses under sec- retary shall require, as a condition of ap- safety, maintenance requirements, or inspec- tion 104(a) of title 23, United States Code. proval of the project, that the safety meas- tions; or ures in the project are designed to achieve a (B) to exempt any driver of a utility serv- ice vehicle from any applicable provision of level of safety that is equivalent to, or great- ABRAHAM (AND LEVIN) er than, the level of safety that would other- law (including any regulation) established wise be achieved through compliance with for the issuance, maintenance, or periodic AMENDMENT NO. 1955 renewal of a commercial driver’s license for the standards prescribed under this chapter. Mr. ABRAHAM (for himself and Mr. ‘‘(4) TERMINATION OF PROJECT.—The Sec- that driver. retary shall immediately terminate any (2) DEFINITIONS.—For purposes of this sub- LEVIN) proposed an amendment to project entered into under this subsection if section— amendment No. 1676 proposed by Mr. the motor carrier or other entity to which it (A) COMMERCIAL DRIVER’S LICENSE.—The CHAFEE to the bill, S. 1173, supra; as applies fails to comply with the terms and term ‘‘commercial driver’s license’’ has the follows: conditions of the pilot project or the Sec- meaning given that term in section 31301(3) On page 139, strike lines 22 through 24 and retary determines that the project has re- of title 49, United States Code. insert the following: sulted in a lower level of safety than was (B) DRIVER OF A UTILITY SERVICE VEHICLE.— ‘‘(A) is obtained by the State or a unit of maintained before the project was initiated. The term ‘‘driver of a utility service vehi- local government in the State, without vio- ‘‘(5) NONAPPLICATION.—This subsection cle’’ has the meaning given that term in sec- does not apply to the application of regula- tion 31502(e)(2)(A) of title 49, United States lation of Federal law; tions issued under this chapter to vessels or Code, as added by subsection (a). ‘‘(B) is incorporated into the project; aircraft.’’. (C) REGULATION.—The term ‘‘regulation’’ ‘‘(C) is not land described in section 138; (b) Section 5119(c) is amended by adding at has the meaning given that term in section and the end the following: 31132(6) of title 49, United States Code. ‘‘(D) does not influence the environmental ‘‘(4) Pending promulgation of regulations (D) UTILITY SERVICE VEHICLE.—The term assessment of the project, including— under this subsection, States may partici- ‘‘utility service vehicle’’ has the meaning ‘‘(i) the decision as to the need to con- pate in a program of uniform forms and pro- given that term in section 345(e)(6) of the Na- struct the project; cedures recommended by the working group tional Highway System Designation Act of ‘‘(ii) the consideration of alternatives; and under subsection (b).’’. 1995 (49 U.S.C. 31136 note). ‘‘(iii) the selection of a specific location. (c) The chapter analysis for chapter 51 is On page 140, strike line 15 and insert the amended by striking the item related to sec- BOXER AMENDMENT NO. 1954 following: tion 5117 and inserting the following: (3) in paragraph (3), by striking ‘‘agency of ‘‘5117. Special permits, pilot programs, ex- (Ordered to lie on the table.) a Federal, State, or local government’’ and emptions, and exclusions.’’. Mrs. BOXER submitted an amend- inserting ‘‘agency of the Federal Govern- On page 129, beginning with line 1, strike ment intended to be proposed by her to ment’’; through line 23 on page 133 and insert the fol- amendment No. 1676 proposed by Mr. On page 140, strike line 20 and all that fol- lowing: shall not apply to any driver of a CHAFEE to the bill, S. 1173, supra; as lows and insert the following: utility service vehicle during an emergency follows: (c) CREDITING OF CONTRIBUTIONS BY UNITS period of not more than 30 days declared by At the end of subtitle A of title I, add the OF LOCAL GOVERNMENT TOWARD THE STATE an elected State or local government official following: SHARE.—Section 323 of title 23, United States under paragraph (2) in the area covered by Code, is amended by adding at the end the SEC. 11ll. HOLD HARMLESS. the declaration. following: ‘‘(2) DECLARATION OF EMERGENCY.—The reg- (a) IN GENERAL.—Notwithstanding any ‘‘(e) CREDITING OF CONTRIBUTIONS BY UNITS ulations described in subparagraphs (A), (B), other provision of law, the Secretary shall OF LOCAL GOVERNMENT TOWARD THE STATE and (C) of paragraph (1) do not apply to the allocate among the States amounts suffi- SHARE.—A contribution by a unit of local driver of a utility service vehicle operated— cient to ensure that no State (except the ‘‘(A) in the area covered by an emergency State of Massachusetts and a State that re- government of real property, funds, mate- declaration under this paragraph; and ceives an allocation of funds under section rial, or a service in connection with a project ‘‘(B) for a period of not more than 30 days 105 of title 23, United States Code, or under eligible for assistance under this title shall designated in that declaration. section 1102(c)) receives a share of the total be credited against the State share of the project at the fair market value of the real issued by an elected State or local govern- apportionments for any fiscal year for all property, funds, material, or service.’’. ment official (or jointly by elected officials Federal-aid highway programs that is less of more than one State or local government), than the average of the total apportionments (d) CONFORMING AMENDMENTS.— after notice to the Regional Director of the to the State during the period of fiscal years (1) Section 323 of title 23, United States Federal Highway Administration with juris- 1992 through 1997 for all Federal-aid highway Code, is amended by striking the section diction over the area covered by the declara- programs. heading and inserting the following: (b) ELIGIBLE PURPOSES.—Amounts allo- tion. ‘‘§ 323. Donations and credits.’’. ‘‘(3) INCIDENT REPORT.—Within 30 days after cated under subsection (a) shall be available the end of the declared emergency period the for any purpose eligible for funding under (2) The analysis for chapter 1 of title 23, official who issued the emergency declara- title 23, United States Code, or this Act. United States Code, is amended— tion shall file with the Regional Director a (c) CONTRACT AUTHORITY.— (A) by striking the item relating to section report of each safety-related incident or ac- (1) IN GENERAL.—There shall be available 108 and inserting the following: cident that occurred during the emergency from the Highway Trust Fund (other than ‘‘108. Advance acquisition of real property.’’; the Mass Transit Account) such sums as are period involving— and necessary to carry out this section. ‘‘(A) a utility service vehicle driver to (B) by striking the item relating to section (2) CONTRACT AUTHORITY.—Funds author- which the declaration applied; or 323 and inserting the following: ‘‘(B) a utility service vehicle to the driver ized under this section shall be available for of which the declaration applied. obligation in the same manner as if the ‘‘323. Donations and credits.’’. S1788 CONGRESSIONAL RECORD — SENATE March 11, 1998 BROWNBACK (AND OTHERS) available for any activity to build support is less than 1.00, as of the date of enactment AMENDMENT NO. 1956 for or against, or to influence the formula- of this subsection; and tion, or adoption of State or local legisla- ‘‘(iii)(I) the State’s estimated percentage Mr. BROWNBACK (for himself, Mr. tion, unless such activity is consistent with of total Federal-aid highway program appor- MOYNIHAN, and Mr. COVERDELL) pro- previously-existing Federal mandates or in- tionments for the period of fiscal years 1998 posed an amendment to amendment centive programs. through 2003 under this title, as of the date No. 1676 proposed by Mr. CHAFEE to the (b) Nothing in this section shall prohibit of enactment of this subsection; is less than bill, S. 1173, supra; as follows: officers or employees of the United States or ‘‘(II) the State’s percentage of total Fed- eral-aid highway program apportionments on page 309, between lines 3 and 4, insert its departments or agencies from testifying and Federal lands highways program: alloca- the following: before any State or local legislative body tions under the Intermodal Surface Trans- Section 8(d) of the National Trails System upon the invitation of such legislative body. portation Efficiency Act of 1991 (105 Stat. Act (43 U.S.C. 1247(d)) is amended by— (1) Striking ‘‘The’’ and inserting in lieu WARNER (AND OTHERS) 1914), and allocations under sections 1103 thereof, ‘‘(1) The’’; AMENDMENT NO. 1960 through 1108 of that Act, for the period of fis- (2) By adding at the end thereof the follow- cal years 1992 through 1997. ing new paragraphs; Mr. WARNER (for himself, Mr. ‘‘(C) ADDITIONAL ALLOCATION.—An alloca- ‘‘(2) Consistent with the terms and condi- CHAFEE, and Mr. BAUCUS) proposed an tion to a State under subparagraph (A) shall tions imposed under paragraph (1), the Sur- amendment to amendment No. 1676 be in addition to any allocation to the State face Transportation Board shall approve a proposed by Mr. CHAFEE to the bill, S. under paragraph (1). ‘‘(6) PERIOD OF AVAILABILITY OF DISCRE- proposal for interim trail use of a railroad 1173, supra; as follows: TIONARY FUNDS.—Amounts made available right-of-way unless— On page 136, after line 22, in the section ‘‘(A) at least half of the units of local gov- under’’. added by Chafee Amendment No. 1684 on On page 236, between lines 16 and 17, insert ernment located within the rail corridor for page 18— which the interim trail use is proposed pass the following: (1) line 14, strike ‘‘(1)’’ and insert ‘‘(1)(A)’’; SEC. 14ll. REPORT ON EFFECTS OF ALLOWING a resolution opposing the proposed trail use; (2) line 17, strike ‘‘(2)’’ and insert ‘‘(B)’’; and HEAVIER WEIGHT VEHICLES ON (3) line 19, strike the period and insert ‘‘; CERTAIN HIGHWAYS. ‘‘(B) the resolution is transmitted to the or’’; and (a) DEFINITION OF HEAVIER WEIGHT VEHI- Surface Transportation Board within the ap- (4) between lines 19 and 20, insert the fol- CLE.—In this section, the term ‘‘heavier plicable time requirements for rail line aban- lowing: weight vehicle’’ means a vehicle the oper- donment proceedings. (2) that are bordered by 2 navigable rivers ‘‘(3) The limitation in paragraph (2) shall ation of which on the Interstate System is listed under 33 USC 1804 that each comprise not apply if a State has assumed responsibil- prohibited under section 127 of title 23, at least 10 percent of the boundary of the ity for the management of such right-of- United States Code. State. (b) REPORT.—Not later than December 31, way.’’ Beginning on page 107, strike line 15 and 2000, the Secretary shall submit to Congress all that follows through page 108, line 6, and a report on the effects of allowing operation HUTCHISON AMENDMENT NO. 1957 insert the following: of heavier weight vehicles on Interstate Mr. WARNER (for Mrs. HUTCHISON) ‘‘(A) IN GENERAL.—Subject to subparagraph Route 95 in the States of Maine and New proposed an amendment to amendment (B), for each of fiscal years 1998 through 2003, Hampshire. the Secretary shall allocate on October 1, for (c) CONTENTS.—The report shall contain an No. 1676 proposed by Mr. CHAFEE to the use for highway bridge projects— analysis of the safety, infrastructure, cost bill, S. 1173, supra; as follows: ‘‘(i) at least $20,000,000 of the amounts set recovery, environmental, and economic im- On page 73, between line 18 and insert the aside under paragraph (1) to any State that— plications of that operation. following: ‘‘(I) is apportioned for fiscal year 1998 (d) CONSULTATION.—In preparing the re- nance of the system. under paragraphs (1)(B), (1)(C)(i)(III), and port, the Secretary shall consult with the ‘‘(8) In addition to funds allocated under (3)(A)(iii) of subsection (b) an amount that is safety and modal administrations of the De- this section, a state may, at its discretion, less than the amount apportioned to the partment of Transportation, and the States expend up to one-fourth of one percent of its State for the highway bridge replacement of Maine and New Hampshire. annual federal-aid apportionments under and rehabilitation program under section 144 (e) MORATORIUM ON WITHHOLDING OF 104(b)(3) on initiatives to halt the evasion of for fiscal year 1997; and FUNDS.—Notwithstanding section 127 of title payment of motor fuel taxes.’’ ‘‘(II) was apportioned for that program for 23, United States Code, during the period be- fiscal year 1997 an amount greater than ginning on the date of enactment of this Act WARNER AMENDMENT NO. 1958 $125,000,000; and and ending on the earlier of the end of fiscal ‘‘(ii) at least $15,000,000 of the amounts set year 2002 or the date that is 1 year after the Mr. WARNER (for Mr. STEVENS) pro- aside under paragraph (1) to any State with date of submission of the report under sub- posed an amendment to amendment respect to which the average service life of section (b), the Secretary shall not withhold, No. 1676 proposed by Mr. CHAFEE to the the bridges in the State exceeds 46 years as under that section, funds from apportion- bill, S. 1173, supra; as follows: of the date of enactment of the Intermodal ment to the States of Maine and New Hamp- Insert at the appropriate place: Surface Transportation Efficiency Act of shire. 23 U.S.C. Section 144 is amended— 1998. On page 337, after the item relating to sec- (1) in each of subsections (d) and (g)(3) by On page 110, strike lines 22 and 23 and in- tion 512, insert the following: inserting after ‘‘magnesium acetate’’ the fol- sert the following: ‘‘513. Recycled materials resource center. lowing: ‘‘or agriculturally derived, environ- ‘‘(5) REQUIRED ALLOCATION FOR CERTAIN On page 381, strike line 7 and insert the fol- mentally acceptable, minimally corrosive STATES.— lowing: anti-icing and de-icing compositions’’; and ‘‘(A) ALLOCATION.—For each of fiscal years SEC. 2018. RECYCLED MATERIALS RESOURCE (2) in subsection (d) by inserting ‘‘or such 1998 through 2003, the Secretary shall allo- CENTER. anti-icing or de-icing composition’’ after cate on October 1, to States eligible under Subchapter I of chapter 5 of title 23, United ‘‘such acetate’’. subparagraph (B), for use for projects de- States Code (as amended by section 2017), is 23 U.S.C. Section 133(b)(1) is amended by scribed in paragraph (1), $10,000,000 of the amended by adding at the end the following: inserting after ‘‘magnesium acetate’’ the fol- amounts set aside under paragraph (1) from lowing: ‘‘or agriculturally derived, environ- amounts to be apportioned under subsection ‘‘§ 513. Recycled materials resource center mentally acceptable, minimally corrosive (b)(1)(A). ‘‘(a) ESTABLISHMENT.—The Secretary shall anti-icing and de-icing compositions’’. ‘‘(B) ELIGIBLE STATES.—A State shall be el- establish at the University of New Hamp- igible for an allocation under subparagraph shire a research program to be known as the CAMPBELL (AND OTHERS) (A) for a fiscal year if— ‘Recycled Materials Resource Center’ (re- ‘‘(i) the State ranks among the lowest 10 ferred to in this section as the ‘Center’). AMENDMENT NO. 1959 percent of States in a ranking of States by ‘‘(b) ACTIVITIES.— Mr. CAMPBELL (for himself, Mr. per capita personal income; ‘‘(1) IN GENERAL.—The Center shall— GRAMM, and Ms. MOSELEY-BRAUN) pro- ‘‘(ii) for the State, the ratio that— ‘‘(A) systematically test, evaluate, develop posed an amendment to amendment ‘‘(I) the State’s estimated percentage of appropriate guidelines for, and demonstrate total Federal-aid highway program appor- environmentally acceptable and occupation- No. 1676 proposed by Mr. CHAFEE to the tionments for the period of fiscal years 1998 ally safe technologies and techniques for the bill, S. 1173, supra; as follows: through 2003 under this title; bears to increased use of traditional and nontradi- At the appropriate place in the bill, insert ‘‘(II) the percentage of estimated total tax tional recycled and secondary materials in the following: receipts attributable to highway users in the transportation infrastructure construction SEC. . LIMITATIONS. State paid into the Highway Trust Fund and maintenance; (a) PROHIBITION ON LOBBYING ACTIVITIES.— (other than the Mass Transit Account) for ‘‘(B) make information available to State (1) No funds authorized in this title shall be the period of fiscal years 1998 through 2003; transportation departments, the Federal March 11, 1998 CONGRESSIONAL RECORD — SENATE S1789

Highway Administration, the construction (b) PRIORITY FOR TRANSPORTATION ‘‘(2) AVAILABILITY TO ELIGIBLE COUNTIES.— industry, and other interested parties to as- PROJECTS RELATING TO OLYMPIC AND ‘‘(A) IN GENERAL.—Each fiscal year, each sist in evaluating proposals to use tradi- PARALYMPIC EVENTS.—Notwithstanding any county that is located in a State to which tional and nontraditional recycled and sec- other provision of law, from funds available funds are made available under paragraph ondary materials in transportation infra- to carry out section 104(k) of title 23, United (1), and that has in the county a public road structure construction; States Code, the Secretary may give priority described in subparagraph (B), shall be eligi- ‘‘(C) encourage the increased use of tradi- to funding for a transportation project relat- ble to apply to the State for all or a portion tional and nontraditional recycled and sec- ing to an international quadrennial Olympic of the funds made available to the State ondary materials by using sound science to or Paralympic event if— under this subsection to be used by the coun- analyze thoroughly all potential long-term (1) the project meets the extraordinary ty to maintain such roads. considerations that affect the physical and needs associated with an international quad- ‘‘(B) ROADS.—A public road referred to in environmental performance of the materials; rennial Olympic or Paralympic event; and subparagraph (A) is a public road that— and (2) the project is otherwise eligible for as- ‘‘(i) is within, adjacent to, or provides ac- ‘‘(D) work cooperatively with Federal and sistance under section 104(k) of that title. cess to an Indian reservation described in State officials to reduce the institutional (c) TRANSPORTATION PLANNING ACTIVI- paragraph (1); barriers that limit widespread use of tradi- TIES.—The Secretary may participate in— ‘‘(ii) is used by a school bus to transport tional and nontraditional recycled and sec- (1) planning activities of States and metro- children to or from a school or Headstart ondary materials and to ensure that such in- politan planning organizations and transpor- program carried out under the Head Start creased use is consistent with the sustained tation projects relating to an international Act (42 U.S.C. 9831 et seq.); and environmental and physical integrity of the quadrennial Olympic or Paralympic event ‘‘(iii) is maintained by the county in which infrastructure in which the materials are under sections 134 and 135 of title 23, United the public road is located. used. States Code; and ‘‘(C) ALLOCATION AMONG ELIGIBLE COUN- ‘‘(2) SITES AND PROJECTS UNDER ACTUAL (2) developing intermodal transportation TIES.— FIELD CONDITIONS.—In carrying out para- plans necessary for the projects in coordina- ‘‘(i) IN GENERAL.—Except as provided in graph (1)(C), the Secretary may authorize tion with State and local transportation clause (ii), each State that receives funds the Center to— agencies. under paragraph (1) shall provide directly to ‘‘(A) use test sites and demonstration (d) FUNDING.—Notwithstanding section each county that applies for funds the projects under actual field conditions to de- 541(a) of title 23, United States Code, from amount that the county requests in the ap- velop appropriate performance data; and funds made available under that section, the plication. ‘‘(B) develop appropriate tests and guide- Secretary may provide assistance for the de- ‘‘(ii) ALLOCATION AMONG ELIGIBLE COUN- lines to ensure correct use of recycled and velopment of an Olympic and a Paralympic TIES.—If the total amount of funds applied secondary materials in transportation infra- transportation management plan in coopera- for under this subsection by eligible counties structure construction. tion with an Olympic Organizing Committee in a State exceeds the amount of funds avail- ‘‘(c) REVIEW AND EVALUATION.— responsible for hosting, and State and local able to the State, the State shall equitably ‘‘(1) IN GENERAL.—Not less often than every communities affected by, an international allocate the funds among the eligible coun- 2 years, the Secretary shall review and quadrennial Olympic or Paralympic event. ties that apply for funds. evaluate the program carried out by the Cen- (e) TRANSPORTATION PROJECTS RELATING TO ‘‘(3) SUPPLEMENTARY FUNDING.—For each ter. OLYMPIC AND PARALYMPIC EVENTS.— fiscal year, the Secretary shall ensure that ‘‘(2) NOTIFICATION OF DEFICIENCIES.—In car- (1) IN GENERAL.—The Secretary may pro- funding made available under this subsection rying out paragraph (1), if the Secretary de- vide assistance, including planning, capital, supplements (and does not supplant)— termines that the Center is deficient in car- and operating assistance, to States and local ‘‘(A) any obligation of funds by the Bureau rying out subsection (b), the Secretary shall governments in carrying out transportation of Indian Affairs for road maintenance pro- notify the Center of each deficiency and rec- projects relating to an international quad- grams on Indian reservations; and ommend specific measures to address the de- rennial Olympic or Paralympic event. ‘‘(B) any funding provided by a State to a ficiency. (2) FEDERAL SHARE.—The Federal share of county for road maintenance programs in ‘‘(3) DISQUALIFICATION.—If, after the end of the cost of a project assisted under this sub- the county. the 180-day period that begins on the date of section shall not exceed 80 percent. ‘‘(4) USE OF UNALLOCATED FUNDS.—Any por- notification to the Center under paragraph (f) ELIGIBLE GOVERNMENTS.—A State or tion of the funds made available to a State (2), the Secretary determines that the Center local government shall be eligible to receive under this subsection that is not made avail- has not corrected each deficiency identified assistance under this section only if the gov- able to counties within 1 year after the funds under paragraph (2), the Secretary may, ernment is hosting a venue that is part of an are made available to the State shall be ap- after notifying the Committee on Environ- international quadrennial Olympics that is portioned among the States in accordance ment and Public Works of the Senate and officially selected by the International with section 104(b). the Committee on Transportation and Infra- Olympic Committee. ‘‘(5) SET-ASIDE.—For each of fiscal years structure of the House of Representatives of (g) AUTHORIZATION OF APPROPRIATIONS.— 1998 through 2003, the Secretary shall set the determination, disqualify the Center There are authorized to be appropriated from aside $1,500,000 from amounts made available from further participation under this sec- the Highway Trust Fund (other than the under section 541(a) of title 23 United States tion. Mass Transit Account) to carry out this sec- Code.’’ ‘‘(d) FUNDING.—Of amounts made available tion such sums as are necessary for each of under section 541, $2,000,000 shall be made fiscal years 1998 through 2003. On page 8, line 4, insert ‘‘and section LEVIN (AND ABRAHAM) available for each fiscal year to carry out AMENDMENT NO. 1961 this section. 207(f)’’ after ‘‘(f)’’. On page 87, line 11, insert ‘‘under sub- Mr. WARNER (for Mr. LEVIN, for SEC. 2019. CONFORMING AMENDMENTS. section (e)’’ after ‘‘program’’. On page 415, strike ‘‘and 511’’ and insert himself and Mr. ABRAHAM) proposed an On page 89, line 16, insert ‘‘under sub- amendment to amendment No. 1676 ‘‘511, and 513’’. section (e)’’ before ‘‘for’’. On page 220, line 14, strike ‘‘and’’. On page 90, line 7, strike ‘‘Notwithstand- proposed by Mr. CHAFEE to the bill, S. On page 220, line 17, strike the period and ing’’ and insert ‘‘Subject to subsection (f), 1173, supra; as follows: insert ‘‘; and’’. notwithstanding’’. On page 136, after line 22, in the section On page 220, between lines 17 and 18, insert On page 90, line 21, insert ‘‘under sub- added by Chafee Amendment No. 1684 on the following: section (e)’’ after ‘‘program’’. page 13, between lines 9 and 10, insert the fol- ‘‘(iii) a high speed railway corridor through On page 91, line 10, add ‘‘(other than sub- lowing: at least 3 Gulf Coast States (as designated by section (f))’’ at the end. (6) ADDITIONAL ELIGIBLE STATES.—In addi- the Secretary). On page 91, line 16, strike the quotation tion to States that meet the eligibility cri- At the end of subtitle A of title I, add the marks and the following period. teria under paragraph (3), a State with re- following: On page 91, between lines 16 and 17, insert spect to which the following conditions are SEC. 11ll. TRANSPORTATION ASSISTANCE FOR the following: met shall also be eligible for the funds made OLYMPIC CITIES. ‘‘(f) ADDITIONAL AUTHORIZATION OF CON- available to carry out the program that re- (a) PURPOSE.—The purpose of this section TRACT AUTHORITY FOR STATES WITH INDIAN main after each State that meets the eligi- is to authorize the provision of assistance RESERVATIONS.— bility criteria under paragraph (3) has re- for, and support of, State and local efforts ‘‘(1) AVAILABILITY TO STATES.—Not later ceived the minimum amount of funds speci- concerning surface transportation issues than October 1 of each fiscal year, funds fied in paragraph (4)(A)(i): necessary to obtain the national recognition made available under paragraph (5) for the (A) POPULATION DENSITY.—The population and economic benefits of participation in the fiscal year shall be made available by the density of the State is greater than 161 indi- International Olympic movement and the Secretary, in equal amounts, to each State viduals per square mile. International Paralympic movement by that has within the boundaries of the State (B) VEHICLE MILES TRAVELED.—The amount hosting international quadrennial Olympic all or part of an Indian reservation having a determined for the State under paragraph and Paralympic events in the United States. land area of 10,000,000 acres or more. (2)(A) with respect to the factor described in S1790 CONGRESSIONAL RECORD — SENATE March 11, 1998 paragraph (2)(A)(ii) is greater than the na- this title an amendment or repeal is ex- (IV) by redesignating subparagraphs (D), tional average with respect to the factor de- pressed in terms of an amendment to, or re- (E), and (F) as subparagraphs (C), (D), and termined under paragraph (2)(B). peal of, a section or other provision, the ref- (E), respectively, (C) URBAN FEDERAL-AID LANE MILES.—The erence shall be considered to be made to a (ii) in paragraph (2), by striking ‘‘1999’’ ratio that— section or other provision of the Internal each place it appears and inserting ‘‘2005’’ (i) the total lane miles on Federal-aid Revenue Code of 1986. and by striking ‘‘2000’’ and inserting ‘‘2006’’, highways in urban areas in the State; bears SEC. l002. EXTENSION AND MODIFICATION OF (iii) in the heading of paragraph (2), by HIGHWAY-RELATED TAXES AND to striking ‘‘OCTOBER 1, 1999’’ and inserting ‘‘OC- TRUST FUND. (ii) the total lane miles on all Federal-aid TOBER 1, 2005’’, and highways in the State; (a) EXTENSION OF TAXES AND EXEMPTIONS.— (1) The following provisions are each (iv) in subparagraphs (E) and (F) of para- is greater than or equal to 0.26. amended by striking ‘‘1999’’ each place it ap- graph (4), as amended by section 901(a) of the (D) APPORTIONMENTS PER CAPITA.—The pears and inserting ‘‘2005’’: Taxpayer Relief Act of 1997, by striking amount determined for the State with re- (A) Section 4041(a)(1)(C)(iii)(I) (relating to ‘‘1999’’ and inserting ‘‘2005’’, and spect to the factor described in paragraph rate of tax on certain buses). (B) in subsection (c), as amended by sec- (2)(A)(iv) is less than 85 percent of the na- (B) Section 4041(a)(2)(B) (relating to rate of tion 9(a)(1) of the Surface Transportation Ex- tional average with respect to the factor de- tax on special motor fuels), as amended by tension Act of 1997— termined under paragraph (2)(B). section 907(a)(1) of the Taxpayer Relief Act (i) in paragraph (1)— On page 136, after line 22, in the section of 1997. (I) by striking ‘‘1998’’ and inserting ‘‘2003’’, added by Chafee Amendment No. 1684— (C) Section 4041(m)(1)(A) (relating to cer- (II) in subparagraph (C), by striking ‘‘or’’ (1) on page 13, line 10, strike ‘‘(6)’’ and in- tain alcohol fuels), as amended by section at the end, sert ‘‘(7)’’; 907(b) of the Taxpayer Relief Act of 1997. (III) in subparagraph (D), by striking (2) on page 13, line 14, strike ‘‘(7)’’ and in- (D) Section 4051(c) (relating to termi- ‘‘1991.’’ and inserting ‘‘1991, or’’, sert ‘‘(8)’’; and nation). (IV) by inserting after subparagraph (D) (3) on page 14, line 1, strike ‘‘(8)’’ and insert (E) Section 4071(d) (relating to termi- the following: ‘‘(9)’’. nation). ‘‘(E) authorized to be paid out of the High- (F) Section 4081(d)(1) (relating to termi- way Trust Fund under the Intermodal Sur- DASCHLE (AND OTHERS) nation). face Transportation Efficiency Act of 1998.’’, AMENDMENT NO. 1962 (G) Section 4221(a) (relating to certain tax- and free sales). (V) by striking the last sentence and in- Mr. BAUCUS (for Mr. DASCHLE, for (H) Section 4481(e) (relating to period tax serting the following: himself, Mr. THOMAS, and Mr. ENZI) in effect). ‘‘In determining the authorizations under proposed an amendment to amendment (I) Section 4482(c)(4) (relating to taxable period). the Acts referred to in the preceding sub- No. 1676 proposed by Mr. CHAFEE to the paragraphs, such Acts shall be applied as in bill, S. 1173, supra; as follows: (J) Section 4482(d) (relating to special rule for taxable period in which termination date effect on the date of the enactment of the At the end of the title entitled ‘‘Revenue’’, occurs). Intermodal Surface Transportation Effi- add the following: (K) Section 4483(g) (relating to termination ciency Act of 1998.’’, SEC. ll. ADDITIONAL QUALIFIED EXPENSES of exemptions). (ii) in paragraph (2)(A)(i)— AVAILABLE TO NONAMTRAK STATES. (L) Section 6156(e)(2) (relating to section (I) by striking ‘‘2000’’ and inserting ‘‘2006’’, (a) IN GENERAL.—Section 977(e)(1)(B) of the inapplicable to certain liabilities). (II) in subclause (II), by adding ‘‘and’’ at Taxpayer Relief Act of 1997 (defining quali- (M) Section 6412(a) (relating to floor stocks the end, fied expenses) is amended— refunds). (III) in subclause (IV), by striking ‘‘1999’’ (1) by striking ‘‘and’’ at the end of clause (2) The following provisions are each and inserting ‘‘2005’’, and (iii) and all that follows through ‘‘clauses (i) amended by striking ‘‘2000’’ each place it ap- (IV) by striking subclause (III) and redesig- and (iv).’’, and pears and inserting ‘‘2007’’: nating subclause (IV) as subclause (III), (2) by adding after clause (iii) the follow- (A) Section 4041(b)(2)(C) (relating to termi- (iii) in paragraph (2)(A), by striking clause ing: nation). (ii) and inserting the following: ‘‘(iv) capital expenditures related to State- (B) Section 4041(k)(3) (relating to termi- ‘‘(ii) the credits allowed under section 34 owned rail operations in the State, nation). (relating to credit for certain uses of fuel) ‘‘(v) any project that is eligible to receive (C) Section 4081(c)(8) (relating to termi- with respect to fuel used before October 1, funding under section 5309, 5310, or 5311 of nation). 2005.’’, title 49, United States Code, (D) Section 4091(c)(5) (relating to termi- (iv) in paragraph (3)— ‘‘(vi) any project that is eligible to receive nation). (I) by striking ‘‘July 1, 2000’’ and inserting funding under section 130 or 152 of title 23, (3) Section 6412(a) (relating to floor stocks ‘‘July 1, 2006’’, and United States Code, refunds) is amended by striking ‘‘2000’’ each (II) by striking the heading and inserting ‘‘(vii) the upgrading and maintenance of place it appears and inserting ‘‘2006’’. ‘‘FLOOR STOCKS REFUNDS’’, intercity primary and rural air service facili- (4) Section 6427(f)(4) (relating to termi- (v) in paragraph (4)(A)— ties, and the purchase of intercity air service nation) is amended by striking ‘‘1999’’ and in- (I) in clause (i), by striking ‘‘1998’’ and in- between primary and rural airports and re- serting ‘‘2007’’. serting ‘‘2003’’, and gional hubs, (5) Section 40(e)(1) (relating to termi- (II) in clause (ii), by adding at the end the ‘‘(viii) the provision of passenger ferryboat nation) is amended— following new flush sentence: service within the State, and (A) by striking ‘‘December 31, 2000’’ and in- ‘‘(ix) the payment of interest and principal serting ‘‘December 31, 2007’’, and ‘‘In making the determination under sub- on obligations incurred for such acquisition, (B) by striking subparagraph (B) and in- clause (II) for any fiscal year, the Secretary upgrading, maintenance, purchase, expendi- serting the following: shall not take into account any amount ap- tures, provision, and projects.’’ ‘‘(B) of any fuel for any period before Janu- propriated from the Boat Safety Account in (b) EFFECTIVE DATE.—The amendments ary 1, 2008, during which the rate of tax any preceding fiscal year but not distrib- made by this section shall take effect as if under section 4081(a)(2)(A) is 4.3 cents per uted.’’, and included in the enactment of section 977 of gallon.’’. (vi) in paragraph (5)(A), by striking ‘‘1998’’ the Taxpayer Relief Act of 1997. (6) Headings 9901.00.50 and 9901.00.52 of the and inserting ‘‘2003’’. Harmonized Tariff Schedule of the United (2) LIMITATION ON EXPENDITURES.— (A) IN GENERAL.—Section 9503(c) (relating ROTH AMENDMENT NO. 1963 States (19 U.S.C. 3007) are amended in the ef- fective period column by striking ‘‘10/1/2000’’ to expenditures from Highway Trust Fund), Mr. ROTH proposed an amendment to each place it appears and inserting ‘‘10/1/ as amended by subsection (d)(2)(A), is amendment No. 1676 proposed by Mr. 2007’’. amended by inserting after paragraph (5) the CHAFEE to the bill, S. 1173, supra; as (b) EXTENSION AND MODIFICATION OF HIGH- following: follows: WAY TRUST FUND.— ‘‘(6) LIMITATION ON EXPENDITURES FROM (1) EXTENSION.—Section 9503 (relating to HIGHWAY TRUST FUND.— At the end of the bill add the following: Highway Trust Fund) is amended— ‘‘(A) IN GENERAL.—Except as provided in TITLE ll—REVENUE (A) in subsection (b)— subparagraph (B), no expenditure shall be SEC. l001. SHORT TITLE; AMENDMENT OF 1986 (i) in paragraph (1), as amended by section made from the Highway Trust Fund unless CODE. 1032(e)(13) of the Taxpayer Relief Act of such expenditure is permitted under a provi- (a) SHORT TITLE.—This title may be cited 1997— sion of this title. The determination of as the ‘‘Intermodal Surface Transportation (I) by striking ‘‘1999’’ and inserting ‘‘2005’’, whether an expenditure is so permitted shall Revenue Act of 1998’’. (II) by striking subparagraph (C), be made without regard to— (b) AMENDMENT OF 1986 CODE.—Except as (III) in subparagraph (D), by striking ‘‘and ‘‘(i) any provision of law which is not con- otherwise expressly provided, whenever in tread rubber’’, and tained or referenced in this title and which is March 11, 1998 CONGRESSIONAL RECORD — SENATE S1791

not contained or referenced in a revenue Act, paragraph) be determined under subsection ‘‘(2) EXCEPTION FOR PRIOR OBLIGATIONS and (a) over— FROM THE BOAT SAFETY ACCOUNT.—Paragraph ‘‘(ii) whether such provision of law is a ‘‘(I) in the case of 10 percent gasohol, the (1) shall not apply to any expenditure to liq- subsequently enacted provision or directly or applicable blender rate (as defined in section uidate any contract entered into, or for any indirectly seeks to waive the application of 4041(b)(2)(A)) per gallon, amount otherwise obligated, in accordance this paragraph. ‘‘(II) in the case of 7.7 percent gasohol, the with the provisions of subsection (c) before ‘‘(B) EXCEPTION FOR PRIOR OBLIGATIONS.— number of cents per gallon equal to 77 per- April 1, 2004. Subparagraph (A) shall not apply to any ex- cent of such applicable blender rate, and ‘‘(3) TRANSFER OF TAXES TO TRUST FUND penditure to liquidate any contract entered ‘‘(III) in the case of 5.7 percent gasohol, the TERMINATED IF EXPENDITURE LIMITATION VIO- into, or for any amount otherwise obligated, number of cents per gallon equal to 57 per- LATED.—For purposes of the second sentence in accordance with the provisions of this sec- cent of such applicable blender rate. of subsection (a)(2), there shall not be taken tion before October 1, 2003.’’. ‘‘(ii) MIXTURES NOT CONTAINING ETHANOL.— into account any amount described in sub- (B) TRANSFER OF TAXES TO TRUST FUND TER- In the case of a qualified alcohol mixture section (b)(1), section 9503(c)(4), or section MINATED IF EXPENDITURE LIMITATION VIO- which contains gasoline and none of the al- 9503(c)(5)(A) on and after the date of any ex- LATED.—Section 9503(b)(4) (relating to cer- cohol in which consists of ethanol, the alco- penditure not permitted by paragraph (1).’’. tain taxes not transferred to Highway Trust hol mixture rate is the excess of the rate (3) CONFORMING AMENDMENTS.—Section Fund), as amended by subsection which would (but for this paragraph) be de- 9504(b)(2) is amended— (b)(1)(A)(iv), is amended— termined under subsection (a) over— (A) in subparagraph (A), by striking ‘‘Octo- (i) in subparagraph (E), by striking ‘‘or’’ at ‘‘(I) in the case of 10 percent gasohol, 6 ber 1, 1988’’ and inserting ‘‘the date of the en- the end, cents per gallon, actment of the Intermodal Surface Transpor- (ii) in subparagraph (F), by striking the pe- ‘‘(II) in the case of 7.7 percent gasohol, 4.62 tation Efficiency Act of 1998’’, and riod at the end and inserting ‘‘, or’’, and cents per gallon, and (B) in subparagraph (B), by striking ‘‘No- (iii) by adding at the end the following: ‘‘(III) in the case of 5.7 percent gasohol, 3.42 vember 29, 1990’’ and inserting ‘‘the date of ‘‘(G) any provision described in paragraph cents per gallon.’’. the enactment of the Intermodal Surface (1) on and after the date of any expenditure (C) Section 4081(c)(5) is amended by strik- Transportation Efficiency Act of 1998’’. not permitted by subsection (c)(6).’’. ing ‘‘5.4 cents’’ and inserting ‘‘the applicable SEC. l003. MASS TRANSIT ACCOUNT. (c) MODIFICATION OF SUBSIDIES FOR ALCO- blender rate (as defined in section (a) IN GENERAL.—Section 9503(e)(3) (relat- 4041(b)(2)(C))’’. HOL FUELS.— ing to expenditures from Account), as (D) Section 4091(c)(1) is amended by strik- (1) IN GENERAL.—Subsection (h) of section amended by section 9(a)(2) of the Surface ing ‘‘13.4 cents’’ each place it appears and in- 40 (relating to alcohol used as fuel) is amend- Transportation Extension Act of 1997, is serting ‘‘the applicable blender amount’’ and ed to read as follows: amended— by adding at the end the following: ‘‘For pur- ‘‘(h) REDUCED CREDIT FOR ETHANOL BLEND- (1) by striking ‘‘1998’’ and inserting ‘‘2003’’, poses of this paragraph, the term ‘applicable ERS.— (2) in subparagraph (A), by striking ‘‘or’’ at blender amount’ means 13.3 cents in the case ‘‘(1) IN GENERAL.—In the case of any alco- the end, of any sale or use during 2001 or 2002, 13.2 hol mixture credit or alcohol credit with re- (3) in subparagraph (B), by adding ‘‘or’’ at cents in the case of any sale or use during spect to any sale or use of alcohol which is the end, and 2003 or 2004, 13.1 cents in the case of any sale ethanol during calendar years 2001 through (4) by striking all that follows subpara- or use during 2005, 2006, or 2007, and 13.4 cents 2007— graph (B) and inserting: in the case of any sale or use during 2008 or ‘‘(A) subsections (b)(1)(A) and (b)(2)(A) ‘‘(C) the Intermodal Surface Transpor- thereafter.’’. shall be applied by substituting ‘the blender tation Efficiency Act of 1998, amount’ for ‘60 cents’, (3) EFFECTIVE DATE.—The amendments as such sections and Acts are in effect on the ‘‘(B) subsection (b)(3) shall be applied by made by this subsection shall take effect on date of the enactment of the Intermodal Sur- substituting ‘the low-proof blender amount’ January 1, 2001. face Transportation Efficiency Act of 1998.’’. for ‘45 cents’ and ‘the blender amount’ for ‘60 (d) ELIMINATION OF NATIONAL REC- cents’, and REATIONAL TRAILS TRUST FUND.— (b) CONFORMING AMENDMENT.—Paragraph ‘‘(C) subparagraphs (A) and (B) of sub- (1) IN GENERAL.—Section 9511 (relating to (4) of section 9503(e) is amended to read as section (d)(3) shall be applied by substituting National Recreational Trails Trust Fund) is follows: ‘the blender amount’ for ‘60 cents’ and ‘the repealed. ‘‘(4) LIMITATION.—Rules similar to the low-proof blender amount’ for ‘45 cents’. (2) CONFORMING AMENDMENTS.— rules of subsection (d) shall apply to the ‘‘(2) AMOUNTS.—For purposes of paragraph (A) Section 9503(c) is amended by striking Mass Transit Account.’’. (1), the blender amount and the low-proof paragraph (6). (c) TECHNICAL CORRECTION.— blender amount shall be determined in ac- (B) The table of sections for subchapter A (1) IN GENERAL.—Section 9503(e)(2) is cordance with the following table: of chapter 98 is amended by striking the item amended by striking the last sentence and relating to section 9511. inserting the following: ‘‘For purposes of the (e) AQUATIC RESOURCES TRUST FUND.— preceding sentence, the term ‘mass transit In the case of any sale The blender amount The low-proof blender or use during calendar is: amount is: (1) EXTENSION.—Section 9504(c) (relating to portion’ means, for any fuel with respect to year: expenditures from Boat Safety Account), as which tax was imposed under section 4041 or 4081 and otherwise deposited into the High- 2001 or 2002 ...... 53 cents ...... 39.26 cents amended by section 9(b) of the Surface 2003 or 2004 ...... 52 cents ...... 38.52 cents Transportation Extension Act of 1997, is way Trust Fund, the amount determined at 2005, 2006, or 2007 ...... 51 cents ...... 37.78 cents.’’. amended— the rate of— (A) by striking ‘‘1998’’ and inserting ‘‘2004’’, ‘‘(A) except as otherwise provided in this (2) CONFORMING AMENDMENTS.— and sentence, 2.86 cents per gallon, (A) Section 4041(b)(2) is amended— (B) by striking ‘‘1988’’ and inserting ‘‘the ‘‘(B) 1.43 cents per gallon in the case of any (i) in subparagraph (A)(i), by striking ‘‘5.4 date of the enactment of the Intermodal Sur- partially exempt methanol or ethanol fuel cents’’ and inserting ‘‘the applicable blender face Transportation Efficiency Act of 1998’’. (as defined in section 4041(m)) none of the al- rate’’, and (2) LIMITATION ON EXPENDITURES.—Section cohol in which consists of ethanol, (ii) by redesignating subparagraph (C), as 9504 (relating to Aquatic Resources Trust ‘‘(C) 1.86 cents per gallon in the case of liq- amended by subsection (a)(2)(A), as subpara- Fund) is amended by redesignating sub- uefied natural gas, graph (D) and by inserting after subpara- section (d) as subsection (e) and by inserting ‘‘(D) 2.13 cents per gallon in the case of liq- graph (B) the following: after subsection (c) the following: uefied petroleum gas, and ‘‘(C) APPLICABLE BLENDER RATE.—For pur- ‘‘(d) LIMITATION ON EXPENDITURES FROM ‘‘(E) 9.71 cents per MCF (determined at poses of subparagraph (A)(i), the applicable TRUST FUND.— standard temperature and pressure) in the blender rate is— ‘‘(1) IN GENERAL.—Except as provided in case of compressed natural gas.’’. ‘‘(i) except as provided in clause (ii), 5.4 paragraph (2), no expenditure shall be made (2) EFFECTIVE DATE.—The amendment cents, and from the Aquatics Resources Trust Fund un- made by paragraph (1) shall take effect as if ‘‘(ii) for sales or uses during calendar years less such expenditure is permitted under a included in the amendment made by section 2001 through 2007, 1⁄10 of the blender amount provision of this title. The determination of 901(b) of the Taxpayer Relief Act of 1997. applicable under section 40(h)(2) for the cal- whether an expenditure is so permitted shall SEC. l004. TAX-EXEMPT FINANCING OF QUALI- endar year in which the sale or use occurs.’’. be made without regard to— FIED HIGHWAY INFRASTRUCTURE (B) Subparagraph (A) of section 4081(c)(4) is ‘‘(A) any provision of law which is not con- CONSTRUCTION. amended to read as follows: tained or referenced in this title and which is (a) TREATMENT AS EXEMPT FACILITY ‘‘(A) GENERAL RULES.— not contained or referenced in a revenue Act, BOND.—A bond described in subsection (b) ‘‘(i) MIXTURES CONTAINING ETHANOL.—Ex- and shall be treated as described in section cept as provided in clause (ii), in the case of ‘‘(B) whether such provision of law is a 141(e)(1)(A) of the Internal Revenue Code of a qualified alcohol mixture which contains subsequently enacted provision or directly or 1986, except that— gasoline, the alcohol mixture rate is the ex- indirectly seeks to waive the application of (1) section 146 of such Code shall not apply cess of the rate which would (but for this this subsection. to such bond, and S1792 CONGRESSIONAL RECORD — SENATE March 11, 1998

(2) section 147(c)(1) of such Code shall be the Secretary of Transportation, in consulta- (2) CONFORMING AMENDMENT.—Section applied by substituting ‘‘any portion of’’ for tion with the Secretary of the Treasury, 132(f)(2)(B) is amended by striking ‘‘$155’’ and ‘‘25 percent or more’’. shall submit the report described in para- inserting ‘‘$175’’. (b) BOND DESCRIBED.— graph (2) to the Committees on Finance and (3) EFFECTIVE DATE.—The amendments (1) IN GENERAL.—A bond is described in this on Environment and Public Works of the made by this subsection shall apply to tax- subsection if such bond is issued after the Senate and the Committees on Ways and able years beginning after December 31, 1998. date of the enactment of this Act as part of Means and on Transportation and Infrastruc- (d) CONFORMING INFLATION ADJUSTMENT.— an issue— ture of the House of Representatives. (1) IN GENERAL.—Paragraph (6) of section (A) 95 percent or more of the net proceeds (2) CONTENTS.—The report under paragraph 132(f) (relating to qualified transportation of which are to be used to provide a qualified (1) shall evaluate the overall success of the fringe) is amended to read as follows: highway infrastructure project, and program conducted pursuant to this section, ‘‘(6) INFLATION ADJUSTMENT.— (B) to which there has been allocated a including— ‘‘(A) ADJUSTMENT TO QUALIFIED PARKING portion of the allocation to the project under (A) a description of each project under the LIMITATION.—In the case of any taxable year paragraph (2)(C)(ii) which is equal to the ag- program, beginning in a calendar year after 1999, the gregate face amount of bonds to be issued as (B) the extent to which the projects used dollar amount contained in paragraph (2)(B) part of such issue. new technologies, construction techniques, shall be increased by an amount equal to— (2) QUALIFIED HIGHWAY INFRASTRUCTURE or innovative cost controls that resulted in ‘‘(i) such dollar amount, multiplied by PROJECTS.— savings in building the project, and ‘‘(ii) the cost-of-living adjustment deter- (A) IN GENERAL.—For purposes of para- (C) the use and efficiency of the Federal mined under section 1(f)(3) for the calendar graph (1), the term ‘‘qualified highway infra- tax subsidy provided by the bond financing. year in which the taxable year begins, by structure project’’ means a project— SEC. l005. REPEAL OF 1.25 CENT TAX RATE ON substituting ‘calendar year 1998’ for ‘cal- (i) for the construction or reconstruction RAIL DIESEL FUEL. endar year 1992’. of a highway, and (a) IN GENERAL.—Section 4041(a)(1)(C)(ii) ‘‘(B) ADJUSTMENT TO OTHER QUALIFIED (ii) designated under subparagraph (B) as (relating to rate of tax on trains) is amend- TRANSPORTATION FRINGES LIMITATION.—In the an eligible pilot project. ed— case of any taxable year beginning in a cal- (B) ELIGIBLE PILOT PROJECT.— (1) in subclause (II), by striking ‘‘October 1, endar year after 2002, the dollar amount con- (i) IN GENERAL.—The Secretary of Trans- 1999’’ and inserting ‘‘March 1, 1999’’, and tained in paragraph (2)(A) shall be increased portation, in consultation with the Sec- (2) in subclause (III), by striking ‘‘Septem- by an amount equal to— retary of the Treasury, shall select not more ‘‘(i) such dollar amount, multiplied by than 15 highway infrastructure projects to be ber 30, 1999’’ and inserting ‘‘February 28, 1999’’. ‘‘(ii) the cost-of-living adjustment deter- pilot projects eligible for tax-exempt financ- mined under section 1(f)(3) for the calendar ing. (b) CONFORMING AMENDMENTS.— (1) Section 6421(f)(3)(B) is amended— year in which the taxable year begins, by (ii) ELIGIBILITY CRITERIA.—In determining (A) in clause (ii), by striking ‘‘October 1, substituting ‘calendar year 2001’ for ‘cal- the criteria necessary for the eligibility of endar year 1992’. pilot projects, the Secretary of Transpor- 1999’’ and inserting ‘‘March 1, 1999’’, and (B) in clause (iii), by striking ‘‘September ‘‘(c) ROUNDING.—If any increase determined tation shall include the following: under subparagraph (A) or (B) is not a mul- (I) The project must serve the general pub- 30, 1999’’ and inserting ‘‘February 28, 1999’’. tiple of $5, such increase shall be rounded to lic. (2) Section 6427(l)(3)(B) is amended— the next lowest multiple of $5.’’. (II) The project is necessary to evaluate (A) in clause (ii), by striking ‘‘October 1, (2) EFFECTIVE DATE.—The amendment the potential of the private sector’s partici- 1999’’ and inserting ‘‘March 1, 1999’’, and made by this subsection shall apply to tax- pation in the provision of the highway infra- (B) in clause (iii), by striking ‘‘September able years beginning after December 31, 2002. structure of the United States. 30, 1999’’ and inserting ‘‘February 28, 1999’’. l (III) The project must be located on pub- SEC. l006. ELECTION TO RECEIVE TAXABLE SEC. 007. TAX TREATMENT OF CERTAIN FED- ERAL PARTICIPATION PAYMENTS. licly-owned rights-of-way. CASH COMPENSATION IN LIEU OF For purposes of the Internal Revenue Code (IV) The project must be publicly owned or NONTAXABLE QUALIFIED TRANS- of 1986, with respect to any Federal partici- the ownership of the highway constructed or PORTATION FRINGE BENEFITS. pation payment to a taxpayer in any taxable reconstructed under the project must revert (a) NO CONSTRUCTIVE RECEIPT.— year made under section 149(e) of title 23, to the public. (1) IN GENERAL.— Paragraph (4) of section United States Code, as added by section 1502, (V) The project must be consistent with a 132(f) (relating to qualified transportation to the extent such payment is not subject to transportation plan developed pursuant to fringe) is amended to read as follows: tax under such Code for the taxable year— section 134(g) or 135(e) of title 23, United ‘‘(4) NO CONSTRUCTIVE RECEIPT.—No amount (1) no credit or deduction (other than a de- States Code. shall be included in the gross income of an duction with respect to any interest on a (C) AGGREGATE FACE AMOUNT OF TAX-EX- employee solely because the employee may loan) shall be allowed to the taxpayer with EMPT FINANCING.— choose between any qualified transportation respect to any property placed in service or (i) IN GENERAL.—The aggregate face fringe and compensation which would other- other expenditure that is directly or indi- amount of bonds issued pursuant to this sec- wise be includible in gross income of such rectly attributable to the payment, and tion shall not exceed $15,000,000,000, deter- employee.’’. (2) the basis of any such property shall be mined without regard to any bond the pro- (2) EFFECTIVE DATE.—The amendment reduced by the portion of the cost of the ceeds of which are used exclusively to refund made by this subsection shall apply to tax- property that is attributable to the pay- (other than to advance refund) a bond issued able years beginning after December 31, 1997. (b) INCREASE IN MAXIMUM EXCLUSION FOR ment. pursuant to this section (or a bond which is l a part of a series of refundings of a bond so EMPLOYER-PROVIDED TRANSIT PASSES.— SEC. 008. DELAY IN EFFECTIVE DATE OF NEW (1) IN GENERAL.—Subparagraph (A) of sec- REQUIREMENT FOR APPROVED DIE- issued) if the amount of the refunding bond SEL OR KEROSENE TERMINALS. does not exceed the outstanding amount of tion 132(f)(2) (relating to limitation on exclu- sion) is amended by striking ‘‘$60’’ and in- Subsection (f) of section 1032 of the Tax- the refunded bond. payer Relief Act of 1997 is amended to read (ii) ALLOCATION.—The Secretary of Trans- serting ‘‘$100’’. (2) EFFECTIVE DATE.—The amendment as follows: portation, in consultation with the Sec- ‘‘(f) EFFECTIVE DATES.— made by this subsection shall apply to tax- retary of the Treasury, shall allocate the ‘‘(1) Except as provided in paragraph (2), able years beginning after December 31, 2001. amount described in clause (i) among the eli- the amendments made by this section shall (c) NO INFLATION ADJUSTMENT FOR 1999.— gible pilot projects designated under sub- take effect on July 1, 1998. (1) IN GENERAL.—Paragraph (6) of section paragraph (B). ‘‘(2) The amendment made by subsection 132(f) (relating to qualified transportation (iii) REALLOCATION.—If any portion of an (d) shall take effect on July 1, 2000.’’. fringe) is amended to read as follows: allocation under clause (ii) is unused on the SEC. l009. REPEAL OF CERTAIN LIMITATION ON ‘‘(6) INFLATION ADJUSTMENT.—In the case of date which is 3 years after such allocation, EXPENDITURES. any taxable year beginning in a calendar the Secretary of Transportation, in consulta- (a) IN GENERAL.—Section 9503(c) of the In- year after 1999, the dollar amounts contained tion with the Secretary of the Treasury, may ternal Revenue Code of 1986 (relating to ex- in subparagraphs (A) and (B) of paragraph (2) reallocate such portion among the remaining penditures from Highway Trust Fund) is shall be increased by an amount equal to— eligible pilot projects. amended by striking paragraph (7). ‘‘(A) such dollar amount, multiplied by (c) REPORT.— (b) EFFECTIVE DATE.—The amendment (1) IN GENERAL.—Not later than the earlier ‘‘(B) the cost-of-living adjustment deter- made by this section takes effect as if in- of— mined under section 1(f)(3) for the calendar cluded in the enactment of section 901 of the 1 year in which the taxable year begins, by (A) 1 year after either ⁄2 of the projects au- Taxpayer Relief Act of 1997. thorized under this section have been identi- substituting ‘calendar year 1998’ for ‘cal- fied or 1⁄2 of the total bonds allowable for the endar year 1992’. MCCAIN AMENDMENT NO. 1964 projects under this section have been issued, If any increase determined under the preced- or ing sentence is not a multiple of $5, such in- (Ordered to lie on the table.) (B) 7 years after the date of the enactment crease shall be rounded to the next lowest Mr. MCCAIN submitted an amend- of this Act, multiple of $5.’’. ment intended to be proposed by him March 11, 1998 CONGRESSIONAL RECORD — SENATE S1793 to amendment No. 1676 proposed by Mr. ‘‘(c) SELECTION OF PROJECTS.— (b) REMOVAL OF CAP ON HEAVY USE VEHICLE CHAFEE to the bill, S. 1173, supra; as ‘‘(1) IN GENERAL.—Each State shall select EXCISE TAX.— follows: projects to receive funding under the pro- (1) IN GENERAL.—Section 4481(a) of the In- gram in a manner based on the statewide ternal Revenue Code of 1986 (relating to im- On page 91, line 23, strike ‘‘$12,000,000’’ and transportation planning process of the State position of tax) is amended— insert ‘‘$9,620,000’’. under section 135. (A) by striking ‘‘A tax’’ and inserting the On page 91, line 24, strike ‘‘$12,000,000’’ and ‘‘(2) COMPATIBILITY WITH MANAGEMENT SYS- following: insert ‘‘$9,620,000’’. On page 91, line 25, strike ‘‘$12,000,000’’ and TEMS.—To the extent that a State selects ‘‘(1) IN GENERAL.—Except as provided in insert ‘‘$9,620,000’’. projects in accordance with a functioning paragraph (2), a tax’’; On page 92, line 1, strike ‘‘$10,000,000’’ and safety, pavement, bridge, or work zone man- (B) by moving the text 2 ems to the right; insert ‘‘$9,320,000’’. agement system, projects selected under the and On page 92, line 2, strike ‘‘$10,000,000’’ and program shall be compatible with each man- (C) by adding at the end the following new insert ‘‘$9,320,000’’. agement system. paragraph: ‘‘(d) REPORT TO CONGRESS.— ‘‘(2) SPECIAL RULE FOR AUTOMOBILE TRANS- ‘‘(1) IN GENERAL.—Not later than December KERREY (AND JEFFORDS) PORTERS.—In the case of an automobile 31, 2003, the Secretary shall submit a report transporter (as defined in section 127(i) of AMENDMENT NO. 19654 to Congress on the results of the program. title 23, United States Code) which has a tax- (Ordered to lie on the table.) ‘‘(2) CONTENTS.—The report shall include— able gross weight over 80,000 pounds, the tax Mr. KERREY for himself and Mr. ‘‘(A) detailed travel and accident data by imposed under paragraph (1) shall be, in lieu JEFFORDS) submitted an amendment class of vehicle and roadway; and of the rate specified in the table contained in intended to be proposed by them to ‘‘(B) an evaluation of the extent to which paragraph (1), at the rate of $550 per year specific safety design features and accident amendment No. 1676 proposed by Mr. plus $22 for each 1,000 pounds (or fraction countermeasures have resulted in lower acci- thereof) in excess of 80,000 pounds.’’. HAFEE C to the bill, S. 1173, supra; as dent rates, including reduced severity of in- (2) EFFECTIVE DATE.—The amendments follows: juries. made by this subsection take effect on July On page 236, between lines 16 and 17, and ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— 1, 1998. insert the following: ‘‘(1) IN GENERAL.—There are authorized to ll be appropriated to carry out this section SEC. 14 . RURAL 2-LANE HIGHWAY SAFETY BROWNBACK AMENDMENT NO. 1967 PROGRAM. $150,000,000 for fiscal year 1998, $125,000,000 for (a) IN GENERAL.—Chapter 1 of title 23, fiscal year 1999, $125,000,000 for fiscal year (Ordered to lie on the table.) United States Code (as amended by section 2000, $100,000,000 for fiscal year 2001, Mr. BROWNBACK submitted an 1501(a)), is amended by adding at the end the $100,000,000 for fiscal year 2002, and amendment intended to be proposed by $100,000,000 for fiscal year 2003. following: him to amendment No. 1676 proposed ‘‘§ 166. Rural 2-lane highway safety program ‘‘(2) AVAILABILITY.—Notwithstanding sec- tion 118(a), funds made available under para- by Mr. CHAFEE to the bill, S. 1173, ‘‘(a) ESTABLISHMENT.— graph (1) shall not be available in advance of supra; as follows: ‘‘(1) IN GENERAL.—The Secretary shall es- an annual appropriation.’’. On page 369, line 14, (of the reported bill), tablish a 2-lane rural highway safety pro- (b) CONFORMING AMENDMENT.—The analysis following ‘‘lithium salts’’ insert: ‘‘and other gram (referred to in this section as the ‘pro- for chapter 1 of title 23, United States Code economically viable methods’’. gram’) to ensure the systematic improve- (as amended by section 1501(b)), is amended ment of rural 2-lane arterial and collector by adding at the end the following: highways of substantial length that are not ‘‘166. Rural 2-lane highway safety program.’’. McCAIN AMENDMENT NO. 1968 on the National Highway System. Mr. MCCAIN proposed an amendment ‘‘(2) PRINCIPLES.—Reconstruction under the program shall be carried out in accord- ABRAHAM AMENDMENT NO. 1966 to amendment No. 1963 proposed by Mr. ROTH to amendment No. 1676 proposed ance with State standards and policies and (Ordered to lie on the table.) shall incorporate, in any combination, the Mr. ABRAHAM submitted an amend- by Mr. CHAFEE to the bill, S. 1173, principles of— ment intended to be proposed by him supra; as follows: ‘‘(A) safe alignment and cross-section de- to amendment No. 1676 proposed by Mr. At the end of the amendment, add the fol- sign; lowing new section: CHAFEE to the bill, S. 1173, supra; as ‘‘(B) safe roadside conditions; ‘‘SEC. X008. Notwithstanding any other ‘‘(C) safety appurtenances; follows: provision of law, existing provisions in the ‘‘(D) durable and safe pavement design (es- At the appropriate place in subtitle G of Internal Revenue Code of 1986 relating to pecially long-term skid resistance); title III, insert the following: ethanol fuels may not be extended beyond ‘‘(E) grade crossing safety; SEC. 37ll. AUTOMOBILE TRANSPORTERS. the periods specified in the Code, as in effect ‘‘(F) traffic engineering; (a) IN GENERAL.—Section 127 of title 23, prior to the date of enactment of this Act.’’ ‘‘(G) traffic calming; United States Code, is amended— ‘‘(H) access management; (1) in subsection (a), by striking ‘‘No funds ‘‘(I) bicycle and pedestrian features; shall’’ and inserting ‘‘Subject to subsection McCONNELL AMENDMENT NO. 1969 ‘‘(J) landscape design; or (i), no funds shall’’; and Mr. MCCONNELL proposed an ‘‘(K) historic preservation. (2) by adding at the end the following: amendment to amendment No. 1676 ‘‘(3) COOPERATION WITH STATES AND PRIVATE ‘‘(i) CERTAIN AUTOMOBILE TRANSPORTERS.— proposed by Mr. CHAFEE to the bill, S. SECTOR.—The Secretary shall carry out the ‘‘(1) AUTOMOBILE TRANSPORTER DEFINED.— program in cooperation with State transpor- For purposes of this subsection, the term 1173, supra; as follows: tation departments and private sector ex- ‘automobile transporter’ means any vehicle On page 79, between lines 13 and 14, insert perts in highway safety design and landscape combination designed and used specifically the following: design, including experts in transportation for the transport of assembled highway vehi- (e) COMPLIANCE WITH COURT ORDERS.— policy. cles. Nothing in this section limits the eligibility ‘‘(b) APPORTIONMENT.—For each fiscal year, ‘‘(2) SPECIAL RULE.— of an entity or person to receive funds made the Secretary shall apportion— ‘‘(A) IN GENERAL.—Notwithstanding any available under titles I and II of this Act, if ‘‘(1) 50 percent of the amount made avail- other provision of this section, each axle of the entity or person is prevented, in whole or able under subsection (e) to the States in the an automobile transporter described in sub- in part, from complying with subsection (a) ratio that— paragraph (B) shall be subject to an enforce- because a Federal court issues a final order ‘‘(A) the number of miles in the State of ment tolerance of an amount not to exceed in which the court finds that the require- rural 2-lane arterial and collector surface 10 percent of the gross weight of the auto- ment of subsection (a), or the program estab- roads that are not on the National Highway mobile transporter. lished under subsection (a), is unconstitu- System; bears to ‘‘(B) AUTOMOBILE TRANSPORTERS DE- tional. ‘‘(B) the number of miles in all States of SCRIBED.—An automobile transporter is de- (f) REVIEW BY COMPTROLLER GENERAL.—Not rural 2-lane arterial and collector surface scribed in this paragraph if the automobile later than 3 years after the date of enact- roads that are not on the National Highway transporter— ment of this Act, the Comptroller General of System; and ‘‘(i) is manufactured after March 1, 1988; the United States shall conduct a review of, ‘‘(2) 50 percent of the amount made avail- ‘‘(ii) has a gross weight of not more than and publish and report to Congress findings able under subsection (e) to the States in the 88,000 pounds; and and conclusions on, the impact throughout ratio that— ‘‘(iii) is certified in accordance with the the United States of administering the re- ‘‘(A) the percentage of the population of applicable requirements for certification quirement of subsection (a), including an the State that resides in rural areas; bears to under part 567 of title 49, Code of Federal analysis of— ‘‘(B) the percentage of the population of all Regulations, or any subsequent similar regu- (1) in the case of small business concerns States that resides in rural areas. lations.’’. certified in each State under subsection (d) S1794 CONGRESSIONAL RECORD — SENATE March 11, 1998 as owned and controlled by socially and eco- BYRD AMENDMENT NO. 1970 the Department of Transportation of the nomically disadvantaged individuals— State of Maryland and the Federal Highway (A) the number of the small business con- Mr. CHAFEE (for Mr. BYRD) proposed Administration concerning the highway de- cerns; and an amendment to amendment No. 1676 scribed in subsection (a). (B) the participation rates of the small proposed by Mr. CHAFEE to the bill, S. business concerns in prime contracts and 1173, supra; as follows: MOYNIHAN (AND HOLLINGS) subcontracts funded under titles I and II of Beginning on page 369, strike line 22 and AMENDMENT NO. 1973 this Act; all that follows through page 370, line 4, and (2) in the case of small business concerns insert the following: Mr. CHAFEE (for Mr. MOYNIHAN for himself and Mr. HOLLINGS) proposed an described in paragraph (1) that receive prime ‘‘§ 509. Infrastructure investment needs re- contracts and subcontracts funded under ti- port amendment to amendment No. 1676 tles I and II of this Act— proposed by Mr. CHAFEE to the bill, S. ‘‘(a) IN GENERAL.—Not later than January (A) the number of the small business con- 31, 1999, and January 31 of every second year 1173, supra; as follows: cerns; thereafter, the Secretary shall report to the At the end of the bill add the following: (B) the annual gross receipts of the small Committee on Environment and Public SEC. PENNSYLVANIA STATION REDEVELOP- business concerns; and Works of the Senate and the Committee on MENT CORPORATION BOARD OF DI- (C) the net worth of socially and economi- Transportation and Infrastructure of the RECTORS. cally disadvantaged individuals that own and House of Representatives on— Section 1069(gg) of the Intermodal Surface control the small business concerns; ‘‘(1) estimates of the future highway and Transportation Efficiency Act of 1991 (105 (3) in the case of small business concerns bridge needs of the United States; and Stat. 2011) is amended by adding at the end described in paragraph (1) that do not receive ‘‘(2) the backlog of current highway and the following: ‘‘(3) In furtherance of the rede- prime contracts and subcontracts funded bridge needs. velopment of this James A. Farley Post Of- under titles I and II of this Act— ‘‘(b) FORMAT.— fice Building in the city of New York, New (A) the annual gross receipts of the small ‘‘(1) IN GENERAL.—Each report under sub- York, into an intermodal transportation fa- business concerns; and section (a) shall, at a minimum, include ex- cility and commercial center, the Secretary (B) the net worth of socially and economi- planatory materials, data, and tables com- of Transportation, the Federal Railroad Ad- cally disadvantaged individuals that own and parable in format to the report submitted in ministrator, and their designees are author- control the small business concerns; 1995 under section 307(h) (as in effect on the ized to serve as ex officio members of the (4) in the case of business concerns that re- day before the date of enactment of this sec- Board of Directors of the Pennsylvania Sta- ceive prime contracts and subcontracts fund- tion).’’ tion Redevelopment Corporation.’’. ed under titles I and II of this Act, other SEC. UNION STATION REDEVELOPMENT COR- than small business concerns described in PORATION BOARD OF DIRECTORS. MOSELEY-BRAUN AMENDMENT NO. paragraph (2)— Subchapter I of chapter 18 of title 40 of the (A) the annual gross receipts of the busi- 1971 United States Code is amended by adding a ness concerns; and Mr. CHAFEE (for Ms. MOSELEY- new section at the end thereof as follows: ‘‘Section 820. Union Station Redevelop- (B) the net worth of individuals that own BRAUN) proposed an amendment to ment Corporation and control the business concerns; amendment No. 1676 proposed by Mr. (5) the rate of graduation from any pro- ‘‘To further the rehabilitation, redevelop- CHAFEE to the bill, S. 1173, supra; as grams carried out to comply with the re- ment and operation of the Union Station quirement of subsection (a) for small busi- follows: complex, the Secretary of Transportation, ness concerns owned and controlled by so- At the appropriate place, insert the follow- the Federal Railroad Administrator, and cially and economically disadvantaged indi- ing: their designees are authorized to serve as ex officio members of the Board of Directors of viduals; SEC. . ROADSIDE SAFETY TECHNOLOGIES. the Union Station Redevelopment Corpora- (6) the overall cost of administering the re- (a) CRASH CUSHIONS.— tion.’’. quirement of subsection (a), including ad- (1) GUIDANCE.—The Secretary shall initiate ministrative costs, certification costs, addi- and issue a guidance regarding the benefits tional construction costs, and litigation and safety performance of redirective and MCCAIN AMENDMENT NO. 1974 costs; nonredirective crash cushions in different Mr. CHAFEE (for Mr. MCCAIN) pro- (7) any discrimination, on the basis of race, road applications, taking into consideration posed an amendment to amendment color, national origin, or sex, against small roadway conditions, operating speed limits, No. 1676 proposed by Mr. CHAFEE to the business concerns owned and controlled by the location of the crash cushion in the socially and economically disadvantaged in- right-of-way, and any other relevant factors. bill, S. 1173, supra; as follows: dividuals; The guidance shall include recommendations On page 91, line 23, strike ‘‘$12,000,000’’ and (8)(A) any other factors limiting the abil- on the most appropriate circumstances for insert ‘‘$9,620,000’’. ity of small business concerns owned and utilization of redirective and nonredirective On page 91, line 24, strike ‘‘$12,000,000’’ and controlled by socially and economically dis- crash cushions. insert ‘‘$9,620,000’’. On page 91, line 25, strike ‘‘$12,000,000’’ and advantaged individuals to compete for prime (2) USE OF GUIDANCE.—States shall use the insert ‘‘$9,620,000’’. contracts and subcontracts funded under ti- guidance issued under this subsection in On page 92, line 1, strike ‘‘$10,000,000’’ and tles I and II of this Act; and evaluating the safety and cost-effectiveness insert ‘‘$9,320,000’’. (B) the extent to which any of those fac- of utilizing different crash designs and deter- mining whether directive and nonredirective On page 92, line 2, strike ‘‘$10,000,000’’ and tors are caused, in whole or in part, by dis- insert ‘‘$9,320,000’’. crimination based on race, color, national crash cushions or other safety appurtenances origin, or sex; should be installed at specific highway loca- (9) any discrimination, on the basis of race, tions. CHAFEE AMENDMENT NO. 1975 color, national origin, or sex, against con- Mr. CHAFEE proposed an amend- struction companies owned and controlled by SARBANES AMENDMENT NO. 1972 ment to amendment No. 1676 proposed socially and economically disadvantaged in- Mr. CHAFEE (for Mr. SARBANES) pro- by him to the bill, S. 1173, supra; as fol- dividuals in public and private transpor- lows: tation contracting and the financial, credit, posed an amendment to amendment insurance, and bond markets; No. 1676 proposed by Mr. CHAFEE to the On page 108, line 14, strike ‘‘(A)’’ and insert (10) the impact on small business concerns bill, S. 1173, supra; as follows: ‘‘(A)(i)’’. owned and controlled by socially and eco- At the end of subtitle H of title I, add the nomically disadvantaged individuals of— following: STEVENS (AND MURKOWSKI) (A) the issuance of a final order described SEC. 18 . CONTINUANCE OF COMMERCIAL OPER- AMENDMENT NO. 1976 in subsection (e) by a Federal court that sus- ATIONS AT CERTAIN SERVICE PLA- Mr. CHAFEE (for Mr. STEVENS for pends a program established under sub- ZAS IN THE STATE OF MARYLAND. himself and Mr. MURKOWSKI) proposed section (a); or (a) WAIVER.—Notwithstanding section 111 an amendment to amendment No. 1676 (B) the repeal or suspension of State or of title 23, United States Code, and the local disadvantaged business enterprise pro- agreements described in subsection (b), at proposed by Mr. CHAFEE to the bill, S. grams; and the request of the Maryland Transportation 1173, supra; as follows: (11) the impact of the requirement of sub- Authority, the Secretary shall allow the con- At the appropriate place, insert the follow- section (a), and any program carried out to tinuance of commercial operations at the ing: comply with subsection (a), on competition service plazas on the John F. Kennedy Me- SEC. . REAUTHORIZATION OF FERRY AND and the creation of jobs, including the cre- morial Highway on Interstate Route 95. FERRY TERMINAL PROGRAM. ation of jobs for socially and economically (b) AGREEMENTS.—The agreements referred (a) Section 1064(c) of the Intermodal Sur- disadvantaged individuals. to in subsection (a) are agreements between face Transportation Efficiency Act of 1991 (23 March 11, 1998 CONGRESSIONAL RECORD — SENATE S1795 U.S.C. 129 note) is amended by striking (2) in the undesignated paragraph relating of title 23, United States Code, to carry out ‘‘$14,000,000’’ and all that follows through to Georgia— this section. ‘‘this section’’ and inserting in lieu thereof (A) by inserting ‘‘Elbert,’’ after ‘‘Doug- (2) AVAILABILITY.—Funds made available ‘‘$30,000,000 for fiscal year 1998, $25,000,000 for las,’’; and under paragraph (1) shall remain available fiscal year 1999, $25,000,000 for fiscal year (B) by inserting ‘‘Hart,’’ after ‘‘Haralson,’’; until expended. 2000, $30,000,000 for fiscal year 2001, $35,000,000 (3) in the undesignated paragraph relating f for fiscal year 2002, and $35,000,000 for fiscal to Mississippi, by striking ‘‘and Winston’’ year 2003 in carrying out this section, at and inserting ‘‘Winston, and Yalobusha’’; and RESOLUTION RELATIVE TO THAI- least $12,000,000 of which in each such fiscal (4) in the undesignated paragraph relating LAND AND THE INTERNATIONAL year shall be obligated for the construction to Virginia— MONETARY FUND of ferry boats, terminal facilities and ap- (A) by inserting ‘‘Montgomery,’’ after proaches to such facilities within marine ‘‘Lee,’’; and highway systems that are part of the Na- (B) by inserting ‘‘Rockbridge,’’ after ‘‘Pu- tional Highway System’’. laski,’’. ROTH AMENDMENT NOS. 1980–1981 (b) In addition to the obligation authority provided in subsection (a), there are author- Mr. CHAFEE (for Mr. ROTH) proposed ized to be appropriated $20,000,000 in each of LIEBERMAN AMENDMENT NO. 1978 two amendments to the resolution (S. fiscal years 1999, 2000, 2001, 2002, and 2003 for (Ordered to lie on the table) Res. 174) to state the sense of the Sen- the ferry boat and ferry terminal facility Mr. LIEBERMAN submitted an ate that Thailand is a key partner program under section 1064 of the Intermodal amendment intended to be proposed by friend of the United States, has com- Surface Transportation Efficiency Act of him to amendment No. 1676 proposed mitted itself to executing its respon- 1991 (23 U.S.C. 129 note). by Mr. CHAFEE to the bill, S. 1173, sibilities under its arrangements with SEC. . REPORT ON UTILIZATION POTENTIAL. the International Monetary Fund, and (a) STUDY.—The Secretary of Transpor- supra; as follows: tation shall conduct a study of ferry trans- On page 152, strike lines 9 through 12 and that the United States should be pre- portation in the United States and its pos- insert the following: pared to take appropriate steps to en- sessions— (2) by redesignating subsection (f) as sub- sure continued close bilateral rela- (1) to identify existing ferry operations, in- section (h); tions; as follows: cluding— (3) by striking subsections (a) through (e) AMENDMENT NO. 1980 (A) the locations and routes served; and inserting the following: On page 2, strike lines 2 through 7 and in- (B) the name, United States official num- On page 155, strike line 5 and insert the fol- sert the following: ber, and a description of each vessel operated lowing: as a ferry; estimated total cost of $1,000,000,000 or more. ‘‘(1) the United States should enhance the close political and security relationship be- (C) the source and amount, if any, of funds ‘‘(g) ANALYSIS OF LIFE-CYCLE COSTS.— tween Thailand and the United States and derived from Federal, State, or local govern- ‘‘(1) PROGRAM.—The Secretary shall estab- ment sources supporting ferry construction lish a program with recommendations to strengthen economic ties and cooperation or operations; guide States in conducting, to the extent ap- with Thailand to ensure that Thailand’s eco- (D) the impact of ferry transportation on propriate, an analysis of the life-cycle costs nomic recovery continues uninterrupted; local and regional economies; and of each usable project segment on the Na- and’’. (E) the potential for use of high-speed ferry tional Highway System. services. AMENDMENT NO. 1981 (2) identify potential domestic ferry routes ‘‘(2) BASIS.—The recommendations shall be In the preamble, strike ‘‘and’’ at the end of in the United States and its possessions and based on the principles contained in Execu- the sixth ‘‘Whereas’’ clause. to develop information on those routes, in- tive Order No. 12893 (59 Fed. Reg. 4233). In the preamble, strike the colon at the cluding— ‘‘(3) ANALYSIS.—An analysis of life-cycle (A) locations and routes that might be costs under paragraph (1) shall consist of a end of the seventh ‘‘Whereas’’ clause and in- served; process for evaluating the total economic sert ‘‘; and’’. (B) estimates of capacity required; worth of a usable project segment by analyz- In the preamble, insert after the seventh (C) estimates of capital costs of developing ing the initial costs and discounted future ‘‘Whereas’’ clause the following: these routes; costs of the project segment, such as mainte- ‘‘Whereas Thailand’s democratic reforms (D) estimates of annual operating costs for nance, reconstruction, rehabilitation, res- have advanced with that country’s economic these routes; toration, and resurfacing costs, over the life growth and development:’’. (E) estimates of the economic impact of of the project segment. f these routes on local and regional econo- ‘‘(4) USER COSTS.—As part of the rec- mies; and ommendations under paragraph (1), the Sec- THE INTERMODAL SURFACE (F) the potential for use of high-speed ferry retary shall make recommendations on the TRANSPORTATION EFFICIENCY services. appropriate use of user costs as a factor in ACT OF 1997 (b) REPORT.—The Secretary shall report the analysis of life-cycle costs.’’. the results of the study under subsection (a) within 1 year after the date of enactment of this Act to the Committee on Commerce, MURKOWSKI (AND STEVENS) TORRICELLI AMENDMENT NO. 1982 AMENDMENT NO. 1979 Science, and Transportation of the United (Ordered to lie on the table.) States Senate and the Committee on Trans- Mr. CHAFEE (for Mr. MURKOWSKI, for Mr. TORRICELLI submitted an portation and Infrastructure of the United himself and Mr. STEVENS) proposed an States House of Representatives. amendment intended to be proposed by (c) After reporting the results of the study amendment to amendment No. 1676 him to amendment No. 1676 proposed required by paragraph (b), the Secretary of proposed by Mr. CHAFEE to the bill, S. by Mr. CHAFEE to the bill, S. 1173, Transportation shall meet with the relevant 1173, as follows: supra; as follows: state and municipal planning organizations On page 43, between lines 15 and 16, insert In title III, strike section 3215 and insert to discuss the results of the study and the the following: the following: availability of resources, both federal and ‘‘(xiii) amounts set aside under section state, for providing marine ferry service. 11ll. SEC. 3215. HAZARDOUS MATERIAL TRANSPOR- TATION REAUTHORIZATION. On page 136, after line 22, add the follow- ing: (a) IN GENERAL.—Chapter 51, as amended CLELAND AMENDMENT NO. 1977 by section 3214 of this Act, is amended by re- SEC. 11ll. NATIONAL DEFENSE HIGHWAYS OUT- LELAND designating section 5128 as section 5129 and Mr. WARNER (for Mr. C ) pro- SIDE THE UNITED STATES. by inserting after section 5127 the following: posed an amendment to amendment (a) RECONSTRUCTION PROJECTS.—If the Sec- No. 1676 proposed by Mr. CHAFEE to the retary determines, after consultation with ‘‘§ 5128. High risk hazardous material and bill, S. 1173, supra; as follows: the Secretary of Defense, that a highway, or hazardous waste; motor carrier safety At the end of subtitle H of title I, add the a portion of a highway, located outside the study following: United States is important to the national ‘‘(a) STUDY.—The Secretary of Transpor- SEC. 18ll. ADDITIONS TO APPALACHIAN RE- defense, the Secretary may carry out a tation shall conduct a study— GION. project for reconstruction of the highway or ‘‘(1) to determine the safety benefits and Section 403 of the Appalachian Regional portion of highway. administrative efficiency of implementing a Development Act of 1965 (40 U.S.C. App.) is (b) FUNDING.— Federal permit program for high risk hazard- amended— (1) IN GENERAL.—For each of fiscal years ous material and hazardous waste carriers; (1) in the undesignated paragraph relating 1998 through 2003, the Secretary may set ‘‘(2) to identify and evaluate alternative to Alabama, by inserting ‘‘Hale,’’ after aside not to exceed $16,000,000 from amounts regulatory methods and procedures that may ‘‘Franklin,’’; to be apportioned under section 104(b)(1)(A) improve the safety of high risk hazardous S1796 CONGRESSIONAL RECORD — SENATE March 11, 1998 material and hazardous waste carriers and the Department of Transportation was him to amendment No. 1676 proposed shippers, including evaluating whether an conducted in 1994, almost four years by Mr. CHAFEE to the bill, S. 1173, annual safety fitness determination that is ago. When I, along with Representative supra; as follows: linked to permit renewals for hazardous ma- BILL PASCRELL investigated how this On page 110, strike lines 22 and 23 and in- terial and hazardous waste carriers is war- sert the following: ranted; could possibly be the case, we were ‘‘(5) REQUIRED ALLOCATION FOR CERTAIN ‘‘(3) to examine the safety benefits of in- stunned to learn that there is nothing STATES.— creased monitoring of high risk hazardous in current law which requires an an- ‘‘(A) ALLOCATION.—For each of fiscal years material and hazardous waste carriers, and nual safety examination of hazardous 1998 through 2003, the Secretary shall allo- the costs, benefits, and procedures of exist- waste haulers. Under existing law, in cate on October 1, to States eligible under ing State permit programs; order for a company to be a hauler-for- subparagraph (B), for use for projects de- ‘‘(4) to make such recommendations as hire of hazardous material they must scribed in paragraph (1), $10,000,000 of the may be appropriate for the improvement of possess a permit from the Department amounts set aside under paragraph (1) from uniformity among existing State permit pro- of Transportation’s Federal Highway amounts to be apportioned under subsection grams; and (b)(1)(A). ‘‘(5) to assess the potential of advanced Safety Administration. Once a hauler ‘‘(B) ELIGIBLE STATES.—A State shall be el- technologies for improving the assessment of obtains a permit, they basically have it igible for an allocation under subparagraph high risk hazardous material and hazardous in perpetuity—regardless of their safe- (A) for a fiscal year if— waste carriers’ compliance with motor car- ty record. All they must do is reapply ‘‘(i) the State ranks among the lowest 10 rier safety regulations. every year for a new safety permit and percent of States in a ranking of States by ‘‘(b) TIMEFRAME.—The Secretary shall pay an application fee. While the Fed- per capita personal income; begin the study required by subsection (a) eral Highway Safety Administration ‘‘(ii) for the State, the ratio that— within 6 months after the date of enactment maintains safety records and conducts ‘‘(I) the State’s estimated percentage of of the Intermodal Transportation Safety Act safety reviews they do not do annual total Federal-aid highway program appor- of 1998 and complete it within 30 months tionments for the period of fiscal years 1998 after the date of enactment of that Act. reviews or require safety inspections as through 2003 under this title; bears to ‘‘(c) REPORT.—The Secretary shall report a part of the certification process. the findings of the study required by sub- This is wrong. In my view, this proc- ‘‘(II) the percentage of estimated total tax section (a), together with such recommenda- ess is too lax and although I would pre- receipts attributable to highway users in the tions as may be appropriate, within 36 fer to require this safety inspection State paid into the Highway Trust Fund (other than the Mass Transit Account) for months after the date of enactment of the outright, I will withdraw my amend- Intermodal Transportation Safety Act of the period of fiscal years 1998 through 2003; ment to S1173, the Intermodal Surface is less than 1.00, as of the date of enactment 1998.’’. Transportation Efficiency Act Reau- (b) SECTION 5109 REGULATIONS TO REFLECT of this subsection; and thorization to require this and instead STUDY FINDINGS.—Section 5109(h) is amended ‘‘(iii)(I) the State’s estimated percentage by striking ‘‘not later than November 16, submit this amendment to require the of total Federal-aid highway program appor- 1991.’’ and inserting ‘‘based upon the findings Department of Transportation to study tionments for the period of fiscal years 1998 of the study required by section 5128(a).’’. how we may best implement a system through 2003 under this title, as of the date (c) CONFORMING AMENDMENT.—The chapter of linking the renewal of a company’s of enactment of this subsection; is less than analysis for chapter 51, as amended by sec- Federal permit to its ability to meet ‘‘(II) the State’s percentage of total Fed- tion 3214, is amended by striking the item re- eral-aid highway program apportionments certain safety standards. This approach and Federal lands highways program alloca- lating to section 5128 and inserting the fol- is fair and is in line with the spirit of lowing: tions under the Intermodal Surface Trans- the Hazardous Materials Transpor- portation Efficiency Act of 1991 (105 Stat. ‘‘5128. High risk hazardous material and haz- tation law. 1914), and allocations under sections 1103 ardous waste; motor carrier Once again, I want to thank my col- through 1108 of that Act, for the period of fis- safety study. cal years 1992 through 1997. ‘‘5129. Authorization of appropriations.’’. leagues and the Surface Transportation Mr. TORRICELLI. Mr. President, I Subcommittee staff for their assist- ‘‘(C) ADDITIONAL ALLOCATION.—An alloca- tion to a State under subparagraph (A) shall thank Senators MCCAIN, CHAFEE, BAU- ance with this amendment. I look for- ward to its inclusion in the final high- be in addition to any allocation to the State CUS, and HOLLINGS for their support for under paragraph (1). way bill. my efforts to have the Department of ‘‘(6) PERIOD OF AVAILABILITY OF DISCRE- Transportation investigate how to im- TIONARY FUNDS.—Amounts made available prove the safety of transporting high- KERRY (AND HAGEL) AMENDMENT under’’. risk hazardous waste material on our NO. 1983 Nation’s highways. This issue is of (Ordered to lie on the table.) GREGG AMENDMENT NO. 1985 great concern to me and to the people Mr. KERRY (for himself and Mr. (Ordered to lie on the table.) of New Jersey. HAGEL) submitted an amendment in- Mr. GREGG submitted an amend- On October 20, 1997, a truck carrying tended to be proposed by them to ment intended to be proposed by him hazardous materials caught fire while amendment No. 1676 proposed by Mr. to amendment No. 1676 proposed by Mr. traveling on Interstate-80 in Paterson, CHAFEE to the bill, S. 1173, supra; as CHAFEE to the bill, S. 1173, supra; as New Jersey causing nearby residents follows: follows: and businesses to be evacuated. Two At the appropriate place in subtitle D of On page ll, after line ll, insert the fol- Paterson police officers had to be hos- title III, insert the following: lowing: pitalized and treated for chemical in- SEC. 34ll. NEBRASKA SUGAR BEET TRANSPOR- SEC. ll. REQUIREMENT OF OFFSETS FOR ADDI- halation as a result of the accident. Ac- TATION. TIONAL ISTEA II SPENDING BEYOND Section 31112(d) of title 49, United States LEVELS IN 1997 BUDGET AGREE- cording to the police, the fire started Code, is amended by striking paragraph (4) MENT. when two chemicals inside the truck and inserting the following: (a) POINT OF ORDER.—It shall not be in spilled over and mixed together. ‘‘(4) Notwithstanding the limitation under order in the Senate to consider a bill or reso- Though the accident was not severe, paragraph (1), the State of Nebraska may lution (or amendment, motion, or conference it certainly would have been much allow to be operated commercial motor vehi- report on such bill or resolution) that pro- worse had a passing motorists not no- cle combinations that are within the limita- vides spending for the programs funded under the Intermodal Surface Transpor- ticed the fire and forced the driver to tions under subsection (b) to transport, for a distance not to exceed 120 miles, sugar beets tation Efficiency Act II in excess of the lev- pull over. We were also fortunate that from— els provided in the concurrent resolution on the public safety officials were well- ‘‘(A) the field where those sugar beets are the budget for fiscal year 1998 if that spend- trained and acted as quickly as they harvested to storage, market, factory, or ing would— did. stockpile; or (1) exceed the discretionary budget caps; What truly concerns me about this ‘‘(B) stockpile to storage, market, or fac- (2) cause a reduction in the surpluses pro- accident is the revelation that the tory.’’. jected by CBO; or company that was transporting the (3) adversely effect the actuarial balances HUTCHINSON AMENDMENT NO. 1984 of the social security trust funds. waste had been involved in 46 spill inci- (b) WAIVER.—This section may be waived dents at a cost of more than $100,000 (Ordered to lie on the table.) or suspended in the Senate only by the af- since their inception. Despite this Mr. HUTCHINSON submitted an firmative vote of three-fifths of the Mem- record, their last safety inspection by amendment intended to be proposed by bers, duly chosen and sworn. March 11, 1998 CONGRESSIONAL RECORD — SENATE S1797 (c) APPEALS.—Appeals in the Senate from COMMITTEE ON FOREIGN RELATIONS committee on Financial Services and the decisions of the Chair relating to any Mr. CHAFEE. Mr. President, I ask Technology of the Committee on Bank- provision of this section shall be limited to 1 unanimous consent that the Commit- ing, Housing, and Urban Affairs be au- hour, to be equally divided between, and con- tee on Foreign Relations be authorized thorized to meet during the session of trolled by, the appellant and the manager of to meet during the session of the Sen- the concurrent resolution, bill, or joint reso- the Senate on Wednesday, March 11, lution, as the case may be. An affirmative ate on Wednesday, March 11, 1998, at 1998, to conduct a hearing on S. 1594 vote of three-fifths of the Members of the 11:00 a.m. to hold a business meeting. ‘‘Digital Signature and Electronic Au- Senate, duly chosen and sworn, shall be re- The PRESIDING OFFICER. Without thentication Law (SEAL) of 1998’’. quired in the Senate to sustain an appeal of objection, it is so ordered. The PRESIDING OFFICER. Without the ruling of the Chair on a point of order COMMITTEE ON INDIAN AFFAIRS objection, it is so ordered. raised under this section. Mr. CHAFEE. Mr. President, I ask SUBCOMMITTEE ON NEAR EASTERN AND SOUTH (d) DETERMINATION OF BUDGET LEVELS.— unanimous consent that the Senate For purposes of this section, the levels of ASIAN AFFAIRS Committee on Indian Affairs be author- Mr. CHAFEE. Mr. President, I ask new budget authority, outlays, new entitle- ized to meet during the session of the unanimous consent that the Sub- ment authority, revenues, and deficits for a Senate on Wednesday, March 11th, at fiscal year shall be determined on the basis committee on Near Eastern and South 9:30 a.m. in room 216 of the Hart Senate of estimates made by the Committee on the Asian Affairs of the Committee on For- Building to conduct a markup on the Budget of the Senate. eign Relations be authorized to meet Committee’s Budget Views & Esti- during the session of the Senate on DOMENICI AMENDMENT NO. 1986 mates letter regarding the President’s FY ‘99 Request for Indian programs. To Wednesday, March 11, 1998 at 2:00 p.m. (Ordered to lie on the table.) be followed immediately by a hearing to hold a hearing. Mr. DOMENICI submitted an amend- on Tribal Sovereign Immunity. The PRESIDING OFFICER. Without ment intended to be proposed by him The PRESIDING OFFICER. Without objection, it is so ordered. to amendment No. 1676 proposed by Mr. objection, it is so ordered. SUBCOMMITTEE ON PERSONNEL CHAFEE to the bill, S. 1173, supra; as COMMITTEE ON THE JUDICIARY Mr. CHAFEE. Mr. President, I ask follows: Mr. CHAFEE. Mr. President, I ask unanimous consent that the Sub- At the appropriate place, insert the follow- unanimous consent that the Commit- committee on Personnel of the Com- ing: tee on the Judiciary be authorized to mittee on Armed Services be author- SEC. . DESIGNATION OF NEW MEXICO COMMER- meet during the session of the Senate ized to meet on Wednesday, March 11, CIAL ZONE. on Wednesday, March 11, 1998 at 10:00 1998, at 2:00 p.m. in open session, to re- (a) COMMERCIAL ZONE DEFINED.—Notwith- a.m. in room 226 of the Senate Dirksen ceive testimony on the Defense Health standing the provisions of 49 U.S.C. Section Office Building to hold a hearing on Program in review of the Defense au- 13902(c)(4)(A), in this section, for the trans- portation of property only, the term ‘‘com- ‘‘nomination of Frederica A. Massiah- thorization request for fiscal year 1999 mercial zone’’ means a zone containing lands Jackson, of Pennsylvania, to be United and the future years Defense program. adjacent to, and commercially a part of, 1 or States District Judge for the Eastern The PRESIDING OFFICER. Without more municipalities with respect to which District of Pennsylvania.’’ objection, it is so ordered. the exception described in section 13506(b)(1) The PRESIDING OFFICER. Without SUBCOMMITTEE ON READINESS of title 49, United States Code, applies. objection, it is so ordered. Mr. CHAFEE. Mr. President, I ask (b) DESIGNATION OF ZONE.— SELECT COMMITTEE ON INTELLIGENCE unanimous consent that the Sub- (1) IN GENERAL.—The area described in Mr. CHAFEE. Mr. President, I ask committee on Readiness of the Com- paragraph (2) is designated as a commercial unanimous consent that the Select zone, to be known as the ‘‘New Mexico Com- mittee on Armed Services be author- mercial Zone.’’ Committee on Intelligence be author- ized to meet on Wednesday, March 11, (2) DESCRIPTION OF AREA.—The area de- ized to meet during the session of the at 9:00 a.m. In open session, to receive scribed in this paragraph is the area that is Senate on Wednesday, March 11, 1998 at testimony on environmental and mili- comprised of Dona Ana County and Luna 2:30 p.m. to hold a closed hearing on in- tary construction issues in review of County in New Mexico. telligence matters. the National Defense Authorization (c) SAVINGS PROVISION.—Nothing in this The PRESIDING OFFICER. Without Act for fiscal year 1999. section shall affect any action commenced or objection, it is so ordered. pending before the Secretary of Transpor- The PRESIDING OFFICER. Without SUBCOMMITTEE ON ADMINISTRATIVE OVERSIGHT objection, it is so ordered. tation or Surface Transportation Board be- AND THE COURTS fore the date of enactment of this Act. Mr. CHAFEE. Mr. President, I ask SUBCOMMITTEE ON STRATEGIC FORCES f unanimous consent that the Sub- Mr. CHAFEE. Mr. President, I ask AUTHORITY FOR COMMITTEES TO committee on Administrative Over- unanimous consent that the Sub- MEET sight and the Courts, of the Senate Ju- committee on Strategic Forces of the diciary Committee, be authorized to Committee on Armed Services be au- COMMITTEE ON COMMERCE, SCIENCE, AND meet during the session of the Senate thorized to meet on Wednesday, March TRANSPORTATION on Wednesday, March 11, 1997 at 2:00 11, 1998, at 2:30 p.m. in open session, to Mr. CHAFEE. Mr. President, I ask p.m. to hold a hearing in room 226, Sen- receive testimony on U.S. national se- unanimous consent that the Commit- ate Dirksen Building, on: ‘‘S. 1301, the curity space programs and policies and tee on Commerce, Science, and Trans- Consumer Bankruptcy Reform Act: the Department of Defense budget re- portation be authorized to meet on seeking fair and practical solutions to quest for fiscal year 1999 and the future Wednesday, March 11, 1998, at 9:30 a.m. the consumer bankruptcy crisis’’. years Defense program. on the tobacco settlement legislation. The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without objection, it is so ordered. objection, it is so ordered. objection, it is so ordered. SUBCOMMITTEE ON AIRLAND FORCES f COMMITTEE ON ENERGY AND NATURAL Mr. CHAFEE. Mr. President, I ask RESOURCES unanimous consent that the Sub- ADDITIONAL STATEMENTS Mr. CHAFEE. Mr. President, I ask committee on Airland Forces of the unanimous consent that the Commit- Committee on Armed Services be au- IRA ROLLOVER TO CHARITY ACT tee on Energy and Natural Resources thorized to meet on Wednesday, March be granted permission to meet during 11, 1998, at 10:00 a.m. in open session, to ∑ Mrs. HUTCHISON. Mr. President, the session of the Senate on Wednes- receive testimony on land force mod- yesterday, I introduced, on behalf of day, March 11, for purposes of conduct- ernization. our Nation’s charitable organizations, ing a Full Committee business meeting The PRESIDING OFFICER. Without the IRA Rollover to Charity Act. It which is scheduled to begin at 9:30 a.m. objection, it is so ordered. will allow donors to roll assets in an The purpose of this business meeting is SUBCOMMITTEE ON FINANCIAL SERVICES AND IRA to a charity or a deferred chari- to consider pending calendar business. TECHNOLOGY table gift plan. The effect would be to The PRESIDING OFFICER. Without Mr. CHAFEE. Mr. President, I ask unlock certain taxable income and objection, it is so ordered. unanimous consent that the Sub- allow individuals to choose to direct S1798 CONGRESSIONAL RECORD — SENATE March 11, 1998 personal resources to charitable causes utility officer for this command. Bob under the treaty, Tibetan resistance penalty-free. Sloane’s skills were clearly that of an grew. It came to a head in the People’s Under my proposal, a person who has oral surgeon and not a constructor of Uprising, which was suppressed by the reached age 591⁄2 will be allowed to embattlements. Red Army at the cost of thousands of move assets penalty-free from an IRA He left the U.S. Army Air Force in civilian lives. The Dalai Lama, Tibet’s directly to charity or into a qualifying 1945 having attained the rank of cap- head of state and the spiritual leader of deferred charitable gift plan—e.g. char- tain and returned to civilian life. He Tibetan Buddhists, was forced into itable remainder trust, pooled income spent the next four decades ministering exile in India, where he has been cam- funds and gift annuities. In the latter to the oral health of the residents of paigning for the freedom of Tibet ever case the donor would be able to receive the state of New York and raising his since. an income stream from the retirement four children. The International Campaign for plan assets that would be taxed accord- Bob Sloane is now well into his sec- Tibet estimates that, during the 20 ing to normal rules for those giving ond career as a painter. He has been years following the uprising, some 1.2 methods. Upon the death of the indi- the subject of a number of shows and million Tibetans, about one fifth of the vidual or the individual’s spouse, the wields his brush at classes at the Na- country’s population, perished due to remainder would be transferred to tional Academy of Design, School of China’s policies. Many more were im- charity. Fine Art as well at his studios in New prisoned, went into exile, or dis- Recent studies show that assets of York City and Warwick, NY. appeared. More than 6,000 monasteries, qualified retirement plans comprise a I would like to take this opportunity, temples and other cultural and historic substantial part of the net worth of Mr. President, to join with Bob buildings were destroyed. The Chinese many professionals. The IRA Rollover Sloane’s family and friends in wishing occupation of Tibet stands as a monu- ment to the worst excesses of Com- to Charity Act lifts current law dis- him a very happy eightieth birthday.∑ incentives to this important source of munist tyranny. f The U.S. Department of State and charitable giving. IRA assets represent international human rights organiza- untaxed income and cannot be with- THE 8TH ANNIVERSARY OF THE tions continue to document acts of re- drawn without being subject to tax- CHALDEAN-DETROIT TIMES pression by Chinese authorities in ation in full at the time of withdrawal. ∑ Mr. ABRAHAM. Mr. President, I rise Tibet even today. According to reports As a result, if an IRA is transferred today to recognize an important event which is taking place in the State of cited in the State Department’s Human into a charitable remainder trust, do- Rights Report for 1997, ‘‘Chinese gov- Michigan. The Chaldean-Detroit Times nors are required to recognize all such ernment authorities continued to com- is celebrating eight years of service income. Therefore, absent the changes mit serious human rights abuses in and dedication to the Detroit Arab called for in the legislation, the donor Tibet, including instances of torture, community. At this time, this publica- will have taxable income in the year arbitrary arrest, detention without tion should be recognized for its com- the gift is funded. public trial, and long detention of Ti- mitment to strengthening the Mr. President, this bill will unleash betan nationalists for peacefully ex- Chaldean community and cultural un- an enormous resource for charities pressing their political views. Tight derstanding. servicing cultural, educational, envi- controls on religion and on other fun- Friends and readers of the Chaldean- ronmental, health-related, religious damental freedoms continued and in Detroit Times will gather for a banquet and humanitarian purposes. If passed, some cases intensified.’’ the bill could be a huge asset for chari- in celebration of its eight years of com- Amnesty International cited ‘‘grossly table organizations and I urge my col- mitment to the community. This event unfair trials, widespread torture and leagues to cosponsor this bill.∑ will take place on the evening of Fri- ill-treatment in police cells, prisons f day, March 20, 1998 at the Southfield and labor camps,’’ and concluded that Manor in Southfield, Michigan. Each of ROBERT B. SLOANE ‘‘despite some legal changes, Chinese the individuals in attendance deserve legislation still allowed more than ∑ Mr. MOYNIHAN. Mr. President, Jan- special recognition for their support of 200,000 to be detained in 1997 without uary 4 of this year marked the eighti- the Chaldean-Detroit Times and the charge or trial for ‘re-education eth birthday of a constituent, Robert Chaldean community. through labor.’ ’’ B. Sloane. This Friday, March 13, Bob I commend the Chaldean-Detroit The Chinese government’s claims of Sloane’s friends and family will gather Times on its 8th Anniversary and send success in its recent economic develop- to celebrate his entry into his ninth my best wishes to Amir Denha and to ment policies in Tibet are also mislead- decade. Having recently earned the the entire Chaldean community of De- ing: the favorable economic and tax title of septuagenarian, I wish him troit.∑ policies have disproportionately bene- hearty congratulations on this senes- f fitted ethnic Chinese residents rather cent achievement. than native Tibetans. Consequently, Bob Sloane was born in Brooklyn, NY THE 39TH ANNIVERSARY OF THE TIBETAN PEOPLE’S UPRISING these policies ‘‘have attracted growing and has always been a resident of our numbers of ethnic Han and Hui immi- fair state. He was graduated from New ∑ Mr. DURBIN. Mr. President, I rise grants from other parts of China, that York University’s School of Dentistry today to honor the concerned citizens are competing with—and in some cases at the age of 21 and spent the next two in Chicago and around the world who displacing—Tibetan enterprises and years living on Roosevelt Island as a have taken part in activities to com- labor,’’ according to the U.S. State De- resident. memorate the 39th Anniversary of the partment. And then began World War II. Bob Tibetan People’s Uprising of 1959. The United States must not allow Sloane entered what was then the Since China’s brutal invasion of China to use Tibet’s geographic and po- United States Army Air Force serving Tibet in 1949, Chinese rule has brought litical isolation to obscure our view of for four years both at home and in the oppression and misery to a proud peo- the situation. The fate of Tibet and its South Pacific. While stationed on the ple whose national history extends people also must not be sacrificed to island of Guam, he received orders to back 2,000 years. Tibet functioned fully diplomatic expediency in a short-sight- construct a fence around the periphery as an independent nation-state from ed effort to improve U.S. relations with of the camp. In charge of a number of 1911 until 1951, when China imposed its China. If the Chinese government wish- young men he instructed them to build notorious so-called ‘‘17-Point Agree- es to join the community of responsible the fence in the hard, coral ground of ment on the Peaceful Liberation of nations, it must act responsibly. It the island. The fence was a disaster, Tibet,’’ forcing the Tibetan govern- must improve its human rights per- toppled by a tap from his commanding ment to acknowledge Chinese sov- formance and resume negotiations on officer. And down came the single line ereignty. Tibet’s future. We in Congress should order signed by the commanding gen- As China consolidated its power dur- call upon the Administration to intro- eral: Captain Robert B. Sloane is here- ing the 1950s, refusing to permit even duce a resolution dealing with the seri- by immediately relieved of his duty as the regional autonomy permitted ous human rights abuses in China and March 11, 1998 CONGRESSIONAL RECORD — SENATE S1799 Tibet at the March 16 meeting of the to school each morning. During his ad- rently, Mr. Jones serves as Deputy for United Nations Commission on Human olescent years, he entertained us the Orient for Michigan. In addition, he Rights in Geneva. through the new medium of television, serves as Deputy for Michigan for the As the Dalai Lama has said, ‘‘Brute performing regularly on our favorite United Supreme Council and is active force, no matter how strongly applied, variety shows. Americans quickly dis- in the Ancient and Accepted Scottish can never subdue the basic human de- covered Wayne’s irresistible stage pres- Rite of Freemasonry, Prince Hall Af- sire for freedom and dignity. It is not ence, enchanting voice, and charming filiation, Northern Jurisdiction and enough, as communist systems have smile. USA Inc. Mr. Jones should be com- assumed, merely to provide people with While still a teenager, he headlined a mended for his community activism as food, shelter and clothing. The deeper Las Vegas show and became one of the well. He serves as an active member of human nature needs to breathe the pre- area’s most popular attractions. In- his church, treasurer of the Grand Rap- cious air of liberty.’’ It is time the gov- deed, over the years, millions of tour- ids Urban League Board of Directors ernment of China paid heed to his wise ists flocked to the Silver State to and Chair of the Minority Business words.∑ enjoy the sunny climate, scrumptious Committee of the Grand Rapids Cham- f buffets, spectacular lights, magnificent ber of Commerce. His activity extends resorts, and, to be sure, the singular even beyond these organizations. Mr. CLAWSON CHAMBER OF COM- magic of Wayne Newton. Wayne’s nick- Jones, an engineer and businessman is MERCE ‘‘BUSINESS PERSON OF name, Mr. Las Vegas, is richly de- a father of six and grandfather of eight. THE YEAR’’ served, and, as his career has grown It is quite apparent that Mr. Jones self- ∑ Mr. ABRAHAM. Mr. President, I rise and met with amazing success, so has lessly and freely gives of his time. today to acknowledge Tamara Van that great city. I am pleased to recognize the good Wormer Tazzia, winner of the Clawson, At the age of 21, his single ‘‘Danke work of Wesley A. Jones. He has been Michigan Chamber of Commerce ‘‘Busi- Schoen’’ made music history. Many of rightfully honored by the Michigan ness Person of the Year’’ Award. Ms. his songs have topped the charts, and Council of Deliberation Scholarship Tazzia is the owner and manager of the there are too many to mention here, Foundation.∑ Tri-Centre Business Complex in Claw- but some of my favorites include f son and has been very active in the ‘‘Heart,’’ ‘‘Summer Wind,’’ and ‘‘Red RESTORING DIPLOMATIC Clawson Chamber of Commerce, serv- Roses for a Blue Lady.’’ ing as a board member, for the past Wayne Newton’s gifts extend well be- READINESS five years. This month she will take yond his extraordinary showmanship ∑ Mr. BIDEN. Mr. President, in the over as president of the Chamber. and musical talent. For example, he coming weeks, the Committee on the In addition to her involvement in the has distinguished himself as a skilled Budget will begin consideration of the Chamber of Commerce, Ms. Tazzia has actor, having been featured in ten concurrent budget resolution for Fiscal an impressive list of accomplishments. films, and countless television and Year 1999. I would like to take a few Ms. Tazzia has over ten years experi- cable programs. minutes today to discuss the continu- ence in property management and Many Americans are aware that ing need for our government to provide eighteen years of entrepreneurial busi- Wayne Newton has earned a star on the sufficient resources for international ness experience. She is a past vice- Hollywood Walk of Fame, but how affairs. Since becoming the ranking president of the National Association many know that he has been awarded Democrat on the Committee on For- of Women Business Owners and past the Medal for Distinguished Public eign Relations, I have focused special president of both the Troy Toast- Service, Founder’s Award of St Jude’s attention on this question, because I masters and Bloomfield Hills Optimist hospital, the VFW’s Hall of Fame believe that adequate funding for these Club. Award, the American Legion’s Excep- programs is essential to our national Ms. Tazzia will be honored at the tional Citizen Award and the Humani- interest. Clawson Chamber of Commerce Annual tarian Award of the American Cancer With the collapse of communism and Awards Dinner Saturday, March 21, Society’s Research Center—just to the dissolution of the Soviet empire, 1998. I congratulate Ms. Tazzia on her name a few? After fifty years before the United States has emerged as the award and commend her for her in- the public eye, Wayne Newton has be- world’s sole remaining superpower. volvement in her community.∑ come one of the world’s most prolific With that position comes a responsibil- f entertainers, but he has always found ity to take a leading role in inter- time and energy to devote to scores of national affairs. Around the globe, TRIBUTE TO WAYNE NEWTON worthy causes. American leadership is essential to ∑ Mr. REID. Mr. President, I rise today Wayne Newton’s career is the stuff of preserving stability and security, and to pay tribute to a dear friend and per- legend. I am confident there will be advancing prosperity and economic op- haps the most recognizable Nevadan many more years in which visitors to portunity. the world-over, Wayne Newton, for Las Vegas will be mesmerized by this The United States cannot remain an reaching his incredible fiftieth year in amazing performer. It is hard to imag- effective world leader without devoting show business. ine anyone reaching greater heights of sufficient resources to diplomatic read- Wayne Newton has reached amazing success, but certainly, if anyone could, iness. Just as we need to maintain and goals in an industry in which success it’s Mr. Las Vegas. However, to me the train robust military forces in order to can be short lived. Before most Ameri- greatest attribute of Wayne Newton is protect our security, we need a well- cans had heard of Elvis Presley or the the quality of his friendship. He is trained and well-equipped diplomatic Beatles, Wayne Newton released a best- above all my good friend.∑ corps to advance our nation’s numer- selling record, sung for the President of f ous international interests. Indeed, the United States, and toured with the with the reductions in our military Grand Old Opry road show. MICHIGAN COUNCIL OF DELIBERA- presence overseas in the last decade, it In a half-century, Wayne Newton has TION SCHOLARSHIP FOUNDATION is all the more important that we performed live for an astonishing fif- HONOREE maintain a robust diplomatic presence teen million people and that number ∑ Mr. ABRAHAM. Mr. President, I rise around the globe, and that our dip- continues to grow each year. Tens of before you today to recognize Wesley lomats, who work on the front line of millions around the world have also en- A. Jones, of Grand Rapids, Michigan. our national defense, have the re- joyed his talents through the radio, Mr. Jones, has been honored by the sources necessary to do their jobs. television, and movies. Michigan Council of Deliberation It is sometimes said that, in the mod- Wayne’s musical genius was recog- Scholarship Foundation, an organiza- ern information age, embassies and the nized early in life. At the age of six, tion of which he is a member. diplomats who staff them are no longer the precocious youngster was already Mr. Jones is being honored as an out- relevant. The assertion is, in my view, dazzling audiences as the star of a standing individual for his many busi- absurd. While modern technology has radio show, which aired before he went ness and civic contributions. Cur- eased communications and travel S1800 CONGRESSIONAL RECORD — SENATE March 11, 1998 across the miles, there is no substitute creased substantially since the late- ing Russia, to make the transition for being physically present in a for- 1980s. from communism to democratic cap- eign country. No one can fully com- Ethnic conflicts and regional rival- italism. A similar U.S. effort in East- prehend all the intricacies of a nation’s ries—long submerged during the Cold ern Europe has already resulted in the politics and government without living War—have led to the creation of more ‘‘graduation’’ of several nations from in that country. Equally important, di- U.N. peacekeeping missions in the last U.S. aid programs, demonstrating that plomacy is about building trust; trust decade than there were in the previous American assistance to this region between governments cannot be se- three decades of the United Nations. In need not be permanent. cured over the phone and fax, but Fiscal 1990, for example, U.S. contribu- Second, the Administration requests comes, ultimately, from personal rela- tions to peacekeeping was $81 million. $216 million for the Non-Proliferation, tionships that are built over a period of By Fiscal 1994, largely because of the Antiterrorism, Demining and Related time. In short, the telephone and the U.N. operations in Bosnia and Somalia, Programs account, an increase over the facsimile machine cannot replace the this account totaled $1.07 billion. The $133 million appropriated in Fiscal 1998. on-site presence of well-trained dip- United States bears 25 percent of the This funds a number of key programs, lomats. cost of these missions, and paid 31 per- including the effort to keep former So- Unfortunately, in recent years we cent prior to 1994. viet scientists employed on useful have short-changed our diplomats, and I am pleased that the President has projects—a program designed to pre- ultimately our nation’s interests, by recognized the importance of assuring vent them from selling their knowl- reducing funding for international af- enhanced funding for foreign affairs by edge and skills to rogue regimes. Like fairs. Indeed, by almost every measure, requesting $20.15 billion in Fiscal 1999, the Nunn-Lugar program, which is the budget for international affairs has roughly one billion dollars over Fiscal funded in the 050 account, the Science declined precipitously over the past 1998. I would like to briefly discuss the Center program is a critical element in decade. Importantly, Congress is wak- highlights of this request, and the no- a strategy of containment—a strategy ing up to this problem. In Fiscal 1998, table increases within it. directed not at a nation or ideology, Congress increased funding for the First, the budget for State Depart- but at controlling the threat posed by Function 150 account—which encom- ment operations contains two impor- the proliferation of dangerous tech- passes foreign affairs funding—for the tant initiatives. First, the Department nologies. first time in eight years. But measured seeks authority to construct a new em- Third, the Administration seeks a against historical averages, funding for bassy in Beijing, China, and to begin significant increase in the budget for international affairs remains low. construction on a new embassy in Ber- international narcotics and law en- According to a recent study by the lin, Germany. Both projects are essen- forcement at the State Department. Congressional Research Service (CRS) tial. Our embassy in Beijing is in de- Specifically, it requested $275 million, prepared at my request, the discre- plorable condition, and is barely suffi- a $44 million increase. These resources tionary budget authority for Function cient given our important interests are required to continue the ongoing 150 in Fiscal 1998—$19.05 billion in Fis- there. The decision of the German gov- struggle against the narcotics cartels cal 1998 dollars—is 22.9 percent below ernment to move its capital from Bonn in this hemisphere and elsewhere. the average of the past two decades to Berlin necessitates the construction I commend the President for seeking ($24.69 billion). Using constant FY 1998 of the new embassy there. Several a 20 percent increase in the budget for dollars, in only two years in the last years ago, Congress urged the State the Peace Corps, an increase designed two decades (Fiscal Years 1996 and 1997) Department to fund capital projects of to put the Corps on a path to 10,000 vol- was foreign affairs funding at lower this sort from proceeds derived from unteers by the year 2000, well above the levels than the current fiscal year. sales of existing assets. Because of un- current number of 6,500 volunteers. The Similarly, as a percentage of total certainties in several foreign real es- Peace Corps represents the best of budget authority, Function 150 funding tate markets, however, several antici- American values and ideals, and ad- in FY 1998 is 1.129 percent, nearly one- pated sales have not been realized, thus vances American interests overseas im- third below the annual average (1.653 requiring the Department to seek fund- measurably. percent) for the past two decades. ing for these construction projects, Finally, the Administration has re- An examination of the subfunctions which I support. quested a supplemental appropriations of the foreign affairs budget tells a Second, the State Department seeks legislation for Fiscal 1998 for the Inter- similar story. Funding for inter- an increase in its Capital Investment national Monetary Fund (IMF), and national development activities is 14.7 Fund, which provides resources for urge passage of legislation to pay off percent below the average of the last modernizing its aging information our arrears to the United Nations (UN) twenty years. Security assistance in technology infrastructure. The Depart- and other international organizations. Fiscal 1998 is 46.4 percent less, in real ment is significantly behind the times Last year’s budget agreement allows terms, than the average of the past two technologically. In many important for an adjustment in the discretionary decades. Foreign information and ex- posts and offices, it remains reliant on spending caps for these important pri- changes—this is, the broadcasting, pub- obsolete and obsolescent computer and orities. I hope we will act on this legis- lic diplomacy and exchange programs telecommunications technology. To lation soon—and without linking it to carried out by the Broadcasting Board give just one example, the Department unrelated issues. of Governors and the U.S. Information still has an ample supply of Wang com- Mr. President, in closing, let me em- Agency—are at a level 13.3 percent puters; several generations of computer phasize this: funding for foreign affairs below the average of the period covered technology have emerged since the is but one percent of the total federal by the CRS study. Wangs were installed, and it is long budget. But as is reflected in the daily Only the ‘‘Conduct of Foreign Af- past time for the Department to re- headlines and our own priorities here fairs’’ subfunction, which includes place these antiquated systems. Infor- in the Senate, foreign policy comprises State Department operational costs, as mation is central to the task of diplo- far more than one percent of our na- well as contributions to international macy; modernizing these systems is es- tion’s interests. As our Secretary of organizations and peacekeeping, is sential to enable our diplomats to per- State likes to say, it may account for above the twenty-year average. But it form their jobs. fifty percent of the history that is should be emphasized that the budget The foreign assistance budget con- written about our era. for this category in Fiscal 1998 is the tains three increases which are critical This is not to suggest that the for- smallest, in real terms, since Fiscal to American interests. First, the Ad- eign policy budget should constitute 1990. Moreover, the relative size of this ministration seeks an increase in the half of our federal budget; it is to re- category, as compared to the 1970s and assistance for the Newly Independent mind us, however, that any reduction 1980s, can be explained by significant States (NIS) of the Former Soviet in that budget would be symbolic in its increases in the international peace- Union, from $770 million to $925 mil- effect on the federal fisc, but would be keeping account, an account which was lion. These programs are designed to significant in its effect on our national small during the Cold War, but has in- assist the nations of the region, includ- interests. I hope my colleagues will March 11, 1998 CONGRESSIONAL RECORD — SENATE S1801 bear that in mind as we begin debate media about the tobacco industry and Tobacco Disclosure Act. It would sub- on the budget for the coming fiscal the horrors of lung cancer and emphy- ject exported cigarettes to the same re- year.∑ sema are an indication of how far we strictions on labeling that apply to the f have come. sale and distribution of cigarettes in What has been sorely lacking, how- the United States and prevent U.S. 20TH ANNUAL RESPECT LIFE ever, is the same kind of attention on Government officials from working BENEFIT the effects of tobacco use in developing against other countries’ restrictions on ∑ Mr. ABRAHAM. Mr. President, I rise nations where an estimated 800 million tobacco. We should do everything we today to acknowledge the 20th Annual people smoke and the consumption of can to try to protect the people in ‘‘Respect Life’’ Benefit presented by cigarettes is rising steadily. As the those countries from the dangers of to- the Knights to Columbus, Michigan market for tobacco products in the US bacco, as we are protecting ourselves. State Council and the Right to Life of declines, tobacco companies are ag- Hundreds of millions of lives, and bil- Michigan Educational Fund. gressively pursuing these lucrative for- lions of dollars that could otherwise be The benefit is a very important pro- eign markets. It is projected that adult used to educate, house and employ peo- life event for Michigan. It will take consumption of cigarettes in the devel- ple, are at stake.∑ place on the evening of Thursday, oping countries will exceed that in the f March 26, 1998 at the Burton Manor in industrialized countries within the Livonia, Michigan and is expected to next decade. These figures do not even COMMEMORATING THE RESTORA- attract over one thousand people. take into account that in many devel- TION OF LITHUANIA’S INDE- When a large group like this gathers to oping countries the number of people PENDENCE celebrate the gift of life it sends a under eighteen—those most susceptible ∑ Mr. ABRAHAM. Mr. President, on great message. In light of the current to tobacco advertising and most in- this day, the eighth anniversary of the struggle in our nation regarding par- clined to start smoking—is more than restoration of Lithuania’s independ- tial birth abortion there could not be a fifty percent of the population. In a ence, I would like to pay tribute to the more urgent time for a gathering like matter of years, tobacco will be a lead- perserverence and sacrifices of the this one. ing cause of death in countries whose Lithuanian people which enable them Another way in which those of us poor healthcare systems cannot pos- to achieve the freedom which they now who respect the sanctity of life can sibly care for them. enjoy. send a message is through media chan- Why should this matter to us? Each On March 11, 1990, the newly elected nels. Michigan will lead the way in the year, we provide billions of dollars in Lithuanian Parliament, fulfilling its pro-life movement through a major foreign aid to improve the lives of peo- election mandate from the people of media campaign. The 1998 Media Cam- ple overseas. We spend tens of millions Lithuania, declared the restoration of paign, of which the proceeds will go, of dollars to support foreign health Lithuania’s independence and the es- will be showcased at the event. In addi- programs. It is absurd that in the same tablishment of a democratic state. tion, Dr. Alan Keyes will be the fea- countries where we are spending pre- The people of Lithuania endured a 51- tured speaker for the evening. cious American tax dollars to try to year foreign occupation which began as The efforts of Richard F. McCloy, save lives, American tobacco compa- a result of the infamous Nazi-Soviet State Deputy of the Knights of Colum- nies are pushing their deadly products. Pact of 1939. During that time the peo- bus, Michigan State Council, and Bar- Until recently, it was even worse ple of Lithuania courageously resisted bara Listing, President, Right to Life than that. According to a February 16, the imposed communist dictatorship of Michigan Educational Fund are 1998 ‘‘New York Times’’ article, there and cultural genocide of this foreign truly commendable. They have gener- has been a long history of collabora- occupation. ously devoted their time and efforts, tion between the US Government and During this time, the people of Lith- not only to this event but to a very tobacco companies to introduce Amer- uania were able to mobilize and sustain worthy cause. I extend my best wishes ican cigarettes into foreign markets a non-violent movement for social and for both a very successful event and and to fight anti-smoking regulations political change which came to be Media Campaign.∑ overseas. It is reported that in 1992 the known as Sajudis. f US Government and the tobacco com- On February 24, 1990 Sajudis, the peo- panies worked hand-in-hand against an ple’s movement, through citizen action CURBING TOBACCO USE IN THE effort by Thai authorities to require guaranteed a peaceful transition to THIRD WORLD tobacco companies to disclose the in- independence and democracy by fully ∑ Mr. LEAHY. Mr. President, public gredients in their cigarettes. participating in the first democratic and private institutions all across the Fortunately, the US Government is elections in Lithuania in more than United States have invested enormous finally catching up with the times. In half a century. amounts of time and money to educate February, the State Department di- In January 1991, ten months after Americans about the dangers from rected our embassies and foreign com- this restoration of independence, the smoking, and to curb tobacco advertis- mercial offices to stop promoting the people and government of Lithuania ing especially that targets minors. Na- sale or export of American tobacco withstood a bloody and lethal assault tionwide campaigns have raised aware- products. They were also told to stop against their democratic institutions ness about the health and economic trying to block restrictions from being by foreign troops. Lithuania’s success- costs of cigarettes. Lawmakers have fo- placed on these products. ful restoration of democracy and inde- cused on holding the tobacco compa- Mr. President, the dangers of smok- pendence is remarkable for its use of nies responsible for the incalculable ing have been established and Ameri- non-violent resistance to an oppressive harm their products, and their decades cans are responding by taking steps to regime. of lies, have done to our society. Par- curb their tobacco consumption. As our On September 17, 1991, Lithuania be- ents, schools and local governments efforts against tobacco in the US pay came a member of the United Nations have joined together to keep children off, we must also help the developing and is a signatory to a number of its from starting to use tobacco. countries curb their own consumption. organizations and other international The attention has paid off, although One step in the right direction is the agreements. It also is a member of the their is much more that needs to be Healthy Kids Act, of which I am a co- Organization and Security and Co- done. Laws that seek to protect chil- sponsor. Introduced by Senator CONRAD operation in Europe, the North Atlan- dren from tobacco advertising have be- on February 12, 1998, the Act contains a tic Cooperation Council and the Coun- come stricter, warning labels on ciga- provision to establish the ‘‘American cil of Europe. Lithuania is an associate rette packaging contain stronger lan- Center on Global Health and Tobacco’’ member of the EU and has applied for guage, the price of cigarettes has gone to assist other countries curb tobacco NATO membership and is currently ne- up, and regulations on second-hand use. gotiating for membership in the WTO, smoke have become broader and more In addition, on July 23, 1997 Senator OECD and other Western organiza- inclusive. The number of stories in the LAUTENBERG introduced the Worldwide tions. S1802 CONGRESSIONAL RECORD — SENATE March 11, 1998 The United States established diplo- resented at emergency food outlets. soup kitchens, and emergency shelters— matic relations with Lithuania on July Over a third of the beneficiaries are nearly 28,000 clients in all have provided 28, 1992. U.S. representation accredited children, and 16% are senior citizens their personal stories to this research study. They have made an invaluable contribution to Lithuania served from the legation age 65 and older. Women make up 62% to this research effort. in Riga, Latvia, until May 31, 1930, of those served at soup kitchens and Their plight is the reason for this study. when a legation in Kaunas was estab- food pantries. 47% are white, 32% are ‘‘Hunger 1997: The Faces & Facts’’ describes lished. The Soviet invasion forced the African-American, 15% are Latino and the health and social consequences of hunger. clousure of Legation uninterrupted for 3% are Native American. Second Harvest can use the understanding of over 50 years. The U.S. never recognied Even more disturbing, the report their situation to be able to serve them more finds that 39% of all emergency client efficiently and effectively. the forcible incorporation of Lithuania This first part profiles the recipients of into the U.S.S.R., and views the households have at least one member emergency food. According to ‘‘Hunger 1997: present Government of Lithuania as a who is working. Nearly half the em- The Faces & Facts,’’ 26 million people in 1997 legal continuation of the interwar re- ployees in those households are work- received food and grocery products through public. Lithuania has enjoyed Most-Fa- ing full-time. It is shocking that in the Second Harvest network of food banks. vored-Nation (MFN) treatment with America today, so many households EDUCATION the U.S. since December, 1991. Through with full-time workers are forced to According to labor statistics, educational 1996, the U.S. has committed over $100 rely on emergency food aid. 86% of attainment is perhaps the greatest indicator million to Lithuania’s economic and households receiving emergency food of job and income mobility. Thirty six per- political transformation and to address aid earn less than $15,500 a year. 67% cent have a high school diploma or equiva- lent. Forty percent have not completed high humanitarian needs. In 1994, the U.S. earn less than $10,000 a year. Kim, a school. Only five percent of all emergency and Lithuania signed an agreement of single mother who works as a nurse, clients have attended college or received a bilateral trade and intellectual prop- said ‘‘I never thought I’d be in this sit- college degree. erty protection, and in 1997 a bilateral uation. People think of the single GEOGRAPHY investment treaty. mother and immediately stereotype US Census Bureau statistics show that 90 For over fifty years, there was a bi- her. Requiring emergency food assist- percent of all low-income people live outside partisan consensus on maintaining a ance in today’s blossoming environ- urban ghettos. Census figures indicate that strong policy of non-recognition of the ment is one thing that the public the low-income population of suburbs is forcible incorporation of Lithuania doesn’t understand.’’ growing at a faster rate than that of central into the former Soviet Union. The reason why so many Americans cities or rural areas. Agency service areas re- flect the changing demography of the people Since Lithuania regained their inde- need emergency food aid is obvious— they serve with nearly one-third of agencies pendence on March 11, 1990, the United the current prosperity has passed them serving suburban areas. States has played a critical role in by. Their earnings are too low. Wanda, EMPLOYMENT helping these states implement demo- an emergency food client and mother More than one-third (38.6 percent) of all cratic and free market reforms of two, put it this way: ‘‘My husband emergency client households have at least strengthening their security and sov- works, but at the end of the month we one member who is working. Of those house- ereignty. just run out of money. I wouldn’t know holds, 49 percent contain someone who is The 1998 U.S. and Lithuania signed what to do if it weren’t for the food working full-time, 47.8 percent include some- The Baltic Charter Partnership which pantry.’’ one who is working part-time or has seasonal recalls the history, and underscores Raising the minimum wage is an im- work. Two percent of all households include someone who is enrolled in JOBS or other that the United States has a ‘‘real, pro- portant step toward solving this prob- government sponsored job-training program. found, and enduring’’ interest in the se- lem. Today, full-time minimum wage Twelve percent of all emergency client curity and independence of the three workers earn $10,712 a year—$2,600 households include someone who is retired. Baltic states. This is because, as the below the poverty level for a family of Twenty one percent of all emergency client Charter also notes, our interest in a three. According to the Department of households include someone who is disabled. Europe whole and free will not be en- Labor, 60% of minimum wage earners Thirty-five percent of all emergency client sured until Estonia, Latvia, and Lith- are women; nearly three-fourths are households include someone who is unem- ployed. uania are secure. adults; over half work full time. Their Eighty six percent of emergency client Mr. President, I commend the people families need the money, and they de- households earn less than $15,500 annually. of Lithuania for their courage and per- serve an increase in the minimum Ninety percent of emergency client house- severance in using peaceful means to wage. If we believe in rewarding work, holds served by the network have incomes at regain their independence. I join with we have to be willing to pay working or below 150 percent of poverty. the people of Lithuania as they cele- families more than a sub-poverty mini- ‘‘Nearly everyone of us is just two pay- brate their independence day. checks away from financial crisis,’’ says ∑ mum wage. Richard Goebel, executive director of the St. f The American people understand Paul Food Bank and a member of the Second that you can’t raise a family on $5.15 RAISE THE MINIMUM WAGE—CUT Harvest Board of Directors. an hour. The 26 million Americans re- Despite the strong economy and a low un- BACK ON HUNGER ceiving food aid last year understand employment, many emergency food recipi- ∑ Mr. KENNEDY. Mr. President, the this fact of life all too well. We must ents have limited incomes and job security. nation’s economy is the best it’s been raise the minimum wage, and raise it As someone who has utilized emergency feed- in decades. Under the leadership of now. No one who works for a living ing programs, Kim, an employed nurse and President Clinton, business productiv- single mother, can strongly relate to should have to live in poverty. Goebel’s words. ‘‘I never thought I’d be in ity has reached historic highs. Enter- I ask that the first chapter of the this situation. People think of the single prise and entrepreneurship are flour- Second Harvest report ‘‘Hunger 1997: mother and immediately stereotype her. Re- ishing, generating an extraordinary ex- The Faces and Facts,’’ be printed in quiring emergency food assistance in today’s pansion, with remarkable efficiencies the RECORD. blossoming environment is one thing that and job creation. Inflation and unem- The material follows: the public doesn’t understand.’’ *Note—households may represent more ployment are at record lows. THE FACES & FACTS OF THE PEOPLE WHO ARE than one family member so numbers total In the midst of this extraordinary HUNGRY more than 100%. prosperity, however, millions of Ameri- A kaleidoscope of faces that makeup the REASONS AND CIRCUMSTANCES cans go to bed hungry each night. A re- hungry in America can be found behind the port yesterday by Second Harvest, the charts and graphs of this report. Young and For many who have never had to deal with old. Employed and looking for work. Living the problem of hunger, it is beyond com- network of food banks, documents that prehension the reasons. Why do people de- 26 million Americans received food and in suburbs, cities and rural areas. Many of them never anticipated that they would ever pend on emergency food? How Long have grocery products through Second Har- need this type of support. The reasons and people depended on emergency food pro- vest in 1997. circumstances are varied. The hidden face of grams? What about government resources? The report contains conclusions that hunger in America is often missed. To reveal WHY? should shock the conscience of us all. the faces behind the facts, interviews were Despite the strong economy, the percent- Children and the elderly are over-rep- conducted at food pantries, food shelves, age of people living in poverty has hardly March 11, 1998 CONGRESSIONAL RECORD — SENATE S1803 changed in the past year. The poverty level frail that I must stay home and take care of It is only proper, Mr. President, that for a family of three is currently $13,330 an- him and the children,’’ says Martina, whose we should set aside a day to honor the nually. Sixty-seven percent of emergency husband is disabled due to being robbed and brave women and men who have sur- client households have a yearly income of shot while leaving his job. Although the fam- vived this dread disease, which causes $10,000 or less. Wanda, an emergency food cli- ily receives Supplemental Security Income ent and mother of two, says, ‘‘My husband (SSI) and food stamps, it is not enough to pain, suffering and even death for so works but at the end of the month we just support a family of four. many Americans. run out of money. I wouldn’t know what to HOUSING Every year, Mr. President, 178,700 do if it weren’t for the food pantry.’’ For mil- Thirty-five percent of people seeking as- women and 1,600 men in the United lions of American families, low wage jobs or sistance have had to choose between buying States are stricken with breast cancer. inadequate government assistance are not food and paying their rent or mortgage. And, Each of us must live with the knowl- sufficient to provide a family’s basic nutri- 15.8 percent of emergency food clients are edge that 1 in 9 American women will tional needs. homeless, another 5 percent are living in suffer from breast cancer in her life- HOW LONG HAVE PEOPLE DEPENDED ON marginal housing, such as living with time. That means that virtually all of EMERGENCY FOOD ASSISTANCE? friends. Stanley, a disabled caretaker whose us will either be stricken by breast The study shows that most people seeking partner works at a motel, says, ‘‘If it wasn’t cancer or know someone who is. assistance are in a temporary hunger crisis for the food pantry, we would starve at the I know in my case, Mr. President, I and are not long-term dependents. Forty- end of the month. We pay the rent and utili- ties first and from then on it’s a day-to-day lost my mother to breast cancer some four percent of Second Harvest clients have years ago. It was a painful experience received food and grocery products for six existence.’’ months or less; eighteen percent for less for all of our friends and family as well than month. America is the richest country in the as my mother herself. The pain caused world. And, yet tonight thousands of your by this dread disease is intense for ev- WHAT ABOUT GOVERNMENT RESOURCES? neighbors will go to bed hungry. It may be Food stamps. Forty-one percent of emer- eryone involved, and we must do every- your child’s schoolmate who is under-nour- thing in our power to eradicate this gency food clients receive food stamps, 79 ished and has difficulty learning on an percent of those receiving food stamps say empty stomach. Or, it could be a co-worker, scourge. that they do not last through the end of the a working mother whose low-wage job Thankfully, Mr. President, we have month. Eleven percent of food-stamp clients doesn’t make ends meet. Perhaps it’s an el- made some progress in our battle with polled say their benefits have been discon- derly neighbor who has to make a decision breast cancer. The 5 year survival rate tinued, and 20 percent have seen a decrease whether to delay filling a prescription or for breast cancer victims has risen to in benefits. Of the clients not currently re- buying groceries. ‘‘The faces of hunger are as 97 percent in cases of early detection. ceiving food stamps, 40 percent have applied broad and diverse as the faces of America,’’ Medical advances have helped more and are awaiting approval for benefits. explained David Nasby, Director, Commu- women are surviving breast cancer. Sixty-four percent of client households nity Affairs, General Mills, Inc., and chair of with children participate in School Break- Just as important, however, has been the Second Harvest Board of Directors. ‘‘It the fact that we as a nation are doing fast and Lunch programs, 31 percent of emer- may be the neighbor down the street who has gency clients with children participate in encountered a tough situation or the child a better job of telling women about the Special Supplement Nutrition Program who is estranged from a parent. It’s every- their options, and of emphasizing the for Women, Infants and Children (WIC). body. People you know and would never importance of self-examination and Twenty one percent of emergency clients think hunger would touch. These personal regular visits to the doctor. with children participate in the Child- and low points have an impact on every single This is one reason, Mr. President, Adult-Care Food Programs, and/or Summer community.’’ why I believe it is important that we Food Program. Despite an economy that is thriving, un- honor breast cancer survivors in the Ninety-two percent of Second Harvest fam- employment is at a 30 year low, and a stock ilies with children receive no government as- manner called for by this resolution. market that continues to reach historic By bringing breast cancer survivors to- sistance for daycare. highs, more than 21 million people in this HEALTH AND SOCIAL CONSEQUENCES country seek emergency food assistance gether here in Washington, DC and Twenty-eight percent of adults seeking through Second Harvest network at least elsewhere around the country, we can food assistance have missed meals in the last part of the year. These startling statistics celebrate survivorship and publicize, month because there wasn’t enough food, include eight million children, and more not just the tragedy of breast cancer, and (call out) 9% of clients’ children have than three-and-a-half million elderly. but also the hope that is provided by missed meals in the past month.* ‘‘Hunger 1997: The Faces & Facts’’ does not research and early detection. ‘‘It’s criminal that we live in a country attempt to simplify a complex social issue. We need to get the message out that that will allow a child to go hungry,’’ says Instead, it is Second Harvest’s hope that this there are things women can do for Rick Ellenberger, an elementary school research study will establish a clearer pic- themselves in the fight against breast ture of hunger in America and its effects on teacher in Orlando. ‘‘Studies show that if cancer. We need to highlight the effec- children are not ready to learn by the time all of us. No single strategy, tactic or pro- they are five or six years old, we’ve lost gram can solve the problem. It takes a com- tiveness of early detection and show them. bined effort of community involvement, gov- our respect for the courage of women The growing body of medical evidence ernment action, and charitable service to ef- who have faced this disease and lived. shows that even short periods of under-nutri- fect a solution. We have a long way to go, Mr. Presi- tion can affect a child’s behavior, cognitive Second Harvest’s research shows the need dent, before we win our battle with development, and future productivity. ‘‘Chil- is urgent. With its network of certified affili- breast cancer. But research, early de- dren make up about one-third of our popu- ate food banks comprising the largest do- tection and programs to make Ameri- lation, but they make up 100 percent of our mestic hunger-relief system in the country, cans aware of their options in dealing the data collected for ‘‘Hunger 1997: The future as a nation,’’ states Dr. Joseph Zanga, with the possibility of breast cancer all President, American Academy of Pediatrics. Faces & Facts’’ has contributed to the most ‘‘What opportunities have we lost because a comprehensive analysis of charitable hun- can help. child was not nourished properly? A scientist ger-relief efforts ever conducted on a broad, I salute the women of American who who discovers a cure for cancer? A politician national scale. have faced breast cancer, along with or statesman who brings lasting peace to the ‘‘Hunger 1997: The Faces & Facts’’ research the families and friends who have sup- world?’’ study was funded with generous grants from: ported them during their time of trial, The Aspen Institute Nonprofit Sector Re- HEALTH and I hope that all of us can join to- search Fund; Chicago Tribune Holiday Fund; gether, not only to mourn those who Twenty-eight percent of emergency clients J. Willard Marriott Foundation; Mazon: A have had to choose between medical care or Jewish Response to Hunger; Nabisco Founda- lost their battle with breast cancer, filling prescriptions and buying food. Thirty- tion; Sara Lee Foundation; Share Our but also to honor those who have seven percent have delayed medical care be- Strength; and W.K. Kellogg Foundation. ∑ fought that battle and survived.∑ cause they couldn’t afford it. Thirty-six per- f f cent of emergency clients report that mem- bers of their household are in poor health, NATIONAL BREAST CANCER BULLETPROOF VEST and 41 percent of the clients have unpaid SURVIVOR’S DAY PARTNERSHIP ACT OF 1998 medical or hospital bills. ‘‘My husband is so ∑ Mr. ABRAHAM. Mr. President, I rise Mr. CHAFEE. Madam President, I in support of the resolution designat- ask unanimous consent that the Sen- * The United States Current Population Survey (CPS) defines this situation as ‘‘food insecure with ing April 1, 1998 as ‘‘National Breast ate proceed to the consideration of cal- severe hunger.’’ Cancer Survivor’s Day.’’ endar No. 315, S. 1605. S1804 CONGRESSIONAL RECORD — SENATE March 11, 1998 The PRESIDING OFFICER. The (4) INDIAN TRIBE.—The term ‘‘Indian tribe’’ hardship and waives, wholly or in part, the clerk will report. has the same meaning as in section 4(e) of requirement under this subsection of a non- The legislative clerk read as follows: the Indian Self-Determination and Edu- Federal contribution to the costs of a pro- gram. A bill (S. 1605) to establish a matching cation Assistance Act (25 U.S.C. 450b(e)). (5) LAW ENFORCEMENT OFFICER.—The term (h) ALLOCATION OF FUNDS.—Not less than 50 grant program to help States, units of local percent of the funds awarded under this sec- government, and Indian tribes to purchase ‘‘law enforcement officer’’ means any officer, agent, or employee of a State, unit of local tion in each fiscal year shall be allocated to armor vests for use by law enforcement offi- units of local government, or Indian tribes, cers. government, or Indian tribe authorized by law or by a government agency to engage in having jurisdiction over areas with popu- The PRESIDING OFFICER. Is there or supervise the prevention, detection, or in- lations of 100,000 or less. objection to the immediate consider- vestigation of any violation of criminal law, (i) REIMBURSEMENT.—Grants under this ation of the bill? or authorized by law to supervise sentenced section may be used to reimburse law en- There being no objection, the Senate criminal offenders. forcement officers who have previously pur- chased body armor with personal funds dur- proceeded to consider the bill, which (6) STATE.—The term ‘‘State’’ means each of the several States of the United States, ing a period in which body armor was not had been reported from the Committee provided by the State, unit of local govern- on the Judiciary, with an amendment, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, ment, or Indian tribe. as follows: SEC. 5. APPLICATIONS. (The part of the bill intended to be American Samoa, and the Commonwealth of the Northern Mariana Islands. Not later than 90 days after the date of en- stricken is shown in boldface brackets, (7) UNIT OF LOCAL GOVERNMENT.—The term actment of this Act, the Director shall pro- and the part of the bill intended to be ‘‘unit of local government’’ means a county, mulgate regulations to carry out this Act, inserted is shown in italic.) municipality, town, township, village, par- which shall set forth the information that S. 1605 ish, borough, or other unit of general govern- must be included in each application under ment below the State level. section 4(b) and the requirements that Be it enacted by the Senate and House of Rep- States, units of local government, and Indian resentatives of the United States of America in SEC. 4. PROGRAM AUTHORIZED. tribes must meet in order to receive a grant Congress assembled, (a) GRANT AUTHORIZATION.—The Director under section 4. SECTION 1. SHORT TITLE. may make grants to States, units of local SEC. 6. PROHIBITION OF PRISON INMATE LABOR. This Act may be cited as the ‘‘Bulletproof government, and Indian tribes in accordance Any State, unit of local government, or In- Vest Partnership Act of 1998’’. with this Act to purchase armor vests for use dian tribe that receives financial assistance SEC. 2. FINDINGS; PURPOSE. by State, local, and tribal law enforcement provided using funds appropriated or other- (a) FINDINGS.—Congress finds that— officers. wise made available by this Act may not (1) the number of law enforcement officers (b) APPLICATIONS.—Each State, unit of purchase equipment or products manufac- who are killed in the line of duty would sig- local government, or Indian tribe seeking to tured using prison inmate labor. receive a grant under this section shall sub- nificantly decrease if every law enforcement SEC. 7. SENSE OF CONGRESS. officer in the United States had the protec- mit to the Director an application, in such In the case of any equipment or product tion of an armor vest while performing their form and containing such information as the authorized to be purchased with financial as- hazardous duties; Director may reasonably require. sistance provided using funds appropriated (2) the Federal Bureau of Investigation es- (c) USES OF FUNDS.—Grant awards under or otherwise made available under this Act, timates that more than 30 percent of the al- this section shall be— it is the sense of Congress that entities re- most 1,182 law enforcement officers killed by (1) distributed directly to the State, unit of ceiving the assistance should, in expending a firearm in the line of duty could have been local government, or Indian tribe; and the assistance, purchase only American- saved if they had been wearing body armor; (2) used for the purchase of armor vests for made equipment and products. (3) the Federal Bureau of Investigation es- law enforcement officers in the jurisdiction SEC. 8. AUTHORIZATION FOR APPROPRIATIONS. of the grantee. timates that the risk of fatality to law en- There is authorized to be appropriated (d) PREFERENTIAL CONSIDERATION.—In forcement officers while not wearing an $25,000,000 for each of fiscal years 1999 awarding grants under this section, the Di- armor vest is 14 times higher than for offi- through 2003 to carry out this Act. cers wearing an armor vest; rector may give preferential consideration, (4) the Department of Justice estimates where feasible, to applications from jurisdic- Mr. CHAFEE. Madam President, I that approximately 150,000 State, local, and tions that— ask unanimous consent that the com- tribal law enforcement officers, nearly 25 (1) have a violent crime rate at or above mittee amendment be agreed to. percent, are not issued body armor; the national average, as determined by the The PRESIDING OFFICER. Without (5) the Executive Committee for Indian Federal Bureau of Investigation; and objection, it is so ordered. Country Law Enforcement Improvements re- (2) have not been providing each law en- The committee amendment was ports that violent crime in Indian country forcement officer assigned to patrol or other agreed to. has risen sharply, despite decreases in the hazardous duties with body armor. Mr. CHAFEE. Madam President, I national crime rate, and has concluded that (e) MINIMUM AMOUNT.—Unless all applica- ask unanimous consent that the bill be tions submitted by any State, unit of local there is a ‘‘public safety crisis in Indian considered read a third time and country’’; and government, or Indian tribe for a grant (6) many State, local, and tribal law en- under this section have been funded, each passed, as amended; that the motion to forcement agencies, especially those in State, together with grantees within the reconsider be laid upon the table; and smaller communities and rural jurisdictions, State (other than Indian tribes), shall be al- that any statements relating to the need assistance in order to provide body located in each fiscal year under this section bill appear at the appropriate place in armor for their officers. not less than 0.75 percent of the total the RECORD. (b) PURPOSE.—The purpose of this Act is to amount appropriated in the fiscal year for The PRESIDING OFFICER. Without save lives of law enforcement officers by grants pursuant to this section, except that objection, it is so ordered. helping State, local, and tribal law enforce- the United States Virgin Islands, American The bill (S. 1605) was considered read ment agencies provide those officers with Samoa, Guam, and the Northern Mariana Is- the third time and passed, as amended, armor vests. lands shall each be allocated 0.25 percent. as follows: SEC. 3. DEFINITIONS. ø(f) MAXIMUM AMOUNT.—A State, together In this Act: with grantees within the State (other than S. 1605 (1) ARMOR VEST.—The term ‘‘armor vest’’ Indian tribes), may not receive more than 5 Be it enacted by the Senate and House of Rep- means body armor that has been tested percent of the total amount appropriated in resentatives of the United States of America in through the voluntary compliance testing each fiscal year for grants under this sec- Congress assembled, program operated by the National Law En- tion.¿ SECTION 1. SHORT TITLE. forcement and Corrections Technology Cen- (f) MAXIMUM AMOUNT.—A qualifying State, This Act may be cited as the ‘‘Bulletproof ter of the National Institute of Justice (NIJ), unit of local government, or Indian tribe may Vest Partnership Act of 1998’’. and found to comply with the requirements not receive more than 5 percent of the total SEC. 2. FINDINGS; PURPOSE. of NIJ Standard 0101.03, or any subsequent amount appropriated in each fiscal year for (a) FINDINGS.—Congress finds that— revision of that standard. grants under this section, except that a State, (1) the number of law enforcement officers (2) BODY ARMOR.—The term ‘‘body armor’’ together with the grantees within the State may who are killed in the line of duty would sig- means any product sold or offered for sale as not receive more than 20 percent of the total nificantly decrease if every law enforcement personal protective body covering intended amount appropriated in each fiscal year for officer in the United States had the protec- to protect against gunfire, stabbing, or other grants under this section. tion of an armor vest while performing their physical harm. (g) MATCHING FUNDS.—The portion of the hazardous duties; (3) DIRECTOR.—The term ‘‘Director’’ means costs of a program provided by a grant under (2) the Federal Bureau of Investigation es- the Director of the Bureau of Justice Assist- this section may not exceed 50 percent, un- timates that more than 30 percent of the al- ance of the Department of Justice. less the Director determines a case of fiscal most 1,182 law enforcement officers killed by March 11, 1998 CONGRESSIONAL RECORD — SENATE S1805 a firearm in the line of duty could have been (2) used for the purchase of armor vests for Mr. LEAHY. Madam President, I am saved if they had been wearing body armor; law enforcement officers in the jurisdiction delighted that the Senate has passed (3) the Federal Bureau of Investigation es- of the grantee. the Bulletproof Vest Partnership Act timates that the risk of fatality to law en- (d) PREFERENTIAL CONSIDERATION.—In forcement officers while not wearing an awarding grants under this section, the Di- of 1998, S. 1605. I thank Senator CAMP- armor vest is 14 times higher than for offi- rector may give preferential consideration, BELL for his leadership on our biparti- cers wearing an armor vest; where feasible, to applications from jurisdic- san legislation which is intended to (4) the Department of Justice estimates tions that— save the lives of law enforcement offi- that approximately 150,000 State, local, and (1) have a violent crime rate at or above cers across the country by helping tribal law enforcement officers, nearly 25 the national average, as determined by the state and local law enforcement agen- percent, are not issued body armor; Federal Bureau of Investigation; and cies provide their officers with body (5) the Executive Committee for Indian (2) have not been providing each law en- armor, this issue. It has been a pleas- Country Law Enforcement Improvements re- forcement officer assigned to patrol or other ports that violent crime in Indian country hazardous duties with body armor. ure working with the senior Senator has risen sharply, despite decreases in the (e) MINIMUM AMOUNT.—Unless all applica- from Colorado to pass this vital legis- national crime rate, and has concluded that tions submitted by any State, unit of local lation in the Senate. I also want to there is a ‘‘public safety crisis in Indian government, or Indian tribe for a grant thank the Chairman of the Senate Ju- country’’; and under this section have been funded, each diciary Committee, Senator HATCH, for (6) many State, local, and tribal law en- State, together with grantees within the his strong support of S. 1605. forcement agencies, especially those in State (other than Indian tribes), shall be al- Far too many police officers are located in each fiscal year under this section smaller communities and rural jurisdictions, needlessly killed each year while serv- need assistance in order to provide body not less than 0.75 percent of the total armor for their officers. amount appropriated in the fiscal year for ing to protect our citizens. According (b) PURPOSE.—The purpose of this Act is to grants pursuant to this section, except that to the Federal Bureau of Investigation, save lives of law enforcement officers by the United States Virgin Islands, American more than 30 percent of the 1,182 offi- helping State, local, and tribal law enforce- Samoa, Guam, and the Northern Mariana Is- cers killed by a firearm in the line of ment agencies provide those officers with lands shall each be allocated 0.25 percent. duty since 1980 could have been saved if armor vests. (f) MAXIMUM AMOUNT.—A qualifying State, they had been wearing body armor. In- unit of local government, or Indian tribe SEC. 3. DEFINITIONS. deed, the FBI estimates that the risk In this Act: may not receive more than 5 percent of the of fatality to officers while not wearing (1) ARMOR VEST.—The term ‘‘armor vest’’ total amount appropriated in each fiscal means body armor that has been tested year for grants under this section, except body armor is 14 times higher than for through the voluntary compliance testing that a State, together with the grantees officers wearing it. program operated by the National Law En- within the State may not receive more than Unfortunately, far too many state forcement and Corrections Technology Cen- 20 percent of the total amount appropriated and local law enforcement agencies ter of the National Institute of Justice (NIJ), in each fiscal year for grants under this sec- cannot afford to provide every officer and found to comply with the requirements tion. (g) MATCHING FUNDS.—The portion of the in their jurisdictions with the protec- of NIJ Standard 0101.03, or any subsequent tion of body armor. In fact, the Depart- revision of that standard. costs of a program provided by a grant under this section may not exceed 50 percent, un- ment of Justice estimates that ap- (2) BODY ARMOR.—The term ‘‘body armor’’ means any product sold or offered for sale as less the Director determines a case of fiscal proximately 150,000 State and local law personal protective body covering intended hardship and waives, wholly or in part, the enforcement officers, nearly 25 percent, to protect against gunfire, stabbing, or other requirement under this subsection of a non- are not issued body armor. physical harm. Federal contribution to the costs of a pro- In countless incidents across the gram. (3) DIRECTOR.—The term ‘‘Director’’ means country everyday officers sworn to pro- (h) ALLOCATION OF FUNDS.—Not less than 50 the Director of the Bureau of Justice Assist- percent of the funds awarded under this sec- tect the public and enforce the law are ance of the Department of Justice. tion in each fiscal year shall be allocated to in danger. Last year, an horrific inci- (4) INDIAN TRIBE.—The term ‘‘Indian tribe’’ units of local government, or Indian tribes, dent along the Vermont and New has the same meaning as in section 4(e) of having jurisdiction over areas with popu- Hampshire border underscores the need the Indian Self-Determination and Edu- lations of 100,000 or less. cation Assistance Act (25 U.S.C. 450b(e)). for the quick passage of this legislation (i) REIMBURSEMENT.—Grants under this (5) LAW ENFORCEMENT OFFICER.—The term to provide maximum protection to section may be used to reimburse law en- those who protect us. On August 19, ‘‘law enforcement officer’’ means any officer, forcement officers who have previously pur- agent, or employee of a State, unit of local chased body armor with personal funds dur- 1997, Federal, State and local law en- government, or Indian tribe authorized by ing a period in which body armor was not forcement authorities in Vermont and law or by a government agency to engage in provided by the State, unit of local govern- New Hampshire had cornered Carl or supervise the prevention, detection, or in- ment, or Indian tribe. Drega, after hours of hot pursuit. He vestigation of any violation of criminal law, SEC. 5. APPLICATIONS. had shot to death two New Hampshire or authorized by law to supervise sentenced Not later than 90 days after the date of en- state troopers and two other victims criminal offenders. actment of this Act, the Director shall pro- (6) STATE.—The term ‘‘State’’ means each earlier in the day. In a massive ex- mulgate regulations to carry out this Act, change of gunfire with the authorities, of the several States of the United States, which shall set forth the information that the District of Columbia, the Commonwealth must be included in each application under Drega was killed. of Puerto Rico, the Virgin Islands, Guam, section 4(b) and the requirements that During that shootout, all federal law American Samoa, and the Commonwealth of States, units of local government, and Indian enforcement officers wore bulletproof the Northern Mariana Islands. tribes must meet in order to receive a grant vests, while some state and local offi- (7) UNIT OF LOCAL GOVERNMENT.—The term under section 4. cers did not. For example, Federal Bor- ‘‘unit of local government’’ means a county, SEC. 6. PROHIBITION OF PRISON INMATE LABOR. municipality, town, township, village, par- der Patrol Officer John Pfeifer, a Ver- Any State, unit of local government, or In- ish, borough, or other unit of general govern- monter, was seriously wounded in the dian tribe that receives financial assistance ment below the State level. incident. I am glad that Officer Pfeifer provided using funds appropriated or other- is back on the job after being hospital- SEC. 4. PROGRAM AUTHORIZED. wise made available by this Act may not (a) GRANT AUTHORIZATION.—The Director purchase equipment or products manufac- ized in serious condition. Had it not may make grants to States, units of local tured using prison inmate labor. been for his bulletproof vest, I fear that government, and Indian tribes in accordance he and his family might well have paid with this Act to purchase armor vests for use SEC. 7. SENSE OF CONGRESS. In the case of any equipment or product the ultimate price. by State, local, and tribal law enforcement The two New Hampshire state troop- officers. authorized to be purchased with financial as- (b) APPLICATIONS.—Each State, unit of sistance provided using funds appropriated ers who were killed by Carl Drega were local government, or Indian tribe seeking to or otherwise made available under this Act, not so lucky. We all grieve for them receive a grant under this section shall sub- it is the sense of Congress that entities re- and our hearts go out to their families. mit to the Director an application, in such ceiving the assistance should, in expending They were not wearing bulletproof form and containing such information as the the assistance, purchase only American- made equipment and products. vests. Protective vests might not have Director may reasonably require. been able to save the lives of those cou- (c) USES OF FUNDS.—Grant awards under SEC. 8. AUTHORIZATION FOR APPROPRIATIONS. this section shall be— There is authorized to be appropriated rageous officers because of the high- (1) distributed directly to the State, unit of $25,000,000 for each of fiscal years 1999 powered assault weapons, but the trag- local government, or Indian tribe; and through 2003 to carry out this Act. edy underscore the point that all of our S1806 CONGRESSIONAL RECORD — SENATE March 11, 1998 law enforcement officers, whether fed- from across the country. Mr. President, ganizations (NAPO), representing more than eral, state or local, deserve the best I ask for unaminous consent to have 4,000 police unions and associations and more protection we can provide, including printed in the RECORD letters of sup- than 220,000 rank and file law enforcement bulletproof vests. port for S. 1605 from all these national officers enthusiastically and wholeheartedly With that and lesser-known incidents supports S. 1605, the ‘‘Bulletproof Vest Part- law enforcement organizations and the nership Act of 1998.’’ I would like to take this as constant reminders, I will continue attorneys general. opportunity to thank you for your efforts in to do all I can to help prevent loss of FRATERNAL ORDER OF POLICE, scheduling the markup of S. 1605, for Thurs- life among our law enforcement offi- NATIONAL LEGISLATIVE PROGRAM, day, February 26, 1998 at 10:30 am. cers. Washington, DC, January 14, 1998. As you know, far too many law enforce- The Bulletproof Vest Partnership Act Hon. PATRICK J. LEAHY, ment officers patrol our streets and neigh- of 1998 will help by creating a new part- Ranking Member, Senate Committee on the Ju- borhoods without proper protective gear diciary, Washington, DC. against violent criminals. Today, more than nership between the federal govern- DEAR SENATOR LEAHY, I am writing to you ever, violent criminals have bulletproof ment and state and local law enforce- on behalf of the more than 270,000 members vests and deadly weapons at their disposal. of the Fraternal Order of Police to offer our ment agencies to help save the lives of We cannot allow criminals to have the upper strong support of legislation you plan to in- police officers by providing the re- hand. This legislation is a necessary step in troduce in order to establish a grant pro- sources for each and every law enforce- adequately protecting law enforcement offi- gram to assist local law enforcement agen- ment officer in harm’s way to have a cers, who put their lives on the line every cies in purchasing body armor for their offi- day to serve our communities. This is why bulletproof vest. Our bipartisan bill cers. would create a $25 million matching This legislation will greatly increase the NAPO supports your effort to help state and grant program within the Department number of officers wearing body armor—and local law enforcement departments provide of Justice dedicated to helping State it will save more lives. At the May 15, 1997 officers with bulletproof vests. and local law enforcement agencies Peace Officers’ Memorial Day, the F.O.P. Again, thank you for addressing S. 1605, honored the memories of one hundred and which is a legislative priority for NAPO. I purchase body armor. appreciate your hard work and commitment In my home State of Vermont, our seventeen officers who were killed in the line of duty in 1996. This year we have already to the law enforcement community and if we bill enjoys the strong support of the lost one hundred and sixty from our ranks. can be of any assistance please contact my Vermont State Police, the Vermont While we know that there is no way to end office at (202) 842–4420. Police Chiefs Association and many the deadly risks inherent to a career in law Sincerely, Vermont sheriffs, troopers, game war- enforcement, we must do everything possible ROBERT SCULLY, dens and other local and state law en- to ensure that officers who put their lives on Executive Director. forcement officials. In January, I was the line every day also put on a vest. Body honored to be joined by Vermont At- armor is one of the most important pieces of POLICE EXECUTIVE RESEARCH FORUM, equipment an officer can have and often Washington, DC, February 20, 1998. torney General William Sorrell, Ver- means the difference between life and death. Hon. PATRICK LEAHY, mont Commissioner of Public Safety Hopefully, the bill you plan to introduce will Senate Committee on the Judiciary, Washing- James Walton, Vermont State Police increase the quality and number of armored ton, DC. Director John Sinclair, Vermont Fish vests available to America’s law enforce- DEAR SENATOR LEAHY: I am writing to you and Wildlife Lieutenant Robert Rooks, ment officers. on behalf of the Police Executive Research South Burlington Police Chief Lee On behalf of the Fraternal Officer of Po- Forum (PERF) to offer our strong support Graham, South Burlington Vermont lice, I commend you for your leadership on for S. 1605, the Bulletproof Vest Partnership this important issue and forward to working Officer Diane Reynolds as we spoke Grant Act of 1997. This important piece of with you once it has been introduced. If I can legislation would establish a grant program about state and local law enforcement be of assistance, please contact me or Execu- to assist local law enforcement agencies in officers’ need for body armor. tive Director Jim Pasco in my Washington purchasing body armor for their officers. Since my time as a State prosecutor, office, (202) 547–8189. PERF, a nonprofit organization of progres- I have always taken a keen interest in Sincerely, sive police professionals who serve more law enforcement in Vermont and GILBERT G. GALLEGOS, than 40 percent of the nation’s population, is around the country. Vermont has the National President. firmly committed to helping police obtain reputation of being one of the safest equipment necessary to ensure their safety INTERNATIONAL UNION OF as they protect the community. Between 1985 states in which to live, work and visit, POLICE ASSOCIATIONS, and rightly so. In no small part, this is and 1994, more than 2000 police officers had February 13, 1998. their lives saved by bulletproof vests. This due to the hard work of those who have Hon. PATRICK J. LEAHY, bill would greatly increase the numbers of sworn to serve and protect us. And we Russell Building, Washington, DC. officers wearing bulletproof vests and will should do what we can to protect them, DEAR SENATOR LEAHY: On behalf of the Ex- ultimately save more lives. when a need like this one comes to our ecutive Committee and the 80,000 rank and PERF commends you for your commit- file law enforcement officers of the Inter- ment to officer safety and your leadership on attention. national Union of Police Associations, AFL– this important issue. If we can be of any as- Our Nation’s law enforcement offi- CIO, we are proud to endorse and support the sistance in the future, please feel free to con- cers put their lives at risk in the line ‘‘Bulletproof Vest Partnership Grant Act of tact me or Martha Plotkin at (202) 466–7820. of duty everyday. No one knows when 1998’’ as introduced in the Senate by yourself Sincerely, danger will appear. Unfortunately, in and Senator Campbell. Law enforcement officers who put their CHUCK WEXLER, today’s violent world, even a traffic Executive Director. stop may not necessarily be ‘‘routine.’’ lives on the line everyday deserve state of the art body armor and because of your com- In fact, the National Association of mitment to law enforcement, officers will INTERNATIONAL BROTHERHOOD OF Chiefs of Police just reported that 21 have the protection that could mean the dif- POLICE OFFICERS, police officers were killed in the line of ference between life and death. Alexandria, VA, February 10, 1998. duty last month, nearly double the toll We commend you for your support and leg- Hon. PATRICK LEAHY, for the month of January in both 1997 islation and we pledge our continued assist- United States Senate, Washington, DC. and 1996. More than ever, each and ance toward the enactment of the ‘‘Bullet- DEAR SENATOR LEAHY: The International Brotherhood of Police Officers (IBPO) is an every law enforcement officer across proof Vest Partnership Act of 1998.’’ Thank you. affiliate of the Service Employees Inter- the nation deserves the protection of a Sincerely, national Union. The IBPO represents over bulletproof vest. ARTHUR J. REDDY, 50,000 police officers at the federal, state, and Our bipartisan legislation enjoys the Legislative Liaison, local level, including IBPO Local 506, strong support of numerous nation law International Vice President. Brattleboro, Vermont. enforcement organizations including On behalf of the entire membership of the the Fraternal Order of Police, Police NATIONAL ASSOCIATION OF POLICE IBPO I wish to thank you for your sponsor- Executive Research Forum, Inter- ORGANIZATIONS, INC., ship of S. 1605, ‘‘The Bulletproof Vest Part- national Union of Police Associations, Washington, DC, February 25, 1998. nership Act of 1998.’’ This life saving legisla- tion will provide protection to police officers National Association of Police Organi- Hon. PATRICK J. LEAHY, Ranking Minority Member, Senate Judiciary across the country. zations and International Brotherhood Committee, Washington, DC. In the past few months alone, the IBPO of Police Officers. The bill also enjoys DEAR SENATOR LEAHY: Please be advised family has dealt with the tragic deaths of po- the support of 38 attorneys general that the National Association of Police Or- lice officers in Boise, Idaho and Atlanta, who March 11, 1998 CONGRESSIONAL RECORD — SENATE S1807 lost their lives in the line of duty. Every po- Richard P. Ieyoub, Attorney General of resolution at the desk. I ask for its lice officer who takes a call knows the dan- Louisiana. consideration. gers facing them. That is why this legisla- Andrew Ketterer, Attorney General of The PRESIDING OFFICER. The tion is so crucial. Maine. clerk will report. The number of police officers who do not J. Joseph Curran, Jr., Attorney General of have access to bulletproof vests is astound- Maryland. The legislative clerk read as follows: ing. Almost 150,000 law enforcement officers Scott Harshbarger, Attorney General of The Senator from Rhode Island [Mr. do not have the ability to fully protect Massachusetts. CHAFEE], for Mr. ROTH, proposes an amend- themselves. Simply put, passage of this leg- Hubert H. Humphrey III, Attorney General ment numbered 1980. islation will save lives. of Minnesota. Mr. CHAFEE. Madam President, I The entire membership of the IBPO looks Mike Moore, Attorney General of Mis- ask unanimous consent that the read- forward to working with you on this impor- sissippi. ing of the amendment be dispensed tant issue. If you have any questions, please Joseph P. Mazurek, Attorney General of Montana. with. feel free to contact me. The PRESIDING OFFICER. Without Sincerely, Frankie Sue Del Papa, Attorney General of KENNETH T. LYONS, Nevada. objection, it is so ordered. National President. Philip McLaughlin, Attorney General of The amendment is as follows: New Hampshire. On page 2, strike lines 2 through 7 and in- STATE OF VERMONT OFFICE OF THE Peter Vemlero, Attorney General of New sert the following: ATTORNEY GENERAL, Jersey. ‘‘(1) the United States should enhance the February 26, 1998. Dennis C. Vacco, Attorney General of New close political and security relationship be- York. Hon. ORRIN G. HATCH, tween Thailand and the United States and Heidi Heitkamp, Attorney General of Hon. PATRICK J. LEAHY, strengthen economic ties and cooperation North Dakota. Senate Committee on the Judiciary. with Thailand to ensure that Thailand’s eco- Betty D. Montgomery, Attorney General of Hon. BEN NIGHTHORSE CAMPBELL, nomic recovery continues uninterrupted; Ohio. U.S. Senate, Washington, DC. and’’. Drew Edmondson, Attorney General of Re: Bulletproof Vest Partnership Act of 1998 Oklahoma. Mr. CHAFEE. Madam President, I (S. 1605) Hardy Myers, Attorney General of Oregon. ask unanimous consent that the DEAR SENATORS CAMPBELL, HATCH AND Mike Fisher, Attorney General of Pennsyl- amendment be agreed to. LEAHY: As state attorneys general, we are vania. The PRESIDING OFFICER. Without writing to express our wholehearted support Jose A. Fuentes, Attorney General of Puer- objection, it is so ordered. for Senate Bill No. 1605, the Bulletproof Vest to Rico. Partnership Act of 1998. In our view, this bill The amendment (No. 1980) was agreed Jeffrey B. Pine, Attorney General of Rhode to. will be an invaluable tool in helping to pro- Island. tect law enforcement officers throughout the Charles Molony Condon, Attorney General Mr. CHAFEE. I ask unanimous con- country who risk their lives daily while serv- of South Carolina. sent that the resolution be agreed to, ing their communities. This bill would pro- Mark Barnett, Attorney General of South as amended. vide much needed matching grants to state, Dakota. The PRESIDING OFFICER. Without local and tribal law enforcement agencies to Jan Graham, Attorney General of Utah. objection, it is so ordered. be used to purchase armor vests for their of- Mark L. Earley, Attorney General of Vir- The resolution (S. Res. 174), as ficers. We were particularly pleased to note ginia. amended, was agreed to. the provision for waivers of the grantee’s Christine O. Gregoire, Attorney General of matching contribution in the event of a fis- Washington. AMENDMENT NO. 1981 cal hardship by a particular law enforcement Darrell V. McGraw, Jr., Attorney General (Purpose: To amend the preamble) agency. of West Virginia. Mr. CHAFEE. Madam President, I As you are all too aware, state, local and There being no objection, the mate- understand there is an amendment at tribal law enforcement officers often find rial was ordered to be printed in the the desk to the preamble. themselves in deadly confrontations with The PRESIDING OFFICER. The highly armed and dangerous criminals. The RECORD, as follows: clerk will report. statistics cited in your bill make it impera- Mr. LEAHY. I urge the House of Rep- The legislative clerk read as follows: tive that every officer in the country have resentatives to support this bipartisan ready access to body armor when it is need- legislation and urge its quick passage The Senator from Rhode Island [Mr. CHAFEE], for Mr. ROTH, proposes an amend- ed. Your bill will assure that all police de- into law. partments will have the resources to equip ment numbered 1981 to the preamble to S. officers with body armor as standard equip- f Res. 174. ment. The bill will also allow reimbursement RELATING TO THE RELATIONSHIP Mr. CHAFEE. I ask unanimous con- to those officers who have had to purchase BETWEEN THE UNITED STATES sent that the reading of the amend- body armor at their own personal expense. AND THAILAND ment be dispensed with. This bill will enable more officers to wear The PRESIDING OFFICER. Without armor when they need it. It will definitely Mr. CHAFEE. Madam President, I objection, it is so ordered. save lives. We appreciate your support for ask unanimous consent that the Sen- The amendment is as follows: this bill and urge passage of this important ate proceed to the immediate consider- legislation. In the preamble, strike ‘‘and’’ at the end of ation of calendar No. 319, S. Res. 174. the sixth ‘‘Whereas’’ clause. Sincerely, The PRESIDING OFFICER. The William H. Sorrell, Attorney General of In the preamble, strike the colon at the Vermont. clerk will report. end of the seventh ‘‘Whereas’’ clause and in- Gale Norton, Attorney General of Colo- The legislative clerk read as follows: sert ‘‘; and’’. rado. A resolution (S. Res. 174) to state the sense In the preamble, insert after the seventh Bill Pryor, Attorney General of Alabama. of the Senate that Thailand is a key partner ‘‘Whereas’’ clause the following: Bruce M. Botelho, Attorney General of and friend of the United States, has commit- ‘‘Whereas Thailand’s democratic reforms Alaska. ted itself to executing its responsibilities have advanced with that country’s economic Grant Woods, Attorney General of Arizona. under its arrangements with the Inter- growth and development:’’. Daniel E. Lungren, Attorney General of national Monetary Fund, and that the Mr. CHAFEE. I ask unanimous con- California. United States should be prepared to take ap- sent that the amendment be agreed to. M. Jane Brady, Attorney General of Dela- propriate steps to ensure continued close bi- The PRESIDING OFFICER. Without ware. lateral relations. Robert A. Butterworth, Attorney General objection, it is so ordered. of Florida. The PRESIDING OFFICER. Is there The amendment (No. 1981) was agreed Gus S. Diaz, Attorney General of Guam. objection to the immediate consider- to. Margery S. Bronster, Attorney General of ation of the resolution? Mr. CHAFEE. Madam President, I Hawaii. There being no objection, the Senate ask unanimous consent that the pre- Alan G. Lance, Attorney General of Idaho. proceeded to consider the resolution. amble, as amended, be agreed to; that James E. Ryan, Attorney General of Illi- AMENDMENT NO. 1980 the motions to reconsider the above ac- nois. Jeffrey A. Modisett, Attorney General of (Purpose: Relating to the relationship tions be laid upon the table; and, fi- Indiana. between the United States and Thailand) nally, that any statements regarding Albert B. Chandler III, Attorney General of Mr. CHAFEE. Madam President, Sen- this legislation appear at the appro- Kentucky. ator ROTH has an amendment to the priate place in the RECORD. S1808 CONGRESSIONAL RECORD — SENATE March 11, 1998 The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without Mr. FORD. Madam President, would objection, it is so ordered. objection, it is so ordered. the distinguished Senator yield for a The preamble, as amended, was The nominations considered and con- question? agreed to. firmed en bloc are as follows: Mr. CHAFEE. Yes. The resolution, as amended, with its THE JUDICIARY Mr. FORD. Members have until the preamble, as amended, was agreed to, Hilda G. Tagle, of Texas, to be United hour of 10 a.m. to file first-agree as follows: States District Judge for the Southern Dis- amendments to S. 1173. Is that in addi- [The resolution was not available for trict of Texas. tion to the amendments that are al- printing. It will appear in a future edi- Sam A. Lindsay, of Texas, to be United ready filed correctly, and this gets tion of the RECORD.] States District Judge for the Northern Dis- around the hour in advance? Mr. ROTH. Madam President, I thank trict of Texas. The PRESIDING OFFICER. The Sen- my colleagues for unanimously adopt- Judith M. Barzilay, of New Jersey, to be a ator’s understanding is correct. Judge of the United States Court of Inter- ing this resolution. I believe this vote national Trade. Mr. FORD. So the second-degree of 100 to 0 lets Thailand and the Thai Delissa A. Ridgway, of the District of Co- amendments can still be offered? people know the heartfelt sentiments lumbia, to be a Judge of the United States The PRESIDING OFFICER. By pre- of the Senate and the American people Court of International Trade. vious agreement, second-degree amend- toward bilateral friendship and part- f ments are allowed for 24 hours. nership. It also makes clear our rec- Mr. FORD. I wanted to be sure about ognition of the strides Bangkok has LEGISLATIVE SESSION that so there would not be any confu- been making in executing its respon- The PRESIDING OFFICER. Under sion. I thank the leadership for accom- sibilities under its arrangements with the previous order, the Senate will now modating those so we would not have the International Monetary Fund. Only return to legislative session. to file those tonight and so we could last week, for example, Thailand deep- f prepare those overnight and file them ened its commitment to economic re- at 10 o’clock in the morning. I am form by pledging to speed up ORDERS FOR THURSDAY, MARCH grateful for that accommodation. privatizations and the reorganization 12, 1998 I thank the chairman and I thank the of its banking system. Mr. CHAFEE. Madam President, I Chair. This week the new Prime Minister of ask unanimous consent that when the Mr. CHAFEE addressed the Chair. Thailand, Chuan Leekpai, will visit the Senate completes its business today, it The PRESIDING OFFICER. The Sen- United States. Many of us will have the stand in adjournment until 9:30 a.m. on ator from Rhode Island. chance to meet him when he comes to Thursday, March 12, 1998, and that im- Mr. CHAFEE. I hope everybody does visit Capitol Hill. While Prime Min- mediately following the prayer, the not feel—— ister Chuan faces many challenges in routine requests through the morning Mr. FORD. Compelled. the coming months and years, I hope hour be granted and the Senate begin a Mr. CHAFEE. The requirement that and trust the support for Thailand that period for the transaction of morning they file an amendment. We have dealt he will find in this country will help business until the hour of 10:30 a.m. with some 200 amendments. That, it him in overcoming those challenges. with Senators permitted to speak for seems to me, pretty well covers the As I have said before, I believe that up to 5 minutes each, with the follow- field. So I would not have hurt feelings all of us in this Chamber—and Ameri- ing exceptions: Senator DORGAN, 15 if there were no amendments filed by 10 cans all across this land—are great ad- minutes; Senator LEAHY, 15 minutes. a.m. tomorrow. mirers of Thailand and Thai culture. I The PRESIDING OFFICER. Without Mr. FORD. Well, the Senator knows remain optimistic about Thailand’s fu- objection, it is so ordered. that, given overnight, there is a lot of ture. Given the Thai people’s energy Mr. CHAFEE. Madam President, I thought going into what they might and initiative, the country’s remark- also ask unanimous consent that at file tomorrow, and to accommodate able history, and its record of economic 10:30 a.m. the Senate resume consider- your colleagues, it may have gotten success, I look forward to seeing Thai- ation of S. 1173, the highway bill, and you in a little more trouble than you land’s return to prosperity in the not- immediately proceed to a vote on or in wanted. So I throw that in. I believe too-distant future. relation to the McCain amendment No. the Senator will be surprised at the Mr. CHAFEE. I suggest the absence 1726 regarding demonstration projects. small number of amendments that are of a quorum. The PRESIDING OFFICER. Without filed by 10 o’clock tomorrow. The PRESIDING OFFICER. The objection, it is so ordered. Mr. CHAFEE. I will be happy to be clerk will call the roll. Mr. CHAFEE. Madam President, I surprised. The assistant legislative clerk pro- further ask unanimous consent that So that completes our business. I do ceeded to call the roll. Members have until the hour of 10 a.m. want to say to those who will be listen- Mr. CHAFEE. Madam President, I to file first-degree amendments to S. ing, I really believe we can finish this ask unanimous consent that the order 1173. bill rather quickly tomorrow, if people for the quorum call be rescinded. The PRESIDING OFFICER. Without restrain themselves on further amend- The PRESIDING OFFICER. Without objection, it is so ordered. ments. We have some here, and we objection, it is so ordered. worked out some. It seems to me we f f have had a pretty good—we have been on this bill now I think for something EXECUTIVE SESSION PROGRAM close to 21⁄2 weeks, and everything is Mr. CHAFEE. Tomorrow, the Senate, pretty well taken care of. I hope Mem- Madam President, will be in a period of bers will show great restraint. EXECUTIVE CALENDAR morning business from 9:30 a.m. to 10:30 Mr. CHAFEE. Madam President, I a.m. At 10:30 a.m., by a previous order, f ask unanimous consent that the Sen- the Senate will proceed to a rollcall ate proceed to executive session to con- vote on the McCain amendment to S. sider the following nominations on the 1173, the so-called ISTEA II legislation. ADJOURNMENT UNTIL 9:30 A.M. Executive Calendar: Nos. 528, 531, 532 Following that vote, the Senate will TOMORROW and 533. attempt to complete action on the bill. Mr. CHAFEE. Madam President, if I further ask unanimous consent that In addition, the Senate may begin there is no further business to come be- the nominations be confirmed, the mo- the consideration of S. 414, the inter- fore the Senate, I now ask unanimous tions to reconsider be laid upon the national shipping bill, and H.R. 2646, consent that the Senate stand in ad- table, the President be immediately the A-plus education bill. Therefore, journment under the previous order. notified of the Senate’s action, and the Members should anticipate a busy vot- There being no objection, the Senate, Senate then return to legislative ses- ing day with votes occurring into the at 6:48 p.m., adjourned until Thursday, sion. early evening. March 12, 1998, at 9:30 a.m. March 11, 1998 CONGRESSIONAL RECORD — SENATE S1809 NOMINATIONS EXPIRING DECEMBER 6, 2001, VICE FAY S. HOWELL, TERM JUDITH M. BARZILAY, OF NEW JERSEY, TO BE A JUDGE EXPIRED. OF THE UNITED STATES COURT OF INTERNATIONAL TRADE. Executive nominations received by DEPARTMENT OF JUSTICE DELISSA A. RIDGWAY, OF THE DISTRICT OF COLUMBIA, the Senate March 11, 1998: STEPHEN C. ROBINSON, OF CONNECTICUT, TO BE TO BE A JUDGE OF THE UNITED STATES COURT OF UNITED STATES ATTORNEY FOR THE DISTRICT OF CON- INTERNATIONAL TRADE. CORPORATION FOR NATIONAL AND COMMUNITY NECTICUT FOR THE TERM OF FOUR YEARS VICE CHRIS- SERVICE TOPHER DRONEY, RESIGNED. f THOMAS EHRLICH, OF CALIFORNIA, TO BE A MEMBER f OF THE BOARD OF DIRECTORS OF THE CORPORATION WITHDRAWAL FOR NATIONAL AND COMMUNITY SERVICE FOR A TERM CONFIRMATIONS OF FIVE YEARS. (REAPPOINTMENT) Executive message transmitted by DOROTHY A. JOHNSON, OF MICHIGAN, TO BE A MEMBER Executive Nominations Confirmed by the President to the Senate on March OF THE BOARD OF DIRECTORS OF THE CORPORATION FOR NATIONAL AND COMMUNITY SERVICE FOR A TERM the Senate March 11, 1998: 11, 1998, withdrawing from further Sen- OF FIVE YEARS, VICE WALTER H. SHORENSTEIN, TERM THE JUDICIARY ate consideration the following nomi- EXPIRED. HILDA G. TAGLE, OF TEXAS, TO BE UNITED STATES nation: NATIONAL FOUNDATION ON THE ARTS AND THE DISTRICT JUDGE FOR THE SOUTHERN DISTRICT OF DEPARTMENT OF LABOR HUMANITIES TEXAS. SAM A. LINDSAY, OF TEXAS, TO BE UNITED STATES IDA L. CASTRO, OF NEW YORK, TO BE DIRECTOR OF THE ALICE RAE YELEN, OF LOUISIANA, TO BE A MEMBER OF DISTRICT JUDGE FOR THE NORTHERN DISTRICT OF WOMEN’S BUREAU, DEPARTMENT OF LABOR, WHICH WAS THE NATIONAL MUSEUM SERVICES BOARD FOR A TERM TEXAS. SENT TO THE SENATE ON OCTOBER 9, 1997.