[Congressional Record Volume 141, Number 103 (Thursday, June 22, 1995)]
[Senate]
[Pages S8850-S8854]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                NATIONAL HIGHWAY SYSTEM DESIGNATION ACT

  The Senate continued with the consideration of the bill.
  Mr. DOLE. Mr. President, first I want to remind my colleagues the two 
managers are here on the highway bill and have been here since 9:30 and 
would very much like to complete action on this bill by noon today 
because at noon we have 2 hours of debate on the Foster nomination and 
then another vote. And then hopefully after that we would go to 
securities litigation legislation.
  I have just talked with Virginia Senator, Senator Warner. Maybe many 
of these amendments will never be called up, but it will be helpful if 
our colleagues on either side will let the managers know. If we are not 
going to call up the amendments or if you have an amendment, it would 
certainly be better to offer it at 10:30 in the morning rather than 
10:30 tonight. The reason we are here every night until 10 o'clock, 11 
o'clock, is because people will not cooperate during the daytime. They 
are the same ones who complain in the evening after 7 or 8 o'clock. So 
I would tell my colleagues, if you have an amendment, the managers are 
here.
  Mr. WARNER. Mr. President, if I might say to the distinguished 
leader, half of these amendments are not matters related to the bill. 
They are not matters either the Senator from Montana nor I can really 
settle out because [[Page S 8851]] other chairmen and ranking members 
of other committees are involved in the subject of the amendments.
  It seems to me it takes a good deal of work to get these things done 
by persons other than the managers of the pending bill.
  Mr. DOLE. I note the presence of the distinguished chairman of the 
committee, Senator Chafee. There are a number of amendments under the 
jurisdiction of the Commerce Committee, Energy Committee, whatever. As 
the Senator from Virginia has pointed out, they are not under the 
jurisdiction of the committee that has the bill on the floor.
  In any event, I know many of my colleagues may have conflicts at this 
moment because there are amendments here by Senator Boxer, three by 
Senator Exon, one by Senator Ford, Senator Hatfield, Senator Kerry, 
Senator Lautenberg, Senator Nickles, Senator McCain, Senator Sarbanes, 
Senator Smith, Senator Stevens, and Senator Murkowski. We would hope 
whoever is willing to come to the floor would do so. If they do not 
intend to offer their amendments, if they would notify the managers on 
either side then we can move on because we do have a lot of legislation 
we will finish before the July 4 recess begins. It is up to our 
colleagues when that may happen.
  Mr. WARNER. Mr. President, I might inform the leader Senator Hatfield 
has just withdrawn his amendment.
  Mr. DOLE. We are making progress.
  Mr. WARNER. Now we are making progress.
  Mr. DOLE. Now can we have a bit from the other side?
  Mr. BAUCUS. I might say to the leader, in response to his question, 
that means automatically one or two others are dropped. Automatically, 
too, that means others are dropped.
  Mr. DOLE. I think that means Senator McCain's amendment will 
disappear.
  Mr. BAUCUS. Also another one on this side, too, will not be offered 
as a consequence of that last development.
  Mr. DOLE. We are making progress as we speak.
  Mr. BAUCUS. Maybe the Senator could find another one that has the 
same ripple effect?
  Mr. DOLE. Could I ask, will there be any of these other amendments 
requiring rollcall votes?
  Mr. WARNER. Mr. President, I say to the distinguished leader and 
others, at this present time the managers of the bill do not know of a 
request for a rollcall vote other than final passage.
  The PRESIDING OFFICER. The Chair recognizes the Senator from Rhode 
Island.
  Mr. CHAFEE. Mr. President, I agree with the analysis of the 
distinguished Senator from Virginia. We are making some progress.
  We would appreciate your sticking around a little longer, though. We 
have just disposed of three in 30 seconds. It is like a house of cards. 
If we pull one card out, perhaps the whole thing will come collapsing 
down and we will finish. In any event, we are striving. We will call on 
these individual Senators to see if they are satisfied.
  I think the point the managers make here is a very valid one. These 
amendments, many of them, do not involve this committee. They involve 
other committees. And we are caught in a crossfire here. The Commerce 
Committee or the Energy Committee--they have nothing to do with us. I 
do not even know why they are on this bill.
  Mr. WARNER. Mr. President, there are a number of them relating to the 
Banking Committee. As such, I know Senator D'Amato has been trying to 
be very helpful on it. Other committee chairmen are working together 
with their ranking members. It is most unusual.
  Mr. DOLE. Perhaps--perhaps we can, if our colleagues do not object, 
then we can go to third reading, say at 11:30? That would be one way 
too expedite the process. We have indicated to one of our colleagues, 
the eldest, there may not be any votes until 11:30. But that does not 
mean we should not proceed. I think we are making progress and I want 
to congratulate the managers. I do believe I can see some of these may 
be tied together. Some may not have any--some may be more related to 
the next bill than this bill, as I understand it. Some that do not want 
the other bill to come up.
  In the meantime, while we are waiting for our colleagues to come, I 
know there must be a rush on the subway as I speak. They are all 
heading for the floor at the same time.
  Mr. President, while we are waiting additional action on this bill, I 
suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. WARNER. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER (Mr. Faircloth). Without objection, it is so 
ordered.
  Mr. WARNER. The managers wish to thank Senators. We are making 
considerable progress. I would like to make a report, together with my 
distinguished colleague.
  On the horizon is the opportunity perhaps to vote final passage at 
about 11:30, or at such time thereafter, or before 12, as the 
leadership of the Senate may designate.
  But to bring Senators up to date, referring to page 2 of today's 
calendar, the amendments pending from last night by the Senator from 
California, Mrs. Boxer, are withdrawn; Senator Chafee withdrawn; 
Senator Ford, we have reason to believe that is going to be withdrawn; 
Senator Hatfield, withdrawn; Senator Kerry, we have reason to believe 
that will be withdrawn; Senator Lautenberg has resolved his amendment. 
We have reason to believe Senator Nickles' amendment will be withdrawn. 
Senator McCain has been resolved.
  That leaves Senator Sarbanes, and Senator Smith is very close to 
reconciliation. Senator Chafee is working on that with Senator Smith. 
There still remains an amendment by Senators Stevens and Murkowski, the 
Senators from Alaska, but we are hopeful that that matter can be 
resolved. It relates to the Committee on Energy, of which Senator 
Murkowski is the chairman. We hope that can be resolved. Neither of the 
managers of the pending bill have any dealings with that.
  Mr. BAUCUS addressed the Chair.
  The PRESIDING OFFICER. The Senator from Montana.
  Mr. BAUCUS. Mr. President, I would like to join in commending 
Senators who have worked out resolutions of amendments. The Senator 
from Virginia has done an admirable job, a wonderful job talking with 
Senators and working out resolutions.
  On the Democratic side, we are about finished. Senator Exon has three 
amendments. I hope, because those are Commerce Committee amendments, 
that the chairman of the Commerce Committee and his staff can work out 
agreements with Senator Exon. Senator Exon is on the floor now ready to 
proceed with his amendments. I hope that those can be worked out. We 
are very close to final passage. Very close. I expect we can finish 
this bill before noon.
  The PRESIDING OFFICER. The Chair recognizes the Senator from 
Nebraska.
  Mr. EXON. I thank the Chair, and I thank the managers of the bill. 
While the dialog was just briefly going on between the two managers, I 
have received information we have clearance for the second Exon 
amendment now on both sides of the aisle. I will take those in order.
  Mr. WARNER. Mr. President, the Senator from Nebraska is correct. On 
the second amendment, clearance has been arranged.
                           Amendment No. 1462

      (Purpose: To increase safety where the rails meet the roads)

  Mr. EXON. Mr. President, I send an amendment to the desk and ask for 
its immediate consideration.
  The PRESIDING OFFICER. The clerk will report the amendment.
  The bill clerk read as follows:

       The Senator from Nebraska [Mr. Exon] proposes an amendment 
     numbered 1462.

  Mr. EXON. Mr. President, I ask unanimous consent that the reading of 
the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

       At the appropriate place in the bill insert the following:

     SEC.   . SHORT TITLE.

       This amendment may be cited as the ``Federal Highway and 
     Railroad Grade Crossing Safety Act of 1995''.
     [[Page S 8852]]
     
     SEC.--INTELLIGENT VEHICLE-HIGHWAY SYSTEMS.

       (a) In General.--In implementing the Intelligent Vehicle-
     Highway Systems Act of 1991 (23 U.S.C. 307 note), the 
     Secretary of Transportation shall ensure that the National 
     Intelligent Vehicle-Highway System Program addresses, in a 
     comprehensive and coordinated manner, the use of intelligent 
     vehicle-highway technologies to promote safety at railroad-
     highway grade crossings. The Secretary of Transportation 
     shall ensure that two or more operational tests funded under 
     such Act shall promote highway traffic safety and railroad 
     safety.

     SEC.--STATE HIGHWAY SAFETY MANAGEMENT SYSTEMS.

       (a) Amendment of Regulations.--The Secretary of 
     Transportation shall conduct a rulemaking proceeding to amend 
     the regulations under section 500.407 of title 23, Code of 
     Federal Regulations to require that each highway safety 
     management system developed, established, and implemented by 
     a State shall, among countermeasures and priorities 
     established under subsection (b)(2) of that section--
       (1) include public railroad-highway grade-crossing closure 
     plans that are aimed at eliminating highrisk or redundant 
     crossings (as defined by the Secretary);
       (2) include railroad-highway grade-crossing policies that 
     limit the creation of new at-grade crossings for vehicle or 
     pedestrian traffic, recreational use, or any other purpose; 
     and
       (3) include plans for State policies, programs, and 
     resources to further reduce death and injury at high-risk 
     railroad-highway grade crossings.
       (b) Deadline.--The Secretary of Transportation shall 
     complete the rulemaking proceeding described in subsection 
     (a) and prescribe the required amended regulations, not later 
     than one year after the date of enactment of this Act.
     SEC.   . VIOLATION OF GRADE-CROSSING LAWS AND REGULATIONS.

       (a) Federal Regulations.--Section 31311 of title 49, United 
     States Code, is amended by adding at the end the following 
     new subsection:
       ``(h) Grade-crossing Violations.--
       ``(1) Sanctions.--The Secretary shall issue regulations 
     establishing sanctions and penalties relating to violations, 
     by persons operating commercial motor vehicles, of laws and 
     regulations pertaining to railroad-highway grade crossings.
       ``(2) Minimum Requirements.--Regulations issued under 
     paragraph (1) shall, at a minimum, require that--
       ``(A) the penalty for a single violation shall not be less 
     than a 60-day disqualification of the driver's commercial 
     driver's license; and
       ``(B) any employer that knowingly allows, permits, 
     authorizes, or requires an employee to operate a commercial 
     motor vehicle in violation of such a law or regulation shall 
     be subject to a civil penalty of not more than $10,000.''.
       (b) Deadline.--The initial regulations required under 
     section 31310(h) of title 49, United States Code, shall be 
     issued not later than one year after the date of enactment of 
     this Act.
       (c) State Regulations.--Section 31311(a) of title 49, 
     United States Code, is amended by adding at the end the 
     following new paragraph:
       ``(18) Grade-Crossing Regulations.--The State shall adopt 
     and enforce regulations prescribed by the Secretary under 
     section 31310(h) of this title.''.

     SEC.   . SAFETY ENFORCEMENT.

       (a) Cooperation Between Federal and State Agencies.--The 
     National Highway Traffic Safety Administration, and the 
     Office of Motor Carriers within the Federal Highway 
     Administration, shall on a continuing basis cooperate and 
     work with the National Association of Governors' Highway 
     Safety Representatives, the Commercial Vehicle Safety 
     Alliance, and Operation Lifesaver, Inc., to improve 
     compliance with and enforcement of laws and regulations 
     pertaining to railroad-highway grade crossings.
       (b) Report.--The Secretary of Transportation shall submit a 
     report to Congress by January 1, 1996, indicating (1) how the 
     Department worked with the above mentioned entities to 
     improve the awareness of the highway and commercial vehicle 
     safety and law enforcement communities of regulations and 
     safety challenges at railroad-highway grade crossings, and 
     (2) how resources are being allocated to better address these 
     challenges and enforce such regulations.
     SEC.   . CROSSING ELIMINATION; STATEWIDE CROSSING FREEZE.

       (a) Statement of Policy.--
       (1) Railroad-highway grade crossings present inherent 
     hazards to the safety of railroad operations and to the 
     safety of persons using those crossings. It is in the public 
     interest--
       (A) to eliminate redundant and high risk railroad-highway 
     grade crossings; and
       (B) to limit the creation of new crossings to the minimum 
     necessary to provide for the reasonable mobility of the 
     American people and their property, including emergency 
     access.
       (2) Elimination of redundant and high-risk railroad-highway 
     grade crossings is necessary to permit optimum use of 
     available funds to improve the safety of remaining crossings, 
     including funds provided under Federal law.
       (3) Effective programs to reduce the number of unneeded 
     railroad-highway grade crossings, and to close those 
     crossings that cannot be made reasonably safe (due to reasons 
     of topography, angles of intersection, etc.), require the 
     partnership of Federal, State, and local officials and 
     agencies, and affected railroads.
       (4) Promotion of a balanced national transportation system 
     requires that highway planning specifically take into 
     consideration the interface between highways and the national 
     railroad system.
       (b) Partnership and Oversight.--The Secretary shall foster 
     a partnership among Federal, State, and local transportation 
     officials and agencies to reduce the number of railroad-
     highway grade crossings and to improve safety at remaining 
     crossings. The Secretary shall make provision for periodic 
     review to ensure that each State (including State 
     subdivisions and local governments) is making substantial, 
     continued progress toward achievement of the purposes of this 
     section.
       (c) Crossing Freeze.--If, upon review, and after 
     opportunity for a hearing, the Secretary determines that a 
     State or political subdivision thereof has failed to make 
     substantial, continued progress toward achievement of the 
     purposes of this section, then the Secretary shall impose a 
     limit on the maximum number of public railroad-highway grade 
     crossings in that State. The limitation imposed by the 
     Secretary under this subsection shall remain in effect until 
     the State demonstrates compliance with the requirements of 
     this section. In addition, the Secretary may, for a period of 
     not more than 3 years after such a determination, require 
     compliance with specific numeric targets for net reductions 
     in the number of railroad-highway grade crossings (including 
     specification of hazard categories with which such crossings 
     are associated).
       (d) Regulations.--The Secretary shall issue such 
     regulations as may be necessary to carry out this section.

  Mr. EXON. Mr. President, I appreciate the cooperation of the two 
managers. I have been trying to work with them to move this 
expeditiously ahead. I think we have made some great progress 
overnight. At least two of the amendments that were in question have 
now been resolved.
  The first amendment that I have just offered is the Federal highway-
railroad grade-crossing safety amendment. This legislation builds on 
the important work already done by the U.S. Senate. The provisions in 
this amendment should be familiar and are familiar to the Senate, and 
it is noncontroversial.
  Mr. President, I am pleased to offer the Federal highway and railroad 
grade crossing safety amendment. This legislation builds on important 
work already done by the U.S. Senate. The provisions in this amendment 
should be familiar to the Senate and noncontroversial.
  Most deaths and injuries which occur in the rail industry are as a 
result of trespassers and motorist violation of railroad grade crossing 
laws. About 600 people a year die as a result of railroad crossing 
accidents and about 600 people a year die as a result of trespassing on 
railroad property. An automobile and a train collide once about every 
90 minutes in the United States. In 1992 approximately 2,500 people 
were either killed or seriously injured as a result of railroad grade 
crossing accidents.
  This is one area of death and injury which is almost entirely 
preventable. The amendment I offer is meant to complement landmark rail 
safety legislation approved last year as part of the so-called Swift 
Rail Act, named in honor of former House Chairman Al Swift.
  As the former chairman of the Senate Surface Transportation 
Subcommittee, I chaired a number of hearings on railroad and grade 
crossing safety. Those hearings indicated that although significant 
progress has been made in reducing the number of rail related deaths, 
there is still room for improvement, especially when it comes to grade 
crossing safety. Unfortunately, in the past, jurisdictional disputes 
with the House of Representatives got in the way of a number of 
important Senate grade crossing safety initiatives. Now that the House 
of Representatives has reorganized, I am hopeful that good ideas will 
not be slain by the sword of jurisdiction.
  States and local governments must be encouraged to enforce their laws 
against grade crossing violations and must be encouraged to finally 
close crossings. The split jurisdiction between the Federal Highway 
Administration, The Federal Rail Administration, States, local 
governments, and railroads has led to a gridlock of responsibility. 
This amendment helps shatter that gridlock.
  It is time to make the places where rails meet roads safer for rail 
workers, drivers, and pedestrians.
  This amendment should be very familiar to the Senate. Its provisions 
are [[Page S 8853]] taken from legislation unanimously approved by the 
Senate last year.
  Provisions taken from the railroad safety bill unanimously approved 
by the Senate in 1994 consist of provisions dropped from the final 
Swift Rail Act because they were outside the jurisdiction of the House 
Energy and Commerce Committee.
  These provisions require that grade crossing safety be made part of 
at least two intelligent vehicle highway systems projects; ensure that 
States include grade crossing closure and safety enhancement plans in 
their highway safety management plans; stiffen penalties for truck 
violations of grade crossing safety laws and encourage cooperation 
between State and Federal authorities on grade crossing safety.
  Finally, the amendment gives the Secretary power--but only as a last 
resort--to impose a statewide freeze on grade crossings where a State 
has failed to make substantial, continued progress toward crossing 
reduction and improvement.
  Mr. President, with the amendment, the Senate can vote to save lives. 
Again, this amendment should be noncontroversial and simply represents 
unfinished business from last year.
  I say to the managers of the bill that we have agreed to strike the 
two provisions that your committee had objection to, and we are going 
simply with the proposition that was originally cleared by the Commerce 
Committee.
  Mr. WARNER. Mr. President, we accept the amendment.
  Mr. BAUCUS. Mr. President, before accepting the amendment, I would 
like to commend the Senator from Nebraska. About 600 people a year die 
at railroad crossings. It seems to me we in Congress have an obligation 
to do what we can do to reduce that number.
  The Senator from Nebraska came up with an ingenious idea to reduce 
the deaths. All the Members are indebted to him for his efforts. I 
commend the Senator.
  The PRESIDING OFFICER. The question is on agreeing to the amendment.
  The amendment (No. 1462) was agreed to.
  Mr. EXON. Mr. President, I move to reconsider the vote by which the 
amendment was agreed to.
  Mr. WARNER. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.


                           Amendment No. 1463

  Mr. EXON. Mr. President, I send an amendment to the desk and ask for 
its immediate consideration.
  The PRESIDING OFFICER. The clerk will report the amendment.
  The bill clerk read as follows:

       The Senator from Nebraska [Mr. Exon] proposes an amendment 
     numbered 1463.

  Mr. EXON. Mr. President, I ask unanimous consent that the reading of 
the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

       At the appropriate place in the bill add the following:

     SEC.   . TRUCK LENGTH AND THE NORTH AMERICAN FREE TRADE 
                   AGREEMENT.

       Any Federal regulatory standard for single trailer length 
     issued pursuant to negotiations and procedures authorized 
     under the North American Free Trade Agreement, shall not 
     exceed fifty-three feet.
  Mr. EXON. Mr. President, the Exon truck-length amendment is a very 
simple and straightforward provision. It only applies to Federal 
regulations on length issued pursuant to the North American Free-Trade 
Agreement.
  Last year, I chaired a hearing on this issue. Pursuant to the NAFTA 
agreement, the governments of Mexico, Canada, and the United States of 
America are negotiating the harmonization of traffic safety laws. The 
Senate has been very concerned about these negotiations and following 
the approval of NAFTA approved a resolution expressing the sense of the 
Senate that these negotiations should bring Canadian and Mexican 
traffic safety up to United States levels, not to lower United States 
standards. I am pleased to report that the Clinton administration 
expressed their desire to involve Congress in the adoption of any new 
safety rules arising out of these negotiations.
  Since the Federal Government maintains no single trailer length 
standard, there is a risk that a future administration could use the 
NAFTA negotiations to increase lengths beyond the generally accepted 
53-foot standard. If the administration sets a single trailer length 
standard pursuant to NAFTA negotiations, that exceeds 53 feet, 
congressional action would be necessary to implement the longer Federal 
standard.
  The amendment does not restrict State action.
  The amendment does not affect Federal legislative action.
  The amendment does not affect Federal regulatory action not related 
to the North American Free-Trade Agreement.
  The amendment is consistent with the intent of the Reigle-Exon NAFTA-
truck safety resolution approved by the Senate following the approval 
of NAFTA and in no way disrupts the long combination vehicle freeze 
Senator Lautenburg and I authored as part of ISTEA.
  I ask my colleagues to adopt this narrow amendment which will 
preserve congressional discretion over truck safety and the NAFTA.
  This does not affect truck lengths at all, as far as normal processes 
are concerned. What this amendment would do is to prevent the 
administration, through any real or imagined parts of the NAFTA 
agreement, to increase truck lengths unilaterally without any 
consideration at all by the Congress. I think this is a safety matter, 
but it is very narrowly drawn and has been cleared by, as far as I 
know, all participants who have an interest in this matter.
  Mr. WARNER. Mr. President, indeed, we have endeavored to clear this 
amendment, but we have just been notified that a Senator has interposed 
an objection to the amendment. Perhaps given that objection, the 
Senator from Nebraska might wish to expand his explanation of this 
amendment in the hopes that that expanded explanation might meet the 
objections of the Senator who has interposed it.
  Mr. EXON. I thank my friend. I will be glad to expand on it a little 
bit further and maybe satisfy the concerns of all in this particular 
area.
  We have so many last-minute objections by so many people that I do 
not know who they are. It has been very difficult to kill these rats 
when they keep coming out of the hay bin.
  I repeat again, we have had in the Commerce Committee and in the 
committee of jurisdiction on this particular piece of legislation 
various studies and indepth hearings all aimed at safety, safety on the 
highways of America. There is a discussion ongoing right now as to 
whether or not we should increase by law the length and the width of 
trucks traveling on our highways.
  Generally speaking, this is a matter that has been split. The 
Commerce Committee has been generally recognized to have jurisdiction 
over truck lengths. The committee that is headed by the two 
distinguished managers of this bill have always had jurisdiction over 
the width. I cannot go into an explanation of why one committee has 
length and the other committee has width. That is too complicated a 
matter for me to understand, and I cannot explain it because I do not 
know the reason for it myself.
  But we are not changing any of that, and we are not changing any 
lengths of trucks in this amendment. All that we are saying in this 
amendment--very clearly defined--is that the administration, under the 
authority granted the administration in the NAFTA agreement, cannot 
automatically extend the lengths of trucks over and beyond what is the 
law of the land at the present time.
  There is some indication that in order to facilitate the movement and 
to make it easier for some of the Mexican trucks to enter the United 
States, the administration might have the authority, under the terms of 
NAFTA, to supersede the laws presently in place in the United States 
with regard to lengths of trucks.
  All this narrowly defined amendment does is it writes into law and 
snatches away that part of the law that some might interpret as 
authority for the administration unilaterally, without any consultation 
with the Congress, let alone laws, unilaterally to authorize longer 
trucks on our highways under NAFTA that would otherwise be prohibited.
 That is a simple, straightforward explanation. With that, I do not 
know what the objection would be. If there is an objection, I would be 
glad to attempt to address it.
[[Page S 8854]]

  Mr. WARNER. An objection will be interposed, and we will discuss the 
objection with the Senator from Nebraska.
  At this time, I ask unanimous consent that the pending amendment be 
temporarily laid aside, such that the managers can continue with other 
amendments.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. WARNER. Mr. President, the managers are continuing to make steady 
progress. We retain our hope that we can vote on final passage before 
12 noon. I urge those very few Senators--it is down to two or three 
Senators now that would require further reconciliation of their views.
  Mr. President, on a personal matter, if I might make a few remarks. I 
commend the chairman of the Environment and Public Works Committee. 
Twenty-five years ago, I first met the then Governor of Rhode Island. 
In 1969, we formed a team in the Department of the Navy where he, as 
Secretary, and I, as principal deputy and Under Secretary, undertook a 
task at the height of the Vietnam war to give leadership to the 
Department of the Navy and to participate in other activities in the 
Department of Defense.
  Now, 25 years later, we are still together. I do not say this with 
regret, but I do note that he is still the boss and I am still the 
first deputy, so not much has changed in a quarter of a century. There 
sits a man that has always stepped forward to lead in this country, be 
it in the time of war, as he did in World War II, as a marine fighting 
in the Pacific, and then being recalled back to duty during the Korean 
conflict, as a captain, company commander, and then as Governor. And 
now as a U.S. Senator, he has distinguished himself as a public 
servant. He is greatly respected in the U.S. Senate, as well as in his 
own State. It is a privilege for me to once again be in partnership, 
but as always, No. 2.
  I thank the Chair.
  Mr. CHAFEE. Mr. President, I thank the distinguished Senator from 
Virginia for his generous remarks. He is right that in our long-time 
friendship we have worked together. It has not been a one-two 
relationship. It has been a partnership. He and I worked together in 
the Defense Department starting in January 1969 in the Navy, as 
Secretary and Under Secretary, and we were in those posts together for 
3\1/2\ years.
  The distinguished Senator from Virginia then became Secretary of the 
Navy and went on after that to head the bicentennial commission, was 
elected to the U.S. Senate in 1978, and he has served here with great 
distinction. So it is indeed a marvelous friendship and association 
that we have had together. And now on the Environment Committee, where 
he is handling this legislation so effectively, doing such an excellent 
job as chairman of the subcommittee dealing with this type of 
legislation.
  So I thank my long-time friend--I will not say ``old'' friend, but 
``long-time'' friend--for the joys that we have had together and the 
joint achievements that I believe we have accomplished.
  Mr. WARNER. Mr. President, I thank my good friend and colleague. I 
hope we have many more years working together here in the U.S. Senate.
  I note the presence on the floor of the Senator from Maine. I extend 
to him an apology. On two occasions I have indicated the clearance of 
the Senator's amendment. But subsequent thereto, objections arose. I 
believe it is now resolved, and I would appreciate if the Senator from 
Maine could advise the managers. The Senator from Virginia will 
continue to ascertain the status of the Senator's amendment. I am 
hopeful that it can be resolved. I thank the Senator from Maine, 
however, for his patience on this matter.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The bill clerk proceeded to call the roll.
  Mr. COHEN. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. COHEN. Mr. President, I ask unanimous consent that I be allowed 
to proceed as in morning business.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The Senator from Maine is recognized.

                          ____________________