March 12, 1998 CONGRESSIONAL RECORD Ð SENATE S1821 are they holding down? With 0.4% unemploy- tion projects undermines the rationale the highest priority for their locality. ment in this field, and record-low unemploy- supporting the use of these formulas. It should be up to cities, counties, and ment in the broader U.S. economy, where are Moreover, this practice literally de- the state Departments of Transpor- the out-of-work Americans displaced by for- prives states of the funding which tation to prioritize what projects need eign talent? immediate attention in their stateÐ America's loss is our foreign competition's would otherwise be available for states' gain. Our need for engineers has driven us to highway priorities as established by not the federal government. Too often start R&D centers anywhere we can find en- state and local transportation plan- under the current system, a state has gineersÐcurrently, in England, Ireland and ners. to put aside its own priorities because India. We're forced offshore to fill the jobs While I believe this is a wasteful it must use its own limited funds to that we cannot fill hereÐa fine way to ``pro- practice, history has shown there is lit- provide matching funds for the large tect'' American jobs. tle chance of its outright elimination. federally designated construction Legal immigrants currently constitute Beginning in 1982 when $362 million was projects, or risk losing federal funding. 8.5% of the U.S. population, well below the set-aside for 10 such earmarks, the in- This ``Washington knows best'' ap- 13%-plus levels maintained from 1860 to 1939. proach to transportation planning Immigrants add less than 0.4% to the popu- clusion of such earmarks has continued lation yearly. If this administration ignores to grow as illustrated in the 1991 trans- needs to end. Silicon Valley's need for 25,000 to 35,000 more portation bill, ISTEA, where over $6 Finally, I support this amendment immigrant engineersÐa mere 3% or so of the billion was provided for 538 location because it would end a system that dis- million-plus yearly legal immigrantsÐthe specific projects. advantages the infrastructure needs of only result will be to drive high-tech hiring While the Senate's Environment and a majority of states to the benefit of a offshore. And it will have added the H1±B Public Works Committee has shown few. In order to maintain a strong, visa issueÐalong with litigation reform, great restraint in this area, it is well truly national infrastructure system, encryption export and Internet regulationÐ we must give every state the tools and to its list of Silicon Valley snubs. understood that the House of Rep- resentatives has been unable to curtail funding its needs to maintain its share Raising quotas by only 3%, specifically to of the system. Ending a system that bring in critical engineers and scientists, this practice. In fact, the House is fully would be an obvious benefit to all Ameri- expected to come forward this year gives a few states an inordinate cans. Why are we sending the first-round with billions of dollars in transpor- amount of construction dollars is one draft choices of the high-tech world to play tation earmarks. step in the right direction toward that on other country's teams? Accordingly, the amendment offered goal. I applaud the Senator from Arizona f by Senator MCCAIN does the next best for proposing this approach to increase CONCLUSION OF MORNING thing. It requires that any highway demonstration projects come from fiscal responsibility in transportation BUSINESS spending and to empower the commu- within a state's total funding and not nities in which the infrastructure lies. The PRESIDING OFFICER. Morning at the expense of funding otherwise I urge my colleagues to support its pas- business is now closed. available to all other states. f For all my colleagues who have ar- sage. The PRESIDING OFFICER. The gued in favor of the formulas contained INTERMODAL SURFACE TRANS- question now is on agreeing to amend- in the bill and the rationale behind PORTATION EFFICIENCY ACT OF ment No. 1726 offered by Senator them, support of this provision remains 1997 MCCAIN. The yeas and nays have been consistent with that position. And, for The PRESIDING OFFICER. Under offered. The clerk will call the roll. those of my colleagues who are not as The assistant legislative clerk called the previous order, the Senate will now enthusiastic over the distribution of return to the consideration of S. 1173, the roll. highway dollars in the underlying leg- The result was announcedÐyeas 78, which the clerk will report. islation, this provision will ensure that nays 22, as follows: The assistant legislative clerk read your states prospective return on their [Rollcall Vote No. 29 Leg.] as follows: transportation dollar will not be erod- YEASÐ78 A bill (S. 1173) to authorize funds for con- ed any further. struction of highways, for highway safety Abraham Dorgan Lieberman I look forward to the overwhelming Akaka Enzi Lott programs, and for mass transit programs, support of my colleagues on this com- Allard Faircloth Lugar and for other purposes. mon sense amendment, and I thank Ashcroft Feingold Mack Baucus Frist McCain The Senate resumed consideration of C AIN Senator M C for his excellent work Bennett Glenn McConnell the bill, with a modified committee in crafting this provision. Biden Gorton Moseley-Braun amendment in the nature of a sub- Mr. BROWNBACK. Mr. President, I Bingaman Graham Moynihan stitute (Amendment No. 1676). rise today in strong support of the Bond Gramm Murkowski Pending: Breaux Grams Murray McCain amendment to require that Brownback Grassley Nickles McCain Amendment No. 1726 (to Amend- demonstration projects be funded from Bumpers Gregg Reed ment No. 1676), to provide that demonstra- each state's allocation and be subject Burns Hagel Robb tion projects shall be subject to any limita- to annual limitation. Chafee Hatch Roberts Cleland Helms Rockefeller tion on obligations established by law that The current system for designating applies in Federal-aid highways and highway Coats Hutchinson Roth large construction projects advantages Cochran Hutchison Sessions safety construction programs. a few states over the majority. It Collins Inhofe Smith (NH) AMENDMENT 1726 Conrad Inouye Smith (OR) prioritizes construction needs based Coverdell Johnson Snowe Mr. MACK. Mr. President, it is time more on political seniority that it does Craig Kempthorne Stevens we end the practice of earmarking an impartial evaluation of transpor- D'Amato Kerrey Thomas highway projects. This practice contin- tation needs. It creates pressure for Daschle Kohl Thompson DeWine Kyl Thurmond ues to disadvantage my state, and most Members of Congress to engage in Dodd Landrieu Warner others. Commonly referred to as dem- porkbarrel spending rather than to Domenici Levin Wyden onstration projects, these earmarked concentrate on prudent national pol- NAYSÐ22 dollars literally come off the top of the icy. I believe the McCain amendment Boxer Hollings Santorum transportation funding available under would help move us away from this Bryan Jeffords Sarbanes this legislation. system because it would not give states Byrd Kennedy Shelby The rationale behind apportionment or members an incentive to seek out Campbell Kerry Specter Durbin Lautenberg Torricelli formulas and funding allocations is demonstration or critical needs Feinstein Leahy Wellstone that these transportation funds are dis- projects, as securing these projects Ford Mikulski tributed according to state's needs. would not increase the amount of fed- Harkin Reid Notwithstanding disagreements over eral funds flowing to a state. The amendment (No. 1726) was agreed whether these distributions accurately I further support the McCain amend- to. reflect a state's transportation needs, ment because it gives states greater Mr. CHAFEE. Mr. President, I move the practice of authorizing demonstra- say in determining what projects have to reconsider the vote. S1822 CONGRESSIONAL RECORD Ð SENATE March 12, 1998 Mr. FORD. I move to lay it on the (C) the prevalence and use ofÐ ``(1) to determine the safety benefits and table. (i) incentives to utility companies for administrative efficiency of implementing a The motion to lay the amendment on early completion of utility relocations on Federal permit program for high risk hazard- the table was agreed to. Federal-aid transportation project sites; and ous material and hazardous waste carriers; (ii) penalties assessed on utility companies ``(2) to identify and evaluate alternative AMENDMENT NO. 1998 TO AMENDMENT NO. 1676 for utility relocation delays on such regulatory methods and procedures that may Mr. CHAFEE. Mr. President, on be- projects; improve the safety of high risk hazardous half of Senator D'AMATO and Senator (D) the extent to which States have used material and hazardous waste carriers and SARBANES, I send to the desk an available technologies, such as subsurface shippers, including evaluating whether an amendment to the transit title. utility engineering, early in the design of annual safety fitness determination that is Federal-aid highway and bridge projects so The PRESIDING OFFICER (Mr. ROB- linked to permit renewals for hazardous ma- as to eliminate or reduce the need for or terial and hazardous waste carriers is war- ERTS). The clerk will report. delays due to utility relocations; and ranted; The legislative clerk read as follows: (E)(i) whether individual States com- ``(3) to examine the safety benefits of in- The Senator from Rhode Island [Mr. pensate transportation contractors for busi- creased monitoring of high risk hazardous CHAFEE], for Mr. D'AMATO and Mr. SAR- ness costs incurred by the contractors when material and hazardous waste carriers, and BANES, proposes an amendment numbered Federal-aid highway and bridge projects the costs, benefits, and procedures of exist- 1998 to No. 1676. under contract to the contractors are de- ing State permit programs; Mr.