[Congressional Record Volume 143, Number 110 (Wednesday, July 30, 1997)]
[Senate]
[Pages S8361-S8367]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. JEFFORDS (for himself, Ms. Snowe and Mr. Leahy):
  S. 1087. A bill to provide for the modernization of port and rail 
access in northern New England, and for other purposes; to the 
Committee on Commerce, Science, and Transportation.


   the older industrial region rail/port access and modernization act

  Mr. JEFFORDS. Mr. President, I rise today with Senator Snowe to 
introduce legislation to aid the growth of commerce throughout New 
England. The Older Industrial Region Rail and Port Access and 
Modernization Act aims to improve northern New England's aging rail 
infrastructure and ocean ports to speed delivery of goods and people 
throughout the region.
  New England was built by the railroads. But in our modern economy, 
highways have captured a majority of the commerce, supplanting rail. As 
we reach the end of this century, our region has begun to recognize the 
importance of railroads, and their vital role in our expanding economy. 
Efficient highways run north to south in northern New England, but we 
have no east to west roads sufficient to handle growing trade and 
commerce. As Vermont, New Hampshire, and Maine work together to compete 
in this global economy, our success is dependent on our mutual efforts 
to improve access to markets. We will succeed only if modern freight 
railroads can serve the entire region and through our ports bring goods 
to market across the Nation and around the world.
  Rail lines throughout northern New England have been neglected for 
many years. Crumbling rail beds and constricted passage has limited the 
movement of freight and passenger trains and restricted rail access to 
deep water ports. Older bridges, deteriorated tracks, inadequate 
tunnels all contribute to a rail system that fails to fulfill the needs 
of the three-State area. As a result, commerce throughout the region 
suffers.
  A recent report by Cambridge Systematics, entitled ``New England 
Transportation Initiative,'' indicates that northern New England's 
economy cannot fully expand without a carefully planned and implemented 
intermodal strategy. The study predicts that Maine's ports will 
gradually lose business to southern ports, primarily in New Jersey and 
New York, because of inadequate rail transportation and port access. In 
addition, the study predicts that business and jobs in New Hampshire 
and Vermont will not keep pace with other regions without a better 
strategy to efficiently move goods and people.
  An exhaustive analysis by the Eastern Border Transportation Coalition 
regarding the trade and traffic flows across the eastern United States-
Canada border projected a trade increase of close to 200 percent by the 
year 2015. The report also outlines that this increase could be 
hampered by a lack of adequate transportation options and overcrowded 
roads and highway border stations. To avoid this setback, rail options 
must be available. Without proper infrastructure development, New 
England's chance to take advantage of such economic growth will 
diminish.
  The legislation we introduce today will authorize Federal spending to 
rehabilitate rail beds in Vermont, Maine, and New Hampshire, enabling 
them to improve their freight rail traffic and better handle the 
movement of goods and people with their borders. States will be able to 
apply separately to the U.S. Secretary of Transportation for individual 
grants. Grant funding is provided for a variety of categories: Port 
development and access; bridge and tunnel obstruction repair and 
replacement; repair of railroad beds; and development of intermodal 
facilities, including intermodal truck-train transfer facilities. 
Revitalization of these resources will allow freight and passenger 
trains to move freely throughout the region, reconnecting railroad 
towns long separated by the hazards of unpassable tracks.

  The bill also establishes a loan assistant program. Railroad 
companies in Vermont, Maine, and New Hampshire will be able to access 
low interest loans to improve their rail lines in the region. The loans 
can be used for purchase of rolling stock, development of maintenance 
facilities, and many other capital improvements.
  Without this legislation, Vermont, New Hampshire, and Maine may fail 
to benefit from future growth opportunities. Even though international 
shipping trade is expected to increase by 20 percent in the next 5 
years, New England is less likely to benefit from the influx of 
business and jobs because of its decaying rail and port infrastructure. 
Improving rail lines will bring new life to our region, strengthening 
our industries and thereby our economies.
  Mr. President, I would urge action on this legislation, because, as 
we are learning, ports and railroads are the life lines that will help 
to ensure the well-being of all of northern New England.
  Ms. SNOWE. Mr. President, I rise today with my colleague and good 
friend, Senator Jeffords of Vermont, to introduce the Older Industrial 
Region Rail/Port Access and Modernization Act.
  There is an old Yankee saying ``you can't get there from here''. If 
we do not take steps to upgrade our aging transportation infrastructure 
in order to allow us to be a vigorous competitor for the movement of 
goods, that saying may become a sad reality. That is why the bill we 
introduce today is so important to northern New England's future, 
because its purpose is to revitalize our aging rail infrastructure. As 
much as rail is a part of our Nation's history, it is also the pathway 
to a bright economic future.
  The bill, which covers Vermont, New Hampshire, and Maine, will 
provide funding for improving and modernizing our freight rail system--
removing obstacles like low bridges that constrict the use of double-
stack trains, and intermodal facilities construction and maintenance. 
It would also provide funding to assist Maine's ports in updating and 
modernizing their facilities

[[Page S8362]]

and rail transport access. This upgrading is particularly important as 
studies have shown that Maine's ports are losing business to southern 
ports because of inadequate rail transport and access.
  Under the bill, an 80/20 Federal/State share grant program would be 
created. The States could use this money for first, connecting all 
railroads to ports; second, removing, repairing or replacing bridges or 
other obstructions that inhibit the use of double-stack rail cars; 
third, repairing, upgrading and purchasing railbeds and tracks and 
fourth, constructing, operating and maintaining intermodal truck-train 
transfer facilities and train maintenance facilities.
  Intermodalism is the future, as we have seen from the success of 
ISTEA. I have seen it at the intermodal facility in my hometown of 
Auburn, ME. Secretary of Transportation Rodney Slater visited the 
facility earlier this year with me and other members of the Maine 
delegation. After the visit, he told me that Auburn was a model 
facility that he would use in his travels as an example of how well the 
concept works when done correctly. Our bill will provide States with 
the flexibility to encourage new facilities and to upgrade current 
ones. It will provide our businesses with better, faster, more cost 
effective access to out of State markets and it will increase the 
viability of our three ports--Portland, Eastport, and Mack Point--by 
making them more attractive options for shipping and receiving goods.
  More important is the basic fact that a modern transportation system 
is vital to any economic development. Our bill will allow the northern 
New England States to upgrade their aging infrastructure to ensure that 
we do not allow future economic development and growth to slip away 
because we cannot meet the transportation needs of business and 
industry in the coming years.
                                 ______
                                 
      By Mr. ROTH:
  S. 1088. A bill to suspend temporarily the duty on ACM; to the 
Committee on Finance.


           Legislation to Suspend Temporarily the Duty on ACM

  Mr. ROTH. Mr. President, I rise to introduce a bill to suspend the 
duty through December 31, 1999, on a product commonly known as ACM or 
[3-(Acetoxy)-3-cyanopropyl] methyl-phosphinic acid butylester, which 
falls under subheading 2931.00.90 of the Harmonized Tariff Schedule of 
the United States. ACM is an essential ingredient in the production of 
glufosinate ammonium, a patented nonselective, broad-spectrum 
herbicide, manufactured by AgrEvo USA under the brand name Liberty and 
used primarily in corn and soybean cultivation.
  The cost to import ACM currently comprises roughly 90 percent of the 
total cost of manufacturing glufosinate ammonium. Suspension of this 
duty will substantially lower AgrEvo's cost of production and thereby 
improve the company's competitiveness.
                                 ______
                                 
      By Mr. SPECTER (for himself, Mr. Ford, Mr. Santorum, Mr. Harkin, 
        Mr. Inouye, Mr. Inhofe, Ms. Mikulski, Mrs. Boxer, Mr. 
        Rockefeller, Mr. Bryan and Mr. Durbin):
  S. 1089. A bill to terminate the effectiveness of certain amendments 
to the foreign repair station rules of the Federal Aviation 
Administration, and for other purposes; to the Committee on Commerce, 
Science, and Transportation.


               AIRCRAFT REPAIR STATION SAFETY ACT OF 1997

  Mr. SPECTER. Mr. President, I have sought recognition today to 
introduce legislation designed to address aviation safety concerns 
which arise out of the proliferation of aircraft repair facilities 
outside the United States which are used by airplanes that fly within 
our Nation every day. This legislation would change current regulations 
so that U.S. aircraft are repaired to the maximum extent possible by 
professional U.S. mechanics, properly trained and supervised, using 
certified parts. This bill also addresses the critical issue of 
substandard or uncertified airplane parts, known as bogus parts.
  I am pleased to be joined by 10 of my Republican and Democratic 
colleagues in introducing the Aircraft Repair Station Safety Act of 
1997, which is similar to a bill introduced by my colleague from 
Pennsylvania, Congressman Borski (H.R. 145) which currently has 135 
cosponsors.
  A key focus for many of us in the 105th Congress is aviation safety. 
As a member of the Transportation Appropriations Subcommittee, I have 
worked with my colleagues to ensure that we spend the maximum amount 
possible on improving our aviation infrastructure for safety purposes, 
including altogether new runways, runway extension projects, and new 
generations of radar and landing systems. Air travel is an essential 
element of our lives, as millions of Americans use airplanes for 
personal and business trips. Our economy is deeply rooted in the 
success of our aviation system, which makes it even more critical that 
we take all necessary steps to enhance aviation safety.
  This legislation is intended to address a regulatory loophole created 
in November, 1988, when the Federal Aviation Administration promulgated 
new rules which weakened the restrictions on certification for foreign 
aircraft repair stations. The 1988 changes have resulted in a situation 
where FAA certification--the highest seal of approval in the world--is 
much too easy to obtain. Prior to those changes, a foreign repair 
facility had to demonstrate that there was a need to service aircraft 
engaged in international travel before they could get certified. But 
now, a station can receive FAA certification for the simple goal of 
attracting U.S. business. I am advised that repair stations in Tijuana, 
Mexico and Costa Rica applied for and received FAA certification even 
though few expect these locations to become new hubs for international 
travel. Instead, these facilities are becoming new hubs for stealing 
U.S. jobs and could potentially jeopardize aviation safety because of 
inadequacies in U.S. regulatory oversight.
  One example of where work performed on an aircraft at a foreign 
facility had significant repercussions within the United States was the 
1994 engine explosion and fire on a Valujet plane on the runway at 
Atlanta's Hartsfield International Airport, which necessitated the 
evacuation of the 57 passengers. According to media reports, the work 
was done at a Turkish repair station that lacked FAA approval, and 
whose shabby business practices included plating over a cracked and 
corroded compressor disk. Had the explosion occurred in midflight, the 
results could have been catastrophic.
  When the 1988 regulations were adopted, the FAA expected that the 
number of foreign repair stations it certified would rise from the 
level of 200 to possibly 300 or 400. I understand that there are now 
nearly 500 such foreign aircraft repair stations with FAA 
certification. This comes at a time, however, when the FAA is having 
enough trouble inspecting domestic repair stations and enforcing 
aviation safety rules within facilities in the 50 States. I find it 
hard to believe that the FAA has sufficient resources to adequately 
investigate problems at the 480 foreign aircraft repair facilities in 
addition to its U.S. responsibilities.
  I am advised that one recent phenomenon is that foreign repair 
facilities are being used by some U.S. carriers on a contract basis as 
a means of holding down costs, and some have become what have been 
termed virtual airlines because so little maintenance and repair work 
is done in-house. Instead of aircraft repair work being done at 
relatively few sites, countless contractors and subcontractors 
domestically and abroad are now filling that function.
  I would note that the Gore Commission on Aviation Safety and Security 
stated in its Final Report of February 12, 1997 that:

       Considerable attention has been given to the issue of 
     outsourcing of maintenance and other work, particularly in 
     the wake of the Valujet crash. The Commission does not 
     believe that outsourcing, in and of itself, presents a 
     problem--if it is performed by qualified companies and 
     individuals. The proper focus of concern should be on the 
     FAA's certification and oversight of any and all companies 
     performing aviation safety functions, including repair 
     stations certificated by the FAA but located outside of the 
     United States. (Emphasis added.)

  A problem is that under the current regulatory framework, foreign 
aircraft repair stations have not had to demonstrate legitimate need or 
to meet all the standards and procedures imposed on U.S. stations. For 
example, I am advised that domestic facilities and their employees must 
meet rigorous worker

[[Page S8363]]

surveillance standards including broad drug and alcohol testing 
requirements. Many other nations seeking to compete do not have these 
same requirements in place or the same level of enforcement. There is 
also a discrepancy between the requirement that certain mechanics at a 
U.S. facility are certified airmen and the absence of such a mandate on 
certified foreign repair stations. One would think that this 
requirement is important enough to be imposed wherever a plane which 
flies within our borders is repaired and maintained. Accordingly, this 
legislation provides that all standards imposed on domestic repair 
stations and their employees must be imposed on foreign facilities and 
their employees.
  In sponsoring this legislation, I am not attempting to deprive U.S. 
carriers of access to foreign repair facilities when necessary. 
Strategically based foreign repair stations have been part of our 
aviation network since 1949, when it was recognized that such stations 
were needed for the repair of U.S. aircraft operating outside our 
airspace. In addition, foreign manufacturers producing FAA-approved air 
frames or components have traditionally been allowed to support their 
products. Further, it is my intention that this legislation would not 
hinder the repair of U.S. aircraft abroad which do not operate within 
the United States.
  This legislation would not change these accepted practices, but would 
give the FAA the opportunity to revisit this issue by returning the 
regulations governing the certification of repair stations to what they 
were before November, 1988. This legislation is aimed at the 
proliferation of foreign FAA-certified repair facilities which exist to 
service aircraft that, except for the cheap labor and lower regulatory 
oversight, would never leave the United States.
  This legislation would also clamp down on the possibility that 
aircraft repair stations would knowingly use bogus parts instead of 
properly certified parts. The bogus airplane parts trade has become 
lucrative and gives real cause for concern. The FAA and law enforcement 
agencies have cracked down in recent years, resulting in 130 
indictments across the country as of May, 1997 of people suspected of 
being dealers of bogus airplane parts. In one troubling media account, 
when an American Airlines plane crashed in Colombia in 1995, salvagers 
extracted valuable components from the plane before even all the bodies 
were collected and the parts were offered for sale in Miami shortly 
thereafter. Under this bill, if a facility is found to have knowingly 
used bogus parts, the FAA will revoke its certification.
  In closing, I want to reiterate that the Aircraft Repair Station 
Safety Act of 1997 is a sensible approach to increased aviation safety. 
This is more than just a jobs issue; peoples lives and our economy are 
at stake. At a time when the FAA's resources are stretched thin, I do 
not believe it is in the public interest to continue to certify foreign 
aircraft repair facilities which we cannot observe or regulate 
adequately.
  I look forward to working with the members of the Senate Commerce, 
Science, and Transportation Committee on this issue, as well as the 
carriers, both passenger and cargo, which operate under current 
regulations and whom I hope will support this legislation.
                                 ______
                                 
      By Mr. BURNS (for himself, Mr. Johnson, Mr. McConnell, Mr. 
        Grassley, Mr. Brownback, Mr. Thurmond, Mr. Helms, Mr. Daschle, 
        Mr. Cochran, Mr. Hatch, Mr. Inhofe, and Mr. Conrad):
  S. 1090. A bill to specify that States may waive requirements 
relating to commercial drivers' licenses under chapter 313 of title 49, 
United States Code, with respect to certain farm vehicles, and for 
other purposes; to the Committee on Commerce, Science, and 
Transportation.


                           waiver legislation

  Mr. BURNS. Mr. President, today I rise to correct an unintentional 
Federal burden that has been placed on a sector of our Nation's 
agricultural community.
  The Commercial Motor Vehicle Safety Act of 1986 subjected operators 
of large trucks and buses to new regulations including the requirement 
that States devise a commercial driver's license [CDL] program by April 
1, 1992.
  The intent of this act was to improve highway safety by requiring a 
higher level of qualification and knowledge for those engaged in 
commercial trucking activities and was primarily aimed at addressing 
the safety issue of over-the-road, long-haul truckers.
  In 1988, the Federal Highway Administration [FHwA] granted States the 
authority to waive the CDL requirements for farmers and others who 
operate large vehicles incidental to their occupations. States retained 
the right to impose restrictions and conditions on those for whom the 
waiver was applied.
  Unfortunately, the CDL requirement continues to apply to many vehicle 
operators who are neither a highway safety hazard or engaged in 
commercial trucking enterprises. Such is the case of those engaged in 
the unique, seasonal business of harvesting the Nation's crops.
  Custom harvesting is a service industry which, for a fee, provides 
farmers the personnel and equipment necessary to harvest their crops; 
relieving them of the need to invest, operate and maintain the costly, 
specialized equipment which can only be utilized on a limited seasonal 
basis.
  Incidental to this service is providing the transportation equipment 
and drivers necessary to deliver those crops to on-farm or local 
storage or processing facilities.
  This service harvests nearly 60 percent of the Nation's entire wheat 
crop from my State of Montana to Texas and many wheat growing States in 
between.
  The vast majority of miles driven in providing this service are off-
road or on low traffic density rural roads and highways. Because of the 
unique nature of this business and the substantial investment in 
equipment, the owner-operator of these predominantly small, family-
owned businesses devote a significant amount of time and resources to 
employee training and safety education which is relevant to the service 
they provide, rather than simply accepting the generally inappropriate 
standards based on the urban-suburban driving needs requires for a CDL.
  In addition, close supervision of the harvesting and transport 
activities is provided both during the actual harvesting operations and 
the movement of equipment from site to site.
  Given the failure of the FHwA to acknowledge the unique 
characteristics of the custom harvesting business and to provide a 
reasonable waiver to States to determine an appropriate level of 
regulation for this industry, we are introducing legislation to provide 
States the authority to grant an exemption from the CDL requirements.
  This legislation does not mandate that those engaged in activities 
such as custom harvesting will be unregulated. It does provide those 
States, who wish to do so, the opportunity to provide regulatory relief 
to an industry which is critical to the production of food and fiber in 
this country.
  Mr. President, I ask unanimous consent that additional material be 
printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                                    June 26, 1997.
     Hon. Conrad Burns,
     U.S. Senate, Washington, DC.
       Dear Senator Burns: Recently you received a letter from 
     Senator Conrad Burns and Tim Johnson requesting your co-
     sponsorship of legislation to modify the Commercial Driver's 
     License (CDL) requirements for those engaged in custom 
     harvesting and processing of our nation's crops. The 
     membership of the undersigned organizations urge you to join 
     in supporting the legislative relief provided in their bill.
       The Commercial Motor Vehicle Safety Act of 1996, required 
     that states develop and implement a CDL program by April 1, 
     1992 and a drug and alcohol testing program in 1996. It was 
     intended to improve the safety performance of commercial, 
     over-the-road trucking enterprises. In recognition of the 
     unique nature of some trucking activities, the Federal 
     Highway Administration provided States the authority to waive 
     the CDL requirements for farmers, firefighters and others who 
     operate large vehicles as part of their day-to-day business, 
     but who were not engaged in commercial trucking. Individual 
     states retained the ability to develop conditions and 
     restrictions as part of the waiver process. Unfortunately, 
     the CDL requirements still apply to that sector of 
     agriculture which provides an important seasonal service by 
     harvesting this nation's food and fiber crops and delivering 
     the harvest to storage or processing for

[[Page S8364]]

     individual farmers. These businesses pose little safety 
     hazard, and are not engaged in hauling crops on a commercial 
     basis. Their operations predominantly require skills 
     associated with driving off-road or in low traffic density 
     areas. Unlike commercial trucking operations, the drivers 
     involved in the harvest are closely supervised both during 
     the harvest activities and those limited times when they must 
     utilize the nation's highway system to move from farm to 
     farm.
       Harvesters and agriculture processors currently provide 
     education, training and experience for drivers that is 
     directly applicable to the conditions those drivers will face 
     throughout their employment. The CDL requirements force the 
     employer to also train their drivers so they can obtain a 
     license which is of little practical use in their workplace. 
     This dual burden is costly, time consuming and has reduced 
     the ability of the industry to find competent employees.
       The legislation proposed by Senator Burns and Johnson does 
     not eliminate the CDL requirement for all drivers in all 
     states. It does, however, provide States the opportunity to 
     determine the appropriate level of regulation which should be 
     applied to this important segment of the agriculture 
     industry.
       We urge you contact Senator Conrad Burns (Randall Popelka 
     224-2644) or Senator Tim Johnson (Sarah Dahlin 224-5842) and 
     join them in ensuring that custom harvesters and agriculture 
     processors are able to continue providing this safe, 
     professional, efficient and competitive service which 
     benefits all Americans.
           Sincerely,
       American Farm Bureau Federation; National Barley Growers 
     Association, National Cotton Ginners Association; U.S. Custom 
     Harvesters, Inc.; National Association of Wheat Growers; 
     National Cotton Council, and the National Grain Sorghum 
     Producers Association.
                                 ______
                                 
      By Mr. BINGAMAN (for himself and Mr. Domenici):
  S. 1091. A bill to amend title 23, United States Code, to provide for 
maintenance of public roads used by schoolbuses serving certain Indian 
reservations; to the Committee on Environment and Public Works.


      THE INDIAN RESERVATION SCHOOL ROADS MAINTENANCE ACT OF 1997

  Mr. BINGAMAN. Mr. President, I rise today to introduce the Indian 
Reservation School Roads Maintenance Act of 1997. This bill, which is 
being cosponsored by my colleague from New Mexico, Senator Domenici, 
addresses a unique situation with respect to roads in and around Indian 
reservations and nearby counties that is actually preventing children 
from getting to and from school safely. Because of the unique nature of 
this situation, it can only be addressed at the Federal level.
  I would like to start with an example of this unique problem and why 
I believe a Federal solution is necessary. As you can see, Mr. 
President, this first chart is a map of the Navajo Reservation in New 
Mexico, Arizona, and Utah. The Navajo Nation is by far the Nation's 
largest Indian reservation, covering 25,000 square miles. To give you 
an idea of its size, there are 10 States that are smaller than this 
reservation. For instance, it is the same size as the State of West 
Virginia.
  According to the Bureau of Indian Affairs, there are 9,000 miles of 
roads that serve the Navajo Nation. Only one-fifth of these roads are 
paved--the rest, over 7,000 miles, are dirt roads. The schoolbuses have 
to use nearly all of the 9,000 miles of roads each and every day to get 
the kids to and from school.
  About 6,400 miles of these roads on the reservation are BIA roads and 
over 2,500 miles are State and county roads. All public roads within, 
adjacent to, or leading to the reservation, including BIA, State, and 
county roads, are considered part of the Indian reservation road 
system. However, only BIA roads are eligible for Federal maintenance 
funding from BIA, and generally, construction and improvement funding 
from the Federal Lands Highways Program in ISTEA is applied to BIA 
roads. On the other hand, States and counties are responsible for 
maintenance and improvement of their roads.
  Mr. President, the Federal Government is asking the States and 
counties to bear too large a burden for road maintenance in this unique 
situation, given the resources most of these counties have. For 
example, counties around the Navajo Reservation are predominantly 
comprised of Federal or tribal lands. Three-quarters of McKinley County 
in my State of New Mexico is either tribal or Federal land, including 
BLM, Forest Service, and military. This next map is of McKinley County, 
and as you can see, Mr. President, everything shown on this map that is 
either orange, yellow, green, or red, is tribal or Federal land. The 
Indian land area alone comprises 61 percent of the county. As you can 
see, everything else is county land, which is a very small fraction of 
total land area. Therefore, there is a very small tax base on which the 
county can rely as a source of revenue for maintenance purposes. The 
picture for San Juan County in the northwest corner of New Mexico is 
very much the same.
  Mr. President, families living in and around the reservation are no 
different from families anywhere else; their children are entitled to 
the same opportunity to get to school safely and get a good education. 
However, the miles and miles of unpaved, deficient roads in this vast 
area are frequently impassable. If the schoolbuses don't get through, 
the kids simply cannot get to school.
  Of the 600 miles of county-maintained roads in McKinley County, 550 
miles serve Indian land. Because of the vastness of the reservation, 
this is a cost that the counties in New Mexico, Arizona, and Utah 
simply cannot and should not have to bear without Federal assistance. 
Indeed, because of the large tribal and Federal presence in these 
counties, it is encumbent upon the Federal Government to provide this 
assistance.
  What my bill does is set aside $10 million from the highway trust 
fund that counties such as these can apply for to help maintain the 
roads used by schoolbuses to carry children to school or to a Headstart 
program. Let me be very clear: these Federal funds can be used only on 
roads that are located within, or that lead to the reservation, that 
are on the State or county maintenance system, and that are used by 
schoolbuses.
  Let me just state again, Mr. President, that maintaining schoolbus 
routes in this vast area is a unique problem that only the Federal 
Government can effectively deal with.
  I don't believe any child wanting to get to and from school safely 
should have to risk or tolerate unsafe roads. Kids today, particularly 
in rural areas, already face enough barriers to getting a good 
education. I ask all Senators to join with me in assuring that all 
schoolchildren at least have a chance to get to school safely and have 
an opportunity for an education. I urge all of my colleagues to support 
this bill.
  Mr. President, I ask unanimous consent that the full text of the 
bill, a summary, a McKinley County Commission resolution, a letter from 
the McKinley County road superintendent, David Acosta, and a letter 
from the Northwest New Mexico Council of Governments be included in the 
Record.
  There being no objection, the items were ordered to be printed in the 
Record, as follows:

                                S. 1091

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. INDIAN RESERVATION SCHOOL ROADS.

       (a) Funding.--Section 1003(a)(6) of the Intermodal Surface 
     Transportation Efficiency Act of 1991 (Public Law 102-240; 
     105 Stat. 1919) is amended by adding at the end the 
     following:
       ``(D) Indian reservation school roads.--For maintenance of 
     Indian reservation school roads $10,000,000 for each of 
     fiscal years 1998 through 2003.''.
       (b) Definition of Indian Reservation School Road.--Section 
     101 of title 23, United States Code, is amended by inserting 
     after the undesignated paragraph defining ``Indian 
     reservation roads'' the following:
       ``The term `Indian reservation school road'' means a public 
     road that--
       ``(A) is within, is adjacent to, or provides access to an 
     Indian reservation (including associated trust land and 
     restricted Indian land) having a land area of 10,000,000 
     acres or more; and
       ``(B) is used by a school bus to transport children to or 
     from a school or Headstart program.''.
       (c) Maintenance Under the Federal Lands Highways Program.--
     Section 204 of title 23, United States Code, is amended--
       (1) in the first sentence of subsection (a) by striking 
     ``and Indian reservation roads'' and inserting ``Indian 
     reservation roads, and Indian reservation school roads'';
       (2) in subsection (b), by inserting after the second 
     sentence the following: ``Funds available for Indian 
     reservation school roads shall be used by the Secretary to 
     pay for the cost of maintenance of Indian reservation school 
     roads in accordance with subsection (k).'';
       (3) in the last sentence of subsection (c), by striking 
     ``The Bureau'' and inserting ``Subject to subsection (k), the 
     Bureau''; and
       (4) by adding at the end the following:

[[Page S8365]]

       ``(k) Indian Reservation School Roads.--
       ``(1) Funding.--A State or county with an Indian 
     reservation school road on its maintenance system may apply 
     for funding from the Secretary for maintenance of the Indian 
     reservation school road, which the Secretary may grant if the 
     Secretary determines that funding for maintenance of the road 
     from other sources is not sufficient to provide maintenance 
     that ensures the safety and welfare of children being 
     transported in a school bus to and from a school or Headstart 
     program.
       ``(2) Method of contracting.--All maintenance work funded 
     under this subsection shall be performed--
       ``(A) by contract awarded by competitive bidding; or
       ``(B) by a State or county that the Secretary has 
     determined has the ability to administer efficiently funds 
     granted for the maintenance of Indian reservation school 
     roads.
       ``(3) Supplementary funding.--The Secretary shall ensure 
     that funding made available under this subsection for 
     maintenance of Indian reservation school roads for each 
     fiscal year is supplementary to and not in lieu of any 
     obligation of funds by the Bureau of Indian Affairs for road 
     maintenance programs on Indian reservations.''.
                                  ____


 Bill Summary--Indian Reservation School Roads Maintenance Act of 1997

       The bill creates a new category of funding called ``Indian 
     reservation school roads'' in the existing Federal Lands 
     Highways Program (ISTEA, section 204 of title 23). This new 
     category is in addition to the existing Indian reservation 
     roads category. The authorized level of funding is $10 
     million per year for six years from the Highway Trust Fund, 
     other than the mass transit account.
       Indian reservation school roads are defined to be public 
     roads that are within, adjacent to, or provide access to an 
     Indian reservation (including associated Indian trust lands 
     and restricted Indian lands) with a land area of at least 10 
     million acres and are used by school buses to transport 
     children to or from school or Headstart programs.
       A state or county with an Indian reservation school road on 
     its maintenance system may apply to the Secretary of 
     Transportation for funding for maintenance of a school bus 
     road. The Secretary may grant funding if the Secretary 
     determines the roads are not being maintained adequately to 
     ensure the safety and welfare of children being transported 
     to and from school or headstart program.
       Maintenance work shall be performed by contract awarded by 
     competitive bidding or by a state or county that the 
     Secretary has determined has the ability to administer funds 
     granted for the maintenance of Indian reservation school 
     roads.
       Funds provided for maintenance of Indian reservation school 
     roads is supplemental to any funding for maintenance of 
     Indian reservation roads provided by the Bureau of Indian 
     Affairs.
                                  ____


   State of New Mexico, County of McKinley, Resolution No. SEP-96-078

       Whereas, the McKinley County Board of Commissioners has 
     entered into a intergovernmental agreement with the Navajo 
     Nation and the Bureau of Indian Affairs (BIA) to provide road 
     maintenance on school bus routes within the McKinley County 
     portion of the Navajo Nation; and
       Whereas, McKinley County, the Navajo Nation and the BIA are 
     aware of the many additional miles of roads on the 
     reservation that are used for school bus routes but are not 
     maintained due to a shortfall in maintenance funds; and
       Whereas, the maintenance of school bus routes is necessary 
     and a benefit to Navajo students and will provide continued 
     access to the public education system in McKinley County; 
     Now, therefore be it
       Resolved, That McKinley County requests that in the 
     reauthorization of the ISTEA program in 1997 that the United 
     States Congress allow twenty-five percent (25%) of those 
     funds allocated to the Navajo Nation for new road 
     construction, be set aside for maintenance of existing school 
     bus routes.
       Passed, approved and adopted by the governing body at its 
     meeting of September 30, 1996.
                                  ____



                                           County of McKinley,

                                      Gallup, NM, August 29, 1996.
     Hon. Jeff Bingaman,
     Senator, New Mexico,
     Senate Office Building, Washington, DC.
     Attention: Mr. Steve Clemens
       Dear Steve: McKinley County is responsible for the 
     maintenance of approximately 591.343 miles of roadway. 
     Approximately 450 miles consist of unimproved dirt roads. The 
     majority of roads serve as school bus routes for the Gallup-
     McKinley County Schools, BIA Schools, and several private and 
     parochial schools. McKinley County is comprised of 
     approximately 5,454 total square miles, with approximately 
     61% of the land base classified as Native American and BIA 
     lands. McKinley County has approximately 540 miles of 
     maintained roads which provide access to and within the 
     Indian Reservation, Indian Trusts Lands, and Restricted 
     Indian Lands.
       Our request is that the upcoming Intermodal Service 
     Transportation Efficiency Act (ISTEA) legislation be modified 
     to provide greater flexibility in the use of ISTEA funds on 
     local roadways, or modify the upcoming reauthorized version 
     of ISTEA to establish a ``Rural Area Set Aside for Local 
     Roads''. McKinley County would benefit greatly if County 
     Government could become eligible under the Indian Reservation 
     Roads (IRR) set aside funding. Currently the funding consists 
     of $191 million dollars per fiscal year which is allocated 
     directly to Indian Tribes and BIA.
       The current legislation prohibits the use of ISTEA Surface 
     Transportation Funds for any roads that are functionally 
     classified as local or rural minor collectors. Since 
     virtually all County roads fall under this category, counties 
     throughout the nation do not currently qualify for ISTEA 
     funding.
       On behalf of all counties within New Mexico, we are 
     requesting that the reauthorization of ISTEA funding have the 
     specific language which will provide funding for County 
     Government.
       If you have any questions or need further clarification, 
     please do not hesitate to notify me at (505) 722-7171. Thank 
     you for your assistance and support to McKinley County.
           Sincerely,
                                                  David J. Acosta,
     Road Superintendent.
                                  ____

                                              Northwest New Mexico


                                       Council of Governments,

                                        Gallup, NM, July 25, 1997.
     Hon. Jeff Bingaman,
     U.S. Senate, Hart Building,
     Washington, DC.
       Dear Senator Bingaman: I am writing to express my support 
     and endorsement of your proposed bill pertaining to school 
     bus route roads on the Navajo Nation Reservation. (An 
     amendment to Section 1000 (a)(6) of the Intermodal Surface 
     Transportation Efficiency Act of 1991) The school bus routes 
     in northwest New Mexico, like much of the road network in the 
     region, are not well maintained. McKinley and San Juan 
     Counties public school systems, the BIA, and private schools 
     all provide educational opportunities to children on the 
     Navajo Reservation. The counties' school system, and school 
     bus route system is extensive, yet there are not adequate 
     funds to maintain school bus routes at the county level. 
     Other routes and counties in and around the Navajo 
     Reservation have these same problems.
       This additional funding would allow the county school 
     systems to provide safe, adequate transportation of children 
     on the reservation to and from school.
       Please contact me if you have any questions.
           Sincerely,
                                               Patricia Lundstrom,
                                               Executive Director.
                                 ______
                                 
      By Mr. MURKOWSKI:
  S. 1092. A bill to provide for a transfer of land interests in order 
to facilitate surface transportation between the cities of Cold Bay, 
AK, and King Cove, AK, and for other purposes; to the Committee on 
Energy and Natural Resources.
  Mr. MURKOWSKI. Mr. President, today I rise to introduce legislation 
to benefit one of Alaska's most isolated regions, the Alaska Peninsula. 
This bill, The Izembek Refuge Land Exchange Act, provides a balanced 
approach to a difficult problem. In this remote area, there is a small 
Aleut Native village, King Cove, which is completely isolated from 
other Alaska cities and towns, and the rest of the world. The only way 
you can get to King Cove is by air or sea. And in this part of Alaska, 
the weather is so bad that neither sea or air is very reliable.
  My bill will permit King Cove to be connected to the rest of the 
world through a road link to Cold Bay, a regional center, and the 
location of a good, all weather airport which can provide year round 
and emergency medical evacuation for the residents of King Cove. 
Currently, when somebody is injured or gravely ill, treatment is at the 
mercy of weather and sea conditions.
  Mr. President, King Cove is a tough place to live and the residents 
are tough and independent people. Their ancestors migrated to this part 
of the State thousands of years ago and have made a life out of this 
area with its rich bounty of fish. But people get sick there just like 
any place in the country, emergencies happen there more than most other 
places in America because the lifestyle is so close to the edge.
  We have had long debates in this body this year about access to 
health care. Nowhere does this take on a more dramatic meaning than in 
King Cove. When I say access, I mean access. That means the actual 
physical ability to get to a hospital in Anchorage or Seattle to get 
the specialized health care needed in the event of a serious emergency 
or sickness. Right now, the residents of King Cove do not have this 
access. Since 1981, 11 air crash fatalities have occurred flying 
residentS from King Cove to Cold Bay. Numerous other crashes have also 
occurred, luckily without fatalities.

[[Page S8366]]

  Many of these crashes involved flying injured or sick people out of 
King Cove in an attempt to get emergency care. Often the trip to care 
is as dangerous as the infliction itself. For example, in 1981, a 
medivac plane was forced to leave King Cove for an emergency/life and 
death rescue mission. There was no alternative to this flight and the 
plane crashed. Four people died including the pilot and the medivac 
victim. Six years ago another fatal crash occurred with six people 
killed. The list goes on.
  This is a terrible place to have to fly out of if you cannot afford 
to wait. On medical emergencies, nobody can afford to wait. These 
residents are predominantly Alaska Natives, Aleuts for the most part. 
They have a good Alaska Native hospital available to them in Anchorage. 
In fact, thanks to this body, it is a new hospital with great 
facilities. But it might as well be on the dark side of the Moon for 
the residents of King Cove. When they need it, they can't be sure they 
will be able to get to it.
  This legislation provides the solution by allowing ground access to 
an all-weather runway only 30 miles from King Cove in Cold Bay. In 
fact, thanks to World War II, Cold Bay has the third longest runway in 
the State. The runway has modern all weather equipment such as 
instrument landing systems and many other modern landing system 
improvements. In the past 4 years, the Cold Bay airport has seen only 
one instance in which air traffic from Anchorage could not land. It is 
safe to say that air operations can occur here in virtually all weather 
and can accommodate the King Cove emergency needs at all times. With no 
road between King Cove and Cold Bay there will be no hope for those 
seeking help. My bill would provide a land exchange that will permit 
the road to be built between King Cove and Cold Bay. This is the 
reasonable solution.
  Mr. President, there is a need for this road, but there will be 
concerns raised because most of that road will be sited through the 
Izembek National Wildlife Refuge. This is unavoidable. The refuge is 
located completely astride the route between King Cove and Cold Bay. 
This is nobody's fault, and I know that the Fish and Wildlife Service 
has concerns. I also have concerns and my constituents and I are 
prepared to do what it takes to minimize the impact of this road on the 
surrounding area and resources.
  The King Cove Corp. has proposed an exchange for valuable wetlands it 
owns near the refuge for the road right of way. The bulk of the right 
of way is already owned by King Cove as an inholding in the refuge. 
Only 7 miles is not owned by King Cove and this is the Federal land 
which would be exchanged under my bill. That portion is in the 
wilderness portion of the refuge, but there is no alternative to this 
except further danger to my constituents and the inevitable death and 
destruction to future victims of the next air crash.
  Mr. President, I stand ready to work with the Fish and Wildlife 
Service to make this as constructive process as possible, but make no 
mistake, it is absolutely critical that this road be built. My 
constituents deserve a way to save their lives in times of emergency. 
They cannot be hostage to fear for life and limb.
                                 ______
                                 
      By Mr. KERRY (for himself and Mr. McCain):

  S. 1093. A bill to extend nondiscriminatory treatment (most-favored-
nation treatment) to the products of the Lao People's Democratic 
Republic, and for other purposes; to the Committee on finance.


   LAO PEOPLE'S DEMOCRATIC REPUBLIC MOST- FAVORED-NATION LEGISLATION

  Mr. KERRY. Mr. President, today I am introducing legislation, along 
with Senator McCain, to extend nondiscriminatory treatment most-
favored-nation treatment to the products of the Lao People's Democratic 
Republic. To avoid confusion, let me say at the outset that this bill, 
if enacted into law, would not give Laos special tariff treatment but 
rather put it on a par with the vast majority of our trading partners. 
This bill is identical to H.R. 2132, introduced in the House of 
Representatives by Congressman Crane. The administration strongly 
supports this bill.
  Recognizing the importance of a free market economy to economic 
growth and development, Laotian political leaders, in the late 1980's, 
made a fundamental decision to abandon Laos' centrally planned economic 
system and adopt free market reforms. Since taking this decision, the 
Laotian Government has embarked upon a constant process of reform. Over 
90 percent of the 600 state-owned enterprises have been privatized. The 
foreign investment code, first adopted in 1989, was further liberalized 
in 1994 to make it consistent with World Trade Organization [WTO] 
standards. Laotian tariffs have been consistently reduced. An import-
export regime consistent with WTO standards has been legislated. In 
1995 an intellectual property, patent and trademark protection law was 
enacted. Laos has complied with International Monetary Fund guidelines 
on fiscal policy, instituted making reforms, and is following stringent 
fiscal management to reduce inflation.
  In recognition of these developments, the Association of Southeast 
Asian Nations [ASEAN] admitted Laos as a member this month. The Laotian 
Government is now revising its laws and regulations, as necessary, to 
be consistent with ASEAN and ASEAN free trade agreement requirements.
  The United States and Laos have also taken steps to improve bilateral 
economic relations. Last year, an OPIC agreement was successfully 
negotiated. The U.S. Trade Representative's Office and Laotian 
officials are currently negotiating a bilateral trade agreement, which 
will also meet WTO standards.
  Reform in the economic area has been accompanied by major political 
changes as well in Laos. All but three political prisoners from the 
Southeast Asian war era have been released. In 1990 the Laotian 
Government adopted a constitution and bill of rights based on 
principles enshrined in the U.S. Constitution. In fact, American 
lawyers, serving as consultants, played a major role in writing these 
documents. Nationwide elections by secret ballot in 1992 led to the 
creation of a new National Assembly. Although still a one-party state, 
it is worth noting that individual candidates did not have to be 
Communist Party members to run in the elections, and in fact, several 
members of the assembly are not Communist Party members. The Laotian 
Government is also making a concerted effort to enhance the 
independence of the judiciary.
  The United States and Laos have established good working relations, 
particularly on two issues of great importance to us--POW/MIA and 
counter narcotics. Extending MFN to Laos makes sense economically, in 
terms of the Laotian commitment to economic reform, and in terms of our 
overall bilateral relationship.
  Mr. President, I ask unanimous consent that the full text of the bill 
be printed in the Record.
  There being no objection, the bill ordered to be printed in the 
Record, as follows:

                                S. 1093

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION I. CONGRESSIONAL FINDINGS.

       The Congress finds that--
       (1) the Lao People's Democratic Republic is striving to 
     shed centralized government control of its economy in favor 
     of market-oriented reforms;
       (2) extension of unconditional most-favored-nation 
     treatment would assist the Lao People's Democratic Republic 
     in developing its economy based on free market principles and 
     becoming competitive in the global marketplace;
       (3) establishing normal commercial relations on a 
     reciprocal basis with the Lao People's Democratic Republic 
     will promote United States exports to the rapidly growing 
     Southeast Asian region and expand opportunities for United 
     States business and investment in the Lao People's Democratic 
     Republic economy;
       (4) United States and Laotian commercial interests would 
     benefit from a commercial agreement between the United States 
     and the Lao People's Democratic Republic providing for market 
     access and the protection of intellectual property rights;
       (5) economic reform in the Lao People's Democratic Republic 
     is increasingly important as that country integrates into the 
     ASEAN free-trade area and accedes to the World Trade 
     Organization; and
       (6) expanding bilateral trade relations that include a 
     commercial agreement may promote further progress by the Lao 
     People's Democratic Republic on human rights and democratic 
     rule and assist that country in adopting regional and world 
     trading rules and principles.

[[Page S8367]]

     SEC. 2. EXTENSION OF NONDISCRIMINATORY TREATMENT TO THE 
                   PRODUCTS OF THE LAO PEOPLES DEMOCRATIC 
                   REPUBLIC.

       (a) Harmonized Tariff Schedule Amendment.--General note 
     3(b) of the Harmonized Tariff Schedule of the United States 
     is amended by striking ``Laos''.
       (b) Effective Date.--The amendment made by subsection (a) 
     applies with respect to goods entered, or withdrawn from 
     warehouse for consumption, on or after the effective date of 
     a notice published in the Federal Register by the United 
     States Trade Representative that a trade agreement obligating 
     reciprocal most-favored-nation treatment between the Lao 
     People's Democratic Republic and the United States has 
     entered into force.

     SEC. 3. REPORT TO CONGRESS.

       The President shall submit to the Congress, not later than 
     18 months after the date of the enactment of this Act, a 
     report on the trade relations between the United States and 
     the Lao People's Democratic Republic pursuant to the trade 
     agreement described in section 2(b).

                          ____________________