Congressional Record, Volume 147 Issue 110 (Wednesday, August 1, 2001)

[Congressional Record Volume 147, Number 110 (Wednesday, August 1, 2001)]
[Senate]
[Pages S8505-S8533]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

DEPARTMENT OF TRANSPORTATION AND RELATED AGENCIES APPROPRIATIONS ACT,
2002--Resumed

The PRESIDING OFFICER. Under the previous order, the hour of 11
o'clock having arrived, the motion to proceed to the motion to
reconsider and the motion to reconsider the failed cloture vote on H.R.
2299 are agreed to.
The clerk will report the motion to invoke cloture.
The assistant legislative clerk read as follows:

Cloture Motion

We, the undersigned Senators, in accordance with the
provisions of rule XXII of the Standing Rules of the Senate,
hereby move to bring to a close the debate on H.R. 2299, the
Transportation Appropriations Act:

Pat Murray, Ron Wyden, Pat Leahy, Harry Reid, Hillary
Rodham Clinton, Charles Schumer, Jack Reed, Robert C.
Byrd, Jim Jeffords, Daniel K. Akaka, Bob Graham, Paul
Sarbanes, Carl Levin, John D. Rockefeller IV, Thomas R.
Carper, Barbara Mikulski, and Tom Daschle.

The PRESIDING OFFICER. The question is, Is it the sense of the Senate
that debate on H.R. 2299, an act making appropriations for the
Department of Transportation and related agencies for the fiscal year
ending September 30, 2002, and for other purposes, shall be brought to
a close?
The yeas and nays are required under the rule. The clerk will call
the roll.
The legislative clerk called the roll.
The yeas and nays resulted--yeas 100, nays 0, as follows:

[Rollcall Vote No. 262 Leg.]

YEAS--100

Akaka
Allard
Allen
Baucus
Bayh
Bennett
Biden
Bingaman
Bond
Boxer
Breaux
Brownback
Bunning
Burns
Byrd
Campbell
Cantwell
Carnahan
Carper
Chafee
Cleland
Clinton
Cochran
Collins
Conrad
Corzine
Craig
Crapo
Daschle
Dayton
DeWine
Dodd
Domenici
Dorgan
Durbin
Edwards
Ensign
Enzi
Feingold
Feinstein
Fitzgerald
Frist
Graham
Gramm
Grassley
Gregg
Hagel
Harkin
Hatch
Helms
Hollings
Hutchinson
Hutchison
Inhofe
Inouye
Jeffords
Johnson
Kennedy
Kerry
Kohl
Kyl
Landrieu
Leahy
Levin
Lieberman
Lincoln
Lott
Lugar
McCain
McConnell
Mikulski
Miller
Murkowski
Murray
Nelson (FL)
Nelson (NE)
Nickles
Reed
Reid
Roberts
Rockefeller
Santorum
Sarbanes
Schumer
Sessions
Shelby
Smith (NH)
Smith (OR)
Snowe
Specter
Stabenow
Stevens
Thomas
Thompson
Thurmond
Torricelli
Voinovich
Warner
Wellstone
Wyden
The PRESIDING OFFICER. On this vote, the yeas are 100, the nays are
0. Three-fifths of the Senators duly chosen and sworn having voted in
the affirmative, the motion is agreed to.
Who seeks recognition?
The Senator from Washington.
Mrs. MURRAY. Mr. President, the Senate has now, by a vote of 100-0,
moved forward to a time where we can finally go to final passage on the
Transportation appropriations bill. I hope that occurs sooner rather
than later. All of us have constituents who are waiting in traffic for
us to make sure we do the right thing for the infrastructure of this
country.
As I have said before, Senator Shelby and I have worked very hard
together. I commend him and his staff, and our staff, for the many
hours they have worked to get to the point where we have a bill that
represents the important needs of our country--whether it is our
airports, our waterways, our highways, our infrastructure. I think we
have done a good job with that.
There have been a lot of remarks over the last several weeks
regarding the Mexico truck provision. I want to submit for the Record a
letter from members of the Hispanic caucus in the House.
Mr. President, I ask unanimous consent to have the letter printed in
the Record.
There being no objection, the letter was ordered to be printed in the
Record, as follows:

Washington, DC,

July 31, 2001.
Hon. Patty Murray,
Hon. Richard C. Shelby,
Senate Appropriations Committee, Subcommittee on
Transportation, Dirksen Senate Office Building,
Washington, DC.
Dear Senators Murray and Shelby: We are writing to express
our disbelief over comments we have read implying that the
truck safety measures that you have included in the
Transportation Appropriations Bill for Fiscal Year 2002 are
somehow ``anti-Hispanic'' or ``anti-Mexican.'' As you know,
when the Transportation Appropriations Bill passed the House,
an amendment was adopted that prohibited any Mexican trucks
from being granted authority to operate in the United States
during Fiscal Year 2002. In a seemingly less extreme
approach, the Senate version of the bill, as drafted by your
subcommittee, includes several provisions intended to address
obvious safety concerns regarding Mexican trucks that have
been voiced by impartial and knowledgeable observes such as
the U.S. Department of Transportation Inspector General.
The issue of safety on our highways is not an ``Hispanic
issue.'' All Americans are equally at risk from unsafe
conditions on our highways for all Americans and we share
that goal.
Sincerely,
Ed Pastor, Grace F. Napolitano, Lucille Roybal-Allard,
Hilda L. Solis, Solomon P. Ortiz, Silvestre Reyes, Luis
V. Gutierrez, Joe Baca, Nydia M.

[[Page S8506]]

Velazquez, Ruben Hinojosa, Ciro D. Rodriguez.

Mrs. MURRAY. I think those words speak for themselves. I am happy to
submit it for the Record and to assure our colleagues we are working
for the safety of all Americans.
I have a number of points to which, if this debate continues, I will
be speaking this afternoon. But I truly hope that now we can move on
and put this bill into place so that we can move to conference, and to
make sure we have done the right thing in terms of the infrastructure
in our country that is so important to all of our constituents.
I thank the President and I reserve the remainder of my time.
The PRESIDING OFFICER. The Senator from Arizona is recognized.
Mr. McCAIN. Mr. President, I would like to quickly respond to the
Senator from Washington. The Senator from Texas and I, and others, may
not use too many hours on this issue, but I want to assure the Senator
from Washington we are not moving on. We are not moving on. We have the
opportunity to have three more cloture votes on this issue. We intend
to fight every single one of those when we return in September.
So to put the mind of the Senator from Washington at ease, we are not
moving on. We may have a vote for final passage. We are not moving on.
We are not moving on until we have exhausted every last remedy because
there is a great deal at stake. There is a huge amount at stake: Not
only the fact, according to the Presidents of both nations, that this
language represents a violation of a solemn treaty entered into by
three nations, but it also sets a terrible precedent.
Are we going to have appropriations bills that violate treaties in
the view of the executives of both nations? The proponents of this
legislation can say it does not violate NAFTA until they are blue in
the face. That is fine with me. But none of those Members was elected
President of the United States. We have one President. That President
and his advisers have said this language is in violation of a solemn
treaty entered into by three nations. That treaty is being violated,
and he will veto the bill. And I say, with supreme confidence, that we
can muster 34 votes to sustain a Presidential veto.
The Senator from Washington and the proponents of this bill should
understand that because the President has made it perfectly clear that
he will veto this bill, the responsibility then for the veto will rest
with the proponents of this bill who refuse to seriously negotiate on
this bill. They have refused to sit down and have meaningful
negotiations. They have said it, and they have alleged it, but they
have not done it.

I have not been around here as long as the Senator from Texas or
other Senators, but I have been around here long enough to know serious
negotiations when I see them, and unserious negotiations when I see
them. Negotiations have not been serious. As I have said before, I have
negotiated a whole lot of very difficult issues, ranging from a line-
item veto, to a Patients' Bill of Rights, to campaign finance reform,
with people who were serious about negotiating. I know serious
negotiations when I see them. They are not present on this issue.
So without serious negotiations, without removing the unacceptable
provisions of this legislation, the President of the United States will
veto the bill. The responsibility will be for those who have refused to
reach an accommodation not with just the Senator from Texas and me but
with the administration.
I might add, those who say they are voting for this bill to move it
along, even though they agree with our opposition, well, thanks, but,
in all candor, the way you stop legislation around here is by voting
against it.
So, Mr. President, this is a serious issue. I have never, since I
entered this body in 1987, impeded the legislative process. I have
certainly voted against and spoken against a lot of the measures with
which I disagreed. I have never used parliamentary procedures to hold
up legislation, and I hope I never will again, because I think it is an
extreme measure to do so.
I know we have important issues to address. But when we are talking
about legislation on an appropriations bill, with never a hearing,
never a markup in the Committee on Commerce, Science, and
Transportation--oh, there were hearings; there was a hearing on Mexican
trucks. We could mark up a bill in the Commerce, Science, and
Transportation Committee tomorrow--tomorrow--and bring it to the floor
of this Senate. Then it would be done in the appropriate fashion. I do
not know if the chairman of the Commerce Committee was consulted on
this particular language in the appropriations bill; I know I was not;
and I know no Member on my side of the aisle was consulted when this
language was inserted by people who have not given a proper airing of
this issue and have clearly not taken into consideration the views of
the President of Mexico and the President of the United States.
So I repeat, we will not move on. We intend to do whatever is
necessary to try to bring about a set of negotiations in which we know
the administration would be eager to join, so that we could reach
removal of basically four issues that remain that are of difference.
There are only four issues, but they are significant differences.

We have received clear written notification from the administration
that if either the provisions of this bill or the House-passed measure
regarding cross-border trucking are sent to the President, we can
expect the bill to be vetoed. I quote from the Statement of
Administrative Policy transmitted to the Senate on July 19:

The Senate committee has adopted provisions that could
cause the United States to violate our commitments under
NAFTA. Unless changes are made to the Senate bill, the
President's senior advisors will recommend that the President
veto the bill.

There have been some beneficial effects of Senator Gramm's and my
activities on this issue because it has gotten the attention of
editorial writers around the country. I would like to quote from some
of those editorial writers from different newspapers around the country
for the benefit of the President. I quote from an editorial in the
Atlanta Constitution, a July 31 editorial, headlined ``Open U.S. Roads
to Mexican Trucks.''

Can you imagine a world in which Mexican 18-wheelers were
allowed to roam freely across U.S. highways--maybe properly
inspected, maybe not, with drivers maybe properly trained and
licensed, maybe not?
A lot of folks seem unable to grasp what they believe would
be a frightening vision, but they really don't have to look
very far to get a reliable glimpse of what it would be like.
All they have to do is look less than 20 years into the past,
when Mexican trucks were permitted free access to America's
roads as a matter of course. That practice ended only when
Ronald Reagan changed the policy in a dispute over access for
U.S. trucks to Mexico's roads.
The old right of access was supposed to have been restored
as part of the North American Free Trade Agreement, and
President Bush has been pushing to do just that. But now he's
having to fight the Teamsters' Union, the Democrats in
Congress who habitually do labor's bidding, and even a few
members of his own party who don't seem to have bothered to
examine the issue.
The truckers' union, of course, is interested only in job
protectionism. Under current rules, Mexican trucks can carry
goods into border states, but only for a maximum of 20 miles;
then, cargo must be loaded onto American trucks, driven by
American drivers, most of whom--what a coincidence--happen to
be members of the Teamsters. They have disguised their self-
interest, however, in a provocative pitch for public safety,
painting a picture of U.S. highways plagued by decrepit,
faulty vehicles driven by unskilled and careless Mexican
cowboys.
There is probably as much prejudice as protectionism in
this image; actual statistics do show that Mexican trucks
crossing the border fail inspections at higher rates than
American vehicles, but the difference has been steadily
narrowing. In 1995, 54 percent of the Mexican trucks failed,
but that figure has fallen to 36 percent; besides, the
Teamster-driven vehicles are no paragons--the failure rate
for U.S. trucks is a surprising 24 percent. (Canadian trucks
fail at a rate of only 17 percent; maybe we should ban U.S.
trucks and only allow those from north of the border.)
It should be noted that the Mexican trucks failing the
tests are untypical of that country's fleet. Border crossings
can take hours, so companies use older, less tidy vehicles
for the short runs for cargo transfers. Trucks that would be
used for long-distance hauling within the United States are
much newer, some more modern than those used by American
firms. (Authorities sometimes catch Mexican trucks that went
illegally outside the 20-mile border area; of those, just 19
percent failed inspections, which is a better record than
U.S. trucks can boast.)
Continuing to restrict access is a mistake, especially
because it would be a continuing violation of U.S.
obligations under NAFTA, a trade agreement that has brought
unparalleled economic benefits to all three of its

[[Page S8507]]

member countries. The Bush administration plans to spend $144
million for new state and federal inspection stations and
personnel, and for checking the safety records and practices
of Mexican carriers. That should be enough to allay the
concerns of anyone who is truly concerned about safety on the
highways--especially since it will create a much more
dependable system than the one that existed for all the
decades when Mexican trucks did roam freely on our roads.
Republicans in Congress should do a little more homework,
and the Democrats should start trying to be something other
than toadys for labor unions. This is a battle for self-
interest, not for safety, and it's time for it to be over.

Mr. President, I ask unanimous consent that Washington Post
editorials and a San Diego Union-Tribune editorial be printed in the
Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:

[From the Washington Post, July 29, 2001]

NAFTA in Trouble

On Thursday U.S. Trade Representative Robert Zoellick gave
a stirring speech about the North American Free Trade
Agreement (NAFTA), which seven years ago created the world's
largest free trade area. He noted that U.S. exports to the
two NAFTA partners--Mexico and Canada--support 2.9 million
American jobs, up from 2 million at the time of the
agreement, and that such jobs pay wages that are 13 percent
to 18 percent higher than the average in this country. Trade
with Mexico alone has tripled. Mexico now buys more from the
United States than from Britain, France, Germany and Italy
combined.
Unfortunately, Mr. Zoellick's fine speech was not the only
NAFTA news last Thursday, for the Senate was simultaneously
debating the treaty. A large majority of senators--Thursday's
procedural vote went 70 to 30--appears to believe that
NAFTA's provisions on trucking across the Mexico border need
not be implemented promptly. As a result, Mexico's government
is likely to retaliate with $1 billion or more in trade
sanctions. The great forward momentum of the U.S.-Mexican
economic relationship may start to be unraveled.
Under NAFTA, Mexican trucks in the United States must abide
by U.S. regulations: If they are too dangerous or dirty, they
can be pulled off the road. But NAFTA's opponents want to
keep Mexican trucks out--period. For the past seven years,
the United States has bowed to protectionists by refusing to
process Mexican applications for trucking licenses, a
practice that NAFTA's dispute-settlement panel has condemned.
Now the Bush administration wants to end this obstructionism,
but Congress is getting in the way. The House has passed a
transportation spending bill that would bar the
administration from processing Mexican applications. The
Senate is adopting the subtler approach of allowing Mexican
trucks in--but only on various burdensome conditions that
will have the effect of delaying the opening of the border by
a year or more.
The sponsors of the Senate measure, Patty Murray (D-Wash.)
and Richard Shelby (R-Ala.), say these conditions are
reasonable because Mexican trucks fail U.S. safety standards
50 percent more often than American ones. But this claim is
based on questionable numbers, and the right response to high
Mexican failure rates is to apply existing U.S. trucking
regulations rigorously. The Senate measure goes beyond
legitimate rigor and blurs into imposing discriminatory
regulations on Mexican carriers. President Bush says he will
veto legislation unless such discrimination is removed from
it. That is the right course.
____

[From the Washington Post, July 31, 2001]

Ban on Mexican Trucks Called ``Isolationist'' Sign; White House Turns
Tables on Critics

(By Dana Milbank and Helen Dewar)

White House officials, borrowing one of their critics' main
lines of attack, charged yesterday that those who opposed
President Bush's free-trade positions were ``isolationist''
and ``unilateralist.''
The immediate issue in question was a Democratic proposal
before the Senate to block Mexican trucks from U.S. roads.
The proposal, which critics say includes 22 separate safety
provisions that together would have the effect of barring
Mexican trucks for two to three years, is included in a
transportation funding bill for next year. The House has
already passed a ban on Mexican trucks.
Bush ``thinks that the action taken by the United States
Senate is unilateralist,'' White House press secretary Ari
Fleischer said yesterday. He called the issue one of the
``troubling signs of isolationism on the Hill.''
The argument, echoed by others in the administration,
signaled a new defense of Bush's policies that goes beyond
the narrow issue of what inspections would be required of
Mexican trucks entering the United States. Democrats and
other critics of the administration have argued that Bush is
pursuing a ``unilateralist'' foreign policy by rejecting
international efforts to limit global warming, small arms,
biological weapons and tax havens, and by promoting a
missile-defense proposal.
Bush advisers have decided to turn the tables on critics by
painting the Democrats as isolationists in other areas. In a
speech Thursday, U.S. Trade Representative Robert B. Zoellick
used a similar argument to promote the North American Free
Trade Agreement in general, warning against ``economic
isolationists and false purveyors of fright and retreat.''
In addition to Mexican trucks and NAFTA, White House
officials indicated they would make the ``isolationist''
charge against Democrats over objections to giving Bush
broader trade negotiating authority and over their delay in
confirming Bush's choice for United Nations ambassador.
Consideration of the nominee, John D. Negroponte, has been
held up by criticism of his work as ambassador to Honduras in
the 1980s.
``There's a series of issues Congress is taking up now
where it has to chose between an isolationist response and
whether America can compete and win in the world, and
Congress is leaning in the direction of isolation,''
Fleischer said.
In the debate over Mexican trucks, the White House and its
allies also tried to reverse an argument about racial
insensitivity often used by Democrats. Last week, Senate
Minority Leader Trent Lott (R-Miss.) criticized Democrats for
``an anti-Mexican, anti-Hispanic, anti-NAFTA attitude.''
White House officials declined to join Lott in that
argument, saying only that the opposition to Mexican trucks
in the United States is ``unfair to Mexico'' because it would
single out that nation rather than impose a single standard
for the United States, Canada and Mexico. ``This is an issue
where the Democrats have to be careful or they're going to
cede the Hispanic vote to Republicans in 2002,'' a senior GOP
official said yesterday.
The Senate Democrats' proposal to impose strict safety
standards on Mexican trucks remained stalled yesterday by GOP
delaying tactics aimed at forcing a compromise acceptable to
the White House. Supporters of the Democrats' proposal, which
Bush has threatened to veto as an infringement on NAFTA, got
more than enough votes to cut off one filibuster against it
last week, virtually assuring its passage at some point. But
the proposal, opposed by Sens. John McCain (R-Ariz.) and Phil
Gramm (R-Tex.), faces more procedural hurdles before it can
be passed.
Senate Majority Leader Thomas A. Daschle (D-S.D.) yesterday
reiterated his determination to win passage of the measure
before the start of Congress's month-long summer recess this
weekend. Lott held out some hope that a House-Senate
conference might approve language satisfactory to Bush. If
not, he said, Bush will veto the bill and Congress will
sustain the veto.
As the Senate marked time on the issue, Enrique Ramirez
Jackson, president of the Mexican Senate, met separately with
Lott and Daschle on issues affecting the two countries and
expressed Mexico's hopes that its trucks will be given full
access to the United States, according to Senate aides.
____

[From the San Diego Union-Tribune, July 30, 2001]

Fight for Free Trade

Under the North American Free Trade Agreement, U.S. trucks
are supposed to have unrestricted access to Mexico, and
Mexican trucks are supposed to have unrestricted access to
the United States. But for six years the powerful Teamsters
union has succeeded in keeping Mexican trucks off American
roads--in plain violation of NAFTA.
Now, it falls to President Bush to stand up once and for
all to the Teamsters' political muscle and defend the vital
principle of free cross-border trade. Bush should not
hesitate to veto a $60 billion transportation spending bill
that is the vehicle for the domestic trucking lobby's efforts
to block Mexican truckers' access to American highways.
Based on pre-NAFTA rules, which still are being enforced,
Mexican trucks are permitted to operate only within a 20-mile
zone north of the border. Beyond the border zone, their
cargoes must be transferred to American trucks for shipment
elsewhere in the United States or Canada. This is a costly
and time-consuming process that drives up prices for American
consumers.
Last year, when provisions of NAFTA required that Mexican
trucks be allowed to travel freely throughout the United
States, the Teamsters persuaded the Clinton White House to
suspend the requirement, on grounds that Mexican trucks were
unsafe. At the time, Vice President Al Gore was courting the
Teamsters' backing for his presidential campaign. When Mexico
rightly challenged the Clinton administration's politically
motivated action, a NAFTA arbitration panel ruled that the
U.S. ban on Mexican trucks violated the trade agreement.
To its credit, the Bush administration announced earlier
this year it would honor American obligations under NAFTA and
lift the restrictions on Mexican trucks. That touched off a
fierce lobbying drive by the Teamsters on Capitol Hill to
overturn the president's decision.
In response, the House voted to retain the ban on Mexican
trucks, while the Senate approved a milder version that would
impose much tougher safety standards on Mexican trucks than
exist for Canadian trucks, thereby making it more difficult
for Mexican trucks to enter the United States. (Because many
of its 1.4 million members are Canadians, the Teamsters union
has not sought to curb access by Canadian commercial vehicles
to American roads).
The Teamsters and their allies contend Mexican rigs are
unsafe, but the union's real

[[Page S8508]]

motivation is to thwart competition from Mexican truckers.
When the House voted on the ban, it even refused to
appropriate the money President Bush had sought to strengthen
border inspection stations and keep out unsafe vehicles.
The White House is right on this issue.
President Bush should stand his ground and veto the
transportation measure if the onerous trucking provisions are
not removed. The simple way to deal with potentially unsafe
Mexican trucks is through robust inspections that turn back
unsafe vehicles--not through legislative subterfuge that is
little more than thinly disguised protectionism.

Mr. McCAIN. Mr. President, the papers I am quoting from--the New York
Times, Washington Post, Atlanta Constitution, Cleveland Plain Dealer--
are not renowned rightwing conservative periodicals.
This is from the Cleveland Plain Dealer of July 30, 2001:

The Democrat-controlled Senate, with the help of enough
Republicans to block a filibuster, decided last week that
equal protection under the law doesn't apply to Mexico under
NAFTA.
Beneath a veneer of safety concerns, the Senate refused to
eliminate the trade barriers that keep Mexican trucking
companies from carrying freight beyond a 20-mile border zone,
no matter that among their fleets are some of the most
modern, best-equipped trucks on any nation's roads.
It's a witches' brew of protectionist politics disguised as
precaution, fueled by the demands of organized labor, that
gives off a stench of old-fashioned ethnic prejudice. What's
more, it invites a trade war of retaliation, should Mexico
decide to close its borders to U.S.-driven imports. Combined
with an even harsher House-passed version incorporated in the
Department of Transportation appropriations bill, it invites
a veto by President George W. Bush.
No one supporting Mexico's rights under the North American
Free Trade Agreement ever has argued that American roads
should be opened to unsafe vehicles. But in the years since
NAFTA was passed, Mexico has made giant strides to improve
its fleets. Some of its largest trucking companies now have
rigs whose quality surpasses those of American companies.
But safety is little more than a straw dog in this fight.
What this is about is the $140 billion in goods shipped to
the United States from Mexico each year, and the Teamsters
Union's desire that its members keep control of that
lucrative trade.
Labor--which documents gathered in a four-year Federal
Elections Commission Probe show has had veto power over
Democratic Party positions for years--has never accepted the
benefits of expanded hemispheric trade. It has been adamant
in its opposition to allowing Mexican trucks, no matter how
modern the equipment or well-trained the drivers, access to
U.S. highways. It was this opposition that kept President
Bill Clinton from implementing the agreement, and it is this
opposition that yet drives labor's handservants, who now
control the Senate.
This position should be an embarrassment to a party that
makes a show of its concerns for the poor and downtrodden. It
is a setback to U.S.-Mexican relations, and an insult to
Mexico's good and earnest efforts to improve relations with
its northern neighbor. It is an abrogation of our treaty
responsibilities, and it must not be allowed to stand.

I repeat, that is from the Cleveland Plain Dealer.
Quoting from the New York Times from July 30, the Monday edition,
titled ``Teamsters May Stall Bush Goals for Mexican Trucks and Trade,''
an article by Philip Shenon:

A lobbying campaign led by the Teamsters union to keep
Mexican trucks off American roads is on the verge of handing
organized labor a major legislative victory over President
Bush, endangering one of his most cherished foreign policy
goals and reminding the White House of the political muscle
still flexed here by labor unions.
If the Teamsters prevail, it could undermine the
president's hopes of improved trade and diplomatic ties with
Mexico, which has demanded the opening of the border to
Mexican trucks under terms of the eight-year-old North
American Free Trade Agreement. Mr. Bush had hoped to comply
by next year.
Nafta and its liberalized trade rules have long been a
target of the Teamsters, which has 1.4 million members, many
of them truck drivers.

Mr. President, it is a very interesting article. I won't take the
time to read it all. It basically points out the facts, which are that
this is not really about safety; this is about the Teamsters Union and
labor flexing their muscles. I will repeat, as I have over and over
again, the Senator from Texas and I have put detailed, comprehensive
safety requirements into our legislation which would clearly protect
every American from any unsafe Mexican truck entering into the United
States of America because it requires every Mexican truck to be
inspected. But, obviously, that is not good enough for the Teamsters or
for those who support the legislation that is presently in the
Transportation appropriations legislation.
I want to say a few words about the underlying bill. It is
interesting. So far this year, spending levels, including this bill,
have surpassed the President's total budget request by nearly $4
billion. This year's bill contains 683 earmarks, totaling $3.148
billion in porkbarrel spending. Last year there were 753 earmarks,
totaling $702 million. There has been a dramatic increase in the number
of earmarks and porkbarrel spending.
According to the Office of Management and Budget, the number of
unrequested projects inserted into spending bills approved by Congress
rose from 1,724 in 1993 to 3,476 in 2000 and, ultimately, to 6,454 in
the current fiscal year.
Our colleagues in the House of Representatives requested close to
19,000 earmarks this year, at a cost of $279 billion if all were
approved. This year's overindulgence of earmarks is so egregious that
Mitch Daniels, Director of OMB, wrote a letter to the Senate
Appropriations Committee imploring them to cut the excessive earmarks
included in the House-passed appropriations bills when they got to the
Senate.
As always, some benefit substantially more than others. I have
mentioned the State of West Virginia, which will be the proud recipient
of $6,599,062 under the National Scenic Byways Program. I have also
mentioned the State of Washington, which benefits substantially from
the National Scenic Byways Program. Under that portion of the bill,
Washington will receive $2,683,767, of which $790,680 will fund the
North Pend Orielle Scenic Byway--Sweet Creek Falls Interpretive Trail
Project, et cetera, et cetera.
I am sure these are worthy projects. Why in the world weren't they
authorized? Why was there not a hearing? Why were they inserted in
legislation which gave no consideration to other projects and programs
that other States have? Every State deserves the right to compete for
Federal dollars under programs such as the National Scenic Byways
Program, not just States that are fortunate to have representation in
the congressional Appropriations committees.
I can't let this opportunity go by again without mentioning the
$4.650 million that is carved out of the Coast Guard portion of this
bill to ``test and evaluate'' a currently developed 85-foot fast patrol
craft that is manufactured in the United States and has a top speed of
40 knots. Mr. President, translation. That is ``French'' for a
porkbarrel project for the State of Washington. It is the only place
where this vessel can be tested and evaluated in the United States, and
it has a top speed of 40 knots. Guess where. Guardian Marine
International, located in Edmonds, WA. Not only did the U.S. Coast
Guard not ask for this vessel, they looked at the Guardian vessel,
considered its merits, and concluded it would not meet the Coast
Guard's needs.

What is wrong with that? Well, we have severe personnel problems with
recruitment and retention in the Coast Guard today. We need to spend
this money not on an 85-foot patrol craft that the Coast Guard doesn't
want or need; we need to spend it on the men and women in the Coast
Guard, improve their housing, improve their living conditions. We need
to provide them with the pay and benefits they need and deserve.
What are we doing spending $4.650 million on a project that will be
useless? This will be a one-of-a-kind vessel. It will sit by itself,
and it will have huge maintenance and upkeep costs because it will be
one of a kind, instead of giving the Air Force the craft they need.
I guess the Senate Appropriations Committee has a better
understanding than the Coast Guard of what equipment will and won't
work best. Maybe we are all wasting our time. Perhaps we should abolish
the Department of Transportation and allow our appropriators to act as
our new transportation specialists.
I will mention one thing that was in Congress Daily this morning:

Nussle Warns of Possible Fiscal Year 2001 Spending Cuts.
House Budget Chairman Nussle warned Tuesday that if budget
forecasts continue to worsen, Congress might have to take
drastic

[[Page S8509]]

steps, including trimming Federal spending, to preserve
surpluses for debt reduction. ``Spending may have to be
curtailed after CBO releases the midsession review,'' Nussle
said. ``If we want to pay off more debt, we need to reduce
spending.''

What is this appropriations bill doing? Increasing spending. What did
the others do? Already we have increased spending in the appropriations
bills we have passed by some $4 billion. It is a dangerous course of
action we are engaged in. This continued earmark porkbarrel spending is
going to exact a very heavy price. This bill is replete with them. This
bill, in my view, is typical of the kind of product for which we may
pay a very heavy price in the future, where we may have to make cuts in
really needed programs, including those that are for those who are in
need in our society and our Nation.
So I want to assure my colleagues that, contrary to what may have
been contemplated here, yes, we will have a vote on final passage of
the bill. Then there will be three votes after that concerning the
appointment of conferees that are key and are debatable and will
require cloture motions as well. So, clearly, we will have stretched
this issue out into the month of September, at least.
I remind my colleagues that our President is welcoming the President
of Mexico to the United States in September. In fact, I am told that
the first official state dinner hosted by President Bush will be in
honor of President Fox. I think that is a very appropriate and very
important and significant occasion because of the importance of our
relations with Mexico. I hope we will not be continuing on a course of
violating a solemn treaty between our two nations while the President
of Mexico is present and being honored in the United States of America.
I thank my colleague from Texas for his steadfast efforts in this
endeavor. I think he may join me again this year in being voted ``Miss
Congeniality.'' Perhaps we will share the honor. The fact is that we
believe passionately that this kind of activity --legislative activity
on an appropriations bill--is absolutely, totally inappropriate, and
the impact and implications of passage of such legislation through the
Congress of the United States not only is very bad for our relations
with one country, but if this body gets into the business on
appropriations bills of amending treaties and making solemn treaties
illegal and unconstitutional, and violates them, then of course that
kind of precedent is very bad for all of the institutions of this great
democracy of ours.
I yield the floor.
The PRESIDING OFFICER (Ms. Stabenow). The Senator from Washington is
recognized.
Mrs. MURRAY. Madam President, I have a number of editorials which
support the position the majority of Senators have taken in terms of
the commonsense safety approaches written in the underlying
Transportation bill.
Let me begin by quoting from the Seattle Post-Intelligencer editorial
board from this morning:

Mexican trucks are welcome in this country so long as they
make the same safety criteria required of all the vehicles
that travel here. Senator Patty Murray has taken just the
right approach to this sensitive and contentious issue. The
Bush administration, which unwisely has threatened to veto
the transportation bill over this matter, contends that under
terms of the North American Free Trade Agreement, Mexican
trucks should be allowed to travel freely beyond the 20-mile
commercial zone at the southern border to which they are now
restricted.
The House of Representatives disagrees. It voted to keep
the trucks limited to where they now are, permitted to travel
when delivering Mexican goods to U.S. markets. Murray, who
heads the Senate Appropriations Subcommittee on
Transportation, wrote the transportation bill that rightly
requires Mexican trucks to have safety inspections and to be
insured by a carrier licensed to do business in the United
States before they can travel in this country. These are
simple, commonsense requirements.

From the Roanoke Times & World News:

Among other things, certainly the inspections indicate an
element of protectionism but of the public safety, not the
spirit of free trade. By a large bipartisan majority, 19
Republicans joined all 50 Democrats and one independent. The
Senate voted Thursday to end a filibuster to kill the tougher
standards. Senate Minority Leader Trent Lott charged that the
initiative was anti-Mexican and anti-Hispanic and suggested
that Mexican trucks should be inspected according to the same
standards as Canadian trucks. Lott commits aggravated
silliness.
A recent study by the Inspector General of the
Transportation Department found that nearly two in five
Mexican trucks failed basic safety inspections compared with
one in four U.S. trucks and one in seven Canadian trucks. In
addition, Mexican truckers are often overworked and their
fatigue could pose a danger to American drivers.
As for violating the free trade spirit of NAFTA, the treaty
already contains provisions allowing legitimate safety
regulations. Given the clear evidence presented by the
Transportation Department, Congress would be remiss by
opening U.S. borders to trucks known to be unsafe.

From the Press Democrat in Santa Rosa, CA:

With Mexican trucks failing border inspections nearly two
in five times, safety is a far more important concern. The
dismal record is an indication that a well-funded border
inspection program is critical. The Senate proposal, which
requires around-the-clock border inspections, is a balanced
measure that will allow trucking while still keeping roads
relatively safe. But with one in four American trucks failing
safety tests, do not take your eyes off the rear view mirror
any time soon.

From the Sarasota Herald Tribune:

Public safety, not politics, money, free trade or
international relations, should be the priority as American
leaders debate whether to allow tractor trailers from Mexico
to deliver goods in the United States.

From the Deseret News:

A Senate bill would apply a simple solution. It would
require the Mexican truckers to obtain U.S. insurance and to
pass safety inspections before crossing the border. Then the
trucks would be free to travel where they would like within
the United States and presumably to Canada. These are
sensible requirements that ultimately could save lives. The
only objection the President can offer is that Congress does
not hold Canadian truckers to the same standards, but
Congress does not need to do so. Canada already holds its
truckers to standards more rigid than those in the United
States.

They go on to say:

The only way to end the problem of illegal immigration is
to help Mexico's economy grow to the point where leaving the
country no longer is necessary for survival and prosperity.
But this cannot be done at the peril of highway safety in the
United States. Despite the threats of a veto, Congress needs
to pass tough standards on all trucks that come from south of
the border.

From the Providence Journal:

Kudos to the Senate for voting 70-30 for strict safety
standards for Mexican trucks on U.S. roads. The government
has the duty to ensure that foreign truckers follow the same
rules that American ones do. Statistics show trucks from
Mexico with more lenient safety standards than the United
States are 50 percent more likely to fail U.S. inspections
than ours. A race to the bottom is intolerable.

From the Seattle Times Editorial Board:

Suggesting inspections will inhibit free trade is more than
a bit disingenuous, given that current law keeps Mexican
trucks within a 20-mile zone along the U.S. border. Earlier
this summer, the House of Representatives passed a harsh
measure to block any Mexican trucks from venturing beyond
that zone. Opening U.S. highways to Mexico's trucking
industry is in the full spirit of NAFTA, as long as the
trucks are safe and insured. This is hardly onerous. Indeed,
Canadian trucks and truckers have a better inspection record
than U.S. trucks. Do not take too much of the Teamsters
Union's backing the safety measure as if to suggest it was a
topic with heavy labor influence. Only a fraction of U.S.
drivers are represented by organized labor. This fight is
fundamentally about highway safety. Creating a haven of
lesser standards south of the border might invite the U.S.
trucking industry to essentially reflag their fleets where
regulations are lax.

Madam President, I ask unanimous consent that all of the editorials
to which I have referred, as well as a press release from the AAA of
Texas chapter, be printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:

[From the Seattle Post-Intelligencer, Aug. 1, 2001]

Impose U.S. Safety Standards on Mexican Trucks

Mexican trucks are welcome in this country--so long as they
meet the same safety criteria required of all other vehicles
that travel here.
Sen. Patty Murray, D-Wash., has taken just the right
approach to this sensitive and contentious issue, which
threatens to derail the transportation bill and some $140
million in much-needed funding earmarked by Murray for this
state.
The Bush administration, which unwisely has threatened to
veto the transportation bill over this matter, contends that
under terms of the North American Free Trade Agreement,
Mexican trucks should be allowed to travel freely beyond the
20-mile

[[Page S8510]]

commercial zone at the southern border to which they are now
restricted.
The House of Representatives disagrees; it voted to keep
the trucks limited to where they now are permitted to travel
when delivering Mexican goods to U.S. markets.
Murray, who heads the Senate appropriations subcommittee on
transportation, wrote the transportation bill that rightly
requires Mexican trucks to have safety inspections and to be
insured by a carrier licensed to do business in the United
States before they can travel in this country.
These are simply common-sense requirements. However, care
must be taken in implementation to avoid having them become a
bogus trade barrier.
Murray contends Mexican trucks are less safe than U.S.
trucks. She says a recent study by the inspector general of
the Department of Transportation found that nearly two in
five Mexican trucks failed basic safety inspections compared
with one in four American trucks and one in seven Canadian
trucks. Since Canadian trucks appear safer than American
ones, there seems no rationale for imposing additional
requirements on them.
But President Bush, rightly has at the top of his
international agenda improving relations with Mexico, says it
would be too expensive and time-consuming to require the
Mexican trucks to meet U.S. safety and insurance standards.
However, introducing unsafe trucks on U.S. highways is
unlikely to improve relations between our two countries;
quite the opposite.
Mexico, meanwhile, has raised the possibility that it might
restrict the import of American agricultural goods in
retaliation. That's non-productive. A better course is to
assure Mexican trucks meet international safety standards.
Murray, who also chairs the Democratic Senate Campaign
Committee, happens to be on the same page in this dispute as
the all-powerful Teamsters union, which ardently opposes the
entrance of Mexican trucks and their low-paid, often
overworked, non-unionized drivers. The Teamsters clearly have
a self-interest in putting the brakes on the entrance of
Mexican trucks.
Murray's business, however, is the public interest, not
that of the Teamsters. We believe that in insisting that
Mexican trucks comply with U.S. laws, she's property
discharging that larger duty.
As a NAFTA arbitration panel acknowledged last February,
the United States is ``responsible for the safe operation of
trucks within U.S. territory, whether ownership is U.S.,
Canadian or Mexican.''
____

[From the Roanoke Times & World News, July 28, 2001]

Require Mexican Trucks To Meet the Safety Test

As frequent drivers of Interstate 81 can attest, sharing
the road with high-balling semi-trailer trucks intensifies
anxiety about highway safety, even with the assumption those
behemoths meet safety-inspection standards.
The same assumption cannot be applied to Mexican trucks,
about 40 percent of which fail U.S. standards, so the U.S.
Senate's hesitation this week to allow free entry of big
commercial Mexican vehicles onto U.S. highways in January is
both understandable and prudent.
President Bush, the Senate's Republican leadership and the
Mexican government have opposed an amendment to the pending
$60 billion Senate transportation spending bill that would
require much stricter safety inspections before allowing the
Mexican trucks to venture freely onto U.S. highways.
Opponents contend that such a restriction violates the North
American Free Trade Agreement.
Certainly, the inspections indicate an element of
protectionism--but of the public safety, not the spirit of
free trade. By a large bipartisan majority--19 Republicans
joined all 50 Democrats and one independent--the Senate voted
Thursday to end a filibuster to kill the tougher standards.
Senate Majority Leader Trent Lott, R-Miss., charged that
the initiative was ``anti-Mexican'' and ``anti-Hispanic,''
and suggested that Mexican trucks should be inspected
according to the same standards as Canadian trucks.
Lott commits aggravated silliness. A recent study by the
inspector general of the Transportation Department found that
nearly two in five Mexican trucks failed basic safety
inspections, compared with one in four U.S. trucks and one in
seven Canadian trucks. In addition, Mexican truckers are
often overworked, and their fatigue could pose a danger to
American drivers.
As for violating the free-trade spirit of NAFTA, the treaty
already contains provisions allowing legitimate safety
regulations. Given the clear evidence presented by the
Transportation Department, Congress would be remiss by
opening U.S. borders to trucks known to be unsafe.
President Bush has threatened to veto the entire
transportation spending bill if Congress fails to remove the
tougher inspection standards. Some alarm has been expressed
by farming states and agriculture lobbyists after Mexican
officials threatened to consider restrictions on U.S.
agricultural imports if the bill becomes law.
Congress should be more concerned about the lives of
Americans driving on U.S. highways.
____

[From the Press Democrat Santa Rosa, July 30, 2001]

Mexican Trucks Senate Proposal Allows Free Trade While Ensuring Safer
Roads

In February an arbitration panel determined that the
Clinton administration policy limiting Mexican trucks to a
20-mile border zone violated the North American Free Trade
Agreement.
Since that ruling, Congress, President Bush and the
Teamsters union have been fighting over how to regulate 18-
wheelers originating from Mexico.
The Teamsters union opposes opening the border to Mexican
truckers because it fears losing union jobs. In other words,
having lost the free trade battle in 1993, it is now trying
to unravel NAFTA piece-by-piece. It seems the Teamsters' time
would be better spent improving U.S. truckers'
competitiveness.
With Mexican trucks failing border inspections nearly two
in five times, safety is a far more important concern. The
dismal record is an indication that a well-funded, border
inspection program is critical.
The Senate proposal, which requires around the clock border
inspections, is a balanced measure that will allow trucking
while still keeping roads--relatively--safe. But with one in
four American trucks failing safety tests, don't take your
eyes off the rearview mirror anytime soon.
____

[From the Sarasota Herald-Tribune, July 31, 2001]

No Substitute for Safety Trade Pact Doesn't Preclude High Standards for
Trucks

Public safety--not politics, money, free trade or
international relations--should be the priority as American
leaders debate whether to allow tractor-trailers from Mexico
to deliver goods in the United States.
President Bush wants to enable Mexican trucks to begin
making long-haul deliveries on U.S. highways in January as
part of the North American Free Trade Agreement with Mexico
and Canada. Currently, big trucks from Mexico are limited to
a 20-mile zone near the border.
In recent days, a bipartisan group in the Senate has pushed
for a stricter U.S. inspection program for Mexican trucks.
They cite statistics indicating that trucks from Mexico are
almost 50 percent more likely to fail inspections than U.S.
trucks.
But Bush and his allies on this issue, including Sen. John
McCain, R-Ariz., contend that the safety fears are overblown
and that the proposed standards are tougher than those in
place for Canadian trucks. Sen. Trent Lott, R-Miss., takes
the rhetoric further and accuses Democrats of being ``anti-
Mexican'' and ``anti-Hispanic.''
The cries of discrimination make for great TV sound bites,
but if there is evidence that inspections are less rigorous
in Mexico, why shouldn't the United States do more to ensure
that Mexican vehicles are safe before they enter U.S. roads?
Tractor-trailers are already a significant safety concern
in this country. In recent years, federal safety officials
have documented a steady increase in the number of deaths
caused by accidents involving big trucks. Let's not add to
the carnage in the name of free trade, or politics.
____

[From the Deseret News, July 31, 2001]

All Trucks Need Standards

As usual in Washington, the debate over whether to apply
tough standards to Mexican trucks that cross the border has
to do with a lot more than the simple issue at hand. For the
Bush administration, it has to do with the Hispanic vote, of
which he obtained only 35 percent last year. For the
Democrats, it has to do with organized labor, which would
love to drive into Mexico but doesn't want to lose any jobs
by allowing the Mexicans to drive here.
Those are the currents running swiftly beneath the surface.
On the top, however, the debate is centering on the only
thing that really ought to matter--safety.
Organized labor lost its fight to keep Mexican businesses
out eight years ago when Congress passed the North American
Free Trade Agreement. Bush's support among Hispanics, and his
relationship with Mexican President Vicente Fox (who has
threatened trade retaliation against the United States) have
to be dealt with in a different arena. This is a question of
keeping unsafe vehicles off the highway.
Current rules allow Mexican trucks to travel no further
than 30 kilometers (18.6 miles) over the border--just far
enough to unload their cargo onto American trucks. Border
inspectors there have found that more than one-third of
Mexican trucks fail to meet the safety standards required of
American trucks.
A Senate bill would apply a simply solution. It would
require the Mexican truckers to obtain U.S. insurance and to
pass safety inspections before crossing the border. Then the
trucks would be free to travel where they would like within
the United States and, presumably, to Canada. These are
sensible requirements that ultimately could save lives. The
only objection the president can offer is that Congress
doesn't hold Canadian truckers to the same standards.
But Congress doesn't need to do so. Canada already holds
its truckers to standards more rigid than those in the United
States.
In many ways, this is an example of the types of conflicts
that will occasionally arise when attempting free trade with
a nation

[[Page S8511]]

whose economy is struggling to stand on its own. Mexico has
made great strides in recent years, eliminating much of the
corruption that used to plague its one-party government. The
United States should reward those efforts with increased
trade. The only way to end the problem of illegal immigration
is to help Mexico's economy grow to the point where leaving
the country no longer is necessary for survival and
prosperity.
But this can't be done at the peril of highway safety in
the United States. Despite the threats of a veto, Congress
needs to pass tough standards on all trucks that come from
south of the border.
____

[From the Providence Journal, July 29, 2001]

Divers Ruminations

Kudos to the Senate for voting, 70 to 30, for strict safety
standards for Mexican trucks on U.S. roads. The government
has the duty to ensure that foreign truckers follow the same
rules that American ones do. Statistics show trucks from
Mexico, with more lenient safety standards than the United
States's, are 50 percent more likely to fail U.S. inspections
than are ours. (Mexican trucks' emissions problems are bad,
too.) A race to the bottom is intolerable.
Meanwhile, President Bush is commendably backing off from
an idea floated to give a blanket amnesty to illegal Mexican
immigrants but not necessarily for illegal immigrants from
other nations. We are leery of any blanket amnesty because it
would tend to encourage lawbreaking. But basic fairness
requires that a plan to ``regularize'' illegals, not single
out one nationality.
Rumor has it that stars usually bound for the likes of the
Hamptons have discovered the pastoral and coastal beauties of
Westport and South Dartmouth, and are eyeing real estate
there. The names bruited so far include Harrison Ford, Paul
McCartney, Dennis Quiad and David Duchovny. Will the glitz,
and soaring prices, that have soured Long Island's south
shore infect Buzzards Bay towns, too? Better for us if celebs
use assumed names if they buy land.
To protect its right to regulate land use, North Kingstown
commendably keeps battling developer/nightclub owner Michael
Kent. Mr. Kent is infamous for chopping down the trees and
painting the stumps blue and red on a parcel that the town
said he couldn't build on. Now he dumps manure and says he
might keep ostriches there, as he puts up signs calling his
spread ``Plum Beach Park.'' Enough!
____

[From the Seattle Times, July 30, 2001]

Free Trade and Safe Highways

Washington Sen. Patty Murray led a strong, appropriate
effort to require tougher safety standards for Mexican trucks
entering the United States.
The White House and Republican leadership waged a phony war
against this highway-safety measure with claims it undermined
the 1993 North American Free Trade Agreement and relations
with our neighbor.
Senate Minority Leader Trent Lott, R-Miss., stooped so low
as to suggest the effort was anti-Mexican. Poppycock. This is
about improving standards for Mexican trucks that are 50
percent more likely to fail U.S. inspections than American
vehicles.
Nineteen Republicans joined Senate Democrats to knock down
parliamentary attempts to tie up the requirements for regular
U.S. inspections of Mexican trucks and drivers, on-site
audits of Mexican trucking firms, and more scales and
inspectors at 27 U.S. border stations.
Suggesting inspections will inhibit free trade is more than
a bit disingenuous given that current law keeps Mexican
trucks within a 20-mile zone along the U.S. border. Earlier
this summer, the House of Representatives passed a harsh
measure to block any Mexican trucks from venturing beyond
that zone.
Opening U.S. highways to Mexico's trucking industry is in
the full spirit of NAFTA, as long as the trucks are safe and
insured. This is hardly onerous. Indeed, Canadian trucks and
truckers have a better inspection record than U.S. trucks.
Don't make too much of the Teamsters Union backing the
safety measure, as if to suggest it was a topic with heavy
labor influence. Only a fraction of U.S. drivers are
represented by organized labor. This fight is fundamentally
about highway safety.
Creating a haven of lesser standards south of the border
might invite the U.S. trucking industry to essentially re-
flag their fleets where regulations are lax.
At the same time, Congress must not create a system of
rules and standards that are thinly veiled trade barriers.
Murray and Sen. Richard Shelby, R-Ala., transportation
committee allies on this effort, are not headed in that
direction.
The White House wants to make sure NAFTA is supported and
that Mexico is nurtured as a friend, ally and trading
partner. But the Bush administration's garbled, inconsistent
response on truck safety only confused matters.
Opening America's roads to Mexican trucks and truckers is
in the best spirit of free trade. Expecting those rigs to be
adequately maintained and insured is a modest price to pay
for access to the world's most-prosperous consumer market.
____

[From the Roanoke Times & World News, July 28, 2001]

Require Mexican Trucks To Meet the Safety Test

[Press release from the ``Triple A'' Texas Chapter]

Truck Safety Inspections Must Drive Plan To Open Border; AAA Texas
Calls on Congress To Put Motorist Safety First

(News/Assignment Editors & Government/Automotive Writers)

Houston--(Business Wire)--July 25, 2001.--AAA Texas is
urging Congress to significantly increase the safety
inspections of Mexico-origination trucks before allowing them
unrestricted access to roads in Texas and the rest of the
U.S. as provided under the North American Free Trade
Agreement (NAFTA).
Currently, trucks based in Mexico are allowed to travel up
to 20 miles inside the U.S. border. Under the
administration's proposal, Mexico-origination trucks would be
allowed unrestricted access for up to 18 months before audits
and safety inspections of the owner's facilities, drivers and
their practices would be conducted. With more than 1,200
miles of border, more than 70 percent of the truck traffic
from Mexico will travel on Texas roads.
``Texas motorists are concerned about the safety of these
trucks and their drivers,'' said Public and Government
Affairs Manager Anne O'Ryan. ``Until recently, Mexico had few
safety or enforcement standards for the vehicles or the
drivers.'' Department of Public Safety officials estimate
that half of the short-haul trucks from Mexico don't meet
U.S. safety standards. The U.S. Department of Transportation
reports that more than 35 percent of trucks from Mexico were
taken out of service for safety violations in 2000. That
compares to 24 percent for U.S. trucks and 17 percent for
trucks from Canada.
The U.S. Senate is debating a proposal that would require
Mexico-origination trucks to meet the same U.S. safety
standards as trucks from Canada. Many of AAA's suggestions
are being considered in the proposal.
AAA has offered the following safety recommendations:
On-site safety audits at the company facility, prior to
authorizing their trucks to cross the border;
Significant improvements in safety inspections at the
border including enforcement of U.S. weight limits;
Adequate resources for enforcement throughout the U.S.;
Adequate and verifiable insurance on each vehicle;
Shared tracking of the company's truck and driver safety
records between U.S. and Mexican authorities; and
Enforcement of safety laws, including limiting the number
of continuous hours spent driving.
``The safety of the motoring public should not be risked in
the rush to meet an apparently arbitrary deadline,'' said
O'Ryan. The

[[Page S8512]]

Senate proposal is being debated this week for inclusion in
the Department of Transportation Appropriations bill.

Mrs. MURRAY. I will read this press release to my colleagues. It is
dated July 25. It says:

AAA of Texas is urging Congress to significantly increase
the safety inspections of Mexico-origination trucks before
allowing them unrestricted access to roads in Texas and the
rest of the U.S. as provided under the North American Free
Trade Agreement. Currently, trucks based in Mexico are
allowed to travel up to 20 miles inside the U.S. border.
Under the administration's proposal, Mexico-origination
trucks would be allowed unrestricted access for up to 18
months before audits and safety inspections of the owner's
facilities, drivers and their practices would be conducted.
With more than 1,200 miles of border, more than 70 percent
of the truck traffic in Mexico will travel on Texas roads.
Texas motorists are concerned about the safety of these
trucks and their drivers, said Public and Government Affairs
Manager Anne O'Ryan.
Until recently, Mexico had few safety or enforcement
standards for the vehicles or for the drivers. Department of
Public Safety Officials estimate that half of the short-haul
trucks from Mexico do not meet U.S. safety standards.
The U.S. Department of Transportation reports that more
than 35 percent of trucks from Mexico were taken out of
service for safety violations in 2000. That compares to 24
percent for U.S. trucks and 17 percent for trucks from
Canada. The U.S. Senate is debating a proposal that would
require Mexico origination trucks to meet the same U.S.
safety standards as trucks from Canada. Many of AAA's
suggestions are being considered in the proposal.
AAA has offered the following safety recommendations: On-
site safety audits at the company facility prior to
authorizing their trucks to cross the border; significant
improvements in safety inspections at the border, including
enforcement of U.S. weight limits; adequate resources for
enforcement throughout the United States; adequate and
verifiable insurance on each vehicle; shared tracking of the
company's truck and driver safety records between U.S. and
Mexican authorities; enforcement of safety laws, including
limiting the number of continuous hours spent driving.

I quote from O'Ryan:

The safety of the motoring public should not be risked in
the rush to meet an apparently arbitrary deadline. The Senate
proposal is being debated this week for inclusion in the
Department of Transportation appropriations bill.

These are not my words. They are not the words of Senator Shelby.
They are not the words of any Senator. They are the words of the AAA of
Texas chapter.
Our opponents have clearly lost the safety debate and, unfortunately,
instead of allowing us to move forward with a balanced bipartisan
compromise, they have used many parliamentary tactics to slow down this
process in hopes of extracting some concessions.
Their approach, I believe, is unfortunate and unsuccessful. I am not
here to respond in kind. Their attacks have done a disservice to this
important debate on the highway safety issue. I want my colleagues to
recognize these insults have been unnecessary and have delayed putting
this bill to work for the American people. Opponents held hostage a $60
billion bill that funds transportation solutions in every State because
they want to lower safety standards for Mexican trucks.
We can improve free trade and ensure our own safety at the same time.
This bill is a balanced and bipartisan compromise. I will turn to some
of the specific provisions that have the other side so concerned. They
are simple and they make sense. They do not violate NAFTA. Most
importantly, they will help keep Americans safe on the highways.
Here is what our bill requires: Mexican trucks only be allowed to
cross the border at stations where there are inspectors on duty; our
bill requires the Department of Transportation's inspector general to
certify border inspection officers are fully trained as safety
specialists capable of conducting compliance reviews; further, the
administration cannot raid the safety personnel who are working at
other areas today just to staff the southern border; that the
Department of Transportation perform a compliance review of Mexican
trucking firms and that these take place onsite at each firm's
facilities; that Mexican truckers comply with pertinent hours of
service rules; that the United States and Mexican Governments work out
a system where United States law enforcement officials can verify the
status and validity of licenses, vehicle registration, operating
authority, and proper insurance; that all State inspectors, funded in
part or in whole with Federal funds, check for violations of Federal
regulations; that all violations of Federal law detected by State
inspectors will either be enforced by State inspectors or forwarded to
Federal authorities for enforcement action; that the Department of
Transportation's inspector general certify there is adequate capacity
to conduct a sufficient number of meaningful truck inspections to
maintain safety; that proper systems be put in place to ensure
compliance with United States weight limits; that an adequate system be
established to allow access to data related to the safety record of
Mexican trucking firms and drivers; and finally, that the Department of
Transportation enact rules on the following points: To ensure that
motor carriers are knowledgeable about United States safety standards;
to improve training and provide certification of motor carrier safety
auditors; to ensure that foreign motor carriers be prohibited from
leasing their vehicles to another carrier to transport products to the
United States while the firm is subjected to a suspension, restriction,
or limitation on rights to operate in the United States; and that the
United States permanently disqualify foreign motor carriers that have
been found to have operated illegally in the United States.
These are commonsense standards which the President is opposing.
These simple, reasonable standards are what those on the other side
have used to stall this bill. Senator Shelby and I have spent hours,
which have turned into days, and now weeks, trying to find
accommodation with the opponents of this provision. Safety opponents
seem most upset by the onsite inspection and the insurance
requirements, but the truth is these are the same standards we
currently follow with Mexico in areas such as food safety.
Let's start with the requirement that American inspectors review the
records and conduct onsite inspections in Mexico. Safety opponents want
us to believe this is somehow an invasion of Mexico's sovereignty, but
there is nothing uncommon about this provision. The trucking records
and the facilities are in Mexico. That is where our inspectors need to
go if they are going to check. Onsite safety inspections are common in
other industries.

In my home State of Washington, we grow the best apples in the world.
I know the Presiding Officer may disagree, but I believe we do. They
include varieties such as the Red Delicious, the Gala, the Johnny Gold,
and the Fuji. We grow these apples in my home State of Washington, and
we export them all over the world, including Mexico. Before Mexico will
allow the growers in my State to send those apples to Mexican
consumers, those apples have to be inspected. Who inspects them?
Mexican inspectors. Where are these apples inspected? Onsite, in
Washington State. In fact, American apple growers foot the bill for
Mexican inspectors to evaluate our fruit in my home State of
Washington.
It is not just Washington State. Mexican inspectors are in
California, inspecting fruit, checking for pests in crops such as
mangoes and avocados.
Today on food safety issues, Mexican inspectors are in the United
States conducting onsite investigations in our orchards and on our
farms. To the other side, that is OK. But for some reason, when we want
our safety inspectors to conduct onsite inspections at Mexican trucking
facilities, it is an attack on Mexican sovereignty. On food safety
issues, inspectors are in both countries with the full support of both
Governments.
Why should traffic safety be any different? How can we argue that we
should protect our agricultural interests and neglect the very real
safety concerns on America's roadways? How can we protect the food
destined for America's children yet leave them vulnerable to unsafe
trucks on our roadways?
I turn now to a second issue. Safety opponents do not like the
insurance portion of this bill which requires Mexican trucks to carry
adequate insurance with an insurer that is licensed to operate in the
United States. Our safety opponents have been on the floor saying that
is discriminatory. The truth is, Canadian trucks have to follow the
same rule today. And even

[[Page S8513]]

more significantly, Mexico requires the same thing of American drivers
today. That is right. I invite my colleagues to go to the Web page of
the State of Texas Department of Insurance. You will find a special
message from the Texas Insurance Commissioner, stating:

If you plan to drive to Mexico, your preparations should
include making sure you have car insurance that will protect
you if you have an accident south of the border. Don't count
on your Texas auto policy for protection.

It goes on:

Mexico does not recognize auto viability policies issued by
U.S. insurance companies. It is important, therefore, to buy
liability coverage from authorized Mexican casualty insurance
companies before driving any distance in Mexico.

Madam President, that applies to trucks, as well. Let me repeat what
the State of Texas Insurance Commissioner is warning American drivers:

Mexico does not recognize auto liability policies issued by
U.S. insurance companies. It is, therefore, important to buy
liability coverage from authorized Mexican casualty insurance
companies before driving any distance in Mexico.

Why is it OK for American drivers to be required to get Mexican
insurance to drive to Mexico but discriminatory for Mexican drivers to
be required to get American insurance when they drive in the United
States? The truth is, there is no difference.
On yet another point, the opponents of safety standards lose because
what they oppose is already part of our relationship with Mexico and
they cannot have it both ways. We have nothing against Mexican truck
drivers. Like American truck drivers, they are just trying to earn a
living and put food on their family's table. We welcome them to the
United States. We want their trucks to be able to share our roads. But
we want them to be safe, first, both for our well-being and for their
well-being.
Unfortunately, today Mexican trucks are not as safe as American
trucks. In fact, there is not even a system in place to check the
safety of Mexican drivers. We want to enable Mexico to meet our safety
standards, which are the same safety standards Canadian drivers must
meet every day.
Right now, Mexican standards are not up to American standards. For
example, Mexico has a far less rigid safety regime in place than Canada
or the United States. Mexico has no experience with laws restricting
the amount of time a driver may spend behind the wheel. The United
States and Canada do. Mexico has no experience with logbook
requirements as a way to enforce hours of service regulations. The
United States and Canada do.
Mexico has no requirement for the periodic inspection of their
equipment for safety purposes. The United States and Canada do.
Mexico does not have a fully operational roadside inspection regime
to ensure compliance with driver and equipment safety standards. The
United States and Canada do.
Mexico does not have adequate data regarding Mexican firms or drivers
to guarantee against forged documentation as we do with domestic and
Canadian firms.
All of this means that when a Mexican truck crosses the border into
the United States, we will have virtually no assurance that those
trucks meet U.S. highway safety standards. The proof is in the record.
Mexican trucks that cross the U.S. border to legally serve the
commercial zone have been ordered off the road by U.S. motor carrier
inspectors 50 percent more frequently than U.S.-owned trucks.
Some of my colleagues in the administration think this is just fine.
I do not and Senator Shelby does not and a majority of the Senate does
not. We as a country have made great strides to improve our highway
safety. One of the greatest contributions to highway safety was an
initiative by Senator Danforth requiring a uniform commercial driver's
license or CDL here in the United States. That requirement came in the
wake of numerous horror stories where U.S. truckdrivers had their
licenses revoked and then got new licenses in other States so they
could continue driving. Jack Danforth put a stop to that. He
established a system in the United States where we monitor the issuance
of commercial driver's licenses in all 50 States to ensure that
multiple licenses are not being issued to the same driver. There is no
such system in Mexico. In fact, there is hardly a system at all that
allows access to the driving record history of Mexican drivers.
None of us want to learn of a catastrophic truck accident that could
have been avoided. For some reason our commonsense safety provisions
are being called discriminatory. Under NAFTA, we are entitled to treat
Canadian, U.S., and Mexican trucking firms differently based on what we
know about the safety risks they represent.
The opponents of this provision are fond of quoting the NAFTA
provisions related to national treatment and most-favored-nation
treatment, and they read, respectively:

Each party shall accord to service providers of another
party, treatment no less favorable than it accords in like
circumstances to its own service providers.
Each party shall accord to service providers of another
party, treatment no less favorable than it accords in like
circumstances to its own service providers of any other party
or of a nonparty.

The opponents of this provision have focused on the ``no less
favorable'' language of this clause, but they have left the other part
out. I want to spend a moment discussing ``like circumstances''
language. It permits differential treatment where appropriate to meet
legitimate regulatory goals, including highway safety. Don't take my
word for it. Let's look at NAFTA, chapter 21, which says clearly
``nothing in chapter 12''--this is the cross-border trade services
section:

. . . shall be construed to prevent the adoption or
enforcement by any party of any measures necessary to
security compliance with laws or regulations that are not
inconsistent with the provisions of this agreement including
those related to health and safety and consumer protection.

In 1993, when Congress ratified the NAFTA-implementing language, it
also approved the U.S. Statement of Administrative Actions which says
in part:

The ``no less favorable'' standard applied in articles 1202
and 1203 does not require that service providers from other
NAFTA countries receive the same or even equal treatment as
that provided to local companies or other foreign firms.
Foreign Service providers can be treated differently if
circumstances warrant. For example, a State may impose
special requirements on Canadian and Mexican service
providers if necessary to protect consumers, to the same
degree as they are protected in respective local firms.

Ultimately there is one authority that decides what violates NAFTA
and what does not, despite what we have heard on this floor over the
last week and a half. Who decides is the NAFTA arbitration panel. Here
is what they had to say in their ruling on this very topic:

The United States may not be required to treat applications
from Mexican trucking firms in exactly the same manner as
applications from the United States or Canadian firms. U.S.
authorities are responsible for the safe operations of trucks
within U.S. territory, whether ownership is United States,
Canadian, or Mexican.

So the NAFTA treaty itself stipulates that the U.S. can take measures
to ensure the safety of its citizens. Congress' intent was clearly to
allow this, and the NAFTA arbitration panel agrees.
Opponents have repeatedly quoted just part of the NAFTA treaty to
make their case. But when you look at the entire treaty, at the
specific implementing language passed by our Congress--and I will again
remind our colleagues I voted for that--and at the official arbitration
panel's ruling, it is clear that our safety provisions are consistent
with NAFTA.
Those are the facts. But in spite of the facts, we hear the
administration's allies suggesting this is driven by special interests.
Let's take a look at who those special interests are, suggesting the
Congress fulfill its obligation to protect the health and welfare of
our citizens.
Let me read to you who those special interests are who back the
majority of the Senate and the safety provisions in this bill:
Advocates for Highway and Auto Safety, Public Citizen, Parents Against
Tired Truckers, Consumer Federation of America, the Trauma Foundation,
Triple A of Texas, American Insurance Association, the California
Trucking Association, Citizens for Reliable and Safe Highways,
Commercial Vehicle Safety Alliance, an independent drivers association
in Mexico, Friends of the Earth, the Owners, Operators and Independent
Drivers Association, the Sierra Club, and organized labor.

[[Page S8514]]

Those are the special interests that believe our constituents should
be safe on our highways.
Finally, let me address the issue of implementation of NAFTA. To be
sure, this is not a problem that the Bush administration created. It is
one that it inherited. The problem is how this administration has
chosen to respond to the challenge.
As I have stated previously, this debate is not about how to keep
Mexican trucks out of the United States. This is about the conditions
under which we will let them enter. For all of the discussion of our
obligations to our neighbors to the south, my first obligation is to
the people who elected me. We can comply with NAFTA, promote free
trade, and ensure the safety of our roadways simultaneously.
I believe Senator Shelby and I have crafted a provision that will
help us achieve those goals.
The administration and its allies have taken considerable exception
to this, and while I am working with them to seek ways to address their
concerns, I am unwilling to sacrifice my principles. With the provision
contained in our bill, when you are driving on the highway behind a
Mexican truck you can feel safe. You will know that the truck was
inspected and the company has a good truck record.
You will know that American inspectors visited their facility and
examined their records.
You will know the driver is licensed and insured, and that the truck
was weighed and is safe for our roads and for our bridges.
You will know that they will keep track of which drivers are obeying
laws and which ones are not.
You will know that drivers who break our laws won't be on our roads
because their licenses will be revoked.
You will know that the driver behind the wheel of an 18-wheeler has
not been driving for 20 or 30 straight hours.
You will know that the truck didn't just cross our border unchecked
but crossed where there were inspectors on duty.
That is real safety. We should get about the business of passage.
I urge my colleagues to reject the delay and the insults and pass
this good, balanced bill that will help our country make progress on
the transportation challenges that are getting worse every day. This
bill is balanced; it is bipartisan; and it is beneficial. Let's put it
to work for the American people.
I retain the remainder of my time.
The PRESIDING OFFICER (Mrs. Boxer). The Senator from Texas.
Mr. GRAMM. Madam President, our dear colleague from Washington says
opponents of this provision--such as the New York Times, the Washington
Post, the Chicago Tribune, the Cleveland Plain Dealer--are trying to
cloud the issues. But supporters of her provision, such as the Deseret
News, see it in crystal-clear terms.
Let me begin by saying that our colleague from Washington asked: Who
can be opposed to truck safety? How could anyone be in favor of unsafe
trucks on American roads? The answer to that is very simple. No one is
opposed to truck safety. No one wants unsafe trucks on our roads.
I will begin by asking that amendment No. 1053, which is the
substitute that Senator McCain and I submitted, and which is supported
by the administration, be printed in the Record.
There being no objection, the amendment was ordered to be printed in
the Record, as follows:

Amendment No. 1053

On page 72, beginning with line 14, strike through line 24
on page 78 and insert the following:
Sec. 343. Safety of Cross-Border Trucking Between United
States and Mexico.--No funds limited or appropriated by this
Act may be obligated or expended for the review or processing
of an application by a motor carrier for authority to operate
beyond United States municipalities and commercial zones on
the United States-Mexico border until--
(1) the Federal Motor Carrier Safety Administration--
(A)(i) requires a safety review of such motor carrier to be
performed before the carrier is granted conditional operating
authority to operate beyond United States municipalities and
commercial zones on the United States-Mexico border, and
before the carrier is granted permanent operating authority
to operate beyond United States municipalities and commercial
zones on the United States-Mexico border;
(ii) requires the safety review to include verification of
available performance data and safety management programs,
including drug and alcohol testing, drivers' qualifications,
drivers' hours-of-service records, records of periodic
vehicle inspections, insurance, and other information
necessary to determine the carrier's preparedness to comply
with Federal motor carrier safety rules and regulations; and
(iii) requires that every commercial vehicle operating
beyond United States municipalities and commercial zones on
the United States-Mexico border, that is operated by a motor
carrier authorized to operate beyond those municipalities and
zones, display a valid Commercial Vehicle Safety Alliance
decal obtained as a result of a Level I North American
Standard Inspection, or a Level V Vehicle-Only Inspection,
whenever that vehicle is operating beyond such motor carrier
operating a vehicle in violation of this requirement to pay a
fine of up to $10,000 for each such violation;
(B) establishes a policy that any safety review of such a
motor carrier should be conducted on site at the motor
carrier's facilities where warranted by safety considerations
or the availability of safety performance data;
(C) requires Federal and State inspectors, in conjunction
with a Level I North American Standard Inspection, to verify,
electronically or otherwise, the license of each driver of
such a motor carrier's commercial vehicle crossing the
border, and institutes a policy for random electronic
verification of the license of drivers of such motor
carrier's commercial vehicles at United States-Mexico border
crossings;
(D) gives a distinctive Department of Transportation number
to each such motor carrier to assist inspectors in enforcing
motor carrier safety regulations, including hours-of-service
rules part 395 of title 49, Code of Federal Regulations;
(E) requires State inspectors whose operations are funded
in part or in whole by Federal funds to check for violations
of Federal motor carrier safety laws and regulations,
including those pertaining to operating authority and
insurance;
(F) authorizes State inspectors who detect violations of
Federal motor carrier safety laws or regulations to enforce
such laws and regulations or to notify Federal authorities of
such violations;
(G)(i) determines that there is a means of determining the
weight of such motor carrier commercial vehicles at each
crossing of the United States-Mexico border at which there is
a sufficient number of such commercial vehicle crossings; and
(ii) initiates a study to determine which crossings should
also be equipped with weight-in-motion systems that would
enable State inspectors to verify the weight of each such
commercial vehicle entering the United States at such a
crossing;
(H) has implemented a policy to ensure that no such motor
carrier will be granted authority to operate beyond United
States municipalities and commercial zones on the United
States-Mexico border unless that carrier provides proof of
valid insurance with an insurance company licensed in the
United States;
(I) issues a policy--
(i) requiring motor carrier safety inspectors to be on duty
during all operating hours at all United States-Mexico border
crossings used by commercial vehicles;
(ii) with respect to standards for the determination of the
appropriate number of Federal and State motor carrier
inspectors for the United States-Mexico border (under
sections 218(a) and (b) of the Motor Carrier Safety
Improvement Act of 1999 (49 U.S.C. 31133 nt.)); and
(iii) with respect to prohibiting foreign motor carriers
from operating in the United States that are found to have
operated illegally in the United States (under section 219(a)
of that Act (49 U.S.C. 14901 nt.)); and
(J) completes its rulemaking--
(i) to establish minimum requirements for motor carriers,
including foreign motor carriers, to ensure they are
knowledgeable about Federal safety standards (under section
210(b) of the Motor Carrier Safety Improvement Act of 1999
(49 U.S.C. 31144 nt.)),
(ii) to implement measures to improve training and provide
for the certification of motor carrier safety auditors (under
section 31148 of title 49, United States Code), and
(iii) to prohibit foreign motor carriers from leasing
vehicles to another carrier to transport products to the
United States while the lessor is subject to a suspension,
restriction, or limitation on its right to operate in the
United States (under section 219(d), of that Act (49 U.S.C.
14901 nt.)),

or transmits to the Congress, within 30 days after the date
of enactment of this Act, a notice in writing that it will
not be able to complete any such rulemaking, that explains
why it will not be able to complete the rulemaking, and that
states the date by which it expects to complete the
rulemaking; and
(2) until the Department of Transportation Inspector
General certifies in writing to the Secretary of
Transportation and to the Senate Committee on Commerce,
Science, and Transportation, the Senate Committee on
Appropriations, the House of Representatives Committee on
Transportation and Infrastructure, and the House of
Representatives Committee on Appropriations that the
Inspector General will report in writing to the Secretary and
to each such Committee--
(A) on the number of Federal motor carrier safety
inspectors hired, trained as safety specialists, and prepared
to be on duty during

[[Page S8515]]

hours of operation at the United States-Mexico border by
January 1, 2002;
(B) periodically--
(i) on the adequacy of the number of Federal and State
inspectors at the United States-Mexico border; and
(ii) as to whether the Federal Motor Carrier Safety
Administration is ensuring compliance with hours-of-service
rules under part 395 of title 49, Code of Federal
Regulations, by such motor carriers;
(iii) as to whether United States and Mexican enforcement
databases are sufficiently integrated and accessible to
ensure that licenses, vehicle registrations, and insurance
information can be verified at border crossings or by mobile
enforcement units; and
(iv) as to whether there is adequate capacity at each
United States-Mexico border crossing used by motor carrier
commercial vehicles to conduct a sufficient number of vehicle
safety inspections and to accommodate vehicles placed out-of-
service as a result of the inspections.

In this section, the term ``motor carrier'' means a motor
carrier domiciled in Mexico that seeks authority to operate
beyond United States municipalities and commercial zones on
the United States-Mexico border.

Mr. GRAMM. Madam President, I want people to see this amendment
because the amendment requires that every Mexican truck be inspected.
It requires that the most stringent safety standards are met before
Mexican trucks come into America, but it does it in a way that complies
with NAFTA, a treaty obligation of the United States. It does it in a
way that is common sense, to use the Senator's words, and that deals
with legitimate safety concerns.
Rather than going on all day, let me try to do the following thing,
which I think represents about as fair a way of responding to the
Senator from Washington as one can respond.
She sets the standard that it be common sense and that it meet
legitimate safety concerns. I wish to add to that that it not violate
treaty obligations of the United States.
I would like to take four provisions of the amendment of the Senator
from Washington, and I would like to submit it to those tests.
I have to say that I am quite pleased that the major newspapers in
America have not been confused by this debate. In fact, the Chicago
Tribune probably put it best in their lead editorial entitled ``Honk if
you smell cheap politics.''

The truth is that Teamsters truckers don't want competition
from their Mexican counterparts.

I am pleased that people have not been confused. But in case anybody
still has any confusion about what we are talking about, I want to take
five provisions from the Murray amendment and submit them to her test
of common sense, legitimate safety concerns, and do they violate NAFTA.
The first has to do with a provision of the Motor Carrier Safety
Improvement Act of 1999. This is a bill that was adopted by Congress,
that has not been implemented fully by either the Clinton
administration or the Bush administration, and it has to do with
safety. These provisions apply to every truck operating on American
highways. They apply to United States trucks, to Canadian trucks, and
to Mexican trucks.
The Senator from Washington says in her amendment that until this
1999 law is fully implemented, even though it applies to American
trucks, American trucks can continue to operate; and even though this
law applies to Canadian trucks, Canadian trucks can continue to
operate; but until this law is fully implemented, until the regulations
are written--and the administration says that these regulations cannot
be written and this bill cannot be fully implemented for at least 18
months--until that is the case, no Mexican truck would be allowed to
operate in interstate commerce in the United States. And that provision
would be clearly in violation of NAFTA.
I ask a question: If it is common sense that we don't want trucks to
operate until this law is implemented, why don't we say all trucks? In
fact, if we said all trucks, we probably would not be able to eat lunch
this afternoon. But it would be common sense and it would not violate
NAFTA.
The first provision of the Senator's amendment, in essence, says that
something that cannot happen for 18 months has to be done before we are
going to comply with a treaty related to Mexican trucks. That is as
arbitrary as saying that Mexican trucks can't come into the United
States until the 29th of February falls on a Tuesday. It is totally
arbitrary, and it is aimed at only one objective; that is, to treat
Mexican trucks differently than American trucks, differently than
Canadian trucks, and in the process of violating NAFTA.
I think any objective person would say that requiring an action that
has nothing to do with Mexican trucks to be undertaken by the U.S.
Government before we are going to live up to a solemn treaty obligation
of the United States has no element of common sense in it, nor does it
have anything to do with legitimate safety. If it had anything to do
with legitimate safety, we would restrict all trucks until this law was
implemented.
Finally, the final test: Does it violate NAFTA?
Our requirement under NAFTA is very simple. It is one sentence. It is
in the section on cross-border trade and services on page 1129. It
says:

Each party shall accord the service providers of another
party treatment no less favorable than that it accords in
like circumstances with its own service provider.

This is the point: We are saying to American truckers that you can
operate every day, even though this 1999 law is not implemented. We say
a few Canadian trucks can operate today, even though this law is not
implemented, but Mexican truckers can never operate, even though in
NAFTA we promised they could. They can never operate until this law is
fully implemented and the regulations are written.
That is clearly not equal protection of the law; it is clearly not
equal treatment; and it clearly violates NAFTA.
The second provision of the Murray amendment that doesn't make common
sense, that has nothing to do with legitimate safety, and that violates
NAFTA has to do with truck leasing.
Let me set it in context. Big trucking companies don't own trucks
anymore. They lease them to each other. The last thing any trucking
company can afford to do is have trucks that cost $250,000 sitting in
their parking lot.
(Mrs. BOXER assumed the chair.)
Mr. GRAMM. So what happens is, when a trucking company loses business
or is under some limitation, the first thing they do is get on the
Internet, and they put their trucks out for lease. They lease them to
other companies, and the trucks are used. You cannot stay in the
trucking business if you cannot lease your trucks.
The second provision of the Murray amendment says, if any Mexican
trucking company is under any suspension, restriction, or limitation,
they cannot lease their trucks.
There is not a major trucking company in America today that is not
under some restriction or some limitation. You cannot operate trucks in
America without having some restriction or limitation. It may be that
you thought your turn signal was working, and it was not when you were
inspected, or your mud flap tore off, but there is not a major trucking
company in America today that does not have some limitation.
What the Murray amendment says is it is OK if a Canadian company has
a limitation or has a suspension; they can lease their trucks to
another company to operate--after all, they would go broke if they
could not do it--and any American company that is under a restriction
or a limitation can lease its trucks. But under the Murray amendment, a
Mexican company that is under a restriction or a limitation cannot
lease its trucks.
Does that make common sense? No. Is that a legitimate safety issue?
No. Does that violate NAFTA? You bet your life it violates NAFTA
because it treats Canadian companies and it treats American companies
different from Mexican companies.
Why, if your objective is safety, would you want to have a provision
that says that while Canadian companies can lease trucks and American
companies can lease trucks--because they have to do it to stay in
business--Mexican companies cannot lease trucks? You do not put that in
an amendment because you are concerned about safety; you put it in an
amendment as a poison pill to make it impossible for Mexican companies
to operate in the United States. It is as arbitrary as saying: We can
take our safety exams in English, but Mexican truck

[[Page S8516]]

drivers have to take their safety exams in Chinese. It is totally
pernicious and totally discriminatory against Mexico.
Now look, you can argue we should have or we should not have entered
into an agreement to allow a North American market to be opened to
trucks of the three countries that joined the agreement. But the point
is, we did agree to it. It was signed by a Republican President. We
ratified it in Congress under a Democrat President. The final
enforcement is occurring under a Republican President. We are committed
to the obligations we entered into here.
No one can argue that not allowing Mexican companies to lease
trucks--when no major American company could operate without being able
to lease trucks--is a legitimate safety concern. No one can argue that
that has anything to do with the application of common sense, nor can
anybody argue that that does not violate NAFTA.
Now, today, almost every truck in Canada is insured by a company that
is domiciled outside the United States. Most of them are insured by
Lloyds of London. Some are insured by Canadian companies. Some are
insured by European companies. The plain truth is, it is almost
impossible in the world in which we live to know where an insurance
company is domiciled because insurance companies are now doing business
all over the world. So it is very difficult to know what
``nationality'' they are.

American trucking companies are not required to buy insurance from
American companies. In fact, some of them have insurance with Dutch
companies, with British companies and with Canadian companies. That is
the way we operate. And that is common sense. That meets legitimate
safety concerns. And that does not violate NAFTA. But whereas we let
Canadian trucking companies buy insurance that is not sold by American-
domiciled companies, and whereas we let American trucking companies buy
insurance that is not sold by American-domiciled companies, the Murray
amendment requires that Mexican trucks purchase insurance from
companies domiciled in the United States. That violates common sense.
It is not a legitimate safety issue, and it clearly violates NAFTA.
No. 4, as I mentioned earlier, almost any trucking company, at any
one time, would have numerous violations--some small, some large, but
it would have numerous violations--and you have a gradation of
penalties for those violations. The same is true with regard to
Canadian companies. But under the Murray amendment, if you are a
Mexican company--we say in NAFTA that you are going to be treated
exactly as an American company, exactly as a Canadian company; no
better, no worse--but under the Murray amendment, if you have a
violation, you are barred from operating in the United States of
America. You have a penalty, and it is the death penalty.
Does that make common sense? Is that a legitimate safety concern? Is
that a violation of NAFTA? The answer is, no, no, yes. It does not make
common sense; it is not a legitimate safety concern; and it does
violate NAFTA.
Let me just take a simple provision. If you needed living proof that
this debate has nothing to do with safety, let me pose the following
question: If you really wanted safe Mexican trucks--and I remind my
colleagues that with the support of the administration, Senator McCain
and I offered an amendment that required the inspection of every single
Mexican truck coming into the United States, something we do not do
with regard to Canadian trucks, something we do not do with regard to
our own trucks, but if you were really concerned about safety, and you
were going to implement NAFTA and allow Mexican trucks in interstate
commerce, would you want to take your best, most experienced inspectors
and put them where they are going to be inspecting Mexican trucks? I
would. And I think that is a reasonable question.
If your concern is safety and not protectionism, if your concern is
legitimate safety and not a back door way of violating NAFTA, if your
concern is about safe trucks, not about keeping Mexican trucks out of
the United States, wouldn't you want to have your most experienced
inspectors inspecting Mexican trucks --and we require inspecting every
one of them--because you want your best people inspecting new trucks
that are coming into the country for the first time? Doesn't that make
sense?
Would it make any sense, if your objective was safety, to have a
provision that current inspectors who have training and experience
could not be moved to inspect Mexican trucks? Could anyone who had any
concern about safety of Mexican trucks support a provision that said
you could not take inspectors who are trained and experienced and move
them to the Mexican border to inspect existing trucks?
You have to start from scratch. You have to hire new people, you have
to train them, and you have to get them experienced. Remember, months,
years are ticking off the clock.
Could anybody have any reason to believe that a provision that said
experienced inspectors could not be moved so they would be inspecting
new Mexican trucks coming into the United States--if your concern was
about safety, that would be the last provision you would ever put in
your bill. If you were concerned about safety, you would never ever
support a provision that said you have to inspect Mexican trucks, but
you cannot take people who are trained and experienced--who are now
inspecting trucks --and move them so that they can inspect Mexican
trucks. That would be the last thing on Earth you would ever do. But
the Murray amendment does it.
Remarkably enough, the Murray amendment says that they are so eager
to inspect these Mexican trucks, that they are so concerned about their
safety, that not one inspector who is currently inspecting trucks in
America, not one inspector who currently has both training and
experience, can be moved to meet this new need of inspection.
Why on Earth would anybody who is concerned about safety ever have
such a provision? The only reason that any such provision would ever be
written into an amendment is if the objective was not safe Mexican
trucks but the objective was no Mexican trucks.
The Murray amendment literally says: Anybody who is currently
inspecting trucks, anybody currently licensed to inspect trucks,
anybody currently trained to inspect trucks cannot be moved so that
they inspect Mexican trucks. They have to be recruited, trained, and
then they have to get practical experience.
The net result of that is not safe Mexican trucks; quite the
contrary. To the extent they came into the country, it would mean
unsafe trucks. But the objective, the only logical, commonsense reason
that such a provision would ever be in a bill is if you want to
prohibit Mexican trucks.
Our colleagues can say over and over and over and over again that
this is about safety. The problem is, the administration, Senator
McCain, and I support inspecting every Mexican truck, something we do
not do with Canadian trucks, something we do not do with American
trucks. We support employing exactly the same standards in requiring
them to meet every standard we have to meet, and we support a more
stringent inspection regime until they prove they are meeting those
standards.
What we do not support, what we cannot support or accept, and what we
will continue to oppose through three more clotures and ultimately a
Presidential veto, is discrimination against Mexico. We will not
support and we will not accept provisions that go back on our
commitment in NAFTA.
The greatest country in the history of the world does not violate
commitments it makes in treaties. I repeat: While I know it is easier
to cover this story by saying this is about various levels of safety
standards, the things that the administration objects to and the
Mexican Government objects to and Senator McCain objects to and I
object to have nothing to do with safety. They have to do with
provisions that are written for one and only one purpose; that is, to
prevent Mexican trucks from coming into the United States and, in the
process, violating NAFTA.
I have outlined--there are others I could go through--five
irrefutable examples where we say: Until some regulation is promulgated
that applies to all trucks, not just Mexican trucks, that Mexican
trucks shall not come into the country.
I have talked about not letting Mexican trucking companies lease
their

[[Page S8517]]

trucks when we let American and Canadian companies lease their trucks.
The only reason you would not do it is if you want to make it so people
cannot be in the trucking business. I have talked about buying
insurance. We don't make our own companies buy American insurance. We
make them buy insurance that is licensed, that meets our standards, but
they can buy Dutch insurance, British insurance, Canadian insurance,
Japanese insurance. What this provision would do is treat Mexico
differently than everybody else.
This is not about safety. This is about discrimination. This is about
treating Mexico, an equal partner in NAFTA, as a second-class citizen.
This is about sham safety provisions that basically have the result of
preventing Mexican trucks from operating in the United States and
violating NAFTA.
Let me conclude by making the following point: It is an incredible
paradox. A lot of talk has been made about Mexican trucks. Today
Mexican trucks bring goods to the border, come across the border, go to
a warehouse, and unload and go back. The Mexican trucks that are
operating in the 20-mile radius of the border are basically hauling
watermelons and cabbages and vegetables. You are dealing with old
trucks. People do not haul cabbages across the border in 18-wheelers.
The figures being used about safety inspections, even though Mexican
trucks are being inspected twice as much as Canadian trucks today--and
by the way, the drivers in the inspections are being rated better than
American drivers; many of them are college graduates--people are using
trucks that are hauling cabbages as an example of the kind of trucks
that are going to be operating in interstate commerce.
The plain truth is that Mexican trucking companies are going to lease
trucks from the same leasing companies that lease trucks to American
trucking companies, and they are going to buy new trucks to lease. The
debate is not about safety. The debate is about protectionism. The
debate is about a well-organized special interest group, the Teamsters
union, which has worked very hard to try to prevent the United States
from living up to NAFTA. They are not going to win.
First of all, we have three more clotures, and we intend to use every
right we have because this is an important issue. I have to say, I am
surprised that so many of the major newspapers in America--the New York
Times, the Washington Post, the Chicago Tribune, the Cleveland Plain
Dealer--despite all of this fog of rhetoric, ``safety, safety, safety,
safety,'' when the provisions in dispute have nothing to do with
safety, I am pleased that they have seen through the fog.
The reason the Founding Fathers structured the Senate as they did was
that they were not counting on the New York Times or the Washington
Post seeing through the fog. They recognized that there were going to
be issues where you were going to have well-organized special interest
groups standing outside that door. They were going to be lobbying. They
were going to be pushing, and it was going to be possible to take raw,
rotten special interests--in this case, special interests that would
have us violate a solemn treaty agreement of the United States--and
make us hypocrites all over the world when we call on our trading
partners to live up to their agreements, when we are violating our
agreement with our neighbor to the south.

The Founding Fathers recognized that people would get confused, that
issues would get clouded. And so when they structured the Senate, they
gave a few Senators--one Senator, any Senator--rights to defend their
position. Senator McCain and I have used those rights. We are going to
continue to use them. There are three more clotures before this bill
will ever go to conference. The bill, if it does get to conference,
will be fixed, or the President will veto it, and we will start the
whole process over.
In the end, when we are dealing with something as important as NAFTA,
when we are dealing with something as important as America living up to
its treaty obligations, if that is not worth fighting for, the job of a
Senator is not worth having.
I am pleased that the major papers in America are not confused. I am
pleased that it is clear to them that people should know that this is
about special interests. This does violate NAFTA. I have given five
clear examples, beyond any reasonable doubt, where no person could
argue that the provisions of the Murray amendment have any objective at
all other than preventing Mexican trucks from coming into the country.
The one that I spent the most time on is the one that has to do with
simply the question of whether you want inspectors to inspect Mexican
trucks. The Murray amendment says no. Any inspector currently
inspecting trucks in America can't go inspect Mexican trucks. You have
to hire new people. You have to train them. You have to let them get
experience.
That provision is not about safety. That provision is about raw,
rotten protectionism. Happily people are recognizing it for what it is.
I yield the floor.
The PRESIDING OFFICER (Ms. Cantwell). The Senator from Texas is
recognized.
Mrs. HUTCHISON. Madam President, I think it is very important that we
go back and look at what has happened on the issue of Mexican trucks,
NAFTA, and the safety of American highways.
When NAFTA was passed, it was explicit in permitting the Federal
Government and individual States to establish and enforce their own
requirements for truck safety. It also said that there should be a
single standard in every jurisdiction. So the standard should apply to
trucks from the United States, Mexico, and Canada.
However, what I think has been missed in this debate is the ruling of
the international tribunal in February which, it has been pointed out,
did find the United States in violation because we actually had halted
the truck safety rules in 1995 in this country, and so the United
States had failed to meet the deadline.
But the other part of this Mexican tribunal ruling was that the
United States does not have to treat applications from Mexican-based
carriers in exactly the same manner as United States or Canadian firms.
In fact, there are some differences in the treatment of Canadian firms
because of different operating authorities in that sovereign country.
The panel also said that the United States is not required to grant
operating authority to any specific number of Mexican applicants. I
went back and looked at the makeup of the NAFTA tribunal because I
thought it would be important to know. The tribunal was two Mexican
citizens, two United States citizens, and the chairman was from
Britain. The vote was unanimous because it was noted that there could
be different rules for certain countries because of the significant
differences in the country's safety regimes. So this was not a 3-2
vote, where the Mexican nationals voted differently from the United
States and British nationals. It was a unanimous vote that acknowledged
there would be differences that could be addressed.
The Bush administration, to its credit, is playing catchup because we
have had 5 years of delays from the previous administration. Their
proposed rule that came out of the Department of Transportation was a
start, but it was not adequate to provide clear United States safety
under any kind of term that would be considered acceptable.
The original Department of Transportation rule would require that,
for the first 18 months of operation, Mexican carriers would be
required to comply with documentary production, insurance requirements,
and undefined safety inspections. The rule was vague and insufficient.
That is why I sat down with officials from the Department of
Transportation and I said: These rules are inadequate. We cannot allow
trucks to come into our country that haven't either been certified or
inspected, and the certification would only come from inspection. That
would not be prudent. It would not be responsible.
The Department of Transportation authority agreed. We have been
working all along--Senator Murray, Senator Shelby, Senator Gramm, and
Senator McCain, along with myself--with the Department of
Transportation to beef up those rules. I think it is fair to say that
the Murray-Shelby language has part of the requirement for beefing up
those rules, and Senators McCain and Gramm have suggested, in the form

[[Page S8518]]

of drafts, other requirements. In fact, I have offered
other requirements that are not in either bill, which I think are very
important.

Yes, I think we can change some of the parts in this underlying bill.
I think the discussion that has been going on for almost 2 weeks on
this floor is really a process discussion, not a substantive one. I say
that because I think we are very close to agreeing to the parts of the
underlying bill that should remain, the parts that should change; and I
think all of us are in agreement that the House version is unacceptable
because the House version does what has caused us to get in trouble
under the NAFTA agreement, and that is shut down the regulations and
act as if we are just not going to comply. That is not responsible. The
House position is not tenable.
On the other hand, I think we are very close to significant changes
in the original Department of Transportation regulation because they
were totally inadequate and they now have stepped up to the plate and
agreed, working with Senator Murray, myself, and with Senators Gramm
and McCain, to come up with good safety regulations.
The bottom line for all of us is that we must have inspections of
every truck. When we talk about whether we go into Mexico to the site
of the trucking company to make the inspection, I think we should do
that if we have the permission to do it. And it will be in the interest
of the trucking company in Mexico to allow the inspectors in, because
if you get the certification stamp on your truck as a result of being
inspected onsite, then your truck will not be stopped at the border. It
will have been inspected and certified, and you will be able to operate
it under the same rules as a U.S. truck operates. And if the Mexicans
agree that it is in their best interest--and I think they will--then
that is going to alleviate a lot of problems, and it is going to ensure
the inspections that will ensure the safety.
Secondly, the Murray language in the underlying bill does something
very important to implement this regulation, which the House failed to
do, and that is, it has the $103 million that has been requested by the
President to finance the infrastructure to hire and train the
inspectors at the border and to provide aid to States to inspect trucks
along the United States-Mexico border.
Now, I cannot imagine anything worse than saying we are going to have
all these regulations, but we are not going to have any inspectors. One
of the reasons so many of my border constituents are concerned about
the Mexican truck issue is because we have had Mexican trucks within a
20-mile limit through the border, and they have not all been inspected;
they have not all met the requirements that would make people on our
highways feel safe. In fact, I will quote from the AAA Texas Chapter
press release in which it says:

The U.S. Department of Transportation reports that more
than 35 percent of trucks from Mexico, under this 20-mile
rule, were taken out of service for safety violations in
2000. That compares to 24 percent for U.S. trucks and 17
percent for trucks from Canada.
It is very important we look at the people who are living with this
problem the most right now. We have had a lot of editorials read into
the Record, and I will read two editorials from Texas newspapers, one
from the El Paso Times. The heading is: ``It Is About Safety. No ifs,
ands or trucks--unless they pass the test.''

So it is very important.
I ask unanimous consent the editorial from the El Paso Times be made
a part of the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:

[From the El Paso Times, July 29, 2001]

It's About Safety--No Ifs, Ands or Trucks--Unless They Pass Tests

Just as the U.S. Senate was voting in favor of tough safety
standards for Mexican trucks crossing into the United States,
a new truck-inspection site sprang up at Delta Drive and
Hammett Street, near the Bridge of the Americas.
It was a welcome surprise, given the extreme level of
concern about the safety of Mexican trucks coming into the
country and driving through El Paso.
State Rep. Joe Pickett, D-El Paso, said the information
gleaned from the inspections would be forwarded to President
Bush to let him know ``what kind of trucks are coming
through.''
Bush is currently engaged in a bitter fight with Congress
over how tough safety standards should be for Mexican trucks
entering this country. Bush has threatened to veto the
tougher rules the Senate is advocating.
The new inspection station near the Americas Bridge should
furnish a clearer picture of how bad the safety problems with
Mexican trucks are or aren't. Between January and June,
inspectors at international bridges placed 132 American
trucks out of service--and 944 Mexican trucks. That indicates
a severe problem exists.
Pickett said the state isn't planning to make the new
inspection station a permanent fixture. But during its
lifespan, it should be able to furnish much pertinent
information to the discussion over truck safety.
Meanwhile, the president and Congress have to meet at some
middle ground concerning Mexican trucks. The North American
Free Trade Agreement mandates allowing Mexican trucks access
to all parts of the United States.
That, of course, should be honored.
But both Congress and the president must also look out for
the safety of American highways and American motorists.

Mrs. HUTCHISON. Madam President, I will also read from the Austin
American Statesman of July 31, 2001; the headline, ``No Matter Their
Origin, Trucks Must Be Safe.''

For Central Texans, the fight over Mexican trucks on
America's roads and highways is more than just an inside-the-
beltway partisan political battle. Austin is ground zero for
trucks coming across the border and up Interstate 35. I-35
from San Antonio to Dallas is already one of the most
dangerous stretches of interstate in the Nation. Adding
thousands of unsafe trucks to the mix increases the threat to
accidents, injuries and fatalities. What is spirited debate
and hardball politics in Washington is deadly reality in
Austin. In fact, both sides may be right. A NAFTA panel said
as much earlier this year when it found the United States in
violation of the treaty for restricting Mexican trucks but
then added, the safety of trucks crossing the border is a
legitimate issue and an important responsibility of the
Federal Government.

That is the tribunal that was unanimously speaking with two Mexican
members, two United States members, and a British chairman.
It goes on to say:

Congress should not abrogate NAFTA for purely political
purposes and force Mexican trucks to meet stiffer standards
than the American-Canadian fleets. If the Mexican trucks do
not meet the standards, however, pull them off the road. It
should, as President Bush suggests, step up inspections and
increase enforcement of the safety standards already in
place.

That is exactly what the bill before us today does. It beefs up
inspections.
This is common sense. Of course we must beef up inspections. The
Murray language does that. Of course we must pay for it. The Murray
language makes it a priority.
After the House passed the amendment that would shut down the
inspections at the border and take the money away, I went to Senator
Murray and said, this is not responsible governing. She agreed, and she
has worked with a lot of different interests to try to forge what is
right. Maybe it is not perfect. I do not agree with every single part
of it. I think Senator Gramm and Senator McCain have made a few good
points, but I do not think holding up the bill and keeping progress
from going forward is the right approach. They certainly have the right
to do that, as any Member of the Senate does, but I do not think we are
going to get to the goal they want by holding up the bill.
We have a workable bill before us. We can make some changes, and I
think Senator Murray will work with us to make those changes.
The Department of Inspection and President Bush have made very solid
suggestions on what we need to uphold NAFTA and to uphold the integrity
of safety on the U.S. highway system.
I hope the games will end. I hope we can go forward with a very good
start on this problem so we will be able to immediately begin the
process of putting those border inspection stations in

[[Page S8519]]

place, because without the inspections, none of this is going to make
sense. I assure my colleagues, we will not have safety if we do not
have the capacity to inspect, and that is the most important goal we
should all have.
I agree with the Austin American Statesman and the El Paso Times.
These are two cities. Austin is our State capital. El Paso is the
largest Texas border city with Mexico. The largest Mexican city on the
entire border is Juarez. We know safety is important for every person
who is on our highways: Americans, Hispanic Americans, Black Americans,
Asian Americans, and foreign people traveling on our highways. We have
a reputation for safety. We must uphold that reputation for the sake of
our families and our children.

I do not want unsafe American trucks. I do not want unsafe American
cars. That is why we have inspection requirements because people
traveling on our highways feel safe, and we must assure they stay that
way.
We are close to a compromise. I do not really think we are talking
substance anymore. We are talking process. We have a solution the
Department of Transportation, the President of the United States, and
every Member of the Senate is going to agree is the right solution. The
real donnybrook is whether we put it on the bill now or we hammer it
out in conference with all sides at the table. We can do it in
conference with all sides at the table.
Reasonable minds can disagree on this. I certainly think every
Senator has the right to hold up progress, but inevitably we are going
to sit down at the table in conference and work this out. I hope that
does not mean September because we will have lost a month of setting up
those inspection stations and starting the process of getting our house
in order to have inspections of every truck coming into our country,
from Canada or Mexico.
If we wait until September, because of the process initiatives that
have been going on for over a week on this bill, we are not serving the
best interests of our constituents and the people who depend on us to
make the right decisions. I hope we will listen to the tribunal that
spoke out and said we have the sovereign ability to keep our roads
safe. We can come to an agreement that will do that and comply with our
responsibilities under trade agreements as well.
I yield the floor.
Mrs. MURRAY. Madam President, 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. ALLARD. Madam President, I ask unanimous consent the order for
the quorum call be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. ALLARD. Madam President, I ask unanimous consent to speak on a
subject unrelated to the topic that is now before us, and that my
comments follow those of the Senator from Mississippi this morning, Mr.
Cochran, who spoke on missile defense.
The PRESIDING OFFICER. Is there objection?
Mr. REID. Reserving the right to object, could I ask the Senator for
how long he wishes to speak?
Mr. ALLARD. I request 20 minutes.
Mr. REID. That will be fine. I ask unanimous consent I be recognized
at the expiration of those remarks.
Mr. DORGAN. Reserving the right to object, and I shall not, of
course, object to the request to speak, my understanding is we are on
the Department of Transportation appropriations bill. I came over
intending to speak on that matter, on the amendment that has been
discussed most recently.
The Senator from Nevada wishes to be recognized following the Senator
from Colorado; is that correct?
Mr. REID. Yes.
The PRESIDING OFFICER. That is the understanding of the Chair.
Mr. DORGAN. I shall not object. I did want to indicate I wanted to
speak on this bill, on the amendment, but I will certainly defer to the
morning business request.
The PRESIDING OFFICER. The Senator from Colorado is recognized.
(The remarks of Mr. Allard are printed in today's Record under
``Morning Business''.)
The PRESIDING OFFICER. The Senator from Nevada.
Mr. REID. Madam President, I heard this morning the Senator from
Washington, the manager of this bill, talk about why this legislation
is important. Earlier this morning, I talked about why this legislation
is important to people of the State of Nevada. I heard her this morning
read into the Record the names of organizations that support this
legislation, and a few minutes later I walked over to my office.
As I walked to my office, one of my friends said: I would like you to
meet someone. As I proceeded over to see the person that I was asked to
meet, I was introduced to a woman from the State of Maine. I cannot
remember her name. I was introduced to her outside this Chamber. She
was here representing Parents Against Tired Truckers. It doesn't sound
like much, does it?
This woman lost a son. In 1993, her son was killed by a truckdriver
who had been on the road too long. That is what this legislation is all
about, making sure our roads are safer. I acknowledge that there are
things we could do with American truckdrivers that would create safer
ways for me and my family to travel on these roads. But we do not need
to get into that today.
What we need to get into today is recognizing what Senators Murray
and Shelby have done, which is to write legislation to make our roads
safer so that we do not have this organization gaining more parents who
have lost children as a result of tired truckers.
I told the woman whose son was killed in 1993: I appreciate you being
involved for so long.
She said: I am never going to give up.
That is how I look at the Senator from Washington: She is never going
to give up. She believes strongly that what she and Senator Shelby have
crafted is fair. Keep in mind, it is not as if the Senator from
Washington is working in a vacuum.
What the House of Representatives did, by a 2-1 vote, is outlaw
Mexican trucks coming into the United States. So it seems to me this
approach is reasonable; it does not outlaw all Mexican trucks coming
into the United States, but to say we want Mexican trucks coming into
the United States to have certain basic safety features. And we want to
check to see if they are adhering to those safety features. That is
what her legislation does.
So I personally am very happy with this legislation. It is no wonder
that we have people lobbying the Senate. When you hear about lobbyists,
the first thing you think of are people wearing Gucci shoes and driving
in limousines. The woman from Maine did not have a limousine, and she
was not wearing Gucci shoes. She paid her own way here to advocate for
safer highways. This legislation is important to her.
That is why we have all kinds of organizations--too lengthy to put in
the Record; some of these names have already been put in the Record--
that are advocates for highway and auto safety.
Public Citizen is a public interest organization that is involved in
many things dealing with consumer safety. They are concerned about this
legislation. They favor the Murray proposal.
Consumer Federation of America: Of course, we know what the Consumer
Federation of America is. It is an organization that supports consumers
getting a fair break in America. That is what the legislation is from
the Senator from Washington. It is just to make sure that the traveling
public will be on highways and roads where the trucks coming from other
countries have certain minimal safety features. That is how I look at
it. Others may look at it differently.
The Trauma Foundation: Why would the Trauma Foundation be interested
in legislation such as this? The Trauma Foundation is interested in
legislation such as this because people get hurt on these roads--people
get maimed, injured, and killed. That is why the Trauma Foundation of
America supports this legislation.

I think one of the most interesting aspects of this legislation is
that the Texas Automobile Association of America supports this
legislation. I think that is pretty good. In fact, the Texas AAA issued
a press release, going line by line over the legislation of the Senator
from Washington, supporting her legislation.
On-site safety audits at the company facilities prior to authorizing
their trucks to cross the border: This isn't

[[Page S8520]]

what Senator Murray is saying; this is what the Texas Automobile
Association of America is saying.
They also say there should be significant improvements in safety
inspections at the border, including enforcement of U.S. weight limits.
They also said there should be adequate resources for enforcement
throughout the United States. They believe there should be verifiable
insurance on each vehicle. It does not seem too bizarre to me that this
legislation calls for trucks coming into the United States to have
adequate and verifiable insurance information on each vehicle.
There should be shared tracking of the company's truck and driver
safety records between the United States and Mexican authorities. The
Texas AAA says there should be enforcement of safety laws, including
limiting the number of continuous hours spent driving. That also does
not seem too outrageous to me, that if we are going to have these huge
trucks with over 100,000 pounds of material on them, we are asking that
the drivers have a limited amount of hours driving these trucks. I
think that is something that is extremely important.
So they end their press release by saying: The safety of the motoring
public should not be risked in the rush to meet an apparently arbitrary
deadline. They believe that it is extremely important. So I think it
kind of says it all, if we have the Texas AAA asking that we uphold
this legislation. It is reasonable legislation.
Madam President, I ask for the yeas and nays on the pending
legislation.
The PRESIDING OFFICER. Is there a sufficient second?
There is a sufficient second.
The yeas and nays were ordered.
Mr. REID. I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The senior assistant bill clerk proceeded to call the roll.
Mr. HOLLINGS. Madam President, I ask unanimous consent the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. HOLLINGS. Madam President, I would be delighted to yield.
Madam President, I want to say a word about the Mexican truck
amendment, the Murray-Shelby amendment, particularly to commend both
Senator Murray and Senator Shelby on their diligence. The Senator from
Washington has been persistent and has been ultimately fair.
What happens is--since we have been criticized about even putting
this on an appropriations bill--many times the cart gets before the
horse. And what happened on this occasion was that the President of the
United States announced summarily that come January 1 we were going to
admit the Mexican trucks, ipso facto--bam, that was it.
I go back immediately to the debate that we had about NAFTA, where it
had been suggested that we use the common market approach rather than
the free market approach. The Europeans learned long since that the
free market approach did not work. On the contrary, they said: What we
need to do is to develop the infrastructure of a free market; namely,
property ownership, labor rights, respect for the judiciary, the
infrastructure, if you please, for safety and for health care.
The Europeans thereafter taxed themselves some $5.7 billion over a 5-
year period, setting those elements of infrastructure up within Greece
and Portugal before they admitted Greece and Portugal into the common
market.
We see the result of not having done that. Here we are faced with the
announcement by the President and, thereupon, the action by the House
in their appropriations bill. So while we had, in the authorizing
committee, scheduled a hearing with respect to the Mexican trucking
problem, we had to act in the Appropriations Committee in order to make
it deliberate and sound and fair.
The action on the House side was not that deliberate, sound, or fair.
On the outside they just said: Look, we cut off any and all funds for
the admission of Mexican trucking into the United States come January
1--or during the fiscal year 2002.
I would agree with the President, that would be a nonstarter. So what
we did then, working with Senator Murray and Senator Shelby at the
authorizing level, is we continued, we had the hearing, and we
addressed elements included in the Murray-Shelby amendment providing
just those things that are required by U.S. truckers.
I was particularly sensitive to that. There was no one who opposed
NAFTA any more strongly than this particular Senator. Yet now we have
it. It is not going to be repealed. It should be made to work.

Very interestingly, since my colleague from Texas is on the floor,
what happened was, it didn't work, NAFTA didn't work. Drugs got worse.
Immigration got worse. The take-home pay of Mexicans got worse. We were
supposed to get 200,000 jobs. We lost 500,000 jobs. Instead of a $5
billion-plus balance of trade, we have a $25 billion deficit in the
balance of trade with Mexico.
There was one good message that went to the American people. For the
first time in some 82 years, they kicked out the PRI. And who is in as
the Foreign Minister? Jorge Castaneda, one of the biggest opponents of
NAFTA. Who is in as security chief down in Mexico? Mr. Adolfo Aguilar
Zinser. I worked with these gentlemen. They were trying to build up
Mexico's infrastructure.
Yesterday, I met with Mexico's Minister of the Economy, Luis Ernesto
Derbez. I said: Mr. Minister, point out to me whereby there is any one
of these provisions here in Murray-Shelby that is not required of the
American truckers. He couldn't point out a one. I said: I know you
haven't had a chance to study it because the White House and others
have been calling around, jumping on them down in Mexico, saying: Get
on up here. We have an anti-Mexican thing going on here. They are
jumping all around, and they don't know what they are talking about.
I said: Write me a letter and point out whereby we don't require of
our American truckers what we are requiring in Murray-Shelby. Of
course, they can't do it.
So this idea of ``negotiate, negotiate,'' and ``they bypassed us,''
and all that, that is out of whole cloth. We had an authorizing
hearing. We had the witnesses appear. This isn't pro-Mexican; it isn't
anti-Mexican. Trade is a two-way street. If we require it of the
Mexicans, that which we are requiring of our own truckers, they
immediately will counter and require it of our American truckers. When
you do not have the infrastructure, that is when the damage is done; so
we put in Murray-Shelby that on-site safety inspections take place.
The Secretary of Transportation, my good friend, said: Are we going
in to inspect them? The Mexican inspectors come up to Senator Murray's
home State of Washington to check the apples, and, yes, we are going in
to check those stations, like the Canadians check ours and we check
theirs. Why? Because once we know the work there at that safety station
is sound and thorough and reliable, then they can come to the border
with a sheet of paper and we will pass them right on through. We can't
just have passthroughs and a sheet of paper giving you nothing.
This thing has gotten wholly out of kilter. I think it was really
done to slow down the process, because we were doing too well over
here. We passed the Patients' Bill of Rights, and we have been passing
other things around here. We are going to pass some appropriations
bills.
Our opponents say we haven't negotiated. Baloney. I've been
negotiating and I remain ready to negotiate.
Put up your amendment, and we will vote. Let's get on with this
particular measure. Get it over to the conference. Pass this one and
move forward. But don't put this in the context of anti-Mexican or
unfair or in violation of NAFTA.
I went immediately to the arbitration panel, and Minister Derbez
yesterday agreed. He said: No, we understand safety is required on both
sides of the border. It is part of NAFTA. It is not in violation of
NAFTA. So we know we hadn't violated NAFTA and violated our treaty. I
don't know why all this sanctimony about violating treaties around
here. That is all we have ever had, violations of these trade treaties.
I had the book this morning put out by the special trade
representative--it is an inch and a half thick--of all the violations,
68 pages by the Japanese. Come on. We can't get into Japan 50 years
later. So we really have to honor our treaty and all that? Come on.

[[Page S8521]]

I have heard enough of it now. The Senator from Alabama, Mr. Shelby,
and Senator Murray have gone about this in a purely bipartisan manner.
There is no partisan or anti-Mexican feature to this whatsoever. It is
a political slowdown. They know it.
Let's get on with the slowdown and let's go on home as we are
supposed to in the month of August. The month of August has arrived. I
see the distinguished minority leader is here. He likes to go home at 7
o'clock. I like to go home in August.
I yield the floor.
The PRESIDING OFFICER (Mrs. Clinton). The Republican leader.
Mr. LOTT. Madam President, in the interest of time, might I inquire
of the Senator from North Dakota, was he seeking time to speak further
on the issue?
Mr. DORGAN. Madam President, I came to speak on the amendment in the
bill. I agreed to a unanimous consent request to allow a Member on the
minority leader's side to do 20 minutes of morning business on this
subject. I have waited to have an opportunity to speak for about 8 to
10 minutes on the issue of Mexican trucks.
Mr. LOTT. Madam President, of course we try to accommodate each other
on both sides of the aisle. We try to go back and forth in those
speeches. I was not aware of that earlier agreement. I am perfectly
willing to allow the Senator to go forward at this point. Then I will
speak next in line.
The PRESIDING OFFICER. The Senator from North Dakota.
Mr. DORGAN. The Senator from Mississippi, the minority leader, is
most generous. There was not an agreement. When the Senator from
Colorado sought 20 minutes in morning business, I was here waiting to
speak on the bill. He certainly was entitled to speak in morning
business. I thank the Senator for his generosity.
I rise to address the issue of Mexican trucks. My friend, the Senator
from Arizona, has spoken about it today. My friend, the Senator from
Texas, has spoken.
After all the debate, it is important for everyone to understand,
there is nothing here about punishment or being punitive to the country
of Mexico. That is not what this is about. Some of my colleagues have
said we are being discriminatory. That is not true.
The truth is, this issue is about highway safety. Senator Murray from
the State of Washington has put a provision in the appropriations bill
that is not only appropriate but needs to be kept in this bill in order
to assure safety on America's highways. Frankly, I wish she had chosen
to use the House language which was presented by Congressman Sabo. It
is stronger language. It would prohibit, during this coming fiscal
year, the use of funds in this legislation to certify Mexican trucks
desiring to go beyond the 20-mile limit.
I wish Senator Murray had included that. She did not. She chose to
take a different approach. She has taken an approach that also will
provide a measure of safety for American highways.
What is this issue really about? It is not about whether we are
violating a trade agreement. No one can credibly argue that any trade
agreement at any time under any circumstances requires this country to
sacrifice safety on its highways.
It is about using common sense to understand when and under what
circumstances shall we allow Mexican long-haul truckers to go beyond
the 20-mile limit that now exists.
Some will say: Let's immediately allow Mexican long-haul trucks to
operate throughout the United States. That is what President Bush says.
On January 1, we intend to allow long-haul Mexican truckers into this
country beyond the 20-mile limit. He says we will provide inspections
and so forth.
The fact is, there will not be sufficient inspections. There are not
sufficient inspection stations. There are not sufficient inspectors.
There are not sufficient compliance officers. There is not a ghost of a
chance of that happening. Everyone knows it.
I sat in a 3- to 4-hour hearing in the Commerce Committee with the
Secretary of Transportation and the Department of Transportation
Inspector General. All of us understand that the numbers of inspectors
and compliance officers requested for the border fall short of what is
required for safety monitoring.
To those who say we can allow access throughout the United States to
Mexican trucks on January 1 and those traveling on our highways will be
protected, the numbers don't add up. We will not be protected. There
are not the resources available to hire the number of inspectors or the
compliance officers to allow this to happen.
Are there reasons for us to be concerned if you don't have a regime
of inspections? The answer clearly is yes. I would refer again to a
news report about long-haul trucking in Mexico that featured in the San
Francisco Chronicle in March. This article simply mirrors what most of
us know about the lack of standards in Mexico. A reporter went down and
traveled for 3 days with a Mexican long-haul trucker. In 3 days this
Mexican long-haul trucker drove 1,800 miles and slept 7 hours. Yes,
that is right; in 3 days, he slept a total of 7 hours. He didn't run
into safety inspections because safety inspections are not common in
Mexico. The driver didn't keep a logbook because, although they are
required in Mexico, drivers don't keep them.

The fact is, in Mexico, they don't have limitations on hours of
service, and so a truckdriver can drive 3 days and sleep only 7 hours
and will not be in violation of Mexican laws.
The question is, Would you want the truckdriver in the San Francisco
Chronicle article to cross the U.S.-Mexico border into this country,
after having slept only 7 hours in 3 days while having driven 1,800
miles in a truck that could not meet this country's safety standards
because it had a broken windshield? I don't think anybody would want
him to cross into this country and travel on America's highways. That
clearly compromises safety on our highways.
So, the Senator from Washington has placed a provision in this
legislation. She had to put it on this appropriations bill because the
President indicated he intends to move on January 1. Really, the only
option to stop the President's intentions is to put the provision in
the appropriations bill and give us some assurance of safety on
America's highways. That is what this dispute is about.
I agree that there is room for different opinions, but on this
legislation, the facts are quite clear. I sat in a hearing for hours on
this subject, hearing from the Department of Transportation's Inspector
General. The Inspector General's report represents the base of facts
here. The Mexican trucking industry does not have the same standards we
do. There is no requirement for such standards. The inspection stations
that should exist in the United States don't exist. Those inspection
stations that do exist are not open sufficient hours to for proper
inspection. If trucks happen to be inspected, at the vast majority of
sites, there aren't enough spaces to park the trucks with serious
safety violations. You can't send them back to Mexico because, for
example, they may not have brakes. These are insurmountable problems to
overcome prior to January 1.
That is why the Senator from Washington has done what she did. She
needed to put restrictions in this legislation that I think are
necessary to assure highway safety.
My understanding is that the Senator from Kentucky would like me to
yield for a unanimous consent request. I would be happy to yield to him
for that purpose, providing I am recognized following that.
The PRESIDING OFFICER. The Senator from Kentucky.
Mr. McCONNELL. Under the provisions of rule XXII, I yield my hour to
the minority leader.
The PRESIDING OFFICER. The Senator has that right.
Mr. DORGAN. Madam President, in the interest of time and in the
interest of responding to the Senator from Mississippi, who graciously
allowed me to be recognized, I will complete my statement only by
saying this: My colleague from South Carolina made a statement about
the issue of the NAFTA trade agreement. I saw another colleague smile
to himself as to what my colleague, Senator Hollings, said. The NAFTA
trade agreement has been awful. Some people walk around here and think
it is one of the best things that ever happened to this country. I have
no idea why they think that. This

[[Page S8522]]

is a trade agreement that turned a trade surplus we had with Mexico
into a huge deficit and a growing deficit. It took a modest deficit
with Canada and doubled it very quickly. It is beyond me how someone
can view that as progress. I think, in fact, it has injured this
country in many, many ways.
I was intrigued by a statement by Senator Gramm, who said, ``Do you
know what the Mexicans have said? They have said if we put this
provision in this appropriations bill restricting President Bush's
ability to allow Mexican long-haul trucks to come into this country
beyond the 20-mile limit, Mexico is going to retaliate against us on
the issue of high-fructose corn syrup.''
High-fructose corn syrup. I wonder if my colleague knows that Mexico
has already been dealing with high-fructose corn syrup in a way that
essentially abrogates the NAFTA treaty and, in fact, Mexico has been
found guilty of violating the trade agreement on the corn syrup. Mexico
is already in violation on syrup, and they are threatening that somehow
if we don't take the Murray language out of the bill they are going to
take action on corn syrup. I am sorry, they already took that action
and it violated the NAFTA trade agreement.
Incidentally, nothing that protects America's highways, in my
judgment, should ever be considered a violation of a trade agreement.
The next time somebody says there is a violation of NAFTA or a trade
agreement, I will simply observe that on corn syrup, which has been the
one area raised on the floor, the only violation that exists is Mexico
violating a trade agreement with the United States.
So I find it intriguing that there is this sort of blame-our-country-
first on all these issues. Our country has been open; it has been
willing to embrace all kinds of trade expansion opportunities almost
everywhere in the world. But every time we turn around we discover that
either a trade agreement was negotiated in an inappropriate way or
someone is refusing to enforce a trade agreement.
This is a circumstance that is very simple. Senator Murray has put in
a rather simple, easy-to-understand amendment. We ought to be willing
to stand behind it on behalf of safety on America's highways. This is
not about anti-Mexico. It is not about sending a discriminatory message
to anybody; it is about standing up for safety on America's highways.
We are nowhere near ready to be able to allow Mexican long-haul trucks
into this country. Their safety standards are nowhere near compatible
with ours, and it would compromise safety on our highways to allow
Mexican trucks to operate throughout the United States beginning on
January 1. That is what the Murray amendment says. That is why we are
trying to keep that amendment in this bill.
I yield the floor.
The PRESIDING OFFICER. The Senator from Illinois is recognized.
Mr. DURBIN. It is my understanding that the minority leader from
Mississippi may be seeking recognition. I don't believe he is at this
moment. I will yield as soon as he is prepared to speak. I want to make
a statement on this issue in a moment.
I thank the Senator from North Dakota because I think he summarized
this issue. I went home to Illinois over the weekend. It is interesting
how many people are following this debate but no real surprise. How
many of us are out on the highways now going back and forth to work or
on vacations? Look on the freeways in Chicago or on the interstate
highways in downstate Illinois; you see a lot of trucks. We can rightly
assume, if they are American trucks, that they are subject to pretty
substantial standards in terms of the safety of the vehicle and the
competency of the driver. What kind of standards? An inspection, No. 1,
to make sure the brakes work, make sure the trucks don't weigh too
much, make certain the lights work on the trucks, and basic things such
as that.
Secondly, when it comes to the competency of American truckdrivers,
we are pretty demanding. We ask them to keep a log and tell us how
frequently they are driving and for what period of time. We subject
them to drug tests and alcohol tests. We go through a lengthy
background check to see if they have a history of driving under the
influence or reckless driving. We make them pass a CDL exam for their
license and to go out on the road. It is a demanding examination. We
want them to understand the highway standards and regulations for
safety in the United States.
When my family is driving down the highway for a vacation--which I
hope will happen sometime in August--and we see a truck coming up
behind us, if it is an American truck from an American trucking company
with an American driver, I at least have the peace of mind that it is
more likely than not that the truck has been inspected and that the
driver has passed the test.
What is this amendment all about? This is about trucks that aren't
American trucks and are driven by people who are not American citizens.
We are talking about trucks coming in from Mexico. Many of the people
who come here today and support this provision by Senator Murray
requiring standards for Mexican truck inspection, standards for Mexican
truckdrivers, voted against the North American Free Trade Agreement.
Some of them, as previous speakers have said, believe it was not in the
best interest of the United States.
I don't come from that position at all. I am from the State of
Illinois. Exports are critical to Illinois, whether it is in the
agricultural sector or the manufacturing sector. I voted for NAFTA.
I voted for NAFTA believing we were doing two things: opening up a
potential market for the United States in Mexico and opening up a
potential market for Mexico in the United States. I believe in free
trade so long as it is fair, so long as it is subject to standards and
rules that are enforced.
In the middle of this debate, it could have been one of the most
contentious debates I recall in Congress. I was a Member of the House
of Representatives when the NAFTA issue came before us. During the
course of this debate, there was a high intensity feeling, particularly
opposition from a number of people, environmentalists, those
representing labor unions. They were opposed to NAFTA.
A number of us went to the Clinton administration and said, if we
pass this NAFTA treaty, we want to understand how it is going to work.
The first question I asked, and received a response in writing, was
this: If we agree to NAFTA, a trade agreement with Mexico, will we have
to compromise any of our health and safety standards in the United
States?
The answer came back, unequivocally, no. If a health and safety
standard is imposed on an American company, the same standard can be
imposed on the Mexican company and product coming into the United
States. Whether it is the safety of food that is brought in or whether
it is the safety of trucks driven in from Mexico, they are subject to
the same standards.
A few weeks ago the Ambassador of Mexico came to my office. He is a
very nice gentleman. I met him there and then again in Chicago when
President Vicente Fox visited Chicago 2 weeks ago. We had a long talk
about this.
I said: Mr. Ambassador, let me ask one basic question. If we will
hold Mexico to the same standards when it comes to the safety of trucks
on the highway and the competency of drivers that we hold American
trucks and American truckdrivers to, will that be acceptable?
He said: Yes, that is not unreasonable.
I remember this particularly. He said: When it comes to logbooks,
tell us what is wanted in these logbooks. The color of the cover of the
logbooks can be told to us. We will live by the same standard as
American truckdrivers.
I thought that was a reasonable position to take. It certainly is
what I understood when we voted for NAFTA, but if one listens to the
critics of Senator Murray's amendment, they are suggesting holding
Mexico to the same standards as the United States is protectionist; it
is violating free trade; it is violating NAFTA.
Nothing could be further from the truth. I think they have
overreacted. I invite them to read the language Senator Murray has put
in this bill. What she has said time and again is: The Mexican trucks
and Mexican truckdrivers will be subject to the same standards.
What if we should take out the Murray language altogether? What if we
had no such language in the law? What could we expect?

[[Page S8523]]

There are several things we know about Mexican trucking companies.
One, under Mexican law, there is no limit to the number of hours a
driver can drive a truck. In the United States, there are specific
limits. We believe that if someone is behind the wheel for a long
period of time, it can take its toll. They are not as responsive as
they should be. They may not be as careful as they should be. In
Mexico, there is no limitation.
We heard the comments earlier from the Senator from North Dakota,
when a reporter from the San Francisco newspaper traveled with the
Mexican truckdriver, they covered 1,800 miles in 3 days and the
truckdriver slept a total of 7 hours. Think about yourself driving
1,800 miles, perhaps driving from St. Louis to Los Angeles. Or going
back and forth across the country, and in a span of 3 days you cover
that trip with 7 hours' sleep. How good are you going to be behind the
wheel at that point?

Let us change this. You are not just behind the wheel of your car.
You are driving a truck down that highway that could weigh 135,000
pounds. That 135,000 pounds is another important figure because we have
a limitation on the weight of trucks in the United States at 85,000,
but not in Mexico. They can put trucks on the road at 135,000 pounds.
We have a driver who has no limitation on the number of hours that he
can consecutively drive down the highway, with a truck that is
substantially larger than anything permissible under the law in the
United States. That driver keeps no logbooks because the law is not
enforced in Mexico. That driver is not subject to the same drug and
alcohol testing as American truckdrivers because they have not
established the laboratories for testing. We see that time and time
again. The Mexican truck companies and the Mexican truckdrivers do not
meet the minimum standards we expect in the United States.
What if there was an accident? This is worth noting, too. In the
United States, if someone has a truck on the road, with an American
truckdriver and an American truck, their liability insurance will range
from $750,000 to $5 million. A Mexican truckdriver has average
insurance of $70,000. Think about how little that covers if one is in a
serious accident with a lot of injuries.
The Murray amendment is a reasonable amendment. It is one I hope
those who support free trade, as I support free trade, will understand
is part of the bargain. We are prepared to say to Mexico, we will live
up to their standards when it comes to our exports to their country.
They should live up to our standards when it comes to their exports to
the United States of America.
That is not unreasonable. That is what fair trade is all about. The
Murray amendment is a substantial step forward to establish a standard.
When people in Illinois have said to me, Senator, when you get back
to Washington make sure the Mexican trucks are safe, they understand,
as well as I do, when we are going down the highway with our family,
heading for vacation and look in the rearview mirror, we should not
have to look twice to try to determine whether that license plate is
from the United States or from Mexico as to whether it is safe.
We ought to know wherever those trucks are from, they are going to be
safe for all families on the highway in the United States.
I yield the floor.
The PRESIDING OFFICER. The Presiding Officer, in her capacity as a
Senator from New York, pursuant to rule XXII, yields her hour to the
Senator from Washington, the manager of the bill.
Mrs. MURRAY. Madam President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. LOTT. Madam President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. LOTT. Madam President, Senator Daschle and I have been talking
and working on what agreement can be worked out about how to proceed
for the remainder of the evening and tomorrow and maybe even into
September. While we are checking with all the interested parties, I
have not spoken at length on this issue. I do not wish to speak at
length now, but I think I should speak to some of the issues that are
before us with regard to the Transportation appropriations bill and
this very important issue of how the operation of buses and trucks from
Mexico and the United States are able to go back and forth across the
border.
First of all, I emphasize I appreciate the work that has been done by
the manager of this legislation on both sides of the aisle with regard
to transportation. Transportation is a very important part of what the
Federal Government does and it is one of those areas where the Federal
Government does the allocation of funds in the right way. We do not
generally direct all the money must go to one place or another, even
though there are some areas where we provide direct instructions. The
bulk of the money is sent to the States based on a formula that is
decided, of course, in the TEA-21 bill. The States get a large sum of
money and then they decide what the priorities are in terms of what
roads or what bridges are worked on and in what priority, how much of
that money can go for railroads, because we gave a lot more flexibility
under TEA-21, the Transportation Act, that we passed a couple of years
ago. I guess it has been 3 years ago now. That money can go into
railroads or it can go into mass transit. There has been a lot of
flexibility, but most of the key decisions are made by the States once
they get the money. So this is important legislation.
As we look to the future economic growth of this country, in my mind,
obviously, how the Government works with the people, can we control
regulations? Can we control the burdens? How much are people able to
keep of their own money? That is a very important part of economic
growth. I think the energy area is a very important area of our future
economic growth. It is a matter of national security, but certainly it
is key to being able to have a growing economy in this country.
We are going to have to have more exploration for oil and gas, more
use of other fuels, more opportunity for alternative fuels, more
incentives for conservation, the entire energy package. As a part of
this, trade is important, but transportation is also critical. It does
create jobs. It is about safety on our highways.

If we are going to have a growing country and a growing economy, we
have to have the whole package, too. It is not just about roads and
bridges. It is about urban mass transportation, railroads, airports,
rivers, and harbors, all the different aspects of transportation.
In my own State, I have tried to emphasize that as we try to make
economic progress, it is critical to focus on improving education and
that we have a decent transportation system because so many areas that
needed economic development could not get them. It was next to
impossible. The roads were not four lanes; they were two lanes narrow
and dangerous. Many people, including my own father, were killed on
those roads because of the unsafe hilly nature of our road system. If
we are going to have the economic development we are seeking, we have
to have a good overall transportation system.
Of course, the third component is jobs creation. If you are not
aggressively pursuing expansion of existing industries and businesses
and seeking other industries to come in, international corporations to
come in, as we have in my own State of Mississippi--Nissan is
constructing a facility that will cost approximately $1.2 billion, the
largest new single-industry plant in the history of our State. In order
for that to succeed, they will have to have access to a transportation
system.
I commend the managers of the legislation for the work they have done
on this bill. I in no way object. I approve of what is in this
legislation to the extent I know exactly what is in it.
How did we reach this point on the Mexican truck issue? When the
Senate was prepared to vote on the North American Free Trade Act, I had
some reservations about it and expressed those reservations. Some of
the concerns I had were addressed as we went through the process. I
kept asking

[[Page S8524]]

questions and expressing concern about trucks and truck safety coming
out of Mexico. Those around at the time or those following it will
remember it was one of the last issues that was addressed in the NAFTA
legislation. I was sympathetic. Nobody wants unsafe trucks on America's
highways. Nobody wants unsafe trucks, whether they are from Mexico,
Canada, or America. We have all had the scary experience of having an
18-wheeler meet us and come too close or go by us with flaps blowing in
the wind. We did resolve the problem. We have been living with that.
Again, I think sometimes trucking and truckers do get a bum rap; that
companies are conscious of safety needs. These drivers in the United
States, our own drivers, are good men and women whose lives are at
stake, also. I had an occasion for a few years to be a part owner of a
trucking company. I know all that is involved in trying to make ends
meet with a trucking company and how difficult it is to have a
truckload going to Chicago and come back empty. A company can wipe out
an entire profit with empty backhauls.
I know a little bit about all the licensing requirements in America,
the number of tags needed, the different requirements in the different
States. For every truck that comes into my State, and I guess other
States in America, there is a weigh station. They are lined up coming
from Mobile, AL, headed to my home State, to pull off the highway and
go through the weigh station and be inspected. Quite often, we have the
highway patrol observing who is going and coming.
I do not want to in any way demonize truckers in this country for the
job they do. They are an important part of our economy.
This has become very much a problem in this particular bill. Why? The
truth is, I think there was too much of a rush to just say, come on in,
trucks from Mexico, without proper inspection. That is inadequate,
unacceptable, but also the situation where we have trucks come from
Mexico to within a 20-mile zone and they hand off the goods to American
trucks. They cannot come any further than that. I had occasion last
December to be in Laredo, TX. I saw the trucks lined up down the
highway, but they could only come so far, and then there was a very
expensive and dilatory process of passing on the goods to come on into
the United States.
We have a growing, improving relationship with our neighbors to the
south. President Bush has worked with the leaders in Mexico, both as
the Governor of Texas, and now as President, with their new President
Fox. They are addressing a number of issues, including drug
trafficking, how we deal with the necessary extradition of criminals
between the two countries, how we deal with the immigration question,
and, yes, transportation, how we deal with the border crossings and the
illegal aliens who, in many instances, prefer to be legal aliens. These
are all difficult issues but they are important and we are addressing
them now in a broader sense than ever in my memory.
I met this past week with four members of the Mexican Senate
including the President, President Jackson. We talked about some of
these issues and how they don't always agree. I think they represented
three different parties; they do not always agree with President Fox;
they do agree we should continue to have free-flowing trade and
transportation and communication between our countries.
The idea that trucks from Mexico can only come in 20 miles and must
stop and cannot go further is unacceptable. Also, the idea that trucks
can come into this country without proper inspection, without proper
insurance, without proper licensing, without safety inspections, is
unacceptable.
I have never suggested trucks from anywhere be able to come into this
country on our roads and not comply with our safety requirements. But
there is a limit how far that can go. They have to have credible
insurance. The idea that some say they cannot have insurance coverage
from a Mexican company, what kind of attitude is that? We can't require
that they have to have insurance in America. Both countries should
require in the other country's case that it has to be credible
insurance; it has to be a real company; it has to be sufficient; and
there has to be a process so we know who is providing that insurance
from Mexico, and they can turn the tables on us and say we must know it
is credible insurance of the United States.
The drivers must be properly trained and licensed. You do not just
jump in an 18-wheeler and take off. You cannot even shift gears in
those things. I have tried it. They have to meet certain licensing
requirements.
There is no disagreement that we should have inspection, but it
should be reasonable and fair. It should be affordable in terms of what
the government has to pay, and it has to be done in a reasonable period
of time. Those who don't want Mexican trucks on our American highways
have an ``anti-attitude.'' Some people don't like it that I have called
it anti-Hispanic or anti-NAFTA. How can anyone justify that kind of an
attitude? We cannot have that.

We need to find a way to work through this because of perhaps an
eagerness to get this process underway that contributed to the
difficulty we are having now. The House of Representatives lost control
of the issue and wound up putting the same old language in the
Transportation bill that basically said you would not be able to bring
the trucks in here; just stop it. They made a big mistake. It does not
make a difference if it is a Republican or Democrat House, whether it
is bipartisan or unanimous. That cannot be where we leave the issue.
Then the administration contacted members of the Appropriations
Committee in the Senate and said: We have a big problem with that
language; so will Mexico. We are running the risk of being held in
noncompliance with NAFTA. We are running the risk of having action
taken against American goods, whether it is telecommunications or corn
syrup products. We have to solve this problem.
The appropriators, to their credit, Republican and Democrat, worked
on the language. They came up with what is now referred to as the
Murray-Shelby language. They thought, I believe, that they had made
sufficient progress. Subsequent to that, on reviewing that language, it
was clear that language was very problematic.
Secretary of Transportation, Norm Mineta, expressed his concern to a
number of Senators, including to me, personally, about how there were
too many restrictions; there was not enough flexibility; it would cost
almost twice as much as what the President asked for, which I think was
$88 million for safety compliance. And because of the restrictions and
the extra costs and the contracting involved, the trucks from Mexico
would not be able to come into the United States for months or even a
year or more.
By the way, it is a two-way street. As long as we are not letting
Mexican trucks come into the United States, American trucks are not
going to be able to go to Mexico. That is why the Mississippi Truckers
Association wants to get this matter worked out and why they oppose the
Murray language. They want to be able to take our products from
throughout the Southeast or anywhere in the country and haul it in the
other direction.

So that is when a number of Senators started saying the language that
came out of the Appropriations Transportation Subcommittee presented
too many problems; we need to find a way to correct it.
What are those concerns? It does have to do with flexibility. Does
the Department of Transportation have sufficient flexibility to
effectively administer safety requirements? It is a basic question. We
want safety requirements and responsibilities, but there must be some
degree of flexibility, of how those are administered. The language in
section 343 of this bill, S. 1178, raises serious questions about that.
In order for the operators from Mexico to come across the border,
there were some 22 separate requirements that had to be met. Standing
alone, certain requirements may be acceptable, but taken as an
aggregate, they result in a violation of commitments.
It is going to lead, as I pointed out, to delays. Just one example of
the type of thing we talked about is the one I referred to in a number
of discussions earlier, the cost of the weigh stations, for instance.
The requirements to install weigh-in-motion systems, fixed scales,
electronic scanning machines,

[[Page S8525]]

and hand-held tracking systems as well as requirements to employ
additional inspectors and to conduct inspections within Mexico would
just require lots of extra money, lots of delays, and lots of time. I
will give a couple of examples.
Why would you require weigh-in-motion scales and static scales, both,
not one or the other? And, by the way, if you require them both, you
have to contract it. You do not just run out there and take these
scales off the shelf. You have to contract for them; you have to get
them and have them put in place. This would require you to have both. I
do not think we have that in most of our States. When trucks come in
from Arkansas or Louisiana or Tennessee, we weigh them statically.
Maybe we do weigh some of them in motion, but we do not have to have
both of them.
The other example is conducting inspections in Mexico. As time goes
forward, perhaps both countries would like to have some of that. I had
one Senator say to me: Look, FAA requires inspection at the base before
a plane flies into the United States. There is a big difference,
though. When a plane leaves Mexico, the next stop is an airport or
landing strip in the United States. The difference between the place of
doing business of a truck in that situation is they have to cross the
border. There is a point at which there would be an inspection.
Perhaps this can be worked out. But to impose at the beginning the
requirement that we have to go into the place of business and inspect
within that country and they are going to require the reverse--that
they be able to come in and inspect in our country--is just one more
example of some of the problems we have.
Never, ever have I seen a bill where a compromise could have been
more easily and quickly worked out than this one. Yet the warring sides
refuse to agree to do that. I think sometimes maybe there were
misunderstandings. Somebody told me on this side of the aisle, on the
Democratic side--or maybe I should not say just Democratic--the
proponents of the language in the bill said: Why wouldn't you go with
the California solution? I said: Great, it sounds fine to me. Why don't
we do what they do in California, the inspection areas where they have
crossings into California? They said it was because your opponents to
this language would not agree to it.

That came as a surprise to me. As a matter of fact, in talking to
Senator Gramm and Senator McCain, I had the clear impression that what
they were advocating was the California inspection regimen. So I think
the two sides passed in the night here.
Mrs. MURRAY. That is actually in the bill.
Mr. LOTT. There was an agreement, yet they never could seem to come
to closure on it.
I know the Teamsters, a group with whom I do not have a problem. I
have worked with the Teamsters. I have been supported by the Teamsters
sometimes--probably not again anytime soon. I understand their concern.
But because this language was in the appropriations bill because, it
appears to me, the Teamsters really do not want Mexican trucks to come
into America, and because of misunderstandings, and, yes, because of
personalities, we could not resolve this.
We could have done this bill at least a week ago. Everybody in this
room and everybody on both sides knows it can be done. Now the
appropriators said: Wait a minute, you are getting too exercised. This
is not necessary. We will fix it in the conference. Don't worry, don't
worry, we will fix it in the conference.
Yes, and usually I buy that argument. But there is a little problem
with this one. You have totally unrealistic, unacceptable language in
the House bill, the Sabo language. And the language in the Senate
Transportation appropriations bill also has a number of concerns--these
22 requirements. So if you have a bad situation and a worse situation,
how do you split the difference? That is usually what happens in
conference. You go somewhere between where the House is and where the
Senate is. Yet the solution is outside both.
I know the immaculate conceptions that come out of these conferences.
It really doesn't make a difference what the House and Senate did; the
conferees will do what they want to, particularly on a bill that is not
an appropriations bill, because they are not affected by rule XVI
anymore. So maybe they will come out with something that is fair,
understandable, not unduly restrictive, affordable, that both the
proponents and opponents are satisfied with and the President can sign,
and we can go on with our business.
But I have been a little ill at ease about that. So I have gone back
to some of the supporters of the language we have in this bill and
asked them again: Will you assure me that in conference there will be
this dedicated effort, and in fact you will get a bill the President
can sign? And they have assured me of that.
I guess if they do not sign the conference, they might make that
stick. Maybe others will say we will see about that. And there are
those who are thinking: We will do what we want to. If the President
vetoes it, we will override the veto.
That will not happen. That will not happen. I can guarantee the
Senate right here, right now, if this is not properly resolved and the
President does not sign it, if he vetoes it, we will sustain the veto.
We will sustain the veto.

But have I advocated that? No. The President doesn't want to veto
this bill, and I don't want him to veto the bill. I don't want to have
to make sure we have the votes to sustain the veto. The solution is:
Resolve this. Make it NAFTA compliant. Let's be fair to both sides.
I don't always agree with what this administration or previous
administrations have advocated with regard to Mexico--or Canada, for
that matter. I get very upset with what Canada is doing to the United
States in our trade relations. I think what they are doing with regard
to soft lumber products is totally unacceptable, and I think this
administration should be at least as aggressive as the previous
administration, through the Customs Office and through our Trade
Representative, in assuring that the Canadians comply with our lumber
agreements.
So it is not that I am one who is always here taking firm stands in
support of our neighbors and in support of even the treaties when I
think the treaties are not being administered fairly or they turn out
to be basically fair. So I don't profess to be 100-percent pure on
this.
But you cannot defend, legitimately, honestly, and intellectually, a
situation where we say to our neighbors and to legitimate truckers, you
cannot come any more than 20 miles into the United States. That is not
where we should be.
So the President has expressed his interest in this. I think he has
tried to be restrained in terms of threats. But he has made it clear
this is important. President Fox is going to be in the United States
the first week in September when this bill is going to be in
conference, I guess, or about to go to conference. I hope we will not
be in the process of passing legislation and sending to our President
at the time something that clearly President Fox will not agree with
and will be opposed to while he is in town. I guess he is coming to
town September 3 or 4 or 5, or something of that nature.
We do have correspondence here that clearly states the Mexican
Government's concern. I have a letter.
Madam President, I ask unanimous consent this letter be printed in
the Record.
There being no objection, the letter was ordered to be printed in the
Record, as follows:

July 24, 2001.
Hon. Tom Daschle,
Senate Majority Leader,
Washington, DC.
We have been following the legislative process regarding
cross border trucking on the floor of the U.S. Senate. This
is an issue of extreme importance to Mexico on both legal and
economic grounds. From a legal standpoint, Mexico expects
non-discriminatory treatment from the U.S. as stipulated
under the NAFTA. The integrity of the Agreement is at stake
as is the commitment of the U.S. to live up to its
international obligations under the NAFTA. I would like to
reiterate that Mexico has never sought reduced safety and
security standards. Each and every truck company from Mexico
ought to be given the opportunity to show it complies fully
with U.S. standards at the state and federal levels.
The economic arguments are clear-cut: Because of NAFTA,
Mexico has become the second largest U.S. trading partner
with $263

[[Page S8526]]

billion of goods now being exchanged yearly. About 75% of
these goods move by truck. In a few years, Mexico may surpass
Canada as the U.S. largest trading partner and market.
Compliance with the panel ruling means that products will
flow far more smoothly and far less expensively between our
nations. Doing so will enable us to take advantage of the
only permanent comparative advantage we have: that is our
geographic proximity. The winners will be consumers,
businesses and workers in the three countries.
We are very concerned after regarding the Murray amendment
and the Administration's position regarding it that the
legislative outcome may still constitute a violation of the
Agreement. In this light, we hope the legislative language
will allow the prompt and nondiscriminatory opening of the
border of international trucking.
Finally I would like to undermine our position, that to the
Mexican government the integrity of the NAFTA is of the
utmost importance.
Sincerely,
Luis Ernesto Derbez Bautista,
Secretary of the Economy.

Mr. LOTT. This is a letter from the Secretary of the Economy in
Mexico. It says:

The economic arguments are clear-cut. Because of the NAFTA,
Mexico has become the second largest U.S. trading partner
with $263 billion dollars of goods now being exchanged
yearly. About 75 percent of those goods move by truck. In a
few years, Mexico's may surpass Canada as the U.S. largest
trading partner and market.

It goes on to note they believe the language in this bill does not
meet the requirements of NAFTA.
They believe it is a violation of our agreement and that reasonable
change and a reasonable agreement should be worked out soon.
I very rarely agree with what I read in the editorial pages of the
Washington Post. But to my absolute amazement, on Saturday I got up and
read the Washington Post, and there it was--an editorial saying ``NAFTA
in trouble''--the Washington Post editorializing against the
restrictions on the Mexican trucks coming into the United States. The
concluding sentences are shocking sentences. It says:

President Bush says he will veto legislation unless such
discrimination is removed from it.

That is the right course.
That is what this is all about.
I don't affix blame at any one place, or the administration, or on
us. Somehow or another we have gotten to where we are. Now we can't
seem to find a way to let go. Now we have a situation where Senators
were willing to pass this on a voice vote at 2 o'clock. Now it is 10
minutes until 3. We are not going to have a vote on it, I guess, until
tomorrow. That delays other legislation we are working on with
interested parties on both sides. Senators Daschle, Reid, and Nickles
have been involved along with Senators Gramm and McCain.
A lot of this is just totally unnecessary. Here we are talking, once
again, about an issue we have been talking about for a week or more.
Who is to blame? Yes. Sure. I am sure Senators will say we would have
been glad to have voted on this last week. I have been through this
explanation of how we got here.
But I wanted to make the point that we were ready to finish with this
issue an hour ago, and we couldn't get it done. I hope maybe we can use
this as a case study.
When you go to law school, you learn the law by studying trials,
lawsuits, and cases that have gone before. This should be a case study
for the administration, for the House, for the Senate, for our trading
partners, and for us as to how not to deal with an issue. I hope we
will learn from it.
I hope we can put it behind us and move on in a positive way to other
appropriations and other bills. But it has been a difficult one.
I have supported Senators McCain and Gramm in their efforts. I have
had some Members on the other side ask: Why would you do that? You
haven't always agreed with those guys on other subjects. Right. But the
difference this time is I thought they were right. It is real simple. I
wasn't mad at anyone. I just couldn't defend where the United States is
at this time with regard to Mexican trucks.
I had not spoken on the floor on this issue. I wanted to give a
little bit of the history and urge my colleagues to find a way to
complete this and move on to other legislation that is also very
important for our country. Rather than recriminations, let's just learn
from the experience.
I yield the floor.
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. McCAIN. Mr. President, I ask unanimous consent the order for the
quorum call be rescinded.
The PRESIDING OFFICER (Mr. Johnson). Without objection, it is so
ordered.
Mr. McCAIN. Mr. President, presently negotiations are going on to try
to get a unanimous consent agreement to resolve this issue, and to move
on to other issues. Among those negotiations is the subject of
nominations. I hope that is part of any agreement that may be made.
(The further remarks of Mr. McCain are printed in today's Record
under ``Morning Business.'')
Mr. McCAIN. Mr. President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mrs. MURRAY. Mr. President, I ask unanimous consent the order for the
quorum call be dispensed with.
The PRESIDING OFFICER (Mr. Corzine). Without objection, it is so
ordered.

Amendment No. 1213

Mrs. MURRAY. Mr. President, I send a management package to the desk
and ask for its immediate consideration.
The PRESIDING OFFICER. The clerk will report.
The legislative clerk read as follows:

The Senator from Washington [Mrs. Murray], for herself and
Mr. Shelby, proposes an amendment No. 1213.

Mrs. MURRAY. I ask unanimous consent the reading of the amendment be
dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The text of the amendment is printed in today's Record under
``Amendments Submitted.''
Mrs. MURRAY. Mr. President, I urge the adoption of the amendment.
The PRESIDING OFFICER. If there is no further debate, the question is
on agreeing to amendment No. 1213.
The amendment (No. 1213) was agreed to.
Mrs. MURRAY. Mr. President, I move to reconsider the vote.
Mr. DASCHLE. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
Mrs. MURRAY. Mr. President, earlier today, my colleague from Texas,
Senator Gramm, asked that his substitute be printed again in the
Record. Much has been said about this substitute amendment. The claim
is made that this substitute will protect safety while complying with
NAFTA. That is just plain wrong. This claim is indicative of the
problem we have had in these negotiations--the fact that our opponents
define compliance with NAFTA as gutting the safety provisions in our
bill.
Lets look at the specifics of the McCain-Gramm substitute.
The McCain-Gramm amendment is a legislative sleight of hand intended
to take the teeth out of the safety provisions that were approved
unanimously by the Appropriations Committee.
They create loopholes large enough to drive a Mexican truck through.
Their amendment looks and sounds very much like the committee-adopted
provisions when, in fact, the amendment weakens the committee-adopted
provisions in several critical and dangerous ways.
First, the McCain-Gramm amendment completely does away with the
requirement that all Mexican trucking companies undergo a thorough
compliance review before they are given authority to operate in the
United States. Instead of that requirement, the McCain-Gramm amendment
substitutes a cursory ``safety review''.
A safety review is a much comprehensive review of a trucking
company's operations. It is a quick and dirty paper check. It is not a
thorough examination to ensure that a trucking company complies with
all U.S. safety standards. It does not approach a compliance review in
terms of ensuring that a trucking firm's operations are safe.
My colleagues should not be fooled. A safety review and a compliance
review are not the same thing. They are two

[[Page S8527]]

very different things. A safety review should provide the American
public with a whole lot less comfort than a compliance review when it
comes to the operations of Mexican trucking firms.
Second, the McCain-Gramm amendment completely does away with the
requirement that compliance reviews be performed on site at each
trucking firm's facility. Every time a U.S. Motor Carrier Safety
Inspector performs a compliance review on a U.S. trucking firm, it is
done at the trucking firm's facility. Every time a U.S. Motor Carrier
Safety Inspector performs a compliance review on a Canadian trucking
firm, it is done at the Canadian trucking firm's facility. Now when it
comes to Mexico, the McCain-Gramm amendment wants to allow compliance
reviews to be conducted at the border. This is a farce.
A compliance review, by definition, requires the inspector to
carefully review the trucking firm's vehicles, record books, log books,
wage and hour records, and much, much more. You can't perform a
compliance review at a remote site. It is not even a poor substitute.
There is a long list of abuses that can result if inspectors never
visit a trucking company's facility. For the life of me, I can not
imagine why the sponsors of the McCain-Gramm amendment want to allow
those potential abuses on the part of Mexican trucking firms while
insisting that every compliance review here in the United States and in
Canada is performed on site.
Third, the McCain-Gramm amendment waives the requirement that the DOT
publish critical safety rules before allowing trucks across the border.
The McCain-Gramm amendment would allow the requirement to be waived by
the Secretary by simply signing a letter stating that he will not
publish these rules and sending it to Congress.
The provision unanimously adopted by the Appropriations Committee
requires that critically important safety rules must be completed by
the DOT before the border can be opened. These rules were not randomly
selected. The rules that we require to be published before the border
can be opened are targeted at the specific safety concerns surrounding
Mexican trucks.
The McCain-Gramm amendment pretends to mandate that these rules go
forward but simultaneously includes a provision that guts the same
requirement. My colleagues--don't be fooled, the requirement in the
McCain-Gramm amendment is a phony one that severely weakens the
measures included in the committee-adopted provision.
Fourth, the McCain-Gramm amendment does away with the requirement
that the inspector general certify that critical safety measures are in
place before the border is opened.
Instead of requiring that the inspector general certify that it is
safe at the border, the McCain-Gramm amendment simply requires that the
Secretary of Transportation periodically submit reports to the
committee on the state of problems at the border.
This is a monstrous loophole. It creates more and more paperwork in
Washington while the Mexican trucks come streaming across our border.
It completely guts a number of the critical requirements in the
underlying committee provision.
The Committee on Appropriations receives a great many mandated
reports by the Department of Transportation. Unfortunately, the record
of the Department of Transportation in submitting reports to the
committee is a poor one.
As of this date, the Department of Transportation is overdue in
submitting more than 22 reports to our committee from five different
agencies within the Department of Transportation. Some of the deadlines
of these reports date as far back as December 1995.
This provision, frankly, is an insult. What our highway safety agenda
needs is not more reports, it needs real improvements in the safety of
the vehicles and drivers moving 18-wheelers across our country.
That observation is not only applicable to Mexican drivers, it is
applicable to United States drivers and Canadian drivers as well. All
the reports in the world are not going to improve the condition of
highway safety in the United States.
What we need are firm mandates like those adopted by the
Appropriations Committee to ensure that critical safety measures are in
place before we face an influx of Mexican trucks that we are not ready
for.
The provisions in the committee bill must not be watered down. The
committee provisions won't stop trade across our border. But they will
stop unsafe drivers and unsafe trucks from threatening the American
public. These provisions must not be weakened.
Under our bill, when you are driving on the highway and there's an
18-wheeler with a Mexican license plate in front of you, you can feel
safe.
You will know that the truck was inspected.
You will know that the company has a good track record.
You will know that an American inspector visited their facility--on
site--and examined their records--just like we do with Canadian
trucking firms.
You will know that the driver is licensed and insured.
You will know that the truck was weighed and is safe for our roads
and bridges.
You will know that we're keeping track of which companies and which
drivers are following our laws and which ones are not.
You will know that, if a driver is breaking our laws, his license
will be revoked.
You will know that the truck didn't just cross our border unchecked,
but crossed where there were inspectors on duty--ensuring our safety.
That is a real safety program. That program must not be watered down,
weakened, or gutted, as is proposed by the McCain-Gramm amendment.
Mr. President, the committee bill is a solid compromise. It will
allow robust trade--while ensuring the safety of our highways. I urge
all Members to reject this effort to weaken the committee bill and
endanger lives on our highways.

woodrow wilson memorial bridge

Mr. ALLEN. Mr. President, I rise today to engage in a short colloquy
with Virginia's Senior Senator, Senator Warner; Senators Mikulski and
Sarbanes from Maryland; Transportation Appropriations Subcommittee
chair, Senator Murray and ranking member, Senator Shelby regarding the
Woodrow Wilson Memorial Bridge.
Ms. MIKULSKI. Mr. President, the Woodrow Wilson Memorial Bridge was
completed in 1961 and carries more than 200,000 vehicles per day--far
exceeding the 75,000 vehicle per day design. It is the Nation's only
federally owned bridge. Newspaper accounts from 1994 cited the fact
that the deteriorating condition of the bridge and its inadequate
number of lanes has contributed to accident rates twice those of other
segments of the Capital Beltway.
Mr. WARNER. Mr. President, last year after years of negotiating,
Congress was able to reach a compromise to finally replace this
dilapidated bridge. We were able to work with our colleagues on both
sides of the aisle, from Maryland, and from the House to make certain
this much needed replacement project was fully funded. This decision by
Congress demonstrates the strong commitment by the United States Senate
to provide all our citizens a flexible, safe, and efficient interstate
highway system.
This year, the administration and the House of Representatives have
demonstrated their support of this project as the President requested
$28.2 million and the House allocated $29.5 million for Fiscal Year
2002. However, the Senate FY2002 Transportation appropriations bill
does not address funding for the Wilson Bridge, placing this project in
jeopardy.
Mr. President, the unique nature of this roadway as a federally owned
bridge, its importance to the Capital region, and the surrounding mid-
Atlantic region, demands that we restore these funds.
Mr. SARBANES. Mr. President, in working with the Senators from
Washington and Alabama, it is our understanding that they intend to
work with the conferees to retain funding at the House level. Because
of the Federal Government's ownership, the Woodrow Wilson Bridge
continues to be a priority legislative issue for me and for my Senate
colleagues. Accordingly, this appropriation will help keep the

[[Page S8528]]

replacement project on pace and maintain the safety of the current
bridge in the interim.
Ms. MURRAY. Mr. President, I understand the importance of the Wilson
Bridge for the eastern coastal region. I can assure the Senators from
Virginia and Maryland that Senator Shelby and I will keep their views
in mind when the bill goes to conference.
Mr. SHELBY. I agree, Mr. President, on the importance of the Federal
Government's role in maintaining a safe interstate highway system and
will work with the chairwoman and other interested Senators to fulfill
the federal commitment and maintain the interstate.
Mr. ALLEN. Mr. President, I thank the Transportation Appropriations
chair and ranking member for their willingness to work with us on this
issue and for their leadership in crafting a bill that increases
transportation funding across the entire country. I also thank my
colleagues from Maryland and Senator Warner for their continued
representation and leadership for the people of the region and America.
We look forward to completing the much-needed Woodrow Wilson Memorial
Bridge replacement and closing the debate on the bill permanently.

florida projects

Mr. NELSON of Florida. Mr. President, the report language that
accompanies the fiscal year 2002 Transportation Appropriations bill
identifies many worthy projects that the committee recommends be funded
by the Department of Transportation. I thank the chairwoman for her and
the committee's support of projects in Florida that were requested by
Senator Graham and myself. However, many other worthwhile projects were
not included on this list. It is my understanding that the report
language is intended to guide conferees in setting the final spending
measure, but does not preclude other projects from also being
considered for inclusion. Is this correct?
Mrs. MURRAY. The Senator from Florida is correct. The committee
endorses the projects included in the bill's report, and will press for
the adoption of that list in conference on this bill. However, the
limited nature of that list does not prevent other projects from being
supported during conference, should available resources be found.
Mr. NELSON of Florida. I thank the Senator for that clarification.
The bill before us makes the best of a difficult situation by spreading
limited funds over as many worthwhile transportation programs and
projects as possible. I believe the committee has worked diligently to
support a great number of projects in spite of limited resources. I
further understand that if additional resources cannot be found, it
might be possible to redistribute funds over a more diverse list of
worthwhile recipients than is currently outlined in the Committee's
report. Specifically, there are two counties in Florida, Brevard County
and Polk County, that are deserving of federal funds for bus
acquisition, which were unfortunately not included in either the House
or Senate reports. I understand that the Senator from Washington may be
able to work with conferees to see that these counties receive some
federal funds for bus and bus facilities, either by finding additional
resources or by reallocating funds within this account. Is this
correct?
Mrs. MURRAY. I will be happy to work with you to address these
concerns as the Transportation bill moves through the process.
Mr. NELSON. I thank the distinguished Senator. I appreciate your
support and that of your staff on this issue, and look forward to
working with you.

asr-9 airport radar service life extension program

Ms. MIKULSKI. Mr. President, it is my understanding that the
Appropriations Committee has recommended an increase of $10M above the
FAA's $12.8M budget request to expedite the ASR-9 service life
extension program. Unfortunately, the House Transportation bill failed
to provide an increase in funding for this critical program.
I have been advised that major portions of the ASR-9 radar processor
will be unsupportable within 2 years. The supply of various critical
spare parts--which are no longer manufactured by various commercial
suppliers--is nearing a critical stage. When the supply of these parts
run out, we run the risk of dangerous radar outages at 125 of our
countries busiest airports.
I am particularly concerned that if this $10 million of additional
funding is not preserved in conference, delays in program startup will
prevent the insertion of new technology in time to avoid potential
radar outages.
Mrs. MURRAY. Let me say to the Senator from Maryland that we will
keep her concerns in mind as the Transportation bill moves through
conference.
Ms. MIKULSKI. I thank the chairwoman for her leadership on this issue
and look forward to working with you on this important issue.

transportation research

Mr. BINGAMAN. Mr. President, I would like to spend just a few minutes
today discussing two existing transportation research programs with the
chairman of the Transportation Appropriations Subcommittee, my friend
Senator Murray. Is the distinguished chairman aware of the existing New
Mexico Road Lifecycle Innovative Financing and Evaluation (RoadLIFE)
program at the Federal Highway Administration and the National
Transportation Network Analysis Capability (NTNAC) program funded
through the Department's Transportation Planning, Research and
Development Program?
Mrs. MURRAY. Yes, I am aware of these two valuable programs in the
Department of Transportation and appreciate the opportunity to discuss
them with you.
Mr. BINGAMAN. The ongoing RoadLIFE program is a partnership between
FHWA, the State of New Mexico, and several universities to demonstrate
the possible benefits of innovate financing methods, such as Grant
Anticipation Revenue Vehicle (GARVEE), and performance warranties on
highway safety, road quality and on the long-term costs to maintain a
highway. Last year, the Department announced a 20-year research
agreement between the Department, the Volpe Center and the State of New
Mexico to validate the cost savings to the government of these
innovative funding approaches. Does the chairman agree that this study
could provide valuable information that could change the future of road
building in America?
Mrs. MURRAY. The Senator from New Mexico, is correct. The RoadLIFE
program could be a valuable effort not only to New Mexico, but to all
states that are interested in using innovative highway financing
methods.
Mr. BINGAMAN. The State of New Mexico will continue to shoulder most
of the costs associated with the RoadLIFE research initiative and the
FHWA has been an essential and valued partner in the development and
implementation of the innovative approaches to financing and warranties
being tested in New Mexico. Does the chairman join me in encouraging
the FHWA and Volpe Center to give priority consideration to continuing
to provide staff and financial support to the RoadLIFE program to
ensure that the results will be useful to the Nation?
Mrs. MURRAY. Yes, I agree, the Department should give priority
consideration to continuing of this important project.
Mr. BINGAMAN. The National Transportation Network Analysis Capability
(NTNAC) is being developed to simulate the operation of the national
transportation system, including individual modes--trucks, trains,
planes, waterborne vessels--and the transportation infrastructure used
by these carriers. Based on the technology underlying the successful
TRANSIMS model, NTNAC is a simulation that will view the national
transportation infrastructure as a single, integrated system. Los
Alamos National Laboratory is the lead technical agency for this
effort. Does the chairman agree that NTNAC could provide the DOT with
new capabilities to assess and formulate critical policy and investment
options that take into account transportation economics, modes, public
safety, and environmental concerns, as well as infrastructure
requirements and vulnerabilities?
Mrs. MURRAY. Yes, I agree that this ongoing effort could provide DOT
an

[[Page S8529]]

important tool to assess the consequences of transportation policies
before they are implemented.
Mr. BINGAMAN. Prior efforts on NTNAC have demonstrated the capability
to model nation-wide freight transportation and provided valuable
analytical insights into the nation's freight and transportation
system. For example, NTNAC is currently capable of simulating the
movement of millions of trucks across the nation's highway network from
point-of-origin to final destination. Does the chairman agree that the
Department of Transportation should give priority consideration to
providing additional funding in fiscal year 2002 to extend and
consolidate these achievements and to move towards a full-scale
development.
Mrs. MURRAY. I agree, the Department should give priority
consideration to continuing the NTNAC project under the Transportation
Planning, Research and Development Program.
Mr. BINGAMAN. I thank the distinguished chairman for her fine work on
this bill and for this opportunity to discuss these two important
research programs in New Mexico.

AIRLINE INDUSTRY

Mr. WYDEN. I would like to take a moment to talk about a
transportation issue that is very much on the mind of many Americans as
we head into the busy summer travel season. That issue is potentially
unfair and deceptive practices in the airline industry. My good friend
and Pacific Northwest colleague, Senator Murray, has heard me talk
about this before, in the context of pushing for passenger rights
legislation. But today, I would like to talk briefly about a small step
the government could take without enacting any new legislation. It
wouldn't solve all the problems, but I think it would be a step in the
right direction.
Mrs. MURRAY. Senator Wyden has certainly been a leading and forceful
voice for consumer protections in the airline industry. So I would be
happy to hear his idea on this subject.
Mr. WYDEN. I thank the Senator, both for this opportunity and for all
her hard work and leadership in crafting an excellent Transportation
appropriations bill. The bill will do a great deal for all types of
transportation in this country, including aviation. She has served the
public well, as she has done throughout her service here in Congress.
But as the Senator knows, airline travelers are frustrated. In the
last five years, delays, cancellations, and consumer complaints have
all risen dramatically. Earlier this year, the DOT inspector general
reported that ``the aviation system is not working well.''
Part of the problem is insufficient capacity. That is why I support
efforts to increase capacity by building more runways and improving air
traffic control. It is also why Senator Murray's efforts on the
aviation portions of this year's are so appreciated.
At the same time, part of the problem is that there isn't enough
competition. Airlines too often treat consumers in ways that would not
be tolerated for long in other industries--and the airlines get away
with it because passengers have limited choices for air travel.
The Department of Transportation is charged with protecting consumers
against airlines that engage in ``unfair and deceptive'' practices. But
the truth is, the Department of Transportation is not primarily a
consumer protection agency. It has limited resources for this task, and
limited experience with ``unfair and deceptive'' practice enforcement.
The agency with the most expertise in this area is the Federal Trade
Commission. Protecting consumers against unfair and deceptive practices
is the FTC's bread and butter. Under existing law, the FTC cannot
take enforcement actions against airlines. And I am not proposing to
change that.

However, while the FTC has no enforcement authority over airlines,
nothing prevents it from studying and reporting on unfair practices in
the airline industry. I believe the FTC could do a real service to the
flying public by providing some much needed expert analysis of arguably
unfair practices in the airline industry.
For example, I think it would be very illuminating for the FTC to
take a look at whether airlines tend to cancel flights simply because
they are not sufficiently full. A movie theater doesn't cancel the 3:00
matinee just because only a handful of people show up. But does this
happen in the airline industry? The FTC, with its strong economic and
investigatory staff, would be in an excellent position to get to the
bottom of this issue.
Let me be clear. I am not in a position to tell the FTC what to do.
And I am not proposing to impose new requirements on them through
legislation. I am simply saying that if the FTC chose to look into
this, I think its conclusions would carry a lot of weight. In my
opinion, the FTC's involvement here, on a purely investigatory basis,
could make an important contribution to our understanding of what goes
on in the airline industry.
I think there is that potential. To do any really serious analysis,
the FTC would need cooperation from the Department of Transportation
for important data and statistics. Clearly, the sharing of data would
be more efficient and cost effective than having the FTC try to
duplicate all the extensive data gathering that the Department of
Transportation has already done.
My fear is that everything could get bogged down in institutional
jealousies and jurisdictional squabbles. If the Department of
Transportation chose not to cooperate, the FTC's effort would be slowed
tremendously or even stalled entirely.
The good news is, I don't see any legitimate reason why the
Department of Transportation shouldn't cooperate. As chair of the
Transportation Appropriations Subcommittee, is the Senator aware of
anything in this year's funding bill or in any other law governing the
Department that would prevent it from cooperating, in the event that
FTC chose to pursue one or more airline-related investigations?
Mrs. MURRAY. No, I agree with the Senator that the Department of
Transportation would be free to cooperate.
Mr. WYDEN. I appreciate that response, and I heartily agree. If I
could just briefly sum up my point here, it is that if the FTC decides
to investigate airline practices--which it can already do under current
law--I believe it could do an important service. And I wouldn't want
lack of cooperation from the Department of Transportation to stand in
the way.
I thank my friend from Washington for her attention.

approach lighting system improvement

Mr. GRAHAM. Mr. President, I am pleased to see that the Senate
Transportation appropriations bill has included a provision which makes
$33,331,000 available for the Approach Lighting System Improvement
Program (ALSIP). I thank my colleague from Washington, the chair of the
Subcommittee, Mrs. Murray for her help in securing this funding.
Mrs. MURRAY. The Senator is correct, $33,331,000 is available for
ALSIP.
Mr. GRAHAM. The language on page 51 of the Senate Report (107-38)
does not specify that the funding that is made available is provided
both for the installation of the previously purchased medium approach
lighting systems with runway alignment indicator lights (MALSR) and for
future procurement, so as to keep the production line operational. I
would like to ask for clarification: is money in this account to be
used both for installation and procurement?
Mrs. MURRAY. Yes, that is correct.
Mr. GRAHAM. I hope that language to this effect can be included in
the conference report.
Mrs. MURRAY. I will look to clarify this in the final language.

section 315 (gp) and air traffic congestion in the chicago region

Mr. BAYH. Mr. President, I believe the chairwoman and ranking member
are aware of the air traffic congestion and capacity issues facing the
Chicago area. Not only are these important issues for the national
aviation system, but for the greater Chicagoland area as well. I thank
the chairwoman and the ranking member for the attention given to this
regional and national dilemma.
As you know, the Chicago area desperately needs additional airport
capacity. I believe the Gary/Chicago Airport is capable of immediately
providing the capacity needed to relieve Chicago's O'Hare and Midway
Airports. I continue my longstanding support for the Gary/Chicago
Airport as an integral part of the solution to meet the air traffic
needs of the region.
I am working closely with my colleagues Senator Lugar, Congressman
Visclosky in the House of Representatives, Indiana Governor Frank

[[Page S8530]]

O'Bannon, and with local officials in Indiana to ensure that the Gary/
Chicago Airport is included in any discussions at the federal level
about how to relieve air traffic congestion in the Chicago region.
Section 315 (General Provisions) requires the Secretary of
Transportation to work with the Federal Aviation Administrator (FAA) to
encourage a locally developed and executed plan between the State of
Illinois, the City of Chicago, and affected communities for the purpose
of modernizing O'Hare International Airport. It is my hope that any
discussions in Congress, at the FAA, or elsewhere, include Indiana and
the Gary/Chicago Airport as a part of the solution to this crisis.
Mr. LUGAR. Mr. President, I appreciate the attention the
Appropriations Committee has given to this important issue. I join with
my colleague from Indiana Senator Bayh in sharing with the committee
our thoughts about section 315 of the bill. I hope the committee will
be mindful of our strong interest in this issue, and that we believe
Indiana should be specifically listed and included in any matters or
discussions relating to federal proposals or legislation intended to
relieve air traffic in the Chicago region.
The Chicago region needs additional airport capacity and some of this
capacity can be accommodated at the Gary/Chicago Airport. Throughout my
service in the Senate, I have been a strong supporter of the Gary/
Chicago Airport as a viable part of the solution that will help meet
the current pressing air traffic needs of the region.
Earlier this year, the Gary Airport submitted to the FAA a draft of
its phase II20-year master plan/airport layout plan. This effort
proposes an expansion of existing airport facilities, including
navigational improvements, runway extensions and construction of
parallel runway. I strongly support the airport's plan for future
growth and believe this master plan is an essential part of the
solution to helping relieve air traffic congestion now and in the long
term. It is especially important to keep in mind that the Gary/Chicago
Airport today is an active, fully operational aviation facility with a
7,000 foot main runway and a crosswind runway that can help provide
immediate relief to the problem of aviation congestion in the Chicago
region.
On June 12, I hosted a meeting in Washington with Transportation
Secretary Mineta and was joined by my colleagues Senator Bayh and
Representative Visclosky, along with Indiana Governor O'Bannon and Gary
Mayor King. During this productive and positive meeting, we emphasized
to Transportation Secretary Mineta our strong and unified support for
the master plan/ALP submitted by the Gary/Chicago Airport that is
currently being evaluated by the FAA. We specifically requested
Secretary Mineta's assistance in ensuring that Gary's master plan/ALP
receive full and fair consideration, and that the FAA work to expedite
their consideration of Gary's plan. We hope Gary's master plan/ALP will
be approved by the FAA this year.
The problem of air congestion in the Chicago region and the urgent
need for relief should be national priorities. I believe that existing,
operating, regional airport facilities such as the Gary/Chicago Airport
should be included as part of both short-term and long-term solutions
to this aviation safety and public transportation challenge. I wish to
thank the chairwoman and ranking member for their attention to our
concerns about this important matter.
Mrs. MURRAY. Mr. President, the committee is aware of the Senator's
strong interest in making sure that Indiana is a part of these
important discussions, and the committee agrees that the Gary/Chicago
Airport should be specifically included as part of federal
deliberations concerning air traffic congestion in the Chicago region.

san bernardino metrolink

Mrs. FEINSTEIN. Mr. President, I rise with the chairman and ranking
member of the Transportation Appropriations Subcommittee to discuss a
transportation infrastructure project that is of great importance to
the southern California region.
I want to first, however, thank Chairman Murray and Senator Shelby
for their outstanding work on this bill. The fiscal year 2002
Transportation Appropriations bill provides appropriations for
important transportation and transit projects in the State of
California and the rest of the nation. The transportation needs in
California alone are tremendous. I understand the difficulty you faced
in trying to meet as many of these needs as possible under tight budget
constraints.
I am concerned, however, that this is an important California project
that was not funded--the Metrolink's double track project on the San
Bernardino line.
Mr. SHELBY. The committee is aware of this project. It is my
understanding that as one of the fastest growing commuter rail systems
in the country, Metrolink is integral to the commuting requirements of
the citizens of the Los Angeles basin. It provides service to Orange,
Riverside, San Bernardino, Los Angeles, Ventura, and San Diego
Counties.
Mrs. MURRAY. Metrolink has received appropriations in each of the
past 2 fiscal years. A local match of 70 percent is already in place,
representing a substantial local and state commitment to the project. I
understand the Senator from California's concern over this project and
I will continue to work with her to try to determine whether funding
can be made available for this project.
Mrs. FEINSTEIN. I thank the chairman and ranking member for their
understanding and willingness to work with me on this project. The
Metrolink system is quickly reaching capacity. With continued federal
support, it will be able to meet the growing demands for its service,
while reducing congestion and improving the air quality of southern
California.

funding to improve the highway system of aroostook county in northern
maine

Ms. COLLINS. I thank the chairman and ranking member of the
Subcommittee on Transportation Appropriations for providing needed
funding for projects of great importance to Maine. My senior colleague
from our great State and I would like to engage you in a brief colloquy
about one such project--the improvement of the highway system in
northern Maine. The Senate report accompanying the fiscal year 2002
Transportation appropriations bill sets aside $6 million to help us
move forward extending Maine's highway system beyond the termination
point of Interstate 95 in Houlton. Having been born and raised in
northern Maine I can tell you first hand about the critical importance
to that region's economy of improving the highway system of Aroostook
County.
Ms. SNOWE. As Senator Collins expressed, your efforts on behalf of
our State are deeply appreciated. We are committed to improving the
highway system in Aroostook County and therefore welcome your support
for this project. Interstate 95's current termination point is more
than one hundred miles away from Maine's northern-most communities,
which inhibits their ability to interact and to transact with the rest
of the State and beyond.
Mrs. MURRAY. We are well aware of the importance of this project to
the State of Maine and are pleased to provide support.
Ms. COLLINS. We would respectfully ask that you make every effort to
retain the $6 million earmark in the conference on your bill with the
House of Representatives, so that these funds can be used next year to
cover engineering, construction, and planning costs associated with
enhancing the highway system in northern Maine.
Mrs. MURRAY. I can assure you that I will keep your concerns in mind
as we go to conference with the House.
Mr. SHELBY. And I provide you similar assurances of support for your
project, as you have described it, during the conference on the
Transportation appropriations bill.
Ms. SNOWE. We very much appreciate your willingness to advocate on
our behalf, and on behalf of our State. The $6 million will be a
critical down-payment on this ambitious project.

Northstar Corridor Commuter Rail Project

Mr. WELLSTONE. Mr. President, I rise to engage in a colloquy with my
distinguished colleague from Washington, the chairwoman of the
Appropriations Subcommittee on Transportation. The purpose is to
discuss an important initiative in the State of Minnesota, the
Northstar Corridor. I would also like to thank the chairwoman and the
subcommittee for providing funding to support several projects in my

[[Page S8531]]

state including the Hiawatha Corridor, the Minnesota Valley Regional
Rail Authority, the Phalen Boulevard, Trunk Highway 610/10, as well as
bus procurement for the Metro Transit and Greater Minnesota Transit
Authorities.
As my colleague knows, many regions of our country are experiencing
significant growth. This is true for the Twin Cities Metropolitan area
in Minnesota. In order to help commuters and reduce congestion in the
North metro area, the Northstar Corridor project has been undertaken by
local authorities to provide commuter rail service between Minneapolis
and St. Cloud. This project is one of the corridors included in the
comprehensive Twin Cities Transitways Project to provide much needed
light rail and commuter rail services in the region.
Specifically, the Northstar Corridor, which was authorized in TEA-21,
will provide a direct connection between two major regional centers for
business, education and health care. The 80-mile commuter rail line
will operate on existing BNSF track. The Northstar Corridor has been
identified by both the Minnesota Department of Transportation and the
Twin Cities Metropolitan Council as the highest priority corridor for
implementation of commuter rail in the state. While the bill before us
contains significant funding for new start construction projects under
the jurisdiction of the Federal Transit Authority, including the
Hiawatha light rail corridor in Minneapolis, funding was not included
for the Northstar Corridor. However, H.R. 2299 does include $10 million
for the Northstar Corridor. This funding will support right of way
acquisition, final design and engineering of stations, vehicles,
capacity improvements to existing track and maintenance facility. I
would seek my colleague's assurance that during consideration of the
conference report on the FY 2002 Department of Transportation
appropriations bill, that she would be supportive of the Northstar
Corridor commuter rail project.
Mrs. MURRAY. I am aware of the Twin cities Transitways Project and I
am pleased that this bill includes $50 million to support the Hiawatha
Corridor. While the subcommittee was unable to provide funding for the
Northstar Corridor initiative, we will give that project consideration
when we go to the conference committee with the House on the FY 2002
Department of Transportation Appropriations bill.
Mr. WELLSTONE. I thank my colleague for her work as chairwoman and
for her support for the Northstar Corridor.

michigan itcs project

Ms. STABENOW. Mr. President, I rise to engage in a colloquy with the
distinguished chairwoman of the Transportation Appropriations
Subcommittee. As the chairwoman knows, since Fiscal Year 1996, the
Congress has appropriated a total of $13 million for the Michigan
Incremental Train Control System (ITCS) Project, a public--private
partnership to develop, test, prove and demonstrate an advanced
positive train control system on a portion of the Detroit--Chicago rail
corridor between Kalamazoo and Porter, Michigan to provide high speed
rail operations. The Michigan ITCS project focuses on upgrading the
existing wayside signal system to facilitate passenger train speeds in
excess of 80 miles per hour, while still controlling freight trains
that move at slower speeds.
The administration's Fiscal Year 2002 DOT Budget proposal provides
that $3 million of funding provided for ``high speed train control
systems'' under the Next Generation High Speed Rail Program be
allocated to the Michigan ITCS Project, which is entering its final
phase. In the bill before us, a total of $11 million is provided for
``high speed train control systems'' with $5 million of those funds
allocated to a PTC project in Wisconsin. Mr. President, I ask
distinguished chairwoman to give this important project consideration
in conference, and provide $3 million for the final phase of Michigan
ITCS project, consistent with the administration's budget request. Any
consideration that the distinguished chairwoman can provide is much
appreciated.
Mr. LEVIN. Mr. President, I join my colleague from Michigan in urging
you to give this worthy project consideration in conference. The
Detroit-Chicago Corridor has been designated as one of only ten high-
speed rail corridors in the nation. In order to make that designation a
reality we must develop the necessary technology to allow high-speed
rail to operate safely on existing infrastructure. That means
completing the development of an effective train control system. This
project, as a public-private partnership, has had the ongoing
participation and support from the State of Michigan, the Federal
Railroad Administration, Amtrak and Harmon Industries, the company
developing the technology. It also has the support of Michigan's two
Senators and I hope we can find a way to continue Federal support for
this project.
Mrs. MURRAY. Mr. President, I thank the distinguished Senators from
Michigan, and I will be happy to work with her in conference on this
important Michigan ITCS project.
Ms. STABENOW. I thank the distinguished chairwoman of the
subcommittee.

federal highway administration

Mr. SCHUMER. Mr. President, I wish to engage the esteemed Chair of
the Senate Transportation Subcommittee in a brief colloquy regarding a
recent Federal Highway Administration (FHWA) interpretative memorandum.
FHWA, in response to a legitimate concern about maintaining the
uniformity of the signs on our nation's highways, has issued a
memorandum proscribing restrictions for the text of signs used in state
Adopt-A-Highway programs.
FHWA's intention, I believe, is a good one--to prevent the
commercialization of our nation's relatively uniform interstate highway
signs. It might amuse my colleague's to know that uniformity is the
result of very serious tome entitled the Manual on Uniform Traffic
Control Devices, or ``MUCTDA'' as some call it.
Despite its funny name, MUCTDA represents sound public policy. Since
the inception of Adopt-A-Highway programs, several participating states
have referred to MUCTDA's section 2D-47, when trying to determine how
to appropriately recognize the roadway sponsor on Adopt-A-Highway
signs.
This section states that ``messages, symbols, and trademarks that
resemble any official traffic control device shall not be used on
Adopt-A-Highway signs.'' This implies that other logos which do not
resemble official traffic control devices are acceptable.
The recent interpretive memorandum, however, says that all logos
constitute advertising and, as such, Adopt-A-Highway signs with any
logos must come down.
This is extremely problematic for New York, which has awarded over
$26 million in Adopt-A-Highway contracts since 1996. Without the
ability to post any logos, both corporate and non-corporate sponsors
will end their involvement. This could undermine a great deal of
progress we have made in keeping New York's roadways clean and safe.
In short, this interpretive memorandum could completely hobble the
Adopt-A-Highway program in my state and in others, which I am sure is
not FHWA's intent.
I am not trying to block FHWA from proscribing regulations pertaining
to Adopt-A-Highway signage, but I do believe that the affected states
should be consulted first because so much revenue for maintaining
highways is at stake.
As the Senator prepares for conference committee deliberations I hope
she will agree that FHWA has an obligation to work with the affected
states to find some resolution to this Adopt-A-Highway signage issue
because this interpretative memorandum appears to change FHWA's policy
at mid-course.
Mrs. MURRAY. I agree with the Senator from New York that FHWA should
engage the state transportation departments to find some resolution
that provides for a uniform national policy without, if possible,
unnecessarily jeopardizing existing Adopt-A-Highway contracts.

new starts transit program

Mr. SARBANES. Mr. President, I rise today to highlight the fact that
the bill pending before us provides an additional $100 million for the
New Starts transit program above the amount guaranteed in the
Transportation Equity Act for the 21st Century (TEA-21).

[[Page S8532]]

This is a critically important investment in our nation's
transportation infrastructure which will ultimately provide more
transportation options for all Americans.
All across the country, congestion and gridlock are taking their toll
in terms of economic loss, environmental impacts, and personal
frustration. According to the Texas Transportation Institute, in 1999,
Americans in 68 urban areas spent 4.5 billion hours stuck in traffic,
with an estimated cost to the nation of $78 billion in lost time and
wasted fuel. And the problem is growing.
In response, Americans are searching for alternatives. According to
the American Public Transportation Association, Americans took over 9.4
billion trips on transit in 2000--the highest level in 40 years. In
fact, over the past five years, transit ridership has increased by 21
percent, growing more than four times faster than the U.S. population.
Over 200 communities around the country, in urban, suburban, and rural
areas, are considering light rail or other fixed guideway transit
investments to meet their growing transportation needs.
When Congress passed TEA-21 in 1998, we made a significant commitment
to supporting communities' public transportation investments. TEA-21
authorized almost $8.2 billion over six years to fund new rail
projects; $6 billion of that amount was guaranteed.
In the years since TEA-21's passage, it has become clear that
communities' need for New Starts funding has grown even faster than
anticipated in 1998. Yet the program has consistently been funded only
at the guaranteed level, leaving the remaining authorization
unutilized. Now, for the first time, the Appropriations Committee has
provided funding for New Starts above the amount guaranteed by TEA-21,
appropriating $100 million of the $430 million non-guaranteed
authorization. I commend the Committee for taking this step toward
addressing the growing need for transit funds within TEA-21's statutory
framework.
Increased investment in transit will ultimately benefit all
Americans. For example, as cities and towns across America are
discovering, public transit can stimulate the economic life of any
community. Studies have shown that a nearby transit station increases
the value of local businesses and real estate. Increased property
values mean more tax revenues to states and local jurisdictions; new
business development around a transit station means more jobs.
Moreover, I believe the potential of mass transit to help address our
nation's current energy crunch has been consistently overlooked. With
gas prices soaring and congestion increasing, public transit offers one
of the best solutions to America's growing pains.
I am gratified to see that the Appropriations Committee has
recognized the strong demand for transit in communities across the
country by funding the New Starts program above the guaranteed level.
This is an important first step toward addressing America's long-term
transportation needs.

PORTS TO PLAINS HIGH PRIORITY CORRIDOR

Mr. ALLARD. Mr. President, I would like to briefly engage the
Chairman and Ranking Member of the Senate Transportation Appropriations
Subcommittee on a transportation issue important to the State of
Colorado.
The Ports to Plains High Priority Corridor is a most pressing issue
for my state, however, I have concerns about language currently in the
Transportation Appropriations bill. As it stands, the bill contains a
$1 million feasibility study for a section of the corridor on US 64/87
in New Mexico.
Mrs. MURRAY. I would say to the Senator from Colorado that I am
certainly aware of the issues surrounding the Ports to Plains corridor
and I understand his concerns.
Mr. ALLARD. I appreciate that. As the Senator knows the states of
Texas, New Mexico, Oklahoma and Colorado have been engaged for several
years now in determining the best route for this TEA-21 authorized
trade corridor. Just last week, the Colorado Transportation Commission
voted unanimously for designation of the Eastern Colorado route from
the Oklahoma panhandle to Denver via US 287. A feasibility study for a
New Mexico section of this route would clearly send a signal that
Congress intends to legislate that the corridor be routed up Interstate
25 into Denver.
Mr. INHOFE. I would like to add a similar resolution passed by the
Oklahoma Transportation Commission also supports US 287 as the
preferred route to Denver, CO. I think it should also be noted that the
Texas Department of Transportation has indicated that it would defer to
Colorado to negotiate the alignment of the northern section of the
corridor. I share the concerns of the Senator from Colorado about a New
Mexico feasibility study.
Mr. ALLARD. I thank the Senator from Oklahoma for his support. We
understand the wishes of our friends in New Mexico. However, we feel
that the overwhelming support for the US 287 route coupled with the
massive opposition in Colorado to encouraging any further traffic on
Interstate 25 simply needs to be heard. Further, the existence of the
Camino Real High Priority Corridor on Interstate 25 should be taken
into account--allowing another High Priority Corridor on already-
congested Interstate 25 just doesn't make sense. It should be noted
that many of the high population centers along Interstate 25 south of
Denver have made their opposition to the corridor well known. Those
along US 287 in Eastern Colorado have made their support equally as
well known.
In fact, just this week, the four states got together one more time
and have been able to iron out a compromise that accommodates all
parties. Allowing this feasibility study to stay in the bill would
further complicate and delay a process that is clearly working.
Mr. SHELBY. I would say to the Senators from Colorado and Oklahoma
that I am certainly aware of the actions of the states on this and I
would agree that their views are of utmost importance in any final
designation. I would share with the Senators that I am hesitant for the
Congress to designate routes when the process among the States to
determine the corridor's working toward conclusion.
Mrs. MURRAY. I would agree with the distinguished Ranking Member and
I agree that we will need to address this in the joint Senate-House
Conference Committee.
Mr. SHELBY. I would concur with the Chairman and would say that it is
my intent as well to minimize or eliminate Congressional involvement in
this issue at this time.
Mr. ALLARD. I thank the Senators for their interest in working with
us on this issue. I look forward to the conference committee's outcome.

air traffic instructional services

Mr. SHELBY. Mr. President, the Federal Aviation Administration
operates a critical program of proficiency and developmental training
for air traffic controllers. It has been demonstrated that this
training reduces operational errors and makes the skies safer for the
flying public. Over the past several years the Senate Transportation
Appropriations Subcommittee has required that the Federal Aviation
Administration spend its appropriated funds on the Air Traffic
Instructional Services, or ATIS, program and not reprogram these funds
to other accounts without approval of the subcommittee. This has worked
well in the past and has insured proper expenditure of these funds.
I hope this support for the ATIS program will continue in fiscal year
2002. Is it your understanding that the operational account of the FAA
fully funds the budget request for the ATIS program? Do you agree that
these funds are to be spent only on this account unless expressly
approved by the Subcommittee?
Mrs. MURRAY. I appreciate the opportunity to address this matter. It
is my intention to continue to press for full funding of the ATIS
program in conference committee deliberations with the House. It should
also be known that the subcommittee believes that full funding for ATIS
is critical to the safety of our airways and that any reprogramming by
the FAA should be done only after consultation with the subcommittee.

tennessee public transportation

Mr. FRIST. Mr. President, I would like to take this opportunity to
thank the Chairwoman and Ranking Member of the Subcommittee on
Transportation Appropriations for their efforts in securing the 5309
appropriations for public transportation in our state of Tennessee. Our
state's public transit

[[Page S8533]]

programs historically have not received the necessary federal funding
critical to supply invaluable services to the people of Tennessee. Our
state is one of only five in the nation that provides public
transportation to citizens in each county, with eleven rural and twelve
urban transit systems servicing all 95 counties. To fund this effort
and compensate for lower federal funding in recent years, it is my hope
that the Conference Committee will recognize that the $12 million
funding level recommended by the House is fully justify for public
transportation initiatives in Tennessee. I have shared my concerns with
Senators Murray and Shelby about the importance of effective transit
programs in a growing state like ours and I hope that my friends will
do all that they can to ensure that Tennessee's public transportation
system will be provided $12 million in federal funding when the
Conference Committee convenes. Again let me reiterate my appreciation
to the Chairwoman and Ranking Member. I look forward to working with
both of you on this issue.
Mr. THOMPSON. Mr. President, I strongly support the words of my good
friend and colleague from Tennessee. I, too, would like to thank
Chairwoman Murray and Ranking Member Shelby for their leadership on the
Transportation Subcommittee. I give my full support to developing
effective public transportation programs that serve the needs of all
Tennesseans. Our public transit systems have not historically seen the
level of federal support they need to develop properly. As our cities
grow and our transportation needs change 279 active urban transit buses
now exceed their 12-year useful service life. Additionally, there are
218 rural transit vans with mileage in excess of the 100,000-mile
service life. The $12 million funding level provided in the House will
improve public safety and reduce maintenance costs while ensuring that
an adequate infrastructure is in place to better serve all the counties
of our growing state. It is my sincere hope that the Conference
Committee will restore the full funding level recommended by the House.
Mr. FRIST. I would like to echo the sentiment of my friend and
colleague and reiterate the need to develop and expand public
transportation services in our state. The federal contribution to these
services has been low for some time. I look forward to working with the
Conference Committee to act in the interests of those who depend upon
efficient public transportation by providing the full $12 million, as
provided by the House.
Mr. THOMPSON. I thank my colleague from Tennessee for his work on
this issue of great importance to thousands of our constituents. I
eagerly await with him for action by the Conference Committee.
Mrs. MURRAY. I have duly noted the concerns of my friends from
Tennessee and look forward to working with them on this issue.
Mr. SHELBY. I thank the Senator from Tennessee for raising their
concerns and I also will work with my friends from Tennessee to address
their concerns during conference.
Mr. FRIST. I thank my friends and colleagues. Mr. President, I yield
the balance of my time.

Essential Air Service Program

Ms. SNOWE. I thank the chairman and ranking member of the
Appropriations Subcommittee on Transportation for working closely with
me and Senator Collins on projects of importance to our state, as well
as critical national priorities. Your efforts are very much
appreciated. As you know, one issue of great importance to my home
state of Maine, as a rural state with many small, remote communities,
is the U.S. Department of Transportation Essential Air Service--EAS--
program. Air service in rural areas is not simply a luxury, it is an
imperative. Any municipality or small business owner will tell that
without quality, affordable air service, economic development is
virtually impossible. The EAS program is designed to ensure that small
communities that were served by commercial air carriers prior to
deregulation maintain scheduled air service. Today, the EAS program
serves over 80 rural communities nationwide. The reality of deregulated
air service is that four of Maine's six commercial airports--including
the State Capital's airport in Augusta--rely on EAS to have any service
to all. Unfortunately, the Administration has proposed a change in the
eligibility criteria for the program which would result in the
elimination of air service to a number of rural communities nationwide,
including Augusta.
Ms. COLLINS. I would like to express my appreciation to the Chairman
and Ranking Member of the Subcommittee as well, and would like to add
to what my colleague from Maine has said regarding the EAS program,
which is so critical in Maine. The EAS program sustains important
economic, social, and quality of life benefits for the rural
communities it serves. In Maine's case, Augusta, Maine, the State of
Capital, would lose air service. Commercial air service in our Capital
is absolutely crucial. Loss of service would undermine the region's
economy and hinder the operation of the State government.
Mrs. MURRAY. I am aware of your concern and I can assure you that
during the Senate-House conference on this bill, we will keep your
views in mind.
Mr. SHELBY. Likewise, I am well aware of your support for the
program, and I know how important it is to rural areas including the
community of Muscle Shoals, Alabama. I will work with the Chair during
the conference to address the concerns you have raised.
Ms. COLLINS. Thank you very much. We appreciate your willingness to
address this important matter. We look forward to working with you as
the appropriations process continues.
Mrs. SNOWE. Once again, I would like to thank the Subcommittee for
its strong support and its willingness to make an effort to address
issues of concern to rural states like Maine. Thank you both very much.
The PRESIDING OFFICER. The majority leader.
Mr. DASCHLE. Mr. President, I ask unanimous consent that the yeas and
nays on the bill be vitiated.
The PRESIDING OFFICER. Is there objection?
Without objection, it is so ordered.
The question is on the engrossment of the amendments and third
reading of the bill.
The amendments were ordered to be engrossed, and the bill to be read
a third time.
The bill was read the third time.
The PRESIDING OFFICER. The bill having been read the third time, the
question is, Shall the bill pass?
The bill (H.R. 2299), as amended, was passed.
(The bill will be printed in a future edition of the Record.)
Mrs. MURRAY. Mr. President, I move to reconsider the vote.
Mr. DASCHLE. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
The PRESIDING OFFICER. The majority leader.

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