John McCain

Mr. MCCAIN

Mr. MCCAIN. Mr. President, I ask unanimous consent that the Committee on Health, Education, Labor, and Pensions be authorized to meet for a hearing on: Making Patient Privacy A Reality: Does The Final HHS Regulation Get The Job Done? during the session of the Senate on Thursday, February 8, 2001, at 9:30 a.m.

Mr. MCCAIN. Mr. President, I ask unanimous consent that the Committee on the Judiciary be authorized to meet to conduct a hearing on Thursday, February 8, 2001, at 10:00 a.m., in Dirksen 226.

Mr. McCAIN

Mr. McCAIN. Mr. President, I have an amendment on behalf of Senator Reed of Rhode Island. I send it to the desk and ask for its immediate consideration.

Mr. McCAIN. Mr. President, I yield the floor.

Mr. McCAIN. Mr. President, I ask unanimous consent that the reading of the amendment be dispensed with.

Mr. McCAIN

Mr. McCAIN. Mr. President, I ask unanimous consent that the text of S. 283 and S. 284 be printed in the Record.

Mr. McCAIN

Mr. McCAIN. Mr. President, I am pleased the Senate will vote today to release $582 million in U.S. arrearages to the United Nations. In 1999, Congress mandated a series of reform benchmarks for the United Nations to meet in order for the United States to release funds we were withholding. One requirement related to reform of the scales for peacekeeping assessments by member nations, which were created in 1973 to fund the Sinai mission and have been in place ever since. As we move today to release the so-called Tranche II funds for the U.N. under the terms of the Helms-Biden law, I commend my colleagues for their work on this issue and note the efforts of Ambassador Richard Holbrooke and the American mission to the United Nations that made this progress possible. Over the years, the United Nations and its subsidiary bodies have supported U.S. humanitarian interests in a number of ways, performed peacekeeping missions important to the security of our nation and our allies, and provided a useful forum for developing consensus among nations, as demonstrated by former President Bush's extraordinarily successful coalition-building to repel Saddam Hussein's 1990 invasion of Kuwait. But U.N. accomplishments cannot hide the fact that the U.N. bureaucracy must be totally reformed from top to bottom. As Ambassador Holbrooke recently told the Foreign Relations Committee, ``I leave my position as confident as ever that the United Nations remains absolutely indispensable to American foreign policy. . . . But at the same time, I am even more convinced that the U.N. is deeply flawed, and that we must fix it to save it.'' Our vote today to pay $582 million in U.S. arrearages reflects this philosophy. I expect close Congressional scrutiny of United Nations operations and administration to spur additional and much-needed reforms. And I look forward to a continuing debate in this body over the level of U.S. contributions for U.N. peacekeeping, which requires additional review and may call for further Congressional action.

Mr. McCAIN

Mr. McCAIN. Mr. President, I ask unanimous consent that the text of S. 283 and S. 284 be printed in the Record.

Mr. McCAIN

Mr. McCAIN. I thank the majority leader and I appreciate his willingness to work with me on this important issue. Again, I believe that we have reached a fair and balanced agreement.

Mr. McCAIN. Mr. President, I thank the majority leader and the Democratic leader, without whose strenuous efforts we would not have been able to enter into this unanimous consent agreement. I want to make one thing clear: This campaign finance reform will be before the Senate bumping up against the April recess. I hope we can devote every effort to get that done in the final 2 weeks before the April recess. It would be very good if we could, over a 2-week period, dispose of amendments and move to final passage. It is critical that we do that. Perhaps, if necessary, we could even delay the recess, something that none of us like, but we really don't want to have this issue clouding the legislative agenda for the rest of the year. I thank Senator Lott and Senator Daschle, but I do want to point out, I do insist that we get a final vote on this issue. We really need to have it disposed of finally. I know Senator Daschle and Senator Lott appreciate that. If there is a filibuster, in other words, just a loading up of amendments, whether they be extraneous or not, but basically covering the same ground, I will be the first to condemn that, and I know that my friend from Wisconsin feels the same way. There are a number of issues that need to be addressed, but we will know if it is becoming extraneous and just a delaying tactic. Then we will have to make our decisions as to what our options are. We owe it to the American people, and we owe it to the Members of this body who have been involved in this issue for so long to bring this issue to conclusion. I ask unanimous consent that a colloquy between myself and Senator Lott be printed in the Record.

Mr. McCAIN. I thank the majority leader for working with me on this agreement. I believe that it accommodates my desire to have a full and open debate early, while ensuring that the leader has the opportunity to move important bills prior to its consideration.

Mr. McCAIN. It is important that there is a full and open debate on campaign reform. I am pleased that the majority leader has agreed to use S. 27, the McCain-Feingold bill, as the legislation that will be considered by the Senate.

Mr. McCAIN. I appreciate the majority leader's assurances that all amendments will be considered by the Senate. It is also my intention to let the will of the Senate prevail. I share the majority leader's intention that all amendments be fairly considered and voted on prior to final passage, and I agree that a wrap around amendment would be a show of bad faith. I will work with the majority leader to ensure that all amendments are voted on and the bill is ready for final action within the 2 weeks that the leader anticipates. In order to facilitate this, it would be my hope and expectation that the bill would not be filibustered.

Mr. McCAIN

Mr. McCAIN. Mr. President, today, we celebrate the birthday of a giant, Ronald Reagan. America is indebted to President Reagan for reviving our national spirit and ensuring that we prevailed in that ``long twilight struggle'' against soviet totalitarianism. His leadership not only revitalized our economy, but gave us a rebirth of patriotism and national greatness. My fellow Vietnam Prisoners of War share a special affection for Ronald Reagan. Word of his steadfastness against aggression even reached us in our cells thousands of miles away from freedom. When we were released, he befriended and supported us. He understood and appreciated the ``noble cause'' for which so many brave Americans made the ultimate sacrifice. Today, America enjoys unprecedented peace and prosperity largely due to the policies of Ronald Reagan. So, to celebrate your 90th birthday, we salute you President Reagan, a brave soldier in the battle for freedom.

Mr. McCAIN

Mr. McCAIN. Mr. President, I rise today to pay homage to Howard Billiman, Jr., a decorated war hero, proud father and grandfather, and loyal servant of this country. It is with profound sympathy and respect that I commemorate the passing of this honorable man. He exemplified the true spirit of an American hero, humbly willing to place his loyalty to this country before his own life. Howard will be remembered as one of the celebrated Navajo Code Talkers of World War II, a dedicated Marine of the 2nd Marine Division who answered his country's call to duty and served with distinction. In reflection of his life, Howard's family has said that he never forgot his roots, beginning in the small town of Buell Park, Arizona. He grew up in a small town, attending schools at Ft. Defiance and Ft. Wingate, hardly known by most outsiders. Howard, at the young age of 16, voluntarily enlisted in the Marine Corps, leaving behind his family, town, and childhood. He would face trials that would change his life forever. As one of 420 Navajos selected by the military, Howard quickly excelled, and was appointed as one of the first instructors of the Navajo Code Talkers. With other young Navajos, Howard helped to create an unbreakable code that baffled the Japanese. Military experts now estimate that these code-talking efforts shortened the war in the Pacific by at least one year--and some have even speculated that the war may have turned out differently, had it not been for their heroic deeds. During World War II, Howard participated in every campaign of the 2nd Marine Division including the invasions of Saipan, Tinian, the Battle of Okinawa, and the occupation of Japan at Nagasaki. Howard did not seek credit nor praise, but quietly and modestly amassed a memorable record of brave acts and passionate service to his country and family. As a tribute for his valiant service, Howard received numerous awards and honors including the Marine Corps Good Conduct Medal, a Presidential Unit Citation with Star for Combat Action at Tarawa, the Navy/Marine Corps Occupation service Medal, and the Purple Heart for wounds received in combat. He was honorably discharged as a Corporal on January 18, 1946. After returning to the Navajo reservation, Howard settled down at Buell Park and then Sawmill, where he raised 10 children with his spouse, Mary Louise. He later became a proud grandfather of 42 grandchildren. In later years, as a member of the Navajo Code-Talkers Association, Howard received several more awards during travels with the group to Philadelphia and Washington, D.C. He was the last surviving original Navajo Code Instructor. Until recently, the American public was not aware of the tremendous sacrifice and contribution of Howard and other Code Talkers. Without the Navajo Code Talkers, one can only imagine what tragedies might have occurred at that pivotal time in history. As Americans, we owe a debt of gratitude to the sacrifices of selfless patriots like Howard whose noble service teaches us valuable lessons of duty and honor. Howard Billiman, Jr. will be missed by his family and friends, but his remarkable courage and patriotism will be long remembered by his country.

Mr. McCAIN

Mr. McCAIN. Mr. President, I am renewing my efforts to provide innovative solutions to address urgently needed repairs and enhancements at our nation's parks. The legislation I am introducing today is identical to the bill I sponsored in prior congresses, which received substantial support from many of the organizations supporting the National Parks system. I thank my colleague, Representative Kolbe, for introducing companion legislation in the House of Representatives. The National Parks Capital Improvements Act of 2001 would help secure taxable revenue bonding authority for National Parks. This legislation would allow private fundraising organizations to enter into agreements with the Secretary of Interior to issue taxable capital development bonds. Bond revenues would then be used to finance park improvement projects. The bonds would be secured by an entrance fee surcharge of up to $2 per visitor at participating parks, or a set-aside of up to $2 per visitor from current entrance fees. Our national park system has enormous capital needs--which by last estimate ranges from $3 to 5 billion--for high-priority projects such as improved transportation systems, trail repairs, visitor facilities, historic preservation, and the list goes on and on. The unfortunate reality is that even under the rosiest budget scenarios, our growing park needs far outstrip the resources currently available. Parks are still struggling to address enormous resource and infrastructure needs while seeking to improve the park experience to accommodate the increasing numbers of visitors to recreation sites. Revenue bonding would take us a long way toward meeting our needs within the national park system. For example, based on current visitation rates at the Grand Canyon, a $2 surcharge would enable us to raise $100 million from a bond issue amortized over 20 years. That is a significant amount of money which we could use to accomplish many critical park projects. Let me emphasize, however, the Grand Canyon National Park would not be the only park eligible to benefit from this legislation. Any park unit with capital needs in excess of $5 million is eligible to participate. Among eligible parks, the Secretary of Interior will determine which may take part in the program. I also want to stress that only projects approved as part of a park's general management plan can be funded through bond revenue. This proviso eliminates any concern that the revenue could be used for projects of questionable value to the park. In addition, only organizations under agreement with the Secretary of Interior will be authorized to administer the bonding, so the Secretary can establish any rules or policies determined necessary and appropriate. Under no circumstances, however, would investors be able to attach liens against Federal property in the very unlikely event of default. The bonds will be secured only by the surcharge revenues. Finally, the bill specifies that all professional standards apply and that the issues are subject to the same laws, rules, and regulatory enforcement procedures as any other bond issue. The most obvious question raised by this legislation is: Will the bond markets support park improvement issues, guaranteed by an entrance surcharge? The answer is an emphatic yes. Bonding is a well-tested tool for the private sector. Additionally, Americans are eager to invest in our Nation's natural heritage, and with park visitation growing stronger, the risks appear minimal. Are park visitors willing to pay a little more at the entrance gate if the money is used for park improvements? Again, I believe the answer is yes. Time and time again, visitors have expressed their support for increased fees provided that the revenue is used where collected and not diverted for some other purpose devised by Congress. In recent surveys by the National Park Service, nearly 83 percent of participating respondents were comfortable in paying such fees for park purposes and other respondents thought the fees too low. With the recreational fee program currently being implemented at parks around the Nation, an additional $2 surcharge may not be necessary or appropriate at certain parks. Under the bill, those parks could choose to dedicate $2 per park visitor from current entrance fees toward a bond issue. This legislation can easily compliment the recreational fee program to increase benefits to support our parks and increase the quality of America's park experience well into the future. I look forward to working with my colleagues and National Parks supporters to ensure passage of this legislation. I ask unanimous consent that the text of the bill be printed in the Record.

Mr. McCAIN

Mr. McCAIN. Mr. President, today's unanimous verdict by a Scottish court convicting a Libyan intelligence agent of murder in the 1988 bombing of Pan Am Flight 103 over Lockerbie concludes an exhaustive terrorism trial that clearly exposed Libyan state sponsorship of the mass murder of 270 individuals, including 189 Americans. A second Libyan charged with the same offense was acquitted. Although no verdict can compensate the victims' loved ones for their loss, the life sentence handed down to Libyan intelligence agent Abdel Basset Ali al- Megrahi represents a first step for the families, the prosecution, and the Western nations that supported bringing the Libyans to justice. Nonetheless, the trial's conclusion must not obscure the task ahead: holding Libya accountable for full compliance with the U.N. Security Council resolutions governing the sanctions regime against that country. These resolutions mandate that, before sanctions can be lifted, Libya must (1) Cease all forms of terrorism; (2) Disclose all information about the Lockerbie bombing; (3) Accept responsibility for the actions of Libyan officials; (4) Pay appropriate compensation to the victims' families; and (5) Cooperate with the French investigation into the 1989 bombing of UTA Flight 772 over Niger. Full Libyan compliance with the U.N. resolutions must be the standard for terminating the sanctions, which are believed by many experts to be responsible for the significant decline in Libya's sponsorship of terrorism overseas. Of perhaps more immediate importance to the United States is the question of the separate U.S. sanctions currently in place against Libya, primarily as a consequence of its sponsorship of state terrorism. True, Libya did hand over the Lockerbie defendants in 1999 and expel the Abu Nidal terrorist organization from its territory in 1998. The Libyan government has also seemingly reduced its contacts with radical Palestinian organizations espousing violence against Israel. In 1999, after the conviction in absentia of six Libyans by a French court for the UTA 772 bombing, Libya compensated the families of the 171 victims. However, it has not turned over the convicted individuals for trial or acknowledged responsibility. In addition to the issue of terrorism, the United States must consider Libya's covert and sometimes armed intervention in the affairs of other African nations, including Chad, Sudan, and Sierra Leone, as well as Libya's continuing development of weapons of mass destruction. Libya used chemical weapons acquired from Iran against Chad in 1986 and has constructed chemical weapons facilities at Rabta and Tarhunah. According to the Congressional Research Service, Libya tried to buy nuclear weapons or components from China in 1975, India in 1978, Pakistan in 1980, the Soviet Union in 1981, Argentina in 1983, Brazil in 1984, and Belgium in 1985. The United Kingdom accused Libya of smuggling Chinese Scud missiles through Gatwick Airport in 2000. The Pentagon believes China has provided missile technology training to Libyan workers. While I applaud the Lockerbie verdict, I believe any consequent American policy changes toward Libya must take into account its possession of chemical and potentially nuclear weapons, its compliance with existing U.N Security Council mandates on the Lockerbie and UTA bombings, and any residual support for state terrorism. If Libya truly wishes to enter the ranks of law-abiding nations, with the economic and diplomatic benefits such status affords, it must satisfy the international community's concerns on these issues.

Mr. McCAIN

Mr. McCAIN. Mr. President, I am renewing my efforts to provide innovative solutions to address urgently needed repairs and enhancements at our nation's parks. The legislation I am introducing today is identical to the bill I sponsored in prior congresses, which received substantial support from many of the organizations supporting the National Parks system. I thank my colleague, Representative Kolbe, for introducing companion legislation in the House of Representatives. The National Parks Capital Improvements Act of 2001 would help secure taxable revenue bonding authority for National Parks. This legislation would allow private fundraising organizations to enter into agreements with the Secretary of Interior to issue taxable capital development bonds. Bond revenues would then be used to finance park improvement projects. The bonds would be secured by an entrance fee surcharge of up to $2 per visitor at participating parks, or a set-aside of up to $2 per visitor from current entrance fees. Our national park system has enormous capital needs--which by last estimate ranges from $3 to 5 billion--for high-priority projects such as improved transportation systems, trail repairs, visitor facilities, historic preservation, and the list goes on and on. The unfortunate reality is that even under the rosiest budget scenarios, our growing park needs far outstrip the resources currently available. Parks are still struggling to address enormous resource and infrastructure needs while seeking to improve the park experience to accommodate the increasing numbers of visitors to recreation sites. Revenue bonding would take us a long way toward meeting our needs within the national park system. For example, based on current visitation rates at the Grand Canyon, a $2 surcharge would enable us to raise $100 million from a bond issue amortized over 20 years. That is a significant amount of money which we could use to accomplish many critical park projects. Let me emphasize, however, the Grand Canyon National Park would not be the only park eligible to benefit from this legislation. Any park unit with capital needs in excess of $5 million is eligible to participate. Among eligible parks, the Secretary of Interior will determine which may take part in the program. I also want to stress that only projects approved as part of a park's general management plan can be funded through bond revenue. This proviso eliminates any concern that the revenue could be used for projects of questionable value to the park. In addition, only organizations under agreement with the Secretary of Interior will be authorized to administer the bonding, so the Secretary can establish any rules or policies determined necessary and appropriate. Under no circumstances, however, would investors be able to attach liens against Federal property in the very unlikely event of default. The bonds will be secured only by the surcharge revenues. Finally, the bill specifies that all professional standards apply and that the issues are subject to the same laws, rules, and regulatory enforcement procedures as any other bond issue. The most obvious question raised by this legislation is: Will the bond markets support park improvement issues, guaranteed by an entrance surcharge? The answer is an emphatic yes. Bonding is a well-tested tool for the private sector. Additionally, Americans are eager to invest in our Nation's natural heritage, and with park visitation growing stronger, the risks appear minimal. Are park visitors willing to pay a little more at the entrance gate if the money is used for park improvements? Again, I believe the answer is yes. Time and time again, visitors have expressed their support for increased fees provided that the revenue is used where collected and not diverted for some other purpose devised by Congress. In recent surveys by the National Park Service, nearly 83 percent of participating respondents were comfortable in paying such fees for park purposes and other respondents thought the fees too low. With the recreational fee program currently being implemented at parks around the Nation, an additional $2 surcharge may not be necessary or appropriate at certain parks. Under the bill, those parks could choose to dedicate $2 per park visitor from current entrance fees toward a bond issue. This legislation can easily compliment the recreational fee program to increase benefits to support our parks and increase the quality of America's park experience well into the future. I look forward to working with my colleagues and National Parks supporters to ensure passage of this legislation. I ask unanimous consent that the text of the bill be printed in the Record.

Mr. McCAIN

Mr. McCAIN. Mr. President, I rise to introduce legislation to designate the Director of the Indian Health Service as an Assistant Secretary for Indian Health within the Department of Health and Human Services. My colleagues, Senators Inouye, Conrad, Daschle and Campbell are joining me in this effort as original co-sponsors. I am pleased to note that Congressman Nethercutt from Washington will introduce companion legislation on the House side. The purpose of this legislation is simple. It will redesignate the current Director of the Indian Health Service, IHS, as a new Assistant Secretary within the Department of Health and Human Services to be responsible for Indian health policy and budgetary matters. As the primary health care delivery system, the Indian Health Service is the principal advocate for Indian health care needs, both on the reservation level and for urban populations. More than 1.5 million Indian people are served every year by the IHS. At its current capacity, the IHS estimates that it can only meet about 60 percent of tribal health care needs. The IHS will continue to be challenged by a growing Indian population as well as an increasing disparity between the health status of Indian people as compared to other Americans. Thousands of Indian people continue to suffer from the worst imaginable health care conditions in Indian country--from diabetes to cancer to infant mortality. In nearly every category, the health status of Native Americans falls far below the national standard. The purpose of this bill is to respond to the desire by Indian people for a stronger leadership and policy role within the primary health care agency, the Department of Health and Human Services. The Assistant Secretary for Indian Health will ensure that critical policy and budgetary decisions will be made with the full involvement and consultation of not only the Indian Health Service, but also the direct involvement of the Tribal governments. This legislation is long overdue in bringing focus and national attention to the health care status of Indian people and fulfilling the federal trust responsibility toward Indian tribes. Implementation of this bill is intended to support the long-standing policies of Indian self-determination and tribal self-governance and assist Indian tribes who are making positive strides in providing direct health care to their own communities. Tribal communities are in dire need of a senior policy official who is knowledgeable about the programs administered by the IHS and who can provide the leadership for the health care needs of American Indians and Alaska Natives. We continue to pursue passage of this legislation as many believe that the priority of Indian health issues within the Department should be raised to the highest levels within our federal government. I look forward to working with my colleagues on both sides of the aisle and the new Administration to ensure prompt passage of this legislation. I ask unanimous consent that the full text of this bill be included in the Record.

Mr. McCAIN

Mr. McCAIN. Mr. President, I rise to introduce legislation to designate the Director of the Indian Health Service as an Assistant Secretary for Indian Health within the Department of Health and Human Services. My colleagues, Senators Inouye, Conrad, Daschle and Campbell are joining me in this effort as original co-sponsors. I am pleased to note that Congressman Nethercutt from Washington will introduce companion legislation on the House side. The purpose of this legislation is simple. It will redesignate the current Director of the Indian Health Service, IHS, as a new Assistant Secretary within the Department of Health and Human Services to be responsible for Indian health policy and budgetary matters. As the primary health care delivery system, the Indian Health Service is the principal advocate for Indian health care needs, both on the reservation level and for urban populations. More than 1.5 million Indian people are served every year by the IHS. At its current capacity, the IHS estimates that it can only meet about 60 percent of tribal health care needs. The IHS will continue to be challenged by a growing Indian population as well as an increasing disparity between the health status of Indian people as compared to other Americans. Thousands of Indian people continue to suffer from the worst imaginable health care conditions in Indian country--from diabetes to cancer to infant mortality. In nearly every category, the health status of Native Americans falls far below the national standard. The purpose of this bill is to respond to the desire by Indian people for a stronger leadership and policy role within the primary health care agency, the Department of Health and Human Services. The Assistant Secretary for Indian Health will ensure that critical policy and budgetary decisions will be made with the full involvement and consultation of not only the Indian Health Service, but also the direct involvement of the Tribal governments. This legislation is long overdue in bringing focus and national attention to the health care status of Indian people and fulfilling the federal trust responsibility toward Indian tribes. Implementation of this bill is intended to support the long-standing policies of Indian self-determination and tribal self-governance and assist Indian tribes who are making positive strides in providing direct health care to their own communities. Tribal communities are in dire need of a senior policy official who is knowledgeable about the programs administered by the IHS and who can provide the leadership for the health care needs of American Indians and Alaska Natives. We continue to pursue passage of this legislation as many believe that the priority of Indian health issues within the Department should be raised to the highest levels within our federal government. I look forward to working with my colleagues on both sides of the aisle and the new Administration to ensure prompt passage of this legislation. I ask unanimous consent that the full text of this bill be included in the Record.

Mr. McCAIN

Mr. McCAIN. Mr. President, I rise today in support of legislation Senator Kyl and I are introducing with a number of our border-state colleagues to provide appropriate Federal reimbursement to states and localities whose budgets are disproportionately affected by the costs associated with illegal immigration. The premise of our bill, and of current law governing this type of federal reimbursement to the states, is that controlling illegal immigration is principally the responsibility of the Federal government, not the states. Our legislation would expand the amount and scope of federal funding to the states for incarceration and medical costs that arise from the detention or treatment of illegal immigrants. Such funding currently flows to all 50 states, the District of Columbia, and several U.S. territories. In Fiscal Year 2000, approximately 360 local jurisdictions across the United States applied for these Federal monies. Although our bill gives special consideration to border States and States with unusually high concentrations of illegal aliens in residence, it would benefit communities across the nation. It deserves the Senate's prompt consideration and approval. Many of my colleagues are probably not aware that the Federal Government, under the existing State Criminal Alien Assistance Program, SCAAP, reimburses states and counties burdened by illegal immigration for less than 40 percent of eligible alien incarceration costs. Many border counties estimate that between one-quarter and one-third of their criminal justice budgets are spent processing criminal aliens. In my State of Arizona, Santa Cruz County spent 33 percent of its total criminal justice budget in Fiscal Year 1999 to process criminal illegal aliens, of which over half was not reimbursed by the Federal Government. Arizona's Cochise County spent roughly 32 percent of its total law enforcement and criminal justice budget to apprehend and process criminal illegal aliens but received Federal payments to cover fewer than half of these costs. Similar shortfalls in Federal funding plague states and counties all along our border with Mexico. The legislation we are introducing today would actually expand the State Criminal Alien Assistance Program by authorizing funding for state and local needs that currently go unmet. Although states receive Federal reimbursement for part of the cost of incarcerating illegal adult aliens, the Federal Government does not reimburse states or units of local government for expenditures for illegal juvenile aliens. Nor does it reimburse states and localities for costs associated with processing criminal illegal aliens, including court costs, county attorney costs, costs for criminal proceedings that do not involve going to trial, indigent defense costs, and unsupervised probation costs. Our legislation would authorize the Federal Government to reimburse such costs to States and localities that suffer a substantially disproportionate share of the impact of criminal illegal aliens on their law enforcement and criminal justice systems. It would also authorize additional Federal reimbursement for emergency health services furnished by states and localities to undocumented aliens. Reimbursement to States and localities for criminal alien incarceration is woefully underfunded according to the existing limited criteria for SCAAP, which do not take into account the full detention and processing costs for illegal aliens. Nor does the existing SCAAP provide necessary support to local communities for the cost of emergency care for illegal immigrants, a growing problem in the Southwest, and one exacerbated by the increasingly desperate measures taken by undocumented aliens to cross our border with Mexico. Our legislation thus authorizes the expansion of SCAAP to cover costs wrongly borne by local communities under current law--costs which are a Federal responsibility and should not be shirked by those in Washington. As my colleagues know, illegal immigrants who successfully transit our Southwest border rapidly disperse throughout the United States. That SCAAP funds flow to all 50 States reflects the pressures such aliens place on public services around the country. I hope the Senate will act expeditiously on this important legislation to alleviate those pressures by compensating state and local units for the costs they incur as unwitting hosts to undocumented aliens, even as we continue to fund border enforcement measures to reduce the flow of illegal immigrants into this country.

Mr. McCAIN

Mr. McCAIN. Mr. President, I rise today in support of legislation Senator Kyl and I are introducing with a number of our border-state colleagues to provide appropriate Federal reimbursement to states and localities whose budgets are disproportionately affected by the costs associated with illegal immigration. The premise of our bill, and of current law governing this type of federal reimbursement to the states, is that controlling illegal immigration is principally the responsibility of the Federal government, not the states. Our legislation would expand the amount and scope of federal funding to the states for incarceration and medical costs that arise from the detention or treatment of illegal immigrants. Such funding currently flows to all 50 states, the District of Columbia, and several U.S. territories. In Fiscal Year 2000, approximately 360 local jurisdictions across the United States applied for these Federal monies. Although our bill gives special consideration to border States and States with unusually high concentrations of illegal aliens in residence, it would benefit communities across the nation. It deserves the Senate's prompt consideration and approval. Many of my colleagues are probably not aware that the Federal Government, under the existing State Criminal Alien Assistance Program, SCAAP, reimburses states and counties burdened by illegal immigration for less than 40 percent of eligible alien incarceration costs. Many border counties estimate that between one-quarter and one-third of their criminal justice budgets are spent processing criminal aliens. In my State of Arizona, Santa Cruz County spent 33 percent of its total criminal justice budget in Fiscal Year 1999 to process criminal illegal aliens, of which over half was not reimbursed by the Federal Government. Arizona's Cochise County spent roughly 32 percent of its total law enforcement and criminal justice budget to apprehend and process criminal illegal aliens but received Federal payments to cover fewer than half of these costs. Similar shortfalls in Federal funding plague states and counties all along our border with Mexico. The legislation we are introducing today would actually expand the State Criminal Alien Assistance Program by authorizing funding for state and local needs that currently go unmet. Although states receive Federal reimbursement for part of the cost of incarcerating illegal adult aliens, the Federal Government does not reimburse states or units of local government for expenditures for illegal juvenile aliens. Nor does it reimburse states and localities for costs associated with processing criminal illegal aliens, including court costs, county attorney costs, costs for criminal proceedings that do not involve going to trial, indigent defense costs, and unsupervised probation costs. Our legislation would authorize the Federal Government to reimburse such costs to States and localities that suffer a substantially disproportionate share of the impact of criminal illegal aliens on their law enforcement and criminal justice systems. It would also authorize additional Federal reimbursement for emergency health services furnished by states and localities to undocumented aliens. Reimbursement to States and localities for criminal alien incarceration is woefully underfunded according to the existing limited criteria for SCAAP, which do not take into account the full detention and processing costs for illegal aliens. Nor does the existing SCAAP provide necessary support to local communities for the cost of emergency care for illegal immigrants, a growing problem in the Southwest, and one exacerbated by the increasingly desperate measures taken by undocumented aliens to cross our border with Mexico. Our legislation thus authorizes the expansion of SCAAP to cover costs wrongly borne by local communities under current law--costs which are a Federal responsibility and should not be shirked by those in Washington. As my colleagues know, illegal immigrants who successfully transit our Southwest border rapidly disperse throughout the United States. That SCAAP funds flow to all 50 States reflects the pressures such aliens place on public services around the country. I hope the Senate will act expeditiously on this important legislation to alleviate those pressures by compensating state and local units for the costs they incur as unwitting hosts to undocumented aliens, even as we continue to fund border enforcement measures to reduce the flow of illegal immigrants into this country.

Mr. McCAIN

Mr. McCAIN. Mr. President, today I am introducing the Pipeline Safety Improvement Act of 2001. I am very pleased to be joined in sponsoring this important transportation safety legislation by Senators Murray, Hollings, Hutchison, Bingaman, Domenici, and Breaux. This bill, which is identical to the measure approved unanimously by the Senate last year but which failed to be sent to the President, is being introduced today to demonstrate our strong, continued commitment to improving pipeline transportation safety. We urge our colleagues to join us in our efforts to help remedy identified safety problems and improve pipeline safety for all Americans. As most of my colleagues well know, the Senate worked long and hard during the last Congress to produce comprehensive pipeline safety legislation. As a result of our bipartisan efforts, we unanimously approved pipeline safety improvement legislation last September. Unfortunately, the House failed to approve a pipeline safety measure and the Congress thus failed in its efforts to improve pipeline safety. As a result, the unacceptable status quo under which at least 16 fatalities have occurred remains the law of the land. I am hopeful that this new Congress will act quickly to take the overdue action necessary to improve pipeline safety before any more lives are lost. Mr. President, let me be clear from the outset that I continue to support passage of the strongest pipeline safety bill possible. As such, I will be very eager to receive safety improvement recommendations from the new Administration. Indeed, I look forward to working with the Administration, the House of Representatives, safety advocates, industry and other concerned citizens to advance a sound legislative proposal that can be signed into law. Although pipeline safety legislation was not enacted last year as we had hoped, the President did issue an executive order requiring a number of safety actions by pipeline operators. Further, the Department of Transportation (DOT) also issued a number of regulations during the past few months. The Administration's actions will be carefully considered by the Commerce Committee and we will work to ensure our legislation reflects the Administration's actions, as appropriate, as we advance the legislation to the full Senate. The following highlights some of the major provisions of the legislation we are reintroducing today: The bill would require the implementation of pipeline safety recommendations issued last March by the Department of Transportation Inspector General to the Research and Special Programs Administration (RSPA). The legislation would statutorily require the Secretary of Transportation, the RSPA Administrator and the Director of the Office of Pipeline Safety to respond to NTSB pipeline safety recommendations within 90 days of receipt. The bill would require pipeline operators to submit to the Secretary of Transportation a plan designed to improve the qualifications for pipeline personnel. At a minimum, the qualification plan would have to demonstrate that pipeline employees have the necessary knowledge to safely and properly perform their assigned duties and would require testing and periodic reexamination of the employees' qualifications. The legislation would require DOT to issue regulations mandating pipeline operators to periodically determine the adequacy of their pipelines to safely operate and to implement integrity management programs to reduce those identified risks. The regulations would, at a minimum, require operators to: base their integrity management plans on risk assessments that they conduct; periodically assess the integrity of their pipelines; and, take steps to prevent and mitigate unintended releases, such as improving leak detection capabilities or installing restrictive flow devices. The bill also would require pipeline operators to carry out a continuing public education program that would include activities to advise municipalities, school districts, businesses, and residents of pipeline facility locations on a variety of pipeline safety-related matters. It would also direct pipeline operators to initiate and maintain communication with State emergency response commissions and local emergency planning committees and to share with these entities information critical to addressing pipeline safety issues, including information on the types of product transported and efforts by the operator to mitigate safety risks. The legislation directs the Secretary to develop and implement a comprehensive plan for the collection and use of pipeline data in a manner that would enable incident trend analysis and evaluations of operator performance. Operators would be required to report incident releases greater than five gallons, compared to the current reporting requirement of 42 gallons. In addition, the Secretary would be directed to establish a national depository of data to be administered by the Bureau of Transportation Statistics in cooperation with RSPA. Given the critical importance of technology applications in promoting transportation safety across all modes of transportation, the legislation directs the Secretary to include as part of the Department's research and development (R&D) efforts a focus on technologies to improve pipelines safety, such as through internal inspection devices and leak detection. Further, the legislation includes provisions advanced last year by Senator Bingaman, myself, and others, to provide for a collaborative R&D effort directed by the Department of Transportation with the assistance of the Department of Energy and the National Academy of Sciences. The bill provides for a three year authorization in funding for federal pipeline safety activities and the pipeline state grant program. The authorization levels in particular will be carefully reviewed as the bill proceeds through the legislation process. We must ensure sufficient funding is authorized to carry out critical pipeline safety activities and to advance research and development efforts. The legislation requires operators, in the event of an accident, to make available to the DOT or NTSB all records and information pertaining to the accident and to assist in the investigation to the extent reasonable. It also includes provisions to ensure that if an accident occurs, a review is carried out to ensure the operator's employees can safely perform their duties. Finally, to ensure pipeline employees are afforded the same whistle- blower protections as are provided to employees in other modes of transportation, the legislation includes protections for pipeline personnel, similar to those protections provided to aviation-related employees last year in the Wendell H. Ford Aviation and Investment Reform Act for the 21st Century, P.L. 106-181. Again Mr. President, I will be interested in receiving additional recommendations to further strengthen federal pipeline safety policy. I hope this Congress can act expeditiously to approve comprehensive pipeline safety legislation. We simply cannot afford another missed opportunity to address identified pipeline safety shortcomings. I ask unanimous consent that the text of the bill be printed in the Record.

Mr. McCAIN

Mr. McCAIN. I ask unanimous consent that the bill be left open for further cosponsors throughout the day.

Mr. McCAIN

Mr. McCAIN. Mr. President, today I am introducing the Pipeline Safety Improvement Act of 2001. I am very pleased to be joined in sponsoring this important transportation safety legislation by Senators Murray, Hollings, Hutchison, Bingaman, Domenici, and Breaux. This bill, which is identical to the measure approved unanimously by the Senate last year but which failed to be sent to the President, is being introduced today to demonstrate our strong, continued commitment to improving pipeline transportation safety. We urge our colleagues to join us in our efforts to help remedy identified safety problems and improve pipeline safety for all Americans. As most of my colleagues well know, the Senate worked long and hard during the last Congress to produce comprehensive pipeline safety legislation. As a result of our bipartisan efforts, we unanimously approved pipeline safety improvement legislation last September. Unfortunately, the House failed to approve a pipeline safety measure and the Congress thus failed in its efforts to improve pipeline safety. As a result, the unacceptable status quo under which at least 16 fatalities have occurred remains the law of the land. I am hopeful that this new Congress will act quickly to take the overdue action necessary to improve pipeline safety before any more lives are lost. Mr. President, let me be clear from the outset that I continue to support passage of the strongest pipeline safety bill possible. As such, I will be very eager to receive safety improvement recommendations from the new Administration. Indeed, I look forward to working with the Administration, the House of Representatives, safety advocates, industry and other concerned citizens to advance a sound legislative proposal that can be signed into law. Although pipeline safety legislation was not enacted last year as we had hoped, the President did issue an executive order requiring a number of safety actions by pipeline operators. Further, the Department of Transportation (DOT) also issued a number of regulations during the past few months. The Administration's actions will be carefully considered by the Commerce Committee and we will work to ensure our legislation reflects the Administration's actions, as appropriate, as we advance the legislation to the full Senate. The following highlights some of the major provisions of the legislation we are reintroducing today: The bill would require the implementation of pipeline safety recommendations issued last March by the Department of Transportation Inspector General to the Research and Special Programs Administration (RSPA). The legislation would statutorily require the Secretary of Transportation, the RSPA Administrator and the Director of the Office of Pipeline Safety to respond to NTSB pipeline safety recommendations within 90 days of receipt. The bill would require pipeline operators to submit to the Secretary of Transportation a plan designed to improve the qualifications for pipeline personnel. At a minimum, the qualification plan would have to demonstrate that pipeline employees have the necessary knowledge to safely and properly perform their assigned duties and would require testing and periodic reexamination of the employees' qualifications. The legislation would require DOT to issue regulations mandating pipeline operators to periodically determine the adequacy of their pipelines to safely operate and to implement integrity management programs to reduce those identified risks. The regulations would, at a minimum, require operators to: base their integrity management plans on risk assessments that they conduct; periodically assess the integrity of their pipelines; and, take steps to prevent and mitigate unintended releases, such as improving leak detection capabilities or installing restrictive flow devices. The bill also would require pipeline operators to carry out a continuing public education program that would include activities to advise municipalities, school districts, businesses, and residents of pipeline facility locations on a variety of pipeline safety-related matters. It would also direct pipeline operators to initiate and maintain communication with State emergency response commissions and local emergency planning committees and to share with these entities information critical to addressing pipeline safety issues, including information on the types of product transported and efforts by the operator to mitigate safety risks. The legislation directs the Secretary to develop and implement a comprehensive plan for the collection and use of pipeline data in a manner that would enable incident trend analysis and evaluations of operator performance. Operators would be required to report incident releases greater than five gallons, compared to the current reporting requirement of 42 gallons. In addition, the Secretary would be directed to establish a national depository of data to be administered by the Bureau of Transportation Statistics in cooperation with RSPA. Given the critical importance of technology applications in promoting transportation safety across all modes of transportation, the legislation directs the Secretary to include as part of the Department's research and development (R&D) efforts a focus on technologies to improve pipelines safety, such as through internal inspection devices and leak detection. Further, the legislation includes provisions advanced last year by Senator Bingaman, myself, and others, to provide for a collaborative R&D effort directed by the Department of Transportation with the assistance of the Department of Energy and the National Academy of Sciences. The bill provides for a three year authorization in funding for federal pipeline safety activities and the pipeline state grant program. The authorization levels in particular will be carefully reviewed as the bill proceeds through the legislation process. We must ensure sufficient funding is authorized to carry out critical pipeline safety activities and to advance research and development efforts. The legislation requires operators, in the event of an accident, to make available to the DOT or NTSB all records and information pertaining to the accident and to assist in the investigation to the extent reasonable. It also includes provisions to ensure that if an accident occurs, a review is carried out to ensure the operator's employees can safely perform their duties. Finally, to ensure pipeline employees are afforded the same whistle- blower protections as are provided to employees in other modes of transportation, the legislation includes protections for pipeline personnel, similar to those protections provided to aviation-related employees last year in the Wendell H. Ford Aviation and Investment Reform Act for the 21st Century, P.L. 106-181. Again Mr. President, I will be interested in receiving additional recommendations to further strengthen federal pipeline safety policy. I hope this Congress can act expeditiously to approve comprehensive pipeline safety legislation. We simply cannot afford another missed opportunity to address identified pipeline safety shortcomings. I ask unanimous consent that the text of the bill be printed in the Record.