[Congressional Record (Bound Edition), Volume 147 (2001), Part 10]
[Senate]
[Pages 14861-14889]
[From the U.S. Government Publishing Office, www.gpo.gov]


[[Page 14861]]

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

  The PRESIDING OFFICER. The Senator from Utah is recognized for his 
remaining 9 minutes 30 seconds.
  Mr. BENNETT. Mr. President, I thank the Chair and the assistant 
majority leader for his courtesy. I want to conclude by commenting once 
again on the importance of the United States keeping its international 
commitment, a commitment made to Canada and Mexico to allow a free 
trade area to occur on the North American continent. It is in our own 
interest. It is the intelligent thing to do, and historically it will 
see to it that the economies of all three of these countries will 
benefit.
  Here is the first test we have of whether or not the actual 
regulations of NAFTA will be allowed to work in a way that benefits our 
neighbors to the south, even though it discomfits a powerful political 
group in the United States. If we fail that test, we will send a 
message to the Mexicans that says we didn't really mean it; we don't 
think you really should have equal status with the Americans. I can 
think of no more corrosive a message to send to the Mexicans than that 
one. That is why I think we must be as firm as we are trying to be in 
this debate of making it clear that we are going to hang on to this 
issue until it is resolved satisfactorily.
  Mr. GRAMM. Will the Senator yield for a question?
  Mr. BENNETT. I am happy to yield for a question.
  Mr. GRAMM. Mr. President, it is not often we get an opportunity to 
have someone speak in the Senate who has built a successful business, 
who has been engaged in international commerce, who has negotiated 
contracts for millions of dollars. I would like to take this 
opportunity, since he has a few minutes left, to pose some questions to 
the Senator about the debate before us.
  As the Senator is aware, we entered into a free trade agreement with 
Canada and Mexico in 1994. A Republican President signed the agreement 
in San Antonio, TX--George Bush. The agreement was ratified with the 
vigorous support of a Democrat President, Bill Clinton. We are in the 
process of implementing it under another Republican President. So this 
is an agreement that was supported on a bipartisan basis by three 
Presidents.
  In that agreement, in the section having to do with the question 
before us, we have chapter 12, which is on cross-border trade and 
services. The language of the trade agreement is very simple. I would 
like to read it to you, and I would like to ask you some questions.
  First of all, the language says very simply what America's obligation 
is under what it calls ``national treatment.'' It is very simple. Our 
obligation to Canada, our obligation to Mexico, and their obligation to 
us is the following:

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

  First of all, with regard to trucking companies, if you had to 
convert that legal statement of obligation into English, what do you 
think it would say?
  Mr. BENNETT. I say to the Senator from Texas, I think it would say 
that Mexican trucks coming into the United States, Canadian trucks 
coming into the United States, or American trucks going into Mexico 
would all have to comply with the requirements of the States in which 
they were operating, but that in the process of thus complying, they 
would not have to change their procedures to a situation different from 
the procedures that were considered acceptable on both sides.
  This is something that would require the Americans to say we will 
honor the Mexican Government's procedures just as we expect the Mexican 
Government to honor the American Government's procedures.
  Mr. GRAMM. We would treat them the same. Whatever requirement we 
would have, they would have.
  Mr. BENNETT. I say to the Senator, that would be my understanding of 
the part of the treaty which he has read.
  Mr. GRAMM. Let me raise some issues in the time we have and see if 
the Senator believes that these issues violate the provision.
  The Murray amendment says that under the Motor Carrier Safety 
Improvement Act of 1999, which we adopted and which has to do with 
motor safety in America, in general, Canadian trucks can operate in 
America. Let me explain the problem.
  We have not yet implemented this law. Under President Clinton and now 
under President Bush, the difficulty in writing the regulations this 
bill calls for are so substantial that the provisions of this law have 
not yet been implemented.
  Even though they have not yet been implemented, a thousand Canadian 
trucks are operating in the United States under the same regulations 
American trucks are operating. Many thousands of American trucks are 
operating. But under the Murray amendment, until the regulations for 
this law are written and implemented, no Mexican trucks can operate in 
the United States on an interstate commerce basis.
  Would the Senator view that to be equal treatment?
  Mr. BENNETT. I would not, and I say to the Senator from Texas that I 
am familiar with the American legislation to which he refers because I 
have had, as I suppose the Senator from Texas has had, considerable 
complaints from my constituents about the regulations proposed under 
that bill and have contacted the administration, both the previous one 
and the present one, to say: Don't implement all aspects of this bill 
until you look at the specifics of these regulations; some of the 
things you are asking for in this bill would, in my opinion, and in the 
opinion of the constituents who have contacted me, make the American 
highways less safe than they are now.
  To say we must wait until that is done before we allow Mexican trucks 
in, in my view, would not only be a violation of NAFTA, it would be a 
violation of common sense because we are not implementing that for our 
own trucks on the grounds that it would not be good, safe procedure for 
our own trucks.
  Mr. GRAMM. Clearly, we are letting our trucks operate even though 
that law is not implemented; we are letting Canadian trucks operate 
even though it is not implemented, but in singling out Mexican trucks, 
it seems to me that violates the NAFTA agreement. Does the Senator 
agree with that?
  Mr. BENNETT. Without the benefit of a legal education, it seems to me 
that violates the clear language of the NAFTA treaty.
  Mr. GRAMM. In the time we have, let me pose a couple more questions.
  Currently, most American trucks are insured by companies domiciled in 
America, though some are insured by Lloyd's of London, which is 
domiciled in Great Britain. Most Canadian trucks, it is my 
understanding, are insured by Lloyd's of London, which is domiciled in 
Great Britain. Some of them are insured by Canadian insurance companies 
domiciled in Canada. The Murray amendment says that all Mexican trucks 
must have insurance from companies domiciled in America, a requirement 
that does not exist for American trucks, a requirement that does not 
exist for Canadian trucks.
  Does it not seem to the Senator from Utah that is a clear violation 
of the requirement that each party shall accord the service providers 
of another party treatment no less favorable than that it accords, in 
like circumstances, to its own service providers?
  Mr. BENNETT. It certainly would appear to me to be a violation. It 
would seem an interesting anomaly if a Mexican trucking firm had 
insurance with Lloyd's of London and then was denied the right to 
operate on American highways on the grounds----
  The PRESIDING OFFICER. The Senator's time has expired.
  Mr. GRAMM. I thank the Senator.
  The PRESIDING OFFICER. Under the previous order, the majority leader 
is recognized.


                Amendment No. 1163 to Amendment No. 1130

  Mr. Daschle. Mr. President, I call up amendment No. 1163.

[[Page 14862]]

  The PRESIDING OFFICER. The clerk will report.
  The bill clerk read as follows:

       The Senator from South Dakota [Mr. Daschle] proposes an 
     amendment numbered 1163 to amendment No. 1030.

  The amendment is as follows:

              (Purpose: To provide for an effective date)

       At the appropriate place, insert the following: ``Provided, 
     That this provision shall be effective three days after the 
     date of enactment of this Act.''.

  Mr. DASCHLE. Mr. President, I move to table and ask for the yeas and 
nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There is a sufficient second.
  The question is on agreeing to the motion. The clerk will call the 
roll.
  The legislative clerk proceeded to call the roll.
  Mr. REID. I announce that the Senator from California (Mrs. 
Feinstein) and the Senator from Georgia (Mr. Miller) are necessarily 
absent.
  I further announce that, if present and voting, the Senator from 
California (Mrs. Feinstein) would vote ``aye.''
  Mr. CRAIG. I announce that the Senator from Missouri (Mr. Bond), the 
Senator from Montana (Mr. Burns), the Senator from Wyoming (Mr. Enzi), 
the Senator from Tennessee (Mr. Frist), the Senator from Oklahoma (Mr. 
Inhofe), the Senator from Oklahoma (Mr. Nickles), the Senator from 
Kansas (Mr. Roberts), the Senator from Alabama (Mr. Sessions), the 
Senator from Alaska (Mr. Stevens), and the Senator from Wyoming (Mr. 
Thomas) are necessarily absent.
  I further announce that, if present and voting, the Senator from 
Montana (Mr. Burns) would vote ``yea.''
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The result was announced--yeas 88, nays 0, as follows:



           By Mr. DORGAN (for himself, Mr. DeWine, Mr. Conrad, and 
             Ms. Landrieu):
       S. 1258. A bill to improve academic and social outcomes for 
     teenage youth; to the Committee on the Judiciary.
           By Mr. BROWNBACK (for himself, Mr. Graham, and Mr. 
             Helms):
       S. 1259. A bill to amend the Immigration and Nationality 
     Act with respect to the admission of nonimmigrant nurses; to 
     the Committee on the Judiciary.
           By Mr. ROCKEFELLER:
       S. 1260. A bill to provide funds for the planning of a 
     special census of Americans residing abroad; to the Committee 
     on Governmental Affairs.
           By Mr. ROCKEFELLER:
       S. 1261. A bill to amend the Uniformed and Overseas 
     Citizens Absentee Voting Act to increase the ability of 
     absent uniformed services voters and overseas voters to 
     participate in elections for Federal office, and for other 
     purposes; to the Committee on Rules and Administration.

[[Page 14889]]


           By Mr. ROCKEFELLER (for himself, Mr. Roberts, and Mr. 
             Kennedy):
       S. 1262. A bill to make improvements in mathematics and 
     science education, and for other purposes; to the Committee 
     on Health, Education, Labor, and Pensions.
           By Mr. SMITH of New Hampshire (for himself and Mr. 
             Allard):
       S. 1263. A bill to amend title XVIII of the Social Security 
     Act to establish a voluntary Medicare Prescription Drug Plan 
     under which eligible medicare beneficiaries may elect to 
     receive coverage under the Rx Option for outpatient 
     prescription drugs and a combined deductible; to the 
     Committee on Finance.
           By Ms. COLLINS (for herself and Ms. Snowe):
       S. 1264. A bill to require the conveyance of a petroleum 
     terminal serving former Loring Air Force Base and Bangor Air 
     National Guard Base, Maine; to the Committee on Armed 
     Services.
           By Mr. DURBIN (for himself, Mr. Kennedy, Mr. Reid, Mr. 
             Dodd, Mr. Wellstone, Mr. Corzine, and Mr. Feingold):
       S. 1265. A bill to amend the Immigration and Nationality 
     Act to require the Attorney General to cancel the removal and 
     adjust the status of certain aliens who were brought to the 
     United States as children; to the Committee on the Judiciary.
           By Mrs. CLINTON (for herself, Mr. Schumer, Mr. Corzine, 
             Mr. Torricelli, and Mr. Levin):
       S. 1266. A bill to amend title XXI of the Social Security 
     Act to expand the provision of child health assistance to 
     children with family income up to 300 percent of poverty; to 
     the Committee on Finance.
           By Mr. CRAPO (for himself, Mr. Lugar, Mr. Roberts, and 
             Mr. Hutchinson):
       S. 1267. A bill to extend and improve conservation programs 
     administered by the Secretary of Agriculture; to the 
     Committee on Agriculture, Nutrition, and Forestry.
           By Mr. SMITH of New Hampshire:
       S. 1268. A bill to amend the Internal Revenue Code of 1986 
     to allow a deduction for real property taxes whether or not 
     the taxpayer itemizes other deductions; to the Committee on 
     Finance.

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