[Congressional Record Volume 144, Number 101 (Friday, July 24, 1998)]
[Senate]
[Pages S8953-S8956]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 DEPARTMENT OF TRANSPORTATION AND RELATED AGENCIES APPROPRIATIONS ACT, 
                                  1999

  The PRESIDENT pro tempore. Under the previous order, the Senate will 
now resume consideration of the Department of Transportation 
appropriations bill, S. 2307, which the clerk will report.
  The assistant legislative clerk read as follows:

       A bill (S. 2307) making appropriations for the Department 
     of Transportation and related agencies for the fiscal year 
     ending September 30, 1999, and for other purposes.

  The Senate resumed consideration of the bill.
  Mr. LAUTENBERG. Mr. President, the Senate's Transportation 
Appropriations bill for fiscal year 1999 which the Senate will approve 
today is of vital importance to the state of New Jersey. As the most 
densely populated state in the nation, efficient and effective 
transportation is critical to the economic well being of my state, as 
well as to the quality of life of its residents.
  The Senate's transportation appropriations bill provides over $900 
million in transportation investments to my state. In addition, New 
Jersey will receive tremendous benefits from investments in Amtrak 
services, in the William J. Hughes FAA Technical Center in Pomona, in 
the U.S. Coast Guard training center in Cape May, the Coast Guard air 
station in Pomona, and in the airports in our state, particularly 
Newark International Airport. This investment provides good paying jobs 
in the short-term, and in the long-term, it will create and maintain 
the infrastructure that New Jersey needs to attract and keep a strong 
workforce. Ultimately, these investments will serve to reduce 
congestion, improve air quality, and enhance New Jerseyans' quality of 
life.
  Mr. President, I would like to highlight some of the important 
provisions in the Senate's bill which I was able to secure for the 
Garden State.
  Transit is an intricate part of Northern New Jersey's transportation 
plan. The single largest component of New Jersey's mass transit 
initiatives is the Urban Core. I was pleased to secure $70 million that 
will go toward additional design and construction of the Hudson-Bergen 
Light Rail link. This rail line will reduce congestion and increase 
mobility, and will spur economic development in the communities along 
the Hudson County waterfront and into Bergen County. It will improve 
air quality, and provide needed construction, operation and maintenance 
jobs.
  In addition, the $12 million that is provided for the Newark-
Elizabeth Rail Link is the first significant infusion of federal 
dollars that will seriously initiate this project. This mass transit

[[Page S8954]]

project will first link Broad Street Station to Penn Station in Newark, 
extending past Newark International Airport, through the City of 
Elizabeth and into Union County. Also part of Urban Core, the Newark-
Elizabeth Rail Link is an integral part of the ``Circle of Mobility'' 
that will serve to reduce congestion, improve air quality, and enhance 
New Jerseyans' quality of life. To date I have secured over $600 
million for Urban Core projects.
  In addition to the Urban Core and transit formula assistance, the 
bill makes a number of bus and bus facility projects eligible for 
federal assistance. Among those are the Market Street bus maintenance 
facility in Paterson, New Jersey Transit jitney shuttle buses, Newark, 
Morris and Essex Station access and buses, the South Amboy regional 
intermodal transportation initiative and New Jersey Transit clean fuel 
buses.
  The bill also allocates $4 million to the National Transit Institute 
at Rutgers University, of which $1 million will go toward mass transit 
workplace safety training.
  Mr. President, I strongly believe that Amtrak is a critical component 
of our nation's transportation system, particularly in New Jersey and 
throughout the Northeast corridor. It provides safe and effective 
transportation to millions of customers every year, reducing congestion 
on our roads and in our skies. If Amtrak were not operating, there 
would be 18,000 cars a day on New Jersey's already dense highways. This 
is untenable for my state. Despite many difficulties, I am pleased that 
the Senate bill provides $555 million for Amtrak's national rail 
operations. This funding is in addition to the $2.2 billion in capital 
funding provided by the Amtrak Reform and Accountability Act of 1997. 
This investment will allow Amtrak to continue its operations for 
another year and further enable it to reach its goal of self-
sufficiency by 2002.
  Mr. President, the bill also includes a general provision concerning 
a High Occupancy Vehicle lane along I-287 in New Jersey. The provision 
would allow the state to remove the HOV restrictions without being 
required to reimburse the federal government for construction costs. A 
few years ago, I secured $140 million for the HOV lane in an 
appropriations bill at the request of the state. Now operational, the 
HOV lane is clearly not working, as only 72 cars an hour are using the 
lane, significantly less than the 600 cars expected. Currently, a state 
can appeal to the federal government to decommission an HOV lane 
without having to pay back the funds if it successfully makes the case 
that it is not ``in the public interest.'' Since the I-287 lane was 
directed by statute, the federal government does not have the authority 
to approve a state's appeal. The general provision allows New Jersey to 
appeal to the Federal Highway Administration that the lane is not in 
the public interest, and if the Secretary concurs, the state will not 
have to pay back the $140 million. No one is more committed to cleaner 
air, energy conservation, and innovations to cut traffic congestion 
than I. HOV lanes have worked in certain settings and I support them 
where they are successful. But, in New Jersey, it may be that our 
traffic patterns, work schedules and other issues make it difficult for 
the I-287 HOV lane to work. This provision removes a significant 
financial hurdle if the HOV lane is proven to be a failed lane.
  Mr. President, to make roads in New Jersey as productive as possible, 
the Senate bill includes $6 million for intelligent transportation 
system initiatives in New Jersey. These funds will go to advance 
projects already underway and managed by TRANSCOM, a consortium of 14 
state and local agencies in the NY/NJ/CN metropolitan area. TRANSCOM is 
responsible for developing and coordinating the region's traffic 
management and incident detection system through the deployment of 
significant investments in intelligent transportation systems. Over 
half of the congestion on the region's roadways is due to traffic 
incidents and it is TRANSCOM's mission to improve inter-agency response 
to such incidents.
  Mr. President, transportation is the lifeblood of New Jersey and 
aviation is in the center of it. I am pleased to cite a number of 
provisions in this bill that improve upon the state's aviation system. 
First, the bill includes $11 million for the redesign of national air 
space, of which $3 million will be used to focus the FAA's efforts of 
redesigning the airspace in the New Jersey/New York metropolitan area. 
This funding will kick-off the redesign process, which will hopefully 
alleviate congestion and improve aircraft operations in the region's 
already dense and complex airspace, leading to fewer delays and reduced 
air noise levels. I was also pleased to secure $100,000 for a 
``technical assistance grant'' for a community group to retain the 
services of an expert to ensure that citizens are represented and 
included during the FAA's redesign effort.
  I was also pleased to secure funding that will greatly improve 
operations at Newark International Airport. The bill provides $2 
million to begin work on installing state-of-the-art radar upgrades and 
runway-monitoring improvements that will reduce delays and enhance 
safety at the airport. Moreover, the bill includes report language that 
recognizes the cooperative effort among the FAA, the Port Authority of 
New York/New Jersey, and airport users to make Newark Airport among the 
best in the country. The language directs the FAA to report quarterly 
on the progress of the cooperative working group and outlines the 
various equipment and initiatives that are priorities for the airport.
  The bill also includes report language expressing concern about 
staffing and equipment needs at New Jersey/New York area towers, the 
New York TRACON and the New York Air Traffic Control Center. This 
language will serve to direct the FAA to do all it can to improve the 
safety and efficiency of these facilities. And, the bill includes a 
provision directing the FAA to ensure that the air traffic controllers 
serving all the major FAA facilities in the region--air traffic control 
towers, the New York TRACON and the New York Center--are compensated 
equally. The FAA's proposed reclassification scheme would create a pay 
gap that does not recognize the equity of the work performed at the 
facilities and will force the experienced controllers serving the 
towers to go to the Center and the TRACON. The language prevents this 
from happening.
  Moreover, the bill fully funds the Hughes Technical Center in Pomona. 
The Technical Center is the world's premier aviation testing and 
development center, with state-of-the-art facilities and an impressive 
workforce. The bill provides funding to continue the good work at the 
Tech Center.
  Mr. President, I strongly supported funding for the Office of 
Pipeline Safety, and I am pleased that the bill provides $32.7 million 
for pipeline safety programs, with $1 million set aside for One-Call 
programs. These programs require anyone who is going to dig--
contractors, utilities, for example--to find out the exact location of 
pipelines before they break ground. We in New Jersey know all too well 
the damage that a pipeline accident can have on victims of pipeline 
eruptions, and particularly to the community. Four years ago, around 
midnight, on March 24, 1994, a major natural gas pipeline ruptured in 
Edison, New Jersey, a densely populated, urban environment. This 
rupture caused a deafening boom, awakening residents of the Durham 
Woods apartment complex and changing their lives forever. The explosion 
was caused by third party damage, something a strong one-call program 
would address. Thus, the bill includes language emphasizing the 
importance of One-Call programs in preventing accidents. Two-thirds of 
all pipeline accidents are caused by people who dig without knowing of 
the locations of pipelines.
  Mr. President, the bill also provides $2 million for the Biomechanics 
Consortium, of which the University of Medicine and Dentistry of New 
Jersey (UMDNJ) is a member. These institutions study the effects of 
motor vehicle crash injuries on adults and children, resulting in the 
deployment of more effective life-saving safety devices. These life-
saving funds are extremely important and I am pleased that the bill 
funds this program.
  Mr. President, the Coast Guard has an important presence in our state 
and I am pleased that it is well funded. In addition to the assistance 
provided to the air station in Pomona and the training center in Cape 
May, the bill fully funds the Coast Guard's Container Inspection 
Program (CIP) at $3.6

[[Page S8955]]

million. The CIP addresses environmental and safety problems posed by 
improper transport of containerized hazardous materials into U.S. 
ports. I established this program in 1994 to address the environmental 
and safety problems posed by improper transport of containerized 
hazardous materials into U.S. ports. This was highlighted by the 1992 
Santa Clara casualty, in which several containers of highly toxic 
arsenic trioxide were lost overboard off the New Jersey coast, posing a 
substantial threat to the marine environment and its resources. 
Following this, the Coast Guard conducted intensive, targeted 
inspections and discovered wanton and widespread violations of 
container handling and packaging regulations. This program serves to 
prevent such casualties and protect the marine environment.
  Mr. President, having better, more efficient transit systems, roads, 
airports and all other transportation systems will improve the quality 
of life for thousands of residents and visitors to New Jersey on a 
daily basis. I am glad that as Ranking Minority Member of this 
Transportation Appropriations Subcommittee I was able to secure this 
funding, as well as the bill and report language for New Jersey. I 
appreciate the generosity shown by the Chairman of the Subcommittee, 
Senator Richard Shelby, who has been most cooperative and helpful 
throughout the process. His work will serve all New Jerseyans and the 
nation well.
  Mrs. MURRAY. Mr. President, I rise today to extend my strong support 
for S. 2307, the Department of Transportation's Appropriations Bill for 
FY 1999. This funding comes at a critical time for our nation and in 
particular, Washington state.
  Mr. President, as I fly home each weekend, I join thousands of other 
commuters in the Puget Sound Region immersed in daily and agonizing 
gridlock. Our State Department of Transportation is working furiously 
to construct HOV lanes, park and rides and additional interchanges. I 
applaud our State Secretary Sid Morrison for his innovative thinking 
and leadership during this time of enormous growth.
  Our region's economic boom has brought many advantages, however, its 
impact on mobility in the region has been dramatic and continually 
frustrates motorists. This bill will provide much needed relief for our 
Puget Sound Region and for infrastructure improvements throughout 
Washington state. I am most pleased that I was able to work with the 
committee to secure $60 million for the Puget Sound's Regional Transit 
Authority, known as Sound Move. This will include $47 million for 
commuter rail between Seattle and Tacoma and $13 million to begin light 
rail construction.
  Additionally, I want to express my support for the committee's work 
in funding the Elliot Bay Water Taxi, the Columbia River Marine Fire 
and Safety Association, ITS systems near Spokane's SR 395, airport 
improvements at Everett's Paine Field, Boeing Field and the Pullman 
Airport. These projects are vital to our region's multi-modal planning. 
The linking of car, bus, bike, ferry, plane, train and pedestrian has 
become the framework of every infrastructure decision.
  I wanted to personally thank Chairman Shelby and our Ranking Member, 
Senator Lautenberg for their dedicated work. Their combined efforts and 
leadership on our subcommittee have produced enormous results that will 
be felt by generations to come. I am pleased to see our commitment to 
Amtrak, the Coast Guard, FAA and the National Highway Traffic Safety 
Administration. I am committed to helping this bill remain in 
conference and urge my colleagues to support this important 
legislation.
  Our work today is wonderful news for the millions of Americans 
sitting right now in parking lots which were once called highways.
  Ms. MOSELEY-BRAUN. Mr. President, this legislation includes critical 
funding for our nation's airports, roads, mass transit systems, and 
other transportation. I want to particularly thank the managers of the 
bill for including funding for Amtrak, and for a number of key projects 
important to Illinois, including funding for Metra, Metro Link, and the 
Chicago Transit Authority.
  I am disappointed that the legislation includes an amendment, added 
last night, that provides for expedited review of court challenges to 
the DBE program. I hope that the conferees on this bill will see fit to 
drop this ill-advised and unnecessary intrusion into hundreds years of 
judicial process.


              federal lands highway program (Highway 323)

  Mr. BURNS. Mr. President, I would like to clarify the Committee's 
intent regarding the directive to the Secretary to make funds available 
for Highway 323 in Southeastern Montana.
  Under the Federal Lands Highway Program, the Secretary is to make 
funds available to conduct the environmental review, design and, to the 
extent possible, right-of-way acquisition for the future phased 
construction to a paved secondary road standard for 50.4 miles along 
Highway 323 between the communities of Alzada, Montana and Ekalaka, 
Montana.
  This additional language needs to be recognized in order to 
discourage duplication of work that has already been completed.
  Mr. SHELBY. I agree with the Senator of Montana.


               federal lands highway program (highway 93)

  Mr. BURNS. Mr. President, I would like to clarify the Committee's 
intent on a couple of different issues in the Transportation 
Appropriations bill. Under the Federal Lands Highway Program account, 
two separate highway issues are addressed. I would like to ensure the 
Secretary is aware of the importance of both of these highway issues.
  The first, is in Northeastern Montana. Highway 93 is the primary 
route from Interstate 90 to the Flathead Valley and Glacier National 
Park. This area is growing in recreational popularity. This beautiful 
valley is home to Flathead Lake. Located between Kalispell and Polson, 
this is the largest freshwater lake west of the Mississippi.
  Glacier National Park receives numerous visitors by air and train. 
But the most popular means to reach the park is by Highway 93.
  Big Mountain recreational ski area is located to the north of the 
Valley. This resort area is a year-round attraction for outdoor 
enthusaiasts--many of whom drive to the area by way of Highway 93.
  I often travel this highway to visit my constituents on the Salish 
and Kootenai Indian reservation as well as my constituents in 
Kalispell, and Northwest Montana. Recently on this highway, I noticed I 
was literally traveling in bumper to bumper traffic. This is not a 
common phenomenon in Montana but the increased summer traffic in this 
area has many of the local users concerned about their safety and the 
safety of their passengers.
  For nearly thirty years, Montana's American Legion has taken on the 
responsibility to remind drivers of the dangers of highway travel by 
placing a white cross along the roadside. The roadside along Highway 93 
is littered with these white crosses.
  As a result of the public outcry to help reduce the number of 
accidents on this highway, I, on behalf of the Montana Department of 
Transportation, would like to ask the Committee to direct the Secretary 
to authorize and release all funds designated for the four-lane 
expansion of Highway 93. I would also like to ask the Committee to 
direct the Secretary to withdraw the Federal Highway Administration's 
record of decision requiring resolution at the State, local and tribal 
levels.
  Mr. SHELBY. I understand the concern expressed by my colleague from 
Montana. It is the intent of the Committee that the Secretary should 
act as we have encouraged him to and I will work with you in conference 
to clarify that.
  The PRESIDENT pro tempore. Under the previous order, the question is, 
Shall the bill, S. 2307, as amended, pass? The yeas and nays have been 
ordered. The clerk will call the roll.
  The assistant legislative clerk called the roll.
  Mr. NICKLES. I announce that the Senator from Utah (Mr. Bennett), the 
Senator from Montana (Mr. Burns), the Senator from Wyoming (Mr. Enzi), 
the Senator from North Carolina (Mr. Helms), the Senator from Idaho 
(Mr. Kempthorne), the Senator From Arizona (Mr. McCain), and the 
Senator from Alaska (Mr. Stevens), are necessarily absent.
  I further announce that, if present and voting, the Senator from 
Montana (Mr. Burns) would vote ``yes.''

[[Page S8956]]

  Mr. FORD. I announce that the Senator from California (Mrs. Boxer) 
and the Senator from Arkansas (Mr. Bumpers) are necessarily absent.
  The PRESIDING OFFICER (Mr. Allard). Are there any other Senators in 
the Chamber desiring to vote?
  The result was announced--yeas 90, nays 1, as follows:

                      [Rollcall Vote No. 235 Leg.]

                                YEAS--90

     Abraham
     Akaka
     Allard
     Ashcroft
     Baucus
     Biden
     Bingaman
     Bond
     Breaux
     Brownback
     Bryan
     Byrd
     Campbell
     Chafee
     Cleland
     Coats
     Cochran
     Collins
     Conrad
     Coverdell
     Craig
     D'Amato
     Daschle
     DeWine
     Dodd
     Domenici
     Dorgan
     Durbin
     Faircloth
     Feingold
     Feinstein
     Ford
     Frist
     Glenn
     Gorton
     Graham
     Gramm
     Grams
     Grassley
     Gregg
     Hagel
     Harkin
     Hatch
     Hollings
     Hutchinson
     Hutchison
     Inhofe
     Inouye
     Jeffords
     Johnson
     Kennedy
     Kerrey
     Kerry
     Kohl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lieberman
     Lott
     Lugar
     Mack
     McConnell
     Mikulski
     Moseley-Braun
     Moynihan
     Murkowski
     Murray
     Nickles
     Reed
     Reid
     Robb
     Roberts
     Rockefeller
     Roth
     Santorum
     Sarbanes
     Sessions
     Shelby
     Smith (NH)
     Smith (OR)
     Snowe
     Specter
     Thomas
     Thompson
     Thurmond
     Torricelli
     Warner
     Wellstone
     Wyden

                                NAYS--1

       
     Kyl
       

                             NOT VOTING--9

     Bennett
     Boxer
     Bumpers
     Burns
     Enzi
     Helms
     Kempthorne
     McCain
     Stevens
  The bill (S. 2307), as amended, was passed.
  (The text of the bill will be printed in a future edition of the 
Record.)
  Mr. SARBANES. Mr. President, I move to reconsider the vote.
  Mr. D'AMATO. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  The PRESIDING OFFICER (Mr. Grams). Under the previous order, the 
Chair appoints the following Senators to serve as conferees on the 
transportation appropriations bill.
  The Presiding Officer appointed Mr. Shelby, Mr. Domenici, Mr. 
Specter, Mr. Bond, Mr. Gorton, Mr. Bennett, Mr. Faircloth, Mr. Stevens, 
Mr. Lautenberg, Mr. Byrd, Ms. Mikulski, Mr. Reid of Nevada, Mr. Kohl, 
Mrs. Murray, and Mr. Inouye conferees on the part of the Senate.

                          ____________________