E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 106 CONGRESS, SECOND SESSION

Vol. 146 WASHINGTON, TUESDAY, OCTOBER 3, 2000 No. 121 House of Representatives The House met at 9 a.m. BILL GOODLING is one of the finest ex- intendent, from a principal’s stand- f perts in education in the entire Nation. point, and from a Member of Congress’ No individual has had more of an im- standpoint. MORNING HOUR DEBATES pact on educational systems in this Na- So we are going to miss BILL GOOD- The SPEAKER. Pursuant to the tion than BILL GOODLING. He some- LING. BILL GOODLING has had a phe- order of the House of January 19, 1999, times gets in trouble because he says nomenal impact on our system itself. the Chair will now recognize Members what he thinks. He believes very Mr. Speaker, I yield to the gentleman from lists submitted by the majority strongly about local control of edu- from Pennsylvania (Mr. HOLDEN). and minority leaders for morning hour cation, and there are people who be- Mr. HOLDEN. Mr. Speaker, I thank debates. The Chair will alternate rec- lieve differently, and they disagree the gentleman from Pennsylvania (Mr. ognition between the parties, with each strongly with his opinion. But on the MURTHA) for yielding. party limited to not to exceed 25 min- other hand, we know where he stands. utes, and each Member, except the ma- I think in politics that is the thing Mr. Speaker, it is a great honor to be jority leader, the minority leader, or that is absolutely imperative to our here as we pay tribute to our retiring the minority whip, limited to 5 min- system, that somebody that knows colleague, BILL GOODLING. The gen- utes, but in no event shall debate ex- what they are talking about, has had tleman from Pennsylvania (Mr. MUR- tend beyond 9:50 a.m. experience in the field, can work hard THA) did a great job in elaborating on f at those kinds of things. how BILL GOODLING has been a leader in Education obviously is one of the education fights in this House as chair- TRIBUTE TO HON. WILLIAM GOOD- most important issues we take up in man for the past 6 years, and serving LING ON HIS RETIREMENT FROM the House. Normally, I do not talk very on that committee for 20-plus years. CONGRESS long on issues of defense because we But I want to say that BILL GOODLING The SPEAKER. Under the Speaker’s work things out. And I see the distin- has done much more than that. He announced policy of January 19, 1999, guished gentleman from California cares so deeply about all of his con- the gentleman from Pennsylvania (Mr. (Mr. LEWIS), the chairman of the Sub- stituents. I have the privilege of being MURTHA) is recognized during morning committee on Defense Appropriations, the only Pennsylvanian on the Com- hour debates for 5 minutes. here; and he and I do not take a lot of mittee on Agriculture. Agriculture is Mr. MURTHA. Mr. Speaker, this time on the floor. But it is hard not to the number one industry in the Com- morning I want to make some very speak for a long period of time for the monwealth of Pennsylvania and BILL complimentary remarks about the gen- gentleman from Pennsylvania (Mr. GOODLING’s district is rich with an ag- tleman from Pennsylvania (Mr. GOOD- GOODLING). ricultural history. I drive by it every LING). He is certainly the type of indi- He has been in the forefront of many, week on my drive to Washington. BILL vidual, if I had been in his class or in many battles; and he has won most of GOODLING has been a strong fighter for his school, I would have known exactly those battles. Even when he was in the his agriculture constituents, whether where he stood. He defends the system minority, he worked hard for local con- it be for fairer dairy prices for his dairy of education. He supported education, trol of schools, for adequate funding of farmers or whether it be the ability for and he supported the ideals of edu- schools to make sure that the Members all of our farmers to have access to cation: local control and strong dis- of Congress understood the system crop insurance, because we have such cipline. from a classroom, from a super- diverse agriculture in Pennsylvania, or

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. H8620 CONGRESSIONAL RECORD — HOUSE October 3, 2000 recently because of his fight against gressional time and real time, and ev- there called paddleball. Now, I was a plum pox virus. So many of his fruit eryone comes late.’’ And I said, ‘‘Why pretty serious handball player and, of growers were affected by that disease should you and I be punished on that?’’ course, a young whipper snapper com- and he fought long and hard to see that Ever since then, at 9:30 that meeting pared to George Goodling, so he asked his fruit growers were protected. starts and I appreciate that. me if I would play. I, in a rather conde- Mr. Speaker, I urge all of my col- Mr. GOODLING has a tremendous sense scending way, said sure. I thought it leagues to come forth and pay tribute of humor, and I do not know if people would be nice to get to know the old to our retiring Member who has done know that. Probably I like it so much gentleman, and so we played a game of such an outstanding job, Mr. GOODLING. because it reminds me of my sense of paddleball. Mr. MURTHA. Mr. Speaker, reclaim- humor. Sometimes it is dry. Some- Mr. Speaker, he beat me into the ing my time, I do not mean to say that times he is throwing out a sense of ground. He destroyed me. He humili- he was only interested in education, humor, and people do not even know ated me. He embarrassed me. That was because the park that was in his dis- what the laugh line is, but we do. my introduction to the Goodling fam- trict was absolutely essential to the Mr. Speaker, I want to say that my ily. Well, he retired, and I heard his son district and he handled that, with a lot respect for him over the years has been was going to come to Washington. I of divisions, he handled that so well. tremendous. He has spent his whole en- heard that, just as his father, he was an And the gentleman from Pennsylvania tire life in public service. He was a outstanding person. But I worried (Mr. GEKAS) knows that and I now school teacher. He was a principal. He about whether he was as good an ath- yield to him. was a superintendent. He was on the lete as his dad. I heard he had been a Mr. GEKAS. Mr. Speaker, I thank school board. He was in the PTA. football coach and an athlete himself, the gentleman from Pennsylvania for To me, that is public service. All of and I resolved right then that while I yielding. our teachers are in public service. But would do my best to become friends even though we sat on the committee Mr. Speaker, Congressman GOODLING with BILL GOODLING, I would never helped me in my first baby steps in the and sometimes we disagreed, he was al- under any circumstances play world of government and politics. In ways a gentleman. Always a gen- paddleball with him in the House gym. tleman, and I have always appreciated fact, Congressman GOODLING intro- Mr. Speaker, I have kept that resolve that. duced President Eisenhower, then re- over the years, and as a result, and per- I do not want anyone to think that tired President, General Eisenhower, to haps hopefully for other reasons as this guy is retiring. He is not. There is me at a rally in Harrisburg. So I have a lot of good years that he is going to well, we have remained good friends always been grateful to Congressman be out there, and I am sure he is going and neighbors in terms of parts of our GOODLING. to be knocking on our doors certainly district adjoining each other. Mr. Speaker, I am talking about If anybody in this body deserves the advocating for what he wants to advo- George Goodling. Now, George Good- title ‘‘Mr. Education,’’ it is BILL GOOD- cate. So this is not a retirement. It is ling was a role model for our incum- LING, because he has forgotten more not. It is another new journey for Mr. bent. Our incumbent took the best about education in America than most GOODLING, and we are going to miss qualities of his own father and trans- him. I am going to miss him. And I of us will ever know. And, of course, by ferred them to Washington as he rep- thank him for everything that he virtue of his service on the Committee resented his constituents, as everyone taught me. on Education and the Workforce, his in the world knows by now. When I did not understand some- becoming chairman of the committee, But one thing that is less known, ex- thing, he continued to be a teacher be- he has been in a position to do so many cept by the veterans on this floor like cause he explained things to me, and I good things for America, for Pennsyl- the gentleman from Pennsylvania (Mr. will always appreciate that. Mr. Speak- vania, and for his own congressional MURTHA), that he loved his dad. And he er, I wish the gentleman a good jour- district. did, in a wonderful way, emulate some ney; and I know we are still going to It is a great honor to salute BILL. In of the qualities of George Goodling. see him around. his first election, he was elected with I remember, for instance, that the f only 51 percent of the vote, a very, very first time I met the ‘‘Baby GOODLING,’’ tight election. But in his 13 straight the one we are honoring today, was at TO HONOR REPRESENTATIVE BILL terms, which I might emphasize is the one of the first picnics to which he GOODLING longest tenure for the 19th district in went as a candidate. There everyone The SPEAKER pro tempore (Mr. this century, he typically now captures knew that they were going to vote for SHERWOOD). Under the Speaker’s an- about 70 percent of the vote. BILL GOODLING, not just because of his nounced policy of January 19, 1999, the He served on the Committee on Edu- eminent qualifications as an educator gentleman from Pennsylvania (Mr. cation and the Workforce since his first but because of the educator, George SHUSTER) is recognized during morning term, becoming the ranking member in Goodling, the Congressman who pre- hour debates for 5 minutes. 1990, and chairman in 1994. He served ceded BILL GOODLING. Mr. SHUSTER. Mr. Speaker, it is with great distinction on the Com- We love BILL GOODLING. with mixed feelings that I rise today to mittee on International Relations, as Mr. MURTHA. Mr. Speaker, again re- honor our dear colleague, the gen- well as on the House Permanent Select claiming my time, I am pleased to tleman from Pennsylvania (Mr. GOOD- Committee where I had the great privi- yield to the gentlewoman from New LING). Mixed feelings because it is a lege of serving as both a member and York (Mrs. MCCARTHY). wonderful feeling to rise to honor him, as the ranking member. He also served Mrs. McCARTHY of New York. Mr. but a sad feeling to realize he is no on the House Budget Committee. Speaker, I am probably one of the longer going to be a Member of this Mr. Speaker, I think perhaps he and youngest Members that got to know body. I feel the same about the Committee on the gentleman from Pennsylvania (Mr. When I came here as a freshman, the Budget. I had the privilege of serv- GOODLING) 4 years ago when I first there was a rather secretive place ing on that committee as well, and it is came on the Committee on Education called the Botts committee. It was sort of like the story about the two and the Workforce. He and I would al- named the Botts committee after Herb happiest days in a boat owner’s life: ways be the first ones down there. If Botts, who was the manager of that the day he buys his boat and the day he the meeting was at 9:30, he and I were very secretive place called the House sells his boat. It was a great privilege there at 9:30. gymnasium. I went down there to see if to serve on the Committee on the This went on for a couple of com- it might be a good place to try to stay Budget and learn so much, but after mittee hearings, and I finally said to fit and get to know some of the Mem- being put through that wringer for 6 Mr. GOODLING, ‘‘Mr. GOODLING, how bers, and there I bumped into a gen- years, getting off of it was not exactly come you and I are the only ones here, tleman named George Goodling, BILL a negative experience. when you say that the committee hear- GOODLING’s father. BILL has been married to his wife, ings are going to be at 9:30?’’ He said, He was in his late 60s, early 70s, per- Hilda, forever. She’s a wonderful lady. ‘‘Carolyn, around here we have con- haps, and they had a sissy game down A wonderful lady. Two children, Todd, October 3, 2000 CONGRESSIONAL RECORD — HOUSE H8621 an architect, and Jennifer, who by the Mr. Speaker, it has been sweet work- fornia (Mr. LEWIS) is recognized during way which simply shows what athletic ing with BILL. BILL really believes in morning hour debates for 5 minutes. genes this family has, was a profes- education. He has educated me and the Mr. LEWIS of California. Mr. Speak- sional tennis player and is a phys ed. full committee that we should look for er, I could not help but notice as I instructor. In addition to all of his quality and results, and that has been walked in the Chambers that the gen- many talents, BILL enjoys singing and his theme all the way through his time tleman from Pennsylvania (Mr. MUR- he is also a pianist, a tremendous here. THA) was speaking and he talked about sports enthusiast, and he raises horses. On the Individuals with Disabilities our interest in national defense. He Since I also have been in the business Education Act, we have had no greater probably does not know that I entered of racing horses, I learned that if one champion in this House than BILL public affairs some years ago as a really wants to figure out how to get GOODLING, both on Committee on the member of a local school board, run- rid of what little money they have, the Budget and the Committee on Edu- ning for that school board largely be- thing to do is buy a race horse. Now, I cation and the Workforce. He finally cause at the time I had four children in hope BILL has had better luck than I put through this House a bill leading the public schools. have, but anyway we have mended our us to full funding of that 40 percent of Mr. Speaker, I must say that the job ways in the Shuster family and now extra cost of IDEA. that was being done for those kids and only have riding horses. The gentleman from California (Mr. with those kids at a local public ele- BILL is really a man for all seasons. MCKEON) and I and BILL GOODLING, we mentary school was truly just short of He is an intellectual, an athlete, a good worked together on I think the best fantastic, and I ran for the school family man, an educator, a distin- higher education bill that we have ever board in order to try to extend that guished American. And so it is my passed. It was a bipartisan bill and kind of local education in my local great privilege and my honor to take passed this House, I think, around 418 community. the floor today to recognize my col- to 1, and the Senate 95 to nothing. We Over the years, all of us have seen league and friend, BILL GOODLING. have worked well together because we some significant change in education f are really concerned about the fact and the way it works and sometimes TRIBUTES TO HON. BILL that this House had to come together does not work so well. Upon arriving in GOODLING UPON HIS RETIREMENT on those issues that really touched the Congress, that interest in edu- cation continued. The first thing I did The SPEAKER pro tempore. Under American children and young people. BILL has always had that it is his be- was to look for leadership on my side the Speaker’s announced policy of Jan- lief that when we write education bills, of the aisle. The first person I looked uary 19, 1999, the gentleman from we do not think Democrat, we do not to was BILL GOODLING. Pennsylvania (Mr. BORSKI) is recog- So it is a great privilege for me to nized during morning hour debates for think Republican, we think what is good for the children of this country. rise today and express my strong feel- 5 minutes. ings of not just support, but the reality Mr. BORSKI. Mr. Speaker, before I And the children in this country one that the House will dearly miss his give my own tribute to my good friend, better off because of BILL GOODLING: in leadership in this very, very important the gentleman from Pennsylvania (Mr. their education, in their nutrition, in field. GOODLING), I yield to the gentleman their approach to life. BILL has taught many of us many from Michigan (Mr. KILDEE), who BILL, thank you for what you have things. I remember in that first term, I served for a number of years with Mr. done. God bless you. was asking some of my colleagues GOODLING on the Committee on Edu- Mr. BORSKI. Mr. Speaker, reclaim- about who provided the kind of leader- cation and the Workforce. ing my time, let me say I became Mr. KILDEE. Mr. Speaker, I thank friends with BILL GOODLING as a fresh- ship we needed in education, and I had the gentleman from Pennsylvania (Mr. man Member here. The Pennsylvania a conversation with my friend, Dick BORSKI) for yielding me this time. delegation would from time to time get Cheney, who was then a part of my Mr. Speaker, I have known BILL together and have lunch. He was some- freshman class, but he had been around GOODLING for 24 years. When I arrived one who I consider as a mentor. Washington for a while. He pointed to in Congress, he had already been here 2 We have all heard about his edu- BILL GOODLING as the guy to seek out if years. We served together on the Com- cation background as a teacher, a I wanted some counsel. mittee on the Budget and the Edu- coach, an administrator, and truly I wanted to share with BILL probably cation and Labor Committee, now the someone who knows the passion and the most important lesson I think he Committee on Education and the speaks with the passion of education has reminded me of during these years Workforce. I number him among my for all the kids in our country. Few by way of a story that relates to my very, very best friends here in the Con- know better than BILL GOODLING that a comments about Dick Cheney. Not gress of the United States. solid education will provide all workers very long ago in my home town of Red- I have told this story many times with the necessary foundation to com- lands, Dick Cheney and his wife, Lynn, but, BILL, I am going to tell it one pete in a highly competitive workforce. were present and they were involved in more time. In November 1994, about 2 He is a good friend, from those early a panel in a classroom with about 90 o’clock in the morning, I realized that luncheons in the early days in the people present, and of course the media I had survived the election, but I was a House to the time where we had offices is always there. But on the right-hand survivor in Cornwallis’ army rather just across the aisle from each other. side there was this very interesting than Washington’s army, and for the He would wander into our office and panel made up of two administrators, a first time in 40 years the Republicans pick up the Inquirer, look for the Hispanic and an Anglo, a second grade had taken control of the House of Rep- sporting results. I think particularly teacher of Asian descent and a His- resentatives. I had been BILL GOOD- he was looking for the horse racing re- panic mother. LING’s chairman of a subcommittee for sults. Would come in and talk with all The reason they were there is be- about 6 or 8 years, and I realized that the Members of our staff. He is just a cause they had recently participated in now BILL GOODLING was going to be my first-class gentleman. a program where for some weeks they Chairman, not of subcommittee, but of Mr. Speaker, I am proud to have went to Texas to look at what was full committee. served with him, proud to call him my going on in education there and they So I felt I should call him. I called friend, and I wish him the very best in brought it back to Redlands to imple- him at 7 o’clock in the morning the his retirement years. ment those programs in our schools. day after election. One should call no f They described the fantastic result of politician that early in the morning this effort, making the point that BILL the day after election but he is a farm- THE RETIREMENT OF HON. GOODLING has made for me that local er and I knew he would be up. So I WILLIAM GOODLING schools run best when they are run by called him and did not identify myself. The SPEAKER pro tempore. Under local people, and that we at the Fed- I merely said, ‘‘Mr. Chairman.’’ And he the Speaker’s announced policy of Jan- eral level need to make sure we are responded, ‘‘How sweet it is.’’ uary 19, 1999, the gentleman from Cali- careful about the way we spend those H8622 CONGRESSIONAL RECORD — HOUSE October 3, 2000 10 cents on the dollar that we give to improving the academic skills of the BILL GOODLING exemplifies what all the schools and not try to dominate parents themselves. Members of Congress ought to be. those schools from Washington, D.C. His work on the National Literacy First, he came here with experiences in Mr. Speaker, I thank BILL GOODLING Act, during a time when we were hav- a multitude of fields. I think we are al- for that and for all of his leadership for ing enormous difficulty getting any- ways served best by people who have years in the Congress. thing passed through this Congress, the succeeded in what I call the ‘‘real f National Literacy Act was the only world’’ and then come to government education legislation that was enacted and help us govern, because they have TRIBUTES TO CHAIRMAN BILL into law during that session of Con- the wisdom and the knowledge from GOODLING gress. the fields they left. The SPEAKER pro tempore. Under Today, the Literacy Involves Family He was in agriculture, Pennsylva- the Speaker’s announced policy of Jan- Together Act, the LIFT Act, will ex- nia’s leading industry. He was an edu- uary 19, 1999, the gentleman from tend his literacy legacy into the 21st cator, a top flight educator. BILL GOOD- Pennsylvania (Mr. HOEFFEL) is recog- century and beyond. LING is the kind of person we would nized during morning hour debates for The truth of the matter is that what like to have as a neighbor, as a busi- 5 minutes. the gentlewoman from New York (Mrs. ness partner, as a personal friend. He Mr. HOEFFEL. Mr. Speaker, I yield MCCARTHY) implied is a vivid truth in not only is competent and qualified; he to my colleague from Ohio (Mr. SAW- the life of BILL GOODLING. If one has is a fine human being. He is an example YER). ever really been a teacher, they are al- we can hold up to our young people Mr. SAWYER. Mr. Speaker, I thank ways a teacher. that this is how they ought to live Mr. Speaker, I say to the gentleman, the gentleman from Pennsylvania (Mr. their lives. Be successful in a field and HOEFFEL) for yielding. We are learning from you still, BILL. Mr. HOEFFEL. Mr. Speaker, reclaim- then give back as he has given. Mr. Speaker, in a few days, or maybe Mr. Speaker, I guess what has ing my time, I thank the gentleman a little longer, all of us will be heading amazed me about the gentleman from from Ohio for his eloquence. home. Most of us will be flying. BILL Pennsylvania, and it is unfortunate he will be driving. And for the first time Mr. Speaker, those of us in Pennsyl- vania are very proud of BILL OODLING has to leave before we say these things, in his more than 25 years in Congress, G . I would simply like to add my best but he has been here 26 years. Today, in he will be going home without the ex- wishes to him and my congratulations his final weeks, he still has the passion pectation of returning for the long to him for his long and illustrious ca- of his convictions. He still feels pas- term. That will be sad for all of us who reer and note in particular with my sionately about local education and the have worked with him. support and gratitude, his dedication importance of keeping the decisions lo- He has provided lessons to us all in to the concept of local control of edu- cally. He has been fighting tenaciously more ways than we can count. I want cation. in his last weeks in Congress espousing to concentrate on just one though. Every time we try in Congress to things he has been espousing for a long When most of us go home, we will go deal with educational matters, we can time, but with no less gusto. Not many home by getting on airplanes. And at be accused of trying to interfere some- people do that. some point before that plane takes off, how with the very valid principle of I want the gentleman to know that I there will be a flight attendant who local control of education. I think that admire him. He is a person that I look comes and stands before us and an- Mr. GOODLING has always held our feet up to. He is the kind of person that I nounces all of the emergency proce- to the fire as an institution to make believe exemplifies what we all ought dures and will say that in the unlikely sure we did not interfere with that. But to be, and we are going to miss him. event of an emergency, that oxygen he has supported notable legislation, Mr. Speaker, I yield to the gentleman masks will deploy from the compart- like the Education Flexibility Act, from Wisconsin (Mr. PETRI). ment overhead. If we are traveling with which gives more flexibility locally, Mr. PETRI. Mr. Speaker, I thank the children, they will tell us to put on our while also understanding that the Fed- gentleman from Pennsylvania (Mr. PE- own oxygen mask first and then put on eral Government has a significant role TERSON) for yielding. those for the children. to play in promoting public schools. Mr. Speaker, I would say first of all It seems kind of counterintuitive, I think that BILL GOODLING got that that I know that my colleague from those of us who care as deeply as all of balance just about right, and we will Wisconsin and a long-time member of us do about children. We do not think remember his leadership on that, and the committee, STEVE GUNDERSON, had that that is the right thing to do. But so many other educational issues, after wished that he could be here today as a in the end, it is, of course, the right he has left these halls, but certainly Member of this body to participate in thing to do, because we need to be in a not left our memory. We will be grate- this occasion. position to take care of those children. ful to him for many years to come. Mr. Speaker, it has been an honor Mr. Speaker, BILL GOODLING has un- f and a privilege to learn about edu- derstood that in a way that has borne cation at the knee of BILL GOODLING, a itself out in policy across this Congress BILL GOODLING, THE MAN true expert who spent his life in the throughout his 13 terms. One of his The SPEAKER pro tempore. Under field. He will be sorely missed. proudest accomplishments I am sure is the Speaker’s announced policy of Jan- It is with immense pleasure and honor that the development of the Even Start pro- uary 19, 1999, the gentleman from I rise to express a few thoughts about my col- gram. When he was superintendent at Pennsylvania (Mr. PETERSON) is recog- league and good friend, BILL GOODLING. I Spring Grove area schools, BILL GOOD- nized during morning hour debates for would like to say at the outset that I know that LING noticed that the youngsters who 5 minutes. my former colleague from Wisconsin, Steve were having the most difficulty in Mr. PETERSON of Pennsylvania. Mr. Gunderson, would very much like to be here school were often the children of some Speaker, today, I do not want to talk today to participate in this occasion. He is a former students who had also not per- about the legislative accomplishments great admirer of Chairman GOODLING. formed well academically. Working of the gentleman from Pennsylvania The Education and the Workforce Com- with his best teachers, he developed a (Mr. GOODLING). I want to talk about mittee, formerly the Education and Labor program which would provide focused the man. Committee, was blessed the day BILL was first literacy assistance to those children Mr. Speaker, I had a 26-year business elected to Congress. Drawing on his experi- and to their parents at the same time, career. I met a lot of business leaders. ences as a coach, a high school principal, and so that the parents could help reinforce I was fortunate to have 19 years in a Superintendent of schools, BILL has always the skills of the children. State government, and I know most of approached the issue of education with the in- When he came to Congress, he devel- Pennsylvania’s leaders of today. This is terests of America's children at heart. I can re- oped this into the Even Start program, my fourth year here in Congress and I member many conversations we have had, which has been a model of what it have gotten to know many of the fine especially in the days when we had adjoining means for parents to be their children’s Members of this body. But in my view, offices in Rayburn, discussing ways to more first and most important teacher by BILL GOODLING is a class act. effectively educate the children of his nation. October 3, 2000 CONGRESSIONAL RECORD — HOUSE H8623 Given all the work we still have to do in that been able to participate in some of As a relatively new member of the regard, I hope and trust that those conversa- those things with him. But really his Committee on Education and the tions will continue, for BILL's experience, in- main passion is education and literacy. Workforce, I can honestly say that sight, and thorough understanding of these He truly cares about helping people Chairman GOODLING has been the best issues are a priceless resource. Both as a through education. His work ethic is chairman it has been my pleasure to member of the majority and of the minority, second to none. He is a strong Chris- serve with, but also the worse because BILL has maintained his loyalty to our children, tian and stands tall for what he be- he has been the only chairman that I often in the face of fervid opposition by many lieves in. have had the chance to work with on who put their own special interests ahead of A beloved king once told his people, the Committee. the well being of America's kids. His career in ‘‘When you are in the service of your Mr. Speaker, what has impressed me Congress is a monument and a tribute to a fellow man, you are only in the service over the last 4 years, is an opportunity man of honor, integrity, courage, and vision. of your God.’’ I know of no one who has to sit there in front of him, to watch, I know there are several other Members exemplified that better than BILL listen, to learn, but also to watch how here who would like some time to share their GOODLING. I am privileged to call him a he runs the committee with such de- comments for Mr. GOODLING, so I won't go into friend. cency and fairness. Even though we the details of BILL's accomplishments as a Mr. PETERSON of Pennsylvania. Mr. had some heated discussions, disagree- Member of Congress. I'm not sure I could do Speaker, I yield to the gentleman from ments at times over the best policy to it even if I had all forty minutes to speak! But Ohio (Mr. BOEHNER). pursue in regards to education, he was I would like to say that many, many pro- Mr. BOEHNER. Mr. Speaker, I thank always eminently fair and decent in al- gramsÐnot just the Literacy Involves Families the gentleman from Pennsylvania (Mr. lowing Members to make their argu- Together Act, which we appropriately renamed PETERSON) for yielding. ments during the course of debate. a few weeks ago as the William F. Goodling Mr. Speaker, let me join with my col- But what also impressed me about Even Start Family Literacy ProgramÐowe a leagues in thanking BILL GOODLING for the Chairman was that in the final debt of gratitude to Chairman GOODLING. having the honor to have served with analysis, everyone knew that for the These are programs near and dear to his him, in my case, for 10 years, but for chairman it always came down to one heart, and they are a reflection of BILL's tire- his service in the House for 26 years. thing, and that was the kids. And for less efforts and passion for providing the chil- BILL’s background as an educator for the chairman, it was really one word dren of this nation, all of them, with the best 20 years, as we have heard, brought him that we heard repeatedly during the possible education. to this Chamber with a wealth of expe- course of committee work, and that It has been my pleasure and honor to have rience. He had seen a lot of programs was ‘‘quality, quality, quality.’’ I espe- known Chairman GOODLING for 22 years, and out of Washington, some that worked, cially appreciated, that emphasis given he will be missedÐas much as he misses his many that did not, and brought that the fact that I sat right in front of him horses when he's here in WashingtonÐwhen knowledge and that background in during committee, so I would be he retires at the end of this session. working with parents and teachers at bombarded with quality, quality, qual- Mr. PETERSON of Pennsylvania. Mr. the local level here to Washington. And ity, every day during the course of de- Speaker, I yield to the gentleman from over the 10 years that I have been here, bates. Granted, some of that may have California (Mr. MCKEON). I do not think there is any Member of gone over my head, but a lot of it did Mr. MCKEON. Mr. Speaker, I thank Congress, not of the 435 that are here sink in. the gentleman from Pennsylvania for today, or the hundreds that have come I appreciated the chance to work yielding. and gone in just my short tenure, who with the gentleman on a few very im- Mr. Speaker, a couple of weeks ago, have cared and delivered more on the portant education initiatives: the Edu- many of us traveled to southern Vir- issue of education than BILL GOODLING. cation Flexibility Act, which will pro- ginia to attend the funeral of a good It really is his passion. vide local school districts greater flexi- friend and colleague, Herb Bateman, And we have heard much about that bility in the use of Federal funds for and many wonderful things were said this morning, but knowing BILL GOOD- programs that are working for them at about him at that time. I wish we had LING for the years that I spent on the the local level. been able to have that kind of a meet- committee with him, what a lot of peo- The hard work that we put in on the ing for Herb when he was with us. ple do not realize is that his interest in Teacher Empowerment Act, again em- I am really happy that we are able to music is far beyond superficial. Not phasizing quality. He knew that it does stand today and say just a few good only is he part of a singing group, and not matter what else goes on, but if we things about our good friend, BILL has been here in town for some 20 do not have quality teachers in the GOODLING. years-plus, but he is known for waking classroom, we are not going to see the When the gentlewoman from New up his neighbors and keeping the jani- type of student performance that all of York (Mrs. MCCARTHY) was talking torial staff awake at night as he is us hope to see in the course of edu- earlier about him starting meetings at playing his piano that he keeps in his cation reform. 9:30, and the gentleman from Michigan office. And the chairman has been one of the (Mr. KILDEE) remarked about him get- Mr. Speaker, I think all of us here strongest earliest proponents of early ting up early, being a farmer; when he are going to regret his leaving and his childhood literacy and family literacy started meetings at 9:30, he has already decision to retire. I can say as someone programs. That is why a lot of Mem- probably been up at 5 o’clock, fed the who spent an awful lot of time with bers have already paid tribute to him horses, done the things that he needed him in an awful lot of battles, I would for the work he did with the gentleman to do at the farm and then driven down want him on my side every time. from Michigan (Mr. KILDEE) on the here from Pennsylvania to start his f Even Start program and now the LIFT day’s activities in Congress. Or if he Act that recently passed in this session did not go home the night before and BILL GOODLING: DEDICATED of Congress. spent the night in his office, he had al- CHAMPION OF EDUCATION POLICY These are things that I think we have ready been to the gym and done a good The SPEAKER pro tempore. Under a lot of hope and promise of building day’s work before he started that meet- the Speaker’s announced policy of Jan- upon, realizing that ultimately it is ing at 9:30. uary 19, 1999, the gentleman from Wis- going to take quality educational in- It has been an honor and a privilege consin (Mr. KIND) is recognized during struction to see the type of student to serve with BILL GOODLING. It is iron- morning hour debates for 5 minutes. achievement that all of us would like ic that now education seems to be the Mr. KIND. Mr. Speaker, as a Member to see achieved in this country. top issue in the country. He has been of the Committee on Education and the I do not know what the outcome of speaking about education as a voice in Workforce, I also rise to pay tribute to the November elections are going to be, the wilderness for 26 years. an individual that is clearly one of the and I do not know if I would hold much He is a man of integrity and passion. most dedicated champions of education sway in a possible Bush administration His passion includes many things: policy in this country, our departing if it comes to that, but I for one would horses, music, and golf. And I have chairman, BILL GOODLING. be one of the first to recommend under H8624 CONGRESSIONAL RECORD — HOUSE October 3, 2000 a Bush administration for Secretary of Mr. Speaker, it has been a pleasure certainly the signature piece of legisla- Education, a person of the integrity to serve with the gentleman from tion, the William F. Goodling Child Nu- and fairness and knowledge that Chair- Pennsylvania (Mr. GOODLING). trition Reauthorization Act. This legis- man GOODLING would bring to that f lation gives more flexibility to school postition. I wish him well in retire- districts as they try to meet the needs TRIBUTE TO CHAIRMAN GOODLING ment and I hope he realizes his leader- of children, as they try to do what is OF THE COMMITTEE ON EDU- ship will be missed on the committee best for the children of America. CATION AND THE WORKFORCE and in this House. On behalf of America’s students, on Mr. Speaker, I yield to the gentleman The SPEAKER pro tempore. Under behalf of America’s educators, as the from California (Mr. GEORGE MILLER). the Speaker’s announced policy of Jan- cochairman of the Education Caucus Mr. GEORGE MILLER of California. uary 19, 1999, the gentleman from here in the Congress, I just want to thank the chairman for his out- Mr. Speaker, I thank the gentleman Pennsylvania (GREENWOOD) is recog- standing record of public service, for from Wisconsin (Mr. KIND) for yielding nized during morning hour debates for his commitment to education, for his me this time. I want to join in this 4 minutes. great work for the people of Pennsyl- tribute to our chairman, BILL GOOD- Mr. GREENWOOD. Mr. Speaker, my mother once said to me that no matter vania. LING. Mr. GREENWOOD. Mr. Speaker, I Mr. Speaker, we have had our bat- how important you think you are, re- member that the number of people who yield to the gentleman from Michigan tles. They even got to the point one (Mr. EHLERS). time where he threatened to hit me come to your funeral will be primarily determined by the weather. It must be Mr. EHLERS. Mr. Speaker, I thank over the head with the gavel, and I the gentleman from Pennsylvania (Mr. a good day today because Mr. GOODLING thought the next committee meeting I GREENWOOD) for yielding me this time. would come wearing a helmet so that is blessed with too many speakers, and Mr. Speaker, when I hear the name we will all have to be brief. we could continue our amicable discus- GOODLING, I immediately think of four Mr. Speaker, I will miss Mr. GOOD- sions. different words. The first pair is ‘‘qual- LING as a member of the Committee on But I think the gentleman from Wis- ity and accountability.’’ We kept hear- Education and the Workforce and a fel- consin (Mr. KIND) has hit it on the ing that over and over in the com- low Pennsylvanian. The children and head. There was a core principle there. mittee. And those are very, very im- the teachers and the parents and the And as much as we come from different portant words for us to hear. Will a school board administrators will miss parts of the ideological spectrum, I was proposal bring forth quality? Will it BILL GOODLING, because he is someone amazed at how well we were able to provide for accountability? that has become a rarity in this town. work together, once I understood the The second pair of words is ‘‘reading He believes that politics belongs on the code. The code was simply: You mean and literacy,’’ obviously, very, very campaign trail, and here in Washington what you say and you say what you great needs in this country. I believe in the Nation’s capital, because we are mean. we should improve math and science supposed to do the people’s business, education in this country, and but the BILL GOODLING has held that prin- we are supposed to compromise. We are gentleman from Pennsylvania (Mr. ciple all of the time that he has served supposed to put politics second to peo- GOODLING) is totally dedicated to im- on the Committee on Education and ple. proving reading and literacy; I totally the Workforce. We came together to BILL GOODLING has done that every agree with that as well, because we the Congress and served our entire ca- day for his 26-year career. It is an need to do both. reers on that committee. His focal honor to serve with him and join in It has been a pleasure to serve on the point was the children and whether or this tribute today. Committee on Education and the not we really meant what we said. If Mr. Speaker, because time is limited, Workforce with Mr. GOODLING. He is an we were going to have quality, then we I will cut my remarks brief and I yield experienced teacher, administrator, were going to have quality and we were to the gentleman from Missouri (Mr. and a Congressman. As an educator going to hold someone accountable for BLUNT). myself for 22 years, I was delighted to delivering that quality. And if they Mr. BLUNT. Mr. Speaker, I thank have a person heading that committee were not going to do that, we were not the gentleman from Pennsylvania (Mr. who had experience in education too, going to fund them or we were going to GREENWOOD) for yielding. because there are many people in this know why. Mr. Speaker, like others today, I am world who think they know exactly When we said we were going to fund here to recognize the tremendous con- what is wrong with the schools and the excess cost of special education, tribution that Congressman GOODLING how to fix it, but they do not have any the 40 percent, in his time as chairman has made to this Congress, to this experience at it. Mr. GOODLING has that he has moved us further toward that country, and particularly to education. experience, and I was delighted to have goal than any other single individual. BILL GOODLING spent his entire career him as chairman. When they said that a diploma ought with a focus on education. As a teach- Mr. GREENWOOD. Mr. Speaker, I to mean something, he asked those er, as a coach, as a guidance counselor, yield to the gentleman from Georgia questions and that is what teacher em- as a school administrator, and when he (Mr. ISAKSON). Mr. ISAKSON. Mr. Speaker, I will be powerment was about, whether or not a was elected to Congress by the people very brief in order to leave enough diploma would, in fact, mean some- from the 19th district in Pennsylvania, time for the chairman himself to thing. he chose to go on the committee that speak, by simply saying this, most For schools of education where we focused on education. politicians put their careers first. BILL are turning out our teachers of the fu- He became the chairman of that com- GOODLING has put children first. Most ture, if they did not know the subjects mittee. He has been a tireless advocate politicians will compromise at a time they were teaching, he wanted to know for making public schools better to move an inch. BILL GOODLING is pa- why, and has dramatically changed the through real reform. He has pursued tient, but he is always persistent. manner in which schools of education full funding of IDEA, understanding He believes in quality education for will now educate the teachers of the fu- that the Federal Government needs to our children, trained teachers for our ture so they will be better equipped to first of all keep its word. children, and local control. America is provide that quality education that has As a former college president, I par- better off and her children far better always been at the core of all of his ticularly appreciate all the chairman off for the service of BILL GOODLING. dealings on this committee. has done to substantially increase the f He has not been much for the poli- Pell Grant funding. And during his tics. He has not been much for the pos- leadership of that committee, Pell HON. BILL GOODLING: A turing. But he has certainly done a Grant funding has increased in a way BRILLIANT CAREER great deal for the education and the that it has never increased before. The SPEAKER pro tempore. Under well-being of the children of this Na- There are really too many accom- the Speaker’s announced policy of Jan- tion, and we are going to miss him. plishments to talk about all of them, uary 19, 1999, the gentleman from October 3, 2000 CONGRESSIONAL RECORD — HOUSE H8625 Pennsylvania (Mr. KANJORSKI) is recog- QUALITY, NOT QUANTITY; next step in his life and I wish him and his nized during morning hour debates for RESULTS, NOT PROCESS wife Hilda all the best. 4 minutes. The SPEAKER pro tempore. Under Mr. COYNE. Mr. Speaker, I want to pay trib- Mr. KANJORSKI. Mr. Speaker, no the Speaker’s announced policy of Jan- ute to one of our colleagues, BILL GOODLING, one could deny our colleague that we uary 19, 1999, the gentleman from who is retiring this year after 26 years of serv- honor today, BILL GOODLING, has had a Pennsylvania (Mr. GOODLING) is recog- ice in the House of Representatives. brilliant career in education in this nized during morning hour debates for BILL GOODLING has served his constituents Congress and is well known. But I can 5 minutes. well in his time in Congress. He has honestly attest to the fact that he has more Mr. DREIER. Mr. Speaker, I would like to and consistently reflected their views, and he horse sense than any Member that ever take this opportunity to offer my best wishes to has worked hard to improve the economic served in the United States Congress, our colleague Chairman BILL GOODLING as he health of Pennsylvania's 19th Congressional and that is saying something. returns to the private sector and express my District. He also worked tirelessly and in a bi- thanks for his many years of service to the na- partisan fashion as a member of Pennsylva- BILL is the type of guy that has a tion and to the people of Pennsylvania. I have nia's Congressional delegation to address twinkle in his eye and love for what he had the privilege to serve with BILL GOODLING problems facing the Commonwealth. does and for his colleagues that we are since I was elected to the House in 1980 and BILL GOODLING's public service is by no going to miss, because he is of the old throughout that time I have been impressed means limited to his time in the House of Rep- tradition of the House. As I drive back with his strong commitment to putting people resentatives. Before being elected to Con- to my district in Pennsylvania, I go before politics. gress, he worked as a teacher, coach, prin- through the gentleman’s district. So BILL GOODLING's 22 years of experience as cipal, and school board president. His experi- many times, I have had the occasion to a public school teacher, coach and principal in ence in education allowed him to bring a prac- see him when we have stopped for cof- York County, Pennsylvania were the perfect titioner's knowledge and experience to his fee or something. I am going to miss preparation for his service as Chairman of the service on the House Education and Labor those occasions. Committee on Education and the Workforce. CommitteeÐand eventually to his chairman- Mr. Speaker, I would just suggest Throughout his tenure as Chairman, Con- ship of the House Committee on Education that the Members of the House today gressman GOODLING has made a lasting im- and the Workforce. His lifelong dedication to that have not had the opportunity to pact on how we view the federal role in both education is an outstanding example of a life spend late evenings with BILL at dinner education and the workforce. Chairman GOOD- spent in public service. when we are in session and hear about LING has emphasized allowing decisions to be I am sorry to see BILL leave this body. I his horses or hear about his violets, it made on the local level and creating a federal want to wish him and his family the best in the is a great treat. Because here is a sen- system that works effectively and efficiently coming years. sitive man who has dedicated his ca- with local authorities. Mr. GILMAN. Mr. Speaker, It is with a great reer to the 19th District of Pennsyl- Since Republicans came into the majority, deal of sadness that I join in bidding farewell BILL GOODLING has taken the primary leader- vania that has not only served his dis- to an outstanding Member of this chamber, ship role on some of the most important legis- trict, but has served this Nation with one of the leading Members of Congress of lation affecting Americans. He has been cen- honor and distinction. the last quarter century, and a good and dear tral to Congressional efforts to pass legislation friend. As his colleagues have attested to to reform the welfare system and to eliminate BILL GOODLING was initially elected to Con- today, he is probably known as ‘‘Mr. waste in the Department of Education. gress to succeed his father, who represented Education’’ in the House of Represent- Through bills like Dollars to the Classroom the 19th District of Pennsylvania for 12 years. atives. I am going to miss my good which would direct 90 percent of federal fund- but BILL soon made it clear that his agenda of friend, BILL GOODLING. And as a mem- ing for education directly to the States and outstanding representation of his district cou- ber of the Pennsylvania delegation, I local school districts and allow no more than wish him well, he and Hilda, in their 10 percent to be used for administrative pur- pled with sincerely held beliefs was his own. retirement. But I am sure we will hear poses and the EdFlex legislation which pro- BILL brought his own distinct style to this from him in all of those special occa- vide States with the flexibility to decide where chamber, and for this he is going to be sorely sions. federal funding is most needed without the missed. typical red tape and regulations from Wash- For the past six years, BILL GOODLING Mr. Speaker, I yield to the gentleman served as Chairman of the Committee on Edu- from Ohio (Mr. TRAFICANT). ington, he has been successful in forcing us to reexamine the role of the federal government cation and the Workforce. In that position, he Mr. TRAFICANT. Mr. Speaker, when in education. has been one of the more outstanding Mem- one mentions improvements in edu- Along with these accomplishments, his work bers of our House leadership. BILL was never cation, they mention Chairman GOOD- to address the needs of the disabled in both afraid to remind us that he who governs the LING. When one mentions advocating our education system and the workforce will least governs the best. He especially cham- for America’s children, they mention remain a strong legacy for BILL. Since it's en- pioned the right of local school boards to Chairman GOODLING. When one men- actment in 1975, he has shown a strong dedi- make their own decisions, free from the dic- tions good schools, they mention cation to the Individuals with Disabilities Edu- tates of Washington bureaucrats. Chairman GOODLING. When one men- cation Act (IDEA). IDEA has helped to ensure BILL chose to retire this year, and his shoes tions enhanced curriculum, they men- that students with disabilities receive the same are going t0 be extremely difficult to fill. To his tion Chairman GOODLING. When one access to a quality education as other chil- wife, Hilda, and his two children, we state that mentions support for local school dren. he has been tireless in his work to im- while you are gaining a full time family mem- boards, they mention Chairman GOOD- prove the program and to push for the full fed- ber we in the House are losing an inspiration LING. eral funding requirement 40 percent which, and role model. When one mentions honor and ac- under his leadership and commitment is ex- Mr. Speaker, I invite all of our colleagues to countability, they mention Chairman pected to happen by 2004. join with me in wishing BILL GOODLING and his GOODLING. When one mentions great I would like to express my personal appre- family all of the best in the future, and many American leaders who have placed ciation for Chairman GOODLING's help in my happy healthy years to come. their fingerprints on America’s future attempt to promote financial literacy education Mr. BARRETT of Nebraska. Mr. Speaker, I greatness, they mention Chairman in our schools. With his support, the House want to join my colleagues in honor of Chair- man BILL GOODLING. For the last ten years, GOODLING. passed my concurrent resolution encouraging the Secretary of Education to promote finan- I've had the privilege of working with BILL Chairman Goodling will be sorely cial literacy programs in schools. As well as GOODLING on the Education and Workforce missed. When we mention America, we this resolution, he also supported my request Committee to promote fairness in labor as well have to mention the presence of Chair- for inclusion of language in the Elementary as education policy. Those that are closest to man GOODLING. and Secondary Reauthorization Act that would my heart are policies particularly affecting our Mr. Speaker, I say to the gentleman, provide grants to states and implement finan- nation's rural children. Our nation's children My best to you, Chairman. God bless cial literacy programs in their schools. are fortunate to have had someone as dedi- you in your appointed rounds. You will While we will all miss BILL GOODLING's lead- cated and experienced at the helm of the be sorely missed. ership and friendship, I know he will enjoy this committee charged with creating and refining H8626 CONGRESSIONAL RECORD — HOUSE October 3, 2000 education policy. Through his steadfast com- this institution, all of these people us by Your own spirit to be more con- mitment to promoting children's issues like lit- were very successful people before they cerned for the safety of others and a eracy, technology, quality teachers, and IDEA ever came here, and I would hope that broad security that bears Your gift of fundingÐBILL GOODLING has truly been a we would take that challenge and peace to all. champion for children across this country. make sure that everybody understands You have called the Members of this At the end of this session, BILL GOODLING everything we do, everything we say, assembly to be public servants. Their and I will both be stepping down and moving not only affects our constituents but pledge of a good conscience empowers on to new challenges in private life. But no all over the country, all over the world. them to speak and act on behalf of matter what the future has in store for BILL We are the greatest institution and the their brothers and sisters everywhere. GOODLING, I know his commitment to our na- most important institution. Grant them guidance in the monu- tion's children will continue and that our coun- Secondly, I would hope that every mental task before them. For You are try is a better place because of his service. vote is cast with the best interest, and living and present now and forever. Mr. THOMAS. Mr. Speaker, it is my pleas- particularly in the area of education, Amen. ure to honor my good friend BILL GOODLING, with children. I do not care about per- f who retires this year after a quarter-century of ception or anything else. What is it service to this country in this House, during that we are doing that will assure a THE JOURNAL which he has become one of the nation's fore- quality education for all of our chil- The SPEAKER pro tempore. The most advocates on common-sense education dren? Fifty percent of our children are Chair has examined the Journal of the policy. not at the present time receiving a last day’s proceedings and announces Since becoming Chairman of the Education quality education, and I am sorry that to the House his approval thereof. and the Workforce Committee, BILL GOODLING I could not do more about bringing Pursuant to clause 1, rule I, the Jour- has fought tirelessly to send more control over about that quality while we were here. nal stands approved. our schools to local authorities. BILL'S leader- And then last, I worry about the f ship and success in education policy have cre- young Members and their young fami- ated options for educators and students lies. In fact, they are in my prayers PLEDGE OF ALLEGIANCE throughout the U.S. which were not previously constantly. This is not a family-friend- The SPEAKER pro tempore. Will the available. ly institution. All I say to my col- gentleman from Pennsylvania (Mr. For the last quarter-century, BILL GOODLING leagues is put that family first, always HOLDEN) come forward and lead the has been a friend, mentor, and leader on edu- put the family first. And I am sure that House in the Pledge of Allegiance. cation issues. Like many other Members, I they will reap great rewards by doing Mr. HOLDEN led the Pledge of Alle- have looked to him for guidance. I am proud that. giance as follows: to have been his colleague, and honored to Mr. Speaker, lastly let me say, we I pledge allegiance to the Flag of the call him a friend. The people of Adams, York, owe so much to our staffs. I am not United States of America, and to the Repub- and Cumberland Counties are truly fortunate going to recite all the staff members lic for which it stands, one nation under God, to have had BILL GOODLING represent them in that I have. But my district staff, my indivisible, with liberty and justice for all. Congress for all of these years. I thank him for staff on the committee, the staff in my f his friendship and wish BILL and Hilda the very office here, they are just wonderful, MESSAGE FROM THE SENATE best for the years to come. wonderful dedicated people giving Mr. GOODLING. Mr. Speaker, first of hours and hours and hours of their A message from the Senate by Mr. all, I want to thank everyone for their time and sometimes not paid too well Cheek, one of its clerks, announced overly generous comments that were for doing it. And so my hat is off to the that the Senate has passed with an made this morning. It has been a labor staff. amendment in which the concurrence of love. We have done a lot of wonder- Again, I thank my colleagues for of the House is requested, a bill of the ful things together in a bipartisan fash- their generous comments. And always House of the following title: ion, always with the best interest of remember: quality, not quantity; re- H.R. 4392. An act to authorize appropria- children in mind. sults, not process. tions for fiscal year 2001 for intelligence and Mr. Speaker, I hope that when I leave f intelligence-related activities of the United here, the echoes will still be in the States Government, the Community Man- Chamber saying: Quality, not quantity. RECESS agement Account, and the Central Intel- Results, not process. ligence Agency Retirement and Disability The SPEAKER pro tempore. Pursu- System, and for other purposes. But I want to leave three challenges ant to clause 12 of rule I, the Chair de- The message also announced that the to Members. First of all, this is the clares the House in recess until 10 a.m. Senate insists upon its amendment to greatest institution in the world. It is today. the bill (H.R. 4392) ‘‘An Act to author- the most important institution in the Accordingly (at 9 o’clock and 50 min- ize appropriations for fiscal year 2001 world. We do not do a very good job of utes a.m.), the House stood in recess for intelligence and intelligence-re- making sure that everybody in this until 10 a.m. country understands that and every- lated activities of the United States f body in the world understands. Government, the Community Manage- I know how it is at home. They bad b 1000 ment Account, and the Central Intel- mouth this institution. They say dis- ligence Agency Retirement and Dis- AFTER RECESS paraging remarks about some of our ability System, and for other pur- colleagues, and we let them get away The recess having expired, the House poses,’’ requests a conference with the with it because they will always say, was called to order by the Speaker pro House on the disagreeing votes of the Now, we are not talking about you. tempore (Mr. BASS) at 10 a.m. two Houses thereon, and appoints Mr. You are a good Member. f SHELBY, Mr. LUGAR, Mr. KYL, Mr. Well, I always tell them, I would like INHOFE, Mr. HATCH, Mr. ROBERTS, Mr. to see anyone get 435-plus members in PRAYER ALLARD, Mr. MACK, Mr. WARNER, Mr. any organization together to do as well The Chaplain, the Reverend Daniel P. BRYAN, Mr. GRAHAM, Mr. KERRY, Mr. as this group does, to be as honorable Coughlin, offered the following prayer: BAUCUS, Mr. ROBB, Mr. LAUTENBERG, as this group, to be as dedicated as this Heavenly Father, You know the dis- and Mr. LEVIN, to be the conferees on group. And we just have to make sure obedient son and daughter as well as the part of the Senate. that everybody understands that and Your obedient children. Your loving at- The message also announced that the we do not let them get away with mak- tention may be even more focused on Senate agrees to the report of the com- ing bad remarks. the disobedient who are in need of Your mittee of conference on the disagreeing Philosophically, we may have awful tender mercy. votes of the two Houses on the amend- arguments and disagreements and so Help all in this Nation to become bet- ment of the Senate to the bill (H.R. on. But man-to-man, woman-to- ter citizens of the world community. 4733) ‘‘An Act making appropriations woman, man-to-woman, et cetera, in Take us beyond ourselves. Transform for energy and water development for October 3, 2000 CONGRESSIONAL RECORD — HOUSE H8627 the fiscal year ending September 30, There being no objection, the Clerk entered and remained lawfully and shall, if 2001, and for other purposes. read the bill as follows: otherwise eligible, be eligible for adjustment of status under section 245 of the Immigra- The message also announced that the H.R. 3184 Senate agrees to the amendment of the tion and Nationality Act as of the date of Be it enacted by the Senate and House of Rep- the enactment of this Act. House to the amendment of the Senate resentatives of the United States of America in (c) DEADLINE FOR APPLICATION AND PAY- to the bill (H.R. 2392) ‘‘An Act to Congress assembled, MENT OF FEES.—Subsections (a) and (b) shall amend the Small Business Act to ex- SECTION 1. PERMANENT RESIDENT STATUS FOR apply only if the application for issuance of tend the authorization for the Small ZOHREH FARHANG GHAHFAROKHI. an immigrant visa or the application for ad- Business Innovation Research Pro- (a) IN GENERAL.—Notwithstanding sub- justment of status is filed with appropriate gram, and for other purposes,’’ with sections (a) and (b) of section 201 of the Im- fees within 2 years after the date of the en- amendment. migration and Nationality Act, Zohreh actment of this Act. Farhang Ghahfarokhi shall be eligible for (d) REDUCTION OF IMMIGRANT VISA NUM- f issuance of an immigrant visa or for adjust- BER.—Upon the granting of an immigrant PRIVATE CALENDER ment of status to that of an alien lawfully visa or permanent residence to Sepandan admitted for permanent residence upon fil- Farnia and Farbod Farnia, the Secretary of The SPEAKER pro tempore. This is ing an application for issuance of an immi- State shall instruct the proper officer to re- Private Calendar day. The Clerk will grant visa under section 204 of such Act or duce by 2, during the current or next fol- call the first individual bill on the Pri- for adjustment of status to lawful permanent lowing fiscal year, the total number of immi- vate Calendar. resident. grant visas that are made available to na- f (b) ADJUSTMENT OF STATUS.—If Zohreh tives of the country of the aliens’ birth Farhang Ghahfarokhi enters the United under section 203(a) of the Immigration and LUIS A. LEON-MOLINA, LIGIA States before the filing deadline specified in Nationality Act or, if applicable, the total PADRON, JUAN LEON PADRON, subsection (c), she shall be considered to number of immigrant visas that are made RENDY LEON PADRON, MANUEL have entered and remained lawfully and available to natives of the country of the LEON PADRON, AND LUIS LEON shall, if otherwise eligible, be eligible for ad- aliens’ birth under section 202(e) of such Act. PADRON justment of status under section 245 of the The bill was ordered to be engrossed Immigration and Nationality Act as of the The Clerk called the bill (H.R. 3414) date of the enactment of this Act. and read a third time, was read the for the relief of Luis A. Leon-Molina, (c) DEADLINE FOR APPLICATION AND PAY- third time, and passed, and a motion to Ligia Padron, Juan Leon Padron, MENT OF FEES.—Subsections (a) and (b) shall reconsider was laid on the table. Rendy Leon Padron, Manuel Leon apply only if the application for issuance of f an immigrant visa or the application for ad- Padron, and Luis Leon Padron. SAEED REZAI There being no objection, the Clerk justment of status is filed with appropriate fees within 2 years after the date of the en- read the bill as follows: The Clerk called the bill (H.R. 5266) actment of this Act. for the relief of Saeed Rezai. H.R. 3414 (d) REDUCTION OF IMMIGRANT VISA NUM- Be it enacted by the Senate and House of Rep- BER.—Upon the granting of an immigrant There being no objection, the Clerk resentatives of the United States of America in visa or permanent residence to Zohreh read the bill as follows: Congress assembled, Farhang Ghahfarokhi, the Secretary of State H.R. 5266 SECTION 1. PERMANENT RESIDENCE. shall instruct the proper officer to reduce by Be it enacted by the Senate and House of Rep- (a) IN GENERAL.—Notwithstanding any 1, during the current or next following fiscal resentatives of the United States of America in other provision of law, for purposes of the year, the total number of immigrant visas Congress assembled, that are made available to natives of the Immigration and Nationality Act (8 U.S.C. SECTION 1. PERMANENT RESIDENT STATUS FOR 1101 et seq.), Luis A. Leon-Molina, Ligia country of the alien’s birth under section SAEED REZAI. 203(a) of the Immigration and Nationality Padron, Juan Leon Padron, Rendy Leon (a) IN GENERAL.—Notwithstanding sub- Padron, Manuel Leon Padron, and Luis Leon Act or, if applicable, the total number of im- sections (a) and (b) of section 201 of the Im- Padron shall each be held and considered to migrant visas that are made available to na- migration and Nationality Act, Saeed Rezai have been selected for a diversity immigrant tives of the country of the alien’s birth shall be eligible for issuance of an immigrant visa for fiscal year 2001 as of the date of the under section 202(e) of such Act. visa or for adjustment of status to that of an enactment of this Act upon payment of the The bill was ordered to be engrossed alien lawfully admitted for permanent resi- required visa fee. and read a third time, was read the dence upon filing an application for issuance (b) ADJUSTMENT OF STATUS.—If Luis A. third time, and passed, and a motion to of an immigrant visa under section 204 of Leon-Molina, Ligia Padron, Juan Leon reconsider was laid on the table. such Act or for adjustment of status to law- Padron, Rendy Leon Padron, Manuel Leon ful permanent resident. f Padron, or Luis Leon Padron enters the (b) ADJUSTMENT OF STATUS.—If Saeed Rezai United States before the date of the enact- enters the United States before the filing ment of this Act, he or she shall be consid- SEPANDAN FARNIA AND FARBOD FARNIA deadline specified in subsection (c), he shall ered to have entered and remained lawfully be considered to have entered and remained and shall, if otherwise eligible, be eligible for The Clerk called the bill (H.R. 848) lawfully and shall, if otherwise eligible, be adjustment of status under section 245 of the for the relief of Sepandan Farnia and eligible for adjustment of status under sec- Immigration and Nationality Act as of the Farbod Farnia. tion 245 of the Immigration and Nationality date of the enactment of this Act. There being no objection, the Clerk Act as of the date of the enactment of this SEC. 2. REDUCTION OF NUMBER OF AVAILABLE read the bill as follows: Act. VISAS. (c) DEADLINE FOR APPLICATION AND PAY- Upon the granting of permanent residence H.R. 848 MENT OF FEES.—Subsections (a) and (b) shall to Luis A. Leon-Molina, Ligia Padron, Juan Be it enacted by the Senate and House of Rep- apply only if the application for issuance of Leon Padron, Rendy Leon Padron, Manuel resentatives of the United States of America in an immigrant visa or the application for ad- Leon Padron, and Luis Leon Padron as pro- Congress assembled, justment of status is filed with appropriate vided in this Act, the Secretary of State SECTION 1. PERMANENT RESIDENT STATUS FOR fees within 2 years after the date of the en- shall instruct the proper officer to reduce by SEPANDAN FARNIA AND FARBOD actment of this Act. 6 during the current fiscal year the total FARNIA. (d) REDUCTION OF IMMIGRANT VISA NUM- number of immigrant visas available to na- (a) IN GENERAL.—Notwithstanding sub- BER.—Upon the granting of an immigrant tives of the country of the aliens’ birth sections (a) and (b) of section 201 of the Im- visa or permanent residence to Saeed Rezai, under section 203(c) of the Immigration and migration and Nationality Act, Sepandan the Secretary of State shall instruct the Nationality Act (8 U.S.C. 1153(c)). Farnia and Farbod Farnia shall each be eligi- proper officer to reduce by 1, during the cur- The bill was ordered to be engrossed ble for issuance of an immigrant visa or for rent or next following fiscal year, the total and read a third time, was read the adjustment of status to that of an alien law- number of immigrant visas that are made third time, and passed, and a motion to fully admitted for permanent residence upon available to natives of the country of the reconsider was laid on the table. filing an application for issuance of an immi- alien’s birth under section 203(a) of the Im- grant visa under section 204 of such Act or migration and Nationality Act or, if applica- f for adjustment of status to lawful permanent ble, the total number of immigrant visas ZOHREH FARHANG GHAHFAROKHI resident. that are made available to natives of the (b) ADJUSTMENT OF STATUS.—If Sepandan country of the alien’s birth under section The Clerk called the bill (H.R. 3184) Farnia or Farbod Farnia enters the United 202(e) of such Act. for the relief of Zohreh Farhang States before the filing deadline specified in (e) DENIAL OF PREFERENTIAL IMMIGRATION Ghahfarokhi. subsection (c), he shall be considered to have TREATMENT FOR CERTAIN RELATIVES.—The H8628 CONGRESSIONAL RECORD — HOUSE October 3, 2000 natural parents, brothers, and sisters of of other athletes who have been af- their family. Again, this Republican- Saeed Rezai shall not, by virtue of such rela- fected by this heart ailment. led Congress is committed to providing tionship, be accorded any right, privilege, or Toti will continue to live in the spir- our military members, both current status under the Immigration and Nation- it of his family, his teammates and all and past, with quality health care serv- ality Act. of us who were privileged to know him. ice. The bill was ordered to be engrossed f Mr. Speaker, I am proud of the ac- and read a third time, was read the complishments of this Republican-led TRIBUTE TO KRISTY KOWAL third time, and passed, and a motion to Congress, and I am proud of all the reconsider was laid on the table. (Mr. HOLDEN asked and was given men and women who have served and f permission to address the House for 1 sacrificed for their country in our mili- minute and to revise and extend his re- tary service. KERANTHA POOLE-CHRISTIAN marks.) f The Clerk called the Senate bill (S. Mr. HOLDEN. Mr. Speaker, I rise 302) for the relief of Karantha Poole- today to ask all of my colleagues in the ISSUES ON CHINA Christian. House to join me in paying tribute to (Mr. TRAFICANT asked and was There being no objection, the Clerk my constituent, Kristy Kowal. Kristy given permission to address the House read the Senate bill as follows: recently won the silver medal in the for 1 minute and to revise and extend S. 302 Woman’s 200 Meter Breaststroke at the his remarks.) Be it enacted by the Senate and House of Rep- Olympic Games in Sydney, Australia. Mr. TRAFICANT. It is a proven fact, resentatives of the United States of America in Kristy, the daughter of two very China has missiles pointed at America. Congress assembled, proud parents, Edward and Donna China bought submarines and attack SECTION 1. CLASSIFICATION AS A CHILD UNDER Kowal, is a resident of Colony Park, aircraft from Russia. China has spied THE IMMIGRATION AND NATION- Berks County, Pennsylvania, and is a on America. China has illegally pur- ALITY ACT. graduate of Wilson High School. (a) IN GENERAL.—In the administration of chased American secrets, and China is She is a 21-year-old all-American now taking $100 billion a year in cash the Immigration and Nationality Act, from the University of Georgia and Kerantha Poole-Christian shall be classified out of our economy in sweetheart trade as a child within the meaning of section holds three American records in swim- deals. If that is not enough to smell the 101(b)(1)(E) of such Act, upon approval of a ming. gun powder, a Chinese spokesman an- petition filed on her behalf by Clifton or As impressive as that may sound, nounced, and I quote, Cuba is our Com- Linette Christian, citizens of the United Kristy says she is most proud of the munist ally and China will now em- States, pursuant to section 204 of such Act. fact that she is also an academic all- brace Castro. (b) LIMITATION.—No natural parent, broth- American. Her major is education, be- er, or sister, if any, of Kerantha Poole-Chris- Beam me up. Let me caution Mem- cause her mother is a teacher, and like bers, China has more soldiers than tian shall, by virtue of such relationship, be her mother, Kristy wants to be able to accorded any right, privilege, or status under America has citizens. I yield back both the Immigration and Nationality Act. influence people and make a difference the treason of Janet Reno and the in their lives. The Senate bill was ordered to be blindness of the Congress of the United As Kristy traveled to Australia to States of America. read a third time, was read the third compete in this year’s Olympics, the time, and passed, and a motion to re- many flags and banners displayed f consider was laid on the table. around the Colony Park community MEDIA TILTS LEFT The SPEAKER pro tempore. This are a testament to the pride and sup- concludes the call of the Private Cal- port that Kristy has in the community. (Mr. SMITH of Texas asked and was endar. To be specific, there were 365 flags given permission to address the House f and 30 banners displayed on homes, for 1 minute). area businesses, and schools. We are Mr. SMITH of Texas. Mr. Speaker, THE 23 FUND KEEPING ALIVE THE also proud of her accomplishments at the evidence is mounting that the MEMORY OF RAMIRO ‘‘TOTI’’ Sydney. Kristy, congratulations on a media tilts left. In its recent poll, MENDEZ job well done. ‘‘Editor and Publisher’’ magazine found that two-thirds of newspaper readers (Ms. ROS-LEHTINEN asked and was f given permission to address the House feel that AL GORE receives preferential for 1 minute and to revise and extend BOLSTERING OUR MILITARY treatment. Most revealing, two-thirds her remarks.) FORCES of the newspaper readers who consider Ms. ROS-LEHTINEN. Mr. Speaker, (Mr. GIBBONS asked and was given themselves independents also said baseball continues to be Americans’ fa- permission to address the House for 1 there is bias favoring AL GORE. vorite pastime. Young boys who favor minute and to revise and extend his re- It is no surprise that over half of this sport dream of playing for their marks.) George Bush’s supporters says there is college teams. Mr. GIBBONS. Mr. Speaker, the first press bias, compared to less than a This dream came true for Ramiro responsibility of government is to pro- third of AL GORE’s supporters. Mendez, warmly known as Toti to his tect and defend the American citizens Media bias is dangerous to our de- teammates, his family and friends. He from threats. To meet this responsi- mocracy. It prevents the American was number 23 for Florida Inter- bility, the United States must main- people from getting the facts, and if we national University’s baseball team tain a modern, highly skilled and well- do not have the facts, we cannot make until the day he succumbed to a rare trained military force. good decisions. We should help the heart disease. As a veteran of both the Vietnam and media remember that their job is to Little is known about this heart Persian Gulf Wars, I am very proud of give us fair, objective, and impartial problem, which is oftentimes not found this Republican-led Congress that re- news reports. until it is too late. Toti’s family is mains committed to rebuilding and No one should play games with the working to pass legislation in Florida strengthening our military and to people’s right to know the facts. The that would make heart tests manda- treating our troops with the respect media should give us the news straight. tory for student physical exams. that they deserve. f In an effort to keep his memory In addition to bolstering America’s alive, Toti’s family and friends have es- military readiness, this Republican-led U.S. CUSTOMS SERVICE tablished the 23 Fund for tuition assist- Congress is working to provide a better CYBERSMUGGLING CENTER ance for other student athletes at Flor- quality of life for our servicemen and (Mr. LAMPSON asked and was given ida International University. women. permission to address the House for 1 On October 19, FIU and the AXA We are working to ensure sure that minute.) Foundation will raise scholarship funds no U.S. serviceman or woman will ever Mr. LAMPSON. Yesterday I partici- to memorialize Toti and the hundreds have to rely on food stamps just to feed pated in the ribbon-cutting ceremony October 3, 2000 CONGRESSIONAL RECORD — HOUSE H8629 for the new location of the U.S. Cus- white, students and executives, com- A MISSED DEADLINE TO REAU- toms Service Cybersmuggling Center. munity leaders, young and old. Despite THORIZE THE VIOLENCE Child pornography was a worldwide in- their differences, these people all share AGAINST WOMEN ACT dustry that was all but eradicated in one terrible reality, they have all had (Mrs. MALONEY of New York asked the 1980s. And unfortunately, it has re- cancer. They also share one wonderful and was given permission to address surfaced with vengeance thanks to reality, they have all survived cancer. the House for 1 minute and to revise computer technology. Our guests today are a few of the sur- and extend her remarks.) Although, I learned of the work of vivors featured in the photographic ex- Mrs. MALONEY of New York. Mr. the U.S. Customs Service through the hibit Beyond Cancer: Journeys of the Speaker, 3 days ago the deadline passed National Center for Missing and Ex- Human Spirit, on display through Oc- for reauthorizing the Violence Against ploited Children’s leader, Ernie Allen, I tober 14th in the Rotunda of the Can- Women Act. was so impressed with the work of the non House Office Building. The exhibit There was no good reason for the Cybersmuggling Center and its agents features pictures just like this one here Congress not to pass this important that I introduced legislation that showing the very human face of cancer bill. After all, it passed this House with would authorize much needed funds in America and telling the very per- an overwhelming majority, 415 to 3. specifically for the U.S. Customs Serv- sonal stories of the people who have Judges support this bill, police officers ice, Child Pornography Enforcement fought and overcome this terrible dis- support this bill, prosecutors support Program. ease. Beyond Cancer was developed by the bill, victims, social workers, health The U.S. Customs Service has long Milwaukee’s St. Joseph Hospital and care workers, men and women around been recognized by law enforcement brought to Washington with the sup- the Nation support this bill. It protects and the international community for port of Abbott Labs. I am honored to women from violence, it protects chil- its knowledge and skill in inves- have sponsored its display here on Cap- dren from witnessing violence, it stops tigating cases of child pornography and itol Hill. the cycle of violence. child exploitation. Proper funding of Beyond Cancer is an inspiring tribute Unfortunately, some in Congress are the Cybersmuggling Center will allow to the enduring strength of everyday talking about using this bill as a the Customs Service to continue its Americans who decide that they will sweetener, adding it to other bills to worldwide leadership in the prevention not allow cancer to define them, they help them pass. The Violence Against of the sexual exploitation and abuse of will fight to survive, and that their life Women Act deserves to pass on its own, children in the United States and is beyond cancer. and adding it to another bill to sweeten abroad. Congress got the message and Mr. Speaker, I ask that my col- it is an insult to the women of Amer- now we can commend the work done by leagues join me in giving heartfelt ica. Let us get our work done. Let us the men and women who spend their thanks to these individuals, they offer pass the Violence Against Women Act. days and nights protecting our most examples of strength, faith, and perse- f vulnerable citizens, our children. verance to which we all might aspire. f REPUBLICAN-SPONSORED LEGIS- f LATION TO HELP AMERICA’S LET US LOOK AT THE FACTS SENIORS b 1015 (Mr. SAM JOHNSON of Texas asked (Mr. KINGSTON asked and was given and was given permission to address CHARLOTTE, NORTH CAROLINA, permission to address the House for 1 the House for 1 minute and to revise THE HORNET’S NEST minute and to revise and extend his re- and extend his remarks.) marks.) Mr. SAM JOHNSON of Texas. Mr. (Mrs. MYRICK asked and was given Mr. KINGSTON. Mr. Speaker, what is Speaker, let us look at the facts. Re- permission to address the House for 1 it like to be retired in the 1990s on a publicans have locked away 100 percent minute and to revise and extend her re- fixed income with rising health care of the Social Security and Medicare marks.) costs, high prescription drugs, and ex- surplus. Republicans have eliminated Mrs. MYRICK. Mr. Speaker, while pensive, long-term residential treat- over $350 billion of our Nation’s debt Charlotte is proud of its professional ment? and will totally eliminate it by 2012. basketball teams, the Hornets and the It does not have to be this way, We asked the Vice President to join Sting, I would like to share with Mem- though. That is why this Congress, this us in dedicating another 90 percent or bers how the area first became known Republican Congress, has worked to $240 billion of next year’s surplus to- as the Hornet’s Nest. take social security money off-budget ward eliminating the debt. Unfortu- On October 3 of 1780, hungry British so that the social security trust fund nately, the Vice President does not soldiers, coming off victories in South will be secure and the money will not agree. You see he wants to spend over Carolina, were driven away by our be taken out of that lockbox and used $1 trillion on increasing the size of our local farmers. In the commotion, the for roads and bridges or congressional government. soldiers knocked over the beehives at salaries. We believe that is an impor- Most Americans would agree the Vice McIntyre’s farm, and the insects, along tant commitment to America’s seniors. President’s plan to spend 1 trillion with the Charlotteans, swarmed all That is why this Congress has passed more dollars is shortsighted. We do not over the fleeing Redcoats. the only prescription drug program, to need a bigger government. Americans Four days later, frontiersmen from make prescription drugs available and do not want, do not need and do not de- Georgia, Virginia, and both Carolinas affordable to our seniors. serve a big government spending spree. destroyed the left wing of General I might add that the other body They deserve a secure retirement and a Cornwallis’s army in less than 1 hour across the hall has yet to act on this debt-free America. of battle. important piece of legislation. Neither f News of the victory revived hopes, has the White House. But we think it is and soon patriots like Thomas Sumter, important. BEYOND CANCER: JOURNEYS OF Elijah Clarke, and Francis ‘‘the Swamp That is why this Congress has worked THE HUMAN SPIRIT Fox’’ Marion stepped up their harass- hard for cops on the streets and local (Mr. BARRETT of Wisconsin asked ment of the British troops. law enforcement grants, to make sure and was given permission to address As they say, the rest is history. Corn- that American seniors at home in their the House for 1 minute.) wallis referred to Charlotte as a ‘‘hor- retirement will be safe and secure, so Mr. BARRETT of Wisconsin. Mr. net’s nest of rebellion,’’ and his stay they can sit on their porch or walk Speaker, Wes Scott, Josie Wisialowski, lasted there only 16 days. down the street and not be worried Linda Smith, Lyle Beres, Raksha I encourage Members to join me and about being a victim of crimes. Chand, Erik Oliverson, Pat Kaldor, my fellow Carolinians in celebrating Mr. Speaker, it is our moms and dads Charlotte Lass, Val Banks, Tim Cleary, the 220th anniversary of both the Bat- we are talking about. They looked Marcia Boler, Barbara Kluth, these tle of the Bees and the Battle of Kings after us all these years. Let us not for- people are men and women, black and Mountain. get them. H8630 CONGRESSIONAL RECORD — HOUSE October 3, 2000 TRIBUTE TO HON. WILLIAM GOOD- tion in Africa, the situation in Sierra in and to two tracts of real property, includ- LING, CHAIRMAN OF THE COM- Leone. ing any improvements thereon, at the Carl MITTEE ON EDUCATION AND THE Last week, under the leadership of Vinson Department of Veterans Affairs Med- WORKFORCE the gentleman from California (Mr. ical Center, Dublin, Georgia, consisting of 39 acres, more or less, in Laurens County, Geor- (Mr. FATTAH asked and was given ROYCE), who serves as chairman of the gia. permission to address the House for 1 Subcommittee on Africa, we had a spe- (b) CONVEYANCE TO COMMUNITY SERVICE minute and to revise and extend his re- cial meeting or hearing at which we BOARD OF MIDDLE GEORGIA.—The Secretary marks.) heard from victims of the violence in of Veterans Affairs shall convey, without Mr. FATTAH. Mr. Speaker, I seek Africa. consideration, to the Community Service the opportunity to join my colleagues Just as an example, there were two 4- Board of Middle Georgia all right, title, and interest of the United States in and to three in saying a word for our party member, year-old children, both of whom had had an arm chopped off, when they tracts of real property, including any im- the retiring gentleman from Pennsyl- provements thereon, at the Carl Vinson De- vania (Mr. GOODLING). were 2 years old, by the rebels. We also partment of Veterans Affairs Medical Cen- I have had the opportunity to serve saw a student who had said, please, ter, Dublin, Georgia, consisting of 58 acres, with him for a number of terms as he don’t chop off my right hand; I am a more or less, in Laurens County, Georgia. has led the House Committee on Edu- student and I have to write with it. (c) CONDITIONS ON CONVEYANCE.—The con- cation and the Workforce. His work in They chopped off his right hand. An- veyance under subsection (a) shall be subject regard to improving the life skills and other gentleman had both arms to the condition that the real property con- veyed under that subsection be used in per- life chances of millions of young peo- chopped off. This is the type of vio- lence taking place. petuity solely for education purposes. The ple, and in particular his work in devel- conveyance under subsection (b) shall be sub- oping the Even Start Program and his But this is not a political revolution, ject to the condition that the real property support for additional resources to be this is a revolution of bandits who conveyed under that subsection be used in provided in terms of special education, wanted to get control of the diamond perpetuity solely for education and health are of particular note. mines, and in fact, they have achieved care purposes. I join with my colleagues from the that. They are financing their war with (d) SURVEY.—The exact acreage and legal State of Pennsylvania and many of us the revenue from the mines. description of the real property to be con- veyed under this section shall be determined who served with him on the House These so-called ‘‘conflict diamonds,’’ which I call bloody diamonds, are fuel- by a survey or surveys satisfactory to the Committee on Education and the Secretary of Veterans Affairs. The cost of Workforce in wishing the gentleman ing the conflict over there, and many any such survey shall not be borne by the God speed in his retirement. of those diamonds are being sold in the Secretary. f United States. We must stop the im- (e) ADDITIONAL TERMS AND CONDITIONS.— portation of those diamonds. The Secretary of Veterans Affairs may re- THE FIRST LADY SHOULD PUT Our State Department has to enforce quire such additional terms and conditions TAXPAYERS’ INTERESTS AHEAD international law, and bring pressure in connection with the conveyances under OF PERSONAL AMBITION on Charles Taylor of Liberia and others this section as the Secretary considers ap- to stop their meddling in the affairs of propriate to protect the interests of the (Mr. PITTS asked and was given per- United States. mission to address the House for 1 Sierra Leone, Above all, we must end minute and to revise and extend his re- the conflict. The SPEAKER pro tempore. Pursu- ant to the rule, the gentleman from Ar- marks.) f Mr. PITTS. Mr. Speaker, there ap- izona (Mr. STUMP) and the gentleman pears to be a double standard at the ANNOUNCEMENT BY THE SPEAKER from Illinois (Mr. EVANS) each will con- White House. At last count, the First PRO TEMPORE trol 20 minutes. Lady’s campaign for the U.S. Senate The SPEAKER pro tempore (Mr. The Chair recognizes the gentleman has cost the taxpayers well over $1 mil- BASS). Pursuant to clause 8 of rule XX, from Arizona (Mr. STUMP). lion. She is flying around the Empire the Chair announces that he will post- GENERAL LEAVE State in grand style using military air- pone further proceedings today on each Mr. STUMP. Mr. Speaker, I ask craft, full-time Secret Service protec- motion to suspend the rules on which a unanimous consent that all Members tion, not only for herself but also for recorded vote or the yeas and nays are may have 5 legislative days within her campaign aides, and continues to ordered, or on which the vote is ob- which to revise and extend their re- drag her feet in reimbursing the tax- jected to under clause 6 of rule XX. marks and include extraneous mate- payers. Any record votes on postponed ques- rials on H.R. 5139. She has reimbursed the Treasury just tions will be taken later today. The SPEAKER pro tempore. Is there over $6,000 for one 4-day campaign trip f objection to the request of the gen- in August, but in reality, this trip cost tleman from Arizona? CONVEYANCE OF CERTAIN REAL about $60,000 as they flew around in an There was no objection. PROPERTY AT CARL VINSON DE- Air Force C–20. So far she has only re- Mr. STUMP. Mr. Speaker, I yield my- PARTMENT OF VETERANS AF- imbursed the taxpayers $185,000, about self such time as I may consume. FAIRS MEDICAL CENTER 5 percent of what she owes. (Mr. STUMP asked and was given As First Lady, Mrs. Clinton should Mr. STUMP. Mr. Speaker, I move to permission to revise and extend his re- get the same security and security suspend the rules and pass the bill marks.) measures that previous First Ladies (H.R. 5139) to provide for the convey- Mr. STUMP. Mr. Speaker, H.R. 5139 have had, but the taxpayers should not ance of certain real property at the provides for the conveyance of certain be footing the bill for a political cam- Carl Vinson Department of Veterans real property at the Carl Vinson De- paign for public office. Affairs Medical Center, Dublin, Geor- partment of Veterans Affairs Medical The First Lady should put the Amer- gia. Center in Dublin, Georgia. ican taxpayers’ interests first above a The Clerk read as follows: Due to changes in the way health personal desire for power. H.R. 5139 care is delivered, the VA has consoli- f Be it enacted by the Senate and House of Rep- dated its health care in the central resentatives of the United States of America in part of this large campus in Dublin. ILLEGAL DIAMOND SALES SUP- Congress assembled, However, it continues to spend hun- PORT BRUTAL REBEL GROUPS SECTION 1. CONVEYANCE OF CERTAIN PROP- dreds of hours and tens of thousands of IN SIERRA LEONE ERTY AT THE CARL VINSON DEPART- dollars each year to maintain vacant (Mr. EHLERS asked and was given MENT OF VETERANS AFFAIRS MED- buildings and grounds on this campus. ICAL CENTER, DUBLIN, GEORGIA. permission to address the House for 1 The State of Georgia has identified (a) CONVEYANCE TO STATE BOARD OF RE- minute and to revise and extend his re- GENTS.—The Secretary of Veterans Affairs two uses for part of this campus. One marks.) shall convey, without consideration, to the part would be used to expand the Mid- Mr. EHLERS. Mr. Speaker, I rise Board of Regents of the State of Georgia all dle Georgia College, a State-run insti- today to discuss a very serious situa- right, title, and interest of the United States tution of higher learning. The other October 3, 2000 CONGRESSIONAL RECORD — HOUSE H8631 would be used by the State to expand There are many benefits with this measure, and for pursuing a new and mental health services to residents in transfer of land. The VA obviously is creative use of VA property to benefit the Dublin area. going to be able to save on the cost of both veterans and the low-income. In addition to ridding itself of the an- renovating several rundown old build- b 1030 nual maintenance costs, the VA would ings, as well as the maintenance and receive services for veterans and em- upkeep costs on those buildings. This is a bipartisan measure, and I ployees from these State-sponsored in- The VA Center employees and pa- urge all Members to support it. stitutions. tients are going to receive free tuition Mr. Speaker, I have no further re- I urge my colleagues to support the and fees to the Middle Georgia College, quests for time, and I yield back the passage of H.R. 5139. and free mental health counseling at a balance of my time. The SPEAKER pro tempore (Mr. Mr. Speaker, I reserve the balance of mental health facility that will occupy BASS). The question is on the motion my time. one of these buildings that is being offered by the gentleman from Arizona Mr. EVANS. Mr. Speaker, I yield my- transferred. self such time as I may consume. Probably one of the most important (Mr. STUMP) that the House suspend Mr. Speaker, I rise in support of H.R. features of this entire bill is that that the rules and pass the bill, H.R. 5139. The question was taken; and (two- 5139. The gentleman from Georgia (Mr. property that will be transferred to the thirds having voted in favor thereof) NORWOOD) has brought forth a measure university system of the State of Geor- the rules were suspended and the bill that is a good deal for the VA, a good gia is going to be used to build a nurs- was passed. deal for veterans, and a great deal for ing treatment facility there. A motion to reconsider was laid on the State of Georgia. It will allow the Now, in Middle Georgia it is abso- the table. VA to gain the benefit from two par- lutely a wonderful quality of life, but it cels of land which are no longer needed. is rural Georgia, and they have a very f The first parcel will be conveyed to hard time competing for nurses, for ex- HONOR GUARD FOR VETERANS the State Board of Regents to expand ample, with the Medical College of EMPOWERMENT ACT Middle Georgia College. The second Georgia in Augusta and Atlanta, Geor- Mr. STUMP. Mr. Speaker, I move to will go to Middle Georgia’s Community gia. This is going to give us a nursing suspend the rules and pass the bill Service Board to provide mental health facility right next to the hospital, (H.R. 284) to amend title 38, United services. which is so desperately needed at this States Code, to require employers to In addition to helping the VA in the particular VA hospital. give employees who are members of a cost of maintaining unnecessary In addition to that, and I am very reserve component a leave of absence grounds and obsolete buildings, the pleased about this, this is a perfect ex- for participation in honor guard for a State will also assume the cost of re- ample of the government and private funeral of a veteran, as amended. mediation of hazardous materials. In citizens working together to improve The Clerk read as follows: exchange, the VA will be able to pro- the quality of life for all of our citi- H.R. 284 vide veterans and its employees with zens. Be it enacted by the Senate and House of Rep- some good new benefits. Part of this property goes to the resentatives of the United States of America in Middle Georgia College will provide Community Services Board, and the Congress assembled, free tuition and fees to employees, private citizens of Lawrence County, SECTION 1. SHORT TITLE. their spouses, and dependents, and to Dublin, Georgia, have raised over half a This Act may be cited as the ‘‘Honor Guard any veteran receiving treatment at the million dollars already to renovate one for Veterans Empowerment Act’’. Dublin VA Medical Center. It also of- of the buildings that will be used for SEC. 2. EMPLOYERS REQUIRED TO GRANT LEAVE fers the VA priority consideration to mental health, which later, after it is OF ABSENCE FOR EMPLOYEES TO PARTICIPATE IN HONOR GUARDS offer the Board of Regents mainte- finished and completed, will be used for FOR FUNERALS OF VETERANS. nance and food services. This may our veterans or their employees. Any (a) DEFINITION OF SERVICE IN THE UNI- allow the VA to develop new funding of them that need any of these facili- FORMED SERVICES.—Section 4303(13) of title streams that will allow improved ties, it will be made available to them. 38, United States Code, is amended— health care services for veterans. So I am proud of the people of Law- (1) by striking ‘‘and’’ after ‘‘National I am pleased to lend my support for rence County because they are going to Guard duty’’; and this measure, and ask my colleagues to work to do their part to raise the pri- (2) by inserting before the period at the end join with me in giving it favorable con- vate funds to restore these buildings ‘‘, and a period for which a person is absent sideration. from employment for the purpose of per- that at the present time are frankly forming funeral honors duty as authorized Mr. Speaker, I reserve the balance of draining the VA Treasury, and are not by section 12503 of title 10 or section 115 of my time. helping one veteran in Dublin, Georgia. title 32.’’. Mr. STUMP. Mr. Speaker, I yield This move is going to help a great (b) REQUIRED LEAVE OF ABSENCE.—Section such time as he may consume to the number of veterans by increasing our 4316 of such title is amended by adding at the gentleman from Georgia (Mr. NOR- nursing staff, by making facilities end the following new subsection: WOOD), the author of the bill, to provide available to those veterans. ‘‘(e)(1) An employer shall grant an em- further details on H.R. 5139. So again, let me thank the gen- ployee who is a member of a reserve compo- nent an authorized leave of absence from a Mr. NORWOOD. Mr. Speaker, I thank tleman from Illinois (Mr. EVANS), the position of employment to allow that em- the chairman for yielding me the time. gentleman from Arizona (Mr. STUMP), ployee to perform funeral honors duty as au- Mr. Speaker, I would like to begin and all who have been involved. I en- thorized by section 12503 of title 10 or section my remarks today by thanking my col- courage each of my colleagues to let us 115 of title 32. leagues who have been very helpful in please pass this and let these folks ‘‘(2) For purposes of section 4312(e)(1) of bringing this bill to the floor on the down in Dublin, Georgia, improve the this title, an employee who takes an author- suspension calendar. VA Center and improve their mental ized leave of absence under paragraph (1) is The gentleman from Arizona (Chair- deemed to have notified the employer of the health and improve their nursing fa- employee’s intent to return to such position man STUMP) and the ranking member, cilities. of employment.’’. the gentleman from Illinois (Mr. Mr. EVANS. Mr. Speaker, I have no (c) EFFECTIVE DATE.—The amendments EVANS), of the Committee on Veterans’ further requests for time, and I yield made by subsections (a) and (b) shall take ef- Affairs, have been very helpful to us on back the balance of my time. fect 180 days after the date of the enactment this. I thank them and their staffs. Mr. STUMP. Mr. Speaker, I yield my- of this Act. As has been pointed out, Mr. Speak- self such time as I may consume. The SPEAKER pro tempore. Pursu- er, this bill provides for the conveyance I want to thank the gentleman from ant to the rule, the gentleman from Ar- of property from the Carl Vinson VA Illinois (Mr. EVANS) for his concurrence izona (Mr. STUMP) and the gentleman Medical Center in Dublin, Georgia, to in considering this legislation in such a from Illinois (Mr. EVANS) each will con- Middle Georgia College and the Com- timely manner. I would also like to trol 20 minutes. munity Service Board of Middle Geor- commend the gentleman from Georgia The Chair recognizes the gentleman gia. (Mr. NORWOOD) for all his work on this from Arizona (Mr. STUMP). H8632 CONGRESSIONAL RECORD — HOUSE October 3, 2000 GENERAL LEAVE SWEENEY), the author of H.R. 284, for serve component to assist with the per- Mr. STUMP. Mr. Speaker, I ask further explanation. formance of these honored burial du- unanimous consent that all Members Mr. SWEENEY. Mr. Speaker, I thank ties. In fact, it is hard to imagine how may have 5 legislative days within the gentleman from Arizona (Chairman the new burial policies would succeed which to revise and extend their re- STUMP) for yielding me this time. without the enthusiastic support and marks and include extraneous material Mr. Speaker, I rise today to ask my participation of reservists. on H.R. 284, as amended. colleagues to support H.R. 284, the Mr. Speaker, the ready reservists The SPEAKER pro tempore. Is there Honor Guard for Veterans Empower- represent a quality force of nearly 1.3 objection to the request of the gen- ment Act. million soldiers, sailors, and airmen tleman from Arizona? First, I want to give my heartfelt who can assist with the performance of There was no objection. thanks to the gentleman from Arizona honor guard duty at a veteran’s fu- Mr. STUMP. Mr. Speaker, I yield my- (Chairman STUMP). I know it was his neral. self such time as I may consume. great efforts that got this bill to the The Department of Defense is devel- Mr. Speaker, H.R. 284 would require floor today on suspension, and the gen- oping a statistical program to track employers to give employees who are a tleman from Illinois (Mr. EVANS), rank- the number of funeral honors per- member of a reserve component a leave ing member, for all of their work in as- formed by the service. That informa- of absence for participation in an honor sisting me to bring this legislation to tion is currently unknown, but I can guard for the funeral of a veteran. the floor today. tell my colleagues those numbers will Mr. Speaker, there has been substan- Mr. Speaker, H.R. 284 codifies the grow rapidly in the next several years. tial progress made over the last several performance of voluntary inactive- Current defense policy allows reserv- years towards making military honors duty funeral honors by reserve compo- ists to receive a $50 stipend, one retire- available for funerals of veterans. The nent members as protected under title ment point, and travel reimbursement plan adopted recently by the Depart- 38, chapter 43 of the United States for expenses if they travel over 50 miles ment of Defense envisions that reserv- Code. from home during the performance of H.R. 284 makes sense because it clari- ists and guardsmen will perform a sub- the funeral duties for a veteran. fies current law. It protects members stantial part of this important funeral These soldiers are placed on inactive of our reserve forces. It educates em- duty. Under existing law, a reservist is duty status and perform a function on ployers and requires no government entitled to job protection for absences a voluntary basis without a full day’s spending. Finally, it supports our Na- due to military obligations. This bill pay, primarily out of patriotism, Mr. tion’s veterans. would simply clarify that performing Mr. Speaker, we know that our vet- Speaker, and respect for our veteran funerals is treated like any other mili- eran population is growing older. We population. tary obligation for purposes of the law know that more of these heroes are be- The compensation they receive, I which provide reservists job protection. ginning to pass away. The Department should point out, is hardly enough to Mr. Speaker, I reserve the balance of of Veterans Affairs expects the annual risk losing a full-time civilian job my time. veteran death rate to peak at 614,000 in should their employer balk at the pros- Mr. EVANS. Mr. Speaker, I yield my- the year 2008. That averages out to pect of the service member missing a self such time as I may consume. about 1,700 veterans’ funerals each day day of work. H.R. 284 addresses that po- Mr. Speaker, I thank the gentleman by the year 2008. tential service member-employer situa- from New York (Mr. SWEENEY) for his Mr. Speaker, with this trend comes tion. leadership on this important legisla- increasing requests by veterans and H.R. 284 clarifies title 38, United tion on behalf of the Nation’s veterans their families for military honors at fu- States Code, chapter 43 regarding em- and their family. As one of the House nerals. The Department of Defense es- ployment and reemployment rights of authors of the law that mandated timates these funeral requests could members of the uniformed services by standards for honor guard participa- reach anywhere from 270,000 to 465,000 ensuring reserve component members tion in the funerals of veterans, I be- per year by 2008. performing voluntary inactive-duty fu- lieve this bill will help our Nation live Coupled with the increasing death neral honors duty are protected. up to its commitment to those vet- rate, there has also been a shrinking of This bill provides an additional in- erans. our active duty military forces. The ac- centive for reserve component mem- Mr. Speaker, the bill would amend tive duty military has declined by 1.4 bers to perform burial service duty and title 38, U.S. Code, to require employ- million today, a 35 percent decrease educates employers about the reserv- ers to give employees who are members from 1989. ists’ vital role in these funerals. of the ready reserve a leave of absence Active duty forces are just not avail- Before closing, let me briefly men- to participate in honor guard funerals able in sufficient quantity to perform tion the amendments to the version of for veterans. the enormous number of military H.R. 248 which is before us today. It is sad when a veteran of the armed honor funerals which are being antici- After substantial discussion with the services dies. Often his or her family pated to occur over the next several Department of Defense and the Depart- wants a simple honor guard to accom- years. That is why we introduced H.R. ment of Labor, it was determined that pany that service. It is sadder still 284. two technical corrections were nec- when no such honor guard can be pro- This year, the Department of De- essary to fine-tune this legislation. vided. fense, as well, implemented new poli- Based on the Department’s rec- This bill would make provisions for cies on military honor funerals, Mr. ommendations, we have inserted the such an honor guard without requiring Speaker. At a minimum, the military leave of absence language and specific the Department of Defense to send ac- now must send two service members, a duty authorization language into sec- tive-duty personnel for the task. Mem- flag, a recording of Taps to be played tion 4303, subsection 13 of title 38, as bers of the reserve components, vet- at each veterans funeral service. At well as section 4312. These changes help erans themselves, can volunteer to pro- least one of the two-member honor clarify title 38. vide those honors. guard must be from the service of the H.R. 284 makes sense, Mr. Speaker, Mr. Speaker, H.R. 284 is a bipartisan deceased veteran. because it clarifies current law, pro- effort to honor our Nation’s veterans The combination of an increased vet- tects members of our reserve forces, and their families for their sacrifices. I eran death rate and reduction in active educates employers, creates no new strongly support H.R. 284, as amended, duty forces has placed us in a troubling government spending, and supports our and urge my colleagues to approve this situation. We have committed support Nation’s veterans. I ask my colleagues important legislation. to our veterans, yet appear not to have to support its passage. Mr. Speaker, I reserve the balance of the active duty forces to provide ade- Mr. Speaker, in closing, I again want my time. quate funeral honors for veterans who to give my substantial thanks to the Mr. STUMP. Mr. Speaker, I yield deserve it. gentleman from Arizona (Chairman such time as he may consume to the As a result, the Department of De- STUMP) and to the gentleman from Illi- gentleman from New York (Mr. fense is increasingly turning to its re- nois (Mr. EVANS), ranking member, for October 3, 2000 CONGRESSIONAL RECORD — HOUSE H8633 assisting me in bringing this legisla- gentleman from New York (Mr. QUINN), Fully one-third of the homeless peo- tion to the floor. I would also like to the chairman of our Subcommittee on ple in this country are veterans. So we thank the members of the committee Benefits. will agree to disagree sometimes about for moving on this. Finally, I would Mr. QUINN. Mr. Speaker, I want to whether or not we have full funding or like to thank the over 100 members begin by thanking the gentleman from adequate funding for health coverage, who cosponsored this important legis- Arizona (Mr. STUMP) and the gen- for education benefits, for housing ben- lation. tleman from Illinois (Mr. EVANS) for efits for the homeless veterans, but The Honor Guard for Veterans Em- their normal bipartisan approach to when it comes to burial, when it comes powerment Act is an important effort this issue here this morning, as we al- time, as the gentlewoman from Cali- to protect the reserve component serv- ways approach these issues in the Com- fornia (Ms. SANCHEZ) just pointed out a ice members, educate and motivate mittee on Veterans Affairs in the Con- few moments ago, to talk about the employers, and support our veteran gress. family that remains after a veteran population. Also, besides thanking the gentleman passes on, we really need to step up to Mr. EVANS. Mr. Speaker, I yield from Arizona and the gentleman from the plate and make certain that these such time as she may consume to the Illinois, it is an opportunity for me to veterans and their families are given gentlewoman from California (Ms. thank the gentleman from New York the honor and dignity that they de- SANCHEZ). (Mr. SWEENEY) from the Saratoga re- serve. Ms. SANCHEZ. Mr. Speaker, I cannot gion of New York, who just opened, by The gentleman from New York (Mr. tell my colleagues how many times I the way, a brand-new national ceme- SWEENEY) brings us a bill this morning have received a phone call to my office tery in Saratoga, New York, Mr. that does exactly that and, at the same from somebody whose father or brother Speaker, this past year, and under- time, makes certain that our reservists or sister are now deceased, who have stands clearly what it is about to pay are also given the opportunities that been a veteran, and the phone call has tribute to veterans who have served they need to protect the job back usually been about trying to get an their country. home, and to make certain that they honor guard to the funeral. So I join in support from the Sub- have done what they have done for Usually they are distraught because, committee on Benefits’ perspective to their families at the right time and of course, when we go through some- support H.R. 284 this morning, the place. thing like that, especially for someone H.R. 284, then, is that bipartisan ap- who has served with honor in the mili- Honor Guard for Veterans Empower- proach that we talk about so often here tary, and not to be able to have an ment Act, and also urge all of our col- in the House of Representatives. I am honor guard at their funeral seems un- leagues later today to vote in the af- happy to join, and my colleague, the just. And, in fact, it is. firmative on this. In the year 2000 Defense authoriza- In the Subcommittee on Benefits, gentleman from California (Mr. FIL- tion bill, we actually wrote legislation, Mr. Speaker, we have had opportunity NER), the ranking member on the Sub- we wrote some words that talked about this past year or two to visit this whole committee on Benefits, joins me this each and every veteran having an discussion of burial for our veterans. It morning and all others in supporting honor guard at their funeral. Well, that is interesting to me when we have an H.R. 284. This is common sense ap- is because it is a promise that we opportunity, and just last year a num- proach to making certain that dignity made. It is something for our country ber of us traveled over to Arlington to and honor is afforded to the veterans in to uphold. view right here in D.C. and over in Ar- our country. But due to the large and aging popu- lington, Virginia, the situation for bur- Mr. Speaker, I want to thank the lation of World War II and Korean vet- ials in the columbarium as well as full chairman of the committee, the gen- erans, we anticipate about 600,000 fu- burial service. tleman from Arizona (Mr. STUMP), and nerals this year. What that means is, It is interesting for us to see on the the ranking member, the gentleman as we have cut back on our current committee the support we get when we from Illinois (Mr. EVANS), as well as service personnel, and as we send them bring bills like this to the floor and the the gentleman from New York (Mr. around the world, we have fewer and support that we need during the course SWEENEY). fewer of them around to help with that of the year to make certain that we Mr. EVANS. Mr. Speaker, I have no duty at funerals. So we have begun to budget the kind of money, the kind of further requests for time, and I yield rely on our reservists to help with this. personnel that would be necessary to back the balance of my time. The more the reservists go out to con- make certain when we have an oppor- Mr. STUMP. Mr. Speaker, I yield my- duct that, the more time actually they tunity that we treat our veterans the self such time as I may consume, and I have to spend away from their employ- way they should be treated, with dig- want to thank again the gentleman ment. nity and with honor. from Illinois (Mr. EVANS), the ranking member, and the gentleman from New So this is really a resolution to let b 1045 employers know how important it is York (Mr. QUINN), the chairman of the for our reservists to take the time to That is why the gentleman from New subcommittee, as well as the ranking go and honor the commitment that York (Mr. SWEENEY) has really hit the member of that subcommittee for all this Nation has made. It is important mark this morning with a common their work in bringing this to the floor. for us to explain to employers. It is im- sense approach to this issue. He under- I also want to commend the gen- portant for Americans to understand stands what that means, and we all owe tleman from New York (Mr. SWEENEY) that we are trying to hold to that com- him a debt of gratitude. for all the hard work he has done and mitment. It is important that, when It is also an opportunity for me to for sponsoring this bill, as the chief duty calls, reservists do not jeopardize just take a few brief moments this sponsor. their jobs. morning to talk about other work on Mr. Speaker, this may be the last bill This Nation and this Congress must the subcommittee. We, from time to the Committee on Veterans’ Affairs stand behind our reservists. That is time, debate here on the floor, and cer- brings to the House floor under suspen- why I would ask my fellow colleagues tainly back in our district, I know in sion, and I believe we can be very proud to approve House Resolution 284, be- Buffalo, New York and Saratoga, New of the legislative achievements we cause it is a reaffirmation of great York and Arizona and Illinois and have passed in the House during this honor to those who have served with other places have a chance to discuss last 106th Congress. From health care, honor to our country. Congress reaf- whether or not we are meeting the to disability compensation and na- firms that; and when we do that, Amer- needs of our veterans when it comes to tional cemetery issues, the House has ica reaffirms the work that these vet- health care, for example; when it maintained its bipartisan tradition. By erans have done. comes to education benefits for our working together, with the best inter- I support this bill, and I urge my col- veterans; when it comes to housing est of veterans in mind, and putting leagues to support the bill also. benefits; or whether or not we are dis- partisan politics aside, Congress has Mr. STUMP. Mr. Speaker, I yield cussing the important issue of home- improved the lives of veterans and such time as he may consume to the lessness among our veterans. their families throughout the Nation. H8634 CONGRESSIONAL RECORD — HOUSE October 3, 2000 I want to express my appreciation to H.R. 284 sets in statute language protecting lution (H. Res. 278) expressing the sense the leadership of this House, to the the performance of voluntary inactive-duty fu- of the House of Representatives regard- members of the committee, and espe- neral honors by Reserve component mem- ing the importance of education, early cially to the chairmen of the sub- bers. This is an important development in light detection and treatment, and other ef- committees and their ranking mem- of the increase in military funerals over the forts in the fight against breast cancer. bers. And I want to single out and offer past 2 years. The Clerk read as follows: a special note of thanks to the gen- Last year the Congress passed legislation H. RES. 278 tleman from Illinois (Mr. EVANS), the requiring the Department of Defense to pro- Whereas an estimated 175,000 women and ranking Democrat of the Committee on vide personnel for military funerals whenever 1,300 men will be diagnosed with breast can- Veterans’ Affairs, for all his work and an eligible veteran's family made such a re- cer in 1999, and an estimated 43,300 women for the legislation that we have been quest. However, manpower shortages in our and 400 men will die of the disease; able to enact. He and his staff have active duty forces have made fulfillment of this Whereas breast cancer is the most common been truly great to work with this form of cancer among women, excluding skin task problematic. cancers; year, as well as previous years. He is Moreover, the number of requests by vet- thoroughly committed to improving Whereas breast cancer is the second lead- erans and their families for military honors at ing cause of cancer death among all women the lives of veterans; and due to his funerals is on the rise. During the first 6 and the leading cause of cancer death among contributions to the legislative proc- months of 2000, the number of such requests women between ages 40 and 55; ess, we have improved our work prod- was 21 percent higher over the same period Whereas breast cancer can often be treated ucts immensely. in the previous year. most successfully if detected early on; I want to acknowledge the contribu- Whereas education, regular clinical and As a result of these two factors, the Depart- tion of the majority staff for this com- self-examinations, regular mammograms, ment of Defense has had to place an increas- mittee’s work. Staff plays a key role in and biopsies (when appropriate) are critical ing reliance on its Reserve components for the getting bills enacted, and it is impor- to detecting and treating breast cancer in a performance of their duties. Yet current regu- tant to recognize the contribution they timely manner; lations do not reflect this reality, offering small Whereas the American Cancer Society rec- make to the legislative process, and I compensation to the Reservist in exchange for ommends that all women aged 40 and over thank them all for the work that they the possible loss of a full-time job. have annual screening mammograms and have done this year. That said, Mr. H.R. 284 protects Reservists by ensuring clinical breast examinations by health pro- Speaker, I urge my colleagues to sup- the performance of voluntary inactive-duty fu- fessionals, that women aged 20 to 39 have port H.R. 284. clinical examinations every three years, and Mr. PICKERING. Mr. Speaker, I rise today, neral honors by Reserve component members that all women aged 20 and over perform a as a cosponsor of H.R. 284, to support this is protected under title 38, United States breast self-examination every month; and measure, the ``Honor Guard for Veterans Em- Code, chapter 43. It also offers additional in- Whereas the House of Representatives as powerment Act.'' This bill does a tremendous centives to reservists for the performing of an institution and Members of Congress as these duties, and educates employers about individuals are in unique positions to help service to the men and women who so honor- raise public awareness about the detection ably served our country to preserve the free- the vital role played by reservists in veterans funerals. and treatment of breast cancer and to sup- dom and prosperity we enjoy today. There is port the fight against breast cancer: Now, no doubt that those women and men deserve Mr. Speaker, since this legislation is des- therefore, be it to have an Honor Guard funeral on their burial perately needed, I urge my colleagues to lend Resolved, That it is the sense of the House day. The Honor Guard for Veterans Empower- it their wholehearted support. of Representatives that— ment Act is a critical piece in fulfilling this Mr. STUMP. Mr. Speaker, I have no (1) all Americans, and above all women, countries obligation to our Veteran community. further requests for time, and I yield should take an active role in the fight As the member who represents Congress- back the balance of my time. against breast cancer by using all the means man Sonny Montgomery's district I am proud The SPEAKER pro tempore (Mr. available to them, including regular clinical and self-examinations, regular mammo- to continue his legacy as a defender of our BASS). The question is on the motion offered by the gentleman from Arizona grams, and biopsies (when appropriate); Veterans' rights. I believe this legislation con- (2) the role played by national and commu- tinues the work he left in defending and hon- (Mr. STUMP) that the House suspend nity organizations and health care providers oring those who served this country in the the rules and pass the bill, H.R. 284, as in promoting awareness of the importance of time of greatest need. amended. regular clinical and self-examinations, reg- I strongly support the Defense Departments The question was taken; and (two- ular mammograms, and biopsies (when ap- January 1st, 2000 decision, ensuring that all thirds having voted in favor thereof) propriate), and in providing information, veterans desiring a military funeral will have the rules were suspended and the bill, support, and access to services, should be the opportunity. This legislation makes that as amended, was passed. recognized and applauded; and A motion to reconsider was laid on (3) the Federal Government has a responsi- commitment viable. H.R. 284 responds to the bility to— 21% growth in request for an honor guard fu- the table. (A) endeavor to raise awareness about the neral. It is critical that we have the resources f importance of the early detection of, and to provide the greatest generation with the proper treatment for, breast cancer; honor they are due on the day they are laid RECESS (B) continue to fund research so that the to rest. The SPEAKER pro tempore. Pursu- causes of, and improved treatment for, Mr. KUCINICH. Mr. Speaker, I strongly sup- ant to clause 12 of rule I, the Chair de- breast cancer may be discovered; and port H.R. 284, which will allow Reservists to clares the House in recess for approxi- (C) continue to consider ways to improve serve at military funerals by granting them the access to, and the quality of, health services mately 10 minutes. for detecting and treating breast cancer. necessary release of time from their civilian Accordingly (at 10 o’clock and 53 jobs. Active military personnel are shrinking in minutes a.m.), the House stood in re- The SPEAKER pro tempore. Pursu- numbers and the number of funerals per- cess for approximately 10 minutes. ant to the rule, the gentleman from Oklahoma (Mr. COBURN) and the gen- formed are rising each year. Add to this the f new policy adopted by the Department of De- tleman from Ohio (Mr. BROWN) each fense ensuring that all veterans receive a b 1101 will control 20 minutes. The Chair recognizes the gentleman proper military honor funeral, and we must call AFTER RECESS upon the Reservists to perform occasionally in from Oklahoma (Mr. COBURN). this capacity. These people should be sup- The recess having expired, the House Mr. COBURN. Mr. Speaker, I yield ported for their willingness to serve this func- was called to order by the Speaker pro myself such time as I may consume. tion and this bill will protect them in regard to tempore (Mr. PEASE) at 11 o’clock and Mr. Speaker, October is National their civilian employers. For these reasons I 1 minute a.m. Breast Cancer Awareness Month. In our urge passage of this important bill. f country this year, 175,000 women will Mr. GILMAN. Mr. Speaker, I rise today in be diagnosed with breast cancer. That strong support of H.R. 284, the Honor Guard SENSE OF HOUSE REGARDING is very personal to me in that my sis- for Veterans Empowerment Act. I urge my col- FIGHT AGAINST BREAST CANCER ter has been diagnosed with it, my sis- leagues to join in supporting this urgently Mr. COBURN. Mr. Speaker, I move to ter-in-law, and a very close first cousin needed legislation. suspend the rules and agree to the reso- recently died of this disease. October 3, 2000 CONGRESSIONAL RECORD — HOUSE H8635 The facts that face American women Mr. Speaker, I reserve the balance of Mr. BROWN of Ohio. Mr. Speaker, I is one in eight women in this country my time. yield myself such time as I may con- will encounter this disease at some Mr. COBURN. Mr. Speaker, I yield sume. time in the future. Prevention is a key such time as he may consume to the Mr. Speaker, I have a couple of com- to diagnosis. And as a practicing physi- gentleman from New Hampshire (Mr. ments. cian that has diagnosed multiple BASS). The Congress is considering H. Res. women with breast cancer, I know the Mr. BASS. Mr. Speaker, I thank the 278, which it is late in the session, and importance of improving awareness distinguished gentleman from Okla- this is a good thing. As I said, I support and improving the knowledge of women homa for yielding to me. it. I am a cosponsor. It seems like if we in our country and men as to the pre- Mr. Speaker, I am pleased today to look at this, virtually every Member of ventive measures that can take place. rise to ask my colleagues to support the House almost is a cosponsor. But I also think it is incumbent upon me this breast cancer awareness resolu- this is a resolution that other than to make sure that the American public tion, a similar one I introduced last saying, we are against breast cancer, is aware of the connection between the year, as well, which also passed. we are fighting against breast cancer, incidence of breast cancer and abor- This will indeed be the second con- we as a body want to go on record say- tion. secutive Congress to pass such a reso- ing we think breast cancer is a bad There has now been, throughout the lution. I look forward to building on thing, encouraging women to do self- United States and Europe, 32 studies of this work with my colleagues in future examination beginning at the age of 20, which 29 absolutely connect a marked Congresses. encouraging women between 20 and 40 I also want to thank the House lead- increase in the likelihood of breast to get every-three-year examinations ership and the gentleman from Vir- cancer when one has had an abortion. from their doctor, encouraging women ginia (Chairman BLILEY) and the gen- That goes up if that abortion occurred from 40 to get annual examinations es- tleman from Florida (Mr. BILIRAKIS) before 18 or after 30, but nevertheless, and, of course, the gentlemen on both pecially if they have a family history, the risk is twofold. sides of the aisle here for their help and all of those things, and this Congress Unfortunately, many in our country leadership on this issue, as well as the has not, Mr. Speaker, tackled the real do not want the benefits of that sci- leadership of Members like the gentle- issues in health care. entific data known, and that is unfor- We still have not passed a prescrip- woman from California (Ms. DUNN) and tunate. Nevertheless, I think the key the gentlewoman from New York (Mrs. tion drug bill through this Congress. thing is that we want women to be We still have not passed a Patients’ KELLY) and the gentleman from Texas aware of what they can do to protect Bill of Rights through this Congress. It (Mr. BENTSEN) as well as over a hun- themselves against breast cancer. We dred other Members of Congress who is locked in conference committee. We want to encourage the awareness on chose to cosponsor this resolution. still have not sent to the President the the part of women in our country for Mr. Speaker, the resolution outlines Ryan White bill. We still have not sent risk factors associated with that be- the devastating impact that breast to the President the bill on health dis- sides family members, smoking, as well cancer has on far too many women as parities. The real issues that we ought as abortion. well as men every single year. But it to be addressing we have simply shunt- Mr. Speaker, I reserve the balance of also notes the critical difference that ed side. my time. education, early detection and effec- We are passing this resolution. Mr. BROWN of Ohio. Mr. Speaker, I tive treatment can make. Again, I support this resolution. But yield myself such time as I may con- Moreover, it reminds each and every we are passing resolutions that say sume. one of us of the role that we can play nice things and tell us all to do good Mr. Speaker, I rise in support of H. both as individual Members and as an things, but we simply are not moving Res. 278, the importance of education, institution in educating our constitu- in the direction this Congress should early detection and treatment, and ents and raising awareness of breast move. other efforts in fighting breast cancer. cancer. And that is really the key to Mr. Speaker, I yield 21⁄2 minutes to I will be brief because I believe we will this resolution. The Congress can play my friend, the gentleman from New have a handful of speakers that want a role in communicating an important Jersey (Mr. PASCRELL). to talk on this. message to the American people and Mr. PASCRELL. Mr. Speaker, I As my friend the gentleman from that message and the effective commu- thank the gentleman from Ohio (Mr. Oklahoma (Mr. COBURN) said, October nication of it may save countless lives BROWN) for yielding me the time and is National Breast Cancer Month. One over the next year. also recognize and commend the work out of eight women in this country will Now, the last decade saw a leveling of the gentleman from New Hampshire at some point in their lives be diag- off of the incidence rate and an in- (Mr. BASS) for his leadership on this nosed with breast cancer. crease in the survival rate. But as we issue. Nothing is more important than heard a minute ago, breast cancer con- Mr. Speaker, breast cancer is the early detection. Clearly, we know that tinues to remain the most common most common form of cancer in Amer- nothing is more important than edu- form of cancer among women and the ica excluding skin cancers and claims cation and women doing everything second leading cause of cancer deaths the lives of approximately 40,000 from self-examination to mammo- nationwide. women in the United States each year. grams to making sure that they make More than 180,000 women and some My friend, the gentleman from Okla- frequent visits to the doctor and espe- 1,400 men will be diagnosed with breast homa (Mr. COBURN), has brought this to cially examinations after the age of 40. cancer this year; and nearly 41,000 our attention time and time again on We founded in Ohio some time ago, women and 400 men will die of this dis- health matters. about 6 or 7 years ago, the Northeast ease. An estimated three million women in Ohio Breast Cancer Task Force. That Mr. Speaker, no woman, no man, no the United States are living with task force has been especially active in family should have to suffer all that breast cancer. Another two million working with local physicians and comes with breast cancer. But each and have been diagnosed. And an estimated nurses and working with other pro- every one of us must do everything we one million do not yet know they have viders and especially has been active in can to raise awareness of this disease the disease. educating women of all ages through- and the importance and methods of One out of every eight women in the out Northeast Ohio in terms of edu- early detection and treatment. United States will develop breast can- cation and in terms of self-examination As was mentioned before, October is cer in her lifetime, a risk that was one and all of that. Breast Cancer Awareness Month; and out of 14 in 1960. So we are making So, Mr. Speaker, this resolution is National Mammography Day is on Oc- progress. But it is not good enough. important for all of us. It is important tober 20. With this in mind, I urge my This year a new case will be diag- for our daughters and for our wives and colleagues to pass this resolution today nosed every 3 minutes, and a woman for our mothers and for our sisters and and to adhere to its call upon us all to will die from breast cancer every 12 for our families. fight this deadly disease. minutes. Of all women diagnosed with H8636 CONGRESSIONAL RECORD — HOUSE October 3, 2000 breast cancer, 48 percent will die from Mr. Speaker, I reserve the balance of bill that has 220 cosponsors. It is a bi- it within 20 years. my time. partisan bill. I hope that I can engage This resolution recognizes the impor- b 1115 my colleagues in this effort to help us tance of education, early detection and to bring this bill to the floor. treatment of breast cancer, which is Mr. BROWN of Ohio. Mr. Speaker, I Mr. COBURN. Mr. Speaker, I yield critical to millions of women and men yield 3 minutes to the gentlewoman myself such time as I may consume. and their families across this country. from Connecticut (Ms. DELAURO). In response, I would just say I would This resolution is especially timely Ms. DELAURO. Mr. Speaker, I want hope that the gentlewoman would help because October is the month we recog- to thank the gentleman from New us provide the knowledge about human nize this horrible disease. All across Hampshire (Mr. BASS) for bringing this papilloma virus as she has on this be- America people are walking, spreading resolution to the floor today. Increased cause that causes 99 percent of the cer- education materials, sponsoring free awareness is vital if we are, in fact, to vical cancer in this country and we mammograms, and hosting charity empower women in the fight against have an attempt at covering up the walks to commemorate loved ones that breast cancer. I thank my colleague for pathogenesis and the significant pene- are still fighting the battle against drawing attention to this issue. tration of that disease in this country. breast cancer. Over the past 10 years, we have made I thank the gentlewoman for her work. As Members of Congress, we have a great strides in the fight against breast Mr. Speaker, I reserve the balance of responsibility to follow the tenet laid cancer through an increased invest- my time. out in this resolution. We must raise ment in biomedical research at the Na- Mr. BROWN of Ohio. Mr. Speaker, I the profile of the significance, the im- tional Institutes of Health. But sadly, yield 2 minutes to the gentlewoman portance of regular checkups, breast for many women, the fight against from New York (Mrs. MCCARTHY). self-examinations, and early mammo- breast cancer also means waging a bat- Mrs. MCCARTHY of New York. Mr. grams. tle with their HMO over the amount of Speaker, I rise in support of this legis- I encourage my colleagues to do the time that they can stay in a hospital. lation because this disease is too close same and to promote and participate in Studies have shown that the average for comfort for so many women and Breast Cancer Awareness Month activi- hospital stay for breast cancer patients their families. On Long Island, one in ties across this country. I commend in Connecticut and across the Nation is nine women have had to face the living those who brought it to this floor, and decreasing. Despite the medical stand- nightmare of breast cancer. I am proud to be a cosponsor of this ard of 2 to 4 days to recuperate and October is Breast Cancer Awareness legislation. I salute Members on both gain physical and emotional strength, Month. I look forward to the day when sides of the aisle. insurance companies regularly refuse we no longer have to dedicate a month Mr. COBURN. Mr. Speaker, I yield to cover a hospital stay and women to bring attention to this disease, be- cause that will mean we have found a myself such time as I may consume. find themselves forced to leave the hos- Mr. Speaker, I would like to thank cure. pital only hours after surgery, still the gentleman from New Hampshire Mr. Speaker, as a nurse, I have seen groggy from the anesthesia and in (Mr. BASS) for his leadership on this firsthand the toll that this disease physical and emotional pain. resolution. It is important to note that takes on everyone involved. In addi- This is the reason I introduced the in fact information is power and power tion, my area has one of the highest Breast Cancer Patient Protection Act, leads to decisions that can save peo- incidences of breast cancer in the coun- H.R. 116. The legislation ensures that ple’s lives. try. On Long Island, approximately 127 The other thing I would like to an- women receive the care they need and of every 100,000 women will be diag- swer in direction to the gentleman deserve while recovering from breast nosed with breast cancer compared cancer surgery by guaranteeing a min- from Ohio (Mr. BROWN) and his com- with 100 of every 100,000 nationwide. ments, we have the breast and cervical imum stay of 48 hours for a woman who Because of these frightening statistics, awareness bill that is being held up at is having a mastectomy and 24 hours we must increase funding for research, this very time. The reason it is not for a woman undergoing a lymph node we must find what the environmental coming out of conference is because removal. It simply says that any deci- causes are, we must raise awareness, there are people who do not want sion in favor of a longer or shorter hos- and we must find a cure today, because women to have information about cer- pital stay will be made by a doctor and time is running out for too many of our vical cancer. a patient, not an HMO. loved ones. The fact that they are objecting to The bill has the bipartisan support of I urge all of my colleagues to pass the fact that women would be notified over 220 cosponsors, more than enough, this legislation and help find a cure that human pappiloma virus, the num- I might add, to be able to pass this today. ber one sexually transmitted disease in House. Yet regrettably the leadership Mr. BROWN of Ohio. Mr. Speaker, I the country that infects almost 40 mil- of this House has refused to allow the yield 3 minutes to the gentleman from lion women today and 30 million men, Breast Cancer Patient Protection Act Texas (Mr. BENTSEN). is the number one cause 99 percent of to be considered on the floor. Resolu- (Mr. BENTSEN asked and was given the time that causes cervical cancer tions and raising awareness are vital, permission to revise and extend his re- and we cannot get that bill that will and I wholeheartedly support this ef- marks.) help women of moderate and poor fort. It is through education and the Mr. BENTSEN. Mr. Speaker, I rise means the treatment that they need awareness of this issue that, in fact, so today in strong support of this legisla- for breast and cervical cancer is be- much and so many of our resources tion that would express the sense of cause somebody does not want them to have been directed at breast cancer. We the House of Representatives that all have that information. also need to empower women as they Americans should take an active role And so, the people that do not want struggle with breast cancer. I urge the in the fight against breast cancer. As a women to have that information are leadership of this House to bring this cosponsor of this legislation, I believe the people that do not want us to ever bipartisan bill to the floor. it is vitally important that we raise do anything despite the fact that I have said on this floor many times awareness about this disease. condoms are not 100 percent effective in the past that I am a survivor of The statistics about breast cancer protection, and in fact they are not ovarian cancer. When I went home, I are alarming. In 1999, an estimated protective at all according to the direc- had a very loving family. They were 175,000 Americans will be diagnosed tor of the NIH and the National Cancer not health care professionals but they with breast cancer. In addition, more Institute. cared deeply and took care of me. Hav- than 45,000 Americans will die of this So, back to the subject at hand. This ing the additional stay in the hospital disease this year. Breast cancer is the is an important bill. I am very thank- for someone who is facing a life-threat- leading cause of death among women ful to the gentleman from New Hamp- ening illness is so critically important aged 40 to 55. This legislation will help shire (Mr. BASS), as is the whole Com- to both their physical well-being and to educate more Americans about this mittee on Commerce, for his leadership survival as well as their emotional disease and how early detection of in this. well-being and survival. We can pass a breast cancer can save lives. October 3, 2000 CONGRESSIONAL RECORD — HOUSE H8637 With early detection, many breast grams and that they do what is nec- Mr. Speaker, I yield back the balance cancer patients can have successful essary in order to find early detection of my time. outcomes. All Americans should use all should they be stricken with this ter- Mr. COBURN. Mr. Speaker, I yield of the diagnostic tools available to rible disease. myself such time as I may consume. I them to catch this disease in its ear- Also, I would like to point out the want to relate a story about a woman liest stages. If found, many breast can- new technology, the digital technology by the name of Sharon Coburn Wetz. cers can be cured. However, late detec- out there that is just now coming on- She was a scrub nurse RN for a surgeon tion reduces the survival rates of these line. The gentleman from Wisconsin in Midwest City, Oklahoma. The vast patients. Today, all Americans should (Mr. KLECZKA) and I have cosponsored a majority of her early career was spent get regular clinical breast exams as bill along with others in order to fund in assisting on surgery of the breast. well as mammograms. All women the digital equipment and this new Ironically, in 1983 she developed breast should also be encouraged to conduct technology. I would urge all of my col- cancer herself as a very young woman. monthly self-examinations. These self- leagues to vote in favor of this bill. This last year she died as a result of examinations can empower women to Mr. BROWN of Ohio. Mr. Speaker, I that disease. She spent the 15 years be- learn more about their bodies and to yield 1 minute to the gentleman from fore she died doing nothing but helping seek treatment if irregularities are Wisconsin (Mr. BARRETT). other women in diagnosis, treatment found. Women should also get biopsies Mr. BARRETT of Wisconsin. Mr. and reaching for recovery as an expert when appropriate to determine whether Speaker, I rise in support of this reso- in mammography, treatment medically any cancer is present. lution. This is an important resolution and assistance in the breast cancer This legislation would also urge the and one that I hope all Members of the center at the University of Oklahoma. House of Representatives to provide House will support as well. I think it is fitting that her name be This is important for me personally. maximum Federal funding for breast mentioned at this time because in the Today is my mother’s birthday, and I cancer research. As a cochair of the true spirit of most women and most want to wish my mother a happy birth- Congressional Biomedical Caucus, I am mothers, what she did was gave of her- day. But I also want to tell my fellow strongly supporting efforts to provide self. Members that it is equally important this funding for such research. Earlier Mr. Speaker, I yield such time as he because she is a breast cancer survivor, this year, we voted in the fiscal year may consume to the gentleman from and she is able to celebrate this birth- 2001 Department of Defense appropria- New Hampshire (Mr. BASS) for the con- day because of the treatment that she tions bill to include $175 million in cluding statements. received. This is a disease that, if Mr. BASS. Mr. Speaker, I thank the Federal funds for peer-reviewed breast treated at its earliest stages, is cer- gentleman for yielding me this time. I cancer research. tainly a curable disease; and I think I am also working to double the want to thank all of my colleagues in the message that we have to get across budget for the National Institutes of this body for supporting this signifi- to all women in this country is the im- Health where much of our biomedical, cant resolution. As we have seen, there portance of self-examinations and the basic clinical research is funded. For is probably no Member of Congress who importance of getting treatment at the cannot cite someone close to them who the past 2 years, we have successfully earliest possible stage. provided 15 percent more funding for In honor of my mother, I would urge has had breast cancer. I will only re- the NIH. This year, the House is work- all my fellow Members to support this late one individual who is close to me ing to provide a $20 billion budget for resolution. who died of breast cancer some 28 years the NIH, the third installment on our Mr. BROWN of Ohio. Mr. Speaker, I ago during a time when treatment for 5-year effort to double the NIH’s budg- yield myself such time as I may con- breast cancer was barbaric at best. She et. Today, only one-third of peer-re- sume. was 48 years old when she was diag- viewed, merit-based research grants Mr. Speaker, I rise in support of this nosed, and she died at the age of 51. are funded by the NIH. This additional resolution. Breast cancer, as the gen- That individual was my mother. investment will ensure that our Na- tleman from Wisconsin said, is a formi- I want to commend this Congress for tion’s scientists have the resources dable threat. Complacency is a luxury paying special attention to this signifi- they need to find a cure for breast can- that we cannot afford, not when 180,000 cant disease, celebrating the progress cer and other ailments. The NIH budg- women are diagnosed with breast can- that we have made in the last 20 years et has not been finalized, but I am cer each year in this country, not when but understanding that there is enor- hopeful that we can get this passed. one in eight women will be diagnosed mous work yet to go, and we all must Mr. Speaker, I believe that we in during their lifetime, not when 46,000 put our shoulders to the wheel to find Congress have a role in informing all women die each year from this disease. a cure for this horrible disease. Americans about breast cancer and the I am proud to be an original cospon- GENERAL LEAVE need for early detection. This legisla- sor of H. Res. 278 which underscores Mr. COBURN. Mr. Speaker, I ask tion is an important first step in pro- how important it is to combat breast unanimous consent that all Members viding the information that Americans cancer with every tool at our disposal. may have 5 legislative days within need to combat breast cancer while en- It means early detection, it means edu- which to revise and extend their re- couraging more Federal funding for cation and efforts to raise public marks on this legislation and to insert finding a cure. I urge my colleagues to awareness, it means research, it means extraneous material on the bill. support the measure. access to treatment. It is going to take The SPEAKER pro tempore (Mr. Mr. COBURN. Mr. Speaker, I yield 1 this momentum of what all the people LATOURETTE). Is there objection to the minute to the gentleman from Florida around the country are doing and a request of the gentleman from Okla- (Mr. SHAW). commensurate response from the pub- homa? Mr. SHAW. I thank the gentleman lic sector to fight and win this battle. There was no objection. for yielding me this time. It is also going to take a Congress Mr. EVERETT. Mr. Speaker, today, I lend Mr. Speaker, I rise in strong support which does its job, not just in remind- my wholehearted support to H. Res. 278, the of this bill. I think the fact that we ing the public that education, that Importance of Education and Early Detection have Breast Cancer Awareness Month early detection, that prevention, all of in Fighting Breast Cancer Act and thank my is a very positive step forward. There is those are important but it is also going colleague, Representative CHARLIE BASS, for technology out there that helps tre- to take a Congress which does its job introducing this resolution. mendously in early detection. I have a by passing a prescription drug bill Breast cancer strikes an estimated 180,000 very special interest in this particular which this Congress has failed to do, by women a year and kills over 46,000 annually. subject. My wife Emily lost both her passing the Patients’ Bill of Rights As we all know, the best defense against this sister and her mother to cancer, and which the House-Senate conference dreaded disease is early preventative they both had breast cancer. Obviously committee has locked up, with passing screenings and treatment. This is crucial. in my family, my daughters and my the Ryan White bill, with passing other If cancer is detected, it is extremely impor- wife are very, very cautious to be sure legislation that really matters in the tant to have access to reliable and under- that they have their regular mammo- fight against breast cancer. standable information on breast cancer. H8638 CONGRESSIONAL RECORD — HOUSE October 3, 2000 Sources of knowledge and assistance, such those in Rockland County. Recent studies (1) recognizes the severity of the issue of as the American Cancer Society, deserve our have found that Rockland County has the cervical health; thanks and recognition for their continued highest rate of breast cancer in New York (2) calls on the United States as a whole to support both the individuals with cervical good work. State and according to some studies, in the cancer as well as the family and loved ones Americans also need information on all of Nation. This legislation will help inform many of individuals with cervical cancer through the treatment options available to them. Unfor- of my constituents of how they can take an public awareness and education; tunately, I have learned this from personal ex- active role in the flight against breast cancer. (3) calls on the people of the United States perience. Moreover, this resolution applauds and recog- to take this opportunity to learn about cer- Last January, my wife received the life-alter- nizes the role played by national and commu- vical cancer and the improved detection ing news that she had breast cancer. Despite nity organizations and health care providers in methods available; her annual check-ups and mammograms, our promoting awareness of the importance of (4) recognizes through education and early doctors told us that she faced undergoing a detection, women can lower their likelihood regular clinical and self-examinations, regular for developing cervical cancer; radical bilateral mastectomy. We felt extreme mammograms, and biopsies and in providing (5) recognizes the importance of federally shock that the prognosis was so drastic. information, support, and access to services. I funded programs that provide cervical can- However, after much research on the sub- strongly support this legislation and urge my cer screenings and follow-up services to ject, she made the decision that this was in- colleagues to fund support this measure. medically underserved individuals; and deed the best option for her. Her surgery was Mr. COBURN. Mr. Speaker, I yield (6) encourages all women to have regular a complete success, and she has not even re- back the balance of my time. Pap smear tests. quired any followup chemotherapy or medica- The SPEAKER pro tempore. The The SPEAKER pro tempore. Pursu- tion. question is on the motion offered by ant to the rule, the gentleman from So, I close with the same messageÐWe the gentleman from Oklahoma (Mr. Oklahoma (Mr. COBURN) and the gen- must support and encourage the utilization of COBURN) that the House suspend the tleman from Ohio (Mr. BROWN) each all of the modern-day prevention, detection rules and agree to the resolution, will control 20 minutes. and treatment options available. Our experi- House Resolution 278. The Chair recognizes the gentleman ence has shown us that this is essential in the The question was taken. from Oklahoma (Mr. COBURN). battle against breast cancer. Mr. BASS. Mr. Speaker, on that I de- b 1130 Mr. POMEROY. Mr. Speaker, I rise in mand the yeas and nays. strong support of H. Res. 278 and in honor of The yeas and nays were ordered. Mr. COBURN. Mr. Speaker, I yield the millions of women who have shown the The SPEAKER pro tempore. Pursu- myself such time as I may consume. strength and courage to fight back against ant to clause 8 of rule XX and the Mr. Speaker, prior to coming to Con- breast cancer. Breast cancer is the most com- Chair’s prior announcement, further gress, I had a full-time practice in ob- mon form of cancer among women in the proceedings on this motion will be stetrics and family medicine; and it United States. This year, almost 182,800 new postponed. was not uncommon that 50 to 200 times cases of breast cancer will be diagnosed and f a year I would diagnose cervical can- an estimated 40,800 women will die from this CERVICAL CANCER PUBLIC cer, and over the 15 years in practice terrible disease. AWARENESS RESOLUTION prior to coming here, what I saw was Breast cancer touches not only the lives of an ever-increasing number of people Mr. COBURN. Mr. Speaker, I move to those afflicted with the disease, but also their who were being diagnosed with either suspend the rules and agree to the con- loved ones. Recently, my fellow North Dako- cancer or pre-cancer of their cervix. current resolution (H. Con. Res. 64) rec- tans came together to pray for a courageous What we have come to know on the ognizing the severity of the issue of woman, a woman who has dedicated her life science of this is this is all caused by cervical health, and for other purposes. to improving the health and welfare of others. one virus, different strains of the same The Clerk read as follows: Heidi Heitkamp, our state Attorney General, virus. Squamous carcinoma of the cer- H. CON. RES. 64 was diagnosed with breast cancer. Like so vix is rarely caused by anything other many afflicted with this disease, however, the Whereas cervical cancer annually strikes than human papilloma virus. What we an estimated 15,000 women in the United have today is a bill to make awareness strength, determination, and sheer will that States; Heidi has displayed through this most difficult Whereas during an average woman’s life- of this issue for women in our country. of times has been an inspiration to her family, time cervical cancer strikes one out of every I want to thank the gentlewoman friends and all who know her. 50 American women; from California (Ms. MILLENDER- Mr. Speaker, the story of Heidi Heitkamp, Whereas it is estimated that during this MCDONALD) for her work in this area, like that of so many other women, is also a decade more than 150,000 women will be diag- and also in the area of HIV and her story of hope. Each year, the number of nosed with cervical cancer in the United care for those most affected by this. States; deaths caused by breast cancer has slowly Whereas according to the Surveillance, Ep- Raising the awareness of the high risk fallen. Increased education and increased idemiology, and End Results Program of the of cervical cancer is important not just technology has extended the life and in- National Cancer Institute, when cervical to the more mature women in our creased the survival rate of those afflicted with cancer is detected at an early stage, the five- country, but also to the young women this disease. The fight against breast cancer year survival rate is 91 percent; in our country. can be won. I call on my colleagues to join the Whereas in most cases cervical cancer is a Along with that comes the very sad preventable disease yet is one of the leading fact that our institutions that we fight by increasing funding for breast cancer causes of death among women worldwide; research, increasing access to screening and Whereas according to the Centers for Dis- should be trusting in this area have treatment options, and increasing awareness. ease Control and Prevention, the mortality failed us. The Center for Disease Con- I call on my colleagues to fight for the lives of rate among American women with cervical trol has failed, because the full name of their mothers, sisters and other loved ones. cancer declined during the period 1960 the Center for Disease Control is the Mr. GILMAN. Mr. Speaker, I rise today in through 1997, but now has begun to rise; Center for Disease Control and Preven- support of H. Res. 278, which expresses the Whereas clinical studies have confirmed tion. The NIH has released a state- that the human papillomavirus (HPV) is a ment, as well as NCI, and on their Web sense of the House that all Americans, and major cause of cervical cancer and unknown above all women, should take an active role in precursor lesions; and site you can find that this disease is the fight against breast cancer by using all the Whereas cervical cancer survivors have caused by human papilloma virus and means available to them, including regular shown tremendous courage and determina- that a condom fails to protect. We are clinical and self-examinations, regular mam- tion in the face of adversity: Now, therefore, so sold on this concept of ‘‘safe sex’’ in mograms, and biopsies. be it this country that we refuse to accept By calling for greater awareness and edu- Resolved by the House of Representatives (the the etiology and pathogenesis of this Senate concurring), cation for all women, may will benefit from disease, and we refuse to be honest SECTION 1. SHORT TITLE. with the American public in that a early detection and by following up a screen- This resolution may be cited as the ‘‘Cer- ing with medical treatment, fewer women will vical Cancer Public Awareness Resolution’’. condom cannot protect them from this. succumb to this devastating disease. SEC. 2. RECOGNIZING THE SEVERITY OF CER- The thing that is exciting to me Mr. Speaker, this issue is especially impor- VICAL CANCER. about this resolution coming up is it tant to me and to my constituents, especially The Congress— perhaps will have some honesty coming October 3, 2000 CONGRESSIONAL RECORD — HOUSE H8639 out of the institutions that are funded Mr. COBURN. Mr. Speaker, I yield 3 I look forward to continuing to work with the taxpayers’ money in this minutes to the gentleman from Florida to improve coverage policies so that country, both the NIH and the NCI, as (Mr. SHAW). women across this country can get the well as the CDC. Mr. SHAW. Mr. Speaker, I thank the life-saving care that they need and Mr. Speaker, I reserve the balance of gentleman for yielding me time. I they deserve. my time. would like to say the gentleman is cer- Mr. BROWN of Ohio. Mr. Speaker, I Mr. BROWN of Ohio. Mr. Speaker, I tainly going to be missed next year. I yield 5 minutes to the gentlewoman yield myself such time as I may con- wish he were coming back. from California (Ms. MILLENDER- sume. Mr. Speaker, today I rise in strong MCDONALD), the sponsor of the resolu- Mr. Speaker, it is tragic that this support of H. Con. Res. 64, the Cervical tion. year alone 15,000 women will be diag- Cancer Public Awareness Resolution. Ms. MILLENDER-MCDONALD. Mr. nosed with cervical cancer. More than Educating women of all ages on risk Speaker, I would like to thank all of 4,500 women will lose their lives to it. factors associated with cervical cancer those Members, the gentleman from It is tragic that cervical cancer re- and the importance of early diagnosis Oklahoma (Mr. COBURN) for his leader- mains such a virulent killer when it is is imperative in reducing the number ship in helping me with this resolution within our power to prevent it. In my of women who are diagnosed and die of and the input for the language, as well own State of Ohio, over 200 deaths each the disease each year. the ranking member and the chairman. year are attributable to cervical can- I have been a long-standing supporter Mr. Speaker, I am proud to sponsor cer. of efforts to raise the public’s aware- the Cervical Cancer Public Awareness Experts believe that cervical cancer ness of cervical cancer, and I strongly Resolution with the gentleman from deaths can be virtually eliminated believe education is a critical first step Oklahoma (Mr. COBURN). Together we through behavioral changes, early de- in our fight against this dreadful dis- have worked to raise awareness of cer- tection, and timely access to treat- ease that strikes one out of every 50 vical cancer throughout the past 2 ment, all of which hinge on public American women. years. Our work began with the Com- awareness. A real tragedy exists, because in mittee on Commerce, which held an The public needs to know that safe many cases, cervical cancer is a disease eye-opening hearing on cervical cancer behaviors and proper screening can re- that, if detected in its initial stage, can in early 1999. duce cervical cancer death rates dra- be successfully treated. We have a I appreciate all of the support the matically. The public needs the facts proven and effective screening tool in gentleman from Virginia (Chairman the Pap test, and we have the medical about screening test accuracy, new de- BLILEY), the ranking member, the gen- advances necessary to treat and save tection methods and about treatment tleman from Michigan (Mr. DINGELL), women’s lives. Yet, unfortunately, cer- breakthroughs so that all of us can the gentleman from Florida (Mr. BILI- vical cancer remains a leading cause of play an active role in prevention and in RAKIS), and the gentleman from Ohio death among women. treatment decisions. (Mr. BROWN) have given to this cause, Increasing public awareness about The public needs to know about ini- cervical cancer will help educate and especially the gentleman from tiatives like the CDC’s breast and cer- women about the need to seek preven- Ohio (Mr. BROWN). He has been most vical cancer early detection program, tive care. It is a vital part of our fight helpful. which has reached millions of unin- More than 50 years ago, Dr. George against this disease. sured women with free screening tests. Also vital to our fight is to make cer- Papanicolaou developed what is consid- Public awareness can help us garner tain that women have access to and ered the most effective cancer screen the resources needed for CDC and its coverage for appropriate preventive in the history of medicine, the Pap State and local partners to do more care that will reduce cervical cancer smear test. This test is still one of the than scratch the surface of this prob- deaths. That is why I, along with my most effective tools in saving lives and lem. colleague, the gentlewoman from Flor- preventing invasive cervical cancer. As currently funded, the CDC pro- ida (Mrs. THURMAN), have introduced When cervical cancer is detected at gram can only reach 15 percent of unin- the Providing Annual Pap Test to Save an early stage, the 5-year survival rate sured women. Unfortunately, because Women’s Lives Act of 2000, which is 91 percent, according to the National of congressional inaction, we make the would require Medicare to cover Pap Cancer Institute. The CDC reports that early detection almost a cruel hoax on tests and pelvic exams. the mortality rate among American uninsured women, because we have not Medicare generally only covers Pap women with cervical cancer declined funded well enough the treatment for tests for women every 3 years. Since from 1960 to 1997 in large part because these women if early detection actu- the Pap test’s introduction shortly of the extensive use of the Pap smear ally shows cervical cancer. We can do after World War II, death rates from test. much better than that. cervical cancer have decreased 70 per- However, in 1997, the number of Mr. Speaker, knowledge fuels advo- cent in the United States. However, de- women with cervical cancer began to cacy, and in the case of cervical cancer, spite the Pap test’s unparalleled record rise. An estimated 15,000 women in the advocacy can save countless lives. I am of success, studies show of those United States develop cervical cancer proud to be a cosponsor of the resolu- women who die of cervical cancer, 80 each year, and far too many of these tion offered by the gentlewoman from percent had not had a Pap test in 5 women do not get annual screenings. California (Ms. MILLENDER-MCDONALD) years preceding their death. A January In October of 1997, a Gallup survey affirming that principle. I thank my 1999 report on cervical cancer by the found that almost 87 percent of the colleague from California for her excel- Agency for Health Care Research and women surveyed know they should lent work on this issue. Quality showed that cancer deaths and have a Pap smear every year. Nearly 40 Mr. Speaker, I would add that I cancer cases are reduced with annual percent of these same women failed to would hope that Congress, while pass- screening. do so in the previous year. One in four ing this resolution, would do its job Fighting cervical cancer should be a of the women who had not had an an- and move forward on other health care national priority. Without question, we nual Pap smear test said they did not legislation that has the force of law, need to promote public awareness have the time. Other reasons include that sends money where it is needed, about the severity of cervical cancer the belief that they are too old, feel that changes laws where they are need- and the risk factors associated with embarrassed, are afraid of the results, ed, that can help with prescription the disease. At the same time, we must or think it is too expensive. While all drugs, that can help with the Patients’ promote a health care policy that al- of these reasons are valid, they are not Bill of Rights, that can help with Ryan lows women to be routinely covered for acceptable, when one considers that 80 White, that can do all the things that screening Pap tests. Therefore, Mr. percent of the women who die of cer- this Congress in the health care areas Speaker, I urge my colleagues to take vical cancer have not had a Pap smear all too unfortunately bottled up. this important step in the battle test in the past 5 years or more. Mr. Speaker, I reserve the balance of against cervical cancer and support H. Women must understand what cer- my time. Con. Res. 64. vical cancer is, what steps they can H8640 CONGRESSIONAL RECORD — HOUSE October 3, 2000 take to reduce the likelihood of getting virus is present not only in the (Mrs. MYRICK) that is being held up at cervical cancer, how it can be detected mucosal tissue, but also on dry skin of this time on the basis of the Senate early, and what all of their treatment the surrounding abdomen and groin, conferees not wanting to agree to the options are when facing this disease. and it can migrate from those areas language in that in regards to HPV and While it is encouraging that women into other areas into the vagina and cervical cancer. seem to know of the Pap smear test, the cervix. Additional research efforts Mr. Speaker, I would like to ask the many women do not understand just by NCI on the effectiveness of virus body that they would put pressure on how life-saving this annual screening transmission are not warranted.’’ their fellow Senators that they might can be. That is why I sponsored this accede to this. The fact is, the reason b 1145 resolution, Mr. Speaker, with the gen- we have this awareness up is we want tleman from Oklahoma (Mr. COBURN). The American Cancer Society recent women to get treated. This is a disease Our resolution is part of a national research shows that condoms cannot that is absolutely curable. It is not like campaign to raise awareness and in- protect against infection with HPV. breast cancer; we cannot always cure crease annual screenings among The absence of visible signs of this dis- breast cancer. women. I want to end the confusion, ease cannot be used to decide whether This disease, if diagnosed properly discomfort, and misunderstanding that caution is warranted since this disease and treated, is 100 percent curable. form an unnecessary barrier to too can be passed on to another person Knowledge and the fact that we are al- many women, and particularly low-in- when there are no visible signs of the lowing a safe sex message of condoms come and minority women. One out of disease externally. That is the Amer- preventing this disease to continue will every three Hispanic women reported ican Cancer Society and the National do nothing but harm women. It will in an HHS study that they failed to get Institutes of Health. not undermine anybody’s position on a Pap smear test in the preceding 3 National Institutes of Health, April sexuality or abortion or any other years, compared with about one-quar- 3, 1996, the data on the use of barrier issue. The fact is, it is harmful to ter of all American women. In addition, methods of contraception condoms to women to let that lie continue. another survey by HHS found that 87 prevent the spread of human papilloma Mr. Speaker, I would ask that as we percent of employed women had a re- virus is controversial but does not sup- support this, that we remember what cent Pap test within the past three port it as an effective method of pre- we are really talking about is our sis- years, while 73 percent of women who vention. ters, our nieces and our daughters in were not in the labor force had done so. I include for the RECORD the fol- the future that they would be given the More disturbing than the gap in lack lowing information: knowledge with which to make great of screening is that more women of DO CONDOMS PROTECT AGAINST HPV INFEC- decisions, and the knowledge is that a color are dying from this disease. The TION?—ACCORDING TO THE SCIENTIFIC EX- condom does not prevent transmission rate of mortality for African American PERTS, THE ANSWER ISARESOUNDING AND of this disease. And until young women women is nearly twice that of Cauca- CONCLUSIVE ‘‘NO’’. know that and know that certainly so sian women, according to HHS. Equally NATIONAL CANCER INSTITUTE that they can make a different choice, disturbing is the high rate of STD ‘‘Condoms are ineffective against HPV be- at least allow the young women in this transmission within this community. cause the virus is prevalent not only in country the ability to make an in- The World Health Organization and the mucosal tissue (genitalia) but also on dry formed choice. National Institutes of Health report skin of the surrounding abdomen and groin, Mr. Speaker, I yield back the balance that the principal cause of cervical and it can migrate from those areas into the of my time. vagina and the cervix. Additional research Mr. BROWN of Ohio. Mr. Speaker, I cancer is HPV infection, which is also efforts by NCI on the effectiveness of the most common STD. condoms in preventing HPV transmission are yield myself such time as I may con- In my own district of South-Central not warranted.’’—Excerpt from a February sume. Los Angeles, including Watts, the 19, 1999 letter to House Commerce Com- Mr. Speaker, I ask for support of this County Health Department reports mittee Chairman Tom Bliley from Dr. Rich- resolution, and I also ask that Con- that the rates of STD among African ard D. Klausner, Director of the National gress move on the conference com- Americans are up to 20 percent higher Cancer Institute at the National Institutes mittee on the breast and cervical can- than among Caucasians. The main rea- of Health. cer bill. Public health officials want us son is lack of information on how to AMERICAN CANCER SOCIETY to move on the Senate version of the prevent this transmission, which unde- ‘‘Recent research shows that condoms bill. We should not bog this legislation tected years later, can lead to cervical (‘‘rubbers’’) cannot protect against infection down in this argument that we heard cancer. with HPV. This is because HPV can be passed today. We should move forward, pass Although the risk factors for cervical from person to person with any skin-to-skin contact with any HPV-infected area of the this legislation, and also move forward cancer can vary, the cultural, financial body, such as skin of the genital or anal area and pass the Millender-McDonald reso- and even geographical areas that com- not covered by the condom. The absence of lution plicate the fluid delivery of quality visible warts cannot be used to decide wheth- Mr. Speaker, I have no other speak- health care linger as a dangerous indi- er caution is warranted, since HPV can be ers, and I yield back the balance of my cation of the need for more dialogue on passed on to another person even when there time. this issue. are no visible warts or other symptoms. HPV The SPEAKER pro tempore (Mr. Mr. Speaker, let me thank my col- can be present for years with no symp- LATOURETTE). The question is on the leagues, the gentleman from Oklahoma toms.’’—Excerpt from the American Cancer motion offered by the gentleman from Society website (www.cancer.org). (Mr. COBURN) first for his leadership in Oklahoma (Mr. COBURN) that the House joining me on this resolution and all of NATIONAL INSTITUTES OF HEALTH suspend the rules and agree to the con- the national effort in raising the ‘‘The data on the use of barrier methods of current resolution, H. Con. Res. 64. awareness of this deadly disease. I ap- contraception to prevent the spread of HPV The question was taken; and (two- plaud the thousands of persons who are is controversial but does not support this as thirds having voted in favor thereof) an effective method of prevention. . . . Re- out there helping to make this aware- ducing the rate of HPV infection by encour- the rules were suspended and the con- ness possible. aging changes in the sexual behavior of current resolution was agreed to. Mr. COBURN. Mr. Speaker, I yield young people and/or through developing an A motion to reconsider was laid on myself such time as I may consume. effective HPV vaccine would reduce the inci- the table. Mr. Speaker, I want to read some lit- dence of this disease.’’—National Institutes f erature from experts at the National of Health Consensus Development Con- Cancer Institute and the American ference Statement on Cervical Cancer, April GENERAL LEAVE Cancer Society, their published state- 1–3, 1996. Mr. COBURN. Mr. Speaker, I ask ments, and I will include them for the Mr. Speaker, the reason that is im- unanimous consent that all Members record. This is a quote from the Na- portant is we have a breast and cer- may have 5 legislative days within tional Cancer Institute: vical cancer treatment bill by the gen- which to revise and extend their re- ‘‘Condoms are ineffective against tleman from New York (Mr. LAZIO) and marks and include extraneous material human papilloma virus because the the gentlewoman from North Carolina on H. Con. Res. 64. October 3, 2000 CONGRESSIONAL RECORD — HOUSE H8641 The SPEAKER pro tempore. Is there nian Institution and similar cultural the Federal Treasury. The arts support objection to the request of the gen- organizations. 1.3 million jobs all over the country tleman from Oklahoma? Notably, the bill includes increased and has revitalized small cities such as There was no objection. funding $300 million above the Presi- Providence, Rhode Island; Rock Hill, f dent’s request, for wildfire readiness, South Carolina; and Peekskill, New wildfire suppression and the rehabilita- York. WAIVING POINTS OF ORDER ON tion of areas damaged by wildfires this The conference report also funds the CONFERENCE REPORT ON H.R. summer. new Women’s Progress Commemora- 4578, DEPARTMENT OF THE INTE- Finally, I am particularly pleased tion Commission, the provision that I RIOR AND RELATED AGENCIES that the bill appropriates $5 million to strongly endorse. I sponsored the legis- APPROPRIATIONS ACT, 2001 be used solely for the reduction of the lation, established a commission, and Mr. HASTINGS of Washington. Mr. national debt. Mr. Speaker, although was recently elected commission chair. Speaker, by direction of the Com- many Members, myself included, have The funding will allow us to fulfill our mittee on Rules, I call up House Reso- concerns about certain sections of the mandate to identify national sites sig- lution 603 and ask for its immediate bill, overall this is a responsible and nificant to women’s history that we consideration. balanced conference agreement. Ac- may be in danger of losing due to lack The Clerk read the resolution, as fol- cordingly, I urge my colleagues to sup- of privatization or other factors. lows: port both the rule and the Interior con- We will make recommendations to H. RES. 603 ference report itself. the Secretary of Interior for action to Mr. Speaker, I reserve the balance of preserve endangered sites. The long- Resolved, That upon adoption of this reso- lution it shall be in order to consider the my time. term goal is to further educate the conference report to accompany the bill Ms. SLAUGHTER. Mr. Speaker, I public regarding significant contribu- (H.R. 4578) making appropriations for the De- yield myself such as time as I may con- tions of women in America. partment of the Interior and related agencies sume and I thank the gentleman from Mr. Speaker, there are still other for the fiscal year ending September 30, 2001, Washington (Mr. HASTINGS) for yield- things that are important in this bill, and for other purposes. All points of order ing me the customary 30 minutes. but I was disappointed to see that the against the conference report and against its Mr. Speaker, the conference report conference report contains language consideration are waived. The conference re- has come after extensive negotiations that will undermine the passage of the port shall be considered as read. to produce a bill that the President can CARA act, a measure I long supported. The SPEAKER pro tempore. The gen- sign. The underlying bill will provide The CARA would provide more than $3 tleman from Washington (Mr. $18.8 billion for fiscal year 2001, $3.9 bil- billion each year for important con- HASTINGS) is recognized for 1 hour. lion more than the current fiscal year. servation and recommend recreation Mr. HASTINGS of Washington. Mr. The measure will establish a new projects. But the conference report Speaker, for the purpose of debate land legacy trust program which will contemplates less than half of the only, I yield the customary 30 minutes provide $12 billion over 6 years for land funding and at levels similar to recent to the gentlewoman from New York conservation, preservation and mainte- years. Moreover, CARA would dedicate (Ms. SLAUGHTER), pending which I yield nance and provides $1.8 billion for ef- funds for specific programs each year myself such time as I may consume. forts to fight forest fires. Moreover, $8 while the conference report provides no During consideration of this resolu- million is slated for the Northeast for such guarantees. tion, all time yielded is for the purpose the heating oil reserve, a program of For more than 30 years, the Com- of debate only. critical importance to the Northeast. mittee on Appropriations has failed to (Mr. HASTINGS of Washington asked I am especially pleased that the con- provide funds and live up to the prom- and was given permission to revise and ferees provided $105 million for the Na- ise of existing conservation and recre- extend his remarks.) tional Endowment for the Arts, a $7 ation programs. Unfortunately, this re- Mr. HASTINGS of Washington. Mr. million increase over fiscal year 2000 port provides more of the same. Speaker, H. Res. 603 is a rule waiving and the first increase since fiscal year With those reservations, Mr. Speak- all points of order against the con- 1992. We still lack the funding levels er, I want to thank my colleagues on ference report to accompany H.R. 4578, that truly reflect the importance of the conference committee for their the Department of Interior and Related arts to the American people. My col- hard work, particularly for their ef- Agencies Appropriations Act of 2001, leagues may recall, Mr. Speaker, our forts in regards to the NEA. and against its consideration. The rule earlier efforts to secure the funding in- Mr. Speaker, I reserve the balance of provides that the conference report crease. I was proud to lead the fight on my time. shall be considered as read. the House floor and hope that this Mr. HASTINGS of Washington. Mr. The Interior conference report appro- modest increase sparks a trend for in- Speaker, I yield 3 minutes to the gen- priates $18.8 billion in new fiscal year creased funding in the years ahead. tleman from Alaska (Mr. YOUNG), dis- 2001 budget authority, which is $3.9 bil- Mr. Speaker, the arts enhance so tinguished chairman of the Committee lion more than the House passed and many facets of our lives from the edu- on Resources. $2.5 billion above the President’s re- cational development of our children (Mr. YOUNG of Alaska asked and was quest. Approximately half of this fund- to the economic growth of our towns given permission to revise and extend ing, $8.4 billion finances Interior De- and cities. We learn more every day his remarks.) partment programs to manage and about the ways in which the arts con- Mr. YOUNG of Alaska. Mr. Speaker, study the Nation’s animal, plant and tribute to our children’s learning. One of course, I rise to oppose the rule, not mineral resources and to support In- recent study showed that children with because the rule is structured incor- dian programs. 4 years of instruction in the arts scored rectly, because it did not include Among the Interior agencies receiv- 59 points higher on the verbal portion CARA, as the gentlewoman from New ing increases in this conference report and 44 points higher on the math por- York (Ms. SLAUGHTER) mentioned. are the National Park Service, the Fish tion of the SATs than did students Most of my colleagues are aware that and Wildlife Service, the Bureau of with no art classes. this House passed my Conservation Re- Land Management, the Minerals Man- New research in the area of human investment Act 315 to 100 some odd agement Service and the U.S. Geologi- brain development shows a strong link votes. That is what the public wants, cal Survey. between the arts and early childhood 5,285 organizations support that legis- The balance of the measure’s funds development. Obviously, arts education lation. support other non-Interior agencies pays great dividends in a wide range of Unfortunately, the Committee on In- that carry out related functions. These fields, and no other Federal program terior tried to have ‘‘CARA-lite’’ include the Forest Service in the De- yields such great rewards on such a passed, but I again stressed the point partment of Agriculture, conservation small investment. that for those that are listening to this and fossil programs run by the Depart- The investment that we make con- program and those on the floor under- ment of Energy as well as the Smithso- tributes to a return of $3.4 billion to stand this is not CARA. It is, in fact, a H8642 CONGRESSIONAL RECORD — HOUSE October 3, 2000 system set forth that for each part of In my view, we should add no new enti- ested in preserving wildlife, in pre- our CARA bill, historical preservation, tlements to the Federal budget until serving land, in preserving pristine urban parks, fish and wildlife restora- we first declare that every American coastal areas. This is a terrific bill for tion, native lands reclamation, land has an entitlement to basic health all of the purposes laid out in this leg- purchasing, all of it has to come back care. That is the first new entitlement islation. to the appropriating committee. that I want to see added. After that Members will hear from the gen- For those listening to this, this is not happens, I will be happy to look at add- tleman from Washington (Mr. DICKS) CARA. I will say this to the Committee ing others, but not before. and others what the bill contains in on Appropriations, I think that my big- But this bill is an amazing victory more detail, but I want to congratulate gest concern is, my colleagues have for those who care about preserving him. I want to congratulate everyone asked us to authorize, and when we au- our precious natural resources, who who had anything to do with putting thorize, unfortunately, my colleagues care about preserving our outdoor re- this package together. I certainly want have decided our authorization is not sources, who care about setting aside to congratulate the White House for correct, and my colleagues are going to crucial pieces of land for enjoyment by recognizing a good deal when they saw do the authorization. So the rule recog- future generations. one. I want to congratulate the gen- nizes my colleagues’ role to authorize This bill, for the programs included tleman from Ohio (Mr. REGULA) and legislation and that is inappropriate in it, takes what would otherwise be a the staff. and I think it is against the House $4 billion appropriation level over the No, this is not CARA, but CARA was rules. That is one reason why I am vot- next 6 years and expands it to $12 bil- dead as a dodo bird in the Senate, and ing against this rule. lion. That is a huge advance forward, this bill resurrected the effort to put And for the leadership of this House and has been described so by a variety aside important pieces of land for fu- on my side of the aisle, I have never of environmental organizations, and ture generations. It creates new State voted against a rule before that my by, for instance, the Council on Envi- programs for their protection, and this colleagues asked me to vote for, and it ronmental Quality at the White House rule should be supported, and so should is unfortunate my colleagues have not and others. the bill. asked me to vote for this rule, in fact, This bill essentially says that, for Mr. HASTINGS of Washington. Mr. my colleagues have not communicated this year, we will set aside $1.6 billion Speaker, I am pleased to yield 7 min- with me on this issue. for these activities, and those funds utes to the gentleman from Ohio (Mr. This issue is not going to go away I will rise each year for the next 5 years REGULA), the subcommittee chairman say to the appropriating committee, I until we hit $2.4 billion. That money is for the Committee on Appropriations. will be here long after my colleagues fenced. It is not an entitlement, but if Mr. REGULA. Mr. Speaker, I thank are gone. I will win this battle to pre- it is not spent on these programs, it the gentleman for yielding time to me. serve our wildlife, because my col- cannot be spent on any others. This is a bipartisan bill. It is a good leagues do not do it in this bill. My col- It is modeled precisely after the vio- bill. It is fair. As the gentleman from leagues have given a great authority to lent crime trust account which we es- Wisconsin said, it does not give every- fish and wildlife but do not say how it tablished a number of years ago, the body everything they want, but I think shall be spent. My colleagues do not same duration, 6 years, and the same it does a remarkable job of balancing recognize the importance of fish and principle. That virtually guarantees, the challenges to those of us wanting wildlife; and for those sportsmen, I for anybody who wants to look at legis- to preserve the good things in our nat- hope they understand what the appro- lative reality, that these funds will go ural heritage, along with meeting the priating committee has done. for the purposes that they are supposed needs immediately of the American This is a battle that is not over. We to go for; namely, these conservation public. have a long ways to go, and I will win and environment programs. I would urge all of the Members to this battle for the people of America. I would say to our friends from coast- vote for this rule. If they look at the My colleagues owe us $13 billion dollars al States who feel that they have not facts, I am sure they will be convinced and have not spent it. We will not been given a big enough break in this that this is a bill that meets the needs spend it in the future. My colleagues bill, we take the appropriation for of the Nation in a good way. I think will spend it for land acquisition with their States from a little over $100 mil- that is evident by the fact that every no property rights. Oh, my colleagues lion a year to about $400 million. That member of the conference, both par- will do that, but will not protect the is not bad. That is not hay. That is tax- ties, both Houses, every member, people of this Nation and provide them payers’ dollars put to a good and wor- signed the conference report. This is for the spaces that they need, because thy purpose. For people to make or to the first time that I can remember that my colleagues did not do it in the past claim that that is a defeat requires a happening, and certainly since I have and will not do it in the future. new definition of that word for Web- been chairman. I think it is evidence of My colleagues can say all they want ster’s dictionary. the fact that there is strong bipartisan about how great you have done in this I would also say to those conserva- support for the bill. bill, I say this out of friendship, my tion groups who are not happy that The White House has indicated the colleagues have actually put forth this is not CARA, there are lots of President will sign the bill. I think all something that is hollow, something to times in life when we have to settle for of America will be benefited by that set appease the voters. When they do not a little bit less than what we regard as of circumstances. read this bill, they will say what a perfect. But I am reminded of old Ben I want to specifically address the great job. But when they find out, I Reihle, the fellow who used to rep- wildlife conservation issue. There have will be back. I will be able to prevail. been some facts bandied around about I am going to make sure that the resent rural Marathon County, my wildlife conservation which perhaps do space is there for our young people, to home county, in the legislature. He was talking to education groups not give the full picture. I just want to have the hunting and fishing and recre- one night who were unhappy because give Members the accurate facts on it. ation is required and the urbans parts he had not voted for exactly the This bill contains $540 million for are put in place and the past is pre- amount of money that they wanted in Federal and State programs under the served for us. My colleagues do not do the State budget that year for edu- Land and Water Conservation Fund. it in this bill. It is a hollow promise. This number represents an increase of Ms. SLAUGHTER. Mr. Speaker, I cation. He had voted for an increase, $93 million over fiscal year 2000, 21 per- yield 10 minutes to the gentleman from but it was not a big enough increase. Old Ben looked at them and said, cent. Keep in mind that the fiscal year Wisconsin (Mr. OBEY). ‘‘Folks, I ask you to remember one 2000 bill had the Baca Ranch land ac- b 1200 thing. I may not have voted for every quisition in it, which increased that Mr. OBEY. Mr. Speaker, I thank the dime you ever asked for, but I voted for number considerably. Without that gentlewoman for yielding time to me. every dime you ever got.’’ purchase, it would have been much Mr. Speaker, it is very true, this is If we think about it, there is a lesson greater in terms of an increase this not CARA. This is not an entitlement. in that for every single person inter- year. October 3, 2000 CONGRESSIONAL RECORD — HOUSE H8643 The conference report provides $300 the compression of people exists, in our bad bill, I do so not because this bill million for State and other conserva- urban areas, and they need open has failed to dramatically increase the tion programs. That is an increase of spaces. For that reason we expand that monies for the various environmental $232 million over the fiscal year 2000 program by 100 percent. accounts. In many ways, this is the bill. Particularly, it has a new $50 mil- Of course, it has been pointed out most environmentally friendly bill we lion State wildlife grant program, $50 that there will be 12 billion additional have had out of this subcommittee in a million to the States. All of this is a dollars over the next 6 years to be number of years. 293 percent increase. That is not bad, spent on land programs and the acqui- I do so because I have strongly be- 293 percent to the States for their pro- sition of open spaces in the jurisdic- lieved there was another way to re- grams. tions under this Nation. Certainly, this deem the promise that was made to the We have heard from a few States that I think is a remarkable step forward in American people about the use of off- said, well, you may submit a plan. For providing all of these funds. shore oil royalties. I believed that the shame. Submit a plan? We have a re- On the more practical side, we have method by which that should have been sponsibility for accountability. $2.9 billion to deal with fires. We all done was in CARA, H.R. 701. Mr. YOUNG of Alaska. Mr. Speaker, recognize what has happened in the It has been said several times that will the gentleman yield? west, so we have a large amount of this appropriations bill is not CARA. Mr. REGULA. I yield to the gen- money, a very substantial increase. Nobody is more aware of that than the tleman from Alaska. We have increased PILT by $65 mil- gentleman from Alaska and myself. Mr. YOUNG of Alaska. Mr. Speaker, lion. There is a lot of concern on the This approach is not CARA. This was is the gentleman saying, there have to part of Westerners that there be addi- devised within the Committee on Ap- be competitive bids for wildlife. Who tional money spent on PILT. We have propriations in responding to CARA makes the decision what it will be, the increased that very substantially. and the grass roots support that was In the Northeast, we have doubled Federal government or the States? lobbying on behalf of CARA. They the funding for home heating oil from Mr. REGULA. Is the gentleman say- chose to do it in a Washington fashion. $4 million to $8 million. We have a sub- ing as to the allocation between Fed- CARA was the outgrowth of grass stantial amount for backlogged main- eral and State? roots organizations, over 5,000 organi- tenance. We have had testimony in our Mr. YOUNG of Alaska. The Federal zations from across the country, that government makes the decision, committee that there is over $12 billion in backlogged maintenance. We are ad- looked at what the Congress had done whether it is correct or not, is that dressing that problem. over the last 20 years and decided there correct? We have increased many of the other had to be another way. There had to be Mr. REGULA. The people who admin- areas. In the energy field, we are pro- certainty for communities to be able to ister the funds make the decision. viding for new technology, to recognize plan for the protection of their envi- Mr. YOUNG of Alaska. So the States the need to meet our energy chal- ronmental assets, whether that was do not have the say-so? If the Federal lenges: fuel cells, weatherization, the open space or whether that was trails Government does not agree, they do development of an 80-mile per gallon or whether that was trying to solve en- not get the money? automobile. So again, these are impor- dangered species problems. Mr. REGULA. That is not necessarily tant things to the people of America. There clearly had to be a way to help true. They have to submit a plan. One that I think reflects the compas- those States that have suffered the im- Mr. YOUNG of Alaska. If they do not sion of this bill is Indian health care. pacts of offshore oil. agree, they do not get the money? We have increased Indian health care Also, there had to be a commitment Mr. REGULA. States have to be ac- $214 million. I am pleased that the established so we could go out and try countable. committee has supported this funding, to secure private financing, fundraising Mr. YOUNG of Alaska. If the States because there is a great need. We had from foundations, from corporations, submit a plan for rehabilitation of some testimony from the American and from individuals over the long wildlife in a certain area and if the Dental Association that only 25 per- term to help pay for land acquisitions. Federal government does not want to cent of Native Americans have dental That is why the certainty of funding do that, they do not get the money, care. That should be 100 percent; if was a key feature of CARA occurs, so it under the gentleman’s program? Members can imagine, going without is not a start-again, stop-again oper- Mr. REGULA. There has to be ac- dental care. So we put a large increase ation. countability. in the Indian health care. We believed that was important, and Mr. YOUNG of Alaska. But the gen- Parks funding is up. We took care of 315 Members of this House believed tleman is letting the Federal govern- the south Florida area. As it was men- that was important, the biggest bipar- ment do it and not the States. That tioned earlier on coastal funding, we tisan vote I think we have had on any was the whole idea of CARA. CARA had have put in $400 million, an increase controversial legislation in this Con- an an idea how to spend the money on from $100 million, to deal with the gress. the ground. The gentleman likes big challenges of our coastal States. This We sent it to the Senate. Unfortu- government. will be managed by NOAA. Obviously, nately, there it started to stall out. We Mr. REGULA. This is not CARA. The NOAA is a Federal agency, but these ask our colleagues to oppose this rule gentleman makes his point very clear- are Federal dollars. Therefore, we want so we can have a chance to pass CARA ly. This is not CARA. It requires ac- to give this responsibility to an agency and not undermine it with the actions countability on the part of the States. that has experience in dealing with of the Committee on Appropriations. I think if we are disbursing Federal coastal areas. We hoped that the same kind of bipar- dollars that we collect from the tax- I just think on balance this is a very tisan support could be resurrected in payers throughout the Nation, then we bipartisan bill. It is very well balanced the Senate to see this bill through to have a right to ask for accountability in meeting all of the needs. I certainly the desk of the President, who has for that money. That is what we have urge my colleagues to support this rule promised to sign it. said. and support the bill. b 1215 Nevertheless, there is a 293 percent Ms. SLAUGHTER. Mr. Speaker, I increase for the State Wildlife Grant yield 2 minutes to the gentleman from I have to admit that I am a little dis- programs, $50 million for the new pro- California (Mr. GEORGE MILLER). appointed in the signals from the Sen- gram, and an additional amount for the (Mr. GEORGE MILLER of California ate leadership about the improbability existing programs. asked and was given permission to re- of scheduling the CARA legislation this It provides $66 million for urban vise and extend his remarks.) year. But I believe the underlying prop- parks and forests, an increase of $33 Mr. GEORGE MILLER of California. osition of CARA is the correct way for million, a 100 percent increase over last Mr. Speaker, I thank the gentlewoman the Congress to deal with these issues, year, recognizing that it is important for yielding time to me. because local governments and park in the urban areas to have the develop- Mr. Speaker, I rise in opposition to agencies and fish and wildlife agencies ment of parks, because this is where this rule. I do so not because this is a are struggling every day where the H8644 CONGRESSIONAL RECORD — HOUSE October 3, 2000 people and the species and the open last Thursday I get a lecture and say I think it is a day we should be here space and the lands and the assets we cannot do these things like San celebrating. I would say to my friends meet on a daily basis. Rafael Swell and other areas, but we who worked so hard on CARA, and I re- What they need is a diversity of fund- can put these 20 in it when we are be- alize 4 years of effort on CARA, but I ing, and a certainty of funding; and hind closed doors somewhere? That want my colleagues to understand they need a level of funding that will kind of bothers me a little bit, Mr. something. I believe that that work let them attack those problems in a Speaker. I thought if it was good for was translated into this legislation. manner that they understand best. one deal, it was good for all of us. This is a blend between the President’s I believe that that is what the CARA So I know there is some good things Land Legacy Program and CARA. legislation did. It is unfortunate, that in here. I compliment the gentleman We have the most dramatic increase we will not be able to complete acton from Washington (Mr. DICKS) and the in conservation spending in the history on that legislation in the Congress if gentleman from Ohio (Mr. REGULA), of this country. Last year, we spent the current indications from the Sen- two very, very fine legislators. How- about $782 million. This year, for the ate continue to hold true, because we ever, in good conscience, I really feel, same programs, it goes up to $1.6 bil- believe that legislation, supported by a as chairman of the Subcommittee on lion. Then in increments of $160 million bipartisan coalition would have truly National Parks and Public Lands, a year, it goes up to $2.4 billion in the redeemed the promise that this Con- there are things in here, in this list and year 2006. These are some of the most gress made to the American people this list, that just blow my mind. I do popular programs in our country for about taking the monies from exploi- not know where we can come up with protecting precious lands in both the tation of nonrenewable resources and these things. Federal and State categories, for urban putting them into a permanent fund to There is $12 billion over the next 6 parks, for historic preservation, for re- protect renewable resources. years; $12 billion is an awful lot of storing our salmon runs. There is also While it is very clear to anybody who money. My little State of Utah, the en- $400 million that goes through the reads this legislation that this is clear- tire budget is only $6 billion. They are State, Justice and Commerce appro- ly the most dramatic increase in the going to spend $12 billion here. priations for coastal programs, includ- environmental accounts that we have There is no protection for property ing the Pacific salmon recovery pro- seen in 25 years, I would have hoped rights. Who is going to be the wise all- gram. This is the most dramatic in- that we would have been able to in- knowing guru who is going to say this crease in conservation spending in the clude the CARA program that would is right and wrong with some of this history of the country. have guaranteed to local communities stuff? I wish somebody would tell me Let me just read to my colleagues a the kind of certainty they need to sup- this. So a blank check goes to some- few quotations from people who have port private and public partnerships at body. looked at this program. A good friend the local level for the protection of Even though there are some awfully of mine, a fellow University of Wash- these assets. good things in this bill, I very reluc- ington graduate, Roger Schlickeisen, It is for that reason that I will ask tantly have to vote against the bill and president of the nonprofit Defenders of Members to vote against this rule. the rule. I say that feeling bad in a way Wildlife Society called it ‘‘probably the ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE because it has got the genesis of being best conservation funding bill in our The SPEAKER pro tempore (Mr. a fine piece of legislation. But where lifetime.’’ Then George Frampton, LATOURETTE). The Chair would remind we are now I think we are taking the chairman of the White House Council all Members it is inappropriate to cast American people down the primrose on Environmental Quality. ‘‘This rep- reflections on the actions or inactions path. resents a historic breakthrough in con- of the United States Senate, collec- I honestly urge my colleagues to vote servation funding,’’ said Frampton. ‘‘It tively or individually. against this and hope we can come up is a fantastic step forward.’’ Mr. HASTINGS of Washington. Mr. with something a little better and hope Today, the New York Times in an Speaker, I yield 2 minutes to the gen- we can authorize from now on. editorial, lead editorial said ‘‘Congres- tleman from Utah (Mr. HANSEN). Ms. SLAUGHTER. Mr. Speaker, I sional Dos and Don’ts. Land conserva- (Mr. HANSEN asked and was given yield 7 minutes to the gentleman from tion. The White House and Congres- permission to revise and extend his re- Washington (Mr. DICKS). sional negotiators reached agreement marks.) (Mr. DICKS asked and was given per- last Friday on a plan to set aside some Mr. HANSEN. Mr. Speaker, let me mission to revise and extend his re- $12 billion over 6 years for a range of point out that, as I looked at this and marks.) Federal and State land conservation finally got the inspired version of what Mr. DICKS. Mr. Speaker, first of all, programs. It is the most important was in it, I would have to say there are I rise in very strong support of this land conservation bill in many years awfully good things in it. People have rule. I think it is a very good rule, a and deserves prompt approval on the worked very hard on this bill. I have very fair rule. I want to compliment House and Senate floors. Budget the greatest respect for the gentleman the gentlewoman from New York (Ms. purists are annoyed that the money from Ohio (Mr. REGULA), the gentleman SLAUGHTER), who worked with me on will be fenced off in a special conserva- from Washington (Mr. DICKS), the gen- the floor of the House and has been one tion account similar to the Highway tleman from Wisconsin (Mr. OBEY), the of the advocates for increasing the Trust Fund. But open space has been gentleman from Alaska (Mr. YOUNG), funding for the National Endowment shortchanged for years, and this is a and others who have worked on it. I for the Arts. way to make restitution.’’ know they had to probably tear their We were able to add $7 million in this Then finally, the White House, the hair out a lot to come up with this. bill for the endowment. Also a program President supports this bill. He also, in Just last Friday or Thursday, I got a that is very important to the gentle- his statement of administration policy, lecture from the appropriators saying woman from New York is the home it says, ‘‘By doubling our investment there are certain things they could not heating oil provision, $8 million, which next year in land and water conserva- put in the bill. Well, why cannot we will help every Northeasterner in this tion, and guaranteeing even more fund- put it in the bill? Well, it has not gone country. ing in the years ahead, this agreement through the procedure of this House. I am here today to talk to my col- is a major step toward ensuring com- We cannot do it that way, because on leagues a little bit about this superior munities the resources they need to the House floor we do different things. appropriations bill and the land con- protect the most precious lands, from We look at the rules, and the rules do servation preservation and infrastruc- neighborhood parks to threatened not let us do that. ture improvement program. The gen- farmland to pristine coastal areas.’’ So I pick this up now; and as one of tleman from Wisconsin (Mr. OBEY) and Mr. Speaker, this is, as the Wash- the authorizers with the gentleman I worked on this. We offered it in the ington Post said, landmark legislation. from Alaska (Mr. YOUNG) over here, I conference. The gentleman from Ohio This is legislation that this Congress can count maybe 20 things in here that (Mr. REGULA), Mr. GORTON, and Mr. can be proud of. I am proud of the fact were never authorized. Now, how come BYRD, they all agreed to this. that this amendment was adopted in a October 3, 2000 CONGRESSIONAL RECORD — HOUSE H8645 bipartisan spirit. It will be the most conservation groups that are sup- without CARA, that is what we will be important step forward in conservation porting this rule and the bill: the getting. Keep in mind that CARA guar- spending probably in our lifetime. American Oceans Campaign, Center for anteed for the first time a distribution I would urge my colleagues who sup- Marine Conservation, Defenders of of funds to the coastal States of Amer- port CARA to think about this. We Wildlife, Environmental Defense, ica. have moved dramatically in the direc- Friends of the Earth, National Audu- What kind of distribution was that tion that they laid out in their legisla- bon Society, National Parks Conserva- all about? It was simply to try to give tion. No, it is not an entitlement. This tion Association, the National Trust coastal States some contribution for money is in a special account. The for Historic Preservation, the Natural the minerals produced offshore in some money must be spent for the purpose, Resource Defense Council, Scenic kind of way commensurate with the or it remains in the account. America, the Wilderness Society, and money that America automatically If we look at the precedent of the the Worldwide Fund. I mean, this is an mandates is provided to interior States Violent Crime trust fund, all of that amazing group of people supporting for minerals produced on Federal lands money is spent because these are im- this. The President supports it. in interior States. portant programs to the American peo- I want my colleagues to know, I be- The law currently mandates 50 per- ple. lieve that this is one of the most im- cent of all Federal royalties on interior As the ranking Democrat, I want to portant things on a bipartisan basis States’ federally owned property goes tell my colleagues that it is my intent done in this Congress. So we should be to the States. Committee on Appro- that this money gets spent for all the celebrating today. We should be happy priations does not spend it. No yielding people. I would say to the gentleman with this work product. Let us get on of appropriations. It is a mandate to from Alaska (Mr. YOUNG) this bill has with it. Let us vote for the rule and the interior States. This bill would so much money. This bill has so much pass this excellent conference report. have provided 27 percent to be shared for the great State of Alaska. This is ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE among all coastal States. That is gone. one of the greatest funding bills in The SPEAKER pro tempore. The There is no guarantee for coastal Alaska’s history. I would hope that the Chair would remind all Members it is money. There is just a lot of Federal gentleman, after he has his vote on the not in order during debate to charac- land acquisition with no private prop- rule, would think about all of that terize the legislative positions of the erty rights. That is not the deal that money for all of those Alaskan pro- Senate or individual Senators. CARA would have offered us. grams and that he would be with me on Mr. HASTINGS of Washington. Mr. b 1230 final passage on the bill. Speaker, how much time is remaining I would say to the gentleman from on both sides? Ms. SLAUGHTER. Mr. Speaker, I Alaska, I want to correct one thing The SPEAKER pro tempore. The gen- yield 5 minutes to the gentleman from that was in his letter. The money for tleman from Washington (Mr. Michigan (Mr. DINGELL). the State games is not just for HASTINGS) has 16 minutes remaining, (Mr. DINGELL asked and was given nongame. It is for game and nongame. and the gentlewoman from New York permission to revise and extend his re- Mr. YOUNG of Alaska. Mr. Speaker, (Ms. SLAUGHTER) has 10 minutes re- marks.) will the gentleman yield? maining. Mr. DINGELL. Mr. Speaker, I express Mr. DICKS. Yes, I yield to the gen- Mr. HASTINGS of Washington. Mr. my thanks to the distinguished gentle- tleman from Alaska. Speaker, I am pleased to yield 2 min- woman for yielding me this time, and I Mr. YOUNG of Alaska. Mr. Speaker, utes to the gentleman from Louisiana want to commend and compliment my that shows my colleagues how deeply I (Mr. TAUZIN). good friends from the Committee on believe that CARA was the right way Mr. TAUZIN. Mr. Speaker, let there Appropriations. They have ‘‘done to go when I can take and sacrifice the be no mistake about it, CARA is not in good.’’ The problem is, they have not great work that has been done for the this bill. CARA is not in this bill. Ev- done good enough. State of Alaska that I worked on for erybody should know that. I want to express my respect and af- the benefit of the Nation as a whole. I want to speak especially to the 102 fection for the distinguished gentleman Mr. DICKS. Also, Mr. Speaker, I Members of this body who voted from Wisconsin (Mr. OBEY) and the think it is because the gentleman from against CARA. If my colleagues will gentleman from Washington (Mr. Alaska knows that the chairman of the examine their conscience, they will DICKS) and also the gentleman from appropriations committee in the other have to admit with me that most of Ohio (Mr. REGULA). They are good body is going to make sure that the them voted against CARA because they Members, and I do not want them to money remains in there. did not think there was enough prop- take anything I say here today as Mr. Speaker, I yield to the gentleman erty rights protection in a bill that was being hostile to them. However, they from Wisconsin (Mr. OBEY). I appre- going to authorize an enormous have chosen to legislate without hear- ciate his hard work and his guidance amount of land acquisition in this ings; without opportunity to perfect. and his effort on this legislation. country. What those of us who oppose the rule Mr. OBEY. Mr. Speaker, I would just Some of my colleagues are from want the House to do is to allow us to like to say that some of the environ- western States where the government vote the rule down so that we may mental groups who think they are get- already owns 60, 70, 80 percent of the come up with a better piece of legisla- ting a bad deal remind me of what property in their State. They were con- tion, one which was approved by the some of the senior citizen groups did cerned about the government acquiring House by an overwhelming vote. I refer when Social Security was passed in the some more land without real strong to CARA, H.R. 701. It passed the House 1930s. They opposed Social Security, private property protections. by a very heavy margin, 315 to 102. It is which is a compromise with the Town- Well, guess what we are going to vote interesting to note that this was one of send plan. Some of those senior citizen on today when we vote on this Interior the most bipartisan bills that I have groups opposed the creation of Social appropriations bill. We are going to ever seen, but also certainly the single Security because they wanted the vote on $540 million of new land acqui- most bipartisan piece of legislation Townsend plan to pass, which was a sitions in this country with no private that has passed this Congress. straight $100 a month check to seniors property protections. CARA had 21 sep- Those of us who led that effort to with no contributions or anything else. arate provisions in it protecting pri- pass CARA share a common passion, So they savaged Members who voted vate property. That is not in this bill. providing a meaningful and dedicated for the compromise. There is no provision saying one can and continuing source of conservation This is a similar compromise. Five only buy from a willing seller. funding for fish, for wildlife, for lands years from now they will be out to ring In other words, under this bill, one and waters, for recreation and open the neck of anybody who tries to cut can spend $540 million of acquiring spaces, and to meet the concerns that this program. property from people who do not want confront so many of our States and our Mr. DICKS. Mr. Speaker, I would like to sell their land. That is called expro- communities. Remember, we will not to read, by the way, the names of the priation. When we vote for this bill have many opportunities to pass a H8646 CONGRESSIONAL RECORD — HOUSE October 3, 2000 piece of legislation like this. This is an today and come forward with less which gives NEA a minimal but monu- opportunity that will probably come money. mental increase. once in a lifetime. In all the years that Now, they will tell us about the vio- Ms. SLAUGHTER. Mr. Speaker, I I have served in this body, never once lent crime reduction trust fund. That yield 2 minutes to the gentleman from have I seen an opportunity of this mag- expired the other day, and it was never Louisiana (Mr. JOHN). nitude to do good for Americans, for fully funded. They have always told us Mr. JOHN. Mr. Speaker, I thank the conservation, for fish and wildlife that what a great thing it was. And it was gentlewoman for yielding me this time. matched this. And never once have I great, and I commend them for it. But Mr. Speaker, I rise in opposition to seen anything which did so much to re- it did not come through a legislative this conference report. With all due re- alize the hopes and the ideals of those committee and it did not have the su- spect to the gentleman from Wisconsin of us who love the out-of-doors. pervision and the care and the atten- and the gentleman from Washington, Now, I have no doubt that the lan- tion that goes to it. And it also was not my friends on this side of the aisle and guage contained in the Interior appro- as fully honored as it could have been the other side of the aisle, who have priation bill and this land conservation and should have been. Certainly we are done a pretty good job putting a piece program was drafted with the best of going to meet the same situation, of legislation that is controversial year intentions. It is again, I note, an effort where the Committee on Appropria- to year on the floor before us, we have by my good friends on the Committee tions will shave conservation values heard other speakers before me say on Appropriations to legislate well. just is a little here and just a little that this is not CARA and I can tell my And part of that legislating well is pre- there, because it is easy to do when the colleagues that this is not CARA. The energy behind the Conservation serving the jurisdiction of that com- pressures are on to expend monies for and Reinvestment Act, H.R. 701, is mittee and part of it is in sidetracking other purposes. CARA, something which that com- Again, I announce my respect for my about one thing, it is about perma- nency. It is about making sure that mittee found to be highly offensive, as good friends, the gentleman from Wis- they can plan for the future. Coastal we had this legislation on the floor at consin (Mr. OBEY), the gentleman from programs, ball parks, conservation, an earlier time, because it did take Washington (Mr. DICKS), the gentleman wildlife management programs, they away from the Committee on Appro- from Ohio (Mr. REGULA), and my col- can all function if they know that they priations the ability to function by leagues on the Committee on Appro- are going to have a revenue stream whim and caprice, to deny new con- priations; but they are not meeting the that is certain from year to year. That servation money and, in effect, to sup- real challenges of greatness. They are is the energy behind CARA and why plant the efforts of the legislative com- passing aside an opportunity. They are 3,000 groups supported this piece of leg- mittees around here which are strongly urging this body to reject something islation and 300 Members of the House and deeply and sincerely conversed in which is perhaps the greatest piece of voted for it. this. conservation legislation we can pass in Let me remind my colleagues that it The premise of CARA was to take this Congress or indeed in any other. is not CARA, if I take just an excerpt Federal resource revenues from the Mr. HASTINGS of Washington. Mr. of the conference report of the Interior Outer Continental Shelf to reinvest Speaker, I yield 2 minutes to the gen- bill that we are voting on today in the them for conservation purposes. And it tleman from North Carolina (Mr. rule, and see where it says this pro- was originally intended, when the Con- BALLENGER). gram is not mandatory and does not gress passed the Land and Water Con- Mr. BALLENGER. Mr. Speaker, I guarantee annual appropriations. That servation Fund in the 1960s, that this thank the gentleman for yielding me is obviously what they have meant be- would be done. Since that time, the this time. cause they put it in black and white. Committee on Appropriations has had Today, we have an opportunity to re- Well, that undermines, I believe, and the opportunity to do the kinds of ward an agency which has completely unravels the energy and the excite- things we are talking about today. turned itself around. For the first time ment behind a piece of legislation that Without the pressure of CARA, they in over 8 years, we have the chance to is, I believe, one of the greatest pieces never would have done them. give the National Endowment for the of legislation that we have had. So I say let us assist our good friends Arts a small increase. It should be We have a wonderful opportunity on the Committee on Appropriations. noted that this increase is dedicated to here. The year is 2000. We have sur- Let us help them. Let us see to it that grants such as Challenge America. pluses that we are dealing with. We we have an opportunity, if we are going Challenge America is an opportunity have the greatest opportunity, I be- to legislate, to legislate well. Vote the to serve smaller communities around lieve, in our lifetime to put in perma- rule down. A new rule can be brought the United States. Sixty percent of nent funding for building ball parks, to back, and we can have a full oppor- Challenge America grants will be dis- save our coastline in Louisiana. We tunity then to address all of the impor- tributed to communities under 200,000 talk about an energy policy and the tant questions that exist with regard in population in all 50 States. The in- suspect of time that we are entering to conservation, and with regard to tent of this program is to reach pre- into with oil and gas prices. Well, Lou- spending proper levels of funds to save viously unserved communities in the isiana, which produces 80 percent of and protect open spaces and the con- same way that ArtsREACH programs that, is eroding. servation and environmental values work. I firmly believe that we still have that are so important to this country. My colleagues may recall that in the time for CARA. Let us not go forward The language of the conference re- first 2 years of ArtsREACH grants were with the rule that halfway gets us to port is quite clear. It says the program made to the 123 mostly new commu- where we need to go. I urge my col- is not mandatory and does not guar- nities, including places like Ft. leagues to oppose the rule. antee annual appropriations. If Mem- Washakie, Wyoming; Deadwood, South Mr. HASTINGS of Washington. Mr. bers need a reason to vote against this Dakota; and Hattiesburg, Mississippi. Speaker, I yield 2 minutes to the gen- rule so that they can vote for some- The remaining 40 percent of the Chal- tleman from Washington (Mr. thing which is of more lasting and per- lenge America grants will be passed NETHERCUTT). manent character, this is the reason through the 56 State and Territorial Mr. NETHERCUTT. Mr. Speaker, I right here. This is what the Committee arts agencies in keeping with the con- thank the gentleman for yielding me on Appropriations is saying to us. This gressional practice of splitting NEA this time. is not permanent. I am sure that they funds between State and national pro- Mr. Speaker, I am happy to stand in have the best of intentions at this grams. favor of this rule and stand in favor of time, but within a year there will be These new grant initiatives are part this Interior Conference Report. As a new pressures upon the Committee on of a new NEA which supports projects member of the Subcommittee on Inte- Appropriations which will tell the in over 4,000 locations in the country. rior of the Committee on Appropria- Committee on Appropriations that Today, NEA is doing more for commu- tions, I have been proud to work with they should perhaps cavil just a little nities in need than ever before, and I the Democrats and Republicans. Cer- bit on the commitment that they make urge my colleagues to pass this bill tainly my chairman, the gentleman October 3, 2000 CONGRESSIONAL RECORD — HOUSE H8647 from Ohio (Mr. REGULA), has done a my colleagues who represent coal field pending legislation would tap additional masterful job of being sensitive to all communities, whether they be in Appa- amounts of interest in the reclamation fund to sides of these issues of conservation lachia, in the Midwest or the western provide for the cash infusion into the CBF. and reinvestment and fire protection States, not turn their backs on these This is an important consideration because it and all the things that go into the In- retirees. They were made a promise, a is the coal industry itself which pays a fee that terior Appropriation Bill. promise endorsed by the Federal Gov- finances the Abandoned Mine Reclamation One thing is certain about this busi- ernment, of lifetime health care. This Fund. It is, as such, the coal industry which is ness: Nobody is ever satisfied. We can- legislation keeps faith with that prom- still paying for the health care benefits of not ever get perfection, but the con- ise. these retirees under the provision contained in ference committee, Democrats and Re- Mr. Speaker, we are currently dealing with a this legislation. publicans alike, struggled over this bill situation where what is known as the Com- There is no doubt in anyone's mind involved to try to make it right, to get it the bined Benefit Fund (CBF) is facing financial in- with this issue that a long term solution must best we could for everybody concerned. solvency. In this regard, Senator ROBERT C. be devised. My CARE 21 legislation would People in my part of the State of Wash- BYRD championed a provision in the pending have done just that. Unfortunately, it has not ington are very concerned about CARA legislation that would transfer up to $94.5 mil- been brought to the House floor and its coun- and the mandatory spending require- lion to the CBF to insure that health care ben- terpart has not been considered in the other ment. Whether it is needed or not, it is efits are not curtailed or halted in the imme- body. Indeed, there is still a level of greed mandatory. diate future. This provision is modeled after among certain entities involved in this issue as I think our system of appropriations legislation I sponsored in the House, H.R. reflected in the litigation they are bringing and discretionary spending in the years 4144, known as the CARE 21 bill. against the CBF that is stymieing legislative ahead is going to be better to have the By way of background, the CBF was cre- efforts in this matter. This is going to have to Committee on Appropriations and the ated in the Coal Act of 1992 to provide health change because the current impasse on de- Congress as a whole making these judg- care benefits for retired United Mine Workers vising a long term solution has in my view no ments about conservation lands on an of America coal miners who were eligible to benefit. It certainly does not benefit the many annual basis rather than forcing a receive benefits as of July 20, 1992, under thousands of elderly retired coal miners and mandatory spending program whether one of two prior multi-employer funds. Under their widows who are being held hostage to it is needed or not. the terms of the Coal Act, companies which this situation. So I have great respect for the gen- signed past National Coal Wage Agreements Mr. Speaker, I urge adoption of this tleman from Alaska (Mr. YOUNG). But I with the union are responsible for paying pre- rule, and I commend the ranking mi- think he has to have great respect for miums for retired miners assigned as being nority member, the gentleman from the gentleman from Washington (Mr. their responsibility. For those retirees where Washington (Mr. DICKS); the gentleman DICKS) and the gentleman from Wis- there is no responsible company can be iden- from Wisconsin (Mr. OBEY); the gen- consin (Mr. OBEY) and the gentleman tified, the Coal Act provides for an annual tleman from Ohio (Mr. REGULA); and from Ohio (Mr. REGULA), as well as my- transfer to the CBF of a portion of the interest the gentleman from Alaska (Mr. self and others who worked so hard to which accrues to the unspent balance of the YOUNG) for their help in including this craft this compromise to make sure Abandoned Mine Reclamation Fund to pay provision in the legislation. that it meets the White House’s needs premiums for these unassigned beneficiaries. Mr. HASTINGS of Washington. Mr. and the Republicans and the Demo- Today, however, the CBF is facing funding Speaker, I yield 1 minute to the gen- crats needs, and that is fair under the shortfalls primarily due to a rash of litigation tleman from Alabama (Mr. CALLAHAN). circumstances. brought by companies on a variety of fronts. (Mr. CALLAHAN asked and was If we vote against this bill, we are First, under the Eastern case, the Supreme given permission to revise and extend voting against National Park Service Court relieved what are called the ``super his remarks.) operations; against fire remedies that reachback'' companies from responsibility to Mr. CALLAHAN. Mr. Speaker, I occurred this summer in the West; we their former employees thereby adding some thank the gentleman for yielding me will be voting against Indian Health 8,000 retirees to the unassigned beneficiary this time. Service. That is critically important in roles. These companies had at one time been Mr. Speaker, let me first say that I my part of the country and across this signatories to the National Coal Wage Agree- certainly sympathize with the appro- Nation, as Indian populations have in- ment, but were not parties to the 1978 Agree- priators, and I sympathize with the au- creased in their health needs. We will ment which included what is known as the thorizers as well. be voting against the weatherization ``evergreen clause'' in which companies com- b 1245 grants if we vote against this bill. mitted to a continuing payment obligation. Liti- The bottom line for me is this is a gation has also been brought in what are We are always faced as to whether or fair compromise. It puts the conserva- called the Dixie Fuel cases where companies not we are going to be able to come tion decision-making right where it challenge the validity of assignments made to along with a rider, whether or not this ought to be, on Congress, making its them. And a third round of major litigation is time it is okay, or this time it is not best judgments on an annual basis, and taking place challenging beneficiary premium okay. But in this particular case I I hope the membership will approve it. rates under what is known as the Chater deci- think the House’s will is not being Ms. SLAUGHTER. Mr. Speaker, I sion. taken into consideration. yield 1 minute to the gentleman from This litigation is chipping away at the finan- When we passed the CARA legislation West Virginia (Mr. RAHALL). cial solvency of the CBF and it should be through the House with 315 votes, I (Mr. RAHALL asked and was given noted these cases are being brought by com- think that is a pretty good expression permission to revise and extend his re- panies that are both current signatories to the of what this House of Representatives marks.) National Coal Wage Agreement as well as wants us to do. When the chairmen of Mr. RAHALL. Mr. Speaker, I thank what are called ``reachback'' operators who the authorizing committees come to the gentlewoman for yielding me this were parties to the 1978 Agreement but not to the chairmen of the appropriation com- time, and I rise in support of the rule the current agreement. In effect, and there is mittees and say we want you to put and, indeed, the underlying measure, no way to get around this fact, these compa- this rider on here, then we are faced the conference report on the fiscal year nies are seeking to reduce or walk away from with a different situation, Mr. Speaker. 2001 interior appropriation bill. their past collectively bargained obligations to We are in a dilemma. Contained in this legislation is up to provide lifetime health care coverage for their I am going to vote for the rule today, $94.5 million to bolster the financially former employees. This creates a certain di- but I disagree with the fact that we are ailing, congressionally mandated pro- lemma for the Congress as it is the Congress not given the opportunity to bring gram that provides health care to cer- which created the CBF and I believe we have forth the will of the House somewhere tain retired coal miners and their de- a moral obligation to these retirees despite the during this process. If it were possible pendents. If this funding is not forth- actions being taken by their former employers. to recommit this to the Committee on coming, some 60,000 beneficiaries, However, at the same time, I do not believe it Rules, then I would recommit it and whose average age is 78 years old, will is prudent to use General Fund revenues for ask the Committee on Rules to give us see their health care cut. So I ask that this purpose. Instead, the provision in the an opportunity to amend the rule so we H8648 CONGRESSIONAL RECORD — HOUSE October 3, 2000 could bring forth an amendment which I am voting no and I am going to ask Cubin Kanjorski Regula could be set back. Maybe there will be for a vote on the rule. Cummings Kaptur Reyes Cunningham Kasich Reynolds an opportunity of recommittal, maybe Ms. SLAUGHTER. Mr. Speaker, I Davis (FL) Kelly Rodriguez we will have a voice, but I think that yield the balance of my time to the Davis (IL) Kennedy Rogan those of us that are interested in CARA gentleman from Wisconsin (Mr. OBEY). Davis (VA) Kilpatrick Rogers have been shortchanged. Mr. OBEY. Mr. Speaker, what we Deal Kingston Rohrabacher Ms. SLAUGHTER. Mr. Speaker, I DeLauro Kleczka Ros-Lehtinen hear today is that there are four oil- DeLay Knollenberg Rothman yield 1 minute to the gentleman from producing coastal States who this year DeMint Kolbe Roukema Washington (Mr. DICKS). get $100 million and who under CARA Diaz-Balart Kucinich Roybal-Allard Mr. DICKS. Mr. Speaker, I would just want to get $1 billion, and they are un- Dickey Kuykendall Royce say to my colleagues, this is an indica- happy because we only gave them $400 Dicks LaFalce Rush tion of where the money will go under Dixon LaHood Ryan (WI) million. That is the truth. We spread Doggett Lampson the amendment that I and the gen- Ryun (KS) the money around more fairly among Dooley Lantos Sabo tleman from Wisconsin (Mr. OBEY) of- all the States, and we make no apology Doolittle Largent Salmon fered. First of all there would be $550 Doyle Larson Sanford for it. Dreier Latham million for the Federal and State Land The fact is this is a historic bill. It is Sawyer and Water Conservation Fund. State Duncan LaTourette Scarborough the best conservation funding bill that Edwards Leach and other conservation programs would Schaffer we have seen in a generation. This Ehlers Lewis (CA) Schakowsky get $300 million. Urban parks and his- raises conservation funding from $4 bil- Ehrlich Lewis (KY) Scott Emerson Linder toric preservation, $150 million; $150 lion to $12 billion over a 6-year period, Sensenbrenner million for the maintenance backlog; Engel Lipinski Serrano and that money if it is not spent on English LoBiondo Sessions and $50 million for PILT. these conservation programs cannot be Etheridge Lofgren This is not guaranteed, but this Shadegg spent on any other item. That is as Evans Lowey Shaw money is prioritized in the budget allo- Everett Lucas (KY) close to a guarantee as we can get. It is Shays cation and Congress is going to spend Ewing Lucas (OK) Sherman a phenomenal victory for the environ- Farr Maloney (CT) this money as we have spent the money Sherwood Fattah Maloney (NY) mental movement and a phenomenal Shimkus on the Violent Crimes trust fund. So it Filner Manzullo victory for those who want to protect Shows is not a guarantee, but it is about as Fletcher Markey Simpson our outdoor resources. Foley Martinez close as we are going to get to one and Sisisky The rule should be supported. The Forbes Mascara still let the Congress have some over- Skeen Ford Matsui bill should be supported. This is some- Skelton sight over these programs. This is a Fossella McCarthy (NY) thing we can all go home and be proud Slaughter tremendous increase. The President Fowler McCrery of. Smith (MI) supports it. Most of the outside con- Frank (MA) McGovern Smith (NJ) Mr. HASTINGS of Washington. Mr. Frelinghuysen McHugh servation groups support it. It is a Smith (TX) Speaker, I urge my colleagues to sup- Frost McInnis chance for us to triple the amount of Smith (WA) Gallegly McIntyre port this rule so we can get on with Snyder funding spent on these programs. Ganske McKeon this process. Spence Now, it is not CARA; but I actually Gejdenson McNulty think it is better than CARA because it Mr. Speaker, I yield back the balance Gekas Meehan Spratt is a blend between the President’s land of my time, and I move the previous Gephardt Meek (FL) Stabenow Gibbons Menendez Stearns legacy and the CARA program. question on the resolution. Stenholm The previous question was ordered. Gillmor Metcalf Mr. HASTINGS of Washington. Mr. Gilman Mica Strickland Speaker, I yield 1 minute to the gen- The SPEAKER pro tempore. The Goode Millender- Stump tleman from Alaska (Mr. YOUNG). question is on the resolution. Goodlatte McDonald Sununu (Mr. YOUNG of Alaska asked and was The question was taken; and the Goodling Miller (FL) Sweeney Talent given permission to revise and extend Speaker pro tempore announced that Gordon Miller, Gary Goss Minge Tancredo his remarks.) the ayes appeared to have it. Graham Moakley Tanner Mr. YOUNG of Alaska. Mr. Speaker, Mr. YOUNG of Alaska. Mr. Speaker, I Granger Mollohan Tauzin there has been a lot said about George object to the vote on the ground that a Green (TX) Moran (KS) Taylor (MS) Frampton supporting it. That is prob- Green (WI) Moran (VA) Taylor (NC) quorum is not present and make the Terry ably the biggest reason to vote against Greenwood Morella point of order that a quorum is not Gutierrez Murtha Thomas the rule. present. Gutknecht Myrick Thompson (MS) The second thing is that every gov- The SPEAKER pro tempore. Evi- Hall (OH) Nadler Thornberry ernor in the country now has blasted Hall (TX) Neal Thune dently a quorum is not present. Thurman this agreement. Every governor. The The Sergeant at Arms will notify ab- Hastert Nethercutt Hastings (WA) Ney Tiahrt mayors, the legislative bodies have sent Members. Tierney blasted this so-called Interior appro- Hayes Northup The vote was taken by electronic de- Hayworth Nussle Toomey priations. vice, and there were—yeas 354, nays 65, Herger Obey Towns So do not give everybody how much Traficant not voting 15, as follows: Hill (MT) Olver they support it. In reality, the gov- Hilleary Ose Turner [Roll No. 506] Hinchey Owens Udall (CO) ernors know right now we are back to Udall (NM) YEAS—354 Hinojosa Oxley square one. We have got to go back to Hobson Packard Upton Aderholt Bilbray Campbell the appropriators and grovel, hold our Hoeffel Pallone Velazquez Allen Bilirakis Canady Hoekstra Pascrell Visclosky hand out and beg at the end of the ses- Archer Bishop Cannon Holden Pastor Vitter sion. Armey Bliley Capps Hooley Payne Walden By the way, Mr. Speaker, this has Baca Blumenauer Capuano Horn Pease Walsh Bachus Blunt Castle happened to us now for 6 years, 8 years, Pelosi Wamp Baird Boehlert Chabot Hostettler 10 years. Wait until the last moment, Houghton Peterson (PA) Waters Baker Boehner Chenoweth-Hage Watkins the Senate does not do anything, they Baldwin Bonilla Clayton Hoyer Petri Watts (OK) Ballenger Bonior Clement Hulshof Pickering hold it; and then the appropriators get Weiner Barr Borski Clyburn Hunter Pickett together in the back room, and the car- Weldon (FL) Barrett (NE) Boswell Coble Hutchinson Pitts dinals decide what legislation is going Barrett (WI) Boucher Coburn Hyde Pombo Weldon (PA) to pass and not pass. The natives are Bartlett Boyd Collins Inslee Pomeroy Weller getting restless, buddy. I am going to Barton Brady (PA) Combest Istook Porter Weygand Bass Brady (TX) Condit Jackson (IL) Portman Whitfield suggest respectfully, that is not the Becerra Brown (FL) Cook Jackson-Lee Price (NC) Wicker way this Congress was set up. It is not Bentsen Bryant Cooksey (TX) Pryce (OH) Wilson good legislation; it is wrong and Bereuter Burr Costello Jenkins Quinn Wise against the House rules, but we are Berkley Burton Cox Johnson (CT) Radanovich Wolf Berman Buyer Coyne Johnson, E. B. Rahall Wu ready to go home, so everybody wants Berry Calvert Cramer Johnson, Sam Ramstad Wynn to vote for this thing. Biggert Camp Crowley Jones (OH) Rangel Young (FL) October 3, 2000 CONGRESSIONAL RECORD — HOUSE H8649 NAYS—65 The Chair recognizes the gentleman we also had to address other emer- Abercrombie Gonzalez Norwood from Ohio (Mr. REGULA). gencies that were overlooked in the Ackerman Hansen Oberstar b 1315 supplemental appropriations bill. Andrews Hill (IN) Ortiz While it is a large number, it does Baldacci Hilliard Peterson (MN) Mr. REGULA. Mr. Speaker, I yield Barcia Holt Phelps represent a number of dollars that were Blagojevich Isakson Rivers myself such time as I may consume. meant to address the interests of many Bono Jefferson Roemer (Mr. REGULA asked and was given Members in the House. The conference Brown (OH) John Sanchez permission to revise and extend his re- report includes a new land conserva- Callahan Jones (NC) Sanders Cardin Kildee Sandlin marks.) tion, preservation and infrastructure Carson Kind (WI) Saxton Mr. REGULA. Mr. Speaker, first of improvement title which makes avail- Chambliss Lee Shuster all I want to thank those that sup- able $12 billion over the next 6 years Clay Levin Souder ported the rule; and to all Members, I Conyers Lewis (GA) Stark for programs such as Federal and State Crane Luther Stupak believe that this bill today is some- land acquisition, urban parks, State Danner McCarthy (MO) Tauscher thing we can point to with pride in sup- and wildlife conservation, PILT and DeFazio McDermott Thompson (CA) porting it. backlog maintenance. State and other DeGette McKinney Watt (NC) I know there are differences on how Delahunt Meeks (NY) Waxman conservation programs receive $300 Deutsch Miller, George Woolsey we approached it, but this bill provides million, $300 million to the States, in- Dingell Mink Young (AK) for the future of this Nation in terms cluding a new $50 million State wildlife Gilchrest Moore of our assets, our land and our unique grant program. NOT VOTING—15 ecology; and I hope that all of my col- We do ask for accountability, and I Dunn King (NY) Napolitano leagues will look carefully at all the think that is our responsibility to the Eshoo Klink Paul things that are in this bill, to realize taxpayers to say to the States we want Franks (NJ) Lazio Riley what it means, not only to your dis- you to be accountable in the expendi- Hastings (FL) McCollum Vento Hefley McIntosh Wexler trict, but to the Nation. tures of these monies. As my term as chairman of the Sub- Also in this report, there is $200 mil- b 1310 committee on Interior Appropriations lion for PILT, that is $65 million more Mr. VITTER and Mr. HINOJOSA nears an end with this conference than what was in the bill that passed changed their vote from ‘‘nay’’ to agreement, I would especially like to the House. And again I think it is a ‘‘yea.’’ take the opportunity to thank the recognition that we have to support So the resolution was agreed to. Members of the subcommittee. I might these local governments, the schools The result of the vote was announced say that this conference was unique. and local government agencies with as above recorded. For the first time in my 6 years on this some type of substitute for the losses A motion to reconsider was laid on subcommittee, the conference report that they have because of the Federal the table. was signed by every member of the lands, and so I am pleased that we have Stated for: conference committee from both par- a very substantial amount in PILT. Mrs. NAPOLITANO. Mr. Speaker, on rollcall ties in both Houses, and it will be sup- We have initiated several new fund- No. 506, the Rule for Interior Appropriations ported by the administration. ing provisions to prepare for wildfires, Conference Report, I was unavoidably de- I thank the Members for their sup- wildfires that have swept across the tained in a business meeting. Had I been port as we did work together to West. There is $128 billion for State and present, I would have voted ``yea.'' produce this agreement. Especially I rural fire and economic assistance. We f extend my appreciation to the gen- recognize, and I know many of my col- leagues watched the shows that the GENERAL LEAVE tleman from Washington (Mr. DICKS) people were coming even from offshore Mr. REGULA. Mr. Speaker, I ask and the gentleman from Wisconsin (Mr. OBEY) for their hard work during our to help fight the wildfires, and, of unanimous consent that all Members course, the States and local commu- may have 5 legislative days within conference and throughout the year. Finally, I want to express my appre- nities were very instrumental in this which to revise and extend their re- ciation to the excellent staff on the effort. marks and that I may include tabular We have $377 million to increase subcommittee who have dedicated and extraneous material on the con- wildfire readiness, $422 million for ad- hours, numerous hours on this bill. And ference report to accompany H.R. 4578. ditional wildfire suppression and $277 I wanted to also make a comment here, The SPEAKER pro tempore (Mr. million for hazardous fuel reduction and that is that this bill is in the true LAHOOD). Is there objection to the re- work. To address the impact of the cur- tradition of Sid Yates, who was the quest of the gentleman from Ohio? rent fire season, we have also provided previous chairman of this sub- There was no objection. $227 million to rehabilitate areas dam- committee. I think Sid would be very f aged by fires and $351 million to reim- proud of what is in this bill. In his burse firefighting costs already in- CONFERENCE REPORT ON H.R. 4578, many years as chairing the sub- curred. DEPARTMENT OF THE INTERIOR committee, much of what we have done And I say one of the good features is AND RELATED AGENCIES APPRO- are things that he cherished and that we try to clean up forests through PRIATIONS ACT, 2001 worked for. And I say to you, Sid, if the readiness programs and through Mr. REGULA. Mr. Speaker, pursuant you are watching, that we thank you the suppression programs, so that when to House Resolution 603, I call up the for all of your good service. This bill we get lightning strikes, they do not conference report on the bill (H.R. 4578) today perhaps is an accumulation of burn with such intensity, because as making appropriations for the Depart- some of the things that you were push- you have fuel buildup by failure to thin ment of the Interior and related agen- ing for for years and years as you and so on, you obviously add to the in- cies for the fiscal year ending Sep- chaired the committee. tensity of any blazes. tember 30, 2001, and for other purposes. This is a good bill, I say to my col- I am especially pleased that we have The Clerk read the title of the bill. leagues, one that all of us should sup- addressed the numerous operational The SPEAKER pro tempore. Pursu- port. It provides $18.8 billion in the and maintenance shortfalls. We have ant to House Resolution 603, the con- funding for the Department of the Inte- $1.4 billion for the operation of the na- ference report is considered as having rior and related agencies. It includes tional parks, $25 million more than last been read. wildfire funding, a recognition that the year. We have $1.6 billion for the BLM (For conference report and state- fires are a problem on our 200 million which includes a $66 million increase ment, see proceedings of the House of acres of forest land. It has $2.9 billion overall, and $18 million for revision of September 29, 2000, at page H8472.) and of that amount, $1.6 billion is the Bureau’s land management plans, The SPEAKER pro tempore. The gen- emergency funding. And for those of and $356 million for national wildlife tleman from Ohio (Mr. REGULA) and my colleagues who noticed the size of refuges. the gentleman from Washington (Mr. this bill, keep in mind that we had to Funding has been included within DICKS) each will control 30 minutes. address not only fire emergencies, but these operational accounts to address H8650 CONGRESSIONAL RECORD — HOUSE October 3, 2000 maintenance priorities. This is some- Indian schools from the Bureau of In- House. We are elected by the people to thing I have always been interested in, dian Affairs priority list. make policy decisions, and I believe probably harped on it a little bit, that We have increased funding for impor- that in this bill we recognize the im- we must take care of what we have; We tant energy research and conservation portance of that role. recognize this need with an additional programs to address the needs of con- I have great confidence that in the amount of funding. We put in $12 bil- sumers as we approach what is antici- years ahead those who have that re- lion, a portion of that has to be used pated to be a difficult winter heating sponsibility will exercise it wisely. for maintenance, because we recognize season. Funding for energy conserva- Finally, Mr. Speaker, I have two that while it is nice to build new build- tion is $815 million; and of that, $153 technical changes to the conference re- ings and buy more land, it is also just million is provided for weatherization port that I ask unanimous consent be as important to take care of what you grants that are distributed through printed in the RECORD at this time. have. local communities. First on page 177, the increase of $4 Funding for urban parks has in- I might say fuel cells show a lot of million for heavy vehicle propulsion is creased to $30 million and funding for promise. We are making progress in an error. The $4 million increase is for State and private forestry is increased automobiles and making them more advanced power electronics. by $48 million to $251 million. I think energy efficient. All of those things Secondly, page 135, the Lincoln Pond/ particularly in the case of the urban will help us deal with the crisis, which Colonial Theater should be Lincoln parks, there is a recognition that as I think is probably here to stay, over Road Colony Theater. our populations become more urban- the long period of time; we, therefore, The SPEAKER pro tempore (Mr. ized, it is important for the quality of need to be prepared for that. LAHOOD). Let the Chair just clarify for life in urban areas to have parks, in- The managers included increases for the gentleman from Ohio. Those cor- stall pocket parks, to have trees plant- the several cultural agencies in the rections, the gentleman needs to make ed, to enhance the overall quality of bill, including the National Gallery of those in the RECORD. The gentleman the programs and the communities in Art, the U.S. Memorial Holocaust Mu- cannot correct the conference report or which our urban population lives. seum, the Kennedy Center, and the joint statement by asking unanimous The conference agreement contains Smithsonian. Further we have provided consent. funding for a number of important en- $98 million to the National Endowment So the gentleman knows, they will vironmental efforts, including South for the Arts and $7 million for the show up in the RECORD; the RECORD Florida Ecosystem Restoration Initia- Challenge America Arts Fund to pro- will reflect congressional intent. But tive, the North American Wetlands vide art education funding to rural the Chair does not want the gentleman Conservation Fund, a public-private America and other underserved areas. to be left with the impression that it program which is funded at $40 million Let me emphasize that the additional was done by asking unanimous con- for wildlife, habitat projects, and $187 money in the arts is $7 million; it is in sent, to correct the joint statement million for environmental restoration a separate account. It will be adminis- that cannot be done. through the Abandoned Mine Reclama- tered by the NEA, but it is directed to Mr. REGULA. Mr. Speaker, one last tion Fund, which provides funding for rural America and to underserved comment, I urge all the Members to cleanup of abandoned mine lands. areas. We want this to be widespread, look at the press release, and my col- I wish that number could be more, small grants. because I think it really is kind of a leagues will see what all is in this bill. There are a couple of stories in my I think we will be proud to say I voted sad commentary on what we have done local paper this week about a small to some of our lands by virtue of min- for it. grant of something like $20,000 and Mr. Speaker, I reserve the balance of ing without any form of reclamation, what a difference it made in a school but we have to do what we can to re- my time. program. b store these areas. Funding for the National Endowment 1330 Up to $10 million of the Abandoned for the Humanities is increased to Mr. DICKS. Mr. Speaker, I yield my- Mine Reclamation Fund may be used $120.3 million. self 8 minutes. for the Appalachian Clean Streams Ini- Mr. Speaker, through this bill, we Mr. Speaker, I rise in support of the tiative, because obviously abandoned will be able to accomplish a number of fiscal year 2001 appropriations con- mines have an impact on streams high priority projects for many people ference report. I wish to commend my through acid mine drainage and other across this great Nation, especially in colleague, the gentleman from Ohio types of pollutants that get into the the area of land conservation and habi- (Mr. REGULA), who I think brings us streams. Further, through funding for the U.S. tat restoration. The conference agree- today a historic bill to the floor of the Geological Survey, scientists can assist ment strikes a delicate balance be- House of Representatives. our land management agencies in mak- tween those in this House who would I want to compliment him and his ing informed, environmentally sound urge us to go further and provide larger staff, led by the very able Debbie decisions in natural resources that sums and those who believe that in the Weatherly. I also want to thank my may not sound like a lot. But that is area of Federal land acquisition, the staff, Mike Stephens and Lesley Turn- very important, because it means that Federal Government already owns er, for the outstanding work and the these agencies work together. enough. work of all the staff members on the Sometimes I am struck by the fact We have a dichotomy among our Committee on the Interior. that agencies almost sound like they Members on this subject, but let me I have been impressed over the 24 serve two different countries, and I am say I think we have tried to strike a years that I have served on this com- delighted that the USGS will be work- balance in the way we have handled the mittee, and the last 2 years as the ing with parks and forests and other funding, and we have made it subject ranking Democratic member, about the agencies to use their scientific knowl- to appropriations. I wanted to say, on bipartisan nature of our effort. I am edge which is for the betterment of the basis of my experience of 28 years particularly pleased about this bill. America. in the House, that I have a lot of con- This is an historic measure. We are pleased to report increases for fidence in the Congress. I mean we I know there was some debate on the funding American Indian health care have our differences and sometimes we rule, but I want to thank all of the services and education. Funding for the may come to a problem in a different Members who voted for the rule from Indian Health Service is $214 million way, but on balance, I have been im- both parties. I think this is a good rule more than fiscal year 2000, for a total pressed by the dedication of Members and it gives us a chance to consider of $2.6 billion. I know we are all trou- over these years. this legislation today. bled by what happens in Indian health, And I am pleased, frankly, that in I think the reason this is historic is and we are recognizing that by sub- the disbursement of the $12 billion for because we will, with the enactment of stantially increasing this program. State and Federal land acquisition, the this legislation, in the first year double Likewise in education, we provided responsibility for appropriating this the amount of conservation spending funding for the construction of six new money rests with the Members of this that we have done in this country from October 3, 2000 CONGRESSIONAL RECORD — HOUSE H8651 $782 million up to $1.6 billion, and $400 I want to say this, that yes, we have brought about on behalf of the environ- million of that goes to coastal pro- had our differences over CARA. We ment in this country. grams under State, Justice, and Com- have had our differences from time to Mr. DICKS. Mr. Speaker, I thank the merce; $1.2 billion goes to the Interior time over this bill. But this committee gentleman. appropriations bill. did a remarkable job with this bill this I want to also commend the gen- I appreciate the fact that the con- year. What they have done in the var- tleman from Ohio (Chairman REGULA) ference was willing to accept the ious environmental accounts will give for his leadership on this committee. amendment that I offered, with the us an opportunity in a whole range of I have served with two great chair- able help of the gentleman from Wis- areas in this country, whether they are man, Sid Yates and the gentleman consin (Mr. OBEY), who had many good urban, suburban, or rural areas, to deal from Ohio (Chairman REGULA), and the suggestions, and helped advocate for with some of the problems we are con- gentleman from Ohio has done a fan- this in the conference. He was a prime fronting in trying to hold onto agricul- tastic job, and been fair to everybody. sponsor of this amendment with me. tural land, to try to solve endangered He has worked hard to do a better job I just hope we can bring the House species areas, to save the wetlands, to on maintenance on our national parks. together now, because this is such a create the urban park space and rec- He pushed through the historic fee good bill. This should be a day of cele- reational opportunities for our chil- demonstration program, which will bration. This should be a day of cele- dren, and for something that I know allow parks to raise money all over the bration, because the President is going the gentleman from Ohio (Mr. REGULA) country to make the parks better. to sign this bill. The administration, has been a very outspoken person on, I just want to commend him for his 6 George Frampton, said many very posi- and that is maintenance of the Federal years as chairman of this committee. I tive things about this legislation. effort in our national parks. We can have really enjoyed personally working Also, the outside environmental wear these parks out if we do not take with the gentleman. We all will see groups, and I want to particularly care of them with the visitors that we what happens next year, but I hope thank my friend, Roger Schlickeisen of have gotten. I appreciate the com- that the gentleman from Ohio and I Defenders of Wildlife, and the 12 envi- mittee addressing this. can still work together on these impor- ronmental groups who endorsed this I have had my tussles with this com- tant issues. legislation, and recommended that the mittee, but I have always tried to say I want to say how much I appreciate House vote for the rule and vote for the every year that this committee has had his willingness to adopt the amend- bill, and who recognize the historic na- far more demands on it than resources; ment that the gentleman from Wis- ture of this bill. that they have been able to meet the consin (Mr. OBEY) and I presented. I I think we can do many, many posi- demands of the Members. I think what felt it was crucial to getting the bill tive things from this legislation for has been done here with $12 billion over enacted. I thought it moved in the di- land acquisition, both for the Federal the next 6 years, the manner in which rection of some of the ideas of CARA. I and State. We can do work on endan- it has been capped and fenced and re- think it is, frankly, a better bill than gered species. I see that the gentleman served for resource programs is a mag- CARA, in my own judgment. from California is here, who has been nificent start on that effort. But the gentleman from Ohio (Mr. one of the great advocates for urban We know the backlog. We know the REGULA) was a gentleman and advo- parks, which is included. troubles our communities face. But I cated for the House, and has been a I just want to say to the gentleman think we would be remiss if we did not great person to work with. I just want from California, I know that for 4 years understand that this may be the single to say to him, I thank him for a job he and his group worked for CARA. greatest increase for the protection of well done. The American people will What we tried to do is do the best we the environment in this country, cer- never fully appreciate what the gen- can on the Committee on Appropria- tainly of the natural resources in this tleman has done to improve our parks, tions, following as much of it as we country, in the last 25 years. Members our recreation areas, and to make this could. I hope we can work together in of Congress ought to be very proud of a better country, but we in the House the future to expand upon this legisla- that. understand that. We want to com- tion and to make it even better. Does that mean that others and my- pliment the gentleman for his great Mr. GEORGE MILLER of California. self will not continue to fight for leadership. Mr. Speaker, will the gentleman yield? CARA? Of course we will. We will con- Mr. Speaker, I reserve the balance of Mr. DICKS. I yield to the gentleman tinue that effort, but we should not my time. from California. lose sight of what is happening here Mr. REGULA. Mr. Speaker, I yield 2 Mr. GEORGE MILLER of California. today with the passage of this legisla- minutes to the gentleman from Florida Mr. Speaker, I thank the gentleman for tion and what it means. (Mr. YOUNG), the chairman of the Com- yielding, and I thank him for his re- Finally, I just want to say to a great mittee on Appropriations, and a gen- marks on behalf of CARA, which I am guy, the gentleman from Ohio (Mr. tleman who has given this committee very proud of. I think we did put to- REGULA), as much as we have battled, I great leadership this year. gether an incredible coalition. must say, I have never had more re- The House has moved its bills expedi- I also thank him for mentioning the spect for an individual, because day in tiously, and a lot of this is thanks to UPARR program on urban parks and and day out he has tried to do the right the chairman of the Committee and the recreation. As the gentleman has said, thing with the limited resources that way in which he has handled the re- for the last 4 years I have tried to res- he has had available to him. sponsibilities of leadership. urrect the funding for the urban parks He has been a tough guy. He has been Mr. YOUNG of Florida. Mr. Speaker, initiative, and in this legislation, kind of a tough guy on the street. He I thank the gentleman for yielding me clearly the committee has done that. understands, I think, the Federal role. the time. The appropriation of $30 million will We have argued about that from time I take the time to support the bill allow us to rehabilitate some of those to time. and to urge a very strong vote for the recreational spaces, including sports I just want to say, Mr. Chairman, it bill. But I wanted primarily to applaud facilities at public schools or regional has been a pleasure working with you. the chairman, the gentleman from centers available for all young people I am sorry that the gentleman’s side Ohio (Mr. REGULA), for having led this in this country that have fallen into chose term limits, because I think the subcommittee through some very dif- disrepair for a whole host of reasons. gentleman’s continued role on this ficult times, and also the ranking We ought not to abandon them. We committee would have been good for member, the gentleman from Wash- ought to reclaim them. We ought to the country. ington (Mr. DICKS), and my counterpart give those children the recreational op- I want to thank the gentleman from on the minority side, the gentleman portunities so many of us have had. Washington (Mr. DICKS) and the gen- from Wisconsin (Mr. OBEY). I want to thank the committee for tleman from Wisconsin (Mr. OBEY) for When we listen to the debate and un- that effort to put that money into the all their effort on behalf of this par- derstand that this is a very good bipar- urban parks legislation. ticular bill, and the final result tisan bill, it just proves what can be H8652 CONGRESSIONAL RECORD — HOUSE October 3, 2000 accomplished when we work together the goods without putting Congress in tions in my part of the country, south and try to resolve the differences. a procedural straightjacket. Florida. One is natural, and the other I would say that when we listen to One of the new things we do is to cre- is man-made. the debate, some might think this bill ate a new State wildlife protection pro- As the country knows, America’s Ev- breezed through the conference com- gram. I know some of the State DNRs erglades is an important part of our mittee with no trouble at all. But Mr. are unhappy that we did not just turn natural environmental heritage. Peo- Speaker, this bill had all kinds of prob- that into a simple revenue-sharing pro- ple often speak about it in the same lems in conference. The debates were gram. Frankly, I did not come here to breath as the Grand Canyon, Old Faith- vigorous, the arguments were pretty be a tax collector for my DNR. I came ful, Yosemite, or Redwood Forest. powerful at times, but cooler heads here to try to protect the resources, I have introduced legislation which prevailed. The issues were resolved in a and preserve our ability to oversee the passed the other Chamber last week by most positive way. protection of those resources at the a vote of 85 to 1, and that is to enact a So I really want to applaud espe- same time. comprehensive plan to restore the Ev- cially the chairman, who led this ef- In addition to what we do on the out- erglades. But pending that authoriza- fort. I certainly would be one who door resource front, which is a magnifi- tion bill, the appropriations for Inte- would be regretting strongly if in fact cent achievement, we expand the rior dedicates $75.9 million towards on- he had to step down as chairman be- weatherization program to deal with going Everglades restoration, including cause of the term limits requirements, the needs of low-income people, now $17 million for land acquisition, which but that will be whatever it will be. that we are having rising energy is a vital step forward for the coming The managers have done a really prices. We increase research into en- year. good job. They have brought to us ergy efficiency. We strengthen the I thank the gentleman from Ohio today a bill that we can all support and clear water action plan. We have the (Chairman REGULA) and the Sub- that we can all go home and brag first funding increase for the National committee on Interior staffers, espe- cially Debbie Weatherly, for making about, if Members feel like bragging, Endowment for the Arts since 1996. because this is a good bill. It does a There are some things that I am con- sure that the National Park Service has enough money, $9.23 million, to good job for the people, and it is one cerned about. I would warn the Park continue the science research, con- the Congress can be very proud of. Service that I do think that they need struction, and land accession necessary Mr. DICKS. Mr. Speaker, I yield 5 to recognize that there still needs to be for the environmental restoration of minutes to the gentleman from Wis- a compromise with respect to the ques- the Everglades National Park. I also consin (Mr. OBEY). tion of snowmobile use in our national want to thank the gentleman from Mr. OBEY. Mr. Speaker, I thank the parks. There needs to be a compromise Washington (Mr. DICKS), ranking mem- gentleman for yielding time to me. on that. This committee did not have ber. Mr. Speaker, as the Members of this the jurisdiction to deal with that issue, House know, it is my view that many In the NPS construction account, the but the Park Service needs to be flexi- conference report allocates $242 mil- of the appropriation bills which passed ble on that. this House were pretty pitiful. This is lion, including $9 million for water de- I also want to thank the White livery modifications in south Florida not one of them. This is one of those House, because they were teriffic in for a total of $75 million, a part of times when the House has been able to seeing to it that the egregious anti-en- which is allocated to the Everglades come together and to produce a bill vironmental riders attached to this bill restoration projects. which will really mark a significant were stripped out or worked into a Turning now to one of the man-made turning point in Congress’ dealing with fashion where we could grudgingly ac- cultural legacies in south Florida, the our trust over public lands and our cept a couple of them. But they did 465-seat art deco Colony Theater is a wildlife resources. wonderful work on behalf of the public former movie house that anchors the It could not have happened if we had that they represent. This is a great vic- western end of Lincoln Road Pedes- not had some very tough fights. We are tory for them and for all of us who be- trian Mall in Miami Beach and is listed supposed to come here and fight for lieve in the preservation of our outdoor on the National Register of Historic what we believe in, and fight for what resources. Places. will enhance the country’s future. I want say that this is one of those Originally built in 1934, the theater’s Sometimes that means having some times when this institution has pro- art deco architecture is a local land- very tense moments. But out of that duced something which will move the mark and has been a vital part of the has come a product which has been country forward, and as I said earlier, economic and social fabric of Miami unanimously supported by the com- it may not be seen as all the money Beach since the years following the mittee. that some people wanted, but any time stock market crash of 1929, when the That is what we are supposed to do, that we can say that over a 6-year pe- winter season tourist economy devel- we are supposed to fight like the devil riod we have tripled the amount of oped and the modestly sized art deco for what we believe in, and then resolve funding for a worthy national goal hotels and theaters were built. The our differences in a constructive way, from $4 billion to $12 billion, we have theater has also served as a primary which moves the country forward. That done a good day’s work. entertainment location for many of the is exactly what has happened on this b 1345 500,000 United States troops who bill. trained in Miami Beach between 1942 As has been said, the chairman of the We have a right to be proud of the and 1945. subcommittee is the best advertise- work that we have done. I congratulate I might also add that this was a fa- ment I know for the idiocy of term lim- everyone, staff and Members, who had vorite movie theater for my wife and I its. He has done a fine job, and it anything to do with it. I only wish that when we were dating when we were makes no sense to have to say that, if some of the other appropriation bills back in high school. his party stays in the majority, he that are being produced could rep- The Colony Theater Restoration would not return as chair. He has done resent the same quality that this does. Project, which has already raised $1.8 a fine job. This is one of the truly finest chapters million in State, local, and private Certainly the gentleman from Wash- of this session of Congress. funds, will certainly benefit from the ington (Mr. DICKS) has performed yeo- Mr. REGULA. Mr. Speaker, I yield 3 Federal matching of $837,000 contained man’s service in moving forward this minutes to the distinguished gen- in this conference report. entire question that we have wrestled tleman from Florida (Mr. SHAW). Again, I thank the gentleman from with for 2 years about how to expand Mr. SHAW. Mr. Speaker, I thank the Ohio (Chairman REGULA) and the gen- public support and congressional sup- gentleman from Ohio (Chairman REG- tleman from Washington (Mr. DICKS) port for preserving our outdoor re- ULA) for yielding me this time. and the entire subcommittee and the sources without creating a new entitle- Mr. Speaker, the Subcommittee on full committee for working so hard on ment that raises one group of people Interior has really done fine work in behalf of the people I represent in above everybody else. This will deliver supporting two very important innova- south Florida. October 3, 2000 CONGRESSIONAL RECORD — HOUSE H8653

Mr. DICKS. Mr. Speaker, I yield 11⁄2 Mr. HILL of Montana. Mr. Speaker, I It is very important the funds for minutes to the distinguished gen- thank the gentleman from Ohio (Chair- threatened and endangered species tleman from West Virginia (Mr. RA- man REGULA) for yielding me this management at the State level. In my HALL), in order to enter into a col- time. State, we are struggling with the im- loquy. Mr. Speaker, I rise in support of this pacts, budgetary and economic, of griz- Mr. RAHALL. Mr. Speaker, I thank bill, and I want to thank the gen- zly bear recovery and gray wolf recov- the distinguished gentleman from tleman from Ohio (Chairman REGULA), ery, and more recently east slope cut- Washington for yielding me this time. and I also want to thank the gen- throat trout recovery. These dollars to Mr. Speaker, I rise to make note of tleman from Washington (Mr. DICKS), help these States manage these endan- the fact that the pending legislation ranking member, for their sensitivity gered and threatened species is very once again carries a rider relating to to issues that are very important to important. the BLM’s proposal to strengthen the my State of Montana in this con- I want to thank particularly the gen- regulations governing hardrock mining ference report. tleman from Washington (Mr. DICKS) on lands under its jurisdiction. This is As everybody I think in the Congress for coming to a compromise with us on the fifth appropriations bill rider on knows, in the month of August and the Interior Columbia Basin manage- this matter. early September, we had over a million ment plan issue, which my colleagues However, unlike some of the past rid- acres in Montana destroyed by wildfire. will recall was a very controversial ers, this one does not appear to hinder This, as my colleagues know, Mr. issue on the floor when we debated this the ability of the BLM to finalize its Speaker, was a man-made disaster. The proposed rule. In fact, I have before me bill. It is a matter of great importance administration’s neglect in preparation letters from both the National Mining to those of us in the West. The fact for this fire season and its neglect in Association and the Mineral Policy that we are able to take measures that Center, groups which are normally op- managing the risk of wildfire on our will ensure that any future decision on posed to each other, both supporting public lands greatly increased the haz- Interior Columbia Basin will work for the pending legislation. In this regard, ard these fires created. the recovery of the forests and to ben- I would ask the gentleman from Wash- In this bill, Congress finally ad- efit our economy, and that is very im- dressed this issue, recognizing the ington (Mr. DICKS), the distinguished portant. ranking member of the Subcommittee growing threat of wildfire and pro- There are many other important pro- on Interior, to engage in this colloquy. viding very necessary funds for us to visions. I just want to urge my col- It is my understanding that the manage these risks in the future. leagues to support the bill. hardrock mining provision of the con- I particularly want to compliment Mr. DICKS. Mr. Speaker, I yield 4 ference report does not impede the the gentleman for the funds for the fire minutes to the distinguished gen- BLM’s ability to prevent undue deg- fighting effort that took place as well tleman from New York (Mr. HINCHEY), radation of public lands with a new and as additional funds to recover those who is also a valued member of our stronger rule so long as that rule is not areas that were badly impacted by subcommittee. inconsistent with the recommenda- these fires. Mr. HINCHEY. Mr. Speaker, this has tions contained within a National Re- I also want to compliment the gen- been unquestionably a very conten- search Council’s report on the ade- tleman from Ohio (Chairman REGULA) tious and hard fought process; but the quacy of existing mining regulations. for funds to implement restoration for- results of it will be welcomed, I think, Is this understanding correct? estry so that we can manage the 40 by every person in the country who Mr. Speaker, I yield to the gentleman million to 80 million acres that the cares about America’s natural re- from Washington (Mr. DICKS). General Accounting Office has identi- sources. Mr. DICKS. Mr. Speaker, I would say fied as at-risk forests in the West so There are a lot of people that made to the gentleman from West Virginia, that we can restore the health of these major contributions, including the gen- that is correct. forests, we can reduce the wildfire tleman from California (Mr. GEORGE Mr. RAHALL. Mr. Speaker, does not risks, and we can eliminate the pros- MILLER) and the gentleman from Alas- one of those recommendations direct pects of ecological and economic disas- ka (Mr. YOUNG), that built the founda- the BLM to clarify the agency’s au- ters. tion upon which this bill is con- thority to protect valuable resources I want to compliment them both for structed. not protected by other laws? the increase in PILT funding. The Fed- The gentleman from Florida (Mr. Mr. DICKS. Mr. Speaker, if the gen- eral Government is a neighbor to us. It YOUNG), the chairman of our full com- tleman will yield, that is correct. owns about a third of the State of Mon- mittee, we need to thank him, particu- Mr. RAHALL. Mr. Speaker, so under tana, and they provide for or help pay larly, for his thoughtful and gentle- the provision of the conference report, for local services through what we call manly leadership. I thank the gen- it would not be inconsistent with the PILT, payment in lieu of taxes. This tleman from Ohio (Mr. REGULA), who Research Council report for the BLM bill has a 50 percent increase in PILT has been an outstanding chairman of to issue a rule that would allow the funding for rural Montana and rural the Subcommittee on Interior and has disapproval of a mine proposal if it communities. done an outstanding job in virtually would cause undue environmental deg- I have seven reservations, and Indian every aspect of his responsibilities. I radation of public lands, even if the health increases which we passed on think of the Everglades and a whole proposal complied with all other regu- this floor when we debated this bill is host of other areas where he has made lations. Mr. Speaker, I yield to the gentleman very important to the increasing popu- a very lasting and substantial con- lation on those reservations. tribution that will be a very important from Washington (Mr. DICKS). Mr. DICKS. Mr. Speaker, my under- I want to thank the gentleman for in- legacy for him and for all of Ameri- standing is the same as the gentle- cluding the provision to fund the Trav- cans. man’s, and I appreciate his bringing elers Rest acquisition, a national his- I want to also thank the gentleman this to our attention. toric site where Lewis and Clark and from Wisconsin (Mr. OBEY) and the Mr. RAHALL. Mr. Speaker, I thank the Corps of Discovery camped twice, gentleman from Washington (Mr. the gentleman from Washington (Mr. and where, for 10,000 years, Native DICKS) on our side who made an out- DICKS), and I commend him for his Americans camped in western Mon- standing contribution to the final pro- work on the pending legislation, as tana. visions of this bill. I think both of well as the gentleman from Ohio (Mr. The dollars for park maintenance. these leaders on the Democratic side of REGULA). Montana shares with Wyoming and the aisle made a major contribution to Mr. REGULA. Mr. Speaker, I yield 3 Idaho Yellow Stone Park, and it is the preservation of America’s natural minutes to the gentleman from Mon- home to Glacier Park. I have advocated resources here, and I express my appre- tana (Mr. HILL). for a long time to increase funding to ciation to them. (Mr. HILL of Montana asked and was deal with the backlogs of needs in our The bill provides a historic level of given permission to revise and extend national parks, and these parks will funding to protect our parks and nat- his remarks.) benefit from those funds. ural resources, $3.9 billion more than H8654 CONGRESSIONAL RECORD — HOUSE October 3, 2000 the current fiscal year. The National and every American citizen can be do not get done in politics unless there Park Service is funded at $1.4 billion. grateful for. is leadership. I want to thank all my That is $25 million more than the cur- Mr. DICKS. Mr. Speaker, how much colleagues, all the names that have rent year. National wildlife refuges are time is remaining? been mentioned here today, because all increased by $33 million over last year. The SPEAKER pro tempore (Mr. America benefits. It takes leadership Even the National Endowment for the LAHOOD). The gentleman from Ohio to lift the political tide, and those Arts gets a small increase, $7 million (Mr. REGULA) has 91⁄2 minutes remain- Members have lifted that political tide over the current fiscal year. Both the ing. The gentleman from Washington forever. National Endowment for the Human- (Mr. DICKS) has 111⁄2 minutes remain- Mr. DICKS. Mr. Speaker, I yield 2 ities and Office of Museums and Li- ing. minutes to the gentleman from New brary Services will receive modest in- Mr. REGULA. Mr. Speaker, I reserve York (Mr. NADLER), one of the strong- creases. Obviously we must do more in the balance of my time. est supporters of the Interior appro- these areas, and we will in the future. Mr. DICKS. Mr. Speaker, I yield 2 priation bill, and in particular the Na- The bill also provides $8 million for minutes to the distinguished gen- tional Endowment for the Arts. the Northeast Home Heating Oil Re- tleman from California (Mr. FARR), a Mr. NADLER. Mr. Speaker, I rise in serve, and people are going to be very member of the Committee on Appro- support of this bill, and I want to join grateful for that because the cost of priations and a person who cares deep- my colleagues in applauding the role heating homes, offices, and businesses ly about natural resource issues in our played by the outgoing chairman of the this winter will be less expensive as a country. subcommittee, the gentleman from result of that provision in this bill, Mr. Mr. FARR of California. Mr. Speaker, Ohio (Mr. REGULA) and also the role Speaker. I thank the gentleman from Wash- played by the gentleman from Wash- The administration and the House ington (Mr. DICKS) for yielding me this ington (Mr. DICKS) and the gentleman Senate negotiators eliminated the time. I thank the gentleman from Ohio from Wisconsin (Mr. OBEY), as well as most egregious antienvironmental rid- (Mr. REGULA) for bringing this bill to the others in producing this bill. ers, and they scaled back those that re- the floor. This bill, Mr. Speaker, is far better main in the bill. Many of us came to Washington, than the version this House passed last The Land Conservation Preservation came to this House hoping that we June and is free of the most objection- and Infrastructure Improvement Pro- could better use the national resources, able provisions of that bill. I am dis- gram provides a historic $12 billion the national treasure that we have to appointed it does not contain the Con- servation and Reinvestment Act as it over 6 years for high-priority Federal help preserve local initiatives in trying was passed by the House, but I under- and State conservation and preserva- to build more livable communities. tion programs, a wonderful contribu- stand the reasons for it. This bill does b 1400 tion. greatly increase protections for open This proposal actually improves on In thinking about it, I am sure my spaces, but I hope we will revisit the CARA by getting rid of the environ- colleagues will agree that the most CARA, which would provide even great- mentally harmful provisions that beautiful communities in the United er protections. At the same time, I strongly support would have encouraged new offshore States are usually the most economi- the modest increase provided to the drilling, would have allowed coastal cally successful. So economic develop- arts and humanities in this bill. Most funding to be used for environmentally ment goes hand-in-hand with environ- notably, at long last, the National En- damaging activities, and impose bur- mental protection or land stewardship, dowment for the Arts will receive a densome new restrictions on Federal and this is the bill for the first time in well-deserved and much-needed in- land acquisitions. All that has been history that allows this relationship to truly work. crease. taken out in this terrific piece of legis- The modest increase included in this I am here to applaud, to thank and lation. bill would not ordinarily be cause for praise my colleagues. For the first Twelve distinguished environmental celebration, but when its comes to the time since the inception of the Land conservation and historic preservation NEA, it is historic. Given the unfortu- and Water Conservation Fund in 1965, groups recognize the importance of this nate record this Congress has produced these funds are now earmarked for the bill when they said as follows: ‘‘This over the last 6 years and the par- purpose they were originally intended. important and historic conservation liamentary chicanery we witnessed That means they cannot be used for initiative represents a major contribu- earlier this year, it is a major victory other purposes. Historically, in Con- tion to the effort to protect what re- for supporters of the arts and human- gress, every time we had another prob- mains of our irreplaceable natural her- ities. With this increase, we have itage before it is lost.’’ lem, we would dip into that pot and use turned a corner in our debate on the Mr. Speaker, I want to say to my col- those funds. This committee changed arts. leagues that, in the 6 years that the that, and I thank them. Just a few years ago, we were debat- gentleman from Ohio (Mr. REGULA) has The people that will really thank ing whether the NEA should be allowed chaired this subcommittee, he has done this committee and this Congress is to continue to exist; whether it was the an outstanding job. I can only thank every county in the United States, proper role of government to subsidize him for that on behalf of my constitu- every State in the United States, every the arts. But this increase is an ac- ents and all the people of this country. community that now has a lot of pas- knowledgment that those of us who I only regret that his party put in sion about trying to work in environ- support government subsidy to the arts place these term limitations because mental stewardship because they now have won that fight. the kind of leadership that he has pro- have a new partner, and that partner The American people believe the Fed- vided has been absolutely outstanding, will be the Federal Government, in a eral Government has a role in culti- and he is going to be a great loss. I lot of different programs. Certainly vating the arts and humanities and know he is going to continue to be on every employee of the BLM, and people that we must increase our commitment the committee, I certainly hope so; and who follow the Bureau of Land Man- in this area. With this increase, the we will have the benefit of his wisdom agement; every employee of the U.S. NEA will be able to continue its mis- in that sense. I thank the gentleman Forest Service, of the United States sion to reach those parts of the coun- from Ohio. Park Service, of the U.S. Wildlife Serv- try that have not historically received I thank the gentleman from Wash- ice, and the refuges that they help pro- grants. ington (Mr. DICKS), our ranking mem- tect will benefit. The appropriators should be hailed ber on the subcommittee, for the out- I just want to conclude, Mr. Speaker, for increasing our commitment to arts standing work that he has done, for the by thanking the gentleman from Ohio education and community activity pro- hard-fought contentious battles that (Mr. REGULA). I have served in the Con- grams. They have also increased our he was engaged in to make certain that gress with him and know him very support for the humanities and many this bill is the kind of bill that every well, and he is truly one of the leaders cultural institutions. This is truly a Member of this House can be proud of that people have talked about. Things victory for the cultural community. October 3, 2000 CONGRESSIONAL RECORD — HOUSE H8655 But we cannot be satisfied with this Again, I want to commend our chair- increase in funding for the National Endow- victory. While this increase is a signifi- man and the staff. This is truly bipar- ment for the Arts (NEA) over the FY2000 cant step forward, we must do more. tisan legislation. I want to thank the budget. This much needed funding is included The arts can flourish throughout this White House, the President for his in the FY2001 Interior Appropriations bill be- country, but only if we make a signifi- commitment to conservation. I want to fore us today which I support. cant investment. With enormous budg- thank George Frampton, head of the These additional funds will enable art edu- et surpluses projected for years to Council on Environmental Qualities, cation programs to flourish and continue to re- come, we clearly have the money to Jack Lu, Wesley Warren, Sylvia Mat- duce youth violence and enhance youth devel- make this a reality. The question is thews, Martha Foley, all the people opment. If we are serious about curtailing will we have the will to follow up on from the White House who helped us youth violence, we must continue funding this fine step forward. through the negotiation process. projects that achieve positive results. One Again, Mr. Speaker, I thank the peo- And I also want to thank the outside such project, YouthArts, is a collaboration be- ple involved in this bill. environmental groups who, when they tween the NEA, the Department of Justice and Mr. REGULA. Mr. Speaker, I yield 2 evaluated our bill, came down almost national and local arts agencies. This project minutes to the gentleman from Con- unanimously on the side that it truly is located in Portland, OR, Atlanta, GA and necticut (Mr. SHAYS). was what we told the American people San Antonio, TX and has been successful in Mr. DICKS. Mr. Speaker, I yield 2 it was: Historic legislation that will do positive behavior change for the at risk youth minutes to the gentleman from Con- much to improve our outdoor environ- participants. These adolescents have dem- necticut (Mr. SHAYS). ment and protect it and protect endan- onstrated improved communication, self-dis- Mr. SHAYS. Mr. Speaker, I can say it gered species. And out there in the cipline, and intrapersonal skills, as well as a in shorter words; I am in awe of what great Northwest the money under this decreased frequency of delinquent behavior. the chairman, the gentleman from bill will be used to help restore our For example, in Portland, communications Ohio (Mr. REGULA) and the ranking salmon runs and to restore our forests skills in the YouthArts participants shot up member, the gentleman from Wash- and do watershed restoration, all of from 43% at the beginning of the program to ington (Mr. DICKS), have done in this these important things. a full 100% by the end of the twelve weeks. legislation. This is landmark legisla- It also supports the arts. Also, out in Equally impressive, in San Antonio, 16.4% of tion that Members seek for years and the West, very importantly, $2.9 billion participants had a decrease in delinquent be- years to accomplish. Its impact is mon- to deal with these wildfires. This is a havior compared with 3.4% of their peers in a umental. huge problem throughout the West. I control group. It's obvious that the NEA and To think that in the next 6 years think there is much work that we need this program have the potential to inspire mil- there will be $12 billion for land acqui- to do as a Congress, working with the lions of America's youth across America to ex- sition, $2.4 of that for coastal manage- Forest Service and the BLM and the plore positive alternatives in their lives. ment, is extraordinary. There will be other land agencies, in order to make In my district, NEA has successfully co- unbelievable benefit for years because sure that we have taken care of those funded the Ailey Camp in Kansas City. Alvin of this legislation. forests so that they are not susceptible Ailey is a national dance troupe which con- I want to specifically thank both the to catastrophic fire. All of that is done ducts a six week dance camp now in its elev- chairman, and the ranking member, for in this bill. enth year which has provided opportunities for honoring and recognizing my prede- So again, Mr. Speaker, I appreciate more than 1,000 urban, disadvantaged middle cessor Stewart McKinney for what he the leadership of the gentleman from schoolers in Kansas City. This camp provides attempted to do before he passed Ohio. I have enjoyed working with him a vehicle, through art, for children to acquire away—establish the McKinney Wildlife on this bill. I urge all Members of the self esteem and enjoy the experience of suc- Refuge, off the coast of Connecticut. House to support this conference re- cess. In addition to dance, the camp also has Ninety-seven percent of the Con- port. creative writing, personal development, necticut shoreline has been developed, Mr. Speaker, I yield back the balance antiviolence and drug abuse programs. Statis- and 10 percent of the population of the of my time. tics confirm the success of this program United States lives in the immediate Mr. REGULA. Mr. Speaker, I thank through improved behavior and learning by vicinity of Long Island Sound. We need the gentleman for his comments. these at risk children. to protect our islands and coastal wet- I think, as the gentleman from Wis- Art and music education programs extend lands. consin (Mr. OBEY) said earlier, this back to the ancient Greeks who applied music I thank my colleagues for setting conference was a great example of a lot when teaching math, for example. Current aside $1.5 million in appropriations for of give and take, some of it a little studies reaffirm that when music such as jazz the acquisition of Calves Island for the testy at times, but in the final analysis is introduced by teachers into the classrooms, McKinney Refuge. This is a continual I think we have a product that is good learning comes alive and improves math and process $2.5 million has already been for the future of these United States. verbal scores. A 1999 national report by the appropriated, of the $6 million final I would like to close and just quote College Entrance Examination Board found purchase price, leaving only a $2 mil- one section from the conference report. that high school students with coursework in lion balance for the 26 acre island off Section 141: The building housing the music performance and appreciation scored the coast of Greenwich. visitors center within the boundaries of higher on SAT; 55 points higher on the verbal I know my colleague, the gentle- the Chincoteague National Wildlife section and 40 points higher on the math sec- woman from Connecticut (Ms. Refuge on Assateague Island, Virginia, tion. DELAURO) also appreciates what the shall be known and designated as the The NEA also funds several programs at committee has done for Calves Island Herbert H. Bateman Educational and the American Jazz Museum in Kansas City, and in the past for the Stratford Salt Administrative Center, and shall here- the only museum of its kind in the country. Marsh. We have worked on a bipartisan after be referred to in any law, map, Throughout the 1930's, Kansas City was basis for that. regulation, document, paper, or other known for its celebrated jazz music, and So I am here to acknowledge the record of the United States, as the Her- hosted music luminaries such as Count Basie good work the committee has done and bert H. Bateman Educational and Ad- and Charlie ``Bird'' Parker. NEA funding en- to say that I am in awe of what the ministrative Center. ables the museum to preserve and present committee has accomplished. I thank I think our beloved colleague would jazz so that people from all over the city, the them. be proud to have a building that is an country, and the world may appreciate one of Mr. DICKS. Mr. Speaker, I yield my- educational and administrative center the first original American art forms. self such time as I may consume, and I bear his name, and I am pleased that Mr. Speaker, I urge my colleagues to join would just conclude by saying that I we could do that in our bill. me in full support for increased funding for the think this is a great bill. I want to Mr. Speaker, I urge all our colleagues National Endowment for the Arts. This support thank everyone who voted for the rule. to vote for this landmark gift to the sends a message that art and music in the I think we should pass this bill with an American people. classroom and in the public sphere are valued overwhelming vote. I would love to see Ms. MCCARTHY of Missouri. Mr. Speaker, I and vital to a more creative and enriched fu- it unanimous, though I doubt it will be. rise today in strong support for the $7 million ture for all Americans. H8656 CONGRESSIONAL RECORD — HOUSE October 3, 2000 Mr. UNDERWOOD. Mr. Speaker, I rise in have been forced to deal with the Asian and heating their homes. I want to thank the support of H.R. 4578, a bill making appropria- Longhorned Beetle, which has already de- members of the Committee for working to en- tions to the Department of Interior and Related stroyed more than 2,600 trees. Earlier this sure that we have one more tool to combat Agencies for FY 2001. I would also like to take year, these beetles were found again in New the rising price of oil and protect our constitu- this opportunity to thank Chairman BILL YOUNG York City. This legislation will provide addi- ents from winter supply shortages. and Ranking Member Mr. DAVID OBEY of the tional resources to fight the beetle and specifi- Mr. BEREUTER. Mr. Speaker, this Member Committee on Appropriations, and Chairman cally includes $12 million in additional funds rises today to express his strong support for RALPH REGULA and Ranking Member Mr. NOR- for forest health treatments to help control and H.R. 4578, the conference report on the Inte- MAN DICKS of the Subcommittee on Interior eradicate invasive species. rior appropriations bills. This Member would Appropriations for their work on this important I commend the conferees for including these like to especially thank the distinguished gen- bill and for their support on issues affecting additional resources, and I urge all of my col- tleman from Ohio (Mr. REGULA), the Chairman the territories. leagues to support this legislation. of the Interior appropriations Subcommittee I thank the members of the appropriations Mr. LARSON. Mr. Speaker, I rise today to and the distinguished gentleman from Wash- committee and the subcommittee for their commend my colleagues on the Interior Ap- ington (Mr. DICKS), the Ranking Member of the work to ensure that Guam received $10 million propriations Committee for including $8 million Subcommittee for their hard work on this im- for Compact Impact Aid in this year's interior in this Conference Report on HR 4578, the portant bill. appropriations bill given Guam's continuing Department of the Interior Appropriations Act This Member greatly appreciates the inclu- economic recovery from the Asian financial for FY2001, specifically for the maintenance of sion of funding for the Homestead National crisis and our unprecedented 15.3 percent un- a Home Heating Oil Reserve in the Northeast. Monument of America near Beatrice, Ne- employment rate. Increasing Compact Aid for I have fought to see this reserve created for braska, to begin implementing the rec- Guam has been a priority as the responsibility most of the last year. I was an original co- ommendations of the recently completed Gen- of supporting an unfunded federal mandate sponsor of HR 3608, the Home Heating Oil eral Management Plan. This bill provides has placed a heavy financial burden on the Price Stability Act, which directs the Secretary $400,000 for land acquisition for a new visitors people of Guam. of Energy to create a fuel oil reserve con- center. Also included in this legislation is the Lands taining a total of 6.7 million barrels of heating Homestead National Monument of America Legacy Trust Fund which will provide $12 bil- oil. Under this legislation two million barrels of commemorates the lives and accomplishments lion over the next six years to pay for land heating oil would be stored in leased storage of all pioneers and the changes to the land conservation, preservation and maintenance. facilities in the New York Harbor Area, and 4.7 and the people as a result of the Homestead This is an important program that will assist million would be stored in one of the four ex- Act of 1862, which is recognized as one of the the territories conserve and preserve scarce isting Strategic Petroleum Reserve caverns in most important laws in U.S. history. This lands and natural resources for future genera- the Gulf Coast. The bill would give the Presi- Monument was authorized by legislation en- tions. While I am appreciative of the work the dent the authority to immediately release acted in 1936. At the initiative of this Member, members have put into this legislation, I en- home heating oil to the Northeast when fuel oil the FY96 Interior Appropriations legislation di- courage them to continue to be mindful of the prices in the United States rise sharply, during rected the National Park Service to complete needs of the territories when funding for this a fuel oil shortage, or during periods of ex- a General Management Plan to begin planning important program is allocated. treme winter weather. I was pleased that the for the General Management Plan, which was Mrs. MALONEY of New York. Mr. Speaker, provisions of HR 3608 were ultimately in- completed earlier this year, made rec- I rise today in support of this legislation, and cluded in HR 2884, the Strategic Petroleum ommendations for improvements that are particularly in support of the additional funding Reserve Reauthorization bill, which passed needed to help ensure that Homestead is able to combat invasive species and to provide arts the House on April 12, 2000. However, this bill to reach its full potential as a place where education in rural and underserved commu- has seen no further action in Congress' other Americans can more effectively appreciate the nities. legislative body. Homestead Act and its effects upon the na- Although I am disappointed that this legisla- During the initial debate on this bill, we put tion. tion does not include all of the provisions in- forth an amendment on June 15, 2000, that The General Management Plan calls for the cluded in the Conservation and Reinvestment would have provided $10 million to actually creation of a new ``Homestead Heritage Cen- Act, a bill that certainly has strong bipartisan create the Home Heating Oil Reserve. That ter,'' a 28,000-square-foot energy-efficient fa- support in both chambers, I am pleased that amendments was defeated by a vote of 193± cility which will house the Monument's collec- this bill funds a number of important national 195. However, we were later successful in tions, interpretive exhibits, public research fa- environmental priorities. I am also excited that passing an amendment on June 27, 2000, au- cilities, and administrative offices. The focal we have finally given additional funding to the thorizing a new regional home heating oil re- point of the Center will be the Palmer-Epard Challenge America Arts programs, the Na- serve in the Northeast during consideration of Cabin, which will provide visitors with a real- tional Endowment for the Humanities and the HR 4733, the Department of Energy Appro- istic setting in which to learn about the life of Office of Museum Services. priation Act for Fiscal Year 2001. Unfortu- homesteaders. The NEA has been working hard to support nately, the Conferees on the FY01 Depart- It is important to note that the current visitor quality arts projects across the country. I ment of Energy Appropriation bill saw fit to center complex is located within a 100-year strongly believe that these programs help all eliminate that authorization from the final Con- floodplain, which exposes the Monument's fa- of America's communities develop critically im- ference Report, the main reason I opposed cilities as well as valuable artifacts and sup- portant cultural resources. final of that bill. porting materials to the threat of flood dam- Through NEA grants to local communities, However, despite this Congress' inability to age. The new ``Homestead Heritage Center'' support is provided for more than 7,400 K±12 reauthorize the Strategic Petroleum Reserve would be located outside of the 100-year arts educational programs in more than 2,600 and authorize the creation of a Home Heating floodplain and offer protection for the Monu- communities all across this great Nation. Oil Reserve, the President has decided to ment's historic and prehistoric collections, ar- The additional investment in the Challenge move forward and create the Home Heating chives and museum galleries. America Arts Fund will target additional re- Oil Reserve in the Northeast under his execu- Homestead National Monument of America sources to rural and underserved communities tive authority. It is my understanding that the is truly a unique historical and interpretative around the country. I am pleased that we have Department of Energy has already contracted treasure among the National Park Service jew- taken this positive step to ensure that every to store one million barrels of home heating oil els. The authorizing legislation makes it clear community in America has the opportunity to as part of this reserve in my home state of that Homestead was intended to have a spe- enjoy local arts programming and activities. Connecticut. I am pleased that the members cial place among Park Service units. Accord- Research has consistently shown that chil- of the Interior Appropriations Subcommittee ing to the original legislation: dren who are exposed to the arts do better in have included funding to ensure that the Re- ``It shall be the duty of the Secretary of the school and have higher self-esteem. This serve will be ready before the long New Eng- Interior to lay out said land in a suitable and extra funding will help bring these benefits land winter has settled in. enduring manner so that the same may be with children in rural and urban communities This is a simple bread and butter, kitchen maintained as an appropriate monument to re- that need it most. table issue that the people of this country tain for posterity a proper memorial emblem- I would also like to commend the additional should expect their government to address. atic of the hardships and the pioneer life funding included in this legislation to help There is no reason that people should have to through which the early settlers passed in set- eradicate invasive species. In New York, we choose between putting food on their table tlement, cultivation, and civilization of the great October 3, 2000 CONGRESSIONAL RECORD — HOUSE H8657 West. It shall be his duty to erect suitable motion to suspend the rules on which Reynolds Skeen Turner Rivers Skelton Udall (CO) buildings to be used as a museum in which the yeas and nays were postponed ear- Rodriguez Slaughter Udall (NM) shall be preserved literature applying to such lier today. Roemer Smith (NJ) Upton settlement and agricultural implements used in The vote was taken by electronic de- Rogan Smith (TX) Velazquez bringing the western plains to its present state Rogers Smith (WA) Visclosky vice, and there were—yeas 348, nays 69, Ros-Lehtinen Snyder Walden of high civilization, and to use the said tract of not voting 16, as follows: Rothman Spence Walsh land for such other objects and purposes as in Roukema Spratt Wamp [Roll No. 507] his judgment may perpetuate the history of Roybal-Allard Stabenow Waters YEAS—348 Rush Stark Watkins this country mainly developed by the home- Sabo Stenholm Watt (NC) stead law.'' Abercrombie Doyle Larson Sanchez Strickland Watts (OK) Clearly, this authorizing legislation sets Ackerman Dreier Latham Sanders Stump Waxman some lofty goals. I believe that the establish- Aderholt Edwards LaTourette Sandlin Sununu Weiner Allen Ehlers Leach Sawyer Sweeney Weldon (FL) ment of the ``Homestead Heritage Center'' Andrews Ehrlich Lee Saxton Tanner Weldon (PA) would begin the process of realizing these Armey Engel Levin Schakowsky Tauscher Weller goals. Bachus English Lewis (CA) Scott Taylor (MS) Weygand Baird Etheridge Lewis (GA) In closing, Mr. Speaker, this Member urges Serrano Taylor (NC) Whitfield Baker Evans Lewis (KY) Shaw Terry Wicker his colleagues to support passage of the con- Baldacci Everett Linder Shays Thomas Wilson ference report on H.R. 4578. Baldwin Ewing Lipinski Sherman Thompson (CA) Wise Mr. JONES of North Carolina. Mr. Speaker, Ballenger Farr LoBiondo Sherwood Thompson (MS) Wolf Barcia Fattah Lofgren I rise today to protest the funding levels for the Shimkus Thune Woolsey Barrett (NE) Filner Lowey Shows Thurman Wu National Endowment for the Arts. Barrett (WI) Fletcher Lucas (KY) Shuster Tierney Wynn Last week my colleague from Indiana stood Bartlett Foley Lucas (OK) Simpson Towns Young (FL) in this well to discuss the play called ``Corpus Bass Forbes Luther Sisisky Traficant Becerra Ford Maloney (CT) Christi'' a play that depicts all the Apostles as Bentsen Fossella Maloney (NY) NAYS—69 Bereuter the homosexual lovers of Christ. Fowler Manzullo Archer Green (WI) Ramstad Berkley While the Government did not directly fund Frank (MA) Markey Barr Gutknecht Rohrabacher Berman the play, the American taxpayer funded the Frelinghuysen Mascara Barton Hall (TX) Royce Biggert Frost Matsui Berry Hansen Ryan (WI) theater through the National Endowment for Bilbray Gallegly McCarthy (MO) Blunt Hayworth Ryun (KS) Bilirakis the Arts. Last year, this theater received two Ganske McCarthy (NY) Brady (TX) Hoekstra Salmon Bishop grants, $50,000 apiece. Gejdenson McCrery Bryant Hostettler Sanford Blagojevich Many of us in this Chamber believe that Gekas McDermott Burr Hulshof Scarborough Bliley Gephardt McGovern Burton Hutchinson Schaffer Jesus Christ is our Lord and Savior. It is im- Blumenauer Gilchrest McHugh Cannon Istook Sensenbrenner Boehlert moral and reprehensible to us that we must Gillmor McInnis Chabot Jefferson Sessions Boehner fund a theater that would stage this depraved Gilman McIntyre Chambliss John Shadegg Bonilla Gonzalez McKeon Chenoweth-Hage Johnson, Sam Smith (MI) production that some government bureaucrat Bonior Goodlatte McKinney Coburn Jones (NC) Stearns considered art. Bono Goodling McNulty Combest Largent Stupak Borski In the name of art, many on the other side Gordon Meehan Cox Metcalf Talent Boswell of the aisle will suggest this issue be about Goss Meek (FL) Crane Miller, Gary Tancredo Boucher Granger Meeks (NY) DeMint Myrick Tauzin freedom of speech. But, once again the Na- Boyd Green (TX) Menendez Duncan Peterson (MN) Thornberry Brady (PA) tional Endowment for the Arts has shown it Greenwood Mica Emerson Petri Tiahrt Brown (FL) has little responsibility or accountability to the Gutierrez Millender- Gibbons Pickering Toomey Brown (OH) Hall (OH) McDonald Goode Pitts Vitter taxpayers. Buyer Hastings (WA) Miller (FL) Graham Pombo Young (AK) Does freedom of speech not come with a Callahan Hayes Miller, George modicum of responsibility? Not if you're the Calvert Herger Minge NOT VOTING—16 Camp Hill (IN) Mink National Endowment for the Arts. The NEA Baca King (NY) Riley Campbell Hill (MT) Moakley Dunn Lazio Souder has developed a pattern, continuing to this Canady Hilleary Mollohan Eshoo Martinez Vento day, of throwing dollars to organizations so Capps Hilliard Moore Franks (NJ) McCollum Wexler Capuano Hinchey Moran (KS) that they may promote religious bigotry and Hastings (FL) McIntosh Cardin Hinojosa Moran (VA) pornography. Hefley Paul Now, I'm not against the arts. I believe there Carson Hobson Morella Castle Hoeffel Murtha b is an important role for arts in society. But let's Clay Holden Nadler 1431 have a standard for what should be publicly Clayton Holt Napolitano Messrs. METCALF, HUTCHINSON, funded. Clement Hooley Neal Clyburn Horn Nethercutt SCARBOROUGH, PETRI, BURTON of This chamber agreed to a freeze, to cap the Coble Houghton Ney Indiana, TANCREDO and PICKERING funds for the National endowment for the Arts. Collins Hoyer Northup changed their vote from ‘‘yea’’ to But again, I see we're increasing funding for Condit Hunter Norwood ‘‘nay.’’ this program with little or no accountability to Conyers Hyde Nussle Cook Inslee Oberstar Ms. SCHAKOWSKY and Mr. the taxpayer to the tune of $105 million next Cooksey Isakson Obey FOSSELLA changed their vote from year. I'm a music lover but this tune sounds Costello Jackson (IL) Olver ‘‘nay’’ to ‘‘yea.’’ flat to me. Coyne Jackson-Lee Ortiz So the conference report was agreed I am offended that this program allows ob- Cramer (TX) Ose Crowley Jenkins Owens to. scene, pornographic, immoral and blas- Cubin Johnson (CT) Oxley The result of the vote was announced phemous theaters to be funded with our tax Cummings Johnson, E.B. Packard as above recorded. dollars. Let the theater or the production com- Cunningham Jones (OH) Pallone Danner Kanjorski Pascrell A motion to reconsider was laid on pany find the funding for that. From some- Davis (FL) Kaptur Pastor the table. place other than the American taxpayer. Davis (IL) Kasich Payne f Mr. REGULA. Mr. Speaker, I yield Davis (VA) Kelly Pease Deal Kennedy Pelosi back the balance of my time. SENSE OF HOUSE REGARDING The SPEAKER pro tempore (Mr. DeFazio Kildee Peterson (PA) DeGette Kilpatrick Phelps FIGHT AGAINST BREAST CANCER LAHOOD). Without objection, the pre- Delahunt Kind (WI) Pickett vious question is ordered on the con- DeLauro Kingston Pomeroy The SPEAKER pro tempore (Mr. ference report. DeLay Kleczka Porter LAHOOD). The pending business is the Deutsch Klink Portman question of suspending the rules and There was no objection. Diaz-Balart Knollenberg Price (NC) The SPEAKER pro tempore. The Dickey Kolbe Pryce (OH) agreeing to the resolution, H. Res. 278. question is on the conference report. Dicks Kucinich Quinn The Clerk read the title of the resolu- Pursuant to clause 10 of rule XX, the Dingell Kuykendall Radanovich tion. yeas and nays are ordered. Dixon LaFalce Rahall The SPEAKER pro tempore. The Doggett LaHood Rangel The Chair will reduce to 5 minutes Dooley Lampson Regula question is on the motion offered by the time for any electronic vote on the Doolittle Lantos Reyes the gentleman from Oklahoma (Mr. H8658 CONGRESSIONAL RECORD — HOUSE October 3, 2000 COBURN) that the House suspend the Miller (FL) Reynolds Strickland ered as read for amendment. The previous rules and agree to the resolution, H. Miller, Gary Rivers Stump question shall be considered as ordered on Miller, George Rodriguez Stupak the joint resolution to final passage without Res. 278, on which the yeas and nays Minge Roemer Sununu intervening motion except: (1) one hour of are ordered. Mink Rogan Sweeney debate equally divided and controlled by the This will be a 5 minute vote. Moakley Rogers Talent Mollohan Rohrabacher Tancredo chairman and ranking minority member of The vote was taken by electronic de- Moore Ros-Lehtinen Tanner the Committee on Appropriations; and (2) vice, and there were—yeas 420, nays 0, Moran (KS) Rothman Tauscher one motion to recommit. not voting 14, as follows: Moran (VA) Roukema Tauzin Morella Roybal-Allard Taylor (MS) The SPEAKER pro tempore. The gen- [Roll No. 508] Murtha Royce Taylor (NC) tleman from Georgia (Mr. LINDER) is YEAS—420 Myrick Rush Terry recognized for 1 hour. Nadler Ryan (WI) Thomas Mr. LINDER. Mr. Speaker, for the Abercrombie Danner Hooley Napolitano Ryun (KS) Thompson (CA) Ackerman Davis (FL) Horn Neal Sabo Thompson (MS) purpose of debate only, I yield the cus- Aderholt Davis (IL) Hostettler Nethercutt Salmon Thornberry tomary 30 minutes to the gentleman Allen Davis (VA) Houghton Ney Sanchez Thune from Massachusetts (Mr. MOAKLEY), Andrews Deal Hoyer Northup Sanders Thurman Archer DeFazio Hulshof Norwood Sandlin Tiahrt pending which I yield myself such time Armey DeGette Hunter Nussle Sanford Tierney as I may consume. During consider- Baca Delahunt Hutchinson Oberstar Sawyer Toomey ation of this resolution, all time yield- Bachus DeLauro Hyde Obey Saxton Towns ed is for the purpose of debate only. Baird DeLay Inslee Olver Scarborough Traficant Baker DeMint Isakson Ortiz Schaffer Turner Mr. Speaker, House Resolution 604 is Baldacci Deutsch Istook Ose Schakowsky Udall (CO) a closed rule providing for consider- Baldwin Diaz-Balart Jackson (IL) Owens Scott Udall (NM) ation of H.J. Res. 110, a resolution Ballenger Dickey Jackson-Lee Oxley Sensenbrenner Upton Barcia Dicks (TX) Packard Serrano Velazquez making further continuing appropria- Barr Dingell Jefferson Pallone Sessions Visclosky tions for fiscal year 2001. Barrett (NE) Dixon Jenkins Pascrell Shadegg Vitter H. Res. 604 provides for one hour of Barrett (WI) Doggett John Pastor Shaw Walden debate, equally divided and controlled Bartlett Dooley Johnson (CT) Payne Shays Walsh Barton Doolittle Johnson, E. B. Pease Sherman Wamp by the chairman and ranking minority Bass Doyle Johnson, Sam Pelosi Sherwood Waters member of the Committee on Appro- Becerra Dreier Jones (NC) Peterson (MN) Shimkus Watkins priations. The rule waives all points of Bentsen Duncan Jones (OH) Peterson (PA) Shows Watt (NC) order against consideration of the joint Bereuter Edwards Kanjorski Petri Shuster Watts (OK) Berkley Ehlers Kaptur Phelps Simpson Waxman resolution. Finally, the rule provides Berman Ehrlich Kasich Pickering Sisisky Weiner one motion to recommit, as is the right Berry Emerson Kelly Pickett Skeen Weldon (FL) of the minority. Biggert Engel Kennedy Pitts Skelton Weldon (PA) Bilbray English Kildee Pombo Slaughter Weller b 1445 Bilirakis Etheridge Kilpatrick Pomeroy Smith (MI) Weygand Bishop Evans Kind (WI) Porter Smith (NJ) Whitfield Mr. Speaker, as my colleagues know, Blagojevich Everett Kingston Portman Smith (TX) Wicker the current continuing resolution ex- Bliley Ewing Kleczka Price (NC) Smith (WA) Wilson pires at the end of the day on Friday, Blumenauer Farr Klink Pryce (OH) Snyder Wise Blunt Fattah Knollenberg Quinn Souder Wolf and a further continuing resolution is Boehlert Filner Kolbe Radanovich Spence Woolsey necessary to keep the government op- Boehner Fletcher Kucinich Rahall Spratt Wu erating while Congress completes con- Bonilla Foley Kuykendall Ramstad Stabenow Wynn sideration of the remaining appropria- Bonior Forbes LaFalce Rangel Stark Young (AK) Bono Ford LaHood Regula Stearns Young (FL) tions bills. H.J. Res. 110 is a clean con- Borski Fossella Lampson Reyes Stenholm tinuing resolution that simply extends Boswell Fowler Lantos Boucher Frank (MA) Largent NOT VOTING—14 the provisions included in the H.J. Res. 109 through October 14. Boyd Frelinghuysen Larson Coburn Hefley Paul Brady (PA) Frost Latham Dunn King (NY) Riley Mr. Speaker, it takes a lot of hard Brady (TX) Gallegly LaTourette Eshoo Lazio Vento work and tough decision-making to Brown (FL) Ganske Leach Franks (NJ) McCollum Wexler fund the Federal Government. We have Brown (OH) Gejdenson Lee Hastings (FL) McIntosh Bryant Gekas Levin been working hard to overcome the Burr Gephardt Lewis (CA) b 1441 hurdles in our path and complete the Burton Gibbons Lewis (GA) Buyer Gilchrest Lewis (KY) So (two-thirds having voted in favor appropriations process as soon as pos- Callahan Gillmor Linder thereof) the rules were suspended and sible. However, honest disagreement Calvert Gilman Lipinski the resolution was agreed to. exists between the majority and the Camp Gonzalez LoBiondo minority on many of the appropria- Campbell Goode Lofgren The result of the vote was announced Canady Goodlatte Lowey as above recorded. tions bills. This fair, clean, continuing Cannon Goodling Lucas (KY) A motion to reconsider was laid on resolution will give us the time we Capps Gordon Lucas (OK) need to resolve these differences and Capuano Goss Luther the table. Cardin Graham Maloney (CT) f complete the remaining fiscal year 2001 Carson Granger Maloney (NY) appropriations bills. Castle Green (TX) Manzullo PROVIDING FOR CONSIDERATION This rule was unanimously approved Chabot Green (WI) Markey OF HOUSE JOINT RESOLUTION by the Committee on Rules yesterday, Chambliss Greenwood Martinez Chenoweth-Hage Gutierrez Mascara 110, FURTHER CONTINUING AP- and I urge my colleagues to support it Clay Gutknecht Matsui PROPRIATIONS FOR FISCAL so we may proceed with the general de- Clayton Hall (OH) McCarthy (MO) YEAR 2001 bate and consideration of this bill. Clement Hall (TX) McCarthy (NY) Mr. Speaker, I reserve the balance of Clyburn Hansen McCrery Mr. LINDER. Mr. Speaker, by direc- Coble Hastert McDermott tion of the Committee on Rules, I call my time. Collins Hastings (WA) McGovern up House Resolution 604 and ask for its Mr. MOAKLEY. Mr. Speaker, I yield Combest Hayes McHugh immediate consideration. myself such time as I may consume. Condit Hayworth McInnis Mr. Speaker, I thank my colleague, Conyers Herger McIntyre The Clerk read the resolution, as fol- Cook Hill (IN) McKeon lows: the gentleman from Georgia (Mr. LIN- Cooksey Hill (MT) McKinney DER) for yielding me the customary H. RES. 604 Costello Hilleary McNulty half hour. Cox Hilliard Meehan Resolved, That upon adoption of this reso- Coyne Hinchey Meek (FL) Mr. Speaker, this is the second con- lution it shall be in order without interven- tinuing resolution and it should come Cramer Hinojosa Meeks (NY) tion of any point of order to consider in the Crane Hobson Menendez House the joint resolution (H.J. Res. 110) as no surprise to anyone. The 1974 Crowley Hoeffel Metcalf Budget Act requires us to finish 13 ap- Cubin Hoekstra Mica making further continuing appropriations Cummings Holden Millender- for the fiscal year 2001, and for other pur- propriation bills before October 1, so Cunningham Holt McDonald poses. The joint resolution shall be consid- this is really nothing new. October 3, 2000 CONGRESSIONAL RECORD — HOUSE H8659 But at the beginning of the session, up the joint resolution (H.J. Res. 110) This year has been different. This my Republican colleagues said they making further continuing appropria- year we have seen bill after bill after planned to have all this work finished tions for the fiscal year 2001, and for bill come to the floor initially and each on time, but a few months ago, my Re- other purposes, and ask for its imme- time those bills came to the floor, we publican colleagues passed a budget diate consideration in the House. were told by the majority leadership, containing $1 trillion in tax cuts, most- The Clerk read the title of the joint well, we know the bill does not make ly for the rich. Their budget left no resolution. sense at this point, but this is only the money for middle-class tax cuts, Social The text of H.J. Res. 110 is as follows: first inning, we will fix it up along the Security preservation, school construc- H.J. RES. 110 way. tion, Medicare prescription drug bene- Resolved by the Senate and House of Rep- Basically, the reason that we are fits. resentatives of the United States of America in stuck here today and the problem we Now, it is October 3, Mr. Speaker, Congress assembled, That Public Law 106–275 face today does not have so much to do and my Republican colleagues’ unreal- is amended by striking ‘‘October 6, 2000’’ in with what people are now doing or not section 106(c) and inserting in lieu thereof doing to bring this session to a close, istic budget has left them very much ‘‘October 14, 2000’’. behind on the appropriation process. what we are really faced with is the So to make matters worse, Mr. The SPEAKER pro tempore. Pursu- consequences of what was not done in Speaker, most of last week we spent ant to House Resolution 604, the gen- the first 10 months of this session. our time voting on noncontroversial tleman from Florida (Mr. YOUNG) and What was not done was to bring bills to suspension bills. Today, 2 days into the the gentleman from Wisconsin (Mr. the floor which were a genuine reflec- new fiscal year, 11 out of 13 appropria- OBEY) each will control 30 minutes. tion of the intention of the majority The Chair recognizes the gentleman tion bills have yet to be signed into party and which were a genuine reflec- from Florida (Mr. YOUNG). law. The Senate has yet to pass VA- tion of what we really in the end ex- Mr. YOUNG of Florida. Mr. Speaker, HUD, the Commerce-Justice, and they pected the Congress to produce in each I yield myself such time as I may con- have not even reported Treasury-Post- of the 13 appropriation categories. sume. Those bills essentially were political al. Mr. Speaker, the second CR which is The House has just to pass Agri- press releases put out so that the ma- before us today merely extends the culture, Transportation, and our jority party could continue to pretend date of the original CR from October 6, Labor, Health and Human Services that there was room in the budget to 2000 through October 14, 2000. We need conference reports. The Senate has not fund their huge tax packages, the large to do this because, although the House passed either the legislative branch of majority of the breaks in those pack- has passed all 13 bills, and as of a few the Interior conference reports. Presi- ages being directed to the most well-off minutes ago we now passed 6 of the dent Clinton has vowed to veto the En- among us in this society. They wanted conference reports, there are several ergy and Water conference report. to continue the fiction they could af- that still have not passed, and we need Mr. Speaker, Foreign Operations, and ford those huge tax packages, also at to get those done. the District of Columbia have not even the same time provide a pay down of We are moving along fairly well. We been sent to conference. Mr. Speaker, debt, a huge increase in the military finished the conference report on the in order to keep the Federal Govern- budget of some $20 billion, although Transportation bill this morning. We ment open for business, Congress must not nearly as much of it went to readi- will file that this afternoon and hope- either pass 11 more appropriation bills ness as the President asked for. fully have it on the floor tomorrow. In order to maintain those fictions, that the President can sign by Friday Also we are scheduled to meet in con- or pass this continuing resolution. So they maintained the pretense that this ference on the Agricultural appropria- Congress is going to spend about $40 this continuing resolution will keep tions bill this afternoon, and we would billion less than, in fact, it will wind the Federal Government open until Oc- hope that we can finish that tonight up now spending. So now we are stuck tober 14, despite the unfinished bills. and have it ready for consideration by Mr. Speaker, I urge my Republican here seeing this institution having the House before the week is over. great difficulty finding the off button colleagues to finish the work to pass We are moving, but there are still a the bills that President Clinton will so that people can go home. few outstanding issues that need to be As I said many times, that is not the sign and to fulfill their responsibility resolved, most of which, by the way, fault of the majority on the Committee to the American people. Mr. Speaker, are not really appropria- Mr. Speaker, I yield back the balance on Appropriations, they are practical tions items, but they have to do with realists. They have tried time and time of my time. other items that have been placed upon Mr. LINDER. Mr. Speaker, I yield again to demonstrate what kind of leg- these bills. back the balance of my time, and I islation could be passed. And when you Mr. Speaker, I reserve the balance of move the previous question on the res- deal with legislation straightforwardly my time. and forthrightly and produce legisla- olution. Mr. OBEY. Mr. Speaker, I yield my- The previous question was ordered. tion which honestly reflects the prior- self 7 minutes. ities of the House, then you can pass it The resolution was agreed to. Mr. Speaker, again, there is nothing A motion to reconsider was laid on with a bipartisan majority on both new with what we are doing here today. the table. sides; that was just demonstrated on We have in the past had Congresses f the previous appropriations bill that that have failed to get their appropria- we passed today. GENERAL LEAVE tions work done on time and so they The problem we have is now after Mr. YOUNG of Florida. Mr. Speaker, have required continuing resolutions; pretending to be fiscal tightwads for al- I ask unanimous consent that all Mem- that is not the issue. The issue is why most 9 months, the majority party is bers may have 5 legislative days within we are here on this occasion still in now in its rush to go home, now trying which to revise and extend their re- this same crunch, and when you answer to jam a lot of money into a lot of bills marks on H.J. Res. 110 and that I may that question, you see why this session in a very short period of time in order include tabular and extraneous mate- is different from so many others in the to get out of here. But they were still rial. history of the Congress. refusing to recognize that of the new The SPEAKER pro tempore (Mr. It is different, because in past years money being put on the table, a good LAHOOD). Is there objection to the re- when the Congress failed to get its ap- piece of that needs to be put in the bill quest of the gentleman from Florida? propriations work done on time, it was that funds the education, health, social There was no objection. usually because there were honest service and worker protection pro- f fights which were occurring over fund- grams in the Federal budget. ing levels for programs all the way They are refusing to put money in FURTHER CONTINUING APPRO- through, and you had honest fights be- that bill, but they put billions more in PRIATIONS, FISCAL YEAR 2001 tween honest pieces of legislation. And the energy and water bill, and they will Mr. YOUNG of Florida. Mr. Speaker, it was clear what each side in those put billions more in other appropria- pursuant to House Resolution 604, I call controversies were trying to do. tion bills as they move through this H8660 CONGRESSIONAL RECORD — HOUSE October 3, 2000 place. Some of those decisions will be work, I wish someone would explain it caps and agreeing on a plan to elimi- responsible, a good many of them, in to me, and I think I speak for the ma- nate the national debt. my view, will not be. So this Congress jority on both sides of the aisle. There are some on this side of the has no choice but to vote for this con- b 1500 aisle that would like very much to join tinuing resolution in order to keep the in that endeavor. government open. According to recent press accounts, Mr. OBEY. Mr. Speaker, I yield 4 The reason we are in this situation is the congressional leadership intends to minutes to the distinguished gentle- simply because the product that the quietly raise the discretionary spend- woman from the District of Columbia Committee on Appropriations was ing limits for 2001 in the first omnibus (Ms. NORTON), who sadly has no vote on forced by the majority leadership to appropriation bill. this floor, but happily, at least, has a produce was not a genuine product in I do not object to raising the caps for voice. the first place. The committee knew 2001. Everybody realizes the spending Ms. NORTON. Mr. Speaker, I thank that on the majority side of the aisle. caps set in the Balanced Budget Act of the gentleman for yielding time to me, The committee knew that on the mi- 1997 were unrealistic. But if we are especially given the very special cir- nority side of the aisle. I think every- going to raise the spending cap for 2001, cumstance in which I find myself. one knew that on both sides of the we should be looking at setting new, This process has to be as frustrating aisle on and off the committee, but for realistic discretionary spending caps for my Republican colleagues as for the sake of pretense, this charade has for 2002, 2003, 2004, 2005, and 2006. Democrats. After all, we are stuck here gone on for 10 months, and only now The existing caps for fiscal year 2002 with the overwhelming number of our are the real choices being faced and are even more unrealistic than they appropriations unresolved this late, wrestled with. are for next year. Unless we set new, and into a new fiscal year. Mr. Speaker, I regret the fact that realistic caps, we will face the same I do believe I have a right to be more my friend, the gentleman from Florida problem next year with discretionary frustrated than most because mine is (Mr. YOUNG), has to bring another con- caps that are ignored and no discipline not a case of delay in funding Federal tinuing resolution before us. He has no on discretionary spending, and the fin- agencies. It is more complicated than institutional choice, we have no insti- ger of blame being pointed on both that. You are asking me to put an en- tutional choice but to vote for it if we sides of the aisle. tire city of half a million people on are to be responsible. But I regret very More importantly, the discretionary hold, the city that I represent. much the 9-month charade that has spending caps expire after 2002, leaving It is important for the House to be preceded what we are now trying to do no discipline on discretionary spending aware of what happens when we put a in the last inning days of the session. at all. city on hold. In this high-crime big Mr. Speaker, I reserve the balance of If the Republican leadership is truly city, 175 new police officers now cannot my time. interested in controlling spending, I be hired; 88 new firefighters, to help fill Mr. YOUNG of Florida. Mr. Speaker, would encourage them to again con- out the depletion that occurred when I have no further requests for time, ex- sider the Blue Dog proposal to set new the District was in financial crisis in cept to close, and I reserve the balance discretionary caps for the next 5 years the 1990s, cannot be hired. of my time. now, while we have an opportunity. We have five new charter schools, Mr. OBEY. I yield 4 minutes to the We are suddenly hearing a lot of and that is what this Congress has distinguished gentleman from Texas rhetoric from the other side regarding most wanted. They are now in oper- (Mr. STENHOLM). the 90/10 plan and the majority’s com- ation. We have the largest number of Mr. STENHOLM. Mr. Speaker, I mitment to debt reduction. I would charter schools in the United States, thank the gentleman from Texas for have preferred that the leadership had but there is no money for these new yielding me the time. been as enthusiastic about that posi- charter schools, making their start Mr. Speaker, I rise in support of the tion 6 months ago when we offered the very shaky, because they are already CR today and take no quarrel with the same budget, which would have made in operation. School has begun. gentleman from Florida (Chairman debt reduction the top priority for the There is $4.5 million for school recre- YOUNG) for his handling of this bill and surplus, instead of pursuing tax cuts ation centers to get our kids off the any other bill that he has been han- that would consume all the surplus. streets during the busy crime hours be- dling. But I am glad we have come around tween 3 and 6; that is on hold. I am somewhat disappointed by, as to our way of thinking. Unfortunately, To the public, this seems like games the gentleman from Wisconsin (Mr. the substance of the 90/10 plan falls we play with ourselves. Games or not, OBEY) has been talking about, the proc- short of the recent rhetoric coming it is far more serious for the District of ess to the extent that we have taken from the other side about debt reduc- Columbia than for any other place in action on appropriation bills. We have tion. If we have a moral obligation to the United States. The District got its been increasing spending appropria- pay off the debt as soon as possible, as work done on time. We have submitted tions in bills above the amounts re- the leadership has said, then why does a balanced budget with a surplus. Be- quested by the President, without any the Republican leadership’s debt reduc- cause the Congress has not done its indication how all the increased spend- tion plan only apply to next year? Why work, the District cannot begin to ing we have passed will fit within a fis- can we not take action now to extend spend its own money, raised in the Dis- cally responsible budget. the plan to set aside surpluses for debt trict of Columbia from its own tax- Mr. Speaker, I think people need to reduction until we have eliminated the payers. understand how this game is being entire national debt? We cannot continue to treat this city played today, because the majority, The 90/10 plan being touted by my Re- this way. We need a new process, Mr. the leadership I might say, has said publican colleagues would leave Con- Speaker. that we are going to put our priorities gress free to abandon our moral obliga- I have just called the Mayor to say to and we are going to take out the Presi- tion to debt reduction and return to our new Mayor, the mayor who has re- dent’s priorities, and then any increase fiscally irresponsible proposals to use ceived so much in lip service com- that is going to be on increased spend- the entire surplus for tax cuts and in- pliments for the work that he has done ing we are going to blame on him. That creased spending next year. already in the District, to say ‘‘Mr. is not the way it ought to work. Instead of continuing an ad hoc proc- Mayor, your city is on hold for CR This place ought to work if we are in- ess without any real plan, we need to number 2.’’ terested in keeping a fiscally respon- reach agreement between Congress and We have a new Mayor. We have a new sible budget. If there is a plan on how the President on an overall budget council exercising excellent oversight. we can continue to pass appropriation framework that ensures that we have They have done what the Congress said bills which spend more than the Presi- enough resources to meet our various they should do. Everything in the Dis- dent has requested, plus all the tax cut tax cut and spending priorities and pay trict is new. Painstaking reforms are items and other spending items and fit down the debt, and then extend the dis- occurring. There is a new government them into the new budgetary frame- cipline by setting new discretionary in the throes of wholesale October 3, 2000 CONGRESSIONAL RECORD — HOUSE H8661 reform. The very least this body should ed to or should reach out to Democrats year or the year after or whatever, in do is to let that government take care and to the President and try to strike an attempt to pass appropriation bills of itself and begin to spend its own a bipartisan budget resolution last that we can send to the President in a money. April. That is why we are here, because timely fashion, then we will not lose The only thing that is not new about the budget resolution passed on a par- the leverage as a legislature, and forget the District of Columbia is the process tisan vote was not reasonable, was not about Republicans, Democrats, or who that the Congress forces upon it in acceptable, and could not be imple- is president, but as a legislative body. order for the city to spend its own mented, no matter how talented the But every week that goes by, we lose money. I ask that we look closely at gentleman from Florida (Mr. YOUNG) or leverage. That is not good for the insti- this process, and I ask Members to help the subcommittee chairmen were on tution of the Congress. I argued that me next year to change this process the Committee on Appropriations. Ev- when we were in control, and I will and free D.C. erybody knew that and said it in April. argue it when they are in control. Let Mr. OBEY. Mr. Speaker, I yield 5 That is why we are here. us work together to approve the re- minutes to the distinguished gen- Instead, they forged ahead, and I do maining spending bills. I just voted for tleman from Maryland (Mr. HOYER). not mean the chairman. He was di- one. I was glad to see it passed. I hope Mr. HOYER. Mr. Speaker, I thank rected to do that. They forged ahead the President signs it. That is what we the distinguished ranking member for with a budget plan that even many of should have been doing all along. yielding time to me, and again I rise, my Republican friends knew was unre- I want to tell my friends, I think as the gentleman from Texas (Mr. alistic and could not be implemented. that 90 percent of the Republicans on STENHOLM) rose, to say to my distin- Were we really going to eliminate the Committee on Appropriations knew guished chairman and friend, who does Head Start for more than 40,000 chil- that to be the case and wanted to do a great service for this institution of dren to make room for big tax cuts? that. I hope we can do that, Mr. Chair- the House and a great service for the Were we really going to cut more than man, as we conclude this session, and I Committee on Appropriations, and it is 600 FBI agents and 500 DEA agents? hope we certainly can do it next year, a better committee for his service, but Were we really going to provide Pell whatever the outcome of the election. unfortunately, he was given a no-win grants to 316,000 less young people to Again, in closing, let me congratu- task at the beginning of this year. go to college? Of course not. Neither late the chairman. Let me congratu- Mr. Speaker, let me quote: ‘‘Nobody that side of the aisle nor this side of late the ranking member. I do not has ever done this many this quick in the aisle thought that was going to know anybody in this body who works less time.’’ Some may recall that that occur. harder, who is more conscientious, who was the self-congratulatory statement So in failing to come up with a rea- is more courageous in standing up for in July of the majority leader, the gen- sonable budget resolution, and I want his beliefs and the beliefs of his party tleman from Texas (Mr. ARMEY), re- to tell the Members, I voted for a cou- than the gentleman from Wisconsin garding this body’s passage of all 13 ap- ple. I particularly voted for the one (Mr. OBEY). propriation bills through the House. that the gentleman from Texas (Mr. But I very frankly think that the Even, frankly, the New York Times STENHOLM) offered which said, let us do gentleman from Florida (Mr. YOUNG) could not contain itself. The headline 50 percent debt reduction, 25 percent and the gentleman from Wisconsin (Mr. over a story earlier this year cried out, for investment and 25 percent for tar- OBEY) are working together in a way in ‘‘GOP passes spending bills at record geted tax cuts. That made sense. Even which America can be proud and can clip.’’ But oh, what a difference a few if we did one-third and one-third and place its trust in. I am just sorry that months makes, and, I might say, a dose one-third, that would have made sense. they could not get the rest of us per- of reality. We had passed in July and Now, however, because of our failure haps to go along in as bipartisan a sent to the President two of 13 appro- to enact a reasonable budget resolu- fashion as they most of the time have priation bills that were signed into tion, we are operating in an unre- the opportunity to do. law. August came and went. September strained, unidentified budget context Mr. OBEY. Mr. Speaker, I yield my- came and went. We have two bills without parameters. I do not think self 4 minutes. signed by the President of the United that is what anybody wants to do. It is Mr. Speaker, the problem we face, as States and 11 still pending. certainly not what I want to do. was described by the gentleman from Now, we have passed the energy and Yesterday my good friend, the gen- Texas (Mr. STENHOLM), is that we es- water, and the President says he is tleman from Alabama (Mr. CALLAHAN), sentially have no idea what the limits going to veto that. So the two out of 13 a Republican leader in this House, a are. We had a phony limit that was was the same as we had in July, and de- man of great wisdom, in my opinion, produced in the original budget resolu- spite the fact that both chambers have and great integrity, he is a member of tion in the spring, and the House pre- since passed the energy and water the Committee on Appropriations tended that it was going to live with spending bill, the President vowed whom I respect and who understands the spending limit or discretionary again just the other day to veto it. the necessity of legislative consensus, funds laid out in that resolution. In addition to the haste, I might say, he was quoted in Roll Call: ‘‘We knew b 1515 that we passed these bills in, there was all along we would appear to be losing a great deal of hubris, too, on the part when we broke these limits in the But we all know that, for the third of the leadership, which acted as if we budget resolution.’’ year in a row, that understated the re- could disregard the views of the minor- So this was predictable. The day of ality by about $40 billion in terms of ity and the fact that it only held a six- reckoning was as foreseeable as the be- what the Congress would eventually seat margin. ginning of the new school year, the do. My friends on the other side of the turning of leaves, and the start of the Now, following that pretense, for a aisle have said that that makes it dif- football season. long period of time this year, we now ficult. I agree. The only way it can be The responsibility for this logjam have been given a new construct by the done is for us to come together and lies with those who thought this budg- majority party leadership. They have work together, realizing that the et resolution was reasonable. said, well, under our new 90/10 arrange- American people have elected 435 folks Mr. Chairman, I urge my colleagues, ment for use of our surplus, $28 billion who have differences of opinion, 100 however, obviously, to vote for this will be available plus $13 billion be- members of the Senate who have dif- continuing resolution. It is not the cause they are recomputing the base ferences of opinion, and, as Speaker Chairman’s fault that this continuing from which they were operating. That Gingrich pointed out and I referenced resolution is here. We have not finished gives us about $40 billion on the table last week when we passed the CR, a our business. Who is responsible for which can be used for tax actions or for president of the United States who that? All of us. We understand that. spending actions or for entitlement ac- does not agree with some of us. But I speak not so much in a partisan tions. Apparently it just never occurred to vein but for this institution, because if The problem is that that is outlays. the Republican leadership that it need- we come together, whether it is next We measure the deficit in outlays. But H8662 CONGRESSIONAL RECORD — HOUSE October 3, 2000 because we do not spend all of the fact that, yes, in fact we did pass all of Mr. OBEY. Mr. Speaker, I object to money that we appropriate in any our bills, and we passed them fairly the vote on the ground that a quorum given year, there is a difference be- early. In fact, all 13 bills were passed is not present and make the point of tween what the committee actually ap- before the end of July, except for D.C., order that a quorum is not present. propriates and what is actually outlaid The D.C. bill was actually on the floor The SPEAKER pro tempore. Evi- in any given fiscal year. in July but was pulled off the floor for dently a quorum is not present. So because of that difference, what is some other measure that apparently The Sergeant at Arms will notify ab- really on the table is up to $80 billion had more importance at one point or sent Members. in additional spending. The problem is another. The vote was taken by electronic de- no one knows what the plans are for Also, we have passed, in terms of con- vice, and there were—yeas 415, nays 1, using that huge amount of money. So ference reports, through the House the not voting 17, as follows: Defense conference report, the Military we are asked to approve a bill at a [Roll No. 509] Construction conference report, the time. I voted against the Energy-Water YEAS—415 bill because I did not know whether we Energy and Water conference report, the Treasury-Postal conference report, Abercrombie Crowley Hobson ought to be providing that much Ackerman Cubin Hoeffel money in that bill when we still did the Legislative Branch conference re- Aderholt Cummings Hoekstra not know what the other bills were port, and the Interior conference re- Allen Cunningham Holden port, which we passed just a short time Andrews Danner Holt going to look like. Archer Davis (FL) Hooley So we are drifting along with no idea ago today. We have completed the conference on Armey Davis (IL) Horn of what the limits are, no context, no Baca Davis (VA) Hostettler the Transportation appropriations bill limits, no discipline, someone in the Bachus Deal Hoyer this morning. At 4 o’clock this after- Baird DeGette Hulshof leadership office having some idea of noon, we will convene a conference Baker Delahunt Hunter what the game plan is. That changes Baldacci DeLauro Hutchinson meeting on the Agricultural appropria- from day to day. But we do not know Baldwin DeLay Hyde tions bill. Barcia DeMint Inslee so we cannot tell our constituents, and So we are moving on our responsi- Barr Deutsch Isakson the press certainly does not know. bility, but we, in the House, are only Barrett (NE) Diaz-Balart Istook So in the end, we will do what about one-third of the players. The other Barrett (WI) Dickey Jackson (IL) six anonymous people in the leadership Bartlett Dicks Jackson-Lee body is a player and the President of Barton Dingell (TX) office tells us will be done, but that is the United States is a player. When it Bass Dixon Jefferson not the way we ought to run a railroad gets to the point that bills are sent to Becerra Doggett Jenkins or a legislative body. We ought to be Bentsen Dooley John the President, and we do not know Bereuter Doolittle Johnson (CT) able to know what the limits are so what he is going to do on some of these Berkley Doyle Johnson, E. B. that we can choose within those limits. bills, he becomes as powerful as two- Berman Dreier Johnson, Sam That is not a privilege which is being thirds of this House and two-thirds of Berry Duncan Jones (NC) afforded us. There is not much we can Biggert Edwards Jones (OH) the Senate. Because if he vetoes one of Bilbray Ehlers Kanjorski do about that on the minority side of our bills, it takes two-thirds of both Bilirakis Ehrlich Kaptur the aisle. But it is an irresponsible way Houses to override the veto. Bishop Emerson Kasich to run what is supposed to be the great- So we try to work together. I think Blagojevich Engel Kelly Bliley English Kennedy est legislative body in the world. what we saw earlier today on the Inte- Blumenauer Etheridge Kildee Mr. Speaker, is the gentleman from rior appropriations bill was an indica- Blunt Evans Kilpatrick Florida (Mr. YOUNG) going to yield tion of how, if we work together, both Boehlert Everett Kind (WI) back? sides, the majority, the minority, un- Boehner Ewing Kingston Bonilla Farr Kleczka Mr. YOUNG of Florida. Mr. Speaker, derstanding that there are strong dif- Bonior Fattah Klink I will yield back after I make a closing ferences, to resolve those differences, it Bono Filner Knollenberg statement. is amazing what we can accomplish. I Borski Fletcher Kolbe Mr. OBEY. Mr. Speaker, I have no re- am really proud of the House for the Boswell Foley Kucinich Boucher Forbes Kuykendall quests for time, and I yield back the strong vote that we received for the In- Boyd Ford LaFalce balance of my time. terior bill just a short time ago. Brady (PA) Fossella LaHood Mr. YOUNG of Florida. Mr. Speaker, So Mr. Speaker, it is essential that Brady (TX) Fowler Lampson I yield myself such time as I may con- we pass this CR today, and I again ap- Brown (FL) Frank (MA) Lantos Brown (OH) Frelinghuysen Largent sume. preciate those statements from the mi- Bryant Frost Larson Mr. Speaker, I appreciate the indica- nority, from the gentleman from Wis- Burr Gallegly Latham tion of support for the CR. The gen- consin (Mr. OBEY), recognizing that it Burton Ganske LaTourette Buyer Gejdenson Leach BEY is important to pass the CR today that tleman from Wisconsin (Mr. O ) is Callahan Gekas Lee exactly right. We have to do this from would keep the government operating Calvert Gephardt Levin the institutional standpoint. So we are to the 14th of October. Hopefully by Camp Gibbons Lewis (CA) going to pass this CR today. then we will have much more positive Campbell Gilchrest Lewis (GA) and constructive news to report. Canady Gillmor Lewis (KY) I listened to the gentleman from Cannon Gilman Linder Maryland (Mr. HOYER), one of the more Mr. Speaker, I yield back the balance Capps Gonzalez Lipinski articulate members of this Congress. I of my time. Capuano Goode LoBiondo would have to say that I agree with an The SPEAKER pro tempore (Mr. Cardin Goodlatte Lofgren Carson Goodling Lowey awful lot of what he said. Our budget LAHOOD). All time for debate is ex- pired. Castle Gordon Lucas (KY) process is less than perfect. But I want Chabot Goss Lucas (OK) The joint resolution is considered as to make sure that everybody under- Chambliss Graham Luther having been read for amendment. Chenoweth-Hage Granger Maloney (CT) stands that the budget process is just Pursuant to House Resolution 604, Clay Green (TX) Maloney (NY) one piece of the process. The appropria- the previous question is ordered. Clayton Green (WI) Manzullo tions process is something entirely dif- The question is on the engrossment Clement Greenwood Markey ferent, although it might seem to some Clyburn Gutierrez Martinez and third reading of the joint resolu- Coble Gutknecht Mascara that they are both one and the same; tion. Coburn Hall (OH) Matsui but they are not. The joint resolution was ordered to Collins Hall (TX) McCarthy (MO) But, unfortunately, the appropria- Combest Hansen McCarthy (NY) be engrossed and read a third time, and Condit Hastings (WA) McCrery tions process becomes captive to the was read the third time. Conyers Hayes McDermott budget process on occasion, and we are The SPEAKER pro tempore. The Cook Hayworth McGovern not the masters of our own destiny question is on passage of the joint reso- Cooksey Herger McHugh sometimes when it comes to the appro- Costello Hill (IN) McInnis lution. Cox Hill (MT) McIntyre priations process. The question was taken; and the Coyne Hilleary McKeon But we have done a good job in the Speaker pro tempore announced that Cramer Hilliard McKinney House. The House can be proud of the the ayes appeared to have it. Crane Hinchey McNulty October 3, 2000 CONGRESSIONAL RECORD — HOUSE H8663 Meek (FL) Rahall Stark tection and treatment, and other efforts in the Sec. 102. Predisaster hazard mitigation. Meeks (NY) Ramstad Stearns Sec. 103. Interagency task force. Menendez Rangel Stenholm fight against breast cancer. Had I been present I would have voted ``yea.'' Further- Sec. 104. Mitigation planning; minimum Metcalf Regula Strickland standards for public and private Mica Reyes Stump more, Mr. Speaker, I was unavoidably de- structures. Millender- Reynolds Stupak tained for rollcall No. 509, H.J. Res. 110, mak- McDonald Rivers Sununu TITLE II—STREAMLINING AND COST Miller (FL) Rodriguez Sweeney ing further appropriations for fiscal year 2001. REDUCTION Miller, Gary Roemer Talent Had I been present I would have voted ``yea.'' Sec. 201. Technical amendments. Miller, George Rogan Tancredo f Minge Rogers Tanner Sec. 202. Management costs. Mink Rohrabacher Tauscher FURTHER MESSAGE FROM THE Sec. 203. Public notice, comment, and con- Moakley Ros-Lehtinen Tauzin SENATE sultation requirements. Mollohan Rothman Taylor (MS) Sec. 204. State administration of hazard Moore Roukema Taylor (NC) A message from the Senate by Mr. mitigation grant program. Moran (KS) Roybal-Allard Terry Lundregan, one of its clerks, an- Sec. 205. Assistance to repair, restore, recon- Moran (VA) Royce Thomas struct, or replace damaged fa- Morella Rush Thompson (CA) nounced that the Senate has passed Murtha Ryan (WI) Thompson (MS) with amendments in which the concur- cilities. Myrick Ryun (KS) Thornberry rence of the House is requested, a bill Sec. 206. Federal assistance to individuals Nadler Sabo Thune and households. Napolitano Salmon Thurman of the House of the following title: Sec. 207. Community disaster loans. Neal Sanchez Tiahrt H.R. 3767. An act to amend the Immigra- Sec. 208. Report on State management of Nethercutt Sanders Tierney tion and Nationality Act to make improve- small disasters initiative. Ney Sandlin Toomey ments to, and permanently authorize, the Sec. 209. Study regarding cost reduction. Northup Sanford Towns visa waiver pilot program under section 217 Norwood Sawyer Traficant TITLE III—MISCELLANEOUS of such Act. Nussle Saxton Turner Sec. 301. Technical correction of short title. Oberstar Scarborough Udall (CO) The message also announced that the Sec. 302. Definitions. Obey Schaffer Udall (NM) Senate has passed a bill of the fol- Olver Schakowsky Upton Sec. 303. Fire management assistance. Ortiz Scott Velazquez lowing title in which the concurrence Sec. 304. President’s Council on Domestic Ose Sensenbrenner Visclosky of the House is requested: Terrorism Preparedness. Owens Serrano Vitter S. 2045. An act to amend the Immigration Sec. 305. Disaster grant closeout procedures. Oxley Sessions Walden Sec. 306. Public safety officer benefits for Packard Shadegg Walsh and Nationality Act with respect to H–1B nonimmigrant aliens. certain Federal and State em- Pallone Shaw Wamp ployees. Pascrell Shays Waters f Sec. 307. Buy American. Pastor Sherman Watkins Payne Sherwood Watt (NC) b 1545 Sec. 308. Treatment of certain real property. Pease Shimkus Watts (OK) Sec. 309. Study of participation by Indian Pelosi Shows Waxman ANNOUNCEMENT BY THE SPEAKER tribes in emergency manage- Peterson (MN) Shuster Weiner PRO TEMPORE ment. Peterson (PA) Simpson Weldon (FL) TITLE I—PREDISASTER HAZARD Petri Sisisky Weldon (PA) The SPEAKER pro tempore (Mrs. Phelps Skeen Weller MORELLA). Pursuant to clause 8 of rule MITIGATION Pickering Skelton Weygand XX, the Chair announces that she will SEC. 101. FINDINGS AND PURPOSE. Pickett Slaughter Whitfield postpone further proceedings today on (a) FINDINGS.—Congress finds that— Pitts Smith (MI) Wicker (1) natural disasters, including earth- Pombo Smith (NJ) Wilson the remaining motions to suspend the quakes, tsunamis, tornadoes, hurricanes, Pomeroy Smith (TX) Wise rules on which a recorded vote or the flooding, and wildfires, pose great danger to Porter Smith (WA) Wolf yeas and nays are ordered, or on which Portman Snyder Woolsey human life and to property throughout the Price (NC) Souder Wu the vote is objected to under clause 6 of United States; Pryce (OH) Spence Wynn rule XX. (2) greater emphasis needs to be placed Quinn Spratt Young (AK) Any record votes on postponed ques- on— Radanovich Stabenow Young (FL) tions will be taken tomorrow. (A) identifying and assessing the risks to NAYS—1 f States and local governments (including In- DeFazio dian tribes) from natural disasters; PROVIDING FOR CONCURRENCE BY (B) implementing adequate measures to re- NOT VOTING—17 HOUSE WITH AN AMENDMENT IN duce losses from natural disasters; and Ballenger Hinojosa Meehan SENATE AMENDMENTS TO H.R. (C) ensuring that the critical services and Dunn Houghton Paul 707, DISASTER MITIGATION ACT facilities of communities will continue to Eshoo King (NY) Riley OF 2000 function after a natural disaster; Franks (NJ) Lazio Vento (3) expenditures for postdisaster assistance Hastings (FL) McCollum Wexler Mrs. FOWLER. Madam Speaker, I are increasing without commensurate reduc- Hefley McIntosh move to suspend the rules and agree to tions in the likelihood of future losses from b 1543 the resolution (H. Res. 607) providing natural disasters; Mr. CONDIT changed his vote from for the concurrence by the House with (4) in the expenditure of Federal funds under the Robert T. Stafford Disaster Relief ‘‘nay’’ to ‘‘yea.’’ an amendment in the Senate amend- ments to H.R. 707. and Emergency Assistance Act (42 U.S.C. So the joint resolution was agreed to. 5121 et seq.), high priority should be given to The result of the vote was announced The Clerk read as follows: mitigation of hazards at the local level; and as above recorded. H. RES. 607 (5) with a unified effort of economic incen- A motion to reconsider was laid on Resolved, That upon the adoption of this tives, awareness and education, technical as- the table. resolution the House shall be considered to sistance, and demonstrated Federal support, f have taken from the Speaker’s table the bill States and local governments (including In- H.R. 707, with the amendment of the Senate dian tribes) will be able to— PERSONAL EXPLANATION thereto, and to have concurred in the amend- (A) form effective community-based part- Mr. RILEY. Mr. Speaker, I was unavoidably ment of the Senate to the text with the fol- nerships for hazard mitigation purposes; lowing amendment: (B) implement effective hazard mitigation detained for rollcall No. 506, H. Res. 603, In lieu of the matter proposed to be in- measures that reduce the potential damage waiving Points of Order against the Con- serted by the amendment of the Senate, in- from natural disasters; ference Report on H.R. 4578. Had I been sert the following: (C) ensure continued functionality of crit- present I would have voted ``yea.'' Mr. Speak- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. ical services; er, I was unavoidably detained for rollcall No. (a) SHORT TITLE.—This Act may be cited as (D) leverage additional non-Federal re- 507, H.R. 4578, the Interior Appropriations the ‘‘Disaster Mitigation Act of 2000’’. sources in meeting natural disaster resist- Conference Report for Fiscal Year 2001. Had (b) TABLE OF CONTENTS.—The table of con- ance goals; and I been present I would have voted ``yea.'' Mr. tents of this Act is as follows: (E) make commitments to long-term haz- ard mitigation efforts to be applied to new Sec. 1. Short title; table of contents. Speaker, I was unavoidably detained for roll- and existing structures. call No. 508, H.J. Res. 278, expressing the TITLE I—PREDISASTER HAZARD (b) PURPOSE.—The purpose of this title is sense of the House of Representatives re- MITIGATION to establish a national disaster hazard miti- garding the importance of education, early de- Sec. 101. Findings and purpose. gation program— H8664 CONGRESSIONAL RECORD — HOUSE October 3, 2000 (1) to reduce the loss of life and property, (g), any local governments of the State to re- dent may contribute up to 90 percent of the human suffering, economic disruption, and ceive assistance under this section. total cost of a mitigation activity carried disaster assistance costs resulting from nat- ‘‘(e) USES OF TECHNICAL AND FINANCIAL AS- out in a small impoverished community. ural disasters; and SISTANCE.— ‘‘(i) NATIONAL PREDISASTER MITIGATION (2) to provide a source of predisaster haz- ‘‘(1) IN GENERAL.—Technical and financial FUND.— ard mitigation funding that will assist assistance provided under this section— ‘‘(1) ESTABLISHMENT.—The President may States and local governments (including In- ‘‘(A) shall be used by States and local gov- establish in the Treasury of the United dian tribes) in implementing effective hazard ernments principally to implement States a fund to be known as the ‘National mitigation measures that are designed to en- predisaster hazard mitigation measures that Predisaster Mitigation Fund’, to be used in sure the continued functionality of critical are cost-effective and are described in pro- carrying out this section. services and facilities after a natural dis- posals approved by the President under this ‘‘(2) TRANSFERS TO FUND.—There shall be aster. section; and deposited in the Fund— SEC. 102. PREDISASTER HAZARD MITIGATION. ‘‘(B) may be used— ‘‘(A) amounts appropriated to carry out ‘‘(i) to support effective public-private nat- this section, which shall remain available (a) IN GENERAL.—Title II of the Robert T. until expended; and Stafford Disaster Relief and Emergency As- ural disaster hazard mitigation partnerships; ‘‘(B) sums available from gifts, bequests, or sistance Act (42 U.S.C. 5131 et seq.) is amend- ‘‘(ii) to improve the assessment of a com- donations of services or property received by ed by adding at the end the following: munity’s vulnerability to natural hazards; or ‘‘(iii) to establish hazard mitigation prior- the President for the purpose of predisaster ‘‘SEC. 203. PREDISASTER HAZARD MITIGATION. ities, and an appropriate hazard mitigation hazard mitigation. ‘‘(a) DEFINITION OF SMALL IMPOVERISHED plan, for a community. ‘‘(3) EXPENDITURES FROM FUND.—Upon re- COMMUNITY.—In this section, the term ‘small ‘‘(2) DISSEMINATION.—A State or local gov- quest by the President, the Secretary of the impoverished community’ means a commu- ernment may use not more than 10 percent Treasury shall transfer from the Fund to the nity of 3,000 or fewer individuals that is eco- of the financial assistance received by the President such amounts as the President de- nomically disadvantaged, as determined by State or local government under this section termines are necessary to provide technical the State in which the community is located for a fiscal year to fund activities to dissemi- and financial assistance under this section. and based on criteria established by the nate information regarding cost-effective ‘‘(4) INVESTMENT OF AMOUNTS.— President. mitigation technologies. ‘‘(A) IN GENERAL.—The Secretary of the ‘‘(b) ESTABLISHMENT OF PROGRAM.—The ‘‘(f) ALLOCATION OF FUNDS.—The amount of Treasury shall invest such portion of the President may establish a program to pro- financial assistance made available to a Fund as is not, in the judgment of the Sec- vide technical and financial assistance to State (including amounts made available to retary of the Treasury, required to meet cur- States and local governments to assist in the local governments of the State) under this rent withdrawals. Investments may be made implementation of predisaster hazard miti- section for a fiscal year— only in interest-bearing obligations of the gation measures that are cost-effective and ‘‘(1) shall be not less than the lesser of— United States. are designed to reduce injuries, loss of life, ‘‘(A) $500,000; or ‘‘(B) ACQUISITION OF OBLIGATIONS.—For the and damage and destruction of property, in- ‘‘(B) the amount that is equal to 1.0 per- purpose of investments under subparagraph cluding damage to critical services and fa- cent of the total funds appropriated to carry (A), obligations may be acquired— cilities under the jurisdiction of the States out this section for the fiscal year; ‘‘(i) on original issue at the issue price; or or local governments. ‘‘(2) shall not exceed 15 percent of the total ‘‘(ii) by purchase of outstanding obliga- ‘‘(c) APPROVAL BY PRESIDENT.—If the Presi- funds described in paragraph (1)(B); and tions at the market price. dent determines that a State or local govern- ‘‘(3) shall be subject to the criteria speci- ‘‘(C) SALE OF OBLIGATIONS.—Any obligation ment has identified natural disaster hazards fied in subsection (g). acquired by the Fund may be sold by the in areas under its jurisdiction and has dem- ‘‘(g) CRITERIA FOR ASSISTANCE AWARDS.—In Secretary of the Treasury at the market onstrated the ability to form effective pub- determining whether to provide technical price. lic-private natural disaster hazard mitiga- and financial assistance to a State or local ‘‘(D) CREDITS TO FUND.—The interest on, tion partnerships, the President, using government under this section, the President and the proceeds from the sale or redemption amounts in the National Predisaster Mitiga- shall take into account— of, any obligations held in the Fund shall be tion Fund established under subsection (i) ‘‘(1) the extent and nature of the hazards to credited to and form a part of the Fund. (referred to in this section as the ‘Fund’), be mitigated; ‘‘(E) TRANSFERS OF AMOUNTS.— may provide technical and financial assist- ‘‘(2) the degree of commitment of the State ‘‘(i) IN GENERAL.—The amounts required to ance to the State or local government to be or local government to reduce damages from be transferred to the Fund under this sub- used in accordance with subsection (e). future natural disasters; section shall be transferred at least monthly ‘‘(d) STATE RECOMMENDATIONS.— ‘‘(3) the degree of commitment by the from the general fund of the Treasury to the ‘‘(1) IN GENERAL.— State or local government to support ongo- Fund on the basis of estimates made by the ‘‘(A) RECOMMENDATIONS.—The Governor of ing non-Federal support for the hazard miti- Secretary of the Treasury. each State may recommend to the President gation measures to be carried out using the ‘‘(ii) ADJUSTMENTS.—Proper adjustment not fewer than 5 local governments to re- technical and financial assistance; shall be made in amounts subsequently ceive assistance under this section. ‘‘(4) the extent to which the hazard mitiga- transferred to the extent prior estimates ‘‘(B) DEADLINE FOR SUBMISSION.—The rec- tion measures to be carried out using the were in excess of or less than the amounts ommendations under subparagraph (A) shall technical and financial assistance contribute required to be transferred. be submitted to the President not later than to the mitigation goals and priorities estab- ‘‘(j) LIMITATION ON TOTAL AMOUNT OF FI- October 1, 2001, and each October 1st there- lished by the State; NANCIAL ASSISTANCE.—The President shall after or such later date in the year as the ‘‘(5) the extent to which the technical and not provide financial assistance under this President may establish. financial assistance is consistent with other section in an amount greater than the ‘‘(C) CRITERIA.—In making recommenda- assistance provided under this Act; amount available in the Fund. tions under subparagraph (A), a Governor ‘‘(6) the extent to which prioritized, cost- ‘‘(k) MULTIHAZARD ADVISORY MAPS.— shall consider the criteria specified in sub- effective mitigation activities that produce ‘‘(1) DEFINITION OF MULTIHAZARD ADVISORY section (g). meaningful and definable outcomes are MAP.—In this subsection, the term ‘multi- ‘‘(2) USE.— clearly identified; hazard advisory map’ means a map on which ‘‘(A) IN GENERAL.—Except as provided in ‘‘(7) if the State or local government has hazard data concerning each type of natural subparagraph (B), in providing assistance to submitted a mitigation plan under section disaster is identified simultaneously for the local governments under this section, the 322, the extent to which the activities identi- purpose of showing areas of hazard overlap. President shall select from local govern- fied under paragraph (6) are consistent with ‘‘(2) DEVELOPMENT OF MAPS.—In consulta- ments recommended by the Governors under the mitigation plan; tion with States, local governments, and ap- this subsection. ‘‘(8) the opportunity to fund activities that propriate Federal agencies, the President ‘‘(B) EXTRAORDINARY CIRCUMSTANCES.—In maximize net benefits to society; shall develop multihazard advisory maps for providing assistance to local governments ‘‘(9) the extent to which assistance will areas, in not fewer than 5 States, that are under this section, the President may select fund mitigation activities in small impover- subject to commonly recurring natural haz- a local government that has not been rec- ished communities; and ards (including flooding, hurricanes and se- ommended by a Governor under this sub- ‘‘(10) such other criteria as the President vere winds, and seismic events). section if the President determines that ex- establishes in consultation with State and ‘‘(3) USE OF TECHNOLOGY.—In developing traordinary circumstances justify the selec- local governments. multihazard advisory maps under this sub- tion and that making the selection will fur- ‘‘(h) FEDERAL SHARE.— section, the President shall use, to the max- ther the purpose of this section. ‘‘(1) IN GENERAL.—Financial assistance pro- imum extent practicable, the most cost-ef- ‘‘(3) EFFECT OF FAILURE TO NOMINATE.—If a vided under this section may contribute up fective and efficient technology available. Governor of a State fails to submit rec- to 75 percent of the total cost of mitigation ‘‘(4) USE OF MAPS.— ommendations under this subsection in a activities approved by the President. ‘‘(A) ADVISORY NATURE.—The multihazard timely manner, the President may select, ‘‘(2) SMALL IMPOVERISHED COMMUNITIES.— advisory maps shall be considered to be advi- subject to the criteria specified in subsection Notwithstanding paragraph (1), the Presi- sory and shall not require the development October 3, 2000 CONGRESSIONAL RECORD — HOUSE H8665 of any new policy by, or impose any new pol- ‘‘(2) support development of local mitiga- (B) in the third sentence, by striking ‘‘The icy on, any government or private entity. tion plans; total’’ and inserting ‘‘Subject to section 322, ‘‘(B) AVAILABILITY OF MAPS.—The multi- ‘‘(3) provide for technical assistance to the total’’. hazard advisory maps shall be made avail- local and tribal governments for mitigation (2) Section 409 of the Robert T. Stafford able to the appropriate State and local gov- planning; and Disaster Relief and Emergency Assistance ernments for the purposes of— ‘‘(4) identify and prioritize mitigation ac- Act (42 U.S.C. 5176) is repealed. ‘‘(i) informing the general public about the tions that the State will support, as re- TITLE II—STREAMLINING AND COST risks of natural hazards in the areas de- sources become available. REDUCTION scribed in paragraph (2); ‘‘(d) FUNDING.— SEC. 201. TECHNICAL AMENDMENTS. ‘‘(ii) supporting the activities described in ‘‘(1) IN GENERAL.—Federal contributions Section 311 of the Robert T. Stafford Dis- subsection (e); and under section 404 may be used to fund the de- aster Relief and Emergency Assistance Act ‘‘(iii) other public uses. velopment and updating of mitigation plans (42 U.S.C. 5154) is amended in subsections ‘‘(l) REPORT ON FEDERAL AND STATE ADMIN- under this section. (a)(1), (b), and (c) by striking ‘‘section 803 of ISTRATION.—Not later than 18 months after ‘‘(2) MAXIMUM FEDERAL CONTRIBUTION.— the Public Works and Economic Develop- the date of enactment of this section, the With respect to any mitigation plan, a State, ment Act of 1965’’ each place it appears and President, in consultation with State and local, or tribal government may use an inserting ‘‘section 209(c)(2) of the Public local governments, shall submit to Congress amount of Federal contributions under sec- Works and Economic Development Act of a report evaluating efforts to implement this tion 404 not to exceed 7 percent of the 1965 (42 U.S.C. 3149(c)(2))’’. section and recommending a process for amount of such contributions available to SEC. 202. MANAGEMENT COSTS. transferring greater authority and responsi- the government as of a date determined by (a) IN GENERAL.—Title III of the Robert T. bility for administering the assistance pro- the government. Stafford Disaster Relief and Emergency As- gram established under this section to capa- ‘‘(e) INCREASED FEDERAL SHARE FOR HAZ- sistance Act (42 U.S.C. 5141 et seq.) (as ble States. ARD MITIGATION MEASURES.— amended by section 104(a)) is amended by ‘‘(m) TERMINATION OF AUTHORITY.—The au- ‘‘(1) IN GENERAL.—If, at the time of the dec- adding at the end the following: thority provided by this section terminates laration of a major disaster, a State has in ‘‘SEC. 324. MANAGEMENT COSTS. December 31, 2003.’’. effect an approved mitigation plan under ‘‘(a) DEFINITION OF MANAGEMENT COST.—In (b) CONFORMING AMENDMENT.—Title II of this section, the President may increase to this section, the term ‘management cost’ in- the Robert T. Stafford Disaster Relief and 20 percent, with respect to the major dis- cludes any indirect cost, any administrative Emergency Assistance Act (42 U.S.C. 5131 et aster, the maximum percentage specified in expense, and any other expense not directly seq.) is amended by striking the title head- the last sentence of section 404(a). chargeable to a specific project under a ing and inserting the following: ‘‘(2) FACTORS FOR CONSIDERATION.—In de- major disaster, emergency, or disaster pre- ‘‘TITLE II—DISASTER PREPAREDNESS AND termining whether to increase the maximum paredness or mitigation activity or measure. MITIGATION ASSISTANCE’’. percentage under paragraph (1), the Presi- ‘‘(b) ESTABLISHMENT OF MANAGEMENT COST dent shall consider whether the State has SEC. 103. INTERAGENCY TASK FORCE. RATES.—Notwithstanding any other provi- Title II of the Robert T. Stafford Disaster established— sion of law (including any administrative Relief and Emergency Assistance Act (42 ‘‘(A) eligibility criteria for property acqui- rule or guidance), the President shall by reg- U.S.C. 5131 et seq.) (as amended by section sition and other types of mitigation meas- ulation establish management cost rates, for 102(a)) is amended by adding at the end the ures; grantees and subgrantees, that shall be used following: ‘‘(B) requirements for cost effectiveness to determine contributions under this Act ‘‘SEC. 204. INTERAGENCY TASK FORCE. that are related to the eligibility criteria; for management costs. ‘‘(a) IN GENERAL.—The President shall es- ‘‘(C) a system of priorities that is related ‘‘(c) REVIEW.—The President shall review tablish a Federal interagency task force for to the eligibility criteria; and the management cost rates established under the purpose of coordinating the implementa- ‘‘(D) a process by which an assessment of subsection (b) not later than 3 years after tion of predisaster hazard mitigation pro- the effectiveness of a mitigation action may the date of establishment of the rates and grams administered by the Federal Govern- be carried out after the mitigation action is periodically thereafter.’’. ment. complete. (b) APPLICABILITY.— ‘‘(b) CHAIRPERSON.—The Director of the ‘‘SEC. 323. MINIMUM STANDARDS FOR PUBLIC (1) IN GENERAL.—Subject to paragraph (2), Federal Emergency Management Agency AND PRIVATE STRUCTURES. subsections (a) and (b) of section 324 of the shall serve as the chairperson of the task ‘‘(a) IN GENERAL.—As a condition of receipt Robert T. Stafford Disaster Relief and Emer- force. of a disaster loan or grant under this Act— gency Assistance Act (as added by subsection ‘‘(c) MEMBERSHIP.—The membership of the ‘‘(1) the recipient shall carry out any re- (a)) shall apply to major disasters declared task force shall include representatives of— pair or construction to be financed with the under that Act on or after the date of enact- ‘‘(1) relevant Federal agencies; loan or grant in accordance with applicable ment of this Act. ‘‘(2) State and local government organiza- standards of safety, decency, and sanitation (2) INTERIM AUTHORITY.—Until the date on tions (including Indian tribes); and and in conformity with applicable codes, which the President establishes the manage- ‘‘(3) the American Red Cross.’’. specifications, and standards; and ment cost rates under section 324 of the Rob- SEC. 104. MITIGATION PLANNING; MINIMUM ‘‘(2) the President may require safe land ert T. Stafford Disaster Relief and Emer- STANDARDS FOR PUBLIC AND PRI- use and construction practices, after ade- gency Assistance Act (as added by subsection VATE STRUCTURES. quate consultation with appropriate State (a)), section 406(f) of the Robert T. Stafford (a) IN GENERAL.—Title III of the Robert T. and local government officials. Disaster Relief and Emergency Assistance Stafford Disaster Relief and Emergency As- ‘‘(b) EVIDENCE OF COMPLIANCE.—A recipient Act (42 U.S.C. 5172(f)) (as in effect on the day sistance Act (42 U.S.C. 5141 et seq.) is amend- of a disaster loan or grant under this Act before the date of enactment of this Act) ed by adding at the end the following: shall provide such evidence of compliance shall be used to establish management cost ‘‘SEC. 322. MITIGATION PLANNING. with this section as the President may re- rates. ‘‘(a) REQUIREMENT OF MITIGATION PLAN.— quire by regulation.’’. SEC. 203. PUBLIC NOTICE, COMMENT, AND CON- As a condition of receipt of an increased Fed- (b) LOSSES FROM STRAIGHT LINE WINDS.— SULTATION REQUIREMENTS. eral share for hazard mitigation measures The President shall increase the maximum Title III of the Robert T. Stafford Disaster under subsection (e), a State, local, or tribal percentage specified in the last sentence of Relief and Emergency Assistance Act (42 government shall develop and submit for ap- section 404(a) of the Robert T. Stafford Dis- U.S.C. 5141 et seq.) (as amended by section proval to the President a mitigation plan aster Relief and Emergency Assistance Act 202(a)) is amended by adding at the end the that outlines processes for identifying the (42 U.S.C. 5170c(a)) from 15 percent to 20 per- following: natural hazards, risks, and vulnerabilities of cent with respect to any major disaster that ‘‘SEC. 325. PUBLIC NOTICE, COMMENT, AND CON- the area under the jurisdiction of the govern- is in the State of Minnesota and for which SULTATION REQUIREMENTS. ment. assistance is being provided as of the date of ‘‘(a) PUBLIC NOTICE AND COMMENT CON- ‘‘(b) LOCAL AND TRIBAL PLANS.—Each miti- enactment of this Act, except that addi- CERNING NEW OR MODIFIED POLICIES.— gation plan developed by a local or tribal tional assistance provided under this sub- ‘‘(1) IN GENERAL.—The President shall pro- government shall— section shall not exceed $6,000,000. The miti- vide for public notice and opportunity for ‘‘(1) describe actions to mitigate hazards, gation measures assisted under this sub- comment before adopting any new or modi- risks, and vulnerabilities identified under section shall be related to losses in the State fied policy that— the plan; and of Minnesota from straight line winds. ‘‘(A) governs implementation of the public ‘‘(2) establish a strategy to implement (c) CONFORMING AMENDMENTS.— assistance program administered by the Fed- those actions. (1) Section 404(a) of the Robert T. Stafford eral Emergency Management Agency under ‘‘(c) STATE PLANS.—The State process of Disaster Relief and Emergency Assistance this Act; and development of a mitigation plan under this Act (42 U.S.C. 5170c(a)) is amended— ‘‘(B) could result in a significant reduction section shall— (A) in the second sentence, by striking of assistance under the program. ‘‘(1) identify the natural hazards, risks, ‘‘section 409’’ and inserting ‘‘section 322’’; ‘‘(2) APPLICATION.—Any policy adopted and vulnerabilities of areas in the State; and under paragraph (1) shall apply only to a H8666 CONGRESSIONAL RECORD — HOUSE October 3, 2000 major disaster or emergency declared on or stroyed by a major disaster and for associ- ‘‘(B) the owner of which has failed to im- after the date on which the policy is adopted. ated expenses incurred by the government; plement appropriate mitigation measures to ‘‘(b) CONSULTATION CONCERNING INTERIM and address the hazard that caused the damage POLICIES.— ‘‘(B) subject to paragraph (3), to a person to the facility.’’. ‘‘(1) IN GENERAL.—Before adopting any in- that owns or operates a private nonprofit fa- (c) LARGE IN-LIEU CONTRIBUTIONS.—Section terim policy under the public assistance pro- cility damaged or destroyed by a major dis- 406 of the Robert T. Stafford Disaster Relief gram to address specific conditions that re- aster for the repair, restoration, reconstruc- and Emergency Assistance Act (42 U.S.C. late to a major disaster or emergency that tion, or replacement of the facility and for 5172) is amended by striking subsection (c) has been declared under this Act, the Presi- associated expenses incurred by the person. and inserting the following: dent, to the maximum extent practicable, ‘‘(2) ASSOCIATED EXPENSES.—For the pur- ‘‘(c) LARGE IN-LIEU CONTRIBUTIONS.— shall solicit the views and recommendations poses of this section, associated expenses ‘‘(1) FOR PUBLIC FACILITIES.— of grantees and subgrantees with respect to shall include— ‘‘(A) IN GENERAL.—In any case in which a the major disaster or emergency concerning ‘‘(A) the costs of mobilizing and employing State or local government determines that the potential interim policy, if the interim the National Guard for performance of eligi- the public welfare would not best be served policy is likely— ble work; by repairing, restoring, reconstructing, or ‘‘(A) to result in a significant reduction of ‘‘(B) the costs of using prison labor to per- replacing any public facility owned or con- assistance to applicants for the assistance form eligible work, including wages actually trolled by the State or local government, the with respect to the major disaster or emer- paid, transportation to a worksite, and ex- State or local government may elect to re- gency; or traordinary costs of guards, food, and lodg- ceive, in lieu of a contribution under sub- ‘‘(B) to change the terms of a written ing; and section (a)(1)(A), a contribution in an agreement to which the Federal Government ‘‘(C) base and overtime wages for the em- amount equal to 75 percent of the Federal is a party concerning the declaration of the ployees and extra hires of a State, local gov- share of the Federal estimate of the cost of major disaster or emergency. ernment, or person described in paragraph (1) repairing, restoring, reconstructing, or re- placing the facility and of management ex- ‘‘(2) NO LEGAL RIGHT OF ACTION.—Nothing that perform eligible work, plus fringe bene- in this subsection confers a legal right of ac- fits on such wages to the extent that such penses. tion on any party. benefits were being paid before the major ‘‘(B) AREAS WITH UNSTABLE SOIL.—In any ‘‘(c) PUBLIC ACCESS.—The President shall disaster. case in which a State or local government promote public access to policies governing ‘‘(3) CONDITIONS FOR ASSISTANCE TO PRIVATE determines that the public welfare would not the implementation of the public assistance NONPROFIT FACILITIES.— best be served by repairing, restoring, recon- program.’’. ‘‘(A) IN GENERAL.—The President may structing, or replacing any public facility owned or controlled by the State or local SEC. 204. STATE ADMINISTRATION OF HAZARD make contributions to a private nonprofit fa- MITIGATION GRANT PROGRAM. cility under paragraph (1)(B) only if— government because soil instability in the Section 404 of the Robert T. Stafford Dis- ‘‘(i) the facility provides critical services disaster area makes repair, restoration, re- aster Relief and Emergency Assistance Act (as defined by the President) in the event of construction, or replacement infeasible, the (42 U.S.C. 5170c) is amended by adding at the a major disaster; or State or local government may elect to re- end the following: ‘‘(ii) the owner or operator of the facility— ceive, in lieu of a contribution under sub- ‘‘(c) PROGRAM ADMINISTRATION BY ‘‘(I) has applied for a disaster loan under section (a)(1)(A), a contribution in an STATES.— section 7(b) of the Small Business Act (15 amount equal to 90 percent of the Federal ‘‘(1) IN GENERAL.—A State desiring to ad- U.S.C. 636(b)); and share of the Federal estimate of the cost of minister the hazard mitigation grant pro- ‘‘(II)(aa) has been determined to be ineli- repairing, restoring, reconstructing, or re- gram established by this section with respect gible for such a loan; or placing the facility and of management ex- to hazard mitigation assistance in the State ‘‘(bb) has obtained such a loan in the max- penses. may submit to the President an application imum amount for which the Small Business ‘‘(C) USE OF FUNDS.—Funds contributed to for the delegation of the authority to admin- Administration determines the facility is el- a State or local government under this para- ister the program. igible. graph may be used— ‘‘(2) CRITERIA.—The President, in consulta- ‘‘(B) DEFINITION OF CRITICAL SERVICES.—In ‘‘(i) to repair, restore, or expand other se- tion and coordination with States and local this paragraph, the term ‘critical services’ lected public facilities; governments, shall establish criteria for the includes power, water (including water pro- ‘‘(ii) to construct new facilities; or approval of applications submitted under vided by an irrigation organization or facil- ‘‘(iii) to fund hazard mitigation measures paragraph (1). The criteria shall include, at a ity), sewer, wastewater treatment, commu- that the State or local government deter- minimum— nications, and emergency medical care. mines to be necessary to meet a need for ‘‘(A) the demonstrated ability of the State ‘‘(4) NOTIFICATION TO CONGRESS.—Before governmental services and functions in the to manage the grant program under this sec- making any contribution under this section area affected by the major disaster. tion; in an amount greater than $20,000,000, the ‘‘(D) LIMITATIONS.—Funds made available ‘‘(B) there being in effect an approved miti- President shall notify— to a State or local government under this gation plan under section 322; and ‘‘(A) the Committee on Environment and paragraph may not be used for— ‘‘(C) a demonstrated commitment to miti- Public Works of the Senate; ‘‘(i) any public facility located in a regu- gation activities. ‘‘(B) the Committee on Transportation and latory floodway (as defined in section 59.1 of ‘‘(3) APPROVAL.—The President shall ap- Infrastructure of the House of Representa- title 44, Code of Federal Regulations (or a prove an application submitted under para- tives; successor regulation)); or graph (1) that meets the criteria established ‘‘(C) the Committee on Appropriations of ‘‘(ii) any uninsured public facility located under paragraph (2). the Senate; and in a special flood hazard area identified by ‘‘(4) WITHDRAWAL OF APPROVAL.—If, after ‘‘(D) the Committee on Appropriations of the Director of the Federal Emergency Man- approving an application of a State sub- the House of Representatives.’’. agement Agency under the National Flood mitted under paragraph (1), the President de- (b) FEDERAL SHARE.—Section 406 of the Insurance Act of 1968 (42 U.S.C. 4001 et seq.). termines that the State is not administering Robert T. Stafford Disaster Relief and Emer- ‘‘(2) FOR PRIVATE NONPROFIT FACILITIES.— the hazard mitigation grant program estab- gency Assistance Act (42 U.S.C. 5172) is ‘‘(A) IN GENERAL.—In any case in which a lished by this section in a manner satisfac- amended by striking subsection (b) and in- person that owns or operates a private non- tory to the President, the President shall serting the following: profit facility determines that the public withdraw the approval. ‘‘(b) FEDERAL SHARE.— welfare would not best be served by repair- ‘‘(5) AUDITS.—The President shall provide ‘‘(1) MINIMUM FEDERAL SHARE.—Except as ing, restoring, reconstructing, or replacing for periodic audits of the hazard mitigation provided in paragraph (2), the Federal share the facility, the person may elect to receive, grant programs administered by States of assistance under this section shall be not in lieu of a contribution under subsection under this subsection.’’. less than 75 percent of the eligible cost of re- (a)(1)(B), a contribution in an amount equal SEC. 205. ASSISTANCE TO REPAIR, RESTORE, RE- pair, restoration, reconstruction, or replace- to 75 percent of the Federal share of the Fed- CONSTRUCT, OR REPLACE DAMAGED ment carried out under this section. eral estimate of the cost of repairing, restor- FACILITIES. ‘‘(2) REDUCED FEDERAL SHARE.—The Presi- ing, reconstructing, or replacing the facility (a) CONTRIBUTIONS.—Section 406 of the Rob- dent shall promulgate regulations to reduce and of management expenses. ert T. Stafford Disaster Relief and Emer- the Federal share of assistance under this ‘‘(B) USE OF FUNDS.—Funds contributed to gency Assistance Act (42 U.S.C. 5172) is section to not less than 25 percent in the a person under this paragraph may be used— amended by striking subsection (a) and in- case of the repair, restoration, reconstruc- ‘‘(i) to repair, restore, or expand other se- serting the following: tion, or replacement of any eligible public lected private nonprofit facilities owned or ‘‘(a) CONTRIBUTIONS.— facility or private nonprofit facility fol- operated by the person; ‘‘(1) IN GENERAL.—The President may make lowing an event associated with a major ‘‘(ii) to construct new private nonprofit fa- contributions— disaster— cilities to be owned or operated by the per- ‘‘(A) to a State or local government for the ‘‘(A) that has been damaged, on more than son; or repair, restoration, reconstruction, or re- 1 occasion within the preceding 10-year pe- ‘‘(iii) to fund hazard mitigation measures placement of a public facility damaged or de- riod, by the same type of event; and that the person determines to be necessary October 3, 2000 CONGRESSIONAL RECORD — HOUSE H8667 to meet a need for the person’s services and ance under this section shall reimburse the meet such expenses or needs through other functions in the area affected by the major President in the amount of the difference. means. disaster. ‘‘(C) NO EFFECT ON APPEALS PROCESS.— ‘‘(2) RELATIONSHIP TO OTHER ASSISTANCE.— ‘‘(C) LIMITATIONS.—Funds made available Nothing in this paragraph affects any right Under paragraph (1), an individual or house- to a person under this paragraph may not be of appeal under section 423. hold shall not be denied assistance under used for— ‘‘(3) EXPERT PANEL.— paragraph (1), (3), or (4) of subsection (c) ‘‘(i) any private nonprofit facility located ‘‘(A) ESTABLISHMENT.—Not later than 18 solely on the basis that the individual or in a regulatory floodway (as defined in sec- months after the date of enactment of this household has not applied for or received any tion 59.1 of title 44, Code of Federal Regula- paragraph, the President, acting through the loan or other financial assistance from the tions (or a successor regulation)); or Director of the Federal Emergency Manage- Small Business Administration or any other ‘‘(ii) any uninsured private nonprofit facil- ment Agency, shall establish an expert Federal agency. ity located in a special flood hazard area panel, which shall include representatives ‘‘(b) HOUSING ASSISTANCE.— identified by the Director of the Federal from the construction industry and State ‘‘(1) ELIGIBILITY.—The President may pro- Emergency Management Agency under the and local government. vide financial or other assistance under this National Flood Insurance Act of 1968 (42 ‘‘(B) DUTIES.—The expert panel shall de- section to individuals and households to re- U.S.C. 4001 et seq.).’’. velop recommendations concerning— spond to the disaster-related housing needs of individuals and households who are dis- (d) ELIGIBLE COST.— ‘‘(i) procedures for estimating the cost of placed from their predisaster primary resi- (1) IN GENERAL.—Section 406 of the Robert repairing, restoring, reconstructing, or re- T. Stafford Disaster Relief and Emergency placing a facility consistent with industry dences or whose predisaster primary resi- dences are rendered uninhabitable as a result Assistance Act (42 U.S.C. 5172) is amended by practices; and of damage caused by a major disaster. striking subsection (e) and inserting the fol- ‘‘(ii) the ceiling and floor percentages re- ‘‘(2) DETERMINATION OF APPROPRIATE TYPES lowing: ferred to in paragraph (2). OF ASSISTANCE.— ‘‘(e) ELIGIBLE COST.— ‘‘(C) REGULATIONS.—Taking into account the recommendations of the expert panel ‘‘(A) IN GENERAL.—The President shall de- ‘‘(1) DETERMINATION.— termine appropriate types of housing assist- ‘‘(A) IN GENERAL.—For the purposes of this under subparagraph (B), the President shall promulgate regulations that establish— ance to be provided under this section to in- section, the President shall estimate the eli- dividuals and households described in sub- gible cost of repairing, restoring, recon- ‘‘(i) cost estimation procedures described in subparagraph (B)(i); and section (a)(1) based on considerations of cost structing, or replacing a public facility or effectiveness, convenience to the individuals ‘‘(ii) the ceiling and floor percentages re- private nonprofit facility— and households, and such other factors as the ferred to in paragraph (2). ‘‘(i) on the basis of the design of the facil- President may consider appropriate. ‘‘(D) REVIEW BY PRESIDENT.—Not later than ity as the facility existed immediately be- ‘‘(B) MULTIPLE TYPES OF ASSISTANCE.—One 2 years after the date of promulgation of reg- fore the major disaster; and or more types of housing assistance may be ulations under subparagraph (C) and periodi- ‘‘(ii) in conformity with codes, specifica- made available under this section, based on cally thereafter, the President shall review tions, and standards (including floodplain the suitability and availability of the types the cost estimation procedures and the ceil- management and hazard mitigation criteria of assistance, to meet the needs of individ- ing and floor percentages established under required by the President or under the uals and households in the particular dis- this paragraph. Coastal Barrier Resources Act (16 U.S.C. 3501 aster situation. et seq.)) applicable at the time at which the ‘‘(E) REPORT TO CONGRESS.—Not later than ‘‘(c) TYPES OF HOUSING ASSISTANCE.— disaster occurred. 1 year after the date of promulgation of reg- ‘‘(1) TEMPORARY HOUSING.— ‘‘(B) COST ESTIMATION PROCEDURES.— ulations under subparagraph (C), 3 years ‘‘(A) FINANCIAL ASSISTANCE.— ‘‘(i) IN GENERAL.—Subject to paragraph (2), after that date, and at the end of each 2-year ‘‘(i) IN GENERAL.—The President may pro- the President shall use the cost estimation period thereafter, the expert panel shall sub- vide financial assistance to individuals or procedures established under paragraph (3) mit to Congress a report on the appropriate- households to rent alternate housing accom- to determine the eligible cost under this sub- ness of the cost estimation procedures. modations, existing rental units, manufac- section. ‘‘(4) SPECIAL RULE.—In any case in which tured housing, recreational vehicles, or other ‘‘(ii) APPLICABILITY.—The procedures speci- the facility being repaired, restored, recon- readily fabricated dwellings. fied in this paragraph and paragraph (2) shall structed, or replaced under this section was ‘‘(ii) AMOUNT.—The amount of assistance apply only to projects the eligible cost of under construction on the date of the major under clause (i) shall be based on the fair which is equal to or greater than the amount disaster, the cost of repairing, restoring, re- market rent for the accommodation provided specified in section 422. constructing, or replacing the facility shall plus the cost of any transportation, utility ‘‘(2) MODIFICATION OF ELIGIBLE COST.— include, for the purposes of this section, only hookups, or unit installation not provided ‘‘(A) ACTUAL COST GREATER THAN CEILING those costs that, under the contract for the directly by the President. PERCENTAGE OF ESTIMATED COST.—In any case construction, are the owner’s responsibility ‘‘(B) DIRECT ASSISTANCE.— in which the actual cost of repairing, restor- and not the contractor’s responsibility.’’. ‘‘(i) IN GENERAL.—The President may pro- ing, reconstructing, or replacing a facility (2) EFFECTIVE DATE.—The amendment vide temporary housing units, acquired by under this section is greater than the ceiling made by paragraph (1) takes effect on the purchase or lease, directly to individuals or percentage established under paragraph (3) of date of enactment of this Act and applies to households who, because of a lack of avail- the cost estimated under paragraph (1), the funds appropriated after the date of enact- able housing resources, would be unable to President may determine that the eligible ment of this Act, except that paragraph (1) make use of the assistance provided under cost includes a portion of the actual cost of of section 406(e) of the Robert T. Stafford subparagraph (A). the repair, restoration, reconstruction, or re- Disaster Relief and Emergency Assistance ‘‘(ii) PERIOD OF ASSISTANCE.—The President placement that exceeds the cost estimated Act (as amended by paragraph (1)) takes ef- may not provide direct assistance under under paragraph (1). fect on the date on which the cost esti- clause (i) with respect to a major disaster ‘‘(B) ACTUAL COST LESS THAN ESTIMATED mation procedures established under para- after the end of the 18-month period begin- COST.— graph (3) of that section take effect. ning on the date of the declaration of the ‘‘(i) GREATER THAN OR EQUAL TO FLOOR PER- (e) CONFORMING AMENDMENT.—Section 406 major disaster by the President, except that CENTAGE OF ESTIMATED COST.—In any case in of the Robert T. Stafford Disaster Relief and the President may extend that period if the which the actual cost of repairing, restoring, Emergency Assistance Act (42 U.S.C. 5172) is President determines that due to extraor- reconstructing, or replacing a facility under amended by striking subsection (f). dinary circumstances an extension would be this section is less than 100 percent of the SEC. 206. FEDERAL ASSISTANCE TO INDIVIDUALS in the public interest. cost estimated under paragraph (1), but is AND HOUSEHOLDS. ‘‘(iii) COLLECTION OF RENTAL CHARGES.— greater than or equal to the floor percentage (a) IN GENERAL.—Section 408 of the Robert After the end of the 18-month period referred established under paragraph (3) of the cost T. Stafford Disaster Relief and Emergency to in clause (ii), the President may charge estimated under paragraph (1), the State or Assistance Act (42 U.S.C. 5174) is amended to fair market rent for each temporary housing local government or person receiving funds read as follows: unit provided. under this section shall use the excess funds ‘‘SEC. 408. FEDERAL ASSISTANCE TO INDIVID- ‘‘(2) REPAIRS.— to carry out cost-effective activities that re- UALS AND HOUSEHOLDS. ‘‘(A) IN GENERAL.—The President may pro- duce the risk of future damage, hardship, or ‘‘(a) IN GENERAL.— vide financial assistance for— suffering from a major disaster. ‘‘(1) PROVISION OF ASSISTANCE.—In accord- ‘‘(i) the repair of owner-occupied private ‘‘(ii) LESS THAN FLOOR PERCENTAGE OF ESTI- ance with this section, the President, in con- residences, utilities, and residential infra- MATED COST.—In any case in which the ac- sultation with the Governor of a State, may structure (such as a private access route) tual cost of repairing, restoring, recon- provide financial assistance, and, if nec- damaged by a major disaster to a safe and structing, or replacing a facility under this essary, direct services, to individuals and sanitary living or functioning condition; and section is less than the floor percentage es- households in the State who, as a direct re- ‘‘(ii) eligible hazard mitigation measures tablished under paragraph (3) of the cost es- sult of a major disaster, have necessary ex- that reduce the likelihood of future damage timated under paragraph (1), the State or penses and serious needs in cases in which to such residences, utilities, or infrastruc- local government or person receiving assist- the individuals and households are unable to ture. H8668 CONGRESSIONAL RECORD — HOUSE October 3, 2000

‘‘(B) RELATIONSHIP TO OTHER ASSISTANCE.— Administration to accomplish a sale under sumers published by the Department of A recipient of assistance provided under this clause (i). Labor. paragraph shall not be required to show that ‘‘(B) OTHER METHODS OF DISPOSAL.—If not ‘‘(i) RULES AND REGULATIONS.—The Presi- the assistance can be met through other disposed of under subparagraph (A), a tem- dent shall prescribe rules and regulations to means, except insurance proceeds. porary housing unit purchased under this carry out this section, including criteria, ‘‘(C) MAXIMUM AMOUNT OF ASSISTANCE.— section by the President for the purpose of standards, and procedures for determining The amount of assistance provided to a housing disaster victims— eligibility for assistance.’’. household under this paragraph shall not ex- ‘‘(i) may be sold to any person; or (b) CONFORMING AMENDMENT.—Section ceed $5,000, as adjusted annually to reflect ‘‘(ii) may be sold, transferred, donated, or 502(a)(6) of the Robert T. Stafford Disaster changes in the Consumer Price Index for All otherwise made available directly to a State Relief and Emergency Assistance Act (42 Urban Consumers published by the Depart- or other governmental entity or to a vol- U.S.C. 5192(a)(6)) is amended by striking ment of Labor. untary organization for the sole purpose of ‘‘temporary housing’’. ‘‘(3) REPLACEMENT.— providing temporary housing to disaster vic- (c) ELIMINATION OF INDIVIDUAL AND FAMILY ‘‘(A) IN GENERAL.—The President may pro- tims in major disasters and emergencies if, GRANT PROGRAMS.—Section 411 of the Robert vide financial assistance for the replacement as a condition of the sale, transfer, or dona- T. Stafford Disaster Relief and Emergency of owner-occupied private residences dam- tion, the State, other governmental agency, Assistance Act (42 U.S.C. 5178) is repealed. aged by a major disaster. or voluntary organization agrees— (d) EFFECTIVE DATE.—The amendments ‘‘(B) MAXIMUM AMOUNT OF ASSISTANCE.— ‘‘(I) to comply with the nondiscrimination made by this section take effect 18 months The amount of assistance provided to a provisions of section 308; and after the date of enactment of this Act. household under this paragraph shall not ex- ‘‘(II) to obtain and maintain hazard and SEC. 207. COMMUNITY DISASTER LOANS. ceed $10,000, as adjusted annually to reflect flood insurance on the housing unit. Section 417 of the Robert T. Stafford Dis- changes in the Consumer Price Index for All ‘‘(e) FINANCIAL ASSISTANCE TO ADDRESS aster Relief and Emergency Assistance Act Urban Consumers published by the Depart- OTHER NEEDS.— (42 U.S.C. 5184) is amended— ment of Labor. ‘‘(1) MEDICAL, DENTAL, AND FUNERAL EX- (1) by striking ‘‘(a) The President’’ and in- PENSES.—The President, in consultation with ‘‘(C) APPLICABILITY OF FLOOD INSURANCE RE- serting the following: the Governor of a State, may provide finan- QUIREMENT.—With respect to assistance pro- ‘‘(a) IN GENERAL.—The President’’; vided under this paragraph, the President cial assistance under this section to an indi- (2) by striking ‘‘The amount’’ and inserting may not waive any provision of Federal law vidual or household in the State who is ad- the following: versely affected by a major disaster to meet requiring the purchase of flood insurance as ‘‘(b) AMOUNT.—The amount’’; disaster-related medical, dental, and funeral a condition of the receipt of Federal disaster (3) by striking ‘‘Repayment’’ and inserting expenses. assistance. the following: ‘‘(2) PERSONAL PROPERTY, TRANSPORTATION, ‘‘(4) PERMANENT HOUSING CONSTRUCTION.— ‘‘(c) REPAYMENT.— AND OTHER EXPENSES.—The President, in con- The President may provide financial assist- ‘‘(1) CANCELLATION.—Repayment’’; sultation with the Governor of a State, may ance or direct assistance to individuals or (4) by striking ‘‘(b) Any loans’’ and insert- provide financial assistance under this sec- households to construct permanent housing ing the following: tion to an individual or household described in insular areas outside the continental ‘‘(d) EFFECT ON OTHER ASSISTANCE.—Any in paragraph (1) to address personal prop- United States and in other remote locations loans’’; erty, transportation, and other necessary ex- in cases in which— (5) in subsection (b) (as designated by para- penses or serious needs resulting from the ‘‘(A) no alternative housing resources are graph (2))— major disaster. available; and (A) by striking ‘‘and shall’’ and inserting ‘‘(f) STATE ROLE.— ‘‘(B) the types of temporary housing assist- ‘‘shall’’; and ‘‘(1) FINANCIAL ASSISTANCE TO ADDRESS ance described in paragraph (1) are unavail- (B) by inserting before the period at the OTHER NEEDS.— able, infeasible, or not cost-effective. end the following: ‘‘, and shall not exceed ‘‘(A) GRANT TO STATE.—Subject to sub- $5,000,000’’; and ‘‘(d) TERMS AND CONDITIONS RELATING TO section (g), a Governor may request a grant (6) in subsection (c) (as designated by para- HOUSING ASSISTANCE.— from the President to provide financial as- graph (3)), by adding at the end the fol- ‘‘(1) SITES.— sistance to individuals and households in the lowing: ‘‘(A) IN GENERAL.—Any readily fabricated State under subsection (e). ‘‘(2) CONDITION ON CONTINUING ELIGIBILITY.— dwelling provided under this section shall, ‘‘(B) ADMINISTRATIVE COSTS.—A State that A local government shall not be eligible for whenever practicable, be located on a site receives a grant under subparagraph (A) may further assistance under this section during that— expend not more than 5 percent of the any period in which the local government is ‘‘(i) is complete with utilities; and amount of the grant for the administrative in arrears with respect to a required repay- ‘‘(ii) is provided by the State or local gov- costs of providing financial assistance to in- ment of a loan under this section.’’. ernment, by the owner of the site, or by the dividuals and households in the State under SEC. 208. REPORT ON STATE MANAGEMENT OF occupant who was displaced by the major subsection (e). SMALL DISASTERS INITIATIVE. disaster. ‘‘(2) ACCESS TO RECORDS.—In providing as- Not later than 3 years after the date of en- ‘‘(B) SITES PROVIDED BY THE PRESIDENT.—A sistance to individuals and households under actment of this Act, the President shall sub- readily fabricated dwelling may be located this section, the President shall provide for mit to Congress a report describing the re- on a site provided by the President if the the substantial and ongoing involvement of sults of the State Management of Small Dis- President determines that such a site would the States in which the individuals and asters Initiative, including— be more economical or accessible. households are located, including by pro- (1) identification of any administrative or ‘‘(2) DISPOSAL OF UNITS.— viding to the States access to the electronic financial benefits of the initiative; and ‘‘(A) SALE TO OCCUPANTS.— records of individuals and households receiv- (2) recommendations concerning the condi- ‘‘(i) IN GENERAL.—Notwithstanding any ing assistance under this section in order for tions, if any, under which States should be other provision of law, a temporary housing the States to make available any additional allowed the option to administer parts of the unit purchased under this section by the State and local assistance to the individuals assistance program under section 406 of the President for the purpose of housing disaster and households. Robert T. Stafford Disaster Relief and Emer- victims may be sold directly to the indi- ‘‘(g) COST SHARING.— gency Assistance Act (42 U.S.C. 5172). vidual or household who is occupying the ‘‘(1) FEDERAL SHARE.—Except as provided SEC. 209. STUDY REGARDING COST REDUCTION. unit if the individual or household lacks per- in paragraph (2), the Federal share of the Not later than 3 years after the date of en- manent housing. costs eligible to be paid using assistance pro- actment of this Act, the Director of the Con- ‘‘(ii) SALE PRICE.—A sale of a temporary vided under this section shall be 100 percent. gressional Budget Office shall complete a housing unit under clause (i) shall be at a ‘‘(2) FINANCIAL ASSISTANCE TO ADDRESS study estimating the reduction in Federal price that is fair and equitable. OTHER NEEDS.—In the case of financial assist- disaster assistance that has resulted and is ‘‘(iii) DEPOSIT OF PROCEEDS.—Notwith- ance provided under subsection (e)— likely to result from the enactment of this standing any other provision of law, the pro- ‘‘(A) the Federal share shall be 75 percent; Act. ceeds of a sale under clause (i) shall be de- and posited in the appropriate Disaster Relief ‘‘(B) the non-Federal share shall be paid TITLE III—MISCELLANEOUS Fund account. from funds made available by the State. SEC. 301. TECHNICAL CORRECTION OF SHORT ‘‘(iv) HAZARD AND FLOOD INSURANCE.—A ‘‘(h) MAXIMUM AMOUNT OF ASSISTANCE.— TITLE. sale of a temporary housing unit under ‘‘(1) IN GENERAL.—No individual or house- The first section of the Robert T. Stafford clause (i) shall be made on the condition that hold shall receive financial assistance great- Disaster Relief and Emergency Assistance the individual or household purchasing the er than $25,000 under this section with re- Act (42 U.S.C. 5121 note) is amended to read housing unit agrees to obtain and maintain spect to a single major disaster. as follows: hazard and flood insurance on the housing ‘‘(2) ADJUSTMENT OF LIMIT.—The limit es- ‘‘SECTION 1. SHORT TITLE. unit. tablished under paragraph (1) shall be ad- ‘‘This Act may be cited as the ‘Robert T. ‘‘(v) USE OF GSA SERVICES.—The President justed annually to reflect changes in the Stafford Disaster Relief and Emergency As- may use the services of the General Services Consumer Price Index for All Urban Con- sistance Act’.’’. October 3, 2000 CONGRESSIONAL RECORD — HOUSE H8669 SEC. 302. DEFINITIONS. ‘‘(7) Any additional members appointed by complies with the Domestic Terrorism Pre- Section 102 of the Robert T. Stafford Dis- the President. paredness Plan. aster Relief and Emergency Assistance Act ‘‘(c) CHAIRMAN.— ‘‘(12) Identify duplication, fragmentation, (42 U.S.C. 5122) is amended— ‘‘(1) IN GENERAL.—The President shall serve and overlap within Federal terrorism pre- (1) in each of paragraphs (3) and (4), by as the chairman of the Council. paredness programs and eliminate such du- striking ‘‘the Northern’’ and all that follows ‘‘(2) EXECUTIVE CHAIRMAN.—The President plication, fragmentation and overlap. through ‘‘Pacific Islands’’ and inserting ‘‘and may appoint an Executive Chairman of the ‘‘(13) Evaluate Federal emergency response the Commonwealth of the Northern Mariana Council (in this subtitle referred to as the assets and make recommendations regarding Islands’’; ‘Executive Chairman’). The Executive Chair- the organization, need, and geographic loca- (2) by striking paragraph (6) and inserting man shall represent the President as chair- tion of such assets. the following: man of the Council, including in communica- ‘‘(14) Establish general policies regarding ‘‘(6) LOCAL GOVERNMENT.—The term ‘local tions with Congress and State Governors. financial assistance to States based on po- government’ means— ‘‘(3) SENATE CONFIRMATION.—An individual tential risk and threat, response capabilities, ‘‘(A) a county, municipality, city, town, selected to be the Executive Chairman under and ability to achieve the end state of pre- township, local public authority, school dis- paragraph (2) shall be appointed by and with paredness for emergency responders estab- trict, special district, intrastate district, the advice and consent of the Senate, except lished under section 653(b)(1)(D). council of governments (regardless of wheth- that Senate confirmation shall not be re- ‘‘(15) Notify a Federal department or agen- er the council of governments is incor- quired if, on the date of appointment, the in- cy in writing if the Council finds that its porated as a nonprofit corporation under dividual holds a position for which Senate policies are not in compliance with its re- State law), regional or interstate govern- confirmation was required. sponsibilities under the Domestic Terrorism ment entity, or agency or instrumentality of ‘‘(d) FIRST MEETING.—The first meeting of Preparedness Plan. the Council shall be held not later than 90 a local government; ‘‘SEC. 653. DOMESTIC TERRORISM PREPARED- days after the date of the enactment of this ‘‘(B) an Indian tribe or authorized tribal NESS PLAN AND ANNUAL STRATEGY. Act. organization, or Alaska Native village or or- ‘‘(a) DEVELOPMENT OF PLAN.—Not later ganization; and ‘‘SEC. 652. DUTIES OF COUNCIL. than 180 days after the date of the first meet- ‘‘The Council shall carry out the following ‘‘(C) a rural community, unincorporated ing of the Council, the Council shall develop duties: town or village, or other public entity, for a Domestic Terrorism Preparedness Plan and ‘‘(1) Establish the policies, objectives, and transmit a copy of the plan to Congress. which an application for assistance is made priorities of the Federal Government for en- ‘‘(b) CONTENTS.— by a State or political subdivision of a hancing the capabilities of State and local ‘‘(1) IN GENERAL.—The Domestic Terrorism State.’’; and emergency preparedness and response per- Preparedness Plan shall include the fol- (3) in paragraph (9), by inserting ‘‘irriga- sonnel in early detection and warning of and lowing: tion,’’ after ‘‘utility,’’. response to all domestic terrorist attacks, ‘‘(A) A statement of the policies, objec- SEC. 303. FIRE MANAGEMENT ASSISTANCE. including attacks involving weapons of mass tives, and priorities established by the Coun- (a) IN GENERAL.—Section 420 of the Robert destruction. cil under section 652(1). T. Stafford Disaster Relief and Emergency ‘‘(2) Publish a Domestic Terrorism Pre- ‘‘(B) A plan for implementing such poli- Assistance Act (42 U.S.C. 5187) is amended to paredness Plan and an annual strategy for cies, objectives, and priorities that is based read as follows: carrying out the plan in accordance with sec- on a threat, risk, and capability assessment ‘‘SEC. 420. FIRE MANAGEMENT ASSISTANCE. tion 653, including the end state of prepared- and includes measurable objectives to be ‘‘(a) IN GENERAL.—The President is author- ness for emergency responders established achieved in each of the following 5 years for ized to provide assistance, including grants, under section 653(b)(1)(D). enhancing domestic preparedness against a equipment, supplies, and personnel, to any ‘‘(3) To the extent practicable, rely on ex- terrorist attack. State or local government for the mitiga- isting resources (including planning docu- ‘‘(C) A description of the specific role of tion, management, and control of any fire on ments, equipment lists, and program inven- each Federal department and agency, and public or private forest land or grassland tories) in the execution of its duties. the roles of State and local governmental en- that threatens such destruction as would ‘‘(4) Consult with and utilize existing inter- tities, under the plan developed under sub- constitute a major disaster. agency boards and committees, existing gov- paragraph (B). ‘‘(b) COORDINATION WITH STATE AND TRIBAL ernmental entities, and non-governmental ‘‘(D) A definition of an end state of pre- DEPARTMENTS OF FORESTRY.—In providing organizations in the execution of its duties. paredness for emergency responders that sets assistance under this section, the President ‘‘(5) Ensure that a biennial review of the forth measurable, minimum standards of ac- shall coordinate with State and tribal de- terrorist attack preparedness programs of ceptability for preparedness. partments of forestry. State and local governmental entities is con- ‘‘(2) EVALUATION OF FEDERAL RESPONSE ‘‘(c) ESSENTIAL ASSISTANCE.—In providing ducted and provide recommendations to the TEAMS.—In preparing the description under assistance under this section, the President entities based on the reviews. paragraph (1)(C), the Council shall evaluate may use the authority provided under sec- ‘‘(6) Provide for the creation of a State and each Federal response team and the assist- tion 403. local advisory group for the Council, to be ance that the team offers to State and local ‘‘(d) RULES AND REGULATIONS.—The Presi- composed of individuals involved in State emergency personnel when responding to a dent shall prescribe such rules and regula- and local emergency preparedness and re- terrorist attack. The evaluation shall in- tions as are necessary to carry out this sec- sponse to terrorist attacks. clude an assessment of how the Federal re- tion.’’. ‘‘(7) Provide for the establishment by the sponse team will assist State and local emer- (b) EFFECTIVE DATE.—The amendment Council’s State and local advisory group of gency personnel after the personnel has made by subsection (a) takes effect 1 year voluntary guidelines for the terrorist attack achieved the end state of preparedness for after the date of enactment of this Act. preparedness programs of State and local emergency responders established under governmental entities in accordance with SEC. 304. PRESIDENT’S COUNCIL ON DOMESTIC paragraph (1)(D). TERRORISM PREPAREDNESS. section 655. ‘‘(c) ANNUAL STRATEGY.— Title VI of the Robert T. Stafford Disaster ‘‘(8) Designate a Federal entity to consult ‘‘(1) IN GENERAL.—The Council shall de- Relief and Emergency Assistance Act (42 with, and serve as a contact for, State and velop and transmit to Congress, on the date U.S.C. 5195 et seq.) is amended by adding at local governmental entities implementing of transmittal of the Domestic Terrorism the end the following: terrorist attack preparedness programs. Preparedness Plan and, in each of the suc- ‘‘(9) Coordinate and oversee the implemen- ceeding 4 fiscal years, on the date that the ‘‘Subtitle C—President’s Council on Domestic tation by Federal departments and agencies President submits an annual budget to Con- Terrorism Preparedness of the policies, objectives, and priorities es- gress in accordance with section 1105(a) of ‘‘SEC. 651. ESTABLISHMENT OF COUNCIL. tablished under paragraph (1) and the fulfill- title 31, United States Code, an annual strat- ‘‘(a) IN GENERAL.—There is established a ment of the responsibilities of such depart- egy for carrying out the Domestic Terrorism council to be known as the President’s Coun- ments and agencies under the Domestic Ter- Preparedness Plan in the fiscal year fol- cil on Domestic Terrorism Preparedness (in rorism Preparedness Plan. lowing the fiscal year in which the strategy this subtitle referred to as the ‘Council’). ‘‘(10) Make recommendations to the heads is submitted. ‘‘(b) MEMBERSHIP.—The Council shall be of appropriate Federal departments and ‘‘(2) CONTENTS.—The annual strategy for a composed of the following members: agencies regarding— fiscal year shall include the following: ‘‘(1) The President. ‘‘(A) changes in the organization, manage- ‘‘(A) An inventory of Federal training and ‘‘(2) The Director of the Federal Emer- ment, and resource allocations of the depart- exercise programs, response teams, grant gency Management Agency. ments and agencies; and programs, and other programs and activities ‘‘(3) The Attorney General. ‘‘(B) the allocation of personnel to and related to domestic preparedness against a ‘‘(4) The Secretary of Defense. within the departments and agencies, terrorist attack conducted in the preceding ‘‘(5) The Director of the Office of Manage- to implement the Domestic Terrorism Pre- fiscal year and a determination as to wheth- ment and Budget. paredness Plan. er any of such programs or activities may be ‘‘(6) The Assistant to the President for Na- ‘‘(11) Assess all Federal terrorism prepared- duplicative. The inventory shall consist of a tional Security Affairs. ness programs and ensure that each program complete description of each such program H8670 CONGRESSIONAL RECORD — HOUSE October 3, 2000 and activity, including the funding level and providing transportation, and representa- ‘‘(2) use for administrative purposes, on a purpose of and goal to be achieved by the tives of employees of such persons. reimbursable basis, the available services, program or activity. ‘‘(g) MONITORING.—The Council, with the equipment, personnel, and facilities of Fed- ‘‘(B) If the Council determines under sub- assistance of the Inspector General of the eral, State, and local agencies; paragraph (A) that certain programs and ac- relevant Federal department or agency as ‘‘(3) procure the services of experts and tivities are duplicative, a detailed plan for needed, shall monitor the implementation of consultants in accordance with section 3109 consolidating, eliminating, or modifying the the Domestic Terrorism Preparedness Plan, of title 5, United States Code, relating to ap- programs and activities. including conducting program and perform- pointments in the Federal Service, at rates ‘‘(C) An inventory of Federal training and ance audits and evaluations. of compensation for individuals not to ex- exercise programs, grant programs, response ‘‘SEC. 654. NATIONAL DOMESTIC PREPAREDNESS ceed the daily equivalent of the rate of pay teams, and other programs and activities to BUDGET. payable for GS–18 of the General Schedule be conducted in such fiscal year under the ‘‘(a) RECOMMENDATIONS REGARDING RE- under section 5332 of title 5, United States Domestic Terrorism Preparedness Plan and SOURCE ALLOCATIONS.— Code; measurable objectives to be achieved in such ‘‘(1) TRANSMITTAL TO COUNCIL.—Each Fed- ‘‘(4) accept and use donations of property fiscal year for enhancing domestic prepared- eral Government program manager, agency from Federal, State, and local government ness against a terrorist attack. The inven- head, and department head with responsibil- agencies; tory shall provide for implementation of any ities under the Domestic Terrorism Pre- ‘‘(5) use the mails in the same manner as plan developed under subparagraph (B), re- paredness Plan shall transmit to the Council any other department or agency of the exec- lating to duplicative programs and activi- for each fiscal year recommended resource utive branch; and ties. allocations for programs and activities relat- ‘‘(6) request the assistance of the Inspector ‘‘(D) A complete assessment of how re- ing to such responsibilities on or before the General of a Federal department or agency source allocation recommendations devel- earlier of— in conducting audits and evaluations under oped under section 654(a) are intended to im- ‘‘(A) the 45th day before the date of the section 653(g). plement the annual strategy. budget submission of the department or ‘‘SEC. 657. ROLE OF COUNCIL IN NATIONAL SECU- ‘‘(d) CONSULTATION.— agency to the Director of the Office of Man- RITY COUNCIL EFFORTS. ‘‘(1) IN GENERAL.—In developing the Do- agement and Budget for the fiscal year; or ‘‘The Council may, in the Council’s role as mestic Terrorism Preparedness Plan and ‘‘(B) August 15 of the fiscal year preceding principal adviser to the National Security each annual strategy for carrying out the the fiscal year for which the recommenda- Council on Federal efforts to assist State plan, the Council shall consult with— tions are being made. and local governmental entities in domestic ‘‘(A) the head of each Federal department ‘‘(2) TRANSMITTAL TO THE OFFICE OF MAN- terrorist attack preparedness matters, and and agency that will have responsibilities AGEMENT AND BUDGET.—The Council shall de- subject to the direction of the President, at- under the Domestic Terrorism Preparedness velop for each fiscal year recommendations tend and participate in meetings of the Na- Plan or annual strategy; regarding resource allocations for each pro- tional Security Council. The Council may, ‘‘(B) Congress; gram and activity identified in the annual subject to the direction of the President, ‘‘(C) State and local officials; strategy completed under section 653 for the participate in the National Security Coun- ‘‘(D) congressionally authorized panels; fiscal year. Such recommendations shall be cil’s working group structure. and submitted to the relevant departments and ‘‘SEC. 658. EXECUTIVE DIRECTOR AND STAFF OF ‘‘(E) emergency preparedness organizations agencies and to the Director of the Office of COUNCIL. with memberships that include State and Management and Budget. The Director of the ‘‘(a) EXECUTIVE DIRECTOR.—The Council local emergency responders. Office of Management and Budget shall con- shall have an Executive Director who shall ‘‘(2) REPORTS.—As part of the Domestic sider such recommendations in formulating be appointed by the President. Terrorism Preparedness Plan and each an- the annual budget of the President sub- ‘‘(b) STAFF.—The Executive Director may nual strategy for carrying out the plan, the mitted to Congress under section 1105(a) of appoint such personnel as the Executive Di- Council shall include a written statement in- title 31, United States Code, and shall pro- rector considers appropriate. Such personnel dicating the persons consulted under this vide to the Council a written explanation in shall be assigned to the Council on a full- subsection and the recommendations made any case in which the Director does not ac- time basis and shall report to the Executive by such persons. cept such a recommendation. Director. ‘‘(e) TRANSMISSION OF CLASSIFIED INFORMA- ‘‘(3) RECORDS.—The Council shall maintain ‘‘(c) ADMINISTRATIVE SUPPORT SERVICES.— TION.—Any part of the Domestic Terrorism records regarding recommendations made The Executive Office of the President shall Preparedness Plan or an annual strategy for and written explanations received under provide to the Council, on a reimbursable carrying out the plan that involves informa- paragraph (2) and shall provide such records basis, such administrative support services, tion properly classified under criteria estab- to Congress upon request. The Council may including office space, as the Council may lished by an Executive order shall be pre- not fulfill such a request before the date of request. submission of the relevant annual budget of sented to Congress separately. ‘‘SEC. 659. COORDINATION WITH EXECUTIVE ‘‘(f) RISK OF TERRORIST ATTACKS AGAINST the President to Congress under section BRANCH DEPARTMENTS AND AGEN- TRANSPORTATION FACILITIES.— 1105(a) of title 31, United States Code. CIES. ‘‘(1) IN GENERAL.—In developing the plan ‘‘(4) NEW PROGRAMS OR REALLOCATION OF ‘‘(a) REQUESTS FOR ASSISTANCE.—The head and risk assessment under subsection (b), the RESOURCES.—The head of a Federal depart- of each Federal department and agency with Council shall designate an entity to assess ment or agency shall consult with the Coun- responsibilities under the Domestic Ter- the risk of terrorist attacks against trans- cil before acting to enhance the capabilities rorism Preparedness Plan shall cooperate portation facilities, personnel, and pas- of State and local emergency preparedness with the Council and, subject to laws gov- sengers. and response personnel with respect to ter- erning disclosure of information, provide ‘‘(2) CONTENTS.—In developing the plan and rorist attacks by— such assistance, information, and advice as risk assessment under subsection (b), the ‘‘(A) establishing a new program or office; the Council may request. Council shall ensure that the following three or ‘‘(b) CERTIFICATION OF POLICY CHANGES BY tasks are accomplished: ‘‘(B) reallocating resources, including Fed- COUNCIL.— ‘‘(A) An examination of the extent to eral response teams. ‘‘(1) IN GENERAL.—The head of each Federal which transportation facilities, personnel, ‘‘SEC. 655. VOLUNTARY GUIDELINES FOR STATE department and agency with responsibilities and passengers have been the target of ter- AND LOCAL PROGRAMS. under the Domestic Terrorism Preparedness rorist attacks and the extent to which such ‘‘The Council shall provide for the estab- Plan shall, unless exigent circumstances re- facilities, personnel, and passengers are vul- lishment of voluntary guidelines for the ter- quire otherwise, notify the Council in writ- nerable to such attacks. rorist attack preparedness programs of State ing regarding any proposed change in poli- ‘‘(B) An evaluation of Federal laws that and local governmental entities for the pur- cies relating to the activities of such depart- can be used to combat terrorist attacks pose of providing guidance in the develop- ment or agency under the Domestic Ter- against transportation facilities, personnel, ment and implementation of such programs. rorism Preparedness Plan prior to implemen- and passengers, and the extent to which such The guidelines shall address equipment, ex- tation of such change. The Council shall laws are enforced. The evaluation may also ercises, and training and shall establish a de- promptly review such proposed change and include a review of applicable State laws. sired threshold level of preparedness for certify to the department or agency head in ‘‘(C) An evaluation of available tech- State and local emergency responders. writing whether such change is consistent nologies and practices to determine the best ‘‘SEC. 656. POWERS OF COUNCIL. with the Domestic Terrorism Preparedness means of protecting transportation facili- ‘‘In carrying out this subtitle, the Council Plan. ties, personnel, and passengers against ter- may— ‘‘(2) NOTICE IN EXIGENT CIRCUMSTANCES.—If rorist attacks. ‘‘(1) direct, with the concurrence of the prior notice of a proposed change under para- ‘‘(3) CONSULTATION.—In developing the plan Secretary of a department or head of an graph (1) is not possible, the department or and risk assessment under subsection (b), the agency, the temporary reassignment within agency head shall notify the Council as soon Council shall consult with the Secretary of the Federal Government of personnel em- as practicable. The Council shall review such Transportation, representatives of persons ployed by such department or agency; change and certify to the department or October 3, 2000 CONGRESSIONAL RECORD — HOUSE H8671

agency head in writing whether such change forming official duties of the Agency in an (c) REVISION OF FLOOD INSURANCE RATE LOT is consistent with the Domestic Terrorism area, if those official duties— MAPS.—As soon as practicable after the date Preparedness Plan. ‘‘(i) are related to a major disaster or of enactment of this Act, the Director of the ‘‘SEC. 660. AUTHORIZATION OF APPROPRIATIONS. emergency that has been, or is later, de- Federal Emergency Management Agency ‘‘There is authorized to be appropriated to clared to exist with respect to the area under shall revise the appropriate flood insurance carry out this subtitle $9,000,000 for fiscal the Robert T. Stafford Disaster Relief and rate lot maps of the agency to reflect the year 2001 and such sums as may be necessary Emergency Assistance Act (42 U.S.C. 5121 et treatment under subsection (a) of the real for each of fiscal years 2002 through 2005. seq.); and property described in subsection (b). Such sums shall remain available until ex- ‘‘(ii) are determined by the Director of the SEC. 309. STUDY OF PARTICIPATION BY INDIAN pended.’’. Federal Emergency Management Agency to TRIBES IN EMERGENCY MANAGE- SEC. 305. DISASTER GRANT CLOSEOUT PROCE- be hazardous duties; or MENT. DURES. ‘‘(C) an employee of a State, local, or tribal (a) DEFINITION OF INDIAN TRIBE.—In this Title VII of the Robert T. Stafford Disaster emergency management or civil defense section, the term ‘‘Indian tribe’’ has the Relief and Emergency Assistance Act (42 agency who is performing official duties in meaning given the term in section 4 of the U.S.C. 5101 et seq.) is amended by adding at cooperation with the Federal Emergency Indian Self-Determination and Education the end the following: Management Agency in an area, if those offi- Assistance Act (25 U.S.C. 450b). ‘‘SEC. 705. DISASTER GRANT CLOSEOUT PROCE- cial duties— (b) STUDY.— DURES. ‘‘(i) are related to a major disaster or (1) IN GENERAL.—The Director of the Fed- ‘‘(a) STATUTE OF LIMITATIONS.— emergency that has been, or is later, de- eral Emergency Management Agency shall ‘‘(1) IN GENERAL.—Except as provided in clared to exist with respect to the area under conduct a study of participation by Indian paragraph (2), no administrative action to the Robert T. Stafford Disaster Relief and tribes in emergency management. recover any payment made to a State or Emergency Assistance Act (42 U.S.C. 5121 et (2) REQUIRED ELEMENTS.—The study shall— local government for disaster or emergency seq.); and (A) survey participation by Indian tribes in assistance under this Act shall be initiated ‘‘(ii) are determined by the head of the training, predisaster and postdisaster miti- in any forum after the date that is 3 years agency to be hazardous duties.’’. gation, disaster preparedness, and disaster after the date of transmission of the final ex- (b) EFFECTIVE DATE.—The amendment recovery programs at the Federal and State penditure report for the disaster or emer- made by subsection (a) applies only to em- levels; and gency. ployees described in subparagraphs (B) and (B) review and assess the capacity of In- ‘‘(2) FRAUD EXCEPTION.—The limitation (C) of section 1204(7) of the Omnibus Crime dian tribes to participate in cost-shared under paragraph (1) shall apply unless there Control and Safe Streets Act of 1968 (as emergency management programs and to is evidence of civil or criminal fraud. amended by subsection (a)) who are injured participate in the management of the pro- ‘‘(b) REBUTTAL OF PRESUMPTION OF RECORD or who die in the line of duty on or after the grams. MAINTENANCE.— date of enactment of this Act. (3) CONSULTATION.—In conducting the ‘‘(1) IN GENERAL.—In any dispute arising SEC. 307. BUY AMERICAN. study, the Director shall consult with Indian under this section after the date that is 3 (a) COMPLIANCE WITH BUY AMERICAN ACT.— tribes. years after the date of transmission of the No funds authorized to be appropriated under (c) REPORT.—Not later than 1 year after final expenditure report for the disaster or this Act or any amendment made by this Act the date of enactment of this Act, the Direc- emergency, there shall be a presumption may be expended by an entity unless the en- tor shall submit a report on the study under that accounting records were maintained tity, in expending the funds, complies with subsection (b) to— that adequately identify the source and ap- the Buy American Act (41 U.S.C. 10a et seq.). (1) the Committee on Environment and plication of funds provided for financially as- (b) DEBARMENT OF PERSONS CONVICTED OF Public Works of the Senate; sisted activities. FRAUDULENT USE OF ‘‘MADE IN AMERICA’’ LA- (2) the Committee on Transportation and ‘‘(2) AFFIRMATIVE EVIDENCE.—The presump- BELS.— Infrastructure of the House of Representa- tion described in paragraph (1) may be rebut- (1) IN GENERAL.—If the Director of the Fed- tives; ted only on production of affirmative evi- eral Emergency Management Agency deter- (3) the Committee on Appropriations of the dence that the State or local government did mines that a person has been convicted of in- Senate; and not maintain documentation described in tentionally affixing a label bearing a ‘‘Made (4) the Committee on Appropriations of the that paragraph. in America’’ inscription to any product sold House of Representatives. ‘‘(3) INABILITY TO PRODUCE DOCUMENTA- in or shipped to the United States that is not The SPEAKER pro tempore. Pursu- TION.—The inability of the Federal, State, or made in America, the Director shall deter- local government to produce source docu- ant to the rule, the gentlewoman from mine, not later than 90 days after deter- mentation supporting expenditure reports Florida (Mrs. FOWLER) and the gen- mining that the person has been so con- later than 3 years after the date of trans- tleman from Minnesota (Mr. OBERSTAR) victed, whether the person should be mission of the final expenditure report shall each will control 20 minutes. debarred from contracting under the Robert not constitute evidence to rebut the pre- T. Stafford Disaster Relief and Emergency The Chair recognizes the gentle- sumption described in paragraph (1). Assistance Act (42 U.S.C. 5121 et seq.). woman from Florida (Mrs. FOWLER). ‘‘(4) RIGHT OF ACCESS.—The period during (2) DEFINITION OF DEBAR.—In this sub- Mrs. FOWLER. Madam Speaker, I which the Federal, State, or local govern- section, the term ‘‘debar’’ has the meaning yield myself such time as I may con- ment has the right to access source docu- given the term in section 2393(c) of title 10, mentation shall not be limited to the re- sume. United States Code. quired 3-year retention period referred to in In 1998, the State of Florida endured paragraph (3), but shall last as long as the SEC. 308. TREATMENT OF CERTAIN REAL PROP- one of the most tragic natural disas- records are maintained. ERTY. ters, wildfires. Over 2,000 wildfires ‘‘(c) BINDING NATURE OF GRANT REQUIRE- (a) IN GENERAL.—Notwithstanding the Na- burned Statewide and every county in MENTS.—A State or local government shall tional Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.), the Flood Disaster Protection Florida felt the impact. When the not be liable for reimbursement or any other smoke cleared, over half a million penalty for any payment made under this Act of 1973 (42 U.S.C. 4002 et seq.), or any Act if— other provision of law, or any flood risk zone acres had been burned, numerous busi- ‘‘(1) the payment was authorized by an ap- identified, delineated, or established under nesses were wiped out and over 300 proved agreement specifying the costs; any such law (by flood insurance rate map or homes were significantly damaged or ‘‘(2) the costs were reasonable; and otherwise), the real property described in completely destroyed. ‘‘(3) the purpose of the grant was accom- subsection (b) shall not be considered to be, Three hundred homes. It is hard to plished.’’. or to have been, located in any area having imagine what that means unless one of SEC. 306. PUBLIC SAFETY OFFICER BENEFITS special flood hazards (including any those homes is yours. I would like to FOR CERTAIN FEDERAL AND STATE floodway or floodplain). EMPLOYEES. (b) REAL PROPERTY.—The real property de- relate a story about one of my con- (a) IN GENERAL.—Section 1204 of the Omni- scribed in this subsection is all land and im- stituents who lived in one of those bus Crime Control and Safe Streets Act of provements on the land located in the Maple houses. 1968 (42 U.S.C. 3796b) is amended by striking Terrace Subdivisions in the city of Syca- Greg Westin is a resident of Flagler paragraph (7) and inserting the following: more, DeKalb County, Illinois, including— County and a deputy sheriff. In July of ‘‘(7) ‘public safety officer’ means— (1) Maple Terrace Phase I; 1998, Deputy Westin left his home for ‘‘(A) an individual serving a public agency (2) Maple Terrace Phase II; work at 7 a.m. to help county officials in an official capacity, with or without com- (3) Maple Terrace Phase III Unit 1; and firefighters battle the ongoing pensation, as a law enforcement officer, as a (4) Maple Terrace Phase III Unit 2; firefighter, or as a member of a rescue squad (5) Maple Terrace Phase III Unit 3; fires. Throughout the day, Deputy or ambulance crew; (6) Maple Terrace Phase IV Unit 1; Westin stayed in close contact with his ‘‘(B) an employee of the Federal Emer- (7) Maple Terrace Phase IV Unit 2; and wife and two children to give them up- gency Management Agency who is per- (8) Maple Terrace Phase IV Unit 3. dates on the fires. Then eventually he H8672 CONGRESSIONAL RECORD — HOUSE October 3, 2000 had to tell his own family to evacuate. for his continued counsel and support. we do other entities. Certain facilities But despite his own home being in He has really taken the time to listen such as custodial care for aged or dis- peril, Deputy Westin did not give up. to these issues, to learn the details abled, homeless shelters, senior citi- He continued to fight the fires on the when it was necessary and to really zens centers, community centers, mu- opposite side of the county. In fact, he work with me on this very important, seums, and libraries are less eligible was working side by side with fire- crucial issue to all Americans. I would for direct Federal assistance while pri- fighters in the southern part of Flagler also like to thank the chairman of the vate utilities and irrigation districts County when his own home caught fire committee the gentleman from Penn- have a different standing. It is not a and burned to the ground. sylvania (Mr. SHUSTER) for his advice fatal flaw in the bill, not one that I applaud Deputy Westin’s heroic and support. As the record shows, in would cause me to oppose it but one dedication and efforts. But more than the last 6 years the gentleman from that I hope can be revisited and sub- that, I want to help him and all of the Pennsylvania has been an extraor- stantially fixed in the future. other people who suffer the devastation dinarily effective and successful legis- The second portion that the gentle- of and who respond to these emer- lator. I thank him, also, for his support woman has added to this legislation is gencies. regarding this bill. the establishment of a President’s This resolution will send to the other This legislation will help alleviate Council on Domestic Terrorism and body a bill that could have spared the the pain and suffering and property Preparedness within the Executive Of- State, my district and people like Greg damage not only of Floridians but of fice of the President. The gentlewoman Westin from some of this devastation. all Americans. It also has the added has, as I said, again devoted tireless The House originally passed H.R. 707 benefit of reducing our Federal disaster hours and very deep personal convic- by an overwhelming vote on March 5, costs. In addition, this resolution will tion, which I greatly respect and I 1999. The other body passed an amend- make an important step toward orga- want this body to understand and I ed version this past July. This resolu- nizing the Federal programs designed want the other body to understand this tion reflects provisions negotiated with to prepare our emergency responders to as well. This is not something that she the other body over the last few face the consequences of terrorist at- has undertaken as a gesture but as a months. tacks. matter of very deep conviction. I have The resulting language addresses two Madam Speaker, I urge support for been greatly persuaded by her activ- separate needs: First, it increases this resolution. ism, by her profound self-assurance spending authority for projects that Madam Speaker, I reserve the bal- based on case studies, careful analysis help prevent damage from disasters, ance of my time. of the situation and the failure of the like elevating structures in the flood Mr. OBERSTAR. Madam Speaker, I existing system to perform as we in- plain or conducting preventive burns in yield myself such time as I may con- tended. fire hazard areas so that we focus on sume. I do support the initiative of the I rise in support of H.R. 707, the Dis- protecting American lives and homes. President’s council. I have worked to aster Mitigation Act of 2000, the second Second, it adopts measures that mediate between the subcommittee time that we have had to take up this would modify and streamline the cur- and the Office of Management and legislation in this body. This legisla- rent postdisaster assistance program so Budget and White House staff. I think tion represents tireless work on the that we will reduce Federal disaster as- under the circumstances this is a part of the gentlewoman from Florida sistance costs without adversely affect- sound, reasonable, responsible initia- who has given exhausting hours of her ing disaster victims. tive. As the gentlewoman has said to There is one section of this bill, sec- time to fashion a bill that will be effec- me in years to come after she enters tion 304, that we did not have time to tive and that will respond to the con- retirement, she does not want to look come to complete agreement on with cerns that she has already laid out so back on a tragedy and say, ‘‘That could the other body. This section estab- well, not only in Florida but elsewhere have been prevented. I could have done lishes the President’s Council on Do- around this country. The cooperative something while I was in Congress.’’ mestic Terrorism Preparedness in the work that she has undertaken with our She is doing something, Madam Speak- Executive Office of the President. This ranking member, the gentleman from er. She is doing something of great sub- section is identical to section 9 of H.R. Ohio (Mr. TRAFICANT), has been exem- stance and of lasting value. I hope that 4210 which passed the House by a unan- plary; and I appreciate the many visits the other body will concur in this ini- imous vote on July 25, 2000. that we have had about this and about tiative. This is an important provision. We the terrorism commission legislation now live in a world where a small which I will address in a moment. Madam Speaker, I reserve the bal- group of individuals can kill or injure The benefits of the disaster mitiga- ance of my time. hundreds, even thousands of people tion bill are that first of all it estab- Mrs. FOWLER. Madam Speaker, I with such weapons as anthrax, nerve lishes a predisaster mitigation program yield myself such time as I may con- gas, or a truckload of readily available based on the very effective Project Im- sume, and I yield to the gentleman explosives. This section will coordinate pact initiative. This is the first time from Minnesota (Mr. OBERSTAR) for the the hundreds of terrorism preparedness that we will be attempting at the Fed- purpose of a colloquy. programs currently run by over 40 eral level to address problems before Mr. OBERSTAR. Mr. Speaker, I agencies in the Federal Government. they occur. I think properly so, be- thank the gentlewoman for yielding. The council is not an operational en- cause if we address problems that we The amendment adopted by this reso- tity. Rather, the council will set out have learned cause increased losses, we lution would change the definition of and oversee the implementation of a can avoid those losses in future disas- ‘‘private nonprofit facility’’ and ‘‘crit- coherent governmentwide policy. Last ters that we know are likely to occur. ical services’’ regarding irrigation fa- week, a congressionally commissioned These initiatives, rather modest in this cilities. I would like the gentlewoman bipartisan panel, the Advisory Panel to bill, will translate into millions of dol- to explain the intention of these Assess Domestic Response Capabilities lars of savings. changes. for Terrorism Involving Weapons of There is, however, one concern I have Mrs. FOWLER. Reclaiming my time, Mass Destruction, known as the Gil- about the legislation, and, that is, both the intention of the amendment is to more-Bremer Commission, unani- House and Senate bills require non- eliminate confusion over the current mously recommended that a single profit entities to seek loans from the law. Irrigation facilities should be eli- White House level office be established Small Business Administration as a gible for Federal assistance to the ex- to coordinate terrorism preparedness precondition, a normal requirement of tent that they provide water for essen- efforts. That is precisely what section disaster legislation. But these non- tial services of a governmental nature 304 will do. profits are singled out not for what to the general public. This is water for I would like to thank the ranking they do but for who they are. They other than agriculture, such as fire member of the full committee the gen- should not be discriminated against in suppression, generating and supplying tleman from Minnesota (Mr. OBERSTAR) this fashion. We ought to treat them as electricity and drinking water supply. October 3, 2000 CONGRESSIONAL RECORD — HOUSE H8673 Facilities providing essential serv- ‘‘Integrating the nation’s ability to effec- bill (H.R. 5178) to require changes in ices such as these could be fully eligi- tively and simultaneously conduct concur- the bloodborne pathogens standard in ble for assistance. However, since fa- rent law enforcement and consequence man- effect under the Occupational Safety agement operations is a key element of na- cilities exclusively providing agricul- tional preparedness. Terrorism events re- and Health Act of 1970, as amended. tural water supply are not eligible for quire these two distinct elements be inte- The Clerk read as follows: assistance, where facilities provide grated with multiple disciplines, including H.R. 5178 both types of service, eligibility for as- the military, and levels of government into a Be it enacted by the Senate and House of Rep- sistance should be determined on a pro- single response structure.’’ resentatives of the United States of America in rated basis. An irrigation facility, like ‘‘It is critical that we be able to ‘operate as Congress assembled, all private nonprofit facilities eligible one,’ within different levels of responsibility, SECTION 1. SHORT TITLE. ranging from the emergency first-response for assistance, should not be considered This Act may be cited as the ‘‘Needlestick community to elected officials, whether at Safety and Prevention Act.’’ ineligible for assistance simply because the local, state or federal levels,’’ governor SEC. 2. FINDINGS. it is located on private property. Gilmore said, ‘‘Currently, we do not have The Congress finds the following: Mr. OBERSTAR. I thank the gentle- such a focused, coordinated mechanism. (1) Numerous workers who are occupation- Some federal agencies have good plans and woman for her clarification and expla- ally exposed to bloodborne pathogens have operational strategies, but there is little or nation. contracted fatal and other serious viruses no strategic guidance because there is no one Mrs. FOWLER. Madam Speaker, I and diseases, including the human immuno- wish to extend my thanks to all the agency or entity in charge. That needs to change, and quickly.’’ deficiency virus (HIV), hepatitis B, and hepa- committee and subcommittee per- Members of the Panel include retired Lt. titis C from exposure to blood and other po- sonnel on both the majority and minor- Gen. James Clapper, Jr., former Director, tentially infectious materials in their work- ity side who have spent so much time Defense Intelligence Agency; L. Paul Bremer place. and effort in working this resolution III, former State Department ambassador-at- (2) In 1991 the Occupational Safety and Health Administration issued a standard reg- out. large for counter-terrorism; Dr. Richard Falkenrath, Harvard University Kennedy ulating occupational exposure to bloodborne Madam Speaker, I include the fol- pathogens, including the human immuno- lowing statement of Virginia Governor, School of Government; James Greenleaf, former Assistant Director, FBI; retired Maj. deficiency virus, (HIV), the hepatitis B virus James Gilmore, on behalf of the con- Gen. William Garrison, former commander, (HBV), and the hepatitis C virus (HCV). gressionally authorized bipartisan Ad- U.S. Army Special Operations; Dr. Ken (3) Compliance with the bloodborne patho- visory Panel to Assess Domestic Re- Shine, President, National Institute of Medi- gens standard has significantly reduced the sponse Capabilities for Terrorism In- cine; John O. Marsh, former Secretary of the risk that workers will contract a bloodborne volving Weapons of Mass Destruction Army, and other state, local and nationally disease in the course of their work. (4) Nevertheless, occupational exposure to for the RECORD: recognized experts in emergency manage- ment, law enforcement, fire and rescue oper- bloodborne pathogens from accidental sharps NATIONAL TERRORISM PANEL CALLS FOR ations, and public health. injuries in health care settings continues to WHITE HOUSE TERRORISM MANAGEMENT OF- Panel activities for 2000 will focus on a sur- be a serious problem. In March 2000, the Cen- FICE vey of local and state emergency manage- ters for Disease Control and Prevention esti- GOVERNOR GILMORE PANEL, CALL FOR ‘‘SWEEP- ment and response officials; a thorough re- mated that more than 380,000 percutaneous ING CHANGES’’ TO ADDRESS NATIONAL TER- view of federal programs; interviews with injuries from contaminated sharps occur an- RORISM PREPAREDNESS federal, state, and local officials, including nually among health care workers in United RICHMOND, VA.—Governor Jim Gilmore, elected leaders, on their concerns and rec- States hospital settings. Estimates for all chairman of a national panel that is assess- ommendations; case studies, and an analysis health care settings are that 600,000 to 800,000 ing U.S. preparedness for a terrorist attack of training standards, equipment, notifica- needlestick and other percutaneous injuries inside U.S. borders, today announced the tion procedures, communications; and plan- occur among health care workers annually. panel’s consensus that a single federal entity ning. Such injuries can involve needles or other within the White House be given overall au- Mrs. FOWLER. Madam Speaker, I sharps contaminated with bloodborne patho- thority for the planning and coordination of yield back the balance of my time. gens, such as HIV, HBV, or HCV. the nation’s preparedness for the con- Mr. OBERSTAR. Madam Speaker, I (5) Since publication of the bloodborne sequences of a domestic terrorist strike. have no requests for time, and I yield pathogens standard in 1991 there has been a ‘‘The issue of who-is-in-charge at the fed- substantial increase in the number and as- back the balance of my time. sortment of effective engineering controls eral level is one of the key questions that The SPEAKER pro tempore. The must be addressed in order to develop a sen- available to employers. There is now a large sible, comprehensive national policy on how question is on the motion offered by body of research and data concerning the ef- we can best respond to, and recover from, a the gentlewoman from Florida (Mrs. fectiveness of newer engineering controls, in- terrorist attack inside our borders. Today, FOWLER) that the House suspend the cluding safer medical devices. the panel agreed that at the forefront of rules and agree to the resolution, (6) 396 interested parties responded to a Re- sweeping changes to the way America pre- House Resolution 607. quest for Information (in this section re- vents as well as deals with a terrorist attack The question was taken; and (two- ferred to as the ‘‘RFI’’) conducted by the Oc- on U.S. soil is the establishment of a White thirds having voted in favor thereof) cupational Safety and Health Administra- House-level Office of Domestic Preparedness the rules were suspended and the reso- tion in 1998 on engineering and work practice controls used to eliminate or minimize the for Terrorism Management,’’ said Governor lution was agreed to. Gilmore. risk of occupational exposure to bloodborne Governor Gilmore is chairman of the com- A motion to reconsider was laid on pathogens due to percutaneous injuries from mission known as the Congressional Advi- the table. contaminated sharps. Comments were pro- sory Panel to Assess Domestic Response Ca- f vided by health care facilities, groups rep- pabilities for Terrorism Involving Weapons b resenting healthcare workers, researchers, of Mass Destruction. The panel is in the 1600 educational institutions, professional and in- process of recommending a federal, state and GENERAL LEAVE dustry associations, and manufacturers of medical devices. local response and recovery strategy to be Mrs. FOWLER. Madam Speaker, I submitted to the President and Congress in (7) Numerous studies have demonstrated two final reports, the first due December 15, ask unanimous consent that all Mem- that the use of safer medical devices, such as 2000. The panel will offer its final report in bers may have 5 legislative days within needleless systems and sharps with engi- December 2001. A copy of the first report can which to revise and extend their re- neered sharps injury protections, when they be found at www.rand.org/organization/nard/ marks on H. Res. 607. are part of an overall bloodborne pathogens terrpanel. The SPEAKER pro tempore (Mrs. risk-reduction program, can be extremely ef- The panel began two days of meetings in MORELLA). Is there objection to the re- fective in reducing accidental sharps inju- Richmond today. Governor Gilmore was ap- quest of the gentlewoman from Flor- ries. pointed chairman in April 1999 of the panel. ida? (8) In March 2000, the Centers for Disease As it did in the first report, the panel’s De- There was no objection. Control and Prevention estimated that, de- cember 2000 report is expected to further re- pending on the type of device used and the iterate its call for a clear, comprehensive na- f procedure involved, 62 to 88 percent of sharps tional strategy, especially one that takes NEEDLESTICK SAFETY AND injuries can potentially be prevented by the into account the broad range of disaster-re- PREVENTION ACT use of safer medical devices. sponse experience of state and local first-re- (9) The OSHA 200 Log, as it is currently sponders—fire, police, health and medical, Mr. BALLENGER. Mr. Speaker, I maintained, does not sufficiently reflect in- emergency managers. move to suspend the rules and pass the juries that may involve exposure to H8674 CONGRESSIONAL RECORD — HOUSE October 3, 2000 bloodborne pathogens in healthcare facili- tained for the period required by 29 C.F.R. (Mr. OWENS), on this bill, and thank ties. More than 98 percent of healthcare fa- 1904.6. him for his support and sponsorship. cilities responding to the RFI have adopted (6) The following new section shall be This bill represents the consensus surveillance systems in addition to the added to the bloodborne pathogens standard: agreement of many groups, from hos- OSHA 200 Log. Information gathered through ‘‘An employer, who is required to establish these surveillance systems is commonly used an Exposure Control Plan shall solicit input pitals to nurses to health care workers for hazard identification and evaluation of from non-managerial employees responsible to industry. I know there are com- program and device effectiveness. for direct patient care who are potentially promises that have gone into this ef- (10) Training and education in the use of exposed to injuries from contaminated fort. I want to commend all those who safer medical devices and safer work prac- sharps in the identification, evaluation, and have been involved in this work and tices are significant elements in the preven- selection of effective engineering and work who helped bring us here today. tion of percutaneous exposure incidents. practice controls and shall document the so- I want to thank the gentleman from Staff involvement in the device selection and licitation in the Exposure Control Plan.’’. Pennsylvania (Chairman GOODLING) for evaluation process is also an important ele- SEC. 4. EFFECT OF MODIFICATIONS. his support of this bill, and also take ment to achieving a reduction in sharps inju- The modifications under section 3 shall be another opportunity to acknowledge ries, particularly as new safer devices are in- in force until superseded in whole or in part troduced into the work setting. by regulations promulgated by the Secretary his distinguished service as chairman (11) Modification of the bloodborne patho- of Labor under section 6(b) of the Occupa- of our committee and for his leadership gens standard is appropriate to set forth in tional Safety and Health Act of 1970 (29 on so many workforce issues. greater detail its requirement that employ- U.S.C. 655(b)) and shall be enforced in the I also want to acknowledge my col- ers identify, evaluate, and make use of effec- same manner and to the same extent as any leagues from the other body, Senators tive safer medical devices. rule or regulation promulgated under section JEFFORDS, ENZI, KENNEDY and REID, for SEC. 3. BLOODBORNE PATHOGENS STANDARD. 6(b). their work on this important work- The bloodborne pathogens standard pub- SEC. 5. PROCEDURE AND EFFECTIVE DATE. place safety issue. On matters related lished at 29 C.F.R. 1910.1030 shall be revised (a) PROCEDURE.—The modifications of the as follows: to the Occupational Safety and Health bloodborne pathogens standard prescribed by Administration, it is not often that I (1) The definition of ‘‘Engineering Con- section 3 shall take effect without regard to trols’’ (at 29 C.F.R. 1910.1030(b)) shall include the procedural requirements applicable to find myself in such company. However, as additional examples of controls the fol- regulations promulgated under section 6(b) as we have all learned of the important lowing: ‘‘safer medical devices, such as of the Occupational Safety and Health Act of basic public health issue at the heart of sharps with engineered sharps injury protec- 1970 (29 U.S.C. 655(b)) or the procedural re- this bill, it was apparent the oppor- tions and needleless systems’’. quirements of chapter 5 of title 5, United tunity to work together and advance (2) The term ‘‘Sharps with Engineered States Code. this legislation was at hand. Sharps Injury Protections’’ shall be added to (b) EFFECTIVE DATE.—The modifications to the definitions (at 29 C.F.R. 1910.1030(b)) and This legislation is the product of a the bloodborne pathogens standard required hearing held this past June by the Sub- defined as ‘‘a nonneedle sharp or a needle de- by section 3 shall— vice used for withdrawing body fluids, ac- (1) within 6 months of the date of enact- committee on Workforce Protection on cessing a vein or artery, or administering ment of this Act, be made and published in the public health concern about acci- medications or other fluids, with a built-in the Federal Register by the Secretary of dental needlestick injuries to health safety feature or mechanism that effectively Labor acting through the Occupational Safe- care workers. Even more than that, reduces the risk of an exposure incident’’. ty and Health Administration; and this legislation will help to ensure that (3) The term ‘‘Needleless Systems’’ shall be (2) at the end of 90 days after such publica- our Nation’s nearly 8 million health added to the definitions (at 29 C.F.R. tion, take effect. 1910.1030(b)) and defined as ‘‘a device that care workers will not have to risk their does not use needles for (A) the collection of The SPEAKER pro tempore (Mr. own health, and perhaps their own bodily fluids or withdrawal of body fluids ROGAN). Pursuant to the rule, the gen- lives, when providing care for all of us. after initial venous or arterial access is es- tleman from North Carolina (Mr. Our knowledge about needlestick and tablished, (B) the administration of medica- BALLENGER) and the gentleman from other ‘‘sharps’’ injuries and what can tion or fluids, or (C) any other procedure in- New York (Mr. OWENS) each will con- be done about them has greatly in- volving the potential for occupational expo- trol 20 minutes. creased over the past decade. One esti- sure to bloodborne pathogens due to The Chair recognizes the gentleman mate is that more than 600,000 percutaneous injuries from contaminated from North Carolina (Mr. BALLENGER). needlestick and other sharps injuries sharps’’. (4) In addition to the existing requirements GENERAL LEAVE occur in health care settings in the concerning exposure control plans (29 C.F.R. Mr. BALLENGER. Mr. Speaker, I ask United States each year. The very con- 1910.1030(c)(1)(iv)), the review and update of unanimous consent that all Members sequences of such injuries to health such plans shall be required to also— may have 5 legislative days within care workers can mean exposure to se- (A) ‘‘reflect changes in technology that which to revise and extend their re- rious viruses and diseases, including eliminate or reduce exposure to bloodborne marks on H.R. 5178. the HIV virus, hepatitis B and hepa- pathogens’’; and The SPEAKER pro tempore. Is there titis C. (B) ‘‘document annually consideration and At the same time as our knowledge implementation of appropriate commercially objection to the request of the gen- available and effective safer medical devices tleman from North Carolina? about the risks and consequences of designed to eliminate or minimize occupa- There was no objection. needlestick injuries has increased, the tional exposure’’. (Mr. BALLENGER asked and was technology of devices used in health (5) The following additional recordkeeping given permission to revise and extend care settings which can protect against requirement shall be added to the bloodborne his remarks.) these injuries has also advanced. pathogens standard at 29 C.F.R. 1910.1030(h): Mr. BALLENGER. Mr. Speaker, I Today, our knowledge about the effec- ‘‘The employer shall establish and maintain yield myself such time as I may con- tiveness of such ‘‘safer medical de- a sharps injury log for the recording of sume. vices’’ such as needleless systems, is percutaneous injuries from contaminated Mr. Speaker, I am pleased to have sharps. The information in the sharps injury also better known. H.R. 5178 will assure log shall be recorded and maintained in such the opportunity today to talk about that safer medical devices will be used, manner as to protect the confidentiality of H.R. 5178, the Needlestick Safety and and the lives of health care workers the injured employee. The sharps injury log Prevention Act, a bill that I introduced will be made better for it. shall contain, at a minimum— last week. H.R. 5178 builds on the work of an ‘‘(A) the type and brand of device involved A tremendous amount of bipartisan OSHA guidance document, a compli- in the incident, discussion and effort has gone into this ance directive, issued last fall. Quite ‘‘(B) the department or work area where bill. Since its introduction last month, simply, H.R. 5178 amends the OSHA the exposure incident occurred, and many Members, from both sides of the Bloodborne Pathogens Standard. It ‘‘(C) an explanation of how the incident oc- curred.’’. aisle, have joined as cosponsors, includ- makes clear in the standard itself the ing many members of our full com- direction already provided by OSHA in The requirement for such sharps injury log shall not apply to any employer who is not mittee. I am especially pleased to have its compliance directive, that is, that required to maintain a log of occupational worked with my colleague from the employers who have employees with injuries and illnesses under 29 C.F.R. 1904 Subcommittee on Workforce Protec- occupational exposure to bloodborne and the sharps injury log shall be main- tion, the gentleman from New York pathogens must consider, and where October 3, 2000 CONGRESSIONAL RECORD — HOUSE H8675 appropriate, use effective engineering ganization; the Service Employees protect health care workers against sharps controls, including safer medical de- International Union; AFSCME; the injuries. Because of the convergence of these vices, in order to reduce the risk of in- American Federation of Teachers; the two circumstances—and because of increas- ing concern over the public health issue re- jury from needlesticks and from other Firefighters; and many manufacturers, lated to the spread of hepatitis C, it is appro- sharp medical instruments. This legis- are all supporters. And it certainly has priate to take this action at this time. lation requires employers to use safer the support of one nurse from Massa- Section 1 of the Bill provides the title the medical devices only where the devices chusetts, Karen Daley, who told us at ‘‘Needlestick Safety and Prevention Act.’’ are appropriate, commercially avail- our hearing in June of her personal ex- Section 2 of the bill provides the Congres- able, and effective at reducing or elimi- perience with a needlestick injury and sional findings. nating sharps injuries. who so generously asked that we take Section 3 of the bill directly modifies the Under no circumstances, either Bloodborne Pathogens Standard, 29 C.F.R. this action; not to help her, for it was 1910.1030, one of the health and safety stand- through this legislation or through the too late, but to make a difference in ards promulgated by the Department of La- underlying Bloodborne Pathogen working lives of the Nation’s nearly 8 bor’s Occupational Safety and Health Ad- Standard, are employers required to million health care workers. ministration (OSHA). The legislation builds use a safer medical device or engineer- Mr. Speaker, at this time I am offer- on the most recent action taken by OSHA re- ing control where such a device jeop- ing a substitute to the version of H.R. lated to the Bloodborne Pathogens Stand- ardizes a patient’s safety and an em- 5178 that passed the Subcommittee on ard—the revision in November 1999 to ployee’s safety, or where such a device Workforce Protection. This substitute OSHA’s Compliance Directive on Enforce- is medically contraindicated. All af- ment Procedures for the Occupational Expo- makes a technical correction to clarify sure to Bloodborne Pathogens (‘‘Compliance firmative defenses are available to an that the documentation of the consid- Directive’’). employer and are kept intact in this eration and implementation of safer In modifying the Bloodborne Pathogens legislation. medical devices is to be done annually. Standard (‘‘BBP standard’’) this bill makes H.R. 5178 amends the OSHA standard Along with my distinguished col- narrowly-tailored changes to the BBP stand- in two additional ways. First, in con- league, the gentleman from New York ard. It makes clear in the BBP standard the sidering and selecting safer medical de- (Mr. OWENS), I am offering a joint direction already provided by OSHA in its vices, employers would be required to statement of legislative intent. Compliance Directive: namely, that employ- ers who have employees with occupational solicit input from the frontline health I would like to go out of my way now exposure to bloodborne pathogens must con- care workers who would actually use to thank Vickie Lipnic and Greg sider and, where appropriate, use effective the devices. Testimony at our hearing Maurer for the time and effort in re- engineering controls, including safer medical in June indicated the importance of solving the many problems that arose devices, in order to reduce the risk of injury this requirement. Because there are so in this effort. I want to thank all of my from needlesticks and from other sharp med- many new devices on the market and colleagues who have joined together in ical instruments (‘‘sharps’’). because each health care setting is dif- bringing this issue forward, and I urge The bill accomplishes this in several ways. ferent, careful evaluation of devices by First, the BBP standard is modified so that its support in the full House. the definition of ‘‘engineering controls’’ at 29 the professionals who will use them is Mr. Speaker, I include for the C.F.R. 1910.1030(b) includes as additional ex- necessary to know what works and RECORD the joint statement of legisla- amples of such controls, ‘‘safer medical de- what does not in particular settings. tive intent on H.R. 5178. vices, such as sharps with engineering sharps Second, this legislation requires em- H.R. 5178—NEEDLESTICK SAFETY AND PREVEN- injury protections and needleless systems.’’ ployers to maintain a sharps injury TION ACT: JOINT STATEMENT OF LEGISLA- Following that step, the BBP standard is log. Now, I am certainly not one to TIVE INTENT ON SUBSTITUTE BY HON. CASS amended so that both ‘‘sharps with engi- favor increased paperwork for employ- BALLENGER OF NORTH CAROLINA AND HON. neered sharps injury protections’’ and ers. In this situation, however, I under- MAJOR OWENS OF NEW YORK IN THE HOUSE ‘‘needleless systems’’ are added to the defini- tions of the standard. stand the importance of such a law as OF REPRESENTATIVES, TUESDAY, OCTOBER 3, 2000 While sharps with engineered sharps injury a tool to track high-risk areas for in- protections and needleless systems are ex- Mr. Speaker, I am joined today by the jury and also as a means to evaluate amples of safer medical devices, it is not the ranking member of the Subcommittee on intent of this legislation to limit engineer- the effectiveness of particular devices. Workforce Protections of the Committee on ing controls or, for that matter, safer med- This legislation ensures that such a log Education and the Workforce, the Honorable ical devices, to the examples cited in this will protect the confidentiality of the Major Owens, in discussing the Needlestick legislation. Nor should the citing of these ex- insured employee. Safety and Prevention Act. I am pleased to amples be considered an endorsement or While it does all that, this legislation offer this bipartisan legislation which ad- preference of a specific product or assurance dresses an important public health issue con- also provides employers with the need- of a specific product’s effectiveness. fronting our nation’s health care workers. ed flexibility to determine the best Rather, it is the intent of this legislation At this time, pending is a substitute to the technology to use in particular cir- to reflect innovation and evolving tech- version of H.R. 5178 which passed the Work- cumstances. It is careful not to favor nology in the marketplace. It is also the in- force Protections Subcommittee. I am tent of this legislation that any devices that the use of a specific device. In fact, this pleased to be joined by Mr. Owens in offering have been considered or determined to be en- legislation is crafted not to impede, the substitute. What follows is both the text gineering controls by OSHA shall continue but to encourage, technological devel- of the substitute to H.R. 5178 and a state- to be considered as such. This legislation an- ment of legislative intent which I offer on opment by encouraging the use of new ticipates that hospitals and other employers, behalf of myself and Mr. Owens. technologies. It is left to the employer in crafting their Exposure Control Plans, to evaluate the effectiveness of these JOINT STATEMENT OF LEGISLATIVE INTENT ON will adopt procedures and use devices that available devices, and I would like to SUBSTITUTE TO H.R. 5178 have been proven to reduce the risk of emphasize this to any Senator who This legislation follows a hearing held by needlestick injuries. may be listening to this: it is careful the Workforce Protections Subcommittee in Employers use their Exposure Control not to favor the use of a specific device. late June of this year. The legislation de- Plans to evaluate appropriate practices and In fact, this legislation is crafted not rives from the convergence of two critical devices for reducing occupational exposure. circumstances which have a profound effect To focus attention on the need for employees to impede, but to encourage techno- on the safety of health care workers in the to look at changes in technology, this legis- logical development, by encouraging United States. lation further modifies the BBP standard by the use of new technologies; and it is The first circumstance is the increased adding to the existing requirements con- left to the employer to evaluate the ef- concern over accidental needlestick injuries cerning Exposure Control Plans at 29 C.F.R. fectiveness of the available devices. suffered by health care workers each year in 1910.1030(c)(1)(iv). Through these modifica- H.R. 5178 will help resolve an impor- health care settings. ‘‘Needlesticks’’ is a tions, employers will be required to dem- tant public health worker safety issue. term used broadly, as health care workers onstrate in the review and update of their Mr. Speaker, this legislation has can suffer injuries from a broad array of Exposure Control Plans that their Exposure broad-based support from both em- ‘‘sharps’’ used in health care settings, from Control Plans reflect changes in technology needles to IV catheters to lancets. The sec- and also that they document annually the ployer and employee communities. The ond circumstance is the technological ad- consideration and implementation of appro- American Hospital Association; the vancements made over the past decade in the priate, commercially available and effective American Nurses Association; Premier, many types of ‘‘safer medical devices’’ that safer medical devices. The clarification that the leading group health purchasing or- can be used in health care settings to help documentation of such devices is to be done H8676 CONGRESSIONAL RECORD — HOUSE October 3, 2000 ‘‘annually’’ is the only difference between The second way in which Section 3 amends requirement to use ‘‘appropriate com- the substitute bill described here and the bill the BBP standard is by specifying that em- mercially available and effective safer as reported by the Subcommittee on Work- ployers must solicit input from non-manage- medical devices designed to eliminate force Protections. rial employees responsible for direct patient It is through an employers’ Exposure Con- or minimize occupational exposure to care who are potentially exposed to injuries bloodborne pathogens.’’ H.R. 5178 pro- trol Plan that engineering controls and safer from contaminated sharps in the identifica- devices are considered and deployed in the tion, evaluation and selection of effective en- vides definitions of ‘‘engineering con- workplace. To the extent that specific types gineering and work practice controls. Em- trols,’’ ‘‘sharps with engineered sharps of devices, such as catheter securement de- ployers are also to document this in the Ex- injury protections,’’ and ‘‘needleless vices or needle destruction devices can re- posure Control Plans. The intent of this sec- systems’’ in order to provide greater duce the risk of needlestick injuries, such tion is simple—to involve those workers who clarity of the requirements of the devices could be appropriate components of will actually be using the new devices in standard. an employer’s comprehensive exposure con- their selection. It is not the intent of this trol plan. Nevertheless, it is impossible for The legislation ensures that employ- legislation to force a particular technology ers regularly monitor and assess the this legislation to recommend any one type on employers or employees without some of engineering control. Perhaps better stated development of appropriate commer- careful consideration and evaluation of the it is not the intent of this legislation to dis- technology’s effectiveness. cially available and effective safer turb the underlying flexible, performance- Section 4 of the legislation explains that medical devices. It ensures that health oriented nature of the Bloodborne Pathogens the modifications as delineated by Section 3 care workers who must use the equip- Standard, whereby the employer must evalu- of the bill can be changed by a future rule- ment will have a voice in its selection ate the circumstances of the workplace and making by OSHA on the Bloodborne Patho- assess what is effective and what is not in and will be properly trained in its use. gens Standards. that particular work setting. Finally, the legislation promotes Finally, Section 5 of the bill directs that It is important to note also that the re- greater awareness and more active vig- quirement in this legislation for the consid- the modifications to the BBP standards are ilance through the use of a sharps in- eration and implementation of safer medical to be made without regard to the standard OSHA rulemaking requirements or the re- jury log. devices is hinged upon the ‘‘appropriateness’’ The primary intent of H.R. 5178 is to and the ‘‘commercial availability’’ of such quirements of the Administrative Proce- dures Act. Admittedly, preemption of the protect the safety and health of health devices. Finally, while this may be stating care workers. One of the principal ways the obvious, it is not the intent of this legis- OSHA rulemaking procedures is not an ac- lation, nor for that matter of the current tion to be undertaken lightly. Indeed, the re- the legislation accomplishes this is by Bloodborne Pathogens Standard, for employ- quirements of this bill are driven by the encouraging the development of safer ers to implement use of any engineering con- unique circumstances surrounding this nar- medical devices. Under the bill, it is trol, including a safer medical device, in any row and particular public health issue. Al- the responsibility of health care em- situation where it may jeopardize a patient’s though there is no such thing as binding ployers, in consultation with their precedent for Congress, it is not the intent of safety, an employee’s safety or where it may workers and subject to oversight by be medically contraindicated. We do not ex- this legislation, through the process used here, to diminish the carefully constructed OSHA, to determine for themselves pect an OSHA inspector to substitute his what are the safest devices on the mar- judgment for that of the professional clinical requirements and procedures for OSHA rule- and medical judgment of health care profes- making. ket that meet their individual needs. sionals responsible for patient safety. More- The legislation does prescribe, however, As newer safer devices come to the over, all of the affirmative defenses available that the changes to the BBP standard are to market, employers are required to con- to an employer under the current Bloodborne be made by the Secretary of Labor and pub- sider and implement appropriate and Pathogens Standard remain intact with this lished in the Federal Register within six effective safer medical devices. Since legislation. months of enactment and that the changes the bill anticipates and encourages Section 3 of the bill amends the BBP will take effect 90 days after such publica- tion. technological development, the bill in- standard in two additional ways. First, it tentionally does not define any specific adds a requirement that in addition to the Mr. OWENS. Mr. Speaker, I yield my- recordkeeping requirements already found in medical device as a safer medical de- self such time as I may consume. vice per se. To do so would be self-de- the BBP standard, employers must record Mr. Speaker, it is not exaggerating feating. percutaneous injuries from contaminated to say this is legislation that will save sharps in a sharps injury log. The legislation While reinforcing the requirement sets out the minimum information to be in- lives. I rise in support of H.R. 5178. This that safer medical devices be used cluded in such a log, namely the type of de- legislation will significantly improve where they are commercially available, vice used, an explanation of the incident, and the health and safety of health care this legislation does not mandate the where the injury occurred. Employers are workers by reducing accidental use of engineered controls where such free to include other information should needlesticks and other sharps injuries. controls are not commercially avail- they find it helpful. However, this legislation It is estimated that there are be- does require that in recording the informa- able. Neither this legislation, nor the tween 600,000 and 800,000 incidences of underlying standard it amends, re- tion and maintaining the log, the confiden- accidental needlestick injuries among tiality of the injured employee is to be pro- quires anyone to use any engineering tected. health care workers every year. As a control, including a safer medical de- The requirement for a sharps injury log is direct result, more than 1,000 of these vice, where such use may jeopardize a consistent with current OSHA recordkeeping workers will contract a serious poten- patient’s safety, an employee’s safety, in two specific ways. First, the sharps injury tially life-threatening disease such as or where it may be medically contra- log requirement does not apply to any em- HIV or hepatitis C. Studies have shown indicated. ployer who is not already required to main- that as many as 80 percent of these ac- tain a log of occupational injuries and ill- This legislation leaves intact all of nesses under 29 C.F.R. 1904. Second, employ- cidental needlesticks can be avoided the affirmative defenses available to ers are not required to maintain the logs for through the use of available safer med- employers related to the use of engi- a period of time beyond that currently re- ical devices. neered controls under the Bloodborne quired for the OSHA 200 logs. The Occupational Safety and Health Pathogen Standard. It is the sole intent of the sharps injury log Administration, OSHA, has already Mr. Speaker, this is good legislation. requirement that it be used as a tool only for taken action to reduce accidental This is life-saving legislation. It is sup- employers so that they may determine their needlestick injuries. In November 1999, high risk areas for sharps injuries and use it ported by health care employers, in- as a means to evaluate particular devices OSHA issued a revised compliance di- cluding the American Hospital Associa- that may or may not be effective in reducing rective on enforcement procedures for tion and Kaiser Permanente. It is sup- sharps injuries. At a Subcommittee on Work- occupational exposure to bloodborne ported by medical equipment manufac- force Protection hearings in June, represent- pathogens. The principal purpose of the turers, including Becton-Dickinson and atives of the American Hospital Association new directive is to emphasize the re- Retractable Technologies, Inc.; and it testified that many health care settings, par- quirement that health care employers is supported by the unions that rep- ticularly hospitals, already have in place identify, evaluate, and make use of ef- resent health care workers, including some type of ‘‘surveillance system’’ for fective, safer medical devices. H.R. 5178 tracking needlestick and other sharps inju- the American Nurses Association, the ries. The AHA witness noted that hospitals builds upon OSHA’s efforts. Service Employees, AFSCME, AFT, have found this to be an effective tool to pro- Specifically, H.R. 5178 amends AFGE, and the Firefighters. vide necessary information to help reduce OSHA’s 1991 Bloodborne Pathogen I commend the gentleman from such injuries. Standard to clarify and reiterate the North Carolina (Chairman BALLENGER) October 3, 2000 CONGRESSIONAL RECORD — HOUSE H8677 for his leadership on this issue, and I ployee representatives to unite behind legisla- as such, the safety of our health care urge my colleagues to support H.R. tion that will help make work safer for health workers and their patients are of para- 5178. care workers. As a result, both the American mount concern in this legislation. Mr. Speaker, I reserve the balance of Hospital Association and the American Nurses I will tell my colleagues, we have my time. Association have enthusiastically endorsed safer medical devices that are being Mr. BALLENGER. Mr. Speaker, I H.R. 5178. I encourage my colleagues to vote added to OSHA, as we amend OSHA in yield 3 minutes to the gentleman from for H.R. 5178. this legislation today, but in addition, Pennsylvania (Mr. GOODLING). Mr. OWENS. Mr. Speaker, I yield employers are required to consider and (Mr. GOODLING asked and was given such time as she may consume to the implement the use of such safe medical permission to revise and extend his re- gentlewoman from New York (Mrs. devices in their facilities. It is cer- marks.) MCCARTHY). tainly because of the leadership of the Mr. GOODLING. Mr. Speaker, I want Mrs. McCARTHY of New York. Mr. gentleman from North Carolina (Mr. to encourage everyone to vote for that Speaker, before I make my remarks on BALLENGER), the gentleman from New legislation, but particularly I want to this legislation, I also would like to York (Mr. OWENS), and the gentleman thank our subcommittee Chair, the compliment the gentleman from North from Pennsylvania (Chairman GOOD- gentleman from North Carolina (Mr. Carolina (Chairman BALLENGER) for LING) on this subject. It was mentioned BALLENGER), because if I were a betting the work and how swiftly we have got- earlier nobody thought we could get person several months ago and they ten this through the committee, and I this kind of a compromise in this kind said this legislation was going to come appreciate that. I thank my colleague of a leadership in such a short period of to the floor of the House, I would have from New York (Mr. OWENS) again for time. said I doubt that. his work to protect our health care Mr. Speaker, I will not go into all the b 1615 workers, that is what it comes down to. statistics that have already been noted Mr. Speaker, I have spent over 30 here today, but they are alarming sta- I did not think you could get the em- years of nursing before I came here; tistics about the health and the safety, ployees and the employers together on and I certainly can tell my colleagues not only of the workers, but also the the issue, but the gentleman from how many times I have gotten stuck spread of terrible diseases, because of North Carolina (Chairman BALLENGER) with a needle. And I was probably very the breakdown of these safety devices, and his cunning ways overwhelmed lucky, because many years ago, we did to the patients in our hospitals. them and brought that about, and what not face the diseases that we are facing These numbers are alarming as they that means is an awful lot of people today. Today, we are facing TB, Hepa- have already been stated, but espe- will not risk the danger of some hor- titis B, Hepatitis C, HIV, AIDS, and cially alarming since we already know rible disease, and not only that, the ex- these are the things we have to be con- that the technology exists that could pense of trying to prevent that disease cerned about. What people have to real- prevent these injuries and this spread from happening after the needlestick. ize, it is not that nurses or health care of infection. Again, I compliment the gentleman workers are not being careful; but The least we can do is see that the from North Carolina (Mr. BALLENGER), when we are dealing with life-threat- medical professionals have the latest our subcommittee chair, the gentleman ening situations of taking care of a pa- in safety precautions available to has done an outstanding job. tient, we are concerned about giving them. We cannot prevent all the hos- Mr. Speaker, I rise in support of H.R. 5178, the patient certainly the medications pitals and doctor office accidents, but the Needlestick Safety and Prevention Act. I they need fast, starting IVs and every- certainly we can with today’s safety want to congratulate Congressman BALLENGER thing else goes out of their minds. needles provide the lifesaving support for his leadership in forging a consensus be- This legislation is going to protect for those that need it. tween the employer and the employee com- health care workers across this Nation. I would like to point out, too, that munities on this once contentious issue. Con- We heard that 600,000 to 800,000 while the statistics are alarming, I gressman BALLENGER'S work on this issue is healthcare workers are stuck every must also say that we should put indicative of his excellent service as Chairman single year. We know that when a health and safety first, not only health of the Subcommittee on Workforce Protections health care worker is stuck, they have and safety first, but the bottom line, for the past six years. to go down for a test. They have to be we are saving money. More than 600,000 times a year, healthcare followed through. It can cost, for each Mr. Speaker, I do want to finally workers are accidentally stuck by needles and person that is stuck, $3,000. We are not commend again the gentleman from other devices in the course of their work. With even talking about those that, unfortu- North Carolina (Mr. BALLENGER) and every accidental needlestick, health care work- nately, do get fatal diseases from these the gentleman from New York (Mr. ers risk contracting fatal diseases such as injuries. OWENS) for their leadership, but also AIDs and Hepatitis C. H.R. 5178 will help pre- Mr. Speaker, I commend certainly we must remember the forward think- vent many of these accidental needlesticks. the committee and the hard work that ing companies like Becton-Dickinson Even in the fortunate majority of these has been done on this and how fast it in Bergen County, New Jersey for their cases when no diseases are transmitted, em- has gone, because now we know we contribution to the development of ployers incur thousands of dollars in expenses have legislation that is out there that these safe technologies. for blood tests and preventative medications. is going to protect our health care Mr. Speaker I rise in strong support Fortunately, rapidly improving technology of- workers, and more than that, this is of H.R. 5178, the Needlestick Safety and fers workers and employers safer medical de- legislation that can save lives. Prevention Act. When we in Congress vices that reduce the risk of needlestick inju- I am very proud to be here to encour- set public policy, we must always put ries. H.R. 5178 requires employers to consider age all of my colleagues, all of my col- health and safety first. As such, the using safer medical devices. When such de- leagues to support this overwhelm- safety of health care workers and their vices are appropriate, commercially available ingly. This is good legislation, and it patients are of a paramount concern. and effective, employers must implement safer should pass unanimously. I thank all H.R. 5178, the Needlestick Safety and devices in the workplace. my colleagues for their work. Prevention Act, takes an important H.R. 5178's flexible approach to safer med- Mr. BALLENGER. Mr. Speaker, I step in helping to reduce the risks of ical devices puts the decision-making in the yield 21⁄2 minutes to the gentlewoman occupational exposure to bloodborne hands of employers rather than distant Wash- from New Jersey (Mrs. ROUKEMA). pathogens. The bill requires the Occu- ington bureaucrats. Mrs. ROUKEMA. Mr. Speaker, I cer- pational Safety and Health Adminis- Employers, with input from frontline health tainly thank the gentleman from trative (OSHA) to amend the care employees, have the flexibility and the re- North Carolina (Mr. BALLENGER), our Bloodborne Pathogens Standard to in- sponsibility to choose practices and devices subcommittee chairman, but I think clude the definition of ‘‘safer medical that will help protect their workers in their we are here today to say in a very real devices.’’ In addition, employers are re- workplaces. and definite and substantial way that quired to consider and implement the By embracing a flexible, decentralized solu- Congress, when it sets public policy, it use of such safer medical devices in tion, H.R. 5178 enables employer and em- should put health and safety first. And their facilities. I would like to thank H8678 CONGRESSIONAL RECORD — HOUSE October 3, 2000 Mr. BALLENGER and Mr. OWENS and (Mr. ANDREWS asked and was given eliminates exposure to bloodborne Committee Chairman GOODLING for permission to revise and extend his re- pathogens clearly falls within the defi- leading the charge to bring this bipar- marks.) nition of a device that does not use tisan legislation to the floor. Mr. ANDREWS. Mr. Speaker, I thank needles for any other procedure involv- It is currently estimated that there my friend, the gentleman from New ing the potential for occupational ex- are between 800,000 and 1 million York (Mr. OWENS), for yielding me the posure to bloodborne pathogens due to needlesticks and other sharps injuries time. the injuries from contaminated sharps. to healthcare workers in the United Mr. Speaker, I rise in support of this I think I followed that, not being a states each year. An average hospital legislation. I want to congratulate the medical professional. In other words, incurs approximately 30 worker gentleman from North Carolina (Mr. that OSHA can find the very best tech- needlestick injuries per 100 beds per BALLENGER) and the gentleman from nology available in any given time in year. These numbers are alarming, es- New York (Mr. OWENS), my friend, for the future to protect workers, that is pecially since the technology exists to their intelligence in bringing this to what we are here to do. prevent these injuries. the floor. Mr. Speaker, I again thank the gen- Many of these accidents are instant There are a lot of competing inter- tleman from North Carolina (Mr. tragedies, infecting dedicated medical ests in this legislation, union and man- BALLENGER) and the gentleman from workers with blood-borne diseases, agement, health care providers and New York (Mr. OWENS). I rise in enthu- sometimes even the incurable AIDS product providers, and it was a sub- siastic support of the legislation and virus. And ALL of these needlesticks stantial task to bring all of those par- urge its unanimous approval. leave the victim frightened of the con- ties together. The gentleman from Mr. BALLENGER. Mr. Speaker, I sequences until a blood test can be North Carolina (Mr. BALLENGER) and yield 2 minutes to the gentleman from done to determine whether they have the gentleman from New York (Mr. Nebraska (Mr. BARRETT). Mr. BARRETT of Nebraska. Mr. been infected. OWENS) took the lead in doing that, The least we can do is see that med- and I thank them and commend them Speaker, I thank the gentleman from ical professionals have the latest in for it. North Carolina (Mr. BALLENGER) for safety precautions available to them. The gentleman from New York (Mr. yielding me this time, and I com- pliment him as well, the job that he did We cannot prevent all hospital and doc- OWENS) said in his remarks that it is tor’s office accidents, but we should not an overstatement to say that this in bringing this bill to the floor. And I certainly am pleased to join prevent those we can. Today’s safety legislation will save peoples’ lives; he with my colleagues in total support of needles are lifesavers for those trying is right. There are instances where peo- H.R. 5178, the Needlestick Safety and to save lives. We need to encourage the ple are injured and sometimes fatally Prevention Act. I think this is one of use of safe needles and devices to im- injured as a result of injuries on the the major public health issues facing prove healthcare worker safety in the job that will be prevented as a result of the health care community today, and workplace. passing this legislation. I think it certainly deserves the atten- Numerous studies have demonstrated This is what we are here to do, to tion of the Congress. that the use of safe-needle devices, bring the two parties together and both when they are part of an ‘‘overall’’ According to the Department of sides of the bargaining table to make bloodborne pathogens risk-reduction Labor, as has already been mentioned, this happen. I know the gentleman program, are extremely effective in re- there are an estimated 800,000 from New York (Mr. OWENS) in par- ducing accidental needlesticks. In fact, needlestick injuries which occur in the ticular has been tenacious in pursuing the Centers for Disease Control and United States each year, and this puts this legislation for many numbers of Prevention estimates that 76 percent of thousands of health care workers in- years, and on behalf of my constitu- needlestick injuries could be elimi- cluding nurses and doctors and CNAs ents, I thank him for it. nated immediately if health care insti- and even custodians at the risk of acci- I also thank the gentleman from tutions switched to safe needles and dental exposure to more than 20 patho- Pennsylvania (Mr. GOODLING) and the similar devices. We should be doing ev- gens, including HIV and Hepatitis B gentleman from Missouri (Mr. CLAY) erything possible to encourage the use and C. In addition to protecting health for their leadership of the full com- of safe technology. care workers, Congress should be con- Not only does the use of safe tech- mittee in bringing us here. cerned about protecting every patient nology save lives—it also saves money. I first heard about this legislation admitted to a hospital or treated at a For example, it is estimated that for a when members of the health care team, clinic, because patients are also at risk 300 bed hospital to convert to safe tech- nurses, mainly, at the Camden County of an accidental needlestick injury. nology, it would cost $70,000 a year. Health Services Center in my district A very crucial component of the com- When you compare that amount to the visited me in my office here, they are prehensive prevention program is the estimated $500,000 in testing and drug members of the AFSCME union, and use of the so-called safe needles. These regimens for just one needlestick in- they had called it to the attention of are needles designed to retract into the jury, it becomes clear—needlestick pre- their employer to voluntarily adopt a body of the syringe once it is used so it vention makes practical and fiscal standard like this, which the employer, can then be disposed of with a much sense. And this does not begin to in- to its credit, did. That was then fol- lower chance of an accidental clude the emotional toll of the injured lowed up here at the national level by needlestick. A company in my district, worker or the countless lawsuits filed. any number of groups and interests to Becton-Dickinson is a leading manu- The use of safe technology should be make sure that we could codify this ef- facturer of these devices, and I am viewed as an insurance policy: an in- fort by OSHA to balance the concerns pleased that a company with Nebraska surance policy for workers and patients of union and management, to balance ties can play a role in addressing this and an insurance policy for hospitals. all concerns and to write a good bill. I very important public health concern. Mr. Speaker, I commend Mr. believe that we have done that. For the safety of health care workers BALLENGER and Mr. OWENS for their I also appreciate the way that this and patients, this very important pub- leadership on this important issue. I bill incorporates technological changes lic health issue should not be over- also would like to commend forward- and does not wed itself to any par- looked. And I certainly extend my full thinking companies like Becton-Dick- ticular technology. I applaud that, be- support to the bill and urge its passage. inson of Bergen County, New Jersey, cause I believe that it will permit the Mr. OWENS. Mr. Speaker, I yield for their contribution to the develop- development and evolution of even such time as he may consume to the ment of this safe technology. greater technologies as time goes by. gentleman from California (Mr. THOMP- I strongly urge my colleagues to vote Mr. Speaker, I also applaud the fact SON). in favor of this important legislation. that the bill reflects my own under- (Mr. THOMPSON of California asked Mr. OWENS. Mr. Speaker, I yield standing that a device that does not and was given permission to revise and such time as he may consume to the use needles for the securement of de- extend his remarks.) gentleman from New Jersey (Mr. AN- vices for administration of medication Mr. THOMPSON of California. Mr. DREWS). or fluids and thereby diminishes or Speaker, I rise in strong support of this October 3, 2000 CONGRESSIONAL RECORD — HOUSE H8679 measure. I would like to thank the gen- As the gentleman from North Caro- Needle Stick Safety and Prevention tleman from North Carolina (Mr. lina knows, I am particularly con- Act. BALLENGER) and the gentleman from cerned about a device that is manufac- I do want to thank the gentleman New York (Mr. OWENS) for bringing tured not surprisingly in my district from North Carolina (Mr. BALLENGER) this important bill to the floor today by a fellow named Joe Adkins through for bringing this bill to the floor. I for this vote. his company, Safeguard Medical De- want to thank the ranking member, H.R. 5178 is an important bill that I vices. The product they have developed the gentleman from New York (Mr. believe will truly make a difference in is roughly the size of a pocket pager, OWENS), for his role and leadership in the lives of health care workers, pa- and is intended to be carried by all per- bringing this bill before us. I am proud tients and the families of both sonnel who may encounter unsafe used to be a cosponsor. throughout this Nation. As was pointed syringes. It is designed to blunt and This bipartisan legislation is de- out earlier, there is an estimated seal the end of the needle with a ‘‘BB’’ signed to protect health care workers 800,000 needlesticks per year across this type ball that seals the syringe hub, from needle stick injuries by updating country. The potential for needlesticks further reducing the risk of down- the Occupational, Safety, and Health put health care workers and patients stream infection. Administration’s standards in order to at risk of contracting diseases, like The language thankfully included in address advances in safer medical de- Hepatitis C and B and HIV. the manager’s statement leaves no vices such as needleless systems and In California, the results of legisla- doubt that products that minimize the needles that are specifically engineered tion that I authored when in the State risks of exposures to blood-borne for injury protection. Senate found that most needlesticks pathogens, like the one developed by Passage of H.R. 5178 would reduce the could be prevented by using better de- Safeguard Medical Devices, are in- risk of HIV, hepatitis B, hepatitis C, signed safer needles and following tended to be covered by the broad lan- that are caused by accidental needle stricter disposal protocols. guage of section 3 in the bill referring sticks. This year, the Centers for Dis- This bill and these findings helped to to safer medical devices, and that the ease Control and Prevention estimated lead to a 1998 mandate for safer needles examples cited in the bill were in- that more than 380,000 needle stick in- in California. In addition to saving tended to be illustrative, rather than juries from contaminated needles occur lives, it is estimated that in California, exhaustive. annually among health care workers in we will save over $100 million per year For that, I thank the chairman and our U.S. hospitals. as a result of these safer needles. The thank the gentleman from New York The total number of needle stick and savings are calculated by using the (Mr. OWENS). other skin-puncturing injuries in all costs of disability payments, testing Mr. OWENS. Madam Speaker, I yield health care settings is, as Members and treatment, lost wages, and liabil- myself such time as I may consume. have heard before, 600,000 to 800,000 an- ity costs. Madam Speaker, I will enter into the nually. H.R. 5178 will require the use of safer RECORD a letter by Mr. Charles Love- The CDC has also estimated that, de- needles, require more consistent docu- less, director of legislation for the As- pending on the type of device used and mentation of needlestick injuries, and sociation of Federal, State, County and the procedure involved, that 62 to 82 it establishes the stronger Federal uni- Municipal Employees, the AFL–CIO. percent of needle stick injuries can po- form standard for the disposal and the AFSCME, AFL-CIO, tentially be prevented by the use of usage of needles. It will save lives. It Washington, DC, October 2, 2000. safer medical devices. will save money, and it deserves the DEAR REPRESENTATIVE: On behalf of the 1.3 One particular needleless system has million members of the American Federation support of every Member of Congress. been developed by Calypte Biomedical of State, County and Municipal Employees Corporation of Rockville, Maryland. Mr. BALLENGER. Mr. Speaker, I (AFSCME), I urge you to support the yield 2 minutes to the gentleman from Needlestick Safety and Prevention Act (H.R. Long concerned about the risk of HIV Ohio (Mr. LATOURETTE). 5178), introduced by Representatives Cass transmission through accidental needle (Mr. LATOURETTE asked and was Ballenger and Major Owens. stick injuries, Calypte Biomedical given permission to revise and extend H.R. 5178 would amend the Occupational manufactures FDA-approved, urine- his remarks.) Safety and Health Administration’s (OSHA) based HIV diagnostic tests which would Bloodborne Pathogens Standard to require Mr. LATOURETTE. Mr. Speaker, I dramatically reduce needle stick acci- that employers use safety-designed needles dents. want to commend the gentleman from and sharps in order to reduce needlestick in- North Carolina (Mr. BALLENGER) for juries and the transmission of serious dis- This legislation is supported by the this bill, H.R. 5178, and commend him eases from patients to nurses and other American Hospital Association, the for his hard work in bringing it to the workers. This important legislation codifies American Nurses Association, a num- floor today. and refines a compliance directive issued by ber of other agencies and organiza- I also want to thank the gentleman OSHA late last year, after seeking public tions. It ensures that hospitals and from New York (Mr. OWENS). I share input on the use of safer devices. other medical employers will have the Needlestick injuries are a serious, but pre- their commitment to reducing the risk flexibility to best protect their work- ventable, public health problem. Despite the ers. I urge my colleagues to support it. of exposure from men and women availability of safer devices, the vast major- whose occupation places them in close ity of needles and sharps in use today are Mr. BALLENGER. Madam Speaker, I proximity to bloodborne pathogens in old-style devices that lack integrated safety yield 2 minutes to the gentleman from the workplace. features. As a consequence, 600,000 to 800,000 Georgia, (Mr. ISAKSON). Mr. ISAKSON. Madam Speaker, I b needlestick injuries occur each year in the 1630 health care workplace. Among those who thank the gentleman for yielding time H.R. 5178 amends the OSHA standards sustain such an injury, an estimated 1,000 to me, and commend him on this im- on blood-borne pathogens to include contract a serious disease, including Hepa- portant issue, as well as the gentleman titis C and HIV. the definition of safer medical devices. from New York (Mr. OWENS) and his I especially want to thank both gentle- H.R. 5178 is an important measure that will save lives. We endorse this bipartisan bill support. men today for including that in their and urge you to approve it. Madam Speaker, the transfer of manager’s statement of legislative in- Sincerely, blood-borne pathogens in this country tent, clarifying that it is not the intent CHARLES M. LOVELESS, is a problem in our hospitals and facili- of the legislation to limit in any way Director of Legislation. ties, and it does threaten our health any engineering controls or safer med- Madam Speaker, I have no additional care leaders. ical devices to the few examples that speakers, and I yield back the balance Our chairman and author of this bill, are cited in the legislation. of my time. the gentleman from North Carolina The statement offered today clearly Mr. BALLENGER. Madam Speaker, I (Mr. BALLENGER), has done a great job expresses the intent of the bill’s yield 2 minutes to the gentlewoman in holding hearings to bring about that crafters to provide for innovative and from Maryland (Mrs. MORELLA). information. evolving technology in our efforts to Mrs. MORELLA. Madam Speaker, I I associate myself with the remarks minimize risk. rise in strong support of H.R. 5178, the of the gentleman from Ohio (Mr. H8680 CONGRESSIONAL RECORD — HOUSE October 3, 2000 LATOURETTE), the gentlewoman from Through accidental needlesticks, health care A resident of Cleveland, Ohio, Mr. Stanley Maryland (Mrs. MORELLA), and others workers are exposed to the spread of deadly McKee, testified before the Ohio Senate re- who have understood the leadership bloodborne diseases such as AIDS and Hepa- garding his needlestick injury. Mr. McKee that has been shown in this by not titis B and C. Estimates are that some works at a hospital in the environmental serv- issuing a franchise to one single pro- 600,000 to one million needlesticks occur ices department. He was disposing of the ducer of a product that destroys nee- each year. While the vast majority of those in- trash from the intensive care unit when he felt dles, but rather, to acknowledge that juries do not result in the spread of a an object stick him in the leg. When he every hospital and health care facility bloodborne pathogen, those that do can prove checked the bag he saw the used needle pro- should select those products that are debilitating and even fatal. Health care work- truding out. For months, Mr. McKee was best for them, to have a clear and di- ers simply should not be forced to risk their forced to undergo a series of shots until it rect policy to minimize and we hope lives while trying to save ours. could be determined whether he had indeed eliminate needle stick injuries and the Enactment of H.R. 5178 will dramatically contracted an illness. The costly medical care transfer of possible dangerous germs lower the occurrence of accidental needlestick he required and the severe mental anguish he and disease in their facility. injuries by requiring the use of safer needle experienced while awaiting news of his test re- The leadership the gentleman from technology in our nation's health care system. sults could have easily been prevented with North Carolina (Mr. BALLENGER) has This bill, like the legislation I co-authored with safety devices as required in The Health Care shown Americans and assured health Representative ROUKEMA (H.R. 1899), will dra- Worker Needlestick Prevention Act, H.R. care workers that the hospitals and matically improve needlestick protections for 5178. The average cost to test and treat a medical workplaces of America will be health care workers by: clarifying the worker following an accidental stick where an safer. It has also ensured that incen- bloodborne pathogens requirements regarding infection does not occur is about $500. The tive remains for the private sector to the use of safer needle devices, improving ex- costs to treat an employee who is infected produce new and modern products that isting reporting requirements, and ensuring from an accidental stick can total up to one are safer and more efficient than those that health care workers are involved in the million dollars over a person's life. However, in the past, so hospitals can develop selection of appropriate safety devices. these injuries can be prevented with safer I have been working on this issue for many the very best possible policy to meet needles that cost less than a postage stamp. OSHA’s, what I would add, very years. My first bill to protect health care work- This bill will save lives by drastically reduc- thoughtful rule in terms of developing ers from preventable needlestick injuries was ing the threat of contracting infectious dis- these plans for every hospital in Amer- introduced in 1993. In the last Congress, simi- eases including hepatitis and the HIV virus ica. lar legislation gained the support of more than through accidental needlesticks. Healthcare Mr. GILMAN. Madam Speaker, I rise today 100 of my colleagues. H.R. 1899, which Rep- professionals dedicate their lives to caring for in support of H.R. 5178, the Needlestick Safe- resentative ROUKEMA and I introduced to- others. Let us show our appreciation and re- ty and Prevention Act. I applaud my colleague gether in this Congress, now has the bipar- spect by working to pass this important legis- from North Carolina, Mr. BALLENGER for his tisan support of more than 185 of our col- leadership on this issue and as a cosponsor of leagues. lation to ensure the safety of members of the this legislation, I urge my colleagues to sup- States have also begun focussing attention healthcare community. port this much needed bill. on this important issue. My home state of Cali- I would like to thank Chairman BALLENGER H.R. 5178 directs employers to consider, fornia was the first state to pass comprehen- for leading the Subcommittee on Workplace and where appropriate, use such safer med- sive legislation requiring the use of safe nee- Protections of the Committee on Education ical devices to reduce the risk of needlesticks dle devices in 1998. Since then, more than a and the Workforce to report H.R. 5178 to the and other injuries from sharps. Employers with dozen states have followed course and whole House of Representatives. I would also employees who may be exposed to passed legislation protecting health care work- like to praise Rep. FORTNEY PETE STARK, bloodborne pathogens are required to use ers their own borders. whose many yeas of advocacy for needlestick safer medical devices only where such de- But, this is a national problem that deserves safety laid the groundwork for today's bill. I vices are appropriate, effective and commer- a national solution. That is why I am so urge a YES vote. cially available. I have met with various pleased to join Representative BALLENGER and Mr. BALLENGER. Madam Speaker, I nurses' groups over the years who have been Representative OWENS in support of H.R. have no further requests for time, and pushing for the use of safer needles in hos- 5178 on the House floor today. I would also I yield back the balance of my time. pitals and doctors' officers throughout the like to congratulate both of them for stepping The SPEAKER pro tempore (Mrs. country. Although these safe needles tend to into leadership roles on this vitally important MORELLA). The question is on the mo- cost more than the average needle that is cur- safety issue for health care workers across the tion offered by the gentleman from rently used, the safe needles protect health country. North Carolina (Mr. BALLENGER) that care professionals by featuring one of a num- While I fully support the bill before us today, the House suspend the rules and pass ber of new innovations such as a retractable our work to protect health care workers from the bill, H.R. 5178, as amended. needle. these injuries will not be complete even with The question was taken; and (two- Moreover, H.R. 5178 calls for employers to passage of this important legislation. We need thirds having voted in favor thereof) maintain a sharps injury log to record sharps to go further. OSHA applies mainly to the pri- the rules were suspended and the bill, injuries and to call upon frontline health care vate sector and therefore H.R. 5178 leaves as amended, was passed. workers who would actually use the devices in health care workers in public hospitals in ap- A motion to reconsider was laid on the selection of the devices. This will ensure proximately 27 states without the same protec- the table. that the people actually using the new needles tions. We need to extend equivalent protec- will be comfortable with all aspects of the safe tions to these workers and I pledge to work f device. with my colleagues to achieve this goal as Accordingly, I urge my colleagues to protect well. CUSTOMIZED TRAINING Passage of H.R. 5178 will take us a long our Nation's health care professionals and FLEXIBILITY ACT support this legislation. way toward minimizing the danger of Mr. STARK. Madam Speaker, I am pleased needlestick injuries and potential infection by Mr. MCKEON. Madam Speaker, I to speak in support of H.R. 5178, The deadly diseases for the millions of health care move to suspend the rules and pass the Needlestick Safety and Prevention Act and workers across our country. Put simply, a yes bill (H.R. 4216) to amend the Workforce urge all of my colleagues to join me in voting vote for H.R. 5178 will save lives. I urge all of Investment Act of 1998 to authorize re- to protect nurses, doctors, and other health my colleagues to join me in voting yes. imbursement to employers for portable care workers from accidental needlestick inju- Mr. KUCINICH. Madam Speaker, I rise in skills training, as amended. ries in the workplace. strong support for H.R. 5178, the Needlestick The Clerk read as follows: This legislation is long overdue. Health care Safety and Prevention Act. There are an esti- H.R. 4216 workers across our country are put in danger mated 600,000 to 800,000 needlestick injuries Be it enacted by the Senate and House of Rep- each and every day because safe needle each year. Over 80 percent of these injuries resentatives of the United States of America in technologies that exist and are proven to re- could have easily been prevented with the use Congress assembled, duce the risk of workplace needlestick injuries of safer needle devices. Hospital nurses are SECTION 1. SHORT TITLE. are still not widely used in our nation's health the most frequently injured, followed by physi- This Act may be cited as the ‘‘Customized facilities. cians, nursing assistants and housekeepers. Training Flexibility Act’’. October 3, 2000 CONGRESSIONAL RECORD — HOUSE H8681 SEC. 2. FLEXIBILITY IN CUSTOMIZED TRAINING vestment Act. In addition to stream- Madam Speaker, I yield such time as REQUIREMENT UNDER THE WORK- lining multiple Federal job training he may consume to the gentleman FORCE INVESTMENT ACT OF 1998. Section 101(8) of the Workforce Investment programs and empowering individuals from California (Mr. RADANOVICH), the Act of 1998 (29 U.S.C. 2801(8)) is amended— to choose their own training, this act author of the bill. (1) in subparagraph (A), by striking ‘‘(in- increased the role of employers to en- Mr. RADANOVICH. Madam Speaker, cluding a group of employers)’’ and inserting sure that the training provided under I want to thank the gentleman from ‘‘or a group of employers within the same in- these programs is relevant to job op- Pennsylvania, chairman of the Com- dustry’’; portunities in their areas. mittee on Education and the Work- (2) in subparagraph (B), by striking ‘‘the The ability for local programs to pro- force, and my colleague, the gentleman employer’’ and inserting ‘‘any such em- vide customized training is just one ex- from California (Mr. MCKEON), for his ployer’’; and (3) in subparagraph (C), by striking ‘‘for ample of how training can be guaran- assistance in bringing H.R. 4216 to the not less than 50 percent’’ and inserting ‘‘a teed to meet the needs of local employ- floor. portion’’. ers. This type of training has three Madam Speaker, I represent the 19th SEC. 3. OTHER AMENDMENTS TO THE WORK- basic characteristics: District of California. This region has FORCE INVESTMENT ACT OF 1998. First, it is designed to meet the spe- an agricultural-based economy which (a) DEFINITION OF ELIGIBLE YOUTH.—Sec- cial requirements of an employer or brings with it high unemployment tion 101(13)(B) of the Workforce Investment group of employers. rates and an unskilled labor force. Act of 1998 (29 U.S.C. 2801(13)(B)) is amended Second, it is provided with a commit- While the nationwide job market is to read as follows: ‘‘(B)(i) is a low-income individual; or ment by the employer to hire the par- the strongest it has been in decades, ‘‘(ii) has been determined to meet the eligi- ticipant upon successful completion of my district struggles with an unem- bility requirements for free meals under the training. ployment rate that averages from be- Richard B. Russell National School Lunch Third, it provides employers with a tween 12 to 17 percent. I know of small Act (42 U.S.C. 1751 et. seq.) during the most reimbursement to offset a portion of pockets in my district whose unem- recent school year; and’’. the costs associated with the training. ployment rates have recently been as (b) USE OF FUNDS FOR ADULT AND DIS- Under the Workforce Investment Act, high as 44 percent. LOCATED WORKER EMPLOYMENT AND TRAINING we limited this reimbursement to just To compound this problem, labor de- ACTIVITIES.—Section 134(d)(4) of the Work- force Investment Act of 1998 (29 U.S.C. 50 percent. However, we have since mands are difficult to meet since po- 2864(d)(4)) is amended by adding at the end learned that many employers are hesi- tential workers in our region have few the following: tant to participate in these programs if any labor skills. With such drastic ‘‘(H) COORDINATION WITH UNEMPLOYMENT because of this cap. conditions, we need our local busi- COMPENSATION.—An eligible adult or dis- This legislation before us today lifts nesses to have the incentive to train located worker participating in training (ex- this cap and allows local programs to and hire people. cept for on-the-job training) shall be deemed negotiate a reasonable reimbursement There used to be programs in my dis- to be in training with the approval of the for the training provided by employers. trict through which employers would State agency in the same manner as pro- However, it maintains the requirement vided under section 314(f)(2) of the Job Train- train unskilled laborers and then hire ing Partnership Act (29 U.S.C. 1661c(f)(2)) (as that at least a portion of the cost con- them. This training comes at a cost such section was in effect on the day before tinue to be covered by the employer. that local work force development the date of the enactment of this Act).’’. The benefits of these programs are boards used to cover under the Job The SPEAKER pro tempore. Pursu- numerous. Not only do they provide Training Partnership Act. However, ant to the rule, the gentleman from employers with skilled workers, they the Workforce Investment Act now California (Mr. MCKEON) and the gen- also enhance the employability of the only allows a maximum reimburse- tleman from New Jersey (Mr. AN- training participants, who come into ment of 50 percent through what is DREWS) each will control 20 minutes. these programs because they are unem- known as the customized training pro- The Chair recognizes the gentleman ployed or on welfare or underemployed. gram. from California (Mr. MCKEON). At a time when we are considering Employers in my district cannot af- GENERAL LEAVE expanding the number of foreign work- ford to train unskilled workers if they Mr. MCKEON. Madam Speaker, I ask ers into this Nation in order to fill can only recover up to 50 percent of unanimous consent that all Members high-paying high-skilled jobs, we must their costs. If we do not change this may have 5 legislative days within work to promote efforts such as cus- law, these valuable programs will cease which to revise and extend their re- tomized training. By providing more to exist, both in my district and in marks on H.R. 4216. local flexibility in carrying out such areas throughout the country. The SPEAKER pro tempore. Is there training, this legislation accomplishes H.R. 4216 changes the Workforce In- objection to the request of the gen- that goal. vestment Act so that it does not limit tleman from California? In addition to changes made to cus- reimbursement of customized training There was no objection. tomized training, this legislation to only 50 percent. My bill allows the Mr. MCKEON. Madam Speaker, I makes two additional technical correc- local work force development board to yield myself such time as I may con- tions to the Workforce Investment Act. determine the appropriate amount that sume. The first allows youth seeking to an employer should contribute to cus- Madam Speaker, I rise in support of participate in training programs to tomized training on a case-by-case H.R. 4216, to increase the flexibility of satisfy the low-income criteria by pro- basis. customized training programs avail- viding proof that they are eligible for This change will salvage a form of able under the Workforce Investment free meals under the National School job training that has been highly effec- Act. Lunch Act. This change relieves local tive in adding to the labor force, end- First, I want to commend the gen- programs of the burden of collecting ing government dependence, and tleman from California (Mr. RADANO- additional income information from strengthening our economy. VICH) for his leadership in pushing this these youth. Madam Speaker, I encourage my col- important legislation forward. The In addition, this legislation main- leagues to support H.R. 4216. It is good economy is in good shape nationally, tains a provision from the prior Job for business, it is good for the noticed, but that prosperity has not been felt in Training Partnership Act which inad- and it is good for the economy. all of our districts. vertently dropped during the consider- Mr. ANDREWS. Madam Speaker, I For example, unemployment stands ation of the Workforce Investment Act. yield myself such time as I may con- at 15 percent in the district of the gen- This provision simply ensures the con- sume. tleman from California (Mr. RADANO- tinued coordination of job training pro- Madam Speaker, first of all, I want VICH), and he is doing something with vided under the Workforce Investment to congratulate the gentleman from this legislation to help solve that prob- Act with the unemployment compensa- California (Mr. RADANOVICH) for his at- lem for his constituents. tion system. tention to this issue. Members of Con- Two years ago we were successful in Finally, I urge all Members to sup- gress very often self-limit themselves enacting the law, the Workforce In- port the passage of this legislation. according to what committees they H8682 CONGRESSIONAL RECORD — HOUSE October 3, 2000 serve on. The gentleman from Cali- within the old economy so they can be that we believe might permit an undue fornia (Mr. RADANOVICH) is not a mem- part of that shrunken workforce at a concentration of job training funds on ber of our committee, but he took an higher level of productivity and higher one person and not require the level of interest in this issue and is addressing wages. employer contribution that ought to be a series of problems that I think need Very often that person’s plan is to be contributed. The AFL/CIO, for exam- to be addressed, and we thank him for on unemployment benefits for a while ple, has expressed this concern, and I that. and then go to school at the same time, would echo it, and I would urge the ma- We thank the gentleman from Cali- go to some kind of job training pro- jority to work with us and with the De- fornia (Mr. MCKEON) for his interest in gram at the same time, stretch their partment of Labor and those in the bringing the legislation to this point, bills during the period of time they are other body who are interested to try to and we obviously thank the gentleman on unemployment, get their training, reconcile this difference as we go for- from Pennsylvania (Chairman GOOD- and then get a new job that pays higher ward. But we shall, indeed, go forward. LING) and the ranking member, the with health benefits, and get their fam- I would commend both of my gentle- gentleman from Missouri (Mr. CLAY) on ily back on their feet. That is the way men from California, Mr. MCKEON and our side. people do it. Mr. RADANOVICH. I guess the author of We are concerned about dealing with An anomaly in the Workforce Invest- this bill is proving that we are putting the problems of a couple of people that ment Act of 1998 has made it difficult new wine in new bottles, given his would be relevant to this legislation. for people to do that because there is a background as a vintner. I must say I Then, frankly, we have some concerns question that gets raised as to whether speak as the brother-in-law of a fellow about what is in the legislation. I want or not that person can still receive his vintner, so I immediately appreciated to note each of those three points for or her unemployment benefits while the work of the gentleman from Cali- the RECORD. they are getting their job training. We fornia (Mr. RADANOVICH). I salute the First of all, we commend the fact think the answer ought to be yes; that efforts of the gentleman from Cali- that this legislation will help the if someone has a little bit of a supple- fornia (Mr. MCKEON). young person who is in school, who mental income from their unemploy- So having duly noted the concerns of wants to get job training while he or ment compensation and they are going the overconcentration of resources on a she is in school so they can take the to school and working very hard to up- few people, I would commend the posi- first step up that career ladder. grade their skills so they can move tive aspects of this bill. I thank the De- back into the workforce at a higher b partment of Labor for its input. 1645 wage, that is what they are supposed to Madam Speaker, since I have no fur- Right now the process of qualifying be doing. Those are the rules of the ther speakers, I yield back the balance for that job training requires that the game. of my time. individual prove his or her income. It is very important that what this Mr. MCHUGH. Madam Speaker, I That can be a burdensome, time-con- bill does is to clarify that that answer have no further requests for time, and suming, bureaucratic process. should, in most cases, be yes; that, in I yield back the balance of my time. What this bill says is that, if the most cases, the participation of a The SPEAKER pro tempore (Mrs. young person in question is eligible for worker in a Workforce Investment Act MORELLA). The question is on the mo- a free school lunch, they should auto- training program does not automati- tion offered by the gentleman from matically be eligible for the job train- cally disqualify him or her from receiv- California (Mr. MCKEON) that the ing. That makes sense, because it says ing unemployment benefits from the House suspend the rules and pass the that, once one filled out one set of State. There may be other factors that bill, H.R. 4216, as amended. forms with one’s income tax return or do, but the mere participation in this The question was taken; and (two- one’s parents’ income tax return, and program does not disqualify someone thirds having voted in favor thereof) once one has gone through one bureau- for unemployment benefits. the rules were suspended and the bill, cratic thicket to qualify for a school What this really does is provide a as amended, was passed. lunch, since the criteria are substan- lifeline of relief to someone at a very The title of the bill was amended so tially identical to qualify for the job difficult time in his or her life and ca- as to read: training, one ought to be able to do it reer. It is a very good idea. The Depart- ‘‘A bill to amend the Workforce Invest- ment of Labor supports it. We are glad anyway. That makes perfect sense. The ment Act of 1998 to expand the flexibility of it is in the bill, and we support it as Department of Labor supports that, customized training, and for other pur- well. poses.’’. and so do we. We are glad that it is in Let me raise one area of concern that A motion to reconsider was laid on the legislation. we do carry forward as this bill is nego- The second issue is to understand the the table. tiated between the two Chambers and f person who has been caught in the as it reaches the executive branch, and switches of this changing economy. It that is the question of the employer’s INDEPENDENT TELECOMMUNI- is indisputably true that, if one is a responsibility to match or contribute CATIONS CONSUMER ENHANCE- network analyst or a software engi- to funds for job training that are pro- MENT ACT OF 2000 neer, these are great times to be com- vided by the Federal Government. Mrs. CUBIN. Madam Speaker, I move ing out in the job market. People are We certainly understand that there to suspend the rules and pass the bill getting signing bonuses and getting re- should be flexibility for employers, (H.R. 3850) to amend the Communica- cruited by firms, and they are doing that employers that are modest in size tions Act of 1934 to promote deploy- very, very well. and have very little cash in the bank ment of advanced services and foster It is not such a great time if one is ought not to be excluded from custom the development of competition for the working at a steel mill or manufac- training because of that situation. benefit of consumers in all regions of turing plant or a coal mine or in other Very often those are the employers the Nation by relieving unnecessary manufacturing segments of our econ- that are producing most of the new burdens on the Nation’s two percent omy. In many areas of the country, in jobs in the economy. local exchange telecommunications many industries, those industries have It is important to us, however, that carriers, and for other purposes, as been shrinking. Many people find we spread these job training dollars to amended. themselves in the middle of their lives, as many people as possible. In other The Clerk read as follows: in the middle of their careers, in the words, we believe that, if there is a H.R. 3850 middle of their mortgages, in the mid- choice between using 100 percent of the dle of raising their children without a Be it enacted by the Senate and House of Rep- money to train three people or 100 per- resentatives of the United States of America in secure source of income, without a job. cent of the money to train one person, Congress assembled, These are people who most need the we should always err on the side of SECTION 1. SHORT TITLE. skills to make the jump from the old training three people rather than one. This Act may be cited as the ‘‘Independent economy to the new one, who most We do have some concerns about the Telecommunications Consumer Enhance- need the skills to upgrade themselves way the bill is drafted at this point ment Act of 2000’’. October 3, 2000 CONGRESSIONAL RECORD — HOUSE H8683 SEC. 2. FINDINGS AND PURPOSE. to incumbent local exchange carriers (within for one or more of its study areas at any (a) FINDINGS.—Congress finds the fol- the meaning of section 251(h)), the Commis- time. The Commission shall not require a lowing: sion shall separately evaluate the burden carrier making an election under this para- (1) The Telecommunications Act of 1996 that any proposed regulatory, compliance, or graph with respect to any study area or was enacted to foster the rapid deployment reporting requirements would have on two areas to make the same election for any of advanced telecommunications and infor- percent carriers. other study area. mation technologies and services to all ‘‘(b) EFFECT OF RECONSIDERATION OR WAIV- ‘‘SEC. 285. DEPLOYMENT OF NEW TELECOMMUNI- Americans by promoting competition and re- ER.—If the Commission adopts a rule that CATIONS SERVICES BY TWO PER- ducing regulation in telecommunications applies to incumbent local exchange carriers CENT COMPANIES. markets nationwide. and fails to separately evaluate the burden ‘‘The Commission shall permit two percent (2) The Telecommunications Act of 1996 that any proposed regulatory, compliance, or carriers to introduce new interstate tele- specifically recognized the unique abilities reporting requirement would have on two communications services by filing a tariff on and circumstances of local exchange carriers percent carriers, the Commission shall not one day’s notice showing the charges, classi- fications, regulations and practices therefor, with fewer than two percent of the Nation’s enforce the rule against two percent carriers without obtaining a waiver, or make any subscriber lines installed in the aggregate unless and until the Commission performs other showing before the Commission in ad- nationwide. such separate evaluation. vance of the tariff filing. The Commission (3) Given the markets two percent carriers ‘‘(c) ADDITIONAL REVIEW NOT REQUIRED.— shall not have authority to approve or dis- typically serve, such carriers are uniquely Nothing in this section shall be construed to approve the rate structure for such services positioned to accelerate the deployment of require the Commission to conduct a sepa- shown in such tariff. advanced services and competitive initia- rate evaluation under subsection (a) if the ‘‘SEC. 286. ENTRY OF COMPETING CARRIER. tives for the benefit of consumers in less rules adopted do not apply to two percent ‘‘(a) PRICING FLEXIBILITY.—Notwith- densely populated regions of the Nation. carriers, or such carriers are exempted from standing any other provision of this Act, any (4) Existing regulations are typically tai- such rules. two percent carrier shall be permitted to lored to the circumstances of larger carriers ‘‘(d) SAVINGS CLAUSE.—Nothing in this sec- deaverage its interstate switched or special and therefore often impose disproportionate tion shall be construed to prohibit any size- access rates, file tariffs on one day’s notice, burdens on two percent carriers, impeding based differentiation among carriers man- and file contract-based tariffs for interstate such carriers’ deployment of advanced tele- dated by this Act, chapter 6 of title 5, United switched or special access services imme- communications services and competitive States Code, the Commission’s rules, or any diately upon certifying to the Commission initiatives to consumers in less densely pop- other provision of law. that a telecommunications carrier unaffili- ulated regions of the Nation. ‘‘(e) EFFECTIVE DATE.—The provisions of ated with such carrier is engaged in facili- (5) Reducing regulatory burdens on two this section shall apply with respect to any ties-based entry within such carrier’s service percent carriers will enable such carriers to rule adopted on or after the date of enact- area. devote additional resources to the deploy- ment of this section. ‘‘(b) PRICING DEREGULATION.—Notwith- ment of advanced services and to competi- ‘‘SEC. 282. LIMITATION OF REPORTING REQUIRE- standing any other provision of this Act, tive initiatives to benefit consumers in less MENTS. upon receipt by the Commission of a certifi- densely populated regions of the Nation. ‘‘(a) LIMITATION.—The Commission shall cation by a two percent carrier that a local (6) Reducing regulatory burdens on two not require a two percent carrier— exchange carrier that is not a two percent percent carriers will increase such carriers’ ‘‘(1) to file cost allocation manuals or to carrier is engaged in facilities-based entry ability to respond to marketplace condi- have such manuals audited, but a two per- within the two percent carrier’s service area, tions, allowing them to accelerate deploy- cent carrier that qualifies as a class A car- the Commission shall regulate such two per- ment of advanced services and competitive rier shall annually certify to the Commis- cent carrier as non-dominant, and therefore initiatives to benefit consumers in less sion that the two percent carrier’s cost allo- shall not require the tariffing of the inter- densely populated regions of the Nation. cation complies with the rules of the Com- state service offerings of such two percent (b) PURPOSES.—The purposes of this Act mission; or carrier. are— ‘‘(2) to file Automated Reporting and Man- ‘‘(c) PARTICIPATION IN EXCHANGE CARRIER (1) to accelerate the deployment of ad- agement Information Systems (ARMIS) re- ASSOCIATION TARIFF.—A two percent carrier vanced services and the development of com- ports. that meets the requirements of subsection (a) or (b) of this section with respect to one petition in the telecommunications industry ‘‘(b) PRESERVATION OF AUTHORITY.—Except for the benefit of consumers in all regions of as provided in subsection (a), nothing in this or more study areas shall be permitted to participate in the common line tariff admin- the Nation, consistent with the Tele- Act limits the authority of the Commission istered and filed by the National Exchange communications Act of 1996, by reducing reg- to obtain access to information under sec- Carrier Association or any successor tariff or ulatory burdens on local exchange carriers tions 211, 213, 215, 218, and 220 with respect to administrator, by electing to include one or with fewer than two percent of the Nation’s two percent carriers. subscriber lines installed in the aggregate more of its study areas in such tariff. ‘‘SEC. 283. INTEGRATED OPERATION OF TWO PER- ‘‘(d) DEFINITIONS.—For purposes of this sec- nationwide; CENT CARRIERS. tion: (2) to improve such carriers’ flexibility to ‘‘The Commission shall not require any ‘‘(1) FACILITIES-BASED ENTRY.—The term undertake such initiatives; and two percent carrier to establish or maintain ‘facilities-based entry’ means, within the (3) to allow such carriers to redirect re- a separate affiliate to provide any common service area of a two percent carrier— sources from paying the costs of such regu- carrier or noncommon carrier services, in- ‘‘(A) the provision or procurement of local latory burdens to increasing investment in cluding local and interexchange services, telephone exchange switching capability; such initiatives. commercial mobile radio services, advanced and SEC. 3. DEFINITION. services (within the meaning of section 706 of ‘‘(B) the provision of local exchange serv- Section 3 of the Communications Act of the Telecommunications Act of 1996), paging, ice to at least one unaffiliated customer. 1934 (47 U.S.C. 153) is amended— Internet, information services or other en- ‘‘(2) CONTRACT-BASED TARIFF.—The term (1) by redesignating paragraphs (51) and hanced services, or other services. The Com- ‘contract-based tariff’ shall mean a tariff (52) as paragraphs (52) and (53), respectively; mission shall not require any two percent based on a service contract entered into be- and carrier and its affiliates to maintain sepa- tween a two percent carrier and one or more (2) by inserting after paragraph (50) the fol- rate officers, directors, or other personnel, customers of such carrier. Such tariff shall lowing: network facilities, buildings, research and include— ‘‘(51) TWO PERCENT CARRIER.—The term development departments, books of account, ‘‘(A) the term of the contract, including ‘two percent carrier’ means an incumbent financing, marketing, provisioning, or other any renewal options; local exchange carrier within the meaning of operations. ‘‘(B) a brief description of each of the serv- section 251(h) that has fewer than two per- ‘‘SEC. 284. PARTICIPATION IN TARIFF POOLS AND ices provided under the contract; cent of the Nation’s subscriber lines in- PRICE CAP REGULATION. ‘‘(C) minimum volume commitments for stalled in the aggregate nationwide.’’. ‘‘(a) NECA POOL.—The participation or each service, if any; SEC. 4. REGULATORY RELIEF FOR TWO PERCENT withdrawal from participation by a two per- ‘‘(D) the contract price for each service or CARRIERS. cent carrier of one or more study areas in services at the volume levels committed to Title II of the Communications Act of 1934 the common line tariff administered and by the customer or customers; is amended by adding at the end thereof a filed by the National Exchange Carrier Asso- ‘‘(E) a brief description of any volume dis- new part IV as follows: ciation or any successor tariff or adminis- counts built into the contract rate structure; ‘‘PART IV—PROVISIONS CONCERNING trator shall not obligate such carrier to par- and TWO PERCENT CARRIERS ticipate or withdraw from participation in ‘‘(F) a general description of any other ‘‘SEC. 281. REDUCED REGULATORY REQUIRE- such tariff for any other study area. classifications, practices, and regulations af- MENTS FOR TWO PERCENT CAR- ‘‘(b) PRICE CAP REGULATION.—A two per- fecting the contract rate. RIERS. cent carrier may elect to be regulated by the ‘‘(3) SERVICE AREA.—The term ‘service ‘‘(a) COMMISSION TO TAKE INTO ACCOUNT Commission under price cap rate regulation, area’ has the same meaning as in section DIFFERENCES.—In adopting rules that apply or elect to withdraw from such regulation, 214(e)(5). H8684 CONGRESSIONAL RECORD — HOUSE October 3, 2000 ‘‘SEC. 287. SAVINGS PROVISIONS. The SPEAKER pro tempore. Pursu- Just to give my colleagues an exam- ‘‘(a) COMMISSION AUTHORITY.—Nothing in ant to the rule, the gentlewoman from ple of how burdensome these reports this part shall be construed to restrict the Wyoming (Mrs. CUBIN) and the gen- are, the commission’s instructions for authority of the Commission under sections 201 through 205 and 208. tleman from Tennessee (Mr. GORDON) filing the reports are over 900 pages ‘‘(b) RURAL TELEPHONE COMPANY RIGHTS.— each will control 20 minutes. long. More often than not, the FCC, ac- Nothing in this part shall be construed to di- The Chair recognizes the gentle- cording to their own testimony, does minish the rights of rural telephone compa- woman from Wyoming (Mrs. CUBIN). not refer to these reports and, in some nies otherwise accorded by this Act, or the GENERAL LEAVE cases, simply ignores the data filed by rules, policies, procedures, guidelines, and Mrs. CUBIN. Madam Speaker, I ask the mid-size companies. standards of the Commission as of the date unanimous consent that all Members Let me be very clear, because this is of enactment of this section.’’. may have 5 legislative days within very important. The bill does nothing SEC. 5. LIMITATION ON MERGER REVIEW (a) AMENDMENT.—Section 310 of the Com- which to revise and extend their re- to restrict the commission’s authority munications Act of 1934 (47 U.S.C. 310) is marks and to include extraneous mate- to request this or any other data that amended by adding at the end the following: rial on H.R. 3850, as amended. it sees fit. ‘‘(f) DEADLINE FOR MAKING PUBLIC INTER- The SPEAKER pro tempore. Is there I want to be fair. The FCC should be EST DETERMINATION.— objection to the request of the gentle- commended for their efforts to bring ‘‘(1) TIME LIMIT.—In connection with any woman from Wyoming? some of these reporting requirements merger between two percent carriers, or the There was no objection. down to a reasonable level. They have acquisition, directly or indirectly, by a two Mrs. CUBIN. Madam Speaker, I yield made advances in their area. In fact, percent carrier or its affiliate of the securi- myself such time as I may consume. ties or assets of another two percent carrier during our hearing on this legislation, Madam Speaker, I introduced H.R. the FCC told the Committee on Tele- or its affiliate, the Commission shall make 3850 to lessen the burdens on small and any determination required by subsection (d) communications, Trade and Consumer of this section or section 214 not later than mid-size telephone companies and to Protection that it may be issuing a no- 60 days after the date an application with re- allow them to shift more of their re- tice of proposed rulemaking on the re- sources to deploying advanced tele- spect to such merger is submitted to the porting requirements for 2 percent communications services to consumers Commission. companies sometime this fall. ‘‘(2) APPROVAL ABSENT ACTION.—If the Com- in all areas of the country. The problem, though, is that the mission does not approve or deny an applica- Small and mid-size companies are agency’s time frame on issuing these tion as described in paragraph (1) by the end truly that. While the more than 1,200 proposed rules has changed like the of the period specified, the application shall small and mid-size companies serve Wyoming winds. It is time that those be deemed approved on the day after the end less than 10 percent of the Nation’s of such period. Any such application deemed obligations are met, and this legisla- lines, they cover a much larger per- approved under this subsection shall be tion would solidify what the FCC has deemed approved without conditions.’’. centage of rural markets and are lo- cated in or near most major markets in already promised to do for a long time. (b) EFFECTIVE DATE.—The provisions of In addition, I want everyone to know this section shall apply with respect to any the country. that we have bent over backwards to application that is submitted to the Commis- Some of these telephone companies sion on or after the date of enactment of this are mom and pop operations, typically accommodate many of the initial con- Act. Applications pending with the Commis- serving rural areas of the country cerns that some Members had with this sion on the date of enactment of this Act where most other carriers fear to legislation and have incorporated a shall be subject to the requirements of this tread, in high cost places where it is majority of their helpful suggestions. section as if they had been filed with the much less profitable than in more pop- And for their suggestions, I am very Commission on the date of enactment of this grateful because I think that the legis- Act. ulated areas. In 1996, Congress passed historic leg- lation has been improved. SEC. 6. TIME LIMITS FOR ACTION ON PETITIONS Some of the changes that were adopt- FOR RECONSIDERATION OR WAIVER. islation in the form of the Tele- (a) AMENDMENT.—Section 405 of the Com- communications Act. ed during the Committee on Com- munications Act of 1934 (47 U.S.C. 405) is Section 706 of the act sent a clear merce’s consideration of the bill took amended by adding to the end the following: message to the American people and to into account several technical provi- ‘‘(c) EXPEDITED ACTION REQUIRED.— the Federal Communications Commis- sions that will continue to allow the ‘‘(1) TIME LIMIT.—Within 90 days after re- sion that the deployment of new tele- FCC to do its job but in a way that still ceiving from a two percent carrier a petition communications services in rural areas ensures that small and mid-size compa- for reconsideration filed under this section nies are treated differently than the or a petition for waiver of a rule, policy, or around the country must happen other Commission requirement, the Commis- quickly and without delay. huge companies. sion shall issue an order granting or denying Unfortunately, the FCC has not made In closing, Madam Speaker, I want to such petition. If the Commission fails to act it any easier for small telephone com- state for the record what this legisla- on a petition for waiver subject to the re- panies to deploy advanced services in tion does and what it does not do. quirements of this section within this 90-day rural areas. In some cases, they have Number one, the bill does not re-open period, the relief sought in such petition actually made it more difficult. The the 1996 act. It does not fully deregu- shall be deemed granted. If the Commission reason is that the FCC, more often late 2 percent carriers. It does not im- fails to act on a petition for reconsideration pact regulations dealing with large subject to the requirements of this section than not, uses a one-size-fits-all model within this 90 day period, the Commission’s in regulating Incumbent Local Ex- local carriers. It would, however, be enforcement of any rule the reconsideration change Carriers. the first freestanding legislation that of which was specifically sought by the peti- This type of model may be fine for would modernize regulations of 2 per- tioning party shall be stayed with respect to the big companies that have the ability cent carriers. It would accelerate com- that party until the Commission issues an to hire legions of attorneys and staff to petition in many small to mid-size order granting or denying such petition. interpret and ensure compliance with markets, accelerate the deployment of ‘‘(2) FINALITY OF ACTION.—Any order issued Federal rules. However, I for one would new advanced telecommunications under paragraph (1), or any grant of a peti- rather see the small and mid-size com- services in rural areas, and benefit con- tion for waiver that is deemed to occur as a result of the Commission’s failure to act panies use their resources to deploy sumers by allowing 2 percent carriers under paragraph (1), shall be a final order new services and make investment in to redirect their resources to network and may be appealed.’’. their telecommunications infrastruc- investment and to new services. (b) EFFECTIVE DATE.—The provisions of ture. Madam Speaker, this legislation is this section shall apply with respect to any Two examples of these burdensome critical for rural areas across the coun- petition for reconsideration or petition for FCC requirements are CAM and ARMIS try where these small telephone com- waiver that is submitted to the Commission reports. These reports separately cost panies operate. Without this bill, these on or after the date of enactment of this Act. about $500,000 to compile and would 2 percent companies will continue to be Pending petitions for reconsideration or pe- titions for waiver shall be subject to the re- equate to a small telephone company burdened with this one-size-fits-all reg- quirements of this section as if they had installing a DSLAM or other facilities ulatory approach that has kept them been filed on the date of enactment of this to provide high-speed Internet services from providing rural areas with what Act. to customers in rural areas. they need most, and that is a piece of October 3, 2000 CONGRESSIONAL RECORD — HOUSE H8685 the new economy based on tele- purpose, was to deregulate the issue of Mrs. CUBIN. Madam Speaker, I yield communications. telecommunications in this country, myself such time as I may consume Madam Speaker, I want to thank but we have not deregulated the regu- and just close by saying that I sin- very sincerely the members of the lators. I commend the gentlewoman for cerely appreciate the efforts of the Committee on Commerce, the staff, bringing this bill because it attempts Committee on Commerce staff, both and my own staff for their help in mov- to take one further step in the direc- the majority and the minority, and the ing this bill. I ask my colleagues to tion of dealing with the monopolistic original cosponsors, the gentleman support this important piece of legisla- system that we have now said the bar- from Tennessee (Mr. GORDON), the gen- tion. riers must be removed from. tleman from Wisconsin (Mr. BARRETT), Madam Speaker, I reserve the bal- As long as regulations are in place and the gentleman from Mississippi ance of my time. with a one-size-fits-all approach, these (Mr. PICKERING) for their work on this b 1700 smaller providers, in this case those bill. with 2 percent or less of the providing Also, I wish to extend my thanks to Mr. GORDON. Madam Speaker, I capacity in this country, are faced with the gentleman from Massachusetts yield myself such time as I may con- regulations that really make their op- (Mr. MARKEY) and his staff, who have sume. erations sometimes prohibitive. I com- been very cooperative and have helped I rise today in support of legislation mend the gentlewoman for offering this us make changes to the legislation of which I am an original cosponsor, bill to remove these regulatory re- that make it better legislation. H.R. 3850, the Independent Tele- straints because many of these small 2 Madam Speaker, I have no further re- communications Consumer Enhance- percent or less of the carrier providers quests for time, and I yield back the ment Act. It is this type of legislation are located in States like hers and in balance of my time. that represents what can be accom- rural areas of a State like mine. They Mr. GORDON. Madam Speaker, I plished by working with Members on are the ones who need to devote their yield myself such time as I may con- both sides of the aisle to find con- funding and their resources to an infra- sume and will just quickly conclude by sensus. Working together with my col- structure development, because with- saying that I concur with the accolades league, the gentlewoman from Wyo- out that they cannot be competitive of the gentlewoman from Wyoming ming (Mrs. CUBIN), we were able to with the bigger competitors in the (Mrs. CUBIN), and would also again craft this bipartisan bill which I be- marketplace. thank her for her initiative in this lieve is a practical step that we can So I support this legislation, and I area. take this year to address the growing again thank the gentlewoman for Mr. MARKEY. Madam Speaker, I want to digital divide in our Nation’s rural yielding me this time. start off by thanking Mrs. CUBIN, Mr. GORDON, areas. Mr. GORDON. Madam Speaker, I Chairman TAUZIN, Mr. DINGELL, and Chairman H.R. 3850 provides targeted regu- yield 2 minutes to the gentleman from BLILEY for being responsive to many of the latory relief to small and midsized Wisconsin (Mr. BARRETT), a cosponsor concerns that have been raised about the un- independent telephone companies that of this legislation. derlying bill. serve fewer than 2 percent of the Na- Mr. BARRETT of Wisconsin. Madam The bill being offered today contains many tion’s phone lines. Allowing such com- Speaker, I am pleased to join my col- helpful clarifications and changes embodied in panies to devote more resources to de- leagues from the Committee on Com- it that were in response to concerns I have ploying high speed data services to merce in support of the Independent raised about the measure. I believe that in its their customers, these carriers are Telecommunications Consumer En- current form it will clarify the ability of the uniquely positioned to play a large role hancement Act. Commission to protect consumers and safe- in the development of advanced serv- Along with the gentleman from Ten- guard competitive gains in many of its provi- ices to consumers in rural and small nessee (Mr. GORDON) and the gentleman sions. communities. Unfortunately, they are from Mississippi (Mr. PICKERING), I am I would like to focus my remarks on a cou- wasting resources complying with one- an original cosponsor of the bill that ple of areas that I suggest need additional re- size-fits-all regulations originally in- was introduced by the gentlewoman finement and that I hope can be dealt with tended for the larger carriers. from Wyoming (Mrs. CUBIN) last year. prior to sending this bill to the President. H.R. 3850 would eliminate unneces- This bipartisan bill, which was ap- The first has to do with the pricing flexibility sary reporting requirements, make it proved in committee on a voice vote, and pricing deregulation provision of the bill. easier for small and midsized compa- would relax some of the FCC’s one-size- The substitute will continue to allow pricing de- nies to introduce new advanced serv- fits-all regulations for our Nation’s regulation upon the advent of facilities-based ices and give them the flexibility to small and midsized local telephone competition in a given service area. The facili- lower prices in response to competition companies; those with less than 2 per- ties-based competitor however is only required from larger companies. Finally, it cent of the Nation’s phone lines. to have at least oneÐI repeat, one sole cus- would ensure that FCC take into ac- These companies serve communities tomer. Hopefully they will have more but the count the burden on smaller businesses across the country and are poised to point is that competition may arrive, but may when it implements Federal Rules in offer broadband and other advanced not be robust or effective in constraining the future. services to customers who are often prices. Instead of spending money on com- outside the scope of the larger compa- This concern, I suggest, is heightened in plying with useless regulations, this nies. This bill will reduce paperwork those areas where a company may still be bill will allow companies to devote for the smaller companies, increase subject to rate-of-return regulation rather than more of their resources to rolling out their pricing flexibility, and allow price cap regulation. Regardless of what level new advanced services to rural commu- them to bundle services on one bill all of competition triggers pricing flexibility we nities. without reopening the 1996 Tele- must be cognizant of the serious repercus- H.R. 3850 is a common sense step we communications Act. sions that may result in situations where a car- can take to close the digital divide in In my State of Wisconsin, 81 of 83 rier remains rate of return regulated. rural areas, and I urge my colleagues companies providing local phone serv- In other words, consumers in those areas to support it. ice are classified as 2 percent compa- that are not subject to effective competition Madam Speaker, I reserve the bal- nies. By freeing these companies from and receive service from a rate-of-return com- ance of my time. portions of a regulatory system de- pany run the risk of price increases. There's Mrs. CUBIN. Madam Speaker, I yield signed with much larger companies in no guarantee that prices may go up but there 2 minutes to the gentleman from Geor- mind, we will be taking an important is certainly a risk. gia (Mr. DEAL). first step toward bridging the digital The FCC testimony with respect to this leg- Mr. DEAL of Georgia. Madam Speak- divide by allowing for increasing in- islation highlighted this risk. The FCC testi- er, I thank the gentlewoman for yield- vestment in Internet facilities in rural mony the Telecommunications Subcommittee ing me this time. and suburban areas. I urge all Members was given is as follows: In the 1996 Telecommunications Act, to support this common sense legisla- [A] grant of pricing flexibility to rate-of- one of the purposes, and the primary tion. return carriers without the implementation H8686 CONGRESSIONAL RECORD — HOUSE October 3, 2000 of protections comparable to those adopted H. CON. RES. 133 Often, colorectal cancer does not give by the FCC with regard to price cap carriers Whereas colorectal cancer is the second any symptoms until rather late in the could be particularly problematic. Rate-of- leading cause of cancer deaths in the United disease. I have been touched personally return regulation would allow such carriers States for men and women combined; by this disease, having lost a dear to raise rates on other customers sufficiently Whereas it is estimated that in 1999, 129,400 to maintain the authorized level of return new cases of colorectal cancer will be diag- friend to the disease, when had it been while they lower prices for contract cus- nosed in men and women in the United diagnosed earlier, surely it would have tomers. States; been curable. By screening for This pricing deregulation is not going to af- Whereas the disease is expected to kill colorectal cancer, cancers can be de- 56,600 individuals in this country in 1999; tected at a very early stage, when they fect directly any consumer in my congres- Whereas adopting a healthy diet at a sional district, but I would suggest to the rural are clearly curable. young age can significantly reduce the risk Several studies have shown that members of the House that they may want to of developing colorectal cancer; take another look at this pricing deregulation Whereas research has shown that a high screening for colorectal cancer by and refine it further because I believeÐand fiber, low fat diet, with minimal amounts of checking for blood in the stools reduces the FCC clearly believesÐthat it runs the risk red meat and maximum amounts of fruits death in these cancer patients by 15 to and vegetables, can significantly reduce the 30 percent. Screening for colorectal of allowing unnecessary and unjustified price risk of developing colorectal cancer; hikes. cancer is now recommended in the Whereas colorectal cancer is increasingly United States for all people over 50 The second issue I want to highlight is the diagnosed in individuals below age 50; merger review section. This section states that Whereas regular screenings can save large years or older without any symptoms any review involving a so-called 2 percent car- numbers of lives; of colorectal disease and no other risk rier must be approved or denied by the condi- Whereas the Centers for Disease Control factors. and Prevention, the Health Care Financing Colorectal cancer screening is an tion within 60 days. I understand that the com- Administration, and the National Cancer In- area in which the House Committee on panies do not want merger reviews to drag on stitute have initiated the Screen for Life Commerce has been very active. Under for years, but I would suggest that 60 days is Campaign, targeted at individuals age 50 and changes made in 1997, the Medicare too short and unrealistic. older, to spread the message of the impor- program authorized coverage of and es- While I believe the Commission is itself tance of colorectal cancer screening tests; tablished frequency limits for streamlining its process, if the majority is in- and colorectal cancer screening tests. As a sistent on having a merger review ``shot clock'' Whereas education can help inform the public of methods of prevention and symp- part of our work with the House leader- I would suggest giving the Commission a toms of early detection: Now, therefore, be it ship in coming up with a Medicare greater period of time. In addition, at our Resolved by the House of Representatives (the package we can all be proud of, the merger review hearing Commissioner Powell Senate concurring), That the Congress— Committee on Commerce reported out made what I thought was a reasonable sug- (1) recognizes— provisions in H.R. 5291, the Beneficiary gestion. He noted that often companies will (A) the severity of the issue of colorectal Improvement and Protection Act, that amend their initial applications, often late in a cancer; would give consumers more choices and review and after public comment. He sug- (B) the preventable nature of the disease; (C) the importance of the Screen for Life control in the kind of colorectal cancer gested some flexibility for the FCC to extend Campaign; and screening services they can choose. The the review. (2) calls on health educators, elected offi- provision would permit an individual I would suggest, therefore, something that cials, and the people of the United States— to elect to receive a screening would allow a one-time extension if a majority (A) to broaden the message of the Screen colonoscopy, which is more expensive of the Commission voted to extend the re- for Life Campaign to reach all individuals; but more thorough, instead of a screen- viewÐof if the filing company itself requested and ing sigmoidoscopy. an extension. I think this is a more reasonable (B) to learn about colorectal cancer and its There are many other fine provisions way to proceed because in my view 60 days preventive nature, and learn to recognize the risk factors and symptoms which enable in H.R. 5291 that would go a long way is frankly too short a time and does not suffi- early detection and treatment. to improving the life for those Ameri- ciently protect the public interest. The SPEAKER pro tempore. Pursu- cans on Medicare facing an uncertain I hope we can continue our dialogue about ant to the rule, the gentlewoman from future of colorectal cancer. these issues and others and make additional Wyoming (Mrs. CUBIN) and the gen- Madam Speaker, I thank the cospon- changes as we proceed on this bill in the fu- tleman from Ohio (Mr. BROWN) each sors of House Concurrent Resolution ture. Thank you. 133 for their leadership on this issue Mr. GORDON. Madam Speaker, I will control 20 minutes. The Chair recognizes the gentle- and in cancer awareness in general, and have no further requests for time, and woman from Wyoming (Mrs. CUBIN). I urge my colleagues to pass this reso- I yield back the balance of my time. lution on the floor today. The SPEAKER pro tempore (Mrs. GENERAL LEAVE Mrs. CUBIN. Madam Speaker, I ask Madam Speaker, I reserve the bal- MORELLA). The question is on the mo- unanimous consent that all Members ance of my time. tion offered by the gentlewoman from may have 5 legislative days within Mr. BROWN of Ohio. Madam Speak- Wyoming (Mrs. CUBIN) that the House which to revise and extend their re- er, I yield myself such time as I may suspend the rules and pass the bill, marks and include extraneous material consume. H.R. 3850, as amended. on House Concurrent Resolution 133, Madam Speaker, colon and rectal The question was taken; and (two- now under consideration. cancers are the second leading cause of thirds having voted in favor thereof) The SPEAKER pro tempore. Is there cancer-related deaths in the United the rules were suspended and the bill, objection to the request of the gentle- States. This year alone, more than as amended, was passed. woman from Wyoming? 130,000 Americans will be diagnosed A motion to reconsider was laid on There was no objection. with colon cancer and colorectal can- the table. Mrs. CUBIN. Madam Speaker, I yield cer. Ninety percent of these cancers myself such times as I may consume. f occur in people over the age of 50. Six Madam Speaker, I rise in support of percent of people age 75 to 80 have had House Concurrent Resolution 133, colorectal cancer at some point in RECOGNIZING SEVERITY OF which recognizes the importance of their life; one out of 16. DISEASE OF COLON CANCER preventing deaths from colorectal can- The good news is that the odds of Mrs. CUBIN. Madam Speaker, I move cer. Colorectal cancer is the second beating colorectal cancer go up signifi- to suspend the rules and agree to the most common cause of cancer deaths in cantly with early detection. With that concurrent resolution (H. Con. Res. 133) the United States. About 56,500 people in mind, the American Cancer Society recognizing the severity of the disease die from colorectal cancer each year in recently updated its screening guide- of colon cancer, the preventable nature the United States. The chance of cure lines to increase early detection. In ad- of the disease, and the need for edu- is clearly related to the stage of the dition, Medicare has expanded coverage cation in the areas of prevention and disease. Early cancers have an excel- of screening tests. early detection, and for other purposes. lent prognosis, while advanced cancers It is hoped these changes, along with The Clerk read as follows: have a poor prognosis. new screening methods being tested, October 3, 2000 CONGRESSIONAL RECORD — HOUSE H8687 will prompt more people to talk with they do develop a small tumor, still H. Con. Res. 133 recognizes the sever- their doctor about screening. These are when they begin having symptoms, and ity of the disease of colon cancer, the positive steps, but we clearly have let me stress that in the early stages, preventable nature of the disease and more to do. In many ways we are just there are no symptoms that are detect- the need for education in the areas of starting to spread the word about colon able. So you cannot rely on waiting prevention and early detection. The cancer. around for symptoms to develop. That consideration of this resolution comes Madam Speaker, I fully support pas- is why we need screening, and that is in time for a very special event which sage of this resolution. I thank the why everyone over the age of 50 ought will occur this Sunday, October 8, on gentleman from Virginia (Mr. MORAN) to have screening. the mall in Washington. I am speaking for his good work on this resolution, But suppose that they are not of the first-ever 5K WebMD Rock ’n and this resolution affirms our com- screened. Suppose they develop a small Race to Fight Colon Cancer. Katie mitment to fight this disease until we tumor. Then there are two things that Couric, who suffered the loss of her eliminate it. happen. They have a discharge of husband to this disease, is the founder At the same time, while this Con- blood, and it can be something that can of this event. This walk will bring to- gress again today passes a resolution be seen but oftentimes it is micro- gether people from across the country exhorting people to get tested, exhort- scopic. They also have a change in who want to show their support for vic- ing early detection and education and their bowel movements or their bowel tims, survivors, family members, and all the things that we need to do, this habits, diarrhea, constipation, change friends who have been touched by colon in frequency, change in size. These are Congress has again failed to pass pre- cancer. scription drug legislation; it has again early warning signs. Unfortunately in Colon cancer is the number two cause failed to pass Ryan White; it has again this country even when people detect of cancer death for both men and blood in their stool, even when they failed to pass a Patient’s Bill of Rights, women combined. However, it is also have a change of bowel habits, they and failed to provide funding for breast one of the most preventable of cancers. often do not do anything. They are not and cervical treatment, precancer In fact, when detected early, colon can- screened. cer is 90 percent curable. In the United treatment, which is a cruel hoax on Now, let us suppose that they imme- States, as the gentleman from Ala- those without insurance who have been diately respond; they go to their doc- bama (Mr. BACHUS tested and screened for breast and cer- tor, and there is a small growth there. ) said, more than vical cancer and, where it has been de- They quickly go in. If they are fortu- 130,000 new cases of colorectal cancer tected that they actually have cancer, nate to have caught it in that stage are expected to be diagnosed and about there is no money for the actual treat- and responded immediately and it is 56,300 people will die from the disease ment. still a small growth, their chances of this year. I guess that was the gen- Madam Speaker, I support H. Con. surviving are still above 90 percent. tleman from Ohio (Mr. BROWN) that Res. 133; and I urge its adoption. But, sadly, all too often even when shared those statistics with us and Madam Speaker, I reserve the bal- there are all sorts of signs, people do those are absolutely accurate. ance of my time. not do that. And in the second stage, Many people are not aware of the Mrs. CUBIN. Madam Speaker, I yield their chances of survival are only 75 prevalence and seriousness of such time as he may consume to the percent. And in the later stages only 5 colorectal cancer in men and women gentleman from Alabama (Mr. BACH- percent. It is so important that we re- because the issue has not been freely US). ceive screening to prevent even the de- discussed. Colorectal cancer is highly Mr. BACHUS. Madam Speaker, we velopment of cancer as in my case, or preventable through primary preven- use a lot of figures; we talk about mil- the early treatment. Unfortunately, tion strategies, such as diet, nutrition lions of people, we talk about a half people that wait too long, even those and exercise. In fact, adopting a million people dying. I want to talk that survive, often have a change in healthy diet at a young age can signifi- about a city of 100,000 people. In a city their bowel or their bladder functions cantly reduce the risk of even devel- of 100,000 people, 50 people this year or in their sexual functions by simply oping colorectal cancer at any point in will develop colorectal cancer. Now, of waiting too long, or by failing to have your life. Research has shown that a those people, most all of them, if not these simple tests that cost very little high-fiber, low-fat diet with minimal all of them, have precancerous growths and can be performed in a doctor’s of- amounts of red meat and maximum or polyps, and those polyps are in their fice. amounts of fruits and vegetables can rectum or colon, what we used to call I commend those who brought this significantly reduce the risk of devel- the large bowel, for some time. Many resolution. I am glad to join as a co- oping colorectal cancer. years. In fact, I was examined and they sponsor. I simply say to Americans out In addition to a healthy diet, regular found a polyp and they removed the there over the age of 50, you are at risk screenings can save many of these polyp. for developing colorectal cancer; but it lives. The Centers for Disease Control Now, there are screening tests avail- can be prevented, and it can be treated. and Prevention, the Health Care Fi- able today where these precancerous It just depends on every person and nancing Administration, the National growths can be found. They are very every family’s commitment to respond- Cancer Institute, have initiated a simple tests. One is an occult blood ing, to taking these tests which are Screen for Life campaign targeted at test, which finds microscopic blood, available. And it was so important that individuals age 50 and older to spread and they can easily be found. And if an this Congress made available to our the message of the importance of individual is screened, and if these pol- citizens the right to protect their colorectal cancer screening tests. We yps are found, they can easily be re- health and to protect their bodies and need to broaden the message of this moved and it reduces the chances of to preserve their health by providing Screen for Life campaign to reach all getting colorectal cancer by 90 percent. this service. individuals and to save many of their The national polyp study showed that. Mr. BROWN of Ohio. Madam Speak- lives. So our first defense against this dis- er, I yield 5 minutes to the gentleman As of today, 41 bipartisan Members ease that costs so many lives is simply from Virginia (Mr. MORAN). have cosponsored this resolution which that people over the age of 50, all our Mr. MORAN of Virginia. Madam seeks to raise awareness of colorectal citizens, should go in and discuss with Speaker, I want to thank my colleague cancer. Colon cancer is a preventable their doctors screening. and friend, the gentleman from Ohio disease. Colon cancer is a treatable dis- (Mr. BROWN), and the gentlewoman ease. We need to at least do our part in b 1715 from Wyoming (Mrs. CUBIN) and my co- spreading this message by passing this Their chances will be reduced imme- sponsor of the resolution, the gen- resolution. diately by 90 percent of even devel- tleman from Alabama (Mr. BACHUS), I thank my colleagues for the oppor- oping a small tumor. But let us just and the other cosponsors as well. I also tunity to consider H. Con. Res. 133. I suppose that these 50 out of 100,000 peo- want to thank the gentleman from Vir- urge my colleagues to support this bi- ple that would have developed cancer ginia (Mr. BLILEY) for letting this come partisan resolution and to join their do not go in. If they do not go in and up on the floor today. constituents who will be coming to H8688 CONGRESSIONAL RECORD — HOUSE October 3, 2000 Washington this weekend for the cle manufacturer, importer, or distributor It is our turn to amend the Federal WebMD Rock ’n Race. sells motor vehicles to any other person for Arbitration Act and return some of the Mr. BROWN of Ohio. Madam Speak- resale to an ultimate purchaser and author- power back to the States. In my home er, I have no further requests for time, izes such other person to repair and service State of California, there are numerous the manufacturer’s motor vehicles. and I yield back the balance of my ‘‘(b) Whenever a motor vehicle franchise State laws that cover motor vehicle time. contract provides for the use of arbitration franchise contracts and sufficient Mrs. CUBIN. Madam Speaker, I yield to resolve a controversy arising out of or re- State forums to hear the legal disputes myself such time as I may consume. lating to the contract, arbitration may be that may arise from these agreements. The subject that H. Con. Res. 133 ad- used to settle such controversy only if after However, California’s efforts to pre- dresses is not a pleasant issue to dis- such controversy arises both parties consent serve the right of its auto franchisees cuss, but something that is much, in writing to use arbitration to settle such to obtain a fair hearing for claims much, much less pleasant, which is controversy. ‘‘(c) Whenever arbitration is elected to set- brought under the California franchise horrible, in fact, is to be notified that tle a dispute under a motor vehicle franchise investment law have been preempted someone you love has colorectal cancer contract, the arbitrator shall provide the by Federal law. Because State laws to and had they been diagnosed earlier, parties to the contract with a written expla- provide auto dealer protections are had they gone in earlier, it would have nation of the factual and legal basis for the currently prohibited, it is now appro- been curable but now it is not. award.’’. priate to revisit this issue. I think generally men have a harder (b) TECHNICAL AND CONFORMING AMEND- Madam Speaker, many vehicle manu- MENT.—The table of sections for chapter 1 of time dealing with issues like this, and facturers already have inserted manda- so I would like to really express my title 9, United States Code, is amended by adding at the end the following: tory binding arbitration clauses in thanks to the gentlemen here today ‘‘17. Motor vehicle franchise contracts.’’. their standard dealer agreements. With who have brought this issue up and broad power to unilaterally amend have spoken on behalf of it, because it SEC. 3. EFFECTIVE DATE. The amendments made by section 2 shall their dealer agreements without dealer is a disease that is curable in most apply to contracts entered into, amended, al- input at any point, every manufacturer cases. I truly thank the gentleman tered, modified, renewed, or extended after could force mandatory binding arbitra- from Ohio (Mr. BROWN), the gentleman the date of enactment of this Act. tion on its dealers tomorrow. from Virginia (Mr. MORAN), and the The SPEAKER pro tempore. Pursu- Madam Speaker, I would like to gentleman from Alabama (Mr. BACHUS) ant to the rule, the gentlewoman from thank the gentleman from Illinois (Mr. for their leadership on behalf of men California (Mrs. BONO) and the gen- HYDE) for his leadership and the gen- and women as well. tleman from Michigan (Mr. CONYERS) tleman from Massachusetts (Mr. Madam Speaker, I yield back the bal- each will control 20 minutes. DELAHUNT) for his dedication to see ance of my time. The Chair recognizes the gentle- this legislation passed into law. It has The SPEAKER pro tempore (Mrs. woman from California (Mrs. BONO). been with his hard work and bipartisan MORELLA). The question is on the mo- GENERAL LEAVE spirit that this bill has made it to the tion offered by the gentlewoman from Mrs. BONO. Madam Speaker, I ask floor of the House today. I would also Wyoming (Mrs. CUBIN) that the House like to take this opportunity to thank suspend the rules and agree to the con- unanimous consent that all Members may have 5 legislative days to revise the gentleman from Pennsylvania (Mr. current resolution, House Concurrent GEKAS), the subcommittee chairman, Resolution 133. and extend their remarks and include extraneous material on the bill under for his effort and leadership on this The question was taken; and (two- issue. The gentleman from Pennsyl- thirds having voted in favor thereof) consideration. The SPEAKER pro tempore. Is there vania has been a true leader in the the rules were suspended and the con- Subcommittee on Commercial and Ad- current resolution was agreed to. objection to the request of the gentle- woman from California? ministrative Law since I have been a A motion to reconsider was laid on Member, and I have appreciated his the table. There was no objection. Mrs. BONO. Madam Speaker, I yield counsel and friendship in my 2 years on f myself such time as I may consume. this committee. MOTOR VEHICLE FRANCHISE CON- Madam Speaker, I rise today in sup- I would like to thank Jim Hall on my TRACT ARBITRATION FAIRNESS port of my legislation that will correct staff and Chris Katopis and Ray ACT OF 2000 unfair auto dealer franchise agree- Smietanka on the Judiciary staff as well. Mrs. BONO. Madam Speaker, I move ments that are purposefully written in Madam Speaker, I reserve the bal- to suspend the rules and pass the bill favor of the manufacturer. With over ance of my time. (H.R. 534) to amend chapter 1 of title 9 250 cosponsors, this Congress has real- Mr. CONYERS. Madam Speaker, I of the United States Code to permit ized that America’s community auto yield myself such time as I may con- each party to certain contracts to ac- dealers are in a unique position in fran- sume. cept or reject arbitration as a means of chise law and that relief is needed. settling disputes under the contracts, In 1925, Secretary of Commerce Her- (Mr. CONYERS asked and was given as amended. bert Hoover said of the Federal Arbi- permission to revise and extend his re- The Clerk read as follows: tration Act that was recently passed by marks.) Be it enacted by the Senate and House of Rep- Congress, ‘‘If the bill proves to have Mr. CONYERS. Madam Speaker, I rise in resentatives of the United States of America in some defects, and we know most legis- strong support of this very important measure Congress assembled, lative measures do, it might well, by which would amend the Federal Arbitration Act SECTION 1. SHORT TITLE. reason of the emergency, be passed and to permit parties to automobile manufacturers This Act may be cited as the ‘‘Motor Vehi- amended later in the light of further and automobile dealer agreements to accept cle Franchise Contract Arbitration Fairness experience.’’ It is the result of ‘‘further or reject arbitration of disputes. Essentially, Act of 2000’’. experience’’ that brings us to amend H.R. 534 prohibits binding arbitration in con- SEC. 2. ELECTION OF ARBITRATION. the Federal Arbitration Act today. tracts between automobile manufacturers and (a) MOTOR VEHICLE FRANCHISE CON- Current business practice is that automobile dealers. TRACTS.—Chapter 1 of title 9, United States both the auto dealer and the manufac- This legislation deals with an increasing Code, is amended by adding at the end the turer go through a process of manda- following: problem of motor vehicle manufacturers forc- tory binding arbitration in the case of ing small business automobile and truck deal- ‘‘§ 17. Motor vehicle franchise contracts a legal dispute. Unlike other forms of ers into non-negotiated agreements containing ‘‘(a) For purposes of this section, the legal resolution, the auto dealer arbi- mandatory binding arbitration clauses. As a re- term— tration process has no jury, no rules of ‘‘(1) ‘motor vehicle’ has the meaning given sult of these clauses, binding arbitration be- such term under section 30102(6) of title 49; evidence or appeals process. H.R. 534, comes the sole remedy for resolving disputes and however, would simply make this man- between the manufacturer and the dealer. Al- ‘‘(2) ‘motor vehicle franchise contract’ datory binding arbitration in motor ve- though arbitration is a valuable form of alter- means a contract under which a motor vehi- hicle franchise contracts voluntary. native dispute resolution, when its use is October 3, 2000 CONGRESSIONAL RECORD — HOUSE H8689 forced upon automobile dealers, they are de- nities in ways that cannot be measured into binding arbitration against their nied use of courts and other state forums oth- in terms of dollars and cents. will. I urge my colleagues to pass this erwise available to resolve such disputes. It is the local dealer who sponsors bill. Such restrictive contractual terms are fre- the little league team; it is the local Mr. GEKAS. Mr. Speaker, the Judiciary quently proffered to the dealer on a ``take it or auto dealer who funds the after-school Committee has reported H.R. 534, a bill that leave it'' basis with the threat of loss of manu- programs, and church picnics, and food allows parties who have signed motor vehicle facturer support for the dealer. banks, and domestic violence shelters. franchise contracts containing arbitration H.R. 534 responds to this problem by allow- It is the local auto dealer who is often clauses to accept or reject arbitration as a ing the use of arbitration as a method to settle the president of the local chamber of means of settling their contractual disputes. contract controversies if both parties consent commerce and also the chairman of the Arbitration is an increasingly common form in writing. This would ensure that dealers are United Way. of dispute settlement where parties submit not forced to give up their legal rights to obtain The people we are talking about are their contractual claims for resolution by a or maintain their business. In addition, this leg- an integral part of the fabric of our neutral arbitrator. Arbitration and other forms islation will send a strong message regarding communities. They are truly a main- of alternative dispute resolution have greatly the inequitableness of mandatory binding arbi- stay of the American way of life, and reduced formal litigation costs while providing tration and will act as an incentive for broader they are slowly, inexorably being parties with a fair, efficient, and timely venue legislation that prohibits mandatory arbitration squeezed out by economic forces that to resolve their disputes. contract clauses for consumers as well. they cannot control, but by forces we Some parties, however, claim that arbitra- Requiring dealers to agree to mandatory can control. tion may be burdensome and unfair. Motor ve- We have heard a lot about binding arbitration as a condition of obtaining, hicle dealers in particular have complained globalization lately, and many of us renewing, or maintaining their dealership is that manufacturers use superior bargaining are frustrated by our inability to tem- contrary to fundamental fairness. The intent of power to require that they accept nonnego- per its negative effects on the health of this proposed legislation is to make arbitration tiable franchise contracts containing binding our communities. The use by large cor- of disputes between dealers and manufactur- arbitration clauses. These mandatory arbitra- porations of unfair, unbalanced fran- ers absolutely voluntary and I support it whole- tion clauses place dealers in the position of chise agreements is only one of those heartedly. having to forego state legal protections de- effects; but it is one that we can ad- Madam Speaker, I yield such time as signed to remedy the bargaining imbalance dress, and we do it with this bill. between dealers and manufacturers. H.R. 534 he may consume to the gentleman Some have complained that the bill ELAHUNT addresses this concern by allowing dealers or from Massachusetts (Mr. D ). does not go far enough, that consumers Mr. DELAHUNT. I thank the gen- and other segments of the small busi- manufacturers to reject arbitration and seek tleman for yielding me this time. ness community deserve comparable legal relief for breach of contract. Since passage of the Federal Arbitration Act Madam Speaker, I rise in support of attention. Well, they are right, but in 1925, the Congress has unequivocally en- H.R. 534. I particularly want to com- that is not an argument against this mend my friend and colleague, the gen- bill. It is an argument, in fact, in favor couraged alternative dispute resolution. We tlewoman from California, for her au- of it. But by passing H.R. 534 we will be will continue to do so. However, we must also thorship and her fine work on this very raising the bar for what constitutes periodically examine the efficacy of binding ar- significant bill before us. This bill is fair dealing in all commercial relation- bitration clauses in exceptional circumstances about fairness, the most American of ships and setting a precedent that will to ensure that arbitration continues to serve as virtues, if you will. It is really, truly ultimately lead to greater fairness and a fair and efficient alternative to formal litiga- about preserving local businesses that greater freedom for all. tion. H.R. 534 addresses one such exceptional are a cornerstone in our communities. Again, I conclude by thanking the circumstance, and I urge your support of the b 1730 sponsor of this bill for her outstanding bill. work, and urge its enactment. Mr. PASCRELL. Mr. Speaker, I am pleased For small business, arbitration is Mr. CONYERS. Mr. Speaker, I yield to rise today in support of H.R. 534. often an effective alternative to going such time as he may consume to the This legislation is designed to specifically to court to settle disputes, and where gentleman from Wisconsin (Mr. BAR- help automobile dealers, but it is also legisla- arbitration is in their interests, sen- RETT). tion that will help consumers and our commu- sible business people will generally Mr. BARRETT of Wisconsin. Mr. nities at large. agree to do that. But they do not need Speaker, I rise today in strong support There are 700 new automobile retail busi- to be coerced. Chances are that when of H.R. 534, the Fairness and Voluntary nesses throughout New Jersey. Dealerships coercion is involved, it is because the Arbitration Act. I am proud to be one are located on every highway, and in almost party with greater leverage stands to of the 252 cosponsors this bill intro- every downtown area throughout the state. I gain from a procedure that deprives the duced by the gentlewoman from Cali- know driving down Route 46, and Route 23, other party of its rights and remedies fornia (Mrs. BONO), and I congratulate and on other roads, I see dozens of these under State law, laws that were en- her for taking the leadership on this businesses that are contributing to the better- acted to protect the less powerful from issue. ment of Northern New Jersey. predatory practices. H.R. 534 would correct what many of These small businesses serve as important By passing H.R. 534, we can level the us see as a serious problem. When dis- parts of the community. You can see their playing field, so that both the manu- putes arise between automobile manu- names on the backs of youth sports league facturer and the dealer are free to ne- facturers and dealers, the manufactur- jerseys and they always provide funds to civic gotiate dispute resolution procedures ers are able to enforce mandatory arbi- events and fundraising drives. that are truly voluntary and truly in tration provisions in their contracts. It is time we in Congress give back on be- their mutual interest. Some have Quite simply, this bill would specify half of our communities, and do something to charged that this interferes with free- that binding arbitration is an option resolve an inequity and promote fairness in dom of contract. Nothing could be fur- only if both sides agree to go in that the automobile industry. ther from the truth, unless you define direction. H.R. 534 merely makes binding arbitration ‘‘freedom of contract’’ as the freedom The relationship between automobile in dealer/manufacturer disputes a voluntary of giant multinational auto makers to manufacturers and dealers has often option. This is needed legislation to help a impose one-sided, take-it-or-leave-it been one-sided over the years, with segment of the small business community that contracts on small, locally owned deal- manufacturers enjoying substantial needs our help. erships. bargaining advantages over dealers, We must pass this legislation for not only Let us pause and remember who many of whom are small businesses. business owners, but for their employees as these local dealers are. They are the Dealers often have no choice but to well. people who sustain our local econo- sign a contract that includes manda- Automotive retailing in New Jersey accounts mies, who offer valuable goods and tory binding arbitration, further erod- for the direct employment of almost 45 thou- services to consumers and provide jobs, ing their rights. sand workers. There are also 24 thousand and they pay taxes. They are the peo- This is an issue of fairness for small workers who indirectly owe their jobs to these ple who contribute to their commu- businesses, who should not be forced businesses in the Garden State. That is 67 H8690 CONGRESSIONAL RECORD — HOUSE October 3, 2000 thousand workers who will see the benefits the rules were suspended and the bill, courts would also be improved by the identi- this legislation provides. as amended, was passed. fication and implementation of projects de- This legislation is also of great benefit to the The title of the bill was amended so signed to eliminate the backlog of abuse and consumer, who as we all know, is always as to read: ‘‘A bill to amend chapter 1 neglect cases, including the temporary hir- ing of additional judges, extension of court looking to get the best possible deal on a car. of title 9, United States Code, to pro- hours, and other projects designed to reduce H.R. 534 promotes competition in an already vide for greater fairness in the arbitra- existing caseloads. very competitive industry, yielding the best tion process relating to motor vehicle (8) The administrative efficiency and effec- prices for dealers, and these deals can be franchise contracts.’’. tiveness of the Nation’s abuse and neglect passed onto the consumer. A motion to reconsider was laid on courts would be further strengthened by im- As a member of the House Small Business the table. proving the quality and availability of train- Committee, I am always looking to help small f ing for judges, court personnel, agency attor- businesses succeed and grow. Small business neys, guardians ad litem, volunteers who STRENGTHENING ABUSE AND participate in court-appointed special advo- is the engine that has brought our economy to NEGLECT COURTS ACT OF 2000 cate (CASA) programs, and attorneys who where it is today. represent the children and the parents of This legislation will help one group of small Mr. HYDE. Mr. Speaker, I move to children in abuse and neglect proceedings. businesses in their pursuit of economic suc- suspend the rules and pass the Senate (9) While recognizing that abuse and ne- cess. I am pleased to be a cosponsor of this bill (S. 2272) to improve the adminis- glect courts in this country are already com- bill and support it on the floor. trative efficiency and effectiveness of mitted to the quality administration of jus- Mr. NADLER. Mr. Speaker, today we con- the Nation’s abuse and neglect courts tice, the performance of such courts would sider legislation intended to protect automobile and for other purposes consistent with be even further enhanced by the development dealers against binding arbitration clauses in the Adoption and Safe Families Act of of models and educational opportunities that reinforce court projects that have already contracts with manufacturers and franchisers. 1997. The Clerk read as follows: been developed, including models for case- Although it was narrowed in Subcommittee to flow procedures, case management, represen- cover only one industry, it is an important and S. 2272 tation of children, automated interagency necessary step, one for which the testimony Be it enacted by the Senate and House of Rep- interfaces, and ‘‘best practices’’ standards. we received in the Judiciary Committee cer- resentatives of the United States of America in (10) Judges, magistrates, commissioners, tainly makes the case. Congress assembled, and other judicial officers play a central and Too often, these businesses are presented SECTION 1. SHORT TITLE. vital role in ensuring that proceedings in our with contracts on a take-it-or-leave-it basis. If This Act may be cited as the ‘‘Strength- Nation’s abuse and neglect courts are run ef- ening Abuse and Neglect Courts Act of 2000’’. ficiently and effectively. The performance of they do not accept the contract, with the bind- those individuals in such courts can only be ing arbitration clause, they risk losing their SEC. 2. FINDINGS. Congress finds the following: further enhanced by training, seminars, and franchise and with it years of investment, both (1) Under both Federal and State law, the an ongoing opportunity to exchange ideas financial and the hard work they and their fam- courts play a crucial and essential role in with their peers. ilies have put into the business. That is a pret- the Nation’s child welfare system and in en- (11) Volunteers who participate in court- ty coercive situation and one which most suring safety, stability, and permanence for appointed special advocate (CASA) programs members of this House rightly view as con- abused and neglected children under the su- play a vital role as the eyes and ears of abuse tracts of adhesion. pervision of that system. and neglect courts in proceedings conducted (2) The Adoption and Safe Families Act of by, or under the supervision of, such courts Moreoever, binding arbitration often de- and also bring increased public scrutiny of prives these businesses of their rights under 1997 (Public Law 105–89; 111 Stat. 2115) estab- lishes explicitly for the first time in Federal the abuse and neglect court system. The Na- State law, and their due process rights in law that a child’s health and safety must be tion’s abuse and neglect courts would benefit court. Under certain circumstances, binding ar- the paramount consideration when any deci- from an expansion of this program to cur- bitration even threatens some contractual pro- sion is made regarding a child in the Na- rently underserved communities. tections. tion’s child welfare system. (12) Improved computerized case-tracking Prohibiting this kind of unconscionable coer- (3) The Adoption and Safe Families Act of systems, comprehensive training, and devel- cion is appropriate and I plan to support it. 1997 promotes stability and permanence for opment of, and education on, model abuse In addition to leaving other businesses ex- abused and neglected children by requiring and neglect court systems, particularly with timely decision-making in proceedings to de- respect to underserved areas, would signifi- posed, this bill fails to protect individual con- cantly further the purposes of the Adoption sumers who also suffer violations of their termine whether children can safely return to their families or whether they should be and Safe Families Act of 1997 by reducing the rights under binding arbitration clauses in moved into safe and stable adoptive homes average length of an abused and neglected service agreements with sellers, and in credit or other permanent family arrangements child’s stay in foster care, improving the agreements. During our hearing one witness outside the foster care system. quality of decision-making and court serv- for the auto dealers did admit that some deal- (4) To avoid unnecessary and lengthy stays ices provided to children and families, and ers use these clauses in their contracts with in the foster care system, the Adoption and increasing the number of adoptions. their customers. Safe Families Act of 1997 specifically re- SEC. 3. DEFINITIONS. Clearly this is a situation which also needs quires, among other things, that States In this Act: to be remedied. Now that the House has en- move to terminate the parental rights of the (a) ABUSE AND NEGLECT COURTS.—The term parents of those children who have been in ‘‘abuse and neglect courts’’ means the State dorsed this fundamental protection for auto- foster care for 15 of the last 22 months. and local courts that carry out State or local mobile dealers, I hope that the same concern (5) While essential to protect children and laws requiring proceedings (conducted by or which animates the bipartisan support for this to carry out the general purposes of the under the supervision of the courts)— legislation will help bring that bill into law as Adoption and Safe Families Act of 1997, the (1) that implement part B and part E of well. accelerated timelines for the termination of title IV of the Social Security Act (42 U.S.C. So while I do not believe this legislation parental rights and the other requirements 620 et seq.; 670 et seq.) (including preliminary goes far enough, it is an important step to pro- imposed under that Act increase the pressure disposition of such proceedings); tect small businesses and I urge its passage. on the Nation’s already overburdened abuse (2) that determine whether a child was Mr. CONYERS. Mr. Speaker, I have and neglect courts. abused or neglected; (6) The administrative efficiency and effec- (3) that determine the advisability or ap- no further requests for time, and I tiveness of the Nation’s abuse and neglect propriateness of placement in a family foster yield back the balance of my time. courts would be substantially improved by home, group home, or a special residential Mrs. BONO. Mr. Speaker, I have no the acquisition and implementation of com- care facility; or further requests for time, and I yield puterized case-tracking systems to identify (4) that determine any other legal disposi- back the balance of my time. and eliminate existing backlogs, to move tion of a child in the abuse and neglect court The SPEAKER pro tempore (Mr. abuse and neglect caseloads forward in a system. OSE). The question is on the motion of- timely manner, and to move children into (b) AGENCY ATTORNEY.—The term ‘‘agency fered by the gentlewoman from Cali- safe and stable families. Such systems could attorney’’ means an attorney or other indi- also be used to evaluate the effectiveness of vidual, including any government attorney, fornia (Mrs. BONO) that the House sus- such courts in meeting the purposes of the district attorney, attorney general, State at- pend the rules and pass the bill, H.R. amendments made by, and provisions of, the torney, county attorney, city solicitor or at- 534, as amended. Adoption and Safe Families Act of 1997. torney, corporation counsel, or privately re- The question was taken; and (two- (7) The administrative efficiency and effec- tained special prosecutor, who represents the thirds having voted in favor thereof) tiveness of the Nation’s abuse and neglect State or local agency administrating the October 3, 2000 CONGRESSIONAL RECORD — HOUSE H8691 programs under parts B and E of title IV of (D) In the case of an application that is (III) the number of courts that conduct or the Social Security Act (42 U.S.C. 620 et seq.; submitted by a State court, a description of supervise the proceeding for the duration of 670 et seq.) in a proceeding conducted by, or how the proposed system will integrate with the abuse and neglect case; under the supervision of, an abuse and ne- a State court improvement plan funded (IV) the number of judges assigned to the glect court, including a proceeding for termi- under section 13712 of such Act if there is proceeding for the duration of the abuse and nation of parental rights. such a plan in the State. neglect case; and (V) the number of agency attorneys, chil- SEC. 4. GRANTS TO STATE COURTS AND LOCAL (E) After consultation with the State agen- COURTS TO AUTOMATE THE DATA cy responsible for the administration of dren’s attorneys, parent’s attorneys, guard- COLLECTION AND TRACKING OF parts B and E of title IV of the Social Secu- ians ad litem, and volunteers participating PROCEEDINGS IN ABUSE AND NE- rity Act (42 U.S.C. 620 et seq.; 670 et seq.)— in a court-appointed special advocate GLECT COURTS. (i) a description of the coordination of the (CASA) program assigned to the proceeding (a) AUTHORITY TO AWARD GRANTS.— proposed system with other child welfare during the duration of the abuse and neglect (1) IN GENERAL.—Subject to paragraph (2), data collection systems, including the State- case. the Attorney General, acting through the Of- wide automated child welfare information (J) A description of how the proposed sys- fice of Juvenile Justice and Delinquency system (SACWIS) and the adoption and fos- tem will reduce the need for paper files and Prevention of the Office of Justice Programs, ter care analysis and reporting system ensure prompt action so that cases are ap- shall award grants in accordance with this (AFCARS) established pursuant to section propriately listed with national and regional section to State courts and local courts for 479 of the Social Security Act (42 U.S.C. 679); adoption exchanges, and public and private adoption services. the purposes of— and (K) An assurance that the data collected in (A) enabling such courts to develop and im- (ii) an assurance that such coordination accordance with subparagraph (I) will be plement automated data collection and case- will be implemented and maintained. made available to relevant Federal, State, tracking systems for proceedings conducted (F) Identification of an independent third and local government agencies and to the by, or under the supervision of, an abuse and party that will conduct ongoing evaluations public. neglect court; of the feasibility and implementation of the (L) An assurance that the proposed system (B) encouraging the replication of such plan and system and a description of the is consistent with other civil and criminal systems in abuse and neglect courts in other plan for conducting such evaluations. jurisdictions; and information requirements of the Federal (G) A description or identification of a pro- government. (C) requiring the use of such systems to posed funding source for completion of the evaluate a court’s performance in imple- (M) An assurance that the proposed system plan (if applicable) and maintenance of the will provide notice of timeframes required menting the requirements of parts B and E system after the conclusion of the period for under the Adoption and Safe Families Act of of title IV of the Social Security Act (42 which the grant is to be awarded. 1997 (Public Law 105–89; 111 Stat. 2115) for in- U.S.C. 620 et seq.; 670 et seq.). (H) An assurance that any contract en- dividual cases to ensure prompt attention (2) LIMITATIONS.— tered into between the State court or local and compliance with such requirements. (A) NUMBER OF GRANTS.—Not less than 20 court and any other entity that is to provide (c) CONDITIONS FOR APPROVAL OF APPLICA- nor more than 50 grants may be awarded services for the development, implementa- TIONS.— under this section. tion, or maintenance of the system under the (1) MATCHING REQUIREMENT.— (B) PER STATE LIMITATION.—Not more than proposed plan will require the entity to (A) IN GENERAL.—A State court or local 2 grants authorized under this section may agree to allow for replication of the services court awarded a grant under this section be awarded per State. provided, the plan, and the system, and to shall expend $1 for every $3 awarded under (C) USE OF GRANTS.—Funds provided under refrain from asserting any proprietary inter- the grant to carry out the development, im- a grant made under this section may only be est in such services for purposes of allowing plementation, and maintenance of the auto- used for the purpose of developing, imple- the plan and system to be replicated in an- mated data collection and case-tracking sys- menting, or enhancing automated data col- other jurisdiction. tem under the proposed plan. lection and case-tracking systems for pro- (I) An assurance that the system estab- (B) WAIVER FOR HARDSHIP.—The Attorney ceedings conducted by, or under the super- lished under the plan will provide data that General may waive or modify the matching vision of, an abuse and neglect court. allows for evaluation (at least on an annual requirement described in subparagraph (A) in (b) APPLICATION.— basis) of the following information: the case of any State court or local court (1) IN GENERAL.—A State court or local (i) The total number of cases that are filed that the Attorney General determines would court may submit an application for a grant in the abuse and neglect court. suffer undue hardship as a result of being authorized under this section at such time (ii) The number of cases assigned to each subject to the requirement. and in such manner as the Attorney General judge who presides over the abuse and ne- (C) NON-FEDERAL EXPENDITURES.— may determine. glect court. (i) CASH OR IN KIND.—State court or local (2) INFORMATION REQUIRED.—An application (iii) The average length of stay of children court expenditures required under subpara- for a grant authorized under this section in foster care. graph (A) may be in cash or in kind, fairly shall contain the following: (iv) With respect to each child under the evaluated, including plant, equipment, or (A) A description of a proposed plan for the jurisdiction of the court— services. development, implementation, and mainte- (I) the number of episodes of placement in (ii) NO CREDIT FOR PRE-AWARD EXPENDI- nance of an automated data collection and foster care; TURES.—Only State court or local court ex- case-tracking system for proceedings con- (II) the number of days placed in foster penditures made after a grant has been ducted by, or under the supervision of, an care and the type of placement (foster family awarded under this section may be counted abuse and neglect court, including a pro- home, group home, or special residential for purposes of determining whether the posed budget for the plan and a request for a care facility); State court or local court has satisfied the specific funding amount. (III) the number of days of in-home super- matching expenditure requirement under (B) A description of the extent to which vision; and subparagraph (A). such plan and system are able to be rep- (IV) the number of separate foster care (2) NOTIFICATION TO STATE OR APPROPRIATE licated in abuse and neglect courts of other placements. CHILD WELFARE AGENCY.—No application for a jurisdictions that specifies the common case- (v) The number of adoptions, grant authorized under this section may be tracking data elements of the proposed sys- guardianships, or other permanent disposi- approved unless the State court or local tem, including, at a minimum— tions finalized. court submitting the application dem- (i) identification of relevant judges, court, (vi) The number of terminations of paren- onstrates to the satisfaction of the Attorney and agency personnel; tal rights. General that the court has provided the (ii) records of all court proceedings with (vii) The number of child abuse and neglect State, in the case of a State court, or the ap- regard to the abuse and neglect case, includ- proceedings closed that had been pending for propriate child welfare agency, in the case of ing all court findings and orders (oral and 2 or more years. a local court, with notice of the contents and written); and (viii) With respect to each proceeding con- submission of the application. (iii) relevant information about the subject ducted by, or under the supervision of, an (3) CONSIDERATIONS.—In evaluating an ap- child, including family information and the abuse and neglect court— plication for a grant under this section the reason for court supervision. (I) the timeliness of each stage of the pro- Attorney General shall consider the fol- (C) In the case of an application submitted ceeding from initial filing through legal fi- lowing: by a local court, a description of how the nalization of a permanency plan (for both (A) The extent to which the system pro- plan to implement the proposed system was contested and uncontested hearings); posed in the application may be replicated in developed in consultation with related State (II) the number of adjournments, delays, other jurisdictions. courts, particularly with regard to a State and continuances occurring during the pro- (B) The extent to which the proposed sys- court improvement plan funded under sec- ceeding, including identification of the party tem is consistent with the provisions of, and tion 13712 of the Omnibus Budget Reconcili- requesting each adjournment, delay, or con- amendments made by, the Adoption and Safe ation Act of 1993 (42 U.S.C. 670 note) if there tinuance and the reasons given for the re- Families Act of 1997 (Public Law 105–89; 111 is such a plan in the State. quest; Stat. 2115), and parts B and E of title IV of H8692 CONGRESSIONAL RECORD — HOUSE October 3, 2000 the Social Security Act (42 U.S.C. 620 et seq.; (1) The barriers to achieving the perma- (3) providing training and supervision of 670 et seq.). nency goals established in the Adoption and volunteers in court-appointed special advo- (C) The extent to which the proposed sys- Safe Families Act of 1997 that have been cate programs. tem is feasible and likely to achieve the pur- identified. (b) LIMITATION ON ADMINISTRATIVE EXPEND- poses described in subsection (a)(1). (2) The size and nature of the backlogs of ITURES.—Not more than 5 percent of the (4) DIVERSITY OF AWARDS.—The Attorney children awaiting termination of parental grant made under this subsection may be General shall award grants under this sec- rights or finalization of adoption. used for administrative expenditures. tion in a manner that results in a reasonable (3) The strategies the State court or local (c) DETERMINATION OF URBAN AND RURAL balance among grants awarded to State court proposes to use to reduce such back- AREAS.—For purposes of administering the courts and grants awarded to local courts, logs and the plan and timetable for doing so. grant authorized under this subsection, the grants awarded to courts located in urban (4) How the grant funds requested will be Administrator of the Office of Juvenile Jus- areas and courts located in rural areas, and used to assist the implementation of the tice and Delinquency Prevention of the De- grants awarded in diverse geographical loca- strategies described in paragraph (3). partment of Justice shall determine whether tions. (c) USE OF FUNDS.—Funds provided under a an area is one of the 15 largest urban areas (d) LENGTH OF AWARDS.—No grant may be grant awarded under this section may be or a rural area in accordance with the prac- awarded under this section for a period of used for any purpose that the Attorney Gen- tices of, and statistical information com- more than 5 years. eral determines is likely to successfully piled by, the Bureau of the Census. (e) AVAILABILITY OF FUNDS.—Funds pro- achieve the purposes described in subsection (d) AUTHORIZATION OF APPROPRIATIONS.— vided to a State court or local court under a (a), including temporarily— There is authorized to be appropriated to grant awarded under this section shall re- (1) establishing night court sessions for make the grant authorized under this sec- main available until expended without fiscal abuse and neglect courts; tion, $5,000,000 for the period of fiscal years year limitation. (2) hiring additional judges, magistrates, 2001 and 2002. (f) REPORTS.— commissioners, hearing officers, referees, The SPEAKER pro tempore. Pursu- (1) ANNUAL REPORT FROM GRANTEES.—Each special masters, and other judicial personnel ant to the rule, the gentleman from Il- State court or local court that is awarded a for such courts; linois (Mr. HYDE) and the gentleman grant under this section shall submit an an- (3) hiring personnel such as clerks, admin- nual report to the Attorney General that istrative support staff, case managers, medi- from Virginia (Mr. SCOTT) each will contains— ators, and attorneys for such courts; or control 20 minutes. (A) a description of the ongoing results of (4) extending the operating hours of such The Chair recognizes the gentleman the independent evaluation of the plan for, courts. from Illinois (Mr. HYDE). and implementation of, the automated data (d) NUMBER OF GRANTS.—Not less than 15 GENERAL LEAVE collection and case-tracking system funded nor more than 20 grants shall be awarded Mr. HYDE. Mr. Speaker, I ask unani- under the grant; and under this section. (B) the information described in subsection mous consent that all Members may (e) AVAILABILITY OF FUNDS.—Funds award- have 5 legislative days within which to (b)(2)(I). ed under a grant made under this section (2) INTERIM AND FINAL REPORTS FROM AT- shall remain available for expenditure by a revise and extend their remarks and in- TORNEY GENERAL.— grantee for a period not to exceed 3 years clude extraneous material on S. 2272. (A) INTERIM REPORTS.—Beginning 2 years from the date of the grant award. The SPEAKER pro tempore. Is there after the date of enactment of this Act, and (f) REPORT ON USE OF FUNDS.—Not later objection to the request of the gen- biannually thereafter until a final report is than the date that is halfway through the pe- tleman from Illinois? submitted in accordance with subparagraph riod for which a grant is awarded under this There was no objection. (B), the Attorney General shall submit to section, and 90 days after the end of such pe- Mr. HYDE. Mr. Speaker, I yield my- Congress interim reports on the grants made riod, a State court or local court awarded a under this section. self such time as I may consume. grant under this section shall submit a re- Mr. Speaker, S. 2272, the Strength- (B) FINAL REPORT.—Not later than 90 days port to the Attorney General that includes after the termination of all grants awarded the following: ening Abuse and Neglect Courts Act of under this section, the Attorney General (1) The barriers to the permanency goals 2000, provides grants to allow States to shall submit to Congress a final report evalu- established in the Adoption and Safe Fami- improve the administrative efficiency ating the automated data collection and lies Act of 1997 that are or have been ad- and effectiveness of child abuse and ne- case-tracking systems funded under such dressed with grant funds. glect courts throughout the Nation. grants and identifying successful models of (2) The nature of the backlogs of children The bill gives the Attorney General the such systems that are suitable for replica- that were pursued with grant funds. tion in other jurisdictions. The Attorney authority to award grants to State and (3) The specific strategies used to reduce local courts; to provide computerized General shall ensure that a copy of such such backlogs. final report is transmitted to the highest (4) The progress that has been made in re- case tracking and technical assistance; State court in each State. ducing such backlogs, including the number promote innovative strategies to re- (g) AUTHORIZATION OF APPROPRIATIONS.— of children in such backlogs— duce case loads; and provide additional There is authorized to be appropriated to (A) whose parental rights have been termi- court-appointed special advocates to carry out this section, $10,000,000 for the pe- nated; and assist in supporting children and riod of fiscal years 2001 through 2005. (B) whose adoptions have been finalized. courts. SEC. 5. GRANTS TO REDUCE PENDING BACKLOGS (5) Any additional information that the At- OF ABUSE AND NEGLECT CASES TO Every child should have the oppor- torney General determines would assist ju- PROMOTE PERMANENCY FOR tunity to be whatever it is they want ABUSED AND NEGLECTED CHIL- risdictions in achieving the permanency to be, and it is our responsibility as a goals established in the Adoption and Safe DREN. community and as parents to provide (a) AUTHORITY TO AWARD GRANTS.—The At- Families Act of 1997. torney General, acting through the Office of (g) AUTHORIZATION OF APPROPRIATION.— them a nurturing environment so that Juvenile Justice and Delinquency Preven- There are authorized to be appropriated for every child can fulfill their great prom- tion of the Office of Justice Programs and in the period of fiscal years 2001 and 2002 ise. collaboration with the Secretary of Health $10,000,000 for the purpose of making grants The act of child abuse is incompre- and Human Services, shall award grants in under this section. hensible to all of us. Child abuse steals accordance with this section to State courts SEC. 6. GRANTS TO EXPAND THE COURT-AP- the innocence from our coming genera- and local courts for the purposes of— POINTED SPECIAL ADVOCATE PRO- tion. The victims of child abuse are not GRAM IN UNDERSERVED AREAS. (1) promoting the permanency goals estab- allowed to be children; they become lished in the Adoption and Safe Families Act (a) GRANTS TO EXPAND CASA PROGRAMS IN of 1997 (Public Law 105–89; 111 Stat. 2115); and UNDERSERVED AREAS.—The Administrator of adults all too soon. We must give the (2) enabling such courts to reduce existing the Office of Juvenile Justice and Delin- States the tools to assist them in pro- backlogs of cases pending in abuse and ne- quency Prevention of the Department of Jus- tecting our children. glect courts, especially with respect to cases tice shall make a grant to the National Child welfare is an example where to terminate parental rights and cases in Court-Appointed Special Advocate Associa- State law is generally paramount. The which parental rights to a child have been tion for the purposes of— Federal Government supports State ac- terminated but an adoption of the child has (1) expanding the recruitment of, and tion by providing funds to States for not yet been finalized. building the capacity of, court-appointed child welfare activities. Grants to (b) APPLICATION.—A State court or local special advocate programs located in the 15 court shall submit an application for a grant largest urban areas; States have been used to expand and under this section, in such form and manner (2) developing regional, multijurisdictional strengthen child welfare services. This as the Attorney General shall require, that court-appointed special advocate programs bill is finely tuned to assist States in contains a description of the following: serving rural areas; and this regard. October 3, 2000 CONGRESSIONAL RECORD — HOUSE H8693 We must come together as a Nation But the statistic that should most adult lives with no sense of family, low to restore what has been stolen from concern us is that nearly 70 percent of self-esteem and little direction for the this generation. We must come to- youths arrested have a prior history of future. Children are being removed gether as a Nation to prevent and stop abuse and neglect, which means that from abusive homes only to be abused the cycle of this terrible abuse. we already have the ability to identify once again by the system. I want to thank Senator DEWINE of those children at risk of delinquency Healing can only begin for these chil- Ohio for bringing this important bill through child protection and child wel- dren when they are in a safe and per- forward, and I hope everyone will sup- fare systems. By identifying those chil- manent environment. But all too often port this bill. dren and providing them with appro- these children languish in the foster Mr. Speaker, I reserve the balance of priate intervention programs and serv- care system in a state of emotional my time. ices, we can drastically decrease juve- limbo. Mr. SCOTT. Mr. Speaker, I yield my- nile delinquency. According to the National Center for self such time as I may consume. As the ranking member on the Sub- Juvenile Justice, between 1991 and 1997, Mr. Speaker, I rise in support of this committee on Crime, I must express in my own home district of Franklin legislation. my regret that this Congress has not County, Ohio, 38 percent of the chil- Mr. Speaker, while we seem to be made these improvements in proven dren who are waiting permanent adop- making some progress reducing the crime prevention initiatives a priority. tion because parental rights have been overall crime rate in this country, severed have been in the system over 4 crimes against children, particularly H.R. 1501, the Consequences for Juve- nile Offenders Act, and H.R. 1150, which years. And nationally, according to the reports of child abuse and neglect, have Department of Health and Human grown by 41 percent over the last 10 reauthorizes the Juvenile Justice and Delinquency Prevention Act as origi- Services, children who are adopted years. In 1997, Congress passed the from foster care leave the system be- Adoption and Safe Families Act to nally introduced in the House, would have provided increased funding for ju- tween 3.5 and 5.5 years later. begin the process for accelerating time This is simply too long for these chil- venile crime prevention programs and lines and making other improvements dren to wait for the love and warmth of services for at-risk youth. designed to speed up the process of se- a permanent family. This is a good part These bills were loaded down in the curing safe, permanent, caring families of a childhood. for abused and neglected children. House with slogans and sound bites Congress began to address this situa- Unfortunately, in passing the law, posing as amendments and then buried tion in 1997 with the Adoption and Safe Congress failed to recognize the addi- in a conference committee that has not Families Act. Without a doubt this is tional burdens of these time lines and met for a year. It is unfortunate that one of our crowning achievements of other improvements would exact on this Congress chose to play politics in- the last session. But while ASFA’s ac- the already overburdened family and stead of choosing to address the prob- celerated timelines are essential to domestic relations courts. Courts na- lem of at-risk youth in this country promoting stability and permanence tionwide are struggling to meet the ac- and to reduce juvenile crime. for abused and neglected children, celerated time lines and other require- In the end, Mr. Speaker, I urge my these timelines, along with grossly in- ments of that legislation and, as a re- colleagues to support the passage of sufficient funding, have resulted in sult, there are substantial backlogs in the measure before us today. It is a continued prolonged stays for abused processing of these cases. good start and will provide family and neglected children in the foster This bill, which is supported by the courts with resources they need to en- care system and increased pressure on Conference of Chief Justices and the hance their tracking systems and to our Nation’s already overburdened Conference of State Court Administra- begin reducing backlogs. abuse and neglect courts. tors, will help to further the goals of I look forward to working with my SANCA addresses the shortfalls of the Adoption and Safe Families Act by friends across the aisle next year on ju- the Adoption and Safe Families Act by authorizing $10 million over 5 years to venile justice legislation that builds making Federal funding available to assist State and local courts in devel- upon the foundation started today. State and local courts to reduce case oping and implementing automated Mr. Speaker, I reserve the balance of backlogs and to develop and implement case tracking systems for abused and my time. automated case tracking systems for neglect proceedings. It also authorizes Mr. HYDE. Mr. Speaker, I am very abuse and neglect proceedings. an additional $10 million to reduce ex- pleased to yield such time as she may SANCA also provides funding for isting backlogs of abuse and neglect consume to the distinguished gentle- start-up grants to appoint the Court cases and $5 million to expand the woman from Ohio (Ms. PRYCE). Appointed Special Advocate for CASA, Court-Appointed Special Advocate, Ms. PRYCE of Ohio. Mr. Speaker, I programs in underserved areas. CASA, program into underserved areas. thank the honorable and distinguished The foster care system cannot help Mr. Speaker, I am familiar with this chairman for yielding me time and for abused and neglected children without program. They have several programs his assistance in this measure. properly functioning State and local in Virginia. CASA volunteers do an ex- Mr. Speaker, I rise in strong support courts. The relatively small amount of cellent job in assisting children in the of this measure, the Strengthening funding provided by SANCA will have a court system, and I am delighted we Abuse and Neglect Courts Act, or dramatic impact on the lives of abused are expanding this system in the legis- SANCA. There is nothing more tragic and neglected children. lation. than the thought of a child who has SANCA is backed by the American In sum, this bill authorizes a total of been abused or neglected, and nothing Bar Association, the Conference of $25 million to address this pressing happier than a child finding the Chief Justices, the National Council of problem. I acknowledge that this is warmth and love of a permanent adop- Juvenile and Family Court Judges, just a drop in the bucket of what is tive family. Unfortunately, the period among others. Clearly, this legislation necessary. However, it will help to al- of time between these two points dur- is of vital importance to abused and ne- leviate an overburdened family court ing which a child’s case is pending be- glected children who need nothing system. And I encourage my colleagues fore the courts can be a period of inter- more than the stability and love that not to stop here. minable delays, bureaucratic snags, comes with the safe and permanent The research tells us that children and a less-than-thorough accurate re- home. Mr. Speaker, I urge my col- who experience abuse are four times view of the child’s case, all of which leagues’ support. more likely to be involved in delin- can have a lasting negative effect on Mr. SCOTT. Mr. Speaker, I yield my- quent and criminal activity than a the child. self such time as I may consume. child who has not been abused. Fur- Mr. Speaker, this bill will have the b thermore, those children are more like- 1745 short-term effect of reducing backlogs ly to be arrested 1 year earlier, commit Mr. Speaker, for those children who but will have the long-term effect of twice as many offenses and be arrested reach adulthood without permanent improving the lives of many children. I more frequently than youths who are placement and transition out of the want to thank the gentleman from Illi- not abused or neglected. foster care system, they begin their nois (Mr. HYDE), the distinguished H8694 CONGRESSIONAL RECORD — HOUSE October 3, 2000 chairman of the Committee on the Ju- AMENDING IMMIGRATION AND NA- 1324(a)(1)) is amended by adding at the end diciary for bringing the bill to the floor TIONALITY ACT WITH REGARD the following: and thank the gentlewoman from Ohio TO BRINGING IN AND HAR- ‘‘(C) In no case may any penalty for a vio- lation of subparagraph (A) be imposed on any (Ms. PRYCE) for her advocacy in this BORING CERTAIN ALIENS person based on actions taken by the person issue. She is a former judge and is very Mr. ROGAN. Mr. Speaker, I move to to render emergency assistance to an alien knowledgeable on this issue. I thank suspend the rules and pass the bill found physically present in the United her for her advocacy on behalf of chil- (H.R. 238) to amend section 274 of the States in life threatening circumstances.’’. dren. (b) EFFECTIVE DATE.—The amendment Immigration and Nationality Act to made by subsection (a) shall take effect 90 Mrs. JOHNSON of Connecticut. Mr. Speak- impose mandatory minimum sen- days after the date of the enactment of this er, the strengthening Abuse and neglect tences, and increase certain sentences, Act, and shall apply to offenses committed Courts Act of 2000 will build on the success for bringing in and harboring certain after the termination of such 90-day period. of the Adoption and Safe Families Act of 1997 aliens, and to amend title 18, United SEC. 4. AMENDMENTS TO SENTENCING GUIDE- (ASFA) which required states to shorten the States Code, to provide enhanced pen- LINES REGARDING THE EFFECT OF alties for persons committing such of- PROSECUTORIAL POLICIES. length of time that children remain in foster In the exercise of its authority under sec- care by filing termination of parental rights pe- fenses while armed, as amended. tion 994 of title 28, United States Code, the titions at 15 months. The Clerk read as follows: United States Sentencing Commission shall Implementation of ASFA has resulted in an H.R. 238 amend the Federal sentencing guidelines to include the following: unprecedented 64 percent increase in adop- Be it enacted by the Senate and House of Rep- ‘‘§ 5H1.14. Plea bargaining and other prosecu- tions out of foster care since 1996. resentatives of the United States of America in Congress assembled, torial policies. As a direct result of ASFA, developed by SECTION 1. INCREASED PERSONNEL FOR INVES- ‘‘Plea bargaining and other prosecutorial the Committee on Ways and means, new TIGATING AND COMBATING ALIEN policies, and differences in those policies pressures have been put on state courts to SMUGGLING. among different districts, are not a ground hold permanency hearings, implement perma- The Attorney General in each of the fiscal for imposing a sentence outside the applica- nency plans, make judicial findings and final- years 2001, 2002, 2003, 2004, and 2005 shall in- ble guidelines range.’’. SEC. 5. ENHANCED PENALTIES FOR PERSONS ize adoptions cases involving abused and ne- crease the number of positions for full-time, active duty investigators or other enforce- COMMITTING OFFENSES WHILE glected children in a timely fashion. ment personnel within the Immigration and ARMED. The Strengthening Abuse and Neglect Naturalization Service who are assigned to (a) IN GENERAL.—Section 924(c)(1) of title combating alien smuggling by not less than 18, United States Code, is amended— Courts Act of 2000 will increase the efficiency (1) in subparagraph (A)— and capacity of the nation's abuse and neglect 50 positions above the number of such posi- tions for which funds were allotted for the (A) by inserting after ‘‘device)’’ the fol- courts by providing funds to state courts to preceding fiscal year. lowing: ‘‘or any violation of section computerize a data collection and case track- 274(a)(1)(A) of the Immigration and Nation- SEC. 2. INCREASING CRIMINAL SENTENCES AND ing system. This system will allow judges to FINES FOR ALIEN SMUGGLING. ality Act’’; and (B) by striking ‘‘or drug trafficking track the number of children under judicial (a) IN GENERAL.—Subject to subsection (b), crime—’’ and inserting ‘‘, drug trafficking care to monitor how these children are faring. pursuant to its authority under section crime, or violation of section 274(a)(1)(A) of 994(p) of title 28, United States Code, the A case tracking system will allow judges to the Immigration and Nationality Act—’’; United States Sentencing Commission shall keep a running account of the number and and promulgate sentencing guidelines or amend type of services offered to the family and the (2) in subparagraph (D)(ii), by striking ‘‘or existing sentencing guidelines for smuggling, drug trafficking crime’’ and inserting ‘‘, drug results of these interventions. This information transporting, harboring, or inducing aliens trafficking crime, or violation of section is critical to keeping children safe and pro- under sections 274(a)(1)(A) of the Immigra- 274(a)(1)(A) of the Immigration and Nation- moting permanency. tion and Nationality Act (8 U.S.C. ality Act’’. 1324(a)(1)(A)) so as to— This Act will enable state and local courts to (b) EFFECTIVE DATE.—The amendments (1) double the minimum term of imprison- reduce existing backlogs of children awaiting made by subsection (a) shall take effect 90 ment under that section for offenses involv- days after the date of the enactment of this termination of parental rights or finalization of ing the smuggling, transporting, harboring, Act, and shall apply to offenses committed adoption. According to the Department of or inducing of— after the termination of such 90-day period. Health and Human Services there were over (A) 1 to 5 aliens from 10 months to 20 103,000 children awaiting adoption in 1998. months; SEC. 6. AUTHORIZATION OF APPROPRIATIONS. (a) IN GENERAL.—In addition to funds oth- (B) 6 to 24 aliens from 18 months to 36 Grants provided to state courts under this Act erwise available for such purpose, there are months; will allow courts to hire additional judges to authorized to be appropriated to the Immi- (C) 25 to 100 aliens from 27 months to 54 hear these cases and to establish night court gration and Naturalization Service of the months; and Department of Justice such sums as may be sessions for hearing these cases. (D) 101 aliens or more from 37 months to 74 necessary to carry out section 1 and to cover months; The Strengthening Abuse and Neglect the operating expenses of the Service and the (2) increase the minimum level of fines for Courts Act of 2000 is a logical next step to the Department in conducting undercover inves- each of the offenses described in subpara- Adoption and Safe Families Act of 1997. We tigations of alien smuggling activities and in graphs (A) through (D) of paragraph (1) to need courts that work to reduce delays and prosecuting violations of section 274(a)(1)(A) the greater of the current minimum level or of the Immigration and Nationality Act (re- keep children safe and in loving families. This twice the amount the defendant received or lating to alien smuggling), resulting from legislation does that and I wholeheartedly sup- expected to receive as compensation for the the increase in personnel under section 1. port it. illegal activity; and (b) AVAILABILITY OF FUNDS.—Amounts ap- (3) increase by at least 2 offense levels Mr. SCOTT. Mr. Speaker, I yield propriated pursuant to subsection (a) are au- above the applicable enhancement in effect thorized to remain available until expended. back the balance of my time. on the date of enactment of this Act the sen- Mr. HYDE. Mr. Speaker, I have no tencing enhancements for intentionally or SEC. 7. ALIEN SMUGGLING DEFINED. In sections 1 and 6, the term ‘‘alien smug- recklessly creating a substantial risk of seri- further requests for time, and I yield gling’’ means any act prohibited by para- ous bodily injury or causing bodily injury, back the balance of my time. graph (1) or (2) of section 274(a) of the Immi- serious injury, permanent or life threatening gration and Nationality Act (8 U.S.C. The SPEAKER pro tempore (Mr. injury, or death. 1324(a)). OSE). The question is on the motion of- (b) EXCEPTIONS.—Subsection (a) shall not fered by the gentleman from Illinois apply to an offense that— The SPEAKER pro tempore. Pursu- (Mr. HYDE) that the House suspend the (1) was committed other than for profit; or ant to the rule, the gentleman from rules and pass the Senate bill, S. 2272. (2) involved the smuggling, transporting, California (Mr. ROGAN) and the gen- or harboring only of the defendant’s spouse tleman from Michigan (Mr. CONYERS) The question was taken; and (two- or child (or both the defendant’s spouse and each will control 20 minutes. thirds having voted in favor thereof) child). The Chair recognizes the gentleman the rules were suspended and the Sen- SEC. 3. ELIMINATION OF PENALTY ON PERSONS from California (Mr. ROGAN). ate bill was passed. RENDERING EMERGENCY ASSIST- ANCE. GENERAL LEAVE A motion to reconsider was laid on (a) IN GENERAL.—Section 274(a)(1) of the Mr. ROGAN. Mr. Speaker, I ask the table. Immigration and Nationality Act (8 U.S.C. unanimous consent that all Members October 3, 2000 CONGRESSIONAL RECORD — HOUSE H8695 may have 5 legislative days within rent minimum fine of $3,000 is decep- empirical evidence linking increased which to revise and extend their re- tively small, considering the frequency sentences to reductions in crime. No marks and include extraneous material of the crime and the amount of money empirical evidence linking increased on H.R. 238, as amended. generated in smuggling fees. sentences to reductions in crime have The SPEAKER pro tempore. Is there Fourth, the legislation will authorize been found by scientific studies. In- objection to the request of the gen- additional funds to expand undercover stead, we know that they distort the tleman from California? investigation and enforcement pro- sentencing process, discriminate There was no objection. grams through the Immigration and against minorities in their application Mr. ROGAN. Mr. Speaker, I yield my- Naturalization Service. and waste money. self such time as I may consume. Finally, H.R. 238 will add alien smug- A Rand commission study has con- Mr. Speaker, I rise today to offer leg- gling to the list of Federal crimes that cluded that mandatory minimum sen- islation that will curb the inhuman receive an increased sentence if a fire- tences were less effective than either trafficking in human lives known as arm is involved, putting this crime on discretionary sentencing or drug treat- alien smuggling. In areas like my home par with drug smuggling and other vio- ment in reducing drug-related crime State of California, the impact of alien lent crimes. Our bill would add 5 addi- and far more costly than either. smuggling is felt at all levels. With the tional years to a sentence and will Mr. Speaker, and for the twelfth passage of this bill we can take a major keep smugglers off the streets. time, the Judicial Conference of the step toward eliminating this despicable Mr. Speaker, the focus of this legisla- United States has once again reiter- trade. tion is professional alien smugglers and ated its opposition to mandatory min- The problem of alien smuggling is those who knowingly aid and abet pro- imum sentencing. Many conservatives widespread. From each of our southern fessional alien smuggling for commer- have joined us in recognizing the policy border States to the northern border cial or financial gain. The legislation is problems caused by mandatory mini- States and along the ports of the East not designed against the unwitting em- mums and increased sentences. Thus, and West Coast, aliens are traded like ployers of illegal aliens. for example, after realizing the damage commodities often with deadly con- Mr. Speaker, our country is strength- and ineffectiveness of mandatory mini- sequences. Stories of aliens packed like ened by the diversity of its people; our mums at reducing crime, Democrats produce into shipping containers and heritage of immigration is what makes and Republicans, in a bipartisan effort moving vans abound, as do reports of us whole. However, alien smuggling repealed Federal mandatory minimum corpses found throughout the desert as chips away at both the rule of law and sentencing in 1970. aliens are abandoned by their smug- at human dignity. We owe it to the Similarly, Chief Justice Rehnquist, glers. families of the countless victims of who is not known to be lenient on What was once a trickle of aliens smugglers to enact serious penalties criminals, has observed that manda- transported by smugglers has today for this serious offense. We also owe it tory minimums are frequently the re- grown into an international trade ring, to the legal residents of this country to sult of floor amendments to dem- comparable in size and scope to the enforce strict laws against illegal im- onstrate emphatically that legislators drug trade, generating vast revenue migration. want to get tough on crime. Just as and crowning new kings of crime. Mak- We can meet both needs by passing frequently, they do not involve any ing the trade more deadly is the toll in this bill. careful consideration of the effect that human lives. Media reports describe in Finally, Mr. Speaker, I want to they might have on sentencing guide- gruesome detail how aliens paid the thank Jim Willen, our very distin- lines as a whole. large sums to be transported across our guished attorney on the House Com- Proliferation of harsh sentencing southern border, only to be abandoned mittee on the Judiciary for his work on policies has inhibited the ability of the in the desert, where many are robbed, this. And I also especially want to courts to sentence offenders in a way raped, and sometimes murdered. thank Grayson Wolfe, an attorney on that permits a more problem-solving Sadly, current law permits minimal my staff, who has done just a yeoman’s approach to crime. penalties for convicted smugglers. To job in working on this bill over the By limiting consideration of factors criminals who generate millions of dol- many months that it has been pro- contributing to crime or to a range of lars in revenue each year from this ceeding. responses, as the measure H.R. 238 trade, a small fine is the equivalent of I want to thank the gentleman from does, such sentencing policies fail to paying for a parking ticket. This is Michigan (Mr. CONYERS), the ranking provide justice for either victims or of- wrong. member of the committee, and the mi- fenders. In light of these concerns, a Mr. Speaker, this bill, H.R. 238, will nority members of the committee for less Draconian approach than H.R. 238 strengthen the punishment for smug- their valuable input which has helped would be to enact a legislative direc- glers convicted in our courts. As to shape this bill. I thank my col- tive to the United States Sentencing amended, it will double the minimum leagues for their consideration on this. Commission to revise their existing sentence recommended by the sen- Mr. Speaker, I reserve the balance of sentencing guidelines to increase sen- tencing commission for alien smug- my time. tences for alien smuggling offenses. gling crimes and increase sentences for Mr. CONYERS. Mr. Speaker, I yield This would at least permit more in- those who cause serious bodily injury myself such time as I may consume. formed consideration of aggravating or threaten a life. Specifically, the Mr. Speaker, this is a mandatory and mitigating circumstances. Alien Smuggler Enforcement Act, as minimum sentences bill for bringing in b amended, puts in place five key and harboring certain aliens, and the 1800 changes to current law. bill to me does not pass muster because Whatever the political benefits of in- First, the bill will add an additional experience and numerous studies have creased sentences, they simply do not 50 officers per year for 5 years to en- shown that mandatory minimum sen- do what they purport to do. They do force our antismuggling laws. tences which are spread throughout not deter criminal behavior by guaran- Second, the legislation will double our Federal statutes or blindly increas- teeing that a particular penalty will be criminal sentences for alien smugglers ing sentences, as the managers amend- imposed for a particular crime. In- through direction to the Federal sen- ment does, creates an unfairness and stead, they impose unfair and harsh re- tencing commission. An increase in requires judicial and correctional ex- sults and unnecessarily increase the sentences will act as an additional de- penditures that are disproportionate to prison costs to all of us. terrent. It also will guarantee that any deterrent or rehabilitative effect Mr. Speaker, I am happy to yield those who traffic in human lives are se- that they might have. such time as she may consume to the verely punished for this unjust crime. Studies have also highlighted the distinguished gentlewoman from Cali- Third, the bill will increase fines for very high costs of the unnecessary in- fornia (Ms. LOFGREN). those convicted of smuggling aliens to carceration resulting from mandatory Ms. LOFGREN. Mr. Speaker, I thank twice the amount the smuggler re- minimums and increased sentences. In the gentleman from Michigan for yield- ceived for the original crime. The cur- fact, scientific study has found that no ing time to me. H8696 CONGRESSIONAL RECORD — HOUSE October 3, 2000 Mr. Speaker, I support the bill before The Alien Smuggling Prevention and Mr. SCOTT. Mr. Speaker, I thank the us. While I certainly respect our rank- Enforcement Act addresses the serious gentleman for yielding time to me. ing member, the gentleman from and growing problem of professional Mr. Speaker, I recognize the serious- Michigan (Mr. CONYERS), and the rank- smugglers who violate our Nation’s ness of this offense, but I must oppose ing member on the Subcommittee on borders carrying not illegal drugs or the bill because Congress should not be Crime, the gentleman from Virginia bootleg alcohol, but human cargo. dictating and mandating sentences to (Mr. SCOTT), I do not always share These alien smugglers are active the Sentencing Commission. their viewpoint on mandatory mini- throughout our country, not just in the As we know, the Sentencing Commis- mums, but I do respect their thinking. border States, but in my home State of sion was established to determine the I do believe that even if one concurs Utah and many others. appropriate sentencing guidelines in their overall approach on the issue We have tightened our Nation’s bor- based on the severity of the offense and of mandatory minimums, this is an ex- ders in recent years, making it more after giving consideration to all other ception to that general rule. difficult for people to enter the United relevant factors, including the propor- Smuggling of aliens is a very serious States illegally. The demand for entry, tionality of the sentence to other of- and I would add very dangerous thing however, has not decreased because of fenses. to do. It is something that criminals tighter border controls, but the des- The review needs to be thorough and are making vast fortunes doing, and we peration of those seeking to get in has thoughtful. But this review, however, know that the body count in the desert increased. Worldwide, people yearning has not been thorough and thoughtful, between the United States and Mexico to be free are willing to pay a tremen- because without the Sentencing Com- is rising as the coyotes are taking dous price to gain entry to this great mission, crimes are considered out of more money but also abandoning peo- country by whatever means necessary. context, and as a result, we have sen- ple in the desert. The situation has produced a new, tencing disparities. A fine for a coyote is just part of the contemptible breed of predatory smug- For example, this bill provides for a cost of doing business. It is like a li- gler who specializes in taking advan- sentence of 11⁄2 to 3 years for getting cense. I think the only way to add to tage of people in exchange for the caught smuggling 24 aliens, while Con- the cost of doing business in a way that promise to get to America. Those peo- gress has required a 5-year mandatory will be meaningful to people who would ple who put their hopes for new life in minimum sentence for possession of a abuse helpless people in this way is to America into the hands of an alien weekend’s worth of crack cocaine. have an actual strong sentence that smuggler often find their fondest It seems to me that an enterprise in- puts that abusive person out of busi- dreams have turned to their worst volved in smuggling 24 aliens is far ness and behind bars for a deterrent pe- nightmare. more serious than an offense of smok- riod of time. Inhumane conditions are the norm as ing crack at home, but we would be I would also like to note that the aliens find themselves packed into better served with the Sentencing gentleman from California (Mr. ROGAN) cargo containers for days or weeks, Commission considering all of those of- in committee did agree to several abandoned in the desert without basic fenses in context and avoid such dis- amendments that make this bill tar- supplies, or dumped in the sea miles parities. geted towards what it is aimed at. For from shore. Some media reports have The bill before us takes that respon- example, family members were ex- produced a portrait of conditions which sibility from the Sentencing Commis- cluded from the bill. Good samaritans sometimes rival those imposed by slave sion and simply mandates that the sen- who might become involved in saving traders during the ‘‘middle passage’’ tences be doubled, a process which was people who were abandoned were ex- two centuries ago. neither thoughtful nor thorough. If cluded. For this misery, aliens pay smugglers Congress must dictate to the Sen- Finally, we excluded people who were exorbitant fees, whether they are suc- tencing Commission, we must at least not involved in anything such as this, cessful or not. Some of those who are assess the full effect of the sentencing for example, people in the sanctuary successful in entering America must changes Congress has already directed movement who were not profiting or in pay off their admission through years the Sentencing Commission to imple- the business of being a coyote, because of indentured servitude in sweatshops, ment. the idea is to make a real constraint on or are forced to live lives of crimes or In the 1996 Illegal Immigration Re- those who are smuggling in aliens and prostitution. form and Immigration Responsibility who are endangering so many men, Many find themselves robbed, raped, Act, Congress required the United women, and even small children as brutalized, or even murdered by the States Sentencing Commission to sub- they do it. smugglers to whom they have en- stantially increase the sentences for So I respect very much my colleague, trusted their lives without ever reach- alien smuggling. The revised sen- the gentleman from Michigan, and his ing our shores. This legislation today tencing guidelines have resulted in a comments, but I do think this bill is is not aimed at the poor, tired huddled 300 percent increase in the median sen- worth voting for. I enthusiastically masses of aliens seeking freedom, but tence for immigrant smuggling from support it and plan to vote for it. I thank the gentleman for his great at those who take advantage of those 1997 to 1998. courtesy in recognizing me. same aliens by preying upon their mis- Without taking the time to evaluate Mr. ROGAN. Mr. Speaker, I yield my- ery. The bill increases enforcement ef- the impact of such an increase in sen- self such time as I may consume. forts against alien smugglers, and in- tencing for immigrant smuggling, Con- First, I want to thank my friend and creases penalties for those who are gress cannot know whether doubling colleague, the gentlewoman from Cali- caught. the sentence is appropriate. fornia, for her statement, and also for Today’s vote can help bring some In addition to doubling the base of- her valuable input, both in committee truly despicable criminals to justice. I fense level for alien smuggling, the bill and as this bill has been progressing, as thank my friend, again, the gentleman includes mandatory minimums if the we have amended it. from California (Mr. ROGAN), for taking defendant used a firearm. Unfortu- Once again, I want to publicly thank the lead on yet another important nately, here we are again with Con- her for her support of the measure. issue and working hard to move it to gress’ favorite solution to crime: the Mr. Speaker, I am pleased to yield completion. He is truly a tremendous mandatory minimum sentence. This is such time as he may consume to our asset to this body. despite the fact that research has good friend, the gentleman from Utah I urge my colleagues to support this shown that mandatory minimum sen- (Mr. CANNON). fine effort to address a serious problem tences are both ineffective and unduly Mr. CANNON. Mr. Speaker, I thank and vote for this bill. harsh. the gentleman for yielding time to me. Mr. CONYERS. Mr. Speaker, I yield A 1997 study by the Rand Corporation Mr. Speaker, I rise today in support such time as he may consume to the on drug sentencing found that in all of H.R. 238, sponsored by my good distinguished gentleman from Virginia cases, conventional enforcement is friend, the distinguished gentleman (Mr. Scott), a member of the Com- more cost-effective than mandatory from California. mittee on the Judiciary. minimums, and treatment is more than October 3, 2000 CONGRESSIONAL RECORD — HOUSE H8697 twice as cost-effective as mandatory certain sexual crimes against children ity to use a wiretap to investigate a minimums. are predicate crimes for the intercep- limited number of crimes commonly Furthermore, in March of this year tion of communications, and for other called ‘‘wiretap predicates.’’ While in a letter to the gentleman from Illi- purposes, as amended. many crimes involving the sexual ex- nois (Chairman HYDE), the Judicial The Clerk read as follows: ploitation of children are already wire- Conference of the United States set H.R. 3484 tap predicates, a few are not. With the forth the problems with mandatory Be it enacted by the Senate and House of Rep- rise of the Internet, sexual predators minimums as follows: resentatives of the United States of America in often attempt to lure their child vic- ‘‘The reason for our opposition is Congress assembled, tims by engaging in conversations with manifest: Mandatory minimums se- SECTION 1. SHORT TITLE. them in a chat room, then traveling to verely distort and damage the Federal This Act may be cited as the ‘‘Child Sex meet the child or asking the child to Crimes Wiretapping Act of 2000’’. sentencing system. . .. Far from fos- travel to them. SEC. 2. AUTHORIZATION OF INTERCEPTION OF Oftentimes, the predators will send tering certainty in punishment, man- COMMUNICATIONS IN THE INVES- datory minimums result in unwar- TIGATION OF SEXUAL CRIMES child pornography to the child in order ranted sentencing disparity. AGAINST CHILDREN. to lower the child’s natural defense to Mandatories also treat dissimilar of- (a) CHILD PORNOGRAPHY.—Section 2516(1)(c) the sexual advances of adults. Fortu- fenders in a similar manner, offenders of title 18, United States Code, is amended by nately, all of these acts are crimes inserting ‘‘section 2252A (relating to mate- who can be quite different with respect under Federal law, and law enforce- rial constituting or containing child pornog- ment agencies have been using these to the seriousness of their conduct or raphy),’’ after ‘‘2252 (sexual exploitation of their danger to society. Mandatories children),’’. statutes with increasing frequency in require the sentencing court to impose (b) TRANSPORTATION FOR ILLEGAL SEXUAL order to catch and punish these preda- the same sentence on offenders when ACTIVITY.—Section 2516(1) of title 18, United tors before they inflict physical harm sound policy and common sense call for States Code, as amended by section 3 of this on a child. reasonable differences in punishment.’’ Act, is amended— But even when law enforcement (1) by striking ‘‘or’’ at the end of paragraph Based on these facts, it is clear that agencies obtain a court order to mon- (o); itor the predator’s Internet conversa- we should not be expanding mandatory (2) by inserting after paragraph (o) the fol- minimums. The better approach would tion with the child, they do not have lowing: the authority under current law to be directing the Sentencing Commis- ‘‘(p) a violation of section 2422 (relating to sion to review and to rationally con- coercion and enticement) or section 2423 (re- monitor the predator’s telephone con- sider increasing the offense level for lating to transportation of minors) of this versations with the child or with po- alien smuggling to reflect the serious- title, if, in connection with that violation, tential co-conspirators. Of course, ness of the offense. the sexual activity for which a person may many times some part of the predator’s be charged with a criminal offense would attempt at seduction of the child will To this end, I offered an amendment constitute a felony offense under chapter to H.R. 238 which would have referred occur over the telephone. If law en- 109A or 110, if that activity took place within forcement officials cannot monitor the the issue to the Sentencing Commis- the special maritime and territorial jurisdic- calls, they may be unable to act to stop sion for further consideration in light tion of the United States; or’’; and him before he physically harms the of the seriousness of the offense. Unfor- (3) by redesignating paragraph (p) as para- child. For that reason, this legislation tunately, the amendment was not graph (q). is necessary. adopted. As a result, we are here today SEC. 3. TECHNICAL AMENDMENT ELIMINATING This bill would address this short- preventing the Sentencing Commission DUPLICATIVE PROVISION. Section 2516(1) of title 18, United States coming in the law by adding three title from doing its job. Code, is amended— 18 crimes as new wiretap predicates. I I therefore must oppose this legisla- (1) by striking the first paragraph (p); and point out to my colleagues that noth- tion, because we are dictating new sen- (2) by inserting ‘‘or’’ at the end of para- ing in the bill would change the re- tences out of context of other crimes 6 graph (o). quirement in current law that a judge weeks before an election. The SPEAKER pro tempore. Pursu- must approve each wiretap request be- I urge my colleagues to vote no on ant to the rule, the gentleman from Ar- fore the wiretap is activated. H.R. 238. kansas (Mr. HUTCHINSON) and the gen- Mr. Speaker, there is nothing more Mr. CONYERS. Mr. Speaker, I have tleman from Michigan (Mr. CONYERS) precious and worthy of protection than no further requests for time, and I each will control 20 minutes. a child. I believe we should do every- yield back the balance of my time. The Chair recognizes the gentleman thing in our power to catch sexual Mr. ROGAN. Mr. Speaker, I have no from Arkansas (Mr. HUTCHINSON). predators before they harm our chil- further requests for time, and I yield GENERAL LEAVE dren. This bill, H.R. 3484, will ensure back the balance of my time. Mr. HUTCHINSON. Mr. Speaker, I that our law enforcement agencies The SPEAKER pro tempore. The ask unanimous consent that all Mem- have the tools to do that. question is on the motion offered by bers may have 5 legislative days within The Department of Justice and the the gentleman from California (Mr. which to revise and extend their re- Department of the Treasury both sup- ROGAN) that the House suspend the marks and include extraneous material port this bill. rules and pass the bill, H.R. 238, as on the bill under consideration. b amended. The SPEAKER pro tempore. Is there 1815 The question was taken; and (two- objection to the request of the gen- Mr. Speaker, I urge all of my col- thirds having voted in favor thereof) tleman from Arkansas? leagues to support it as well. the rules were suspended and the bill, There was no objection. Mr. Speaker, I reserve the balance of as amended, was passed. Mr. HUTCHINSON. Mr. Speaker, I my time. The title was amended so as to read: yield myself such time as I may con- Mr. CONYERS. Mr. Speaker, I yield ‘‘A bill to improve the prevention and pun- sume. such time as he may consume to the ishment of criminal smuggling, trans- Mr. Speaker, I rise in support of H.R. gentleman from Virginia (Mr. SCOTT). porting, and harboring of aliens, and for 3484, which was introduced by the gen- Mr. SCOTT. Mr. Speaker, I rise in op- other purposes.’’. tleman from Florida (Mr. MCCOLLUM), position to H.R. 3484, which would add A motion to reconsider was laid on the chairman of the Subcommittee on to the already lengthy list of predicate the table. Crime, together with the gentlewoman offenses for which wiretap may be f from Connecticut (Mrs. JOHNSON). issued. While I am prepared to support This bill is intended to assist Federal some extension of Federal wiretap au- CHILD SEX CRIMES WIRETAPPING law enforcement agencies to better in- thority in these kinds of cases, I be- ACT OF 2000 vestigate crimes against children. The lieve the present bill goes too far in ex- Mr. HUTCHINSON. Mr. Speaker, I Committee on the Judiciary reported tending law enforcement’s authority to move to suspend the rules and pass the the bill favorably by voice vote. use a tool recognized to be so invasive bill (H.R. 3484) to amend title 18, Under current law, law enforcement of the rights of citizens in a free soci- United States Code, to provide that agencies may only seek court author- ety that it can only be made available H8698 CONGRESSIONAL RECORD — HOUSE October 3, 2000 for use under circumstances specifi- private phone conversations. Now sec- MCCOLLUM) for their leadership and cally approved by Congress. tion 2423(b) makes it an offense to trav- help in bringing this issue and this bill Currently, congressionally approved el with the intent or thought of com- to the floor. wiretap authority dates back to the mitting any sex crime. As I learned from meetings with Cus- 1968 crime bill. The primary intent of Thus pursuant to H.R. 3484, the bill toms Service agents, students, parents the provision was to permit a limited before us, law enforcement would be and teachers, predators lurk no longer use of electronic surveillance of orga- able to get a wiretap where it learns just around the playground. They lurk nized crime and gambling groups, and that an 18-year-old is traveling from in every computer. I was born and it was envisioned as a tool of last re- Washington, D.C. to Northern Virginia raised in Chicago, not in the suburbs, sort even under those circumstances. to have sex with his 17-year-old but in Chicago. I played in the streets The limited approach to authorizing girlfriend. Now, I do not think that we and in the alleys of my neighborhood. wiretap authority was appropriate be- have a compelling need to authorize Yet, I felt safe. I felt safe because I was cause what we are talking about is per- government officials to listen into per- taught that, if I did not go certain mitting law enforcement officials to sonal phone conversations when they places, I would be safe. We were taught engage in the unseemly acts of secretly suspect that such activity may be by our parents, do not go here. Do not eavesdropping on our phone conversa- planned. go there. Stay within these param- tions, conversations which include pri- Mr. Speaker, as I have indicated ear- eters. Because we were taught about marily private content, most of which lier, wiretap authority is so invasive of the dangers around us, we were safe. will have nothing to do with criminal the rights of citizens in a free society Now we have to teach our kids about activity. Unfortunately, since 1968, the that it must be made available only as the dangers that lurk on the Internet act has been amended over a dozen a last resort. The more serious crimi- so they too can enjoy the wonderful re- times and now includes over 50 predi- nal activity for which proponents of sources the Internet can make avail- cate crimes for which wiretap may be the legislation are seeking to justify able to them but enjoy those resources obtained. wiretap extension are mostly covered in safety. Regrettably, a number of those predi- by wiretap authority or other confisca- Twenty-five million kids ages 10 to 17 cates involve rather minor offenses tion authority and investigatory tech- use the Internet. The risks are very such as false statements on a passport niques already. high, and protections for our children application. In justifying further ex- Further, certain provisions of the bill need to be even higher. During one visit to Connecticut, a pansion of wiretap authority, the argu- are overly broad or simply involve con- Customs agent entered a chat room ment now goes, if we amended the duct not serious enough to warrant the camouflaged as a teenage girl and wiretap authority to add ‘‘X,’’ we extraordinary invasion of privacy in- within minutes was solicited by no less should certainly amend it to add ‘‘Y,’’ volved in wiretap authority. than five individuals seeking informa- which is a much more serious offense. As a result, I must oppose this legis- tion about what she looked like, where As a result, wiretaps are becoming rou- lation and urge my colleagues to vote she lived, what she liked to do, all tine, rather than an extraordinary pro- no on H.R. 3484. under the guise of being her friend. cedure to be used only as a last resort. Mr. HUTCHINSON. Mr. Speaker, I Such contacts have led to agree- Given the level of effectiveness of to- yield myself such time as I may con- ments between children and adults to day’s technology, wiretaps have the po- sume. meet, to meet the new friend. They tential of being even more invasive. Mr. Speaker, I want to thank the have led to sexual abuse. But, fortu- At issue today is whether we should gentleman from Virginia (Mr. SCOTT) nately, in Connecticut so far, none of add three new crimes to the wiretap for his work on this. It has been a these encounters have led to abduction predicate offensive list: Criminal Code pleasure in the Subcommittee on and murder. Section 2252A, relating to material Crime to serve with him. I did want to The National Center for Missing and constituting or containing child por- respond, simply as a Federal pros- Exploited Children estimates that nography; section 2422, relating to co- ecutor, I have had experience in re- there are over 10,000 Web sites main- ercion and enticement; and section quests for wiretap authority. All I can tained by pedophiles. There are even 2423, relating to transportation of mi- say is that the Department of Justice, more child pornography sites with as nors. from my experience, uses it very, very much as 80 percent of it coming from Now, while I certainly support en- rarely. other countries. forcement of these provisions, I do not One of the reasons is that, in order to One of the chat rooms I was shown believe that they should all be predi- have wiretap permission, one has to get was named, this was just on the list, cate offenses for wiretaps. The way the authorization at a very, very high level named ‘‘infant rape and torture.’’ bill is presented to us, it is all or noth- in the Department of Justice. So there Times have changed. The dangers are ing. are a number of tools to screen the all around us. We must change our laws First, it is clear from the list of al- overuse of wiretap authority. Then, to arm our investigators with the ready existing sex crime offenses that secondly, there are numerous protec- power they need to protect our chil- much of the more serious activity for tions in it, such as one has to go to a dren. which proponents of the legislation are Federal judge. For those reasons, it is This legislation would create several seeking to justify wiretap extension not something that is a routine law en- new predicate offenses for which a Fed- are already covered by wiretap author- forcement tool, as it should not be. eral agent can seek permission to wire- ity or other confiscation authority and I think that the gentleman from Vir- tap a suspect. While I respect the con- investigatory techniques. For example, ginia is absolutely correct. This should cerns that have been raised on the floor sexual exploitation of children is al- be a tool that should be reserved for here, our bill is essential if these kids ready a crime that is a wiretap predi- the very difficult cases and not just are to be protected from those in the cate. used in a routine fashion. That is some- Internet who would seek them out, be- While I appreciate the majority’s thing that we certainly share, and I friend them, and arrange to meet them willingness to limit sections 2422 and hope that the Department of Justice in places through which they can sexu- 2423 to sexual activity which would will always maintain that view of wire- ally assault them or, as has happened, constitute a Federal felony, the bill tap authority. and will happen more and more often, still includes the overly broad provi- Mr. Speaker, I yield 3 minutes to the lead to their harm and sometimes to sions contained in sections 2252A and gentlewoman from Connecticut (Mrs. their murder. 2423(b) as predicate offenses. JOHNSON), who has really been the Our bill simply modernizes the stat- Section 2252A includes, among other pusher behind this legislation, an ex- ute. The officers would still have to things, computer-generated depictions traordinary advocate for children. present their case to a judge. So I urge of child pornography. Now, the sus- Mrs. JOHNSON of Connecticut. Mr. support of this important legislation. picion that someone may be generating Speaker, I thank the gentleman from Mr. CONYERS. Mr. Speaker, we have filthy depictions on a home computer Arkansas (Mr. HUTCHINSON) and also no further requests for time, and I should not justify listening in to their the gentleman from Florida (Mr. yield back the balance of my time. October 3, 2000 CONGRESSIONAL RECORD — HOUSE H8699 Mr. HUTCHINSON. Mr. Speaker, I is amended by adding at the end the following SEC. 6. EXTENSION OF AUTHORIZED STAY IN new paragraph: CASES OF LENGTHY ADJUDICA- have no further requests for time, and TIONS. ‘‘(5) RULES FOR EMPLOYMENT-BASED IMMI- I yield back the balance of my time. (a) EXEMPTION FROM LIMITATION.—The limi- GRANTS.— The SPEAKER pro tempore (Mr. tation contained in section 214(g)(4) of the Im- ‘‘(A) EMPLOYMENT-BASED IMMIGRANTS NOT OSE). The question is on the motion of- migration and Nationality Act with respect to SUBJECT TO PER COUNTRY LIMITATION IF ADDI- fered by the gentleman from Arkansas the duration of authorized stay shall not apply TIONAL VISAS AVAILABLE.—If the total number of to any nonimmigrant alien previously issued a (Mr. HUTCHINSON) that the House sus- visas available under paragraph (1), (2), (3), (4), visa or otherwise provided nonimmigrant status pend the rules and pass the bill, H.R. or (5) of section 203(b) for a calendar quarter ex- 3484, as amended. under section 101(a)(15)(H)(i)(b) of the Immigra- ceeds the number of qualified immigrants who tion and Nationality Act on whose behalf a peti- The question was taken; and (two- may otherwise be issued such visas, the visas tion under section 204(b) to accord the alien im- thirds having voted in favor thereof) made available under that paragraph shall be migrant status under section 203(b), or an appli- the rules were suspended and the bill, issued without regard to the numerical limita- cation for adjustment of status under section 245 as amended, was passed. tion under paragraph (2) of this subsection dur- to accord the alien status under section 203(b), A motion to reconsider was laid on ing the remainder of the calendar quarter. has been filed, if 365 days or more have elapsed the table. ‘‘(B) LIMITING FALL ACROSS FOR CERTAIN since the filing of a labor certification applica- COUNTRIES SUBJECT TO SUBSECTION (e).—In the f tion on the alien’s behalf, if such certification is case of a foreign state or dependent area to required for the alien to obtain status under sec- AMERICAN COMPETITIVENESS IN which subsection (e) applies, if the total number tion 203(b), or if 365 days or more have elapsed THE TWENTY-FIRST CENTURY of visas issued under section 203(b) exceeds the since the filing of the petition under section maximum number of visas that may be made ACT OF 2000 204(b). available to immigrants of the state or area (b) EXTENSION OF H1–B WORKER STATUS.— Mr. CANNON. Mr. Speaker, I move to under section 203(b) consistent with subsection The Attorney General shall extend the stay of suspend the rules and pass the Senate (e) (determined without regard to this para- an alien who qualifies for an exemption under bill (S. 2045) to amend the Immigration graph), in applying subsection (e) all visas shall subsection (a) in one-year increments until such and Nationality Act with respect to H– be deemed to have been required for the classes time as a final decision is made on the alien’s 1B nonimmigrant aliens, as amended. of aliens specified in section 203(b).’’. lawful permanent residence. The Clerk read as follows: (b) CONFORMING AMENDMENTS.— SEC. 7. EXTENSION OF CERTAIN REQUIREMENTS (1) Section 202(a)(2) of the Immigration and AND AUTHORITIES THROUGH FIS- S. 2045 Nationality Act (8 U.S.C. 1152(a)(2)) is amended CAL YEAR 2002. Be it enacted by the Senate and House of Rep- by striking ‘‘paragraphs (3) and (4)’’ and insert- (a) ATTESTATION REQUIREMENTS.—Section resentatives of the United States of America in ing ‘‘paragraphs (3), (4), and (5)’’. 212(n)(1)(E)(ii)) of the Immigration and Nation- Congress assembled, (2) Section 202(e)(3) of the Immigration and ality Act (8 U.S.C. 1182(n)(1)(E)(ii)) is amended SECTION 1. SHORT TITLE. Nationality Act (8 U.S.C. 1152(e)(3)) is amended by striking ‘‘October 1, 2001’’ and inserting ‘‘Oc- This Act may be cited as the ‘‘American Com- by striking ‘‘the proportion of the visa numbers’’ tober 1, 2002’’. (b) FEE REQUIREMENTS.—Section 214(c)(9)(A) petitiveness in the Twenty-first Century Act of and inserting ‘‘except as provided in subsection of the Immigration and Nationality Act (8 2000’’. (a)(5), the proportion of the visa numbers’’. U.S.C. 1184(c)(9)(A)) is amended in the text SEC. 2. TEMPORARY INCREASE IN VISA ALLOT- NE-TIME PROTECTION UNDER PER COUN- (c) O above clause (i) by striking ‘‘October 1, 2001’’ MENTS. TRY CEILING.—Notwithstanding section 214(g)(4) In addition to the number of aliens who may and inserting ‘‘October 1, 2002’’. of the Immigration and Nationality Act, any (c) DEPARTMENT OF LABOR INVESTIGATIVE AU- be issued visas or otherwise provided non- alien who— immigrant status under section THORITIES.—Section 413(e)(2) of the American (1) is the beneficiary of a petition filed under Competitiveness and Workforce Improvement 101(a)(15)(H)(i)(b) of the Immigration and Na- section 204(a) for a preference status under tionality Act (8 U.S.C. 1101 (a)(15)(H)(i)(b)), the Act of 1998 (as contained in title IV of division paragraph (1), (2), or (3) of section 203(b); and C of Public Law 105–277) is amended by striking following number of aliens may be issued such (2) would be subject to the per country limita- visas or otherwise provided such status for each ‘‘September 30, 2001’’ and inserting ‘‘September tions applicable to immigrants under those para- 30, 2002’’. of the following fiscal years: graphs but for this subsection, (1) 80,000 for fiscal year 2000; SEC. 8. RECOVERY OF VISAS USED FRAUDU- (2) 87,500 for fiscal year 2001; and may apply for, and the Attorney General may LENTLY. (3) 130,000 for fiscal year 2002. grant, an extension of such nonimmigrant sta- Section 214(g)(3) of the Immigration and Na- SEC. 3. SPECIAL RULE FOR UNIVERSITIES, RE- tus until the alien’s application for adjustment tionality Act (8 U.S.C. 1184 (g)(3)) is amended to SEARCH FACILITIES, AND GRADUATE of status has been processed and a decision read as follows: DEGREE RECIPIENTS. made thereon. ‘‘(3) Aliens who are subject to the numerical Section 214(g) of the Immigration and Nation- SEC. 5. INCREASED PORTABILITY OF H–1B STA- limitations of paragraph (1) shall be issued visas ality Act (8 U.S.C. 1184(g)) is amended by add- TUS. (or otherwise provided nonimmigrant status) in ing at the end the following new paragraphs: (a) IN GENERAL.—Section 214 of the Immigra- the order in which petitions are filed for such ‘‘(5) The numerical limitations contained in tion and Nationality Act (8 U.S.C. 1184) is visas or status. If an alien who was issued a paragraph (1)(A) shall not apply to any non- amended by adding at the end the following visa or otherwise provided nonimmigrant status immigrant alien issued a visa or otherwise pro- new subsection: and counted against the numerical limitations vided status under section 101(a)(15)(H)(i)(b)— ‘‘(m)(1) A nonimmigrant alien described in of paragraph (1) is found to have been issued ‘‘(A) who is employed (or has received an offer paragraph (2) who was previously issued a visa such visa or otherwise provided such status by of employment) at— or otherwise provided nonimmigrant status fraud or willfully misrepresenting a material ‘‘(i) an institution of higher education (as de- under section 101(a)(15)(H)(i)(b) is authorized to fact and such visa or nonimmigrant status is re- fined in section 101(a) of the Higher Education accept new employment upon the filing by the voked, then one number shall be restored to the Act of 1965 (20 U.S.C. 1001(a))), or a related or prospective employer of a new petition on behalf total number of aliens who may be issued visas affiliated nonprofit entity; or of such nonimmigrant as provided under sub- or otherwise provided such status under the nu- ‘‘(ii) a nonprofit research organization or a section (a). Employment authorization shall merical limitations of paragraph (1) in the fiscal governmental research organization; or continue for such alien until the new petition is year in which the petition is revoked, regardless ‘‘(B) for whom a petition is filed not more adjudicated. If the new petition is denied, em- of the fiscal year in which the petition was ap- than 90 days before or not more than 180 days ployment authorization shall cease. proved.’’. after the nonimmigrant has attained a master’s SEC. 9. NSF STUDY AND REPORT ON THE ‘‘DIG- degree or higher degree from an institution of ‘‘(2) A nonimmigrant alien described in this paragraph is a nonimmigrant alien— ITAL DIVIDE’’. higher education (as defined in section 101(a) of (a) STUDY.—The National Science Foundation ‘‘(A) who has been lawfully admitted into the the Higher Education Act of 1965 (20 U.S.C. shall conduct a study of the divergence in access United States; 1001(a))). to high technology (commonly referred to as the ‘‘(6) Any alien who ceases to be employed by ‘‘(B) on whose behalf an employer has filed a ‘‘digital divide’’) in the United States. an employer described in paragraph (5)(A) shall, nonfrivolous application for new employment or (b) REPORT.—Not later than 18 months after if employed as a nonimmigrant alien described extension of status before the date of expiration the date of enactment of this Act, the Director in section 101(a)(15)(H)(i)(b), be counted toward of the period of stay authorized by the Attorney of the National Science Foundation shall submit the numerical limitations contained in para- General; and a report to Congress setting forth the findings of graph (1)(A) the first time the alien is employed ‘‘(C) who has not been employed without au- the study conducted under subsection (a). by an employer other than one described in thorization in the United States before or during SEC. 10. MODIFICATION OF NONIMMIGRANT PETI- paragraph (5)(A).’’. the pendency of such petition for new employ- TIONER ACCOUNT PROVISIONS. SEC. 4. LIMITATION ON PER COUNTRY CEILING ment.’’. (a) ALLOCATION OF FUNDS.—Section 286(s) of WITH RESPECT TO EMPLOYMENT- (b) EFFECTIVE DATE.—The amendment made the Immigration and Nationality Act (8 U.S.C. BASED IMMIGRANTS. by subsection (a) shall apply to petitions filed 1356(s)) is amended— (a) SPECIAL RULES.—Section 202(a) of the Im- before, on, or after the date of enactment of this (1) in paragraph (2), by striking ‘‘56.3 per- migration and Nationality Act (8 U.S.C. 1152(a)) Act. cent’’ and inserting ‘‘36.2 percent’’; H8700 CONGRESSIONAL RECORD — HOUSE October 3, 2000

(2) in paragraph (3), by striking ‘‘28.2 per- (5) The Boys and Girls Clubs of America have (e) GRANT AWARDS.—In awarding subgrants cent’’ and inserting ‘‘30.7 percent’’; and the physical structures in place for immediate under this section, the Boys and Girls Clubs of (3) in paragraph (4)(A), by striking ‘‘4 per- implementation of an after-school technology America shall consider— cent’’ and inserting ‘‘2.5 percent’’. program. (1) the ability of the applicant to provide the (b) LOW-INCOME SCHOLARSHIP PROGRAM.— (6) Building technology centers and providing intended services; Section 414(d)(3) of the American Competitive- integrated content and full-time staffing at (2) the history and establishment of the appli- ness and Workforce Improvement Act of 1998 (as those centers in the Boys and Girls Clubs of cant in providing youth activities; and contained in title IV of division C of Public Law America nationwide will help foster education, (3) the extent to which services will be pro- 105–277) is amended by striking ‘‘2,500 per job training, and an alternative to crime for at- vided in crime-prone areas and technologically year.’’ and inserting ‘‘3,125 per year. The Direc- risk youth. underserved populations, and efforts to achieve tor may renew scholarships for up to 4 years.’’. (7) Partnerships between the public sector and an equitable geographic distribution of the (c) NATIONAL SCIENCE FOUNDATION GRANT the private sector are an effective way of pro- grant awards. PROGRAM.—Section 286(s)(4)(B) of the Immigra- viding after-school technology programs in the (f) AUTHORIZATION OF APPROPRIATIONS.— tion and Nationality Act (8 U.S.C. 1356(s)) is Boys and Girls Clubs of America. (1) IN GENERAL.—There is authorized to be ap- amended to read as follows: (8) PowerUp: Bridging the Digital Divide is an propriated $20,000,000 for each of the fiscal ‘‘(B) NATIONAL SCIENCE FOUNDATION COMPETI- entity comprised of more than a dozen nonprofit years 2001 through 2006 to carry out this sec- TIVE GRANT PROGRAM FOR K–12 MATH, SCIENCE organizations, major corporations, and Federal tion. AND TECHNOLOGY EDUCATION.—(i) 25.8 percent of agencies that have joined together to launch a (2) SOURCE OF FUNDS.—Funds to carry out the amounts deposited into the H–1B Non- major new initiative to help ensure that Amer- this section may be derived from the Violent immigrant Petitioner Account shall remain ica’s underserved young people acquire the Crime Reduction Trust Fund. available to the Director of the National Science skills, experiences, and resources they need to (3) CONTINUED AVAILABILITY.—Amounts made Foundation until expended to carry out a direct succeed in the digital age. available under this subsection shall remain and/or matching grant program to support pri- (9) Bringing PowerUp into the Boys and Girls available until expended. vate-public partnerships in K–12 education. Clubs of America will be an effective way to en- Amend the title to read as follows: ‘‘A bill sure that our youth have a safe, crime-free envi- ‘‘(ii) TYPES OF PROGRAMS COVERED.—The Di- to amend the Immigration and Nationality rector shall award grants to such programs, in- ronment in which to learn the technological Act with respect to H–1B nonimmigrant cluding, those which support the development skills they need to close the divide between aliens, and to establish a crime prevention and implementation of standards-based instruc- young people who have access to computer- and computer education initiative.’’. based information and technology-related skills tional materials models and related student as- and those who do not. The SPEAKER pro tempore. Pursu- sessments that enable K–12 students to acquire (c) AFTER-SCHOOL TECHNOLOGY GRANTS TO ant to the rule, the gentleman from an understanding of science, mathematics, and THE BOYS AND GIRLS CLUBS OF AMERICA.— Utah (Mr. CANNON) and the gentleman technology, as well as to develop critical think- (1) PURPOSES.—The Attorney General shall from Michigan (Mr. CONYERS) each will ing skills; provide systemic improvement in make grants to the Boys and Girls Clubs of training K–12 teachers and education for stu- control 20 minutes. America for the purpose of funding effective The Chair recognizes the gentleman dents in science, mathematics, and technology; after-school technology programs, such as stimulate system-wide K–12 reform of science, PowerUp, in order to provide— from Utah (Mr. CANNON). mathematics, and technology in rural, economi- (A) constructive technology-focused activities GENERAL LEAVE cally disadvantaged regions of the United that are part of a comprehensive program to Mr. CANNON. Mr. Speaker, I ask States; provide externships and other opportuni- provide access to technology and technology unanimous consent that all Members ties for students to increase their appreciation training to youth during after-school hours, may have 5 legislative days within and understanding of science, mathematics, en- weekends, and school vacations; gineering, and technology; involve partnerships (B) supervised activities in safe environments which to revise and extend their re- of industry, educational institutions, and com- for youth; and marks and include extraneous material munity organizations to address the educational (C) full-time staffing with teachers, tutors, on S. 2045, as amended. needs of disadvantaged communities; and col- and other qualified personnel. The SPEAKER pro tempore. Is there lege preparatory support to expose and prepare (2) SUBAWARDS.—The Boys and Girls Clubs of objection to the request of the gen- students for careers in science, mathematics, en- America shall make subawards to local boys and tleman from Utah? gineering, and technology.’’. girls clubs authorizing expenditures associated with providing technology programs such as There was no objection. (d) REPORTING REQUIREMENTS.—Section 414 of Mr. CANNON. Mr. Speaker, I yield the American Competitiveness and Workforce PowerUp, including the hiring of teachers and Improvement Act of 1998 (as contained in title other personnel, procurement of goods and serv- myself such time as I may consume. IV of division C of Public Law 105–277) is ices, including computer equipment, or such Mr. Speaker, I am pleased today to amended by adding at the end the following other purposes as are approved by the Attorney rise in support of this legislation. I am new subsection: General. pleased that we are moving forward on ‘‘(e) The Secretary of the Department of Labor (d) APPLICATIONS.— this vital issue for our economy. (1) ELIGIBILITY.—In order to be eligible to re- and the Director of the National Science Foun- America is ascendant. We have a dation shall— ceive a grant under this section, an applicant for a subaward (specified in subsection (c)(2)) strong, consumer-driven, innovative ‘‘(1) track and monitor the performance of economy that is continuing to grow. programs receiving H–1B Nonimmigrant Fee shall submit an application to the Boys and grant money; and Girls Clubs of America, in such form and con- We have more high-tech products ‘‘(2) not later than one year after the date of taining such information as the Attorney Gen- available to our citizens than any enactment of this subsection, submit a report to eral may reasonably require. other country in the world. Low-cost, (2) APPLICATION REQUIREMENTS.—Each appli- the Committees on the Judiciary of the House of high-speed access to the Internet is be- cation submitted in accordance with paragraph Representatives and the Senate— (1) shall include— coming a reality for every person in ‘‘(A) the tracking system to monitor the per- (A) a request for a subgrant to be used for the America. The latest employment num- formance of programs receiving H–1B grant purposes of this section; bers show that this high technology- funding; and (B) a description of the communities to be driven economy has created 340,000 new ‘‘(B) the number of individuals who have com- served by the grant, including the nature of ju- pleted training and have entered the high-skill jobs and the unemployment rate is at venile crime, violence, and drug use in the com- 3.9 percent, a 30-year low. workforce through these programs.’’. munities; SEC. 11. KIDS 2000 CRIME PREVENTION AND COM- (C) written assurances that Federal funds re- The legislation before us today will PUTER EDUCATION INITIATIVE. ceived under this section will be used to supple- help this economic prosperity continue (a) SHORT TITLE.—This section may be cited ment and not supplant, non-Federal funds that by meeting the critical need for skilled as the ‘‘Kids 2000 Act’’. would otherwise be available for activities fund- workers, workers we cannot get enough (b) FINDINGS.—Congress makes the following ed under this section; of. A key but little known fact about findings: (D) written assurances that all activities this booming high-tech economy is (1) There is an increasing epidemic of juvenile funded under this section will be supervised by crime throughout the United States. qualified adults; that it is dependent upon skilled work- (2) It is well documented that the majority of (E) a plan for assuring that program activities ers. We need those. That is like life- juvenile crimes take place during after-school will take place in a secure environment that is blood for us. hours. free of crime and drugs; We cannot produce enough of these (3) Knowledge of technology is becoming in- (F) a plan outlining the utilization of content- highly skilled workers quickly enough creasingly necessary for children in school and based programs such as PowerUp, and the pro- from our own education system to keep out of school. vision of trained adult personnel to supervise pace with the demand. For years we (4) The Boys and Girls Clubs of America have the after-school technology training; and 2,700 clubs throughout all 50 States, serving over (G) any additional statistical or financial in- have had a special immigration pro- 3,000,000 boys and girls primarily from at-risk formation that the Boys and Girls Clubs of gram, the H–1B visa, which allows communities. America may reasonably require. highly skilled workers to come to this October 3, 2000 CONGRESSIONAL RECORD — HOUSE H8701 country temporarily to work for Amer- the Senate only hours ago; yesterday relief under the 1986 law, and restore ican companies in order to meet crit- sometime. section 245(i) relief to persons seeking ical shortages of skilled personnel. The legislation before us today would to adjust their immigration status in Unfortunately, the current program adjust the H–1B visa cap to meet the the United States. still does not provide enough visas to immediate and critical needs of our In my view, if we are going to open meet the growing demands and the high-technology economy. To tell the our borders to hundreds of thousands of growing shortfall of domestically edu- truth, the bill is a significant improve- foreign nationals who do not live here cated high-tech workers. The current ment to the committee-passed bill in to fill employment needs under the H– ceiling of 115,000 visas per year was the Judiciary, which would have im- 1B program, the very least we can do is reached in March, less than halfway posed significant new restrictions that address the existing inequities faced by through the current fiscal year. would have made it far more difficult persons who already live and work here All the world wants to come to this for American employers to utilize the and have family ties in this country. land of opportunity to develop and H–1B program. Yet the majority continues to ignore market their ideas. We want them to This enormous success of our Amer- these very reasonable proposals. They come. We want everyone to be able to ican economy has, in large part, been have refused to give us a hearing in the follow his or her dreams and enrich driven by our information technology Committee on the Judiciary; and, thus, themselves and enrich this country. industry. As a matter of fact, the De- we have not had a markup. Today we The fact that the best and the bright- partment of Commerce estimates that do not even have the opportunity of of- est from the rest of the world want to more than 1.3 million technology work- fering an amendment so that we can come here and work and learn, to in- ers will be needed over the next decade. vote our conscience on the House floor. vent and build businesses is the ulti- Where are we going to get them? En- In terms of the immigration parity mate compliment to our system. We suring that the United States has suffi- provisions, relief is needed to correct should welcome them with open arms. cient, qualified, high-technology per- unfair and discriminatory provisions This is how America spreads democ- sonnel will be a critical determinant of enacted by the majority in the last two racy and the rule of law. The people the success of our national economy Congresses. In 1996, this Congress made will make our country and our econ- over the years to come. So I believe it it almost impossible for deserving im- omy better while they are here and will is imperative that we add some tem- migrants to obtain suspension or de- take our concept of freedom back to porary visas, that we provide for great- portation relief. In 1997, they com- their homes and initiate change there. er permanent visas, and that we at- pounded the problem by offering relief We have worked hard on this H–1B tempt to educate our own citizens so from the 1996 law to Cubans and Nica- legislation to open the doors wide to that we can meet these needs. raguans but not other Central Ameri- educated people, so that they can come But I must point out that there are cans or Haitians. to the United States and give us the some concerns that I have with the I want to quickly add that our Cuban benefits as they develop their ideas. manner that this legislation came to American Members of Congress joined This is the American dream. It should the floor. First off, we are taking up us in supporting a modification that be available to everyone everywhere. the Senate-passed bill under suspension would include Central Americans and The American Competitiveness in the of the rules; there is only one copy in Haitians, and I compliment them for 21st Century Act of 2000 will feed the this room, and it is at the Speaker’s that. high-tech economy with these vital desk. There is no opportunity for The individuals we want to protect workers by providing 195,000 H–1B visas amendment by anyone in the Congress. came to our shores fleeing persecution in fiscal 2000, and that is 80,000 in addi- In this respect, I would note that the at home. They have jobs and families tion to the 115,000 we currently have; bill before us does not contain the in- and roots in this country. They deserve 195,000 for the fiscal year 2001, and crease in visa fees provided under the the same consideration we have given 195,000 for fiscal 2002. Lofgren-Dreier bill. This is not a good other groups of immigrants. Our opponents complain that a great- occasion. By contrast, that bill would As for the late amnesty provisions, er focus on education of American have increased fees by $500 and then al- there is a need to restore fairness to workers is the answer. But this long- located 90 percent of the additional those immigrants who were eligible to term solution cannot meet today’s revenue to the existing math, com- apply for legalization in the mid-1980s critical need. puter science, engineering and science but were not able to do so because the b 1830 related enrichment and regional skills Immigration and Naturalization Serv- American companies will always alliances designed to train current ice misinterpreted the law that the want to recruit the top professionals workers. Congress passed. Had their application they can find, but there is no reason In other words, our measure would been timely processed, most of these why they should have to choose be- have allowed us to begin to prepare immigrants would already be citizens. tween hiring the most qualified em- qualified high-tech workers inside the In 1996, the majority compounded the ployees now to meet their immediate United States. The Clinton administra- problem once again by stripping the needs and support long-term excellence tion likewise has some excellent pro- courts of their authority to grant relief in our schools in the high-tech work- posals in the fee area, and I hope that for the wronged legalization appli- force. They can do both. We can do this language will be added to some cants. Updating the registry date to both. other piece of legislation before we ad- 1986 will avoid all of these problems. The supporters of this legislation journ. So I support the bill with these res- read like a who’s who of the most inno- Number two, the bill fails to contain ervations. It is a marked improvement vative, fastest-growing companies in any of the Latino Fairness provisions over our committee product, but I America, the companies who drive this that those of us in the House, particu- pledge today that our work should not economy forward: Microsoft, Intel, larly the Congressional Hispanic Cau- be considered yet done on immigration Sysco Systems, Sun Microsystems, cus, led by the gentlewoman from Cali- in this Congress. We must increase the Hewlett Packard, and Texas Instru- fornia (Ms. ROYBAL-ALLARD), and spe- fees, otherwise we will be giving our ments. Their demands are infinitely cifically worked on by our distin- children and workers the short shrift reasonable. The only shame in all this guished colleague, the gentleman from in terms of education funding. We have is that we have to spend a year work- Illinois (Mr. GUTIERREZ) and other people here that can and deserve to be ing with Congress to allow them to Members in the House and Senate who high-tech workers in the computer in- hire people and create more jobs. have been pushing these provisions dustry, and we must provide some eq- Mr. Speaker, I reserve the balance of urged by the Congressional Hispanic uity to Latino and Haitian immigrants my time. Caucus and by the Congressional Black who are already here. Mr. CONYERS. Mr. Speaker, I yield Caucus. These provisions would provide Please, members of this committee, myself such time as I may consume. immigration parity for Central Ameri- as a nation of immigrants, we cannot Mr. Speaker, I plan to support this cans and Haitians, would grant late shut our doors and hearts to these indi- bill before us, even though it got out of amnesty to individuals unfairly denied viduals. H8702 CONGRESSIONAL RECORD — HOUSE October 3, 2000 Mr. Speaker, I reserve the balance of cans do not want to see the H–1B quota fill or do not meet required labor con- my time. increased. The poll found that 77 per- ditions, and by potential workers who Mr. CANNON. Mr. Speaker, I yield cent of Americans believe that an in- present false credentials. myself such time as I may consume to crease in H–1B visas reduces employ- b 1845 thank the gentleman from Michigan ment opportunities for American work- (Mr. CONYERS) for his limited support ers. And 86 percent of Americans be- ‘‘The goals of preventing abuse of the of this bill. It is an important bill. lieve that U.S. companies should train program and providing efficient serv- I would just point out that the Sen- U.S. workers to perform jobs in tech- ices to employers and workers are not ate version has been around for a very nical fields, even if it is faster and less being achieved. Evidence suggests that program noncompliance or abuse by long time. There are at least two cop- expensive to fill the jobs with foreign employers may be more prevalent than ies; the Speaker has a copy and my workers. staff has a copy here. So the issue has To satisfy the concerns of the Amer- under other laws.’’ Mr. Speaker, any H–1B bill should been around for a while and it is a very ican people, we need to protect Amer- contain effective antifraud measures as important issue that we need to move ican workers from being undercut by are contained in the Committee on the forward with under the current cir- foreign workers in the H–1B program. Judiciary-passed H.R. 4227. S. 2045 con- cumstances. S.2045 contains no significant provi- tains no such antifraud measures. Mr. Speaker, I yield such time as he sions to protect these American work- may consume to the gentleman from Mr. Speaker, in return for giving ers. It does not require most companies high-tech companies hundreds of thou- Texas (Mr. SMITH), the chairman of the to make a good-faith effort to recruit Subcommittee on Immigration and sands of more foreign workers, all we U.S. workers before hiring foreign ask on behalf of American workers is Claims. workers. It allows all but a small hand- Mr. SMITH of Texas. Mr. Speaker, I some minimal, basic, common sense ful of firms to lay off American work- want to recognize two Members on the safeguards to ensure that businesses do ers and replace the American workers House floor tonight. The gentleman not want to hire cheap foreign workers with foreign workers. from California (Mr. DREIER), who is at the expense of American workers. Why would anyone oppose these com- While this bill has taken significant chairman of the House Committee on mon sense safeguards? What amazes me Rules, has been a tireless advocate on steps to alleviate the presumed short- is that in all the discussions I have had age with more training for American behalf of the high-tech industry. I do with representatives of high-tech com- not know of anyone who has worked workers, such provisions will not yield panies, not a single one has expressed harder, invested more time and energy, benefits for many years. any concern about the impact of this or is more responsible for the bill that Supplying future workers is a dif- legislation on American workers. How we are considering tonight being on the ferent issue altogether from shielding could anyone oppose a safeguard that House floor, and I would like to con- today’s American workers from the says American workers could not be gratulate him in advance on the ex- consequences of admitting so many fired and replaced by a foreign worker? pected passage of this bill. workers from other countries. Second of all, the gentleman from How could anyone not agree to adver- Mr. Speaker, Congress should not tise for American workers before hiring Utah (Mr. CANNON), who just yielded turn its back on American workers. me the time, is an active member of from abroad? How could anyone oppose Again I appreciate and recognize the the Subcommittee on Immigration and paying foreign workers what the aver- work done by the gentleman from Cali- Claims, and he too has been a steadfast age beginning salary is for American fornia (Mr. DREIER) and by the gen- advocate of the high-tech industry. The college graduates, unless they want to tleman from Utah (Mr. CANNON) and gentleman from Utah himself is an en- undercut American wages? congratulate them. trepreneur and he understands first- The Committee on the Judiciary Mr. CONYERS. Mr. Speaker, I yield hand the needs of the high-tech indus- passed a bill, H.R. 4227, that contains such time as she may consume to the try. an additional crucial safeguard for gentlewoman from California (Ms. Mr. Speaker, although there is still American workers. The Committee on LOFGREN), who worked harder on this no objective credible study that docu- the Judiciary passed a bill that set a measure than any other member of the ments the shortage of American high- floor on wages for these workers; Committee on the Judiciary. tech workers, the INS said recently $40,000 per year. This wage is a good Ms. LOFGREN. Mr. Speaker, this is a that the demand for highly skilled for- starting point for any high-tech profes- very good bill that should become law. eign workers is running at least 50,000 sional. It is a salary that American I am a little bit surprised that we are ahead of last year. Such a demand can students fresh out of college are mak- standing here tonight. We did not real- indicate an actual shortage of Amer- ing. This crucial safeguard would pre- ize that the bill would be brought up ican workers, a spot shortage, a pref- vent U.S. companies from hiring for- this evening and actually when I erence for cheap labor or replacement eign workers to undercut the wages of learned that it would be, I was stand- workers, or something else. But be- American workers. ing in line buying a new computer to cause of the importance of the high- Strong anti-fraud measures are also replace my computer which had its tech industry to our economy, I think necessary to address known abuses. An memory burned out in a power surge we should give the industry the benefit article in last Thursday’s ‘‘San Fran- recently. I was glad I was able to get of the doubt. cisco Chronicle’’ says it all: ‘‘Federal into the car pool lanes and get here in But giving high-tech companies the authorities have started nationwide in- time to talk about why this bill de- benefit of the doubt is not without vestigations into the hiring of foreign serves our support. risk, unless we safeguard American high-tech workers, including charges of It was about a year ago that I began workers. We need to recognize the op- visa fraud and allegations that the drafting some of the measures that ul- position of the American people to an practice is riddled with abuse.’’ The timately found their way into the bill H–1B visa increase, Mr. Speaker. Two Chronicle quotes Bill Yates of the INS passed by the Senate last night. But I major polls demonstrate that the vast as stating, ‘‘But are we catching most was not the only one on our side of the majority of Americans do not want to of the fraud? The truthful answer is aisle who worked on this bill. A core see the number of high-tech visas in- that we are not. If it is the intention of group, including the gentleman from creased so much and worry that it will the employee or the employer to de- California (Mr. DOOLEY), the gentleman hurt American workers. fraud the government, you may not be from Virginia (Mr. MORAN), the gentle- A Peter Hart poll conducted in March able to ferret it out.’’ woman from California (Ms. ESHOO), found that 73 percent of Americans do A just-released Government Account- and the gentleman from Washington not want to see immigration law ing Office report states, ‘‘There is not (Mr. SMITH) really put in the extra ef- changed to allow the entry of more for- sufficient assurance that INS reviews fort as a drafting committee and cer- eign high-tech workers. Only 20 percent are adequate for detecting program tainly the gentleman from Michigan wanted more foreign workers. noncompliance or abuse. The program (Mr. CONYERS), the ranking member, A Harris poll, released in September is vulnerable to abuse, both by employ- has been a leader in moving this for- 1998, found that 82 percent of Ameri- ers who do not have bona fide jobs to ward along with the gentleman from October 3, 2000 CONGRESSIONAL RECORD — HOUSE H8703 California (Mr. MATSUI), and finally Mr. CANNON. Mr. Speaker, I yield 2 try. The reason for that is that in the our hero in this on our side of the aisle, minutes to the gentleman from Cali- next few years the demand for skilled the gentleman from Missouri (Mr. GEP- fornia (Mr. ROHRABACHER). technology workers will mushroom HARDT), the minority leader, who has Mr. ROHRABACHER. Mr. Speaker, I worldwide. In the United States alone been stalwart in his efforts to make rise in strong opposition to this legisla- we will need 1.4 million more computer sure that we would get a bill such as tion. This legislation is nothing more programmers, computer scientists and this passed. than a betrayal of American working engineers by the year 2003. Today, 2.5 Mr. Speaker, I have to give the Sen- people. Why should we bring in 240,000 million workers work directly in the ate credit. This bill is better than any foreigners in order to depress the wages high technology industry; and while of the other bills that have been put to- in the United States of America? That American firms dominate information gether, including the one we drafted, is exactly what we are talking about technology markets worldwide, there because it takes the best of so many here. are some 350,000 unfilled high tech- There are enough Americans to do measures and includes them all. It does nology jobs in the United States alone. these jobs. The only thing that is lack- things that are important in reforming To keep pace with demand each year ing is the pay levels and the training. the permanent side of the immigration for the next 10 years, the United States So instead of requiring our companies system which is almost broken because will have to train and hire an addi- to train people to do these high-tech of bureaucratic delay. It allows for tional 130,000 computer scientists, engi- jobs who are unemployed now, like portability of H–1B status as well as neers, and systems analysts. laid-off aerospace industries, or to pay portability of I–140s and labor certifi- And unlike many of those countries a little bit more money to attract our that are falling behind us, our strength cations. It does something about the kids coming out of school, no, instead per-country limits that would, absent a is in our openness, openness to the flow we are going to bring in 240,000 for- of goods and services and capital and remedy, mean that scientists from cer- eigners to keep wages low. In times of tain Asian countries would be dis- people. The warnings from the left and prosperity if you believe in free enter- particularly from the right that more advantaged versus scientists from Eu- prise, that is when wages are supposed ropean countries. This fixes that prob- trade and immigration would throw na- to go up. But if we bring in 240,000 for- tive-born Americans out of work, de- lem. There is lots of good news in this eigners to take these good, high-paying bill, and we should all support it. stroy jobs and drive down wages have tech jobs, those high-paying jobs which proven to be spectacularly wrong. I am There are, however, two things that are now $60,000 that should go to 70 or are not in the bill that I think we need looking for my friend from California, $80,000 will stay at that level. because our economic expansion has to fix. The first has been mentioned by What this bill does is, number one, continued at the highest pace ever. the gentleman from Michigan (Mr. betray our own people who are out of That was the gentleman from Cali- CONYERS) and that has to do with the work who need that training, need fornia (Mr. ROHRABACHER), certainly Central American refugee issue as well those jobs, that are 50 years old; but as the legalization era from the Reagan the Bill Gates billionaires of the world not the gentlewoman from California administration. We hoped that those would rather bring in foreigners and (Ms. LOFGREN), who obviously under- two measures would become law this not have to pay for the training and stands the need. In the last decade trade and invest- year as part of the Commerce-State- not have to pay perhaps for the health ment with and in the United States Justice bill. The President has threat- benefits of someone who is a lot young- economy has reached record levels ened to veto the bill if these Latino er. We should not be subsidizing these while the influx of legal immigrants fairness issues are not included, and 152 billionaire high-tech companies and has averaged close to a million per Democrats last week wrote a letter to these billionaires who have made year. And yet contrary to all the isola- the President saying he would sustain money up in the Silicon Valley. They tionists’ dire predictions, unemploy- his veto if Latino fairness issues are should pay their workers more money, ment has fallen to a 30-year low, 22 not included in the Commerce-State- they should train them and, yes, let us million new jobs have been created, Justice bill. So we are sure that that is have an incentive for more of our real wages have been rising all across going to happen. young people to go into these high-tech companies and high-tech skill areas. If the income scale, and the current eco- The second issue is the fee issue that nomic expansion has just set a record has already been mentioned. The Sen- we keep wages low, our students are not going to be attracted to these high- as the longest in United States history. ate parliamentarian correctly ruled Until workforce training catches up that the fee in the Senate bill was a tech areas. But if we let wages increase as the market would suggest, we will to workforce demand, it is incumbent revenue increase and therefore could upon us to ensure that our employers not be initiated on the Senate side. I do have our students go in that direction to try to get those jobs. have the ability to fill gaps in their not believe we should stop this process workforce with qualified foreign na- of moving the bill forward. We should For someone who believes in the market and supposedly the Repub- tional professionals. By allowing and pass this bill just as it is so we do not encouraging the best and the brightest have to conference it. But that means licans believe in the market, this bill is a betrayal of our principles but a be- from around the globe to bring their we are going to have to include a fee in knowledge and skills to the United another measure, probably an appro- trayal of America’s working people. Let us not bring in 240,000 foreigners to States, and we are a Nation of immi- priations bill that is moving forward. I grants, that is one of the reasons it is am sure that we will get the support of take jobs that could be done by Ameri- cans if they had the training and the working so well, we can preserve our our colleagues across the aisle to make pay levels to get those jobs. high-tech advantage over other coun- sure that happens because there was Mr. CONYERS. Mr. Speaker, I yield 3 tries while at the same time making broad bipartisan support for a fee that minutes to the gentleman from Vir- sure that those same jobs do not move would fund education and training pro- ginia (Mr. MORAN). overseas. This is preventing those jobs grams. Mr. MORAN of Virginia. Mr. Speak- from moving overseas. I think that we have cleared the deck er, I want to thank the distinguished As we have heard, this legislation if for approval of this bill. It is the best ranking member from Michigan, the enacted will ensure that Americans bill that has been considered yet. I gentleman from California (Mr. have the education skills and training would urge all of us to vote for it and DREIER), the gentlewoman from Cali- to take these jobs if they choose to to vote for it with some great degree of fornia (Ms. LOFGREN). A number of pursue the training opportunities that enthusiasm. As Alan Greenspan has other of our colleagues have worked this bill will provide. The dedicated pointed out, much of our economic very hard on this legislation. It is good fees generated by this bill will ensure prosperity is very much related to the legislation. It is essential legislation. that current American workers can be Ph.D’s who have come in from all It benefits a great many industries retrained for high-tech, new economy around the world to come and be Amer- critical to the health of our economy. jobs. That is why we need to support it. icans with us. We are the better for But foremost among those sectors I thank the White House and the that. benefited is the high technology indus- Democratic and Republican leadership. H8704 CONGRESSIONAL RECORD — HOUSE October 3, 2000 It is a fair and productive matter. Let export jobs. I think that is really what you anyway.’’ We have attracted the us vote for it. this comes down to. best and brightest people from all over Mr. CONYERS. Mr. Speaker, I yield 2 Part of the criticism of this bill has the world in part, through this H–1B minutes to the gentleman from New come from people who believe that program, to sustain our high-tech in- York (Mr. OWENS). bringing in new workers would keep dustries. (Mr. OWENS asked and was given wages low. As a practical matter, these A high-tech leader in Austin, only a permission to revise and extend his re- people that are coming in with high couple of months ago, was telling me marks.) skills and high education are making that his situation in not being able to Mr. OWENS. Mr. Speaker, the proc- the pie bigger. They are making us all get qualified people to do the jobs that ess is a betrayal. The process by which wealthier. That is just the fundamental needed to be filled yesterday is not un- this important legislation has been distinction between the sides here. like a steel mill that cannot get an brought to the floor is a betrayal of all I would like to speak for a moment adequate supply of iron ore. of the reasonable Members of this about this new economy and what is Because we have such a serious prob- House who are ready to move to meet going on here. We talk about the new lem, with unemployment at an all-time an emergency. We understand that economy, the Internet economy, the e- low, in being able to get needed work- there is a great need for more workers economy, and yet is there any part of ers, I joined with a bipartisan coalition to be brought in. We understand that our economy that is not affected by back in March to increase the supply of there is a shortage, those figures are this? visas and to reform the process by not rigged, that there is a shortage and Consider, for instance, trucking. The which they are provided. The gentle- it is mushrooming. We understand that first company in the country that woman from California (Ms. LOFGREN) we are going into a cyber-civilization adopted global satellite positioning for has been entirely too modest tonight. and brain power is very important and its trucks was from my district in Without her determined leadership in we cannot hesitate and slow down the Utah, England Trucking. Their profit- forging a bipartisan coalition, we process. We understand the need to do ability skyrocketed initially when they would not have secured H–1B legisla- something. did that, but now every other trucking tion this year. My regret is that it is But why have it brought to the floor company in the country is using that here in this fashion, and that so little in the form of a suspension bill and not technology. And what has happened? has been done to address the other crit- have it debated on the floor of the The cost of trucking has plummeted ical needs such as for modernizing im- House fully and not allow amendments because of that technology. Their migration services with on-line filing to be introduced which would be very greatest problem is getting enough and monitoring. useful for this process? What we are drivers these days. I am here not because I think this is doing here is steamrolling through a If you look at every other element of a good bill, but because it is the only cap. We will have a cap which amounts our economy, take farming, for in- bill that the House leadership will per- to almost 600,000 people over a 3-year stance. The price of a bushel of corn mit us to consider on this issue. To period. 600,000 people are going to be today is the same as it was essentially schedule this debate 3 hours after brought in without any further discus- in 1950, unadjusted for inflation. That Members were told they could leave sion of the process of creating brain is because our farmers have been at the the Capitol because there would be no power. We are going to let nations like very cutting edge of technology. further votes, to schedule it in a way India and China, et cetera, create or let What we are doing with this bill is that limits the debate time to a few their school systems fill this need for bringing in the people that will actu- minutes, to deny all perfecting amend- us because we are not willing to debate ally accelerate the rate at which we ments, is all too typical of the way this and really come to grips with the proc- grow our economy and which we de- House has operated this year under the ess that is needed to generate and de- velop new technologies. The amazing Republican leadership. But after velop this kind of brain power in our thing is that the rate at which we are months of inaction on much a critical own country. absorbing new technology is accel- high tech issue, this unfortunate ap- We have a $230 billion surplus this erating, and the rate at which we have proach shortchanges both this House year and all of the proposals for edu- opportunities to expand technology are and our high-tech industry. cation have been milquetoast pro- accelerating. In what will hopefully be a much better Con- posals. We are not coming to grips with For instance, the Proteon project gress next year, I will continue seeking more the fact that we need to invest very now, which is the application of the comprehensive legislation to reform the visa heavily in infrastructure, very heavily knowledge we have developed through process and to create a separate ``tech visa.'' in computers and equipment. In the the human genome project, is mam- At the same time we must also make much area of immigration alone, we are over- moth; and the opportunities for human more effective use of visa fee revenue to de- looking a supply of manpower that is health and other development from velop the skills of young Americans to fill fu- already here. There are large numbers just that one issue alone are tremen- ture tech job openings so that even more of of young people who come out of our dous. our neighbors can share our economic suc- high schools, they are undocumented, So we do not have a dearth of jobs; cess. they come out of the high schools be- we have a dearth of people to carry Mr. CONYERS. Mr. Speaker, I yield 2 cause they are allowed to go to public these great opportunities forward. minutes to the gentleman from Wash- schools, but they cannot go to college Mr. Speaker, I reserve the balance of ington (Mr. SMITH). and receive scholarships because they my time. Mr. SMITH of Washington. Mr. are undocumented. They have the Mr. CONYERS. Mr. Speaker, I yield 2 Speaker, I rise in support of this bill. I brain power. I wanted to offer an minutes to the gentleman from Texas particularly want to thank the gentle- amendment where they would be al- (Mr. DOGGETT). woman from California (Ms. LOFGREN) lowed special status, also. There are Mr. DOGGETT. Mr. Speaker, I thank for her outstanding leadership on this numerous amendments that were wait- the gentleman for yielding me time. issue. She has been working a long ing to be attached to this bill to make Mr. Speaker, in central Texas, work- time at it and has done a tremendous it better, and we have violated the force development is the number one, job, and this is very important to the trust of the people who wanted to overriding high-tech issue. From the future of our economy. make this happen. work that my office does with one I too regret a little bit the way this technology company after another in bill has come to the floor, but it is still b 1900 helping get H–1B visas processed, I a critical issue if we are going to move Mr. CANNON. Mr. Speaker, I yield know that such visas represent one forward with the high-tech economy myself such time as I may consume. short-term answer to our needs. and keep our economy moving. Mr. Speaker, I just had a phone call One reason that Austin, Texas pros- We all know that the long-term solu- from the president and CEO of Intel, pers is by living the lyrics of that great tion to the skills gap we have in this Mr. Craig Barrett, whose view of this is Texan Lyle Lovett, who sings, ‘‘Oh no, country is not going to be immigrants that we can either import workers, or you’re not from Texas, but Texas wants from other countries. The long-term October 3, 2000 CONGRESSIONAL RECORD — HOUSE H8705 solution definitely involves improving I want to say, first of all, that the government barriers, so that we can our education system, and we are chairman of the Subcommittee on Im- make sure that that expertise is here. working to do that and we must work migration and Claims (Mr. SMITH), has Now, a number of people have men- to do that. But in the short-term it is been extremely helpful in moving this tioned the fact that we have seen tre- to our country’s advantage to go out process ahead, and there are a litany of mendous strides in the area of bio- and take the best and brightest from people on our side who have always technology. The gentleman from Utah the rest of the world and bring them to worked very hard on this: the gen- (Mr. CANNON) just spoke eloquently the U.S. to help grow our economy. tleman from Utah (Mr. CANNON), who is about the genome project. When you I guess the strongest disagreement I managing this bill now; the gentleman look at the fact that we want to cure a have with the opponents of this legisla- from California (Mr. COX); the gen- wide range of diseases that are out tion is their claim that it is going to tleman from Virginia (Mr. DAVIS); the there, Alzheimer’s, Parkinson’s, can- cost us jobs. It is going to create jobs. gentleman from Virginia (Mr. GOOD- cer, heart disease, we need to make In the Seattle-Puget Sound corridor, LATTE); and the gentleman from Michi- sure that we continue with innovation. every high-tech job has an incredible gan (Mr. EHLERS), who has the very im- That is why the pharmaceutical indus- multiplier effect. It creates jobs. Bring- portant component which really has try, which I know has been criticized in ing in people who can fill these jobs is not been mentioned a lot, and that is this presidential debate, is very key. going to allow not just the Microsofts the issue of education, his focus on They have to have the expertise avail- and the Boeings, but hundreds, if not math and science education, which will able to do this. Also in the technology thousands, of small companies in my create a scenario where we do not have sector, again, that ripple effect which district and my region to grow, by get- to rely on H–1B visas for these jobs to the gentleman from Washington (Mr. ting the skilled workers they need to be filled in the United States. SMITH) mentioned is so key, because enable them to continue to compete in That is the long-term solution. I jobs will be created right here. our global economy and grow and actu- should say that is why my colleague, What we have is a situation where we ally create jobs. the gentleman from Massachusetts are relying on people and brain power, It is in our best interest to bring the (Mr. MOAKLEY), the ranking minority not steel and machines. That is the best and the brightest from the rest of member of the Committee on Rules, wave of the future. So for us to break the world here to help our economy. and I have joined just a little while ago down a governmental barrier is the That is the competitive and wise thing in introducing H.R. 5362, which takes best thing for us. That is why, Mr. to do. the very important component in our This bill moves us in the right direc- Speaker, I am very proud that we are legislation which is designed to in- tion. There are many other immigra- going to move forward in doing the crease the fee from $500 to $1,000. Why? tion issues that need to be addressed. right thing. So that we can have the resources nec- The gentlewoman from California (Ms. essary to address these very important The gentleman from Illinois (Speaker LOFGREN) once again has been an out- issues which the gentleman from HASTERT) and the gentleman from standing leader on all of those issues. Michigan (Mr. EHLERS) has focused on. Texas (Mr. ARMEY), our majority lead- We should address them, and we will Now, let me say that, again, this has er, have worked long and hard and have work on them. But expanding the num- been a bipartisan effort, and I want to been very supportive of this. I am ber of skilled workers that our busi- express my appreciation to the gentle- pleased that having gone through this nesses in this country have access to is woman from California (Ms. LOFGREN). challenging time, that we have come the most critical issue facing business. together in a bipartisan way. Every business I go to, when I ask We have gone through some bumpy them what issues are most important times on this issue; but we have come, I hope that we can overwhelmingly to them, they always tell me the same again, to accept this very, very great pass this, take this language, send it thing: workforce. ‘‘We can’t get the piece of legislation that our colleagues down to the President for his signa- people we need to grow to the level in the Senate by a vote of 96 to 1 have ture, and improve the quality of life for that we could be growing if we had passed. the people in the United States and those employees.’’ Also there are other people on the around the world, and increase the This is a critical issue. I urge this other side of the aisle who have worked number of American jobs right here for House to pass this. It is not a perfect hard on this, including the gentleman Americans. process. Nobody ever said Congress was from Virginia (Mr. MORAN); my col- Mr. DAVIS of Virginia. Mr. Speaker, I rise to a perfect process. But it is a good bill league, the gentleman from California support S. 2045, the American Competitive- that we should support. (Mr. DOOLEY); and the gentleman from ness in the Twenty-First Century Act of 2000. Mr. CANNON. Mr. Speaker, I yield Washington (Mr. SMITH), who just spoke very eloquently about the fact In the summer of 1999, the House Judiciary the balance of my time to the gen- Subcommittee on Immigration and Claims held tleman from California (Mr. DREIER) to that we will be creating jobs right here hearings to investigate the workforce shortage close. Let me point out that the gen- in the United States by increasing the affecting America's high-tech industry. The tleman from California (Mr. DREIER) number of H–1B visas. high-tech industry's explosion in the U.S. has has been the fire and the work behind Today there are about 300,000 jobs created over 1 million jobs since 1993 and has the bill in getting it to this point. that need to be filled, and those jobs The SPEAKER pro tempore (Mr. have not been filled. Why? Because we produced an industry unemployment rate of 1.4 percent. As a result, our nation's economy OSE). The gentleman from California is do not have the expertise here in the recognized for 5 minutes. United States to do that. Now, what is has soared and the American people are en- Mr. DREIER. Mr. Speaker, in less it that can allow us to fill them? To joying the highest standard of living in history. than 2 hours millions of Americans are make sure that we break down barriers However, the United States' computer and going to be watching what will cer- and allow that expertise, regardless of information technology industry does not have tainly be a very exciting and stimu- where it is in the world, to be right access to growing numbers of highly skilled lating debate that will take place be- here in the United States. personnel. Lack of skilled workers threatens tween Governor Bush and Vice Presi- The gentleman from Utah (Mr. CAN- our nation's ability to maintain robust eco- dent Gore. It is going to be a very par- NON) just quoted the chairman of Intel, nomic growth and expanding opportunities. tisan debate, and that is why I am Craig Barrett, who said very appro- The H±1B visa program allows foreign profes- happy that we in the House of Rep- priately that we can either choose to sionals to enter and work ``temporarily'' in the resentatives just 2 hours before that import workers, or export jobs. The U.S. There are currently over 364,000 unfilled debate are able to participate in a very fact is there are countries in the world positions in the high-tech industry. In Northern important bipartisan effort here. It is today that would very much like us to Virginia alone, there are 28,000 openings. The one, as my friend, the gentlewoman see not only the jobs, but actually the Department of Labor projects that this deficit from California (Ms. LOFGREN), said, bases for these operations, the head- will increase by 1 million workers in the next that began over a year ago. And, yes, it quarters, to move to Singapore, Ireland decade. At the present time, the annual limit was about a year ago that we began or other spots in the world. We need to for granting H±1B visas is 115,000, which was working together on this issue. do everything we can to break down reached in March, 2000. H8706 CONGRESSIONAL RECORD — HOUSE October 3, 2000 America needs to sustain its position as the S. 1198 (4) PROCEDURES FOR PRIORITIES OF RE- world leader in the information technology in- Be it enacted by the Senate and House of Rep- QUESTS.—The Comptroller General shall have dustry. The critical need for highly-skilled infor- resentatives of the United States of America in discretion to develop procedures for deter- Congress assembled, mining the priority and number of requests mation technology workers demands that we for review under paragraph (1) for which a re- SECTION 1. SHORT TITLE. take action now to ensure our continued port will be submitted under paragraph (2). This Act may be cited as the ‘‘Truth in strength in light of today's global economy. (b) AUTHORITY OF COMPTROLLER GENERAL.— There is no question that we need to educate Regulating Act of 2000’’. Each agency shall promptly cooperate with our children and retrain our current workers to SEC. 2. PURPOSES. the Comptroller General in carrying out this fulfill the demands of an IT workplace. But The purposes of this Act are to— Act. Nothing in this Act is intended to ex- (1) increase the transparency of important these are long-term challenges that we are at- pand or limit the authority of the General regulatory decisions; Accounting Office. tempting to address in this legislation and (2) promote effective congressional over- through education programs and IT training SEC. 5. AUTHORIZATION OF APPROPRIATIONS. sight to ensure that agency rules fulfill stat- There are authorized to be appropriated to tax incentives, among others. utory requirements in an efficient, effective, the General Accounting Office to carry out We must ease the short-term skilled worker and fair manner; and this Act $5,200,000 for each of fiscal years 2000 shortage that is a function of a booming indus- (3) increase the accountability of Congress through 2002. try that has increased employment and con- and the agencies to the people they serve. SEC. 6. EFFECTIVE DATE AND DURATION OF tributed to a growing budget surplus. And we SEC. 3. DEFINITIONS. PILOT PROJECT. need to do so by increasing American compa- In this Act, the term— (a) EFFECTIVE DATE.—This Act and the nies' access to the best-educated and best- (1) ‘‘agency’’ has the meaning given such amendments made by this Act shall take ef- trained minds if we are to maintain our posi- term under section 551(1) of title 5, United fect 90 days after the date of enactment of States Code; this Act. tion as the leader of the Information Age. In- (2) ‘‘economically significant rule’’ means (b) DURATION OF PILOT PROJECT.—The pilot deed, many of these workers are trained in any proposed or final rule, including an in- project under this Act shall continue for a American universities. Yet we send them back terim or direct final rule, that may have an period of 3 years, if in each fiscal year, or home to use those skills on behalf of our com- annual effect on the economy of $100,000,000 portion thereof included in that period, a petitors. Let us keep these minds within Amer- or more or adversely affect in a material way specific annual appropriation not less than ica's borders for the benefit of American citi- the economy, a sector of the economy, pro- $5,200,000 or the pro-rated equivalent thereof zens. ductivity, competition, jobs, the environ- shall have been made for the pilot project. (c) REPORT.—Before the conclusion of the There have been concerns expressed that ment, public health or safety, or State, local, or tribal governments or communities; and 3-year period, the Comptroller General shall companies want foreign skilled workers in (3) ‘‘independent evaluation’’ means a sub- submit to Congress a report reviewing the ef- order to avoid paying American citizens' high- stantive evaluation of the agency’s data, fectiveness of the pilot project and recom- er wages to do the same job. However, tem- methodology, and assumptions used in devel- mending whether or not Congress should per- porary employees are not paid any less than oping the economically significant rule, manently authorize the pilot project. their counterparts. In fact, I find it difficult to including— The SPEAKER pro tempore. Pursu- believe that a company would endure the (A) an explanation of how any strengths or ant to the rule, the gentleman from weaknesses in those data, methodology, and time-consuming process and cost of attracting Wisconsin (Mr. RYAN) and the gen- a foreign worker instead of hiring home-grown assumptions support or detract from conclu- sions reached by the agency; and tleman from Ohio (Mr. KUCINICH) each talent. (B) the implications, if any, of those will control 20 minutes. As an original sponsor of the Dreier-Lofgren strengths or weaknesses for the rulemaking. The Chair recognizes the gentleman HI±TECH Act, I am very pleased that we are SEC. 4. PILOT PROJECT FOR REPORT ON RULES. from Wisconsin (Mr. RYAN). moving quickly to pass the H±1B legislation (a) IN GENERAL.— GENERAL LEAVE approved by the other body. I am a firm be- (1) REQUEST FOR REVIEW.—When an agency Mr. RYAN of Wisconsin. Mr. Speaker, liever in the market system. Here, the informa- publishes an economically significant rule, a I ask unanimous consent that all Mem- tion technology industry is experiencing a chairman or ranking member of a committee bers may have 5 legislative days within shortage of highly-trained and skilled workers, of jurisdiction of either House of Congress which to revise and extend their re- forcing them to look abroad for such trained may request the Comptroller General of the marks on S. 1198. United States to review the rule. professionals. With this legislation, we can be The SPEAKER pro tempore. Is there certain that as we shift the focus of our early (2) REPORT.—The Comptroller General shall submit a report on each economically objection to the request of the gen- educational efforts to fulfilling the demands of significant rule selected under paragraph (4) tleman from Wisconsin? an Information Economy, that in the mean- to the committees of jurisdiction in each There was no objection. time, the best and brightest minds will guide House of Congress not later than 180 cal- b 1915 America into the new millennium. For these endar days after a committee request is re- reasons, I urge all of my colleagues to vote in ceived. The report shall include an inde- Mr. RYAN of Wisconsin. Mr. Speaker, favor of S. 2045. pendent evaluation of the economically sig- I yield myself such time as I may con- The SPEAKER pro tempore. The nificant rule by the Comptroller General. sume. question is on the motion offered by (3) INDEPENDENT EVALUATION.—The inde- Mr. Speaker, S. 1198 is Truth in Reg- pendent evaluation of the economically sig- the gentleman from Utah (Mr. CANNON) ulating Act of 2000. It is a bipartisan nificant rule by the Comptroller General good government bill. It establishes a that the House suspend the rules and under paragraph (2) shall include— pass the Senate bill, S. 2045, as amend- (A) an evaluation of the agency’s analysis regulatory analysis function with the ed. of the potential benefits of the rule, includ- General Accounting Office. This func- The question was taken; and (two- ing any beneficial effects that cannot be tion is intended to enhance congres- thirds having voted in favor thereof) quantified in monetary terms and the identi- sional responsibility for regulatory de- the rules were suspended and the Sen- fication of the persons or entities likely to cisions developed under the laws Con- ate bill, as amended, was passed. receive the benefits; gress enacts. It is the product of the A motion to reconsider was laid on (B) an evaluation of the agency’s analysis leadership over the past few years of of the potential costs of the rule, including the gentlewoman from New York (Mrs. the table. any adverse effects that cannot be quantified f in monetary terms and the identification of KELLY), the chairwoman of the Sub- committee on Regulatory Reform and TRUTH IN REGULATING ACT OF the persons or entities likely to bear the costs; Paperwork Reduction, who will be join- 2000 (C) an evaluation of the agency’s analysis ing us here in a few minutes. Mr. RYAN of Wisconsin. Mr. Speaker, of alternative approaches set forth in the no- The most basic reason for supporting I move to suspend the rules and pass tice of proposed rulemaking and in the rule- this bill is constitutional, as Congress the Senate bill (S. 1198) to establish a making record, as well as of any regulatory needs a Congressional Budget Office to 3-year pilot project for the General Ac- impact analysis, federalism assessment, or check and balance the executive counting Office to report to Congress other analysis or assessment prepared by the branch in the budget office, so too does agency or required for the economically sig- on economically significant rules of nificant rule; and it need an analytic capability to check Federal agencies, and for other pur- (D) a summary of the results of the evalua- and balance the executive branch in poses. tion of the Comptroller General and the im- the regulatory process. GAO is a log- The Clerk read as follows: plications of those results. ical location since it already has some October 3, 2000 CONGRESSIONAL RECORD — HOUSE H8707 regulatory review responsibilities regulatory analysis legislation, S. 1198, in itself is a watered-down version of under the Congressional Review Act. which we are now considering by unan- the complete reform that is needed to Mr. Speaker, article 1, section 1 of imous consent, I might add. implement Congress’ Constitutional re- the U.S. Constitution vests all legisla- Like the McIntosh and Kelly bills, sponsibility for regulatory oversight, tive powers in the U.S. Congress. While the Senate legislation would also es- but it was a step in the right direction. Congress may not delegate its legisla- tablish a regulatory analysis function On June 29, the House passed H.R. tive functions, it routinely authorizes within the GAO. 4924. Unfortunately, the Senate has not executive branch agencies to issue During the 106th Congress, the Com- yet considered H.R. 4924. Since we are rules that implement laws passed by mittee on Government Reform did not at the close of the 106th Congress, we Congress. Congress has become increas- hold a hearing specifically on one of now, however, urge the House’s favor- ingly concerned about its responsi- the CORA bills. However, the sub- able consideration of S. 1198. bility to oversee agency rulemaking, committee did hold a June 14 hearing Mr. Speaker, S. 1198 does not require especially due to the extensive costs entitled, does Congress delegate too or expect GAO to conduct any new reg- and impacts of Federal Rules. much power to agencies and what ulatory impact analyses or cost benefit During the 105th Congress, the House should be done about it? analyses, or other impact analyses. Government Reform Subcommittee on Witnesses testified that Congress However, GAO’s independent evalua- National Economic Growth, Natural needs its own, in-house, regulatory tion should lead the agencies to pre- Resources and Regulatory Affairs analysis capability so that Members pare any missing cost/benefit analysis, chaired by the gentleman from Indiana could especially provide timely com- small business impact, federalism im- (Mr. MCINTOSH) held a hearing on the ment on proposed rules, while there is pact, or any other missing analysis. earlier Kelly regulatory analysis bill, still an opportunity to influence the For example, after the MacIntosh sub- H.R. 1704. This bill sought to establish costs, the scope, and the content of committee insisted that the Depart- a new, freestanding congressional agen- final agency action. ment of Labor prepare a missing RIA cy. The subcommittee then marked up On June 26, the gentlewoman from for its ‘‘Baby UI’’ rule, Labor finally and reported her bill, H.R. 1704, and New York (Mrs. KELLY) and the gen- prepared one. called for the establishment of a new tleman from Indiana (Mr. MCINTOSH) Here is basically in a nutshell, Mr. legislative branch, Congressional Office introduced H.R. 4744, which included Speaker, how S. 1198 works. A chair- of Regulatory Analysis commonly re- several needed improvements to S. man or a ranking member of a com- ferred to as CORA, to analyze all major 1198, along the lines suggested by the mittee of jurisdiction may request that rules and report to Congress on poten- witnesses at this June 14th hearing. GAO submit an independent evaluation tial costs, benefits, and alternative ap- For example, whereas S. 1198 merely to the committee of a major proposed proaches that could achieve the same permits GAO to assist Congress in sub- or final rule within 180 days. GAO’s regulatory goals at lower costs. mitting timely comments on proposed analysis shall include an evaluation of This agency was intended to aid Con- regulations during the public comment the potential benefits of the rule, po- gress in analyzing Federal regulations. period. H.R. 4744 would require GAO to tential costs of the rule, alternative The committee report stated Congress provide such assistance. This is a crit- approaches in the rulemaking record, needs the expertise that CORA would ical improvement, because it is only by and various impact analyses. provide to carry out its duty under the commenting on proposed rules during Congress currently has two opportu- CRA. Currently Congress does not have the public comment period that Con- nities to review agency regulatory ac- the information it needs to carefully gress has any real opportunity to influ- tions. Under the Administrative Proce- evaluate regulations. The only anal- ence the costs, the scope and the con- dures Act, Congress can comment on yses it has to rely on are those pro- tent of regulation. an agency proposed and interim rules vided by the agencies which promul- In addition, unlike S. 1198, H.R. 4744 during the public comment period. The gate the rules. would require GAO to review not only APA’s fairness provisions require that There is no official, third-party anal- the agency’s data but also the public’s all members of the public, including ysis of new regulations. Unfortunately, data to assure a more balanced evalua- Congress, be given an equal oppor- CORA supporters in the 105th Congress tion, analyze not only rules costing tunity to comment. Late congressional could not overcome the resistance of $100 million or more, but also rules comments cannot be considered by an the defenders of the regulatory status with a significant impact on small agency unless all other late comments quo. Opponents argued that creating a businesses, and examine whether alter- are equally considered. Agencies can new congressional agency would be fis- natives not considered by the agencies ignore comments filed by Congress cally irresponsible. But by this logic, might achieve the same goal in a more after the end of the public comment pe- Congress ought to abolish CBO, as an cost-effective manner or with greater riod, as the Department of Labor did even more heroic demonstration of fis- net benefits. during its Baby UI period in its rule. cal conservatism in action. Of course, On June 29, the Committee on Gov- Therefore, since GAO cannot be given most of us recognize that disbanding ernment Reform favorably reported more time than other members of the the CBO, however, penny-wise would be H.R. 4744 with a very thorough discus- public to comment, GAO should com- pound foolish. sion of issues in its accompanying re- plete its review of agency regulatory In this Congress, 106th Congress, the port, but on June 24, the gentlewoman proposals during the public comment chairman of the Subcommittee on Na- from New York (Mrs. KELLY) and the period. tional Economic Growth, Natural Re- gentleman from Indiana (Chairman Under the CRA, Congress can dis- sources and Regulatory Affairs, the MCINTOSH), along with the gentleman approve an agency final rule after it is gentleman from Indiana (Chairman from California (Mr. CONDIT) and the promulgated but before it is effective. MCINTOSH), and myself, as vice chair- gentleman from Texas (Mr. TURNER) in- Unfortunately, Congress has been un- man, and the gentlewoman from New troduced H.R. 4924. able to carry out its responsibility York (Mrs. KELLY), chairwoman of This bill included only a few of H.R. under the CRA because it neither has Subcommittee on Regulatory Reform 4744’s improvements to S. 1198, the in- had all of the information it needs to and Paperwork Reduction, seeking to clusion within the scope of GAO’s pur- carefully evaluate agency regulatory accommodate the prejudice against a view of agency rules with a significant proposals nor sufficient staff for this freestanding agency, introduced sepa- impact on small businesses, a directive function. rate bills, H.R. 3021 and H.R. 3669 re- to GAO to submit its independent eval- In fact, since the March 1996 enact- spectively, to establish a CORA func- uation of proposed rules within the ment of the CRA, there has been no tion within the GAO, which is an exist- public comment period, albeit only completed congressional resolutions of ing legislative branch agency capable when doing so is practicable. House Re- disapproval. To assume oversight re- of performing such functions. port 106–772 explains the basis for these sponsibility for Federal regulations, The MacIntosh and Kelly bills were improvements. Congress needs to be armed with an introduced in January and February. Mr. Speaker, H.R. 4924 was, in my independent evaluation, that is why we On May 9, the Senate passed its own judgment, inferior to H.R. 4744, which are doing this. H8708 CONGRESSIONAL RECORD — HOUSE October 3, 2000 What is needed is an analysis of legis- S. 1198, the ``Truth in Regulating Act of bills in January and February 2000. On May lative history to see if there is a non- 2000,'' is a bi-partisan, good government bill. 9th, the Senate passed its own regulatory delegation problem, such as in the It establishes a regulatory analysis function analysis legislation, S. 1198, by unanimous Food and Drug Administration’s pro- within the General Accounting Office (GAO). consent. Like the McIntosh and Kelly bills, the posed rule to regulate tobacco prod- This function is intended to enhance Congres- Senate legislation would also establish a regu- ucts, which was struck by the Supreme sional responsibility for regulatory decisions latory analysis function within GAO. Court in FDA v. Brown & Williamson, developed under the laws Congress enacts. It During the 106th Congress, the Government or backdoor legislating, such as in the is the product of the leadership over the last Reform Committee did not hold a hearing spe- Department of Labor’s Baby UI rule, few years of Small Business Subcommittee cifically on one of the CORA bills. However, which provides paid family leave to Chairwoman on Regulatory Reform and Pa- the Subcommittee on National Economic small business employees, even though perwork Reduction, SUE KELLY. Growth, Natural Resources, and Regulatory Congress in the Family and Medical The most basic reason for supporting this Affairs did hold a June 14th hearing, entitled Leave Act said no to paid family leave bill is Constitutional: Just as Congress needs ``Does Congress Delegate Too Much Power to and any coverage of small businesses. a Congressional Budget Office (CBO) to check Agencies and What Should be Done About Sometimes the quickest or the only and balance the Executive Branch in the It?'' Witnesses at the hearing included Senator way to find that an agency has ignored budget process, so it needs an analytic capa- SAM BROWNBACK, Representative J.D. a congressional intent or failed to con- bility to check and balance the Executive HAYWORTH, former Administrator of the Office sider less costly or nonregulatory al- Branch in the regulatory process. GAO is a of Management and Budget's (OMB's) Office ternatives, is to examine nonagency or logical location since it already has some reg- of Information and Regulatory Affairs Dr. public data and analysis. It is for that ulatory review responsibilities under the Con- Wendy Lee Gramm, former OMB General reason that, under H.R. 4744, GAO gressional Review Act (CRA). Counsel Alan Raul, and New York Law School would be required to consult the Article I, Section 1 of the U.S. Constitution Professor David Schoenbrod. public’s data in the course of evalu- vests all legislative powers in the U.S. Con- Witnesses stressed that Congress needs its own, in-house, regulatory analysis capability ating agency’s rules. Although S.1198 gress. While Congress may not delegate its so that Members could especially provide does not require GAO to review public legislative functions, it routinely authorizes Ex- timely comment on proposed rules, while there data, it does not forbid it. And I bring ecutive Branch agencies to issue rules that is still an opportunity to influence the cost, this up, because some hope that S.1198 implement laws pass by Congress. Congress scope and content of the final agency action. implicitly contains a gag order, forbid- has become increasingly concerned about its ding GAO to consult any analyses of Witnesses stated that a regulatory analysis responsibility to oversee agency rulemaking, data except those supplied by the agen- function should: (a) take into account Con- especially due to the extensive costs and im- cy. That is an incorrect reading, how- gressional legislative intent; (b) examine other, pacts of Federal rules. less costly regulatory and nonregulatory alter- ever, and the purpose and hope of this During the 105th Congress, the House Gov- bill is to enable Congress to comment native approaches besides those in an agency ernment Reform Subcommittee on National proposal; and (c) identify additional, non-agen- knowledgeably about agency rules Economic Growth, Natural Resources, and from the standpoint of a truly inde- cy sources of data on benefits, costs, and im- Regulatory Affairs, chaired by DAVID pendent evaluation of those rules, in- pacts of an agency's proposal. MCINTOSH, held a hearing on Mrs. KELLY's cluding the consumption and evalua- Dr. Gramm testified that, ``there's clearly a earlier regulatory analysis bill (H.R. 1704), tion of public outside data. need for more and better analysis that is inde- which would sought to establish a new, free- Instructed by GAO’s independent pendent of the agency writing the regulation evaluations, Congress then will be bet- standing Congressional agency. The Sub- . . . In my view, Congress cannot carry out its ter equipped to review final agency committee then marked up and reported her responsibilities effectively without such anal- rules under the CRA. More impor- bill (H. Rept. 105±441, Part 2). H.R. 1704 ysis.'' She continued by recommending, ``a tantly, Congress will be better called for the establishment of a new Legisla- shadow OIRA . . . to perform independent, equipped to submit timely and knowl- tive Branch Congressional Office of Regu- high-quality analysis of agency regulations at edgeable comments on proposed rules latory Analysis (CORA) to analyze all major the proposal stage . . . whether or not the during the public period. Some CORA rules and report to Congress on potential agency has considered the different alter- foes hope that all GAO analyses of pro- costs, benefits, and alternative approaches natives, what might be other alternatives . . . posed rules will be untimely and, there- that could achieve the same regulatory goals I would suggest that all this analysis be done fore, have no effect on the substance of at lower costs. This agency was intended to at the proposal stage so that this information rules, which I am confident that GAO aid Congress in analyzing Federal regulations. can be put into the rulemaking record.'' will want to please, rather than annoy The Committee Report stated, ``Congress On June 26th, Chairwoman KELLY and its customers, those of us serving in needs the expertise that CORA would provide Chairman MCINTOSH introduced H.R. 4744, Congress and will help submit timely to carry out its duty under the CRA. Currently, which included several needed improvements regulatory analysis. Congress does not have the information it to S. 1198, along the lines suggested by the Thus, even though this bill is a far needs to carefully evaluate regulations. The witnesses at the June 14th hearing. For exam- cry from the original Kelly idea of a only analyses it has to rely on are those pro- ple, whereas S. 1198 merely permits GAO to CORA legislation, this legislation, vided by the agencies which promulgate the assist Congress in submitting timely com- S.1198, will increase the transparency rules. There is no official, third-party analysis ments on proposed regulations during the of important regulatory decisions. It of new regulations'' (p. 5). public comment period, H.R. 4744 would re- will promote effective congressional Unfortunately, CORA supporters in the quire GAO to provide such assistance. This oversight, and it will increase the ac- 105th Congress could not overcome the re- was a critical improvement, because it is only countability of Congress. sistance of the defenders of the regulatory sta- by commenting on proposed rules during the The best government is a government tus quo. Opponents argued that creating a public comment period that Congress has any that is accountable to the people. For new Congressional agency would be fiscally real opportunity to influence the cost, scope, America to have an accountable regu- irresponsible. By this logic, Congress ought to and content of regulation. In addition, unlike S. latory system, the peoples elected rep- abolish CBO, as an even more heroic dem- 1198, H.R. 4744 would require GAO to review resentatives must participate in and onstration of fiscal conservatism in action. Of not only the agency's data but also the take responsibility for the rules pro- course, most of us recognize that dismantling public's data to assure a more balanced eval- mulgated under the laws Congress CBO, however penny wise, would be pound uation, analyze not only rules costing $100 passes and by the executive branch foolish. million or more but also rules with a significant agencies, that is why I urge my col- In the 106th Congress, Government Reform impact on small businesses, and examine leagues to support this meaningful Subcommittee Chairman DAVID MCINTOSH and whether alternatives not considered by the step. Small Business Subcommittee Chairwoman agencies might achieve the same goal in a Mr. Speaker, I went through this ex- SUE KELLY, seeking to accommodate the prej- more cost-effective manner or with greater net haustive legislative history on this bill udice against a freestanding agency, intro- benefits. because I think it is important that duced bills (H.R. 3521 and H.R. 3669, respec- On June 29th, the Government Reform those who are researching and realizing tively) to establish a CORA function within Committee favorably reported H.R. 4744, with the debate here in Congress know the GAO, which is an existing Legislative Branch a thorough discussion of issues in its accom- intent as we pass this bill. agency. McIntosh and Kelly introduced their panying report (H. Rept. 106±772). October 3, 2000 CONGRESSIONAL RECORD — HOUSE H8709

On July 24th, Chairmen KELLY and and the Small Business Regulatory Enforce- Mr. Speaker, I reserve the balance of MCINTOSH with Messrs. CONDIT and TURNER ment Fairness Act of 1996) and executive or- my time. introduced H.R. 4924. This bill included only a ders (such as President Reagan's 1981 Exec- Mr. KUCINICH. Mr. Speaker, I yield few of H.R. 4744's improvements to S. 1198: utive Order 12291, ``Federal Regulation,'' and myself such time as I may consume. (a) inclusion, within the scope of GAO's pur- President Clinton's 1993 Executive Order Mr. Speaker, I want to thank the view, of agency rules with a significant impact 12866, ``Regulatory Planning and Review'') gentleman from Wisconsin (Mr. RYAN) on small businesses; and (b) a directive to have mandated that Executive Branch agen- for taking the time to review the legis- GAO to submit its independent evaluation of cies conduct extensive regulatory analyses, lative history and also thank the gen- proposed rules within the public comment pe- especially for economically significant rules tlewoman from New York (Mrs. KELLY) riod, albeit only when doing so is ``prac- having a $100 million-or-more effect on the for the work that she has done on this ticable.'' House Report 106±772 explains the economy or a significant impact on small busi- issue over the years, and to thank the basis for these improvements. H.R. 4924 was, nesses. Congress, however, does not have gentleman from Indiana (Mr. in my judgment, inferior to H.R. 4744, which the analytical capability to independently and MCINTOSH) for his efforts. was itself a watered down version of the com- fairly evaluate these analyses. Mr. Speaker, I am pleased to speak in plete reform needed to implement Congress' To assume oversight responsibility for Fed- support of S.1198. S.1198 was passed by Constitutional responsibility for regulatory eral regulations, Congress needs to be armed unanimous consent in the Senate on oversight. But, it was a step in the right direc- with an independent evaluation. What is need- May 9, 2000 without opposition from tion. ed is an analysis of legislative history to see the Government Accounting Office, On July 29th, the House passed H.R. 4924. if there is a non-delegation problem, such as public interest groups or industry rep- Unfortunately, the Senate has not yet consid- in Food and Drug Administration's proposed resentatives. The gentleman from Cali- ered H.R. 4924. Since we are at the close of rule to regulate tobacco products, which was fornia (Mr. CONDIT) introduced the text the 106th Congress, we now urge the House's struck down by the Supreme Court in FDA v. of S.1198 in the House as H.R. 4763. favorable consideration of S. 1198. Brown & Williamson, or backdoor legislating, However, the House Committee on S. 1198 does not require or expect GAO to such as in the Department of Labor's ``Baby Government Reform did not consider conduct any new Regulatory Impact Analyses UI'' rule, which provides paid family leave to H.R. 4763. Instead, it considered its own (RIAs), cost-benefit analyses, or other impact small business employees, even though Con- version of the bill, H.R. 4744. Unfortu- analyses. However, GAO's independent eval- gress in the Family and Medical Leave Act nately, H.R. 4744 did not enjoy the uation should lead the agencies to prepare said no to paid family leave and any coverage same support that S.1198 did. any missing cost/benefit, small business im- of small businesses. The GAO expressed serious concerns pact, federalism impact, or any other missing Sometimes the quickest (or only) way to find about the scope of the analyses, the analysis. For example, after the McIntosh Sub- out that an agency has ignored Congressional timing provided for conducting the re- committee insisted that the Department of intent or failed to consider less costly or non- views and the certainty of funding; also Labor prepare a missing RIA for its Birth and regularly alternatives, is to examine non-agen- public interest groups expressed con- Adoption Unemployment Compensation cy (i.e., ``public'') data and analyses. It is for cerns and opposed passage. Therefore, (``Baby UI'') proposed rule, Labor finally pre- that reason that, under H.R. 4744, GAO would the gentleman from California (Mr. pared one. be required to consult the public's data in the WAXMAN) and I offered the text of the Here's how S. 1198 works. The Chairman course of evaluating agency rules. Although S. Senate bill, S. 1198, which addressed or Ranking Member of a Committee of juris- 1198 does not require GAO to review public these concerns, as an amendment to diction may request that GAO submit an inde- data, neither does it forbid or preclude GAO H.R. 4744. pendent evaluation to the Committee of a from doing so. I bring this up, because some Our amendment, unfortunately, was major proposed or final rule within 180 days. hope that S. 1198 implicitly contains a gag rejected by the committee on a party- GAO's analysis shall include an evaluation of order, forbidding GAO to consult any analyses line vote. I am pleased to see that we the potential benefits of the rule, the potential or data except those supplied by the agency worked all of these things out, and the costs of the rule, alternative approaches in the to be reviewed. This reading of S. 1198 would House now has the opportunity to vote rulemaking record, and the various impact defeat a key purpose of the bill, which is to on this proposal. It is nice to be able to analyses. enable Congress to comment knowledgeably come here before the Congress and Congress currently has two opportunities to about agency rules from the standpoint of a show how at long last we have an op- review agency regulatory actions. Under the truly independent evaluation of those rules. portunity to work together on some- Administrative Procedure Act (APA), Congress Instructed by GAO's independent evalua- thing. can comment on agency proposed and interim tions, Congress will be better equipped to re- Furthermore, on July 25, 2000, the rules during the public comment period. The view final agency rules under the CRA. More House passed H.R. 4924 under suspen- APA's fairness provisions require that all importantly, Congress will be better equipped sion of the rules, that bill was substan- members of the public, including Congress, be to submit timely and knowledgeable comments tially similar to S.1198. Now, S.1198 cre- given an equal opportunity to comment. Late on proposed rules during the public comment ates a 3-year pilot project in which, at Congressional comments cannot be consid- period. Some CORA foes hope that all GAO the request of a committee of jurisdic- ered by the agency unless all other late public analyses of proposed rules will be untimely tion, GAO, the General Accounting Of- comments are equally considered. Agencies and, therefore, have no effect on the sub- fice, would analyze economically sig- can ignore comments filed by Congress after stance of rules. I am confident that GAO will nificant proposed and final rules. the end of the public comment period, as the want to please rather than annoy its cus- b 1930 Department of Labor did after its proposed tomers, and will not fail to help Members of ``Baby UI'' rule. Therefore, since GAO cannot Congress submit timely comments on regu- GAO would evaluate the agency’s be given more time than other members of the latory proposals. analyses of costs, benefits, alter- public to comment, GAO should complete its Thus, even though a far cry from the origi- natives, regulatory impact, federalism review of agency regulatory proposals during nal idea of an independent CORA agency, impact, and any other analysis pre- the public comment period. and although inferior to the Kelly-McIntosh bill pared by the agency or required to be Under the CRA, Congress can disapprove reported by the Government Reform Com- prepared by the agency. All of this an agency final rule after it is promulgated but mittee, S. 1198 will increase the transparency analysis would be completed within 180 before it is effective. Unfortunately, Congress of important regulatory decision, promote ef- days of the committee’s request. has been unable to fully carry out its responsi- fective Congressional oversight, and increase Under this bill, GAO would retain its bility under the CRA because it has neither all the accountability of Congress. The best gov- traditional role as auditor and evaluate of the information it needs to carefully evalu- ernment is a government accountable to the only the agencies’ work. It would not ate agency regulatory proposals nor sufficient people. For America to have an accountable be required to conduct its own inde- staff for this function. In fact, since the March regulatory system, the people's elected rep- pendent analyses. Furthermore, it 1996 enactment of the CRA, there has been resentatives must participate in, and take re- would not require the agency to con- no completed Congressional resolutions of sponsibility for, the rules promulgated under duct any new analysis. It only requires disapproval. the laws Congress passes. S. 1198 is a GAO review of agency analyses that In recent years, various statutes (such as meaningful step towards Congress' meeting its are required by separate statute or ex- the Unfunded Mandates Reform Act of 1995 regulatory oversight responsibility. ecutive order. H8710 CONGRESSIONAL RECORD — HOUSE October 3, 2000 In conclusion, Mr. Speaker, I support with Federal regulations is more than Mr. Speaker, I have no further re- S. 1198 because it sheds light on the double what it cost their larger coun- quests for time, and I yield back the adequacy and usefulness of the agen- terparts. Mr. Speaker, we do not need balance of my time. cies’ analyses. Yet, it ensures that the any study to reach that conclusion. The SPEAKER pro tempore (Mr. GAO has adequate time and resources Common sense says that if a regulation OSE). The question is on the motion of- to fulfill its new responsibilities, and it costs a company with a $5 billion rev- fered by the gentleman from Wisconsin preserves GAO’s traditional role as enue stream the same as it does a com- (Mr. RYAN) that the House suspend the auditor. pany with a $5 million revenue stream, rules and pass the Senate bill, S. 1198. Mr. Speaker, I reserve the balance of the overall impact on the smaller com- The question was taken; and (two- my time. pany will be significantly more on a thirds having voted in favor thereof) Mr. RYAN of Wisconsin. Mr. Speaker, per unit basis. the rules were suspended and the Sen- I yield such time as she may consume S. 1198 creates an office within GAO ate bill was passed. to the gentlewoman from New York that would focus solely on conducting A motion to reconsider was laid on the table. (Mrs. KELLY), the champion of small independent regulatory evaluations of business, the chairman of the Sub- regulations to help determine whether f committee on Regulatory Reform and the agencies have complied with the TRANSFERRING CERTAIN LANDS Paperwork Reduction, and the cham- law and executive orders. The fact is, IN UTAH TO THE UNITED STATES pion of CORA. Congress cannot obtain unbiased infor- mation from the participants in the Mr. HANSEN. Mr. Speaker, I move to Mrs. KELLY. Mr. Speaker, the Truth suspend the rules and pass the bill rulemaking because each participant, in Regulating Act represents the cul- (H.R. 4721) to provide for all right, including the Federal agency, has a mination of nearly 4 years of hard title, and interest in and to certain work and an effort that will provide particular viewpoint and bias. This legislation will fill the informa- property in Washington County, Utah, Congress with a new resource for re- to be vested in the United States, as viewing new government regulations tion gap and assist Members in Con- gress in determining whether action is amended. before they take effect. The Clerk read as follows: warranted. The purpose of the bill is to I first introduced this legislation dur- H.R. 4721 ing the 105th Congress, Mr. Speaker, ensure Congress exercises its legisla- tive powers in the most informed man- Be it enacted by the Senate and House of Rep- with the goal of giving Congress the resentatives of the United States of America in tools it needs to oversee the steady ner possible. Ultimately, this will lead Congress assembled, stream of new and often costly regula- to better and more finely tuned legisla- SECTION 1. ACQUISITION OF CERTAIN PROPERTY tions coming from the Federal govern- tion, as well as more effective agency IN WASHINGTON COUNTY, UTAH. ment. regulations. (a) IN GENERAL.—Notwithstanding any other Government regulations have an im- The office will provide Congress with provision of law, effective 30 days after the date reliable, non-partisan information, lev- of the enactment of this Act, all right, title, and pact on every American. We see an av- interest in and to, and the right to immediate erage of close to 4,000 new regulations elling the playing field with the execu- tive branch and improving Congress’ possession of, the 1,516 acres of real property promulgated every year. owned by the Environmental Land Technology, In most cases, regulations speak to a ability to understand the burdens that Ltd. (ELT) within the Red Cliffs Reserve in noble purpose, and can often be viewed are placed on small businesses and the Washington County, Utah, and the 34 acres of as a measure of the value that we place economy by excessive regulation. real property owned by ELT which is adjacent Mr. Speaker, I would like to thank in protecting such things as human to the land within the Reserve but is landlocked the gentleman from Wisconsin (Mr. as a result of the creation of the Reserve, is health, workplace safety, or the envi- RYAN) for his work on this issue, the hereby vested in the United States. ronment. Yet, too often the govern- gentleman from Indiana (Mr. (b) COMPENSATION FOR PROPERTY.—Subject to ment oversteps its bounds in its at- section 309(f) of the Omnibus Parks and Public MCINTOSH) for his strong support, as tempt to achieve these goals, and we Lands Management Act of 1996 (Public Law well as the gentleman from Michigan all pay the price as a consequence. 104–333), the United States shall pay just com- (Mr. BARCIA) and the gentleman from The price of regulations poses a par- pensation to the owner of any real property California (Mr. CONDIT) for their long- ticularly heavy burden on small busi- taken pursuant to this section, determined as of standing support for this legislation. the date of the enactment of this Act. An initial nesses and manufacturers. They drive I would also like to thank the rank- payment of $15,000,000 shall be made to the our economy forward. They need our ing member of the Committee on Gov- owner of such real property not later than 30 help. ernment Reform, the gentleman from days after the date of taking. The full faith and Estimates vary on the annual cost of credit of the United States is hereby pledged to California (Mr. WAXMAN), as well as the government regulations from a range the payment of any judgment entered against gentleman from Ohio (Mr. KUCINICH), the United States with respect to the taking of of $300 billion a year to $700 billion for their support in moving this legis- every year. Congress has a special enti- such property. Payment shall be in the amount lation forward. of— ty, the Congressional Budget Office, or Finally, I would like to thank espe- (1) the appraised value of such real property CBO, to help it grapple with our enor- cially the gentleman from Indiana (Mr. as agreed to by the land owner and the United mous Federal budget. There is growing BURTON) for moving this legislation States, plus interest from the date of the enact- sentiment that a similar office is need- ment of this Act; or quickly to the floor today, and for his (2) the valuation of such real property award- ed within the legislative branch to re- leadership on this issue. I strongly urge view and analyze the numerous govern- ed by judgment, plus interest from the date of my colleagues to join me in supporting the enactment of this Act, reasonable costs and ment regulations that are developed this effort. expenses of holding such property from Feb- and issued every year. Mr. KUCINICH. Mr. Speaker, I yield ruary 1990 to the date of final payment, includ- To address this need, in 1997 I first myself such time as I may consume. ing damages, if any, and reasonable costs and introduced legislation to create the Mr. Speaker, I want to echo the gen- attorneys fees, as determined by the court. Pay- Congressional Office of Regulatory tlewoman’s remarks with respect to ment shall be made from the permanent judg- ment appropriation established pursuant to sec- Analysis, or CORA. Today’s legislation the gentleman from Indiana (Mr. BUR- is the culmination of that effort. tion 1304 of title 31, United States Code, or from TON) and the gentleman from Cali- another appropriate Federal Government fund. As the vice chairman of the Com- fornia (Mr. WAXMAN). Interest under this subsection shall be com- mittee on Small Business and the Mr. Speaker, I have no further re- pounded in the same manner as provided for in Chairwoman of the Subcommittee on quests for time, and I yield back the section 1(b)(2)(B) of the Act of April 17, 1954, Regulatory Reform and Paperwork Re- balance of my time. (Chapter 153; 16 U.S.C. 429b(b)(2)(B)) except duction, and as a small businesswoman Mr. RYAN of Wisconsin. Mr. Speaker, that the reference in that provision to ‘‘the date myself, I know that small business I yield myself such time as I may con- of the enactment of the Manassas National Bat- owners are very familiar with the bur- sume. tlefield Park Amendments of 1988’’ shall be dens that Federal regulations place on Mr. Speaker, I also just want to deemed to be a reference to the date of the en- actment of this Act. them. thank everybody who put a lot of hard (c) DETERMINATION BY COURT IN LIEU OF NE- Some studies have shown that for work into this bill. I think we have a GOTIATED SETTLEMENT.—In the absence of a ne- small employers, the cost of complying good bipartisan compromise. gotiated settlement, or an action by the owner, October 3, 2000 CONGRESSIONAL RECORD — HOUSE H8711 the Secretary of the Interior shall initiate with- concerns on this side of the aisle con- The Clerk read as follows: in 90 days after the date of the enactment of cerning the provisions of the bill. H.R. 4503 this section a proceeding in the United States Mr. Speaker, this is an extraordinary Be it enacted by the Senate and House of Rep- Federal District Court for the District of Utah, procedure taken on this bill. It is an resentatives of the United States of America in seeking a determination, subject to section 309(f) Congress assembled, of the Omnibus Parks and Public Lands Man- authorization, it is an appropriation, agement Act of 1996 (Public Law 104–333), of the and also an implementation of con- SECTION 1. SHORT TITLE. value of the real property, reasonable costs and demnation of land rolled into one. Only This Act may be cited as the ‘‘Historically expenses of holding such property from Feb- a few times in the past quarter century Women’s Public Colleges or Universities His- ruary 1990 to the date of final payment, includ- has a legislative taking been used by toric Building Restoration and Preservation Act’’. ing damages, if any, and reasonable costs and the Congress. Furthermore, the lan- SEC. 2. DEFINITIONS. attorneys fees. guage of this legislation is substan- The SPEAKER pro tempore. Pursu- In this Act: tially different from that used in other (1) HISTORICALLY WOMEN’S PUBLIC COLLEGE ant to the rule, the gentleman from cases. OR UNIVERSITY.—The term ‘‘historically Utah (Mr. HANSEN) and the gentleman There is also considerable con- women’s public college or university’’ means from American Samoa (Mr. troversy associated with the land iden- a public institution of higher education cre- FALEOMAVAEGA) each will control 20 tified by this legislation. Several news ated in the United States between 1836 and minutes. articles from the State of Utah have 1908 to provide industrial education for The Chair recognizes the gentleman called into question actions by the women, including the institutions listed in clauses (i) though (viii) of section 3(d)(2)(A). from Utah (Mr. HANSEN). landowner with regard to this prop- Mr. HANSEN. Mr. Speaker, I yield (2) HISTORIC BUILDING OR STRUCTURE.—The erty. Title has been clouded to this term ‘‘historic building or structure’’ means myself such time as I may consume. land, and it is unclear what interests Mr. Speaker, this bill was brought a building or structure listed (or eligible to the landowner has and what interests be listed) on the National Register of His- about by the 1973 Endangered Species other parties have to the property in toric Places, designated as a National His- Act. When that was passed, they found question. toric Landmark, or located within a des- in southern Utah the desert tortoise. Mr. Speaker, the BLM has attempted ignated historic district. Out of finding the desert tortoise, we to negotiate with the landowner. These (3) SECRETARY.—The term ‘‘Secretary’’ then had to find a place for the habitat negotiations have been hampered by means the Secretary of the Interior. for the desert tortoise, which basically the landowner’s insistence on using ap- SEC. 3. PRESERVATION AND RESTORATION really is not endangered, but I will not GRANTS FOR HISTORIC BUILDINGS praisal assumptions that are not con- AND STRUCTURES AT HISTORICALLY get into that. sistent with Federal standards and WOMEN’S PUBLIC COLLEGES OR Finding it there, they found a situa- that were not used in other trans- UNIVERSITIES. tion where 33 different people had to actions, including those done pre- (a) AUTHORITY TO MAKE GRANTS.— (1) IN GENERAL.—From amounts made give up ground to get it. We have taken viously with the landowner. care of all of those people for a critical available under paragraph (2), the Secretary The bill also seeks to open the door shall award grants in accordance with this habitat because they had that ground to payments to the landowner dating and they could not put their foot on it, section to historically women’s public col- back to February, 1990. This raises sev- leges or universities for the preservation and all they could do was pay taxes. eral issues. First, the Desert Tortoise restoration of historic buildings and struc- We have one person left, the biggest Reserve was not even established until tures on their campuses. one. We are trying to get it resolved in 1996. It was only after this that at- (2) SOURCE OF FUNDING.—Grants under this particular bill. tempts were made to acquire the prop- paragraph (1) shall be awarded from amounts During the hearing on this bill, sev- appropriated to carry out the National His- erty. Even until 1996, the landowner eral concerns were raised by the ad- toric Preservation Act (16 U.S.C. 470 et seq.) was involved in litigation on the prop- ministration and the minority. At for fiscal years 2001 through 2005. erty and could not present clear title. committee, my amendment in the na- (b) GRANT CONDITIONS.—Grants made under Settlement of the litigation and other subsection (a) shall be subject to the condi- ture of a substitute was adopted which subsequent actions have made other tion that the grantee agree, for the period of addressed those concerns. unnamed parties a beneficiary of this time specified by the Secretary, that— This amendment accomplishes the (1) no alteration will be made in the prop- following four things: legislation. Like I said, Mr. Speaker, I do not op- erty with respect to which the grant is made First, the acreage will be vested in without the concurrence of the Secretary; the United States 30 days after enact- pose this legislation. and ment. Mr. Speaker, I have no further re- (2) reasonable public access to the property Second, just compensation shall be quests for time, and I yield back the for which the grant is made will be per- paid, with an initial payment of $15 balance of my time. mitted by the grantee for interpretive and million, which will prevent the prop- Mr. HANSEN. Mr. Speaker, I have no educational purposes. (c) MATCHING REQUIREMENT FOR BUILDINGS erty from reverting to creditors during further requests for time, and I yield AND STRUCTURES LISTED ON THE NATIONAL litigation. According to the BLM’s low- back the balance of my time. The SPEAKER pro tempore. The REGISTER OF HISTORIC PLACES.— est estimate, the property is worth at (1) IN GENERAL.—Except as provided by least $35 million. question is on the motion offered by paragraph (2), the Secretary may obligate Third, the court may consider the the gentleman from Utah (Mr. HANSEN) funds made available under this section for a damages, costs, and attorneys’ fees, as that the House suspend the rules and grant with respect to a building or structure the court determines appropriate. pass the bill, H.R. 4721, as amended. listed on the National Register of Historic Lastly, the values as determined by The question was taken; and (two- Places, designated as a National Historic the court, not Congress or the BLM, thirds having voted in favor thereof) Landmark, or located within a designated will be paid out of the permanent judg- the rules were suspended and the bill, historic district, only if the grantee agrees to provide for activities under the grant, ment fund. as amended, was passed. A motion to reconsider was laid on from funds derived from non-Federal Mr. Speaker, I reserve the balance of sources, an amount equal to 50 percent of the my time. the table. costs of the program to be funded under the Mr. FALEOMAVAEGA. Mr. Speaker, f grant with the Secretary providing 50 per- I yield myself such time as I may con- HISTORICALLY WOMEN’S PUBLIC cent of such costs under the grant. sume. (2) IN-KIND CONTRIBUTIONS.—In addition to COLLEGES OR UNIVERSITIES (Mr. FALEOMAVAEGA asked and cash outlays and payments, in-kind con- HISTORIC BUILDING RESTORA- was given permission to revise and ex- tributions of property or personnel services TION AND PRESERVATION ACT tend his remarks.) by non-Federal interests may be used for the Mr. FALEOMAVAEGA. Mr. Speaker, Mr. HANSEN. Mr. Speaker, I move to non-Federal share of costs required by para- I want to commend the gentleman suspend the rules and pass the bill graph (1). (d) FUNDING PROVISIONS.— from Utah (Mr. HANSEN), the chief (H.R. 4503) to provide for the preserva- (1) AMOUNTS TO BE MADE AVAILABLE.—Not sponsor of this legislation. tion and restoration of historic build- more than $16,000,000 for each of the fiscal We have no opposition to this legisla- ings at historically women’s public col- years 2001 through 2005 may be made avail- tion, Mr. Speaker, but there are some leges or universities, as amended. able under this section. H8712 CONGRESSIONAL RECORD — HOUSE October 3, 2000 (2) ALLOCATIONS FOR FISCAL YEAR 2001.— come to my attention that there is an $16 million for these schools from the (A) IN GENERAL.—Of the amounts made older women’s academic institution in Historic Preservation Fund, the con- available under this section for fiscal year Georgia than the ones identified in this ference report in the FY 2001 Interior 2001, there shall be available only for grants bill. appropriations bill just adopted on this under subsection (a) $2,000,000 for each of the In this light, the amendment adds following: floor contained just $79 million total (i) Mississippi University for Women in Wesleyan College in Macon, Georgia, to for historic preservation. the schools eligible for the grants, and Colombus, Mississippi. b 1945 (ii) Georgia College and State University adds $2 million to the authorized grant in Milledgeville, Georgia. accounts. If this funding level were to become (iii) University of North Carolina in Mr. Speaker, I urge my colleagues to law, these eight schools would receive Greensboro, North Carolina. support H.R. 4503, as amended. more than 20 percent of all historic (iv) Winthrop University in Rock Hill, Mr. Speaker, I reserve the balance of preservation funds nationwide. South Carolina. my time. Mr. Speaker, this legislation includes (v) University of Montevallo in Mr. FALEOMAVAEGA. Mr. Speaker, no standards, which explains how these Montevallo, Alabama. I yield myself such time as I may con- eight schools were selected. There are (vi) Texas Woman’s University in Denton, sume. currently 78 women’s colleges and uni- Texas. (Mr. FALEOMAVAEGA asked and (vii) University of Science and Arts of versities in the United States today. Oklahoma in Chickasha, Oklahoma. was given permission to revise and ex- Why are these eight deserving of this (viii) Wesleyan College in Macon, Georgia. tend his remarks.) funding and the other 70 are not? We (B) LESS THAN $16,000,000 AVAILABLE.—If less Mr. FALEOMAVAEGA. Mr. Speaker, are told that these schools are selected than $16,000,000 is made available under this I want to again commend the gen- because they represent a unique subset section for fiscal year 2001, then the amount tleman from Mississippi (Mr. PICK- of women’s colleges and universities in made available to each of the institutions ERING) for introducing this legislation. America. However, the last minute ad- listed in subparagraph (A) shall be reduced Mr. Speaker, I will not oppose this by the same amount. dition of yet another school to the bill piece of legislation. I too, however, raises serious questions about the se- (3) ALLOCATIONS FOR FISCAL YEARS 2002– would like to share with my colleagues 2005.—Any funds which are made available lection process included in the provi- some observations and concerns con- during fiscal years 2002 through 2005 under sions of this bill. subsection (a)(2) shall be distributed by the cerning the provisions of this bill. If historic sites on these campuses As introduced, H.R. 4503 earmarks up Secretary in accordance with the provisions are deserving of historic preservation to $70 million over 5 years from the of subparagraphs (A) and (B) of paragraph (2) funding, the relevant State or locality Historic Preservation Fund for grants to those grantees named in paragraph (2)(A) should apply for such funding under which remain eligible and desire to partici- to seven public colleges and univer- the current system. The kind of ear- pate, on a uniform basis, in such fiscal years. sities, most located in the South- marks contained in this legislation, (e) REGULATIONS.—The Secretary shall pro- eastern region, and that were origi- mulgate such regulations as are necessary to Mr. Speaker, I honestly believe under- nally founded to serve women. carry out this Act. mines our historic preservation efforts The grantees will be required to pro- and work to benefit a small group of The SPEAKER pro tempore. Pursu- vide a 50 percent match, and the funds schools unfairly. ant to the rule, the gentleman from could be used to restore historic build- Utah (Mr. HANSEN) and the gentleman Again, Mr. Speaker, I remind my col- ings and structures. The schools would from American Samoa (Mr. leagues there are currently 78 women’s divide the money equally. FALEOMAVAEGA) each will control 20 Apparently we are actually amending colleges and universities in our Nation minutes. the bill before us today to add another today. Yet we are providing special The Chair recognizes the gentleman school, this one located in the State of funding for only eight of these colleges from Utah (Mr. HANSEN). and universities. Mr. HANSEN. Mr. Speaker, I yield Georgia. This raises the small number of schools which would benefit from So, Mr. Speaker, let us proceed to myself such time as I may consume. pass the bill. But let us hope that, in Mr. Speaker, H.R. 4503, introduced by this legislation to eight schools, and raises the cost of the bill to $80 million the future, this legislation or this kind the gentleman from Mississippi (Mr. of proposed program will not come PICKERING), authorizes the Secretary of over 5 years. Mr. Speaker, we fully support his- back to haunt us. the Interior to provide restoration and Mr. Speaker, I reserve the balance of preservation grants for historic build- toric preservation in general, and could even agree with the specific goal of this my time. ings and structures at seven histori- Mr. HANSEN. Mr. Speaker, I am cally women’s public colleges or uni- legislation to aid historically women’s colleges, universities, in preserving happy to yield such time as he may versities. consume to the gentleman from Mis- The gentleman from Mississippi (Mr. historic structures on their campuses. sissippi (Mr. PICKERING), the author of PICKERING) is to be commended for his However, we have serious concerns this legislation. hard work on this bill, which serves an regarding the approach taken on this Mr. PICKERING. Mr. Speaker, I am important part of preserving our cul- bill. Under current law, the Secretary tural history. of the Interior is authorized to make very pleased to be on the floor this H.R. 4503 directs the Secretary to grants from the Historic Preservation evening in support of my bill, H.R. 4503, award $14 million annually from fiscal Fund based on statutory criteria to the Historically Women’s Public Col- year 2001 to 2005 to the seven academic States or local governments to pre- leges or Universities Historic Building institutions. These institutions are lo- serve the precise sites or buildings that Restoration and Preservation Act. cated in seven separate States, mainly would receive funding under this legis- I want to commend the gentleman in the Southeastern United States. lation. from Utah (Chairman HANSEN) for his Despite their continued use, many of Since these sites are eligible under commitment to women and minorities the structures located on these cam- current law, the effect of this bill is to education and thank him for his work puses are facing destruction or closure single out eight of these specific to see that this important authoriza- because preservation funds are not schools, all located in a particular part tion reaches the floor. I also thank the available. H.R. 4503 would enable these of our Nation, and move them up to the gentleman from Alaska (Chairman buildings to be preserved and main- front of the line by fencing off $16 mil- YOUNG) for his similar commitment tained. Funds would be awarded from lion a year that must bypass the Sec- and work. the National Historic Preservation retary of the Interior and go directly I would also like to address some of Fund, subject to a 50 percent matching to these schools. the concerns raised by the gentleman requirement from non-Federal sources. The bill sets out no criteria for why from American Samoa (Mr. The bill also assures that the in-kind these schools needed these funds, and FALEOMAVAEGA), our friend on the contributions will count toward the makes no distinction between the other side, and talk about why this is non-Federal share of the match. schools themselves. so important as we go into the 21st Mr. Speaker, I have an additional Furthermore, Mr. Speaker, while we century that we look to the institu- amendment I would like to add. It has are considering legislation to earmark tions who educated and trained the October 3, 2000 CONGRESSIONAL RECORD — HOUSE H8713 women, beginning in my home State of that the W, and the other colleges A motion to reconsider was laid on Mississippi in 1884. prioritized in this bill, continue to be the table. If we look at the subset of the univer- crucial educational institutions for f sities that we picked out, why should women, minorities, and all students. they receive priority? They are the old- With buildings in some of these col- SALT RIVER PIMA-MARICOPA IN- est public women’s colleges in the leges and universities well over 150 DIAN COMMUNITY IRRIGATION country. We may talk about the 78 years old still in use, their disrepair WORKS OWNERSHIP other women’s colleges, but these are now endangers their ability to con- Mr. HANSEN. Mr. Speaker, I move to the oldest of the women’s colleges in tinue their critical role in educating suspend the rules and pass the bill the country. They happen to reside in women and minorities. Due to ad- (H.R. 2820) to provide for the ownership my region. But if we are looking at his- vanced age of these buildings, the up- and operation of the irrigation works toric preservation, it seems to me that keep costs are more than most budgets on the Salt River Pima-Maricopa In- we look at the oldest first, and that can allow. Since most of these univer- dian Community’s reservation in Mari- should receive the priority. sities were built in the early 1900s, copa County, Arizona, by the Salt If we are looking at continuing their most of today’s basic needs are not pro- River Pima-Maricopa Indian Commu- mission into the 21st century, Mis- vided for in their facilities. nity, as amended. sissippi University for Women has a This Congress can and should reaf- The Clerk read as follows: great legacy, not only going back into firm its commitment to the education H.R. 2820 the late 1800s, the 1900s; but today, in of women, the underprivileged, and mi- Be it enacted by the Senate and House of Rep- 2000, they received U.S. News and norities. Education cannot take place resentatives of the United States of America in World Report’s ranking of the best in without adequate facilities. We must, Congress assembled, the South as a liberal arts college. therefore, contribute to the rehabilita- SECTION 1. FINDINGS. They are educating, not only women tion of these facilities. Funding for res- The Congress finds and declares that— today and minorities, but also male toration of these historic buildings, (1) it is the policy of the United States, in students. much as we did for the historically fulfillment of its trust responsibility to In- If we are to continue the rich history black colleges across our region, is and dian tribes, to promote Indian self-deter- and the legacy of what they have done should be a sound investment. mination and economic self-sufficiency; over their history over their time and I want to thank again the gentleman (2) the Salt River Pima-Maricopa Indian to continue the mission into the 21st Community (hereinafter referred to as the from Utah (Mr. HANSEN), the sub- ‘‘Community’’) has operated the irrigation century, then the buildings that house committee chairman, and all those who works within the Community’s reservation their students where the teachers train have cosponsored this legislation. It is since November 1997 and is capable of fully the students of tomorrow, we must pre- the place where my mother received managing the operation of these irrigation serve those buildings that house the her education and where many of the works; places where we are now providing the women who were trained and educated (3) considering that the irrigation works, education for women and minorities in my home State who then became which are comprised primarily of canals, across the South. leaders and teachers and those who ditches, irrigation wells, storage reservoirs, I introduced H.R. 4503 to advance and sump ponds located exclusively on lands have raised the next generations of held in trust for the Community and what I think is the most important pri- leaders have received their education. allottees, have been operated generally the ority for funding in this Congress, and It is a special place for my family and same for over 100 years, the irrigation works that is education. The bipartisan co- for me, and I want to thank all those will continue to be used for the distribution sponsorship and support for this effort who have made this authorization pos- and delivery of water; affirms the principle that if we are to sible. (4) considering that the operational man- continue to progress as a society, if we Mr. FALEOMAVAEGA. Mr. Speaker, agement of the irrigation works has been are to continue to lead the world in I want to thank the gentleman from carried out by the Community as indicated in paragraph (2), the conveyance of owner- science, medicine, law and many other Mississippi (Mr. PICKERING) for his ex- ship of such works to the Community is fields, we must educate all Americans. cellent presentation in defense of the viewed as an administrative action; The historically women’s public in- provisions of the bill that he has intro- (5) the Community’s laws and regulations stitutions, which are the subject of this duced. are in compliance with section 2(b); and bill, were founded in the United States Mr. MASCARA. Mr. Speaker, I rise to sup- (6) in light of the foregoing and in order between 1836 and 1908. This was a time port the bill and to show appreciation for the to— when women, particularly poor women, contributions of these seven institutions. I (A) promote Indian self-determination, were unable to attain a higher edu- would also like to mention the educational economic self-sufficiency, and self-govern- cation in public schools; the oppor- contributions of a coed liberal arts institution in ance; tunity simply did not exist. (B) enable the Community in its develop- my district, Washington and Jefferson College, ment of a diverse, efficient reservation econ- In recognition of this injustice and which was founded in 1781 and has the his- omy; and unfair circumstance for women, there torical McIlvaine building which was the site of (C) enable the Community to better serve was introduced into the United States the Washington Women's Seminary from 1897 the water needs of the water users within the Senate a resolution in the late 1800s to 1939. This fine building is currently under Community, which sought the establishment and renovation and is recognized in Western it is appropriate in this instance that the endowment of schools of science and Pennsylvania for its gracious federal architec- United States convey to the Community the technics for the education of females in ture designed by three women and eventually ownership of the irrigation works. appropriate branches of science and the absorbed on to the Washington and Jefferson SEC. 2. CONVEYANCE AND OPERATION OF IRRI- useful arts, upon a plan similar in its campus which became coeducational in 1970. GATION WORKS principles to that upon which agricul- Mr. FALEOMAVAEGA. Mr. Speaker, (a) CONVEYANCE.—The Secretary of the In- tural and mechanical colleges have I do not have any further speakers, so terior, as soon as is practicable after the date of enactment of this Act, and in accord- been aided by the United States. This I yield back the balance of my time. ance with the provisions of this Act and all need expressed in this resolution, in- Mr. HANSEN. Mr. Speaker, I yield other applicable law, shall convey to the troduced over 100 years ago, continues back the balance of my time. Community any or all rights and interests of today. The SPEAKER pro tempore (Mr. the United States in and to the irrigation As I mentioned earlier, in my home OSE). The question is on the motion of- works on the Community’s reservation State of Mississippi the State legisla- fered by the gentleman from Utah (Mr. which were formerly operated by the Bureau ture worked and established the Mis- HANSEN) that the House suspend the of Indian Affairs. Notwithstanding the provi- sissippi Industrial Institute and Col- rules and pass the bill, H.R. 4503, as sions of sections 1 and 3 of the Act of April lege of Girls to provide for women, par- 4, 1910 (25 U.S.C. 385) and sections 1, 2, and 3 amended. of the Act of August 7, 1946 (25 U.S.C. 385a, ticularly those without the means, a The question was taken; and (two- 385b, and 385c) and any implementing regula- public education which would empower thirds having voted in favor thereof) tions, during the period between the date of them to lift themselves out of their cir- the rules were suspended and the bill, the enactment of this Act and the convey- cumstance. Over 100 years later, I know as amended, was passed. ance of the irrigation works by the United H8714 CONGRESSIONAL RECORD — HOUSE October 3, 2000 States to the Community, the Community irrigation works under this section, the irri- ties be transferred to the community, shall operate the irrigation works under the gation works shall no longer be considered a and I urge my colleagues to support provisions set forth in this Act and in ac- Bureau of Indian Affairs irrigation project this legislation. cordance with the Indian Self-Determination and the facilities will not be eligible for Fed- Mr. Speaker, I reserve the balance of and Education Assistance Act (25 U.S.C. 450 eral benefits based solely on the fact that et seq.), including retaining and expending my time. the irrigation works were formerly a Bureau Mr. HANSEN. Mr. Speaker, I am operations and maintenance collections for of Indian Affairs irrigation project. Nothing irrigation works purposes. Effective upon the in this Act shall be construed to limit or re- pleased to yield such time as he may date of conveyance of the irrigation works, duce in any way the service, contracts, or consume to the gentleman from Ari- the Community shall have the full ownership funds the Community may be eligible to re- zona (Mr. HAYWORTH), the author of of and operating authority over the irriga- ceive under other applicable Federal law. this legislation. tion works in accordance with the provisions SEC. 3. RELATIONSHIP TO OTHER LAWS. Mr. HAYWORTH. Mr. Speaker, I of this Act. Nothing in this Act shall be construed to thank the gentleman from Utah (Mr. (b) FULFILLMENT OF FEDERAL TRUST RE- diminish the trust responsibility of the ANSEN SPONSIBILITIES.—To assure compliance with H ) and the gentleman from the Federal trust responsibilities of the United States under applicable law to the American Samoa (Mr. FALEOMAVAEGA), United States to Indian tribes, individual In- Salt River Pima-Maricopa Indian Commu- and I echo and reinforce their com- dians and Indians with trust allotments, in- nity, to individual Indians, or to Indians ments. cluding such trust responsibilities contained with trust allotments within the Commu- Mr. Speaker, I would also like to nity’s reservation. in Salt River Pima-Maricopa Indian Commu- take time to thank the gentleman from nity Water Rights Settlement Act of 1988 The SPEAKER pro tempore. Pursu- Arizona (Mr. PASTOR), who worked (Public Law 100–512), the Community shall ant to the rule, the gentleman from with me to draft this bipartisan, com- operate the irrigation works consistent with Utah (Mr. HANSEN) and the gentleman mon sense piece of legislation. this Act and under uniform laws and regula- from American Samoa (Mr. tions adopted by the Community for the The gentleman from American management, regulation, and control of FALEOMAVAEGA) each will control 20 Samoa just a few years ago had a water resources on the reservation so as to minutes. chance to join me on the Salt River assure fairness in the delivery of water to The Chair recognizes the gentleman Pima-Maricopa Indian Community for water users. Such Community laws and regu- from Utah (Mr. HANSEN). a good visit about housing. So he has lations include currently and shall continue Mr. HANSEN. Mr. Speaker, I yield had a chance firsthand to see the area to include provisions to maintain the fol- myself such time as I may consume. lowing requirements and standards which we are talking about. Mr. Speaker, H.R. 2820 transfers the Again, to echo the previous com- shall be published and made available to the ownership of the irrigation works cur- Secretary and the Community at large: ments, this legislation would transfer (1) PROCESS.—A process by which members rently operated by the Salt River ownership and operation of the irriga- of the Community, including Indian Pima-Maricopa Indian Community. tion works there from the Bureau of allottees, shall be provided a system of dis- Over the last several years, the sub- Indian Affairs to the tribe. tribution, allocation, control, pricing and committee has moved legislation that H.R. 2820 was intended as a way to regulation of water that will provide a just has defederalized several Bureau of jump-start talks between the tribe and and equitable distribution of water so as to Reclamation facilities in the western the Bureau of Indian Affairs to transfer achieve the maximum beneficial use and United States. This bill proposes to ownership of the irrigation canals to conservation of water in recognition of the transfer all rights and interest to the demand on the water resource, the changing the tribe. This final legislative product uses of land and water and the varying an- irrigation works from the Bureau of In- is the culmination of intense negotia- nual quantity of available Community dian Affairs to the Pima-Maricopa In- tions and is agreeable to the tribe, the water. dian Community. Management of the Bureau of Indian Affairs, the Interior (2) DUE PROCESS.—A due process system for facilities has been under the jurisdic- Department, and, as has been men- the consideration and determination of any tion of the tribe for several years. tioned on the floor tonight, both Re- request by an Indian or Indian allottee for Mr. Speaker, I urge an ‘‘aye’’ vote on publicans and Democratic Members of distribution of water for use on his or her this legislation. the Committee on Resources. In fact, land, including a process for appeal and adju- Mr. Speaker, I reserve the balance of Mr. Speaker, I do not know of anyone dication of denied or disputed distributions my time. who stands in opposition to this legis- and for resolution of contested administra- Mr. FALEOMAVAEGA. Mr. Speaker, tive decisions. lation. (c) SUBSEQUENT MODIFICATION OF LAWS AND I yield myself such time as I may con- Mr. Speaker, H.R. 2820 is a win-win REGULATIONS.—If the provisions of the Com- sume. for the tribe, the BIA, the government- munity’s laws and regulations implementing (Mr. FALEOMAVAEGA asked and to-government relationship between subsection (b) only are to be modified subse- was given permission to revise and ex- the Federal Government and the tribes, quent to the date of enactment of this Act tend his remarks.) and obviously it is also a win for the by the Community, such proposed modifica- Mr. FALEOMAVAEGA. Mr. Speaker, taxpayers. As the BIA has allowed the tions shall be published and made available I certainly would like to commend and to the Secretary at least 120 days prior to tribe to operate the irrigation works their effective date and any modification compliment the gentleman from Ari- since November of 1997, it is important that could significantly adversely affect the zona (Mr. HAYWORTH) for his sponsor- to note there would be no disruption in rights of allottees shall only become effec- ship of this legislation. This legislation service. tive upon the concurrence of both the Com- has bipartisan support. The gentleman It is important to note also some- munity and the Secretary. from Arizona (Mr. PASTOR) is also a thing interesting and perhaps unique (d) LIMITATIONS OF LIABILITY.—Effective very strong supporter of this legisla- to Arizona and certainly the portion of upon the date of enactment of this Act, the United States shall not be liable for damages tion. Arizona that is part of the Sonoran of any kind arising out of any act, omission, Mr. Speaker, H.R. 2820 would direct Desert environment. Water is so criti- or occurrence based on the Community’s the Secretary of Interior to transfer to cally important there. We have a vari- ownership or operation of the irrigation the Salt River Pima-Maricopa Indian ation of the saying in the Old West: works, except for damages caused by acts of Community any remaining authority ‘‘Whiskey’s for drinking, water’s for negligence committed by the United States and responsibility held by the Sec- fighting.’’ I am glad we are not going prior to the date of enactment of this Act. retary for the irrigation works on their to be fighting about this when we see Nothing in this section shall be deemed to reservation. I congratulate the gen- the common sense of transferring own- increase the liability of the United States beyond that currently provided in the Fed- tleman from Arizona (Mr. PASTOR) and ership of these canals to the tribe. It eral Tort Claims Act (28 U.S.C. 2671 et seq.). also the gentleman from Arizona (Mr. would allow the tribe to make des- (e) CANCELLATION OF CHARGES.—Effective HAYWORTH) for their contributions to perately needed improvements to the upon the date of conveyance of the irrigation this bill. canals. works under this section, any charges for Under the bill, the Pima-Maricopa Mr. Speaker, some of these canals are construction of the irrigation works on the Indian Community would have full op- nearly a century old; and by offering reservation of the Community that have erating authority over the irrigation these improvements, we can save pre- been deferred pursuant to the Act of July 1, 1932 (25 U.S.C. 386a) are hereby canceled. works within the community to deliver cious water supplies. Sadly, though it (f) PROJECT NO LONGER A BIA PROJECT.— their water to their lands. I believe it is unintended, under the current situa- Effective upon the date of conveyance of the is appropriate that the project facili- tion, improvements to the canals were October 3, 2000 CONGRESSIONAL RECORD — HOUSE H8715 impeded and complicated by the Bu- But I do want to also compliment the ortized to zero since the project dates back 84 reau of Indian Affairs’ control of those gentleman for his leadership, out- years to 1916. It is important to note that the canals. standing leadership role that he has Pima people and their ancestors used gravity- With ownership transferred to the played as a cochairman of our National fed irrigation for hundreds of years prior to tribe, the tribe would be able to line Native American Congressional Cau- federal involvement. the canals with concrete and make sub- cus. He has played a very effective role Today, the Irrigation Works employees are stantial improvements to save water in helping our American community. I no longer BIA employees as they were prior to and enhance agricultural opportunities thank the gentleman for that. 1997. They are employees of the Community. for the tribe and its members. BACKGROUND Now, as the gentleman from Amer- The equipment and buildings that were used Mr. YOUNG of Alaska. Mr. Speaker, the in BIA's operation were transferred from the ican Samoa (Mr. FALEOMAVAEGA) will purpose of this legislation is to convey to the attest based on his personal visit, the BIA to SRPMIC which now provides irrigation Salt River Pima Maricopa Indian Community services for landowners and water users. community is located in the shadow of (SRPMIC) the ownership of the irrigation suburban Scottsdale, but it is worth works composed primarily of ditches, laterals, The SRPMIC Water Resources Division noting that this Native American com- sump ponds and several wells on Reservation manages this Irrigation Works Project. Based munity is largely an agricultural com- lands formerly operated by the Bureau of Indi- upon testimony from the Community, the irri- munity dependent on cotton and other ana Affairs. Because the irrigation works is en- gation system is managed with a staff of 12 crops to generate revenue for the tribe tirely on Reservation land and because the full time employees including a division man- and its members. Improved canals operational control of the irrigation works was ager, an engineer, an agricultural engineer would bring more surface water to use transferred to the SRPMIC in 1997, this pro- and other irrigation staff. It operates under a for crops and eventually increase rev- posed legislative conveyance is anticipated to budget based on incoming water sales. About enue because of the additional water be a relatively straight-forward administrative 8,000 acres of farmland are irrigated with the that will not be lost to the aforemen- transfer that should be carried out in keeping following system: (1) Evergreen Canal (main tioned poorly maintained canals. with the underlying goals of Indian self-deter- canal) 4.5 miles with 6 main check structures Transferring the control of the irri- mination, self-governance and economic self- and 16 primary headgates; (2) 23.5 miles of gation canals from the BIA to the tribe sufficiency. lateral pipelines with 15 miles of lateral canals would also give local BIA employees As early as August 1993, the SRPMIC held and 25 canal turnout structures; (3) 44 miles the freedom and flexibility to work on discussions in the Community concerning the of drainage channels with service roads; (4) other worthwhile projects. In addition, potential transfer of the irrigation works. The 12 irrigation wells (only 4 are useable); (5) 2 it would strengthen the unique govern- Bureau of Indian Affairs (BIA), the Salt River storage reservoirs and 2 sump ponds with 3 ment-to-government relationship be- Agency (the local BIA office), and the Branch capable of pumping. tween the tribe and the Federal Gov- of Land Operations and P.L. 93±638 Contract Since June 1999, the SRPMIC and its rep- ernment by allowing the community to administration met at that time to explore this move a step closer to self-sufficiency conveyance. resentatives have had numerous discussions, and independence from the Federal According to the Community, these con- consultations and negotiations with the De- Government. sultations resulted in efforts by the SRPMIC partment of the Interior to reach a common Again, to restate the win for Amer- toward assuming management and operation understanding and agreement on legislative ican taxpayers, the victory for all of the irrigation delivery system by: (1) its ap- language to transfer the ownership of the irri- Americans comes with enactment of proval of SRPMIC Ordinance No. 199±95 Sur- gation works to the SRPMIC, as well as any this legislation because the costs allo- face Water management (Ordinance) ap- remaining authority and responsibility that the cated for maintenance and operation of proved on May 3, 1995; (2) the partial comple- Secretary has regarding the administration of the irrigation canals to the BIA will no tion of P.L. 93±368 Contract No. such works, except for the Secretary's trust re- longer be necessary. CTH55T61517ÐWater Resources Program sponsibilities. Mr. Speaker, while we look at the (Contract) awarded on August 10, 1993 H.R. 2820 with the proposed amended text calendar and note that this is, indeed, through the final submission in August 1995 changes to be considered by the House fairly the political season, and while we re- by SFC Engineering Co. report titled ``Irrigation balances the interests of the Department of joice at the fact that we can have deep- System Evaluation and Rehabilitation Study the Interior and the Salt River Pima-Maricopa ly held philosophical differences, this for Lands South of the Arizona Canal,'' (3) the Indian Community. is one occasion far from the interest of request by the SRPMIC for financial records of The SRPMIC Water Code provides a de- the Fourth Estate and many around the project; (4) the establishment of monthly the country where we are able to enact meetings between the SRPMIC and the Salt tailed method of distributing and using this lim- a common sense policy, not because it River Agency and its Branch of Land Oper- ited and sometimes scarce resource. Com- is the trademark of either major party, ations to review the status, coordinate activi- bined with the irrigation regulations and as- not because it is the intellectual cre- ties and share information; (5) the origination sessment schedule adopted by the SRPMIC ation of one particular Member of Con- by SRPMIC of a report entitled ``SRPMIC Irri- tribal council, they appear to provide for fair gress. No, Mr. Speaker, this stands as a gation ProjectÐTransfer of Operation and treatment, equitable allocation and sensitive classic common sense, good govern- Maintenance from the BIA to the SRPMIC use of this important resource. ment piece of legislation. In that spirit Community'' dated January 10, 1996. The Community contends that the rights of of consensus and bipartisanship, even The irrigation works over the past 20 years allotted landowners will be enhanced by the as we note this particular date on the or so unfortunately did not receive sufficient operation of the system by the SRPMIC. And, political calendar, I am pleased to join funding. As a result, the project facilities dete- while it appears that is the case, the legisla- with my friends, Republicans and riorated, and if this deterioration were allowed tion includes ample safeguards to help insure Democrats alike, in urging the House to continue, the allotted landowners would re- that allottee rights are protected. to pass this legislation. ceive less rent for a less efficient system. The SRPMIC has been operating the irriga- Mr. FALEOMAVAEGA. Mr. Speaker, Even while the BIA operated the project, it tion works project for nearly three years. By I yield myself such time as I may con- was the Community which obtained non-BIA doing so, as well as by its operating other sume. funds to line the main Evergreen Canal and Mr. Speaker, in that spirit also, I some lateral mileage. Also, the Community is businesses, it has demonstrated its ability to would be remiss if I do not express my in the midst of a refurbishment program at a manage and operate the system. Its reputation sense of appreciation to the gentleman cost up to approximately $1.25 million over is one that instills confidence that the Commu- nity is clearly capable of operating, and is ex- from Arizona (Mr. HAYWORTH). Yes, I five years from the USDA/EQIP program. The have visited the State of Arizona, and cost to the Community above and beyond the pected to operate, the irrigation works effi- I would gladly give him some of the 200 amount collected currently from water users is ciently, effectively, and equitably. inches of rain that my district of approximately $200,000 per year. The original For the Community to operate this former American Samoa could give to the construction costs carried by the BIA are BIA project and make it relevant in this millen- State Arizona if it were possible. $3,313,192, which have long since been am- nium, the SRPMIC should have full H8716 CONGRESSIONAL RECORD — HOUSE October 3, 2000 responsibility and ownership of the irrigation laws and regulations to provide members of reau of Indian Affair employees to operate works. The United States trust responsibility the Community, including allottees, a water the works and commit federal funds to the will continue unimpaired to the SRPMIC, to in- system that, in turn, will provide a just and works’ refurbishment. equitable distribution of water to achieve dividual Indians, and to Indian allottees, as (f) Project No Longer a BIA Project: The the goals of maximum beneficial use and legislation provides that, once the convey- provided for in the legislation even as the conservation of water, while factoring in ance has occurred, the irrigation works will Community assumes full ownership of and op- such considerations as the demand on the not be eligible for federal benefits ‘‘based erations for the irrigation works. water resource, land use changes, and the solely on the fact that the irrigation works In furtherance of the United States policies varying quantity of water available to the were formerly’’ a BIA irrigation project. It of self-governance, self-determination and Community. also recognizes though that the legislation is economic self-sufficiency with respect to (2) This paragraph requires that a due not to be interpreted to limit or reduce in American Indians, H.R. 2820, as amended, process system continue to be included in any way funds the Community may be eligi- should be passed by the Congress of the the Community’s laws and regulations to en- ble to receive under other federal law. sure the consideration and determination of Section 3. Relationship to Other Laws: United States and sent to the President, who a request from an Indian or Indian allottee is expected to sign the bill into law based This section makes clear that the provisions for distribution of water for use on his or her of this legislation are not to be construed to upon the attached Departmental letter report land. It also requires that such laws and reg- ‘‘diminish the trust responsibility of the supporting the bill. ulations continue to be provided through an United States’’ to the Community, to indi- BILL SUMMARY appellate process, including a means for ad- vidual Indians or to Indian allottees within Section 1. Findings. The findings section judicating denied or disputed distributions of the Reservation. water and resolution of contested adminis- sets forth the underlying considerations that Enclosures: (1) Section-by-Section anal- are the backdrop for the enactment of this trative decisions. (c) Subsequent Modification of Laws and ysis; (2) Departmental Report on H.R. 2820: legislation. At its core, the bill recognizes Regulations: The bill seeks to ensure that if Letter from Hon. David J. Hayes, Deputy the federal policies of Indian self-determina- the Community needs to or seeks to amend Secretary, U.S. Department of the Interior tion, economic self-sufficiency and self-gov- its laws and regulations after the legislation to Chairman Don Young, Committee on Re- ernance and that the conveyance of the irri- is enacted, there be a process by which that sources; (3) Resolution of Salt River Pima- gation works is in furtherance of those poli- should be carried out. That process would in- Maricopa Indian Community Tribal Council. cies. The findings also recognize and adhere volve generally a notice and wait procedure. SECTION-BY-SECTION ANALYSIS to the trust responsibilities of the United The community would publish the proposed States to Indian tribes. They recognize that Section 1. Findings. This section expresses changes, and make them available to the the irrigation works are primarily a system the findings of the Congress that—in light of Secretary at least 120 days before the effec- of canals, ditches, wells, storage reservoirs a number of considerations, including that, tive date of the changes. The process also re- and sump ponds on Reservation land. They in fulfillment of federal trust responsibility quires that, if a proposed change could ‘‘sig- convey too that, considering the community to Indian tribes, it is the policy of the United has been operating the works since 1997, the nificantly adversely affect’’ the rights of States to promote Indian self-determination conveyance is viewed by Congress as an ad- allottees, then it would take the concurrence and economic self-sufficiency—it is appro- ministrative action. The findings take cog- of both the Community and the Secretary in priate that the U.S. convey to the Commu- nizance of the fact that the Community’s order for such changes to become effective. nity the irrigation works. amended Water Code is currently in compli- Although it is not expected that the commu- Section 2. Conveyance and Operation of Ir- ance with Section 2b. of the legislation. nity will need to amend its Code as it per- rigation Works. tains to this subsection, it may. It is ex- Section 2. Conveyance and Operation of Ir- (a) Conveyance. This subsection authorizes pected, however, that the Secretary will not rigation Works. (a) Conveyance: The Sec- and directs the Secretary to convey to the seek to utilize this provision unless there retary is directed to convey the irrigation Community all rights and interests of the were to be, indeed, a proposed change to the works to the Community in accordance with U.S. to the irrigation works. It further pro- Community’s Water Code that could signifi- the legislation and other applicable law. The vides the authority for the Community to cantly adversely affect allottee rights. intent of this provision is to ensure that, continue operating the irrigation works dur- while applicable law is to be fully adhered (d) Limitations on Liability: This sub- section provides that the united States is ing the period from the date of enactment to, it is contemplated that the process in- until the conveyance in accordance with this volved should be a straightforward, rel- not liable for damages based on the Commu- nity’s ownership and operation of the irriga- Act and 25 USC § 450, including retaining and atively uncomplicated, and inexpensive ad- expending operations and maintenance col- ministrative procedure. This is especially so tion works except for those damages caused by acts of negligence by the United States lections for irrigation works purposes. given the nature of the facilities being con- (b) Fulfillment of Federal Indian Trust Re- veyed and that the Community has been op- before the date of enactment. Also, the sub- section makes clear that nothing in the sub- sponsibilities. This subsection provides that erating the irrigation works for the past to assure compliance with federal trust re- three years. section should be construed to increase the sponsibilities, the Community will operate The bill language provides for the Commu- liability of the United States beyond what is the irrigation works under this Act and the nity to continue as it is doing currently and provided in the Federal Tort Claims Act. Community’s laws and regulations to assure retaining and expending operations and (e) Cancellation of charges: As has been the fairness in the delivery of water to water maintenance collections to be used for irri- case in similar, although not identical, legis- users. It provides that the Community laws gation works purposes. Once the conveyance lation in the past, as of the conveyance date, and regulations must continue to include— takes place, the bill language recognizes the charges for construction for the irriga- that the Community will then have full own- tion works deferred under 25 USC 386 are (1) A process in which all members of the ership of and operating authority over the ir- canceled. This is also, in part, in recognition Community are provided a system of dis- rigation works as provided in the bill. that this project is comprised of deterio- tribution, allocation, control, pricing and (b) Fulfillment of Federal Trust Respon- rating laterals, ditches, sump ponds, res- regulation of water that will in turn, provide sibilities: A key provision of this legislation ervoirs and a few wells, some of which do not a just and equitable distribution of water to provides a balance between the need of the work currently, and some of the ditches are attain the maximum use and conservation of Community to be able to operate the irriga- not even lined. The irrigation works is an water; and tion works during the year 2000 and beyond aging gravity-fed system. It dates back to (2) A due process system to deal with re- and the need of the United States to be able the early 1900s. In recent years the Commu- quests by Indians and Indian allottees for to fulfill its trust responsibilities to Indian nity has contributed funds (as opposed to ap- distribution of water. tribes, individual Indians and Indians with propriated funds), that have been devoted to (c) Subsequent Modification of Laws and trust allotments. The language seeks to ac- the refurbishment of the works. The con- Regulations. This subsection provides that, complish this by requiring that the Commu- struction funds committed to the project by if the Community’s laws and regulations are nity’s laws and regulations regarding man- the United States have long ago been more modified after the date of enactment of this agement, regulation and control of water re- than amortized. By the Community assum- Act, the proposed modifications will be pub- sources on the Reservation contain certain ing full responsibilities for the works, it is lished and made available to the Secretary basic requirements and standards. The Com- recognized that the United States is taking before the effective date of those laws and munity has currently brought its Water Code the next logical step to complete the process regulations. Additionally, the subsection re- into compliance with the requirements and begun several years ago which resulted in quires that the Community and the Sec- standards contained in the legislation (that 1997 with the transfer of operational manage- retary concur in any proposed changes that amended Water Code is, and will be, on file ment to the Community. If the United could significantly adversely affect the with the Committee on Resources and the States were not to take this next step, the rights of allottees. U.S. Department of the Interior). The two Community has indicated that it would be (d) Limitations of Liability. This sub- key requirements and standards are as fol- compelled to seek retroceding the irrigation section sets forth the limits on the liability lows: works to the United States at significant of the United States for damages from the (1) This paragraph requires that a process costs to the United States. In such an even- Community’s ownership and operation of the continue to be included in the Community’s tuality, the U.S. would need to assign Bu- irrigation works. October 3, 2000 CONGRESSIONAL RECORD — HOUSE H8717 (e) Cancellation of Charges. This sub- nity of these amendments shall become null b 2000 section provides for the cancellation of cer- and void. tain charges deferred under 25 USC § 386(a) (i) in light of the foregoing and in order Mr. FALEOMAVAEGA. Mr. Speaker, for construction of the irrigation works. to— I have no further requests for time, and (f) Project No Longer BIA Project. This (1) promote Indian self-determination, eco- I yield back the balance of my time. subsection provides that, after conveyance, nomic self-sufficiency, and self-governance; Mr. HANSEN. Mr. Speaker, I have no the irrigation works will no longer be a Bu- (2) enable the Community in its develop- further requests for time, and I yield reau of Indian Affairs project and therefore ment of a diverse, efficient reservation econ- back the balance of my time. not eligible for federal benefits based only on omy; and The SPEAKER pro tempore (Mr. its status as a former BIA project. (3) enable the Community to better serve OSE). The question is on the motion of- Section 3. Relationship to Other Laws. the water needs of the water users within the This section ensures that nothing in this Act Community, fered by the gentleman from Utah (Mr. diminishes the federal Indian Trust Respon- it is appropriate in this instance that the HANSEN) that the House suspend the sibility on the Community’s Reservation. United States convey to the Community the rules and pass the bill, H.R. 2820, as THE DEPUTY SECRETARY ownership of the irrigation works. amended. OF THE INTERIOR, SEC 2. CONVEYANCE AND OPERATION OF IRRI- The question was taken; and (two- Washington, DC, September 20, 2000. GATION WORKS thirds having voted in favor thereof) Hon. DON YOUNG, (a) CONVEYANCE.—The Secretary, as soon the rules were suspended and the bill, Chairman, Resources Committee, as is practicable after the date of enactment as amended, was passed. House of Representatives, Washington, DC. of this Act, and in accordance with the pro- A motion to reconsider was laid on DEAR MR. CHAIRMAN: This letter sets forth visions of this Act and all other applicable the table. the views of the Department of the Interior law, shall convey to the Community any or on H.R. 2820, to provide for the ownership all rights and interests of the United States f and operation of the irrigation works on the in and to the irrigation works on the Com- AUTHORIZING MEMORIAL AND Salt River Pima-Maricopa Indian Commu- munity’s Reservation which were formerly nity’s reservation in Maricopa County, Ari- GARDENS IN HONOR AND COM- operated by the Bureau of Indian Affairs. MEMORATION OF FREDERICK zona, by the Salt River Pima-Maricopa In- Notwithstanding the provisions of 25 U.S.C. dian Community. We understand that the § 385, 385a., 385b., and 385c, and any imple- DOUGLASS Salt River Pima Maricopa Indian Commu- menting regulations, during the period be- Mr. HANSEN. Mr. Speaker, I move to nity (Community) will request that the at- tween the date of the enactment of this Act suspend the rules and pass the bill tached bill be introduced as a substitute for and the conveyance of the irrigation works H.R. 2820. (H.R. 5331) to authorize the Frederick by the United States to the Community, the Douglass Gardens, Inc., to establish a The Department intends to support the at- Community shall operate the irrigation tached substitute bill which represents a works under the provisions set forth in this memorial and gardens on Department compromise reached between the Depart- Act and in accordance with the Indian Self of the Interior lands in the District of ment and the Community with respect to Determination and Education Assistance Act Columbia or its environs in honor and original provisions of H.R. 2820 that were ob- (25 U.S.C. § 450 et seq.), including retaining commemoration of Frederick Douglass. jectionable to the Department. Our support and expending operations and maintenance The Clerk read as follows: is contingent on the enactment by the Com- collections for irrigation works purposes. Ef- H.R. 5331 munity of the attached amendments to its fective upon the date of conveyance of the ir- Be it enacted by the Senate and House of Rep- water code that will bring the code into com- rigation works, the Community shall have resentatives of the United States of America in pliance with the provisions of the substitute the full ownership of and operating author- Congress assembled, bill. We understand that the Community in- ity over the irrigation works in accordance tends to enact these amendments to its with the provisions of this Act. SECTION 1. MEMORIAL AND GARDENS TO HONOR AND COMMEMORATE FREDERICK water code before or shortly after the sub- (b) FULLFILLMENT OF FEDERAL TRUST RE- DOUGLASS. stitute bill is introduced. We recommend SPONSIBILITIES.—To assure compliance with (a) MEMORIAL AND GARDENS AUTHORIZED.— that action on the bill await assurances that the federal upon the concurrence of both the The Frederick Douglass Gardens, Inc., is au- the necessary changes to the Community Community and the Secretary. thorized to establish a memorial and gardens water code have been made. (d) LIMITATIONS OF LIABILITY.—Effective on lands under the administrative jurisdic- Finally, the Department suggests Section upon the date of enactment of this Act, the tion of the Secretary of the Interior in the 2(d) of the substitute bill be amended by re- United States shall not be liable for damages District of Columbia or its environs in honor moving ‘‘employees, agents, or contractors’’ of any kind arising out of any act, omission, and commemoration of Frederick Douglass. from the clause. or occurrence based on the Community’s (b) COMPLIANCE WITH STANDARDS FOR COM- The Office of Management and Budget has ownership or operation of the irrigation MEMORATIVE WORKS.—The establishment of advised that there is no objection to the works, except for damages caused by acts of the Frederick Douglass memorial and gar- presentation of this report from the stand- negligence committed by the United States dens shall be in accordance with the Com- point of the Administration’s program. prior to the date of enactment of this Act. memorative Works Act (40 U.S.C. 1001 et Sincerely, Nothing in this section shall be deemed to seq.). DAVID J. HAYES. increase the liability of the United States (c) PAYMENT OF EXPENSES.—The Frederick Enclosures. beyond that currently provided in the Fed- Douglass Gardens, Inc., shall be solely re- RESOLUTION eral Tort Claims Act, 28 U.S.C. § 2671 et seq. sponsible for acceptance of contributions for, (e) CANCELLATION OF CHARGES.—Effective Whereas, the Congress of the United States and payment of the expenses of, the estab- upon the date of conveyance of the irrigation has under consideration the passage of H.R. lishment of the memorial and gardens. No works on the Reservation of the Community 2820 to convey to the Salt River Pima Mari- Federal funds may be used to pay any ex- that have been deferred pursuant to 25 U.S.C. copa Indian Community (‘‘Community’’) the pense of the establishment of the memorial § 386a are hereby canceled. irrigation works formerly owned and oper- and gardens. (f) PROJECT NO LONGER A BIA PROJECT.— ated by the Bureau of Indian Affairs and lo- (d) DEPOSIT OF EXCESS FUNDS.—If, upon Effective upon the date of conveyance of the cated on Community tribal and allottee payment of all expenses of the establishment irrigation works under this section, the irri- land; and of the memorial and gardens (including the gation works shall no longer be considered a Whereas, as a result of negotiations that maintenance and preservation amount re- Bureau of Indian Affairs irrigation project led to the development of H.R. 2820, and quired under section 8(b) of the Commemora- and the facilities will not be eligible for fed- amendments thereto, the legislation’s lan- tive Works Act (40 U.S.C. 1008(b)), or upon eral benefits based solely on the fact that guage contemplates that the Community expiration of the authority for the memorial the irrigation works were formerly a Bureau will adopt certain amendments to its Sur- and gardens under section 10(b) of such Act of Indian Affairs irrigation project. Nothing face Water Management Code prior to enact- (40 U.S.C. 1010(b)), there remains a balance of in this Act shall be construed to limit or re- ment of the legislation: Now, Therefore be it funds received for the establishment of the duce in any way the service, contracts, or Resolved, That the Community hereby memorial and gardens, Frederick Douglass funds the Community may be eligible to re- adopts the attached amendments to this Sur- Gardens, Inc., shall transmit the amount of ceive under other applicable federal law. face Water Management Code; and be it the balance to the Secretary of the Treasury Resolved further, That such amendments SEC 3. RELATIONSHIP TO OTHER LAWS for deposit in the account provided for in are to become effective immediately; Nothing in this Act shall be construed to section 8(b)(1) of such Act (40 U.S.C. Resolved further, That, if substitute legisla- diminish the trust responsibility of the 1008(b)(1)). tion for H.R. 2820 (1) is not passed by the United States under applicable law to the Congress prior to the adjournment sine die of Salt River Pima-Maricopa Indian Commu- The SPEAKER pro tempore. Pursu- the 106th Congress, or (2) if so passed by Con- nity, to individual Indians, or to Indians ant to the rule, the gentleman from gress, but is not signed into law during the with trust allotments within the Commu- Utah (Mr. HANSEN) and the gentleman 106th Congress, the approval by the Commu- nity’s Reservation. from American Samoa (Mr. H8718 CONGRESSIONAL RECORD — HOUSE October 3, 2000 FALEOMAVAEGA) each will control 20 Mr. SHIMKUS. Mr. Speaker, I want the Nation’s capitol. Without question, minutes. to personally thank the gentleman Frederick Douglass is an American The Chair recognizes the gentleman from Utah (Mr. HANSEN) and the rank- hero deserving of such honor. from Utah (Mr. HANSEN). ing member for moving this expedi- During the course of his remarkable Mr. HANSEN. Mr. Speaker, I yield tiously, and I want to join my col- life, Frederick Douglass freed himself myself such time as I may consume. leagues in urging the passage of H.R. from slavery and became internation- Mr. Speaker, H.R. 5331 is a bipartisan 5331, which establishes the Frederick ally renowned for his eloquence in the bill that was introduced by the gen- Douglass National Memorial Gardens cause of individual liberty and human tleman from Illinois (Mr. DAVIS). within the District of Columbia. rights. Douglass is rightfully regarded Mr. Speaker, Frederick Douglass was For years now, many people have as the true father of the civil rights in one of the most prominent leaders of asked about the legacy of Frederick America and one of profound intellec- the 19th century abolitionist move- Douglass. Certainly it lives on through tual thought. ment. Born into slavery in eastern his family, especially his great great Frederick Douglass published the Maryland in 1818, Douglass escaped to grandson, Frederick Douglass, IV, who North Star and Frederick Douglass’ the North as a young man where he be- I had the pleasure of meeting last Paper, which spread news of the aboli- came a world-renowned defender of tionist movement. His piercing com- human rights and eloquent orator, and week, and it also lives on within each of us because Frederick Douglass be- mentary earned him a role as a trusted later a Federal ambassador and advisor advisor to President Abraham Lincoln to several Presidents. Frederick Doug- stowed upon us an awesome responsi- bility to choose the harder right over and other American Presidents as the lass was a powerful voice for human Nation struggled to make good on the rights during the important period of the easier wrong. He freed himself from slavery and went on to advise Presi- promise of emancipation. American history, and is still revered Breaking yet another racial barrier, today for his contributions against ra- dent Lincoln, and served as an inspira- tion to those who yearned to breathe in 1877, Frederick Douglass moved to a cial injustice. house on a hill, Cedar Hill, he called it, H.R. 5331 authorizes the Frederick free. Earlier today, the House passed legis- in the Anacostia neighborhood of Douglass Gardens, Inc., a nonprofit or- Washington, D.C., where he could look ganization, in partnership with the Na- lation to appropriate funds for the Abraham Lincoln Presidential Library down on the Nation’s most historic tional Park Service, to establish a me- monuments from the sanctity of his morial and gardens in the District of to be built in Springfield, Illinois. I think that President Lincoln would be garden. Columbia or its environs in honor and From his offices in Anacostia in the pleased that we would honor another commemoration of Frederick Douglass. late 19th century, he published the New hero of the common man by passing Although not certain, the preferred National Era, a beacon for a reformed, site would be in the D.C. area, east of this bill to establish the Frederick racially integrated Nation which was the Anacostia River, where Douglass Douglass National Memorial and Gar- to be published, in his words, ‘‘in the spent the last 20 years of his life. dens. interest of the colored people of Amer- The Douglass memorial will comply Like President Lincoln, Frederick ica; not as a separate class, but as a with the Commemorative Works Act, Douglass stands as a reminder of a part of the whole people,’’ the Amer- and no Federal funds may be spent for time when our Nation faced its great- ican people. any expense of the establishment of the est peril. Through the strength of their He represented the United States as a memorial and gardens. Mr. Speaker, I resolve and the millions of others who foreign diplomat in both Haiti and the urge my colleagues to support H.R. had tasted freedom, our Nation sur- Dominican Republic and also served as 5331. vived and flourished. There are still a member of the Howard University Mr. Speaker, I reserve the balance of many issues and problems facing us my time. Board of Directors. He resided in Ana- today, but the foundation they built costia until his death in 1895, and is re- Mr. FALEOMAVAEGA. Mr. Speaker, for us stands strong and allows us the I yield myself such time as I may con- membered by local schoolchildren to opportunity to meet our challenges to- this date as the ‘‘Sage of Anacostia.’’ sume. gether. (Mr. FALEOMAVAEGA asked and In a speech for which he is perhaps Frederick Douglass paved the way for most well-known, Frederick Douglass was given permission to revise and ex- us to better understand the true mean- tend his remarks.) deplored how little democratic ideals ing of the statement that all men are Mr. FALEOMAVAEGA. Mr. Speaker, had yet extended to his people. By I want to commend the gentleman created equal. His legacy lives in each building a national memorial and gar- of us, and with the memorial gardens from Illinois (Mr. DAVIS), who is the dens to Douglass in the Nation’s cap- chief sponsor of this legislation. I am we will ensure that his legacy lives itol, in the sight line of the U.S. Cap- also listed as an original cosponsor of among us as well. itol, we demonstrate that his voice was this bill. Mr. Speaker, I applaud my colleague, heard. Mr. Speaker, H.R. 5331 authorizes the the gentleman from Illinois (Mr. America is not finished fighting for a establishment of a memorial and gar- DAVIS), for his forethought in bringing 4th of July that includes all people. By dens in the District of Columbia or its this legislation to the floor, and I want surrounding the memorial with a beau- environs to honor and commemorate to thank him for bringing me into the tiful garden, we pay tribute to the con- the life and achievements of Frederick fold and allowing me to help him co- templative side of the man that fed his Douglass. Frederick Douglass was the sponsor this legislation. I also want to public passion. We remember a man Nation’s leading 19th century African thank him for his leadership. who understood rightly the nature of American spokesman. A gifted writer Mr. FALEOMAVAEGA. Mr. Speaker, true power. He knew the value of power and speaker, he was a key figure in the I yield such time as he may consume to vested in a ‘‘moral majority of one.’’ abolitionist movement. Because of this the gentleman from Illinois (Mr. To quote his contemporary, Thoreau, historic significance, the National DAVIS). ‘‘And he wielded the power of personal Park Service administers the Fred- Mr. DAVIS of Illinois. Mr. Speaker, example as his weapon of choice in the erick Douglass national historic site first of all, let me thank the gentleman greatest moral struggle of modern currently now in Washington, D.C. from American Samoa for yielding me times.’’ Mr. Speaker, we are supportive of this time. I also want to thank the The outcome of that struggle could this measure, and I want to commend ranking member of the subcommittee be different if not for the looming pres- again my good friend, the gentleman not only for his diligence but also for ence of Douglass, a man who Langston from Illinois, for his leadership in his sensitivity in helping to move this Hughes said quite simply, ‘‘is not sponsoring this legislation. legislation forward. dead,’’ and we know what he meant. It Mr. Speaker, I reserve the balance of Mr. Speaker, I am pleased to be a would be inappropriate to build a pas- my time. principal sponsor of this legislation to sive memorial of silent, motionless Mr. HANSEN. Mr. Speaker, I yield honor the renowned 19th century aboli- stone. Our most fitting tribute to such time as he may consume to the tionist leader Frederick Douglass with Douglass is a memorial that will in- gentleman from Illinois (Mr. SHIMKUS). the National Memorial and Gardens in clude in its presentation the living, October 3, 2000 CONGRESSIONAL RECORD — HOUSE H8719 breathing lives grown out of his life, So I am happy to join in this tribute mansion that he purchased in historic lives fleshing Douglass’ dreams of lib- to Frederick Douglass. Anacostia. erty and inspiring others to manifest Mr. FALEOMAVAEGA. Mr. Speaker, It is also in historic Anacostia where the personal qualities of Douglass the how much time do we have remaining the memorial itself belongs, not on the man: Integrity, courage, passion, a love on this side of the aisle? overcrowded mall where with all our for liberty and justice, and a commit- The SPEAKER pro tempore (Mr. hubris we all seek to crowd but in Ana- ment to intellectual excellence. PEASE). The gentleman from American costia, in Southeast, where Douglass As a passionate defender of the best Samoa (Mr. FALEOMAVAEGA) has 13 lived, where he wrote, and from where of American ideals, Frederick Douglass minutes remaining. he often rode on horseback and even remains a powerful symbol for our Mr. FALEOMAVAEGA. Mr. Speaker, walked to Capitol Hill. He held every times and a goad to constant vigilance. I yield 8 minutes to the gentlewoman conceivable position in the District, Freedom is not free, and we would do from the District of Columbia (Ms. U.S. marshal, board of Howard Univer- well to provide a reminder to our chil- NORTON), and I also do want to thank sity, recorder of deeds for the District dren that, as Douglass would say, the gentleman from Illinois for his of Columbia. He was a man for all sea- struggle, struggle, strife and pain are most eloquent statement about this sons and all nations and he was a man the prerequisites for change. And if great American leader. of the District of Columbia. To be sure, there is no struggle, there can be no Ms. NORTON. Mr. Speaker, I thank a national and international hero and progress. the gentleman from American Samoa diplomat, but above all, a man of this Mr. Speaker, this moment would not for yielding me this time and for his town. be possible if it were not for people like work in facilitating this bill to the So it stands to reason that it would those in the Anacostia Garden Club; floor so soon after it was introduced. I be a local group in Anacostia who wish- my colleagues, the gentleman from Il- also thank the gentleman from Utah es to raise the funds, working with the linois (Mr. SHIMKUS), the gentleman (Mr. HANSEN), who has worked with me National Park Service, for this memo- from Missouri (Mr. TALENT), and the on similar bills and without whom this rial, of course, with no funds to come gentlewoman from the District of Co- bill would certainly not be here so from the United States Government. lumbia (Ms. NORTON); who all were promptly. One of the most appealing aspects of very instrumental in helping to shape I am particularly indebted to my the notion of this memorial is that it is this legislation and bring it to the good friends, the gentleman from Illi- a memorial and gardens, and the spon- floor. I thank them for joining as origi- nois (Mr. SHIMKUS) and the gentleman sor is the Frederick Douglass Gardens. nal cosponsors. from Illinois (Mr. DAVIS), whose leader- What a wonderful idea, an idea that did Also I thank the Speaker, the gen- ship has been central to this bill. not come from us but from the commu- tleman from Illinois (Mr. HASTERT); Mr. Speaker, on any list of the 10 nity which has thought about Douglass the gentleman from Alaska (Mr. greatest Americans of all time Fred- and his life, how he lived that life, YOUNG), the ranking member; the gen- erick Douglass’ name would probably close to the city, close to nature. Sup- tleman from California (Mr. MILLER), appear. A man of multiple talents and porters, of course, include not only the the subcommittee chairman; the gen- great principle. Frederick Douglass Institute, Fred- tleman from Utah (Mr. HANSEN); and Of course, he is known for many on erick Douglass, IV himself, a man who the ranking member, the gentleman the one hand as the great abolitionist. looks strikingly like his great great from Puerto´ Rico (Mr. ROMERO- That is his national-international rep- grandfather, I might add, but also the BARCELO) for their help in getting this utation. Those of us in the District of Anacostia Historical Society and the matter to the floor. Columbia call him the Sage of Ana- Anacostia Garden Club; residents of Finally, I urge all my colleagues to costia, Anacostia and southeast Wash- the District of Columbia who studied join with us in passing this legislation, ington. This much seems clear: Fred- his life and try to live by his principles. not just for Anacostia or Frederick erick Douglass was the most important The preferred site is even more won- Douglass, IV, but for the entire Nation black man of the 19th century, just as derful. Again, it is not some grand site and for the entire world to see. Martin Luther King is surely the most in the middle of the most important Mr. HANSEN. Mr. Speaker, I yield 1 important black man of the 20th Cen- part of the memorial, though heaven minute to the gentleman from Cali- tury. knows Douglass would deserve such a fornia (Mr. ROHRABACHER). There are two important differences, site were it appropriate in our sight, Mr. ROHRABACHER. Mr. Speaker, I though. First, a memorial for Martin but it would be, we hope, on Poplar rise in support of this effort to pay Luther King, Jr. is about to come for- Point. tribute to a truly, truly great Amer- ward on the mall. We are very close to Where is Poplar Point? Poplar Point ican, Frederick Douglass. that now. A mall site has been ap- is a discarded site where the Architect Frederick Douglass has been an in- proved, the memorial itself has been of the Capitol maintained his green- spiration to me throughout my adult approved, yet there is none for Doug- house. There is nothing there now. We life. Let me say that Frederick Doug- lass anywhere in the Nation’s capitol. have moved the greenhouse. We would lass was one of the truly great orators And, secondly, we do not seek a place like to reclaim it and integrate it as a in American history, and I have read so for Douglass on the mall. To be sure, memorial grove to be kept by the Park much about him in the past. I, of Douglass deserves a national memorial Service with some appropriate memo- course, was a speech writer for Presi- wherever the greats are sited, but there rial to the great Frederick Douglass in dent Reagan, and when I read about has been great sensitivity in thinking the gardens, gardens so that people can Frederick Douglass and how he moved through where this memorial should come not just to watch whatever we people and changed history with his sit. put there but to think about his life, to passion, with his moral passion, I just think about where he lived, to think b could not help but admire him so. 2015 about what Douglass stood for. And, of course, he was also a gifted I thank the original cosponsors with I do believe this is the way to do a writer, and I am a former journalist, whom I have cosponsored this bill, be- memorial, Mr. Speaker, at least for and I certainly admire the fact that we cause, in a very real sense, Douglass this man. It is, as well, a way to spread have a great orator and a gifted writer belongs with us in the District of Co- out the memorials to other historic who did what? He helped save America lumbia. parts of the District. We all somehow from a moral sin. He helped cleanse Now, the National Park Service see ourselves close to the Capitol, wav- America. He was a freedom fighter. He maintains a very interesting, wonder- ing to history. You cannot do it. You was a human rights advocate when the fully educational home, the home he cannot fill it up with ourselves. You freedom fighters and the human rights called Cedar Hill in Southeast, in Ana- cannot fill it up with our favorite he- advocates needed to work on the costia. If Members have not been there, roes. Yet much of the District is his- United States of America because we it is a place you must not avoid. They toric. Not far from the Capitol is where needed cleansing from our horrible in- have set that home up exactly as Doug- the great historic figures like George stitution of slavery. lass left it. It is a great and wonderful Washington and Abraham Lincoln H8720 CONGRESSIONAL RECORD — HOUSE October 3, 2000 spent their time, not in this plot of groups and of the commercial exchange that pose of exchanging trail information and re- land but in the wonderful plots sur- made possible the development and growth search, fostering trail preservation and edu- rounding the District. That is where of the borderland; cational programs, providing technical as- Douglass belongs. That is where we (4) American Indian groups, especially the sistance, and working to establish an inter- Pueblo Indians of the Rio Grande, developed national historic trail with complementary want a memorial to him, in another trails for trade long before Europeans ar- preservation and education programs in each historic part of the District, historic rived; ˜ nation.’’. old Anacostia. (5) In 1598, Juan de Onate led a Spanish The SPEAKER pro tempore. Pursu- We hope it will prove a perfect prece- military expedition along those trails to es- ant to the rule, the gentleman from tablish the northern portion of El Camino dent for memorials for other great men Utah (Mr. HANSEN) and the gentleman and women. This was a perfect idea. I Real; (6) During the Mexican National Period from American Samoa (Mr. thank the original cosponsors, and I FALEOMAVAEGA) each will control 20 thank my own constituents here in and part of the U.S. Territorial Period, El Camino Real de Tierra Adentro facilitated minutes. Washington for giving us an idea that I the emigration of people to New Mexico and The Chair recognizes the gentleman hope will be repeated to honor great other areas that would become the United from Utah (Mr. HANSEN). men and women like Frederick Doug- States; Mr. HANSEN. Mr. Speaker, I yield lass. (7) The exploration, conquest, colonization, myself such time as I may consume. Mr. FALEOMAVAEGA. Mr. Speaker, settlement, religious conversion, and mili- Mr. Speaker, S. 366 amends the Na- I want to thank the gentlewoman from tary occupation of a large area of the border- tional Trails System Act to designate the District of Columbia for an excel- lands was made possible by this route, whose El Camino Real de Tierra Adentro as a lent presentation concerning her sup- historical period extended from 1598 to 1882; component of the National Trails Sys- (8) American Indians, European emigrants, tem. The bill directs the Secretary of port of this legislation. Again I urge miners, ranchers, soldiers, and missionaries my colleagues to support this bill. used El Camino Real during the historic de- the Interior to administer the trail, to Mr. Speaker, I yield back the balance velopment of the borderlands. These trav- encourage volunteer groups to develop of my time. elers promoted cultural interaction among and maintain the trail, and also to con- Mr. HANSEN. Mr. Speaker, I yield Spaniards, other Europeans, American Indi- sult with affected Federal, State, local myself such time as I may consume. ans, Mexicans, and Americans; governmental and tribal agencies in its I am also honored to be a part of hon- (9) El Camino Real fostered the spread of administration. The bill requires owner oring this great American. If I may be Catholicism, mining, an extensive network consent for any Federal land acquisi- a wee bit political, the gentleman from of commerce, and ethnic and cultural tradi- tion along the trail. Additionally, S. tions including music, folklore, medicine, California tells me he was one of the 366 authorizes the Secretary to coordi- foods, architecture, language, place names, nate trail activities and programs with founders of the Republican Party. irrigation systems, and Spanish law. Mr. Speaker, I yield back the balance the Government of Mexico as well as SEC. 3. AUTHORIZATION AND ADMINISTRATION. Mexican nongovernmental organiza- of my time. Section 5 (a) of the National Trails System The SPEAKER pro tempore (Mr. Act (16 U.S.C. 1244 (a)) is amended— tions and academic institutions. PEASE). The question is on the motion (1) by designating the paragraphs relating I urge my colleagues to support this offered by the gentleman from Utah to the California National Historic Trail, the legislation. (Mr. HANSEN) that the House suspend Pony Express National Historic Trail, and Mr. Speaker, I reserve the balance of the rules and pass the bill, H.R. 5331. the Selma to Montgomery National Historic my time. The question was taken; and (two- Trail as paragraphs (18), (19), and (20), respec- Mr. FALEOMAVAEGA. Mr. Speaker, thirds having voted in favor thereof) tively; and I yield myself such time as I may con- (2) by adding at the end the following: sume. the rules were suspended and the bill ‘‘(21) EL CAMINO REAL DE TIERRA ADENTRO.— (Mr. FALEOMAVAEGA asked and was passed. ‘‘(A) El Camino Real de Tierra Adentro was given permission to revise and ex- A motion to reconsider was laid on (the Royal Road of the Interior) National tend his remarks.) the table. Historic Trail, a 404 mile long trail from the Mr. FALEOMAVAEGA. Mr. Speaker, f Rio Grande near El Paso, Texas to San Juan El Camino Real de Tierra Adentro, or Pueblo, New Mexico, as generally depicted EL CAMINO REAL DE TIERRA on the maps entitled ‘United States Route: the Royal Road of the Interior, covers ADENTRO NATIONAL HISTORIC El Camino Real de Tierra Adentro’, con- more than 400 miles from El Paso, TRAIL ACT tained in the report prepared pursuant to Texas to San Juan Pueblo, New Mex- ico. The trail was established as a Mr. HANSEN. Mr. Speaker, I move to subsection (b) entitled ‘National Historic Trail Feasibility Study and Environmental trade route by Native Americans more suspend the rules and pass the Senate Assessment: El Camino Real de Tierra than 300 years ago and played an im- bill (S. 366) to amend the National Adentro, Texas-New Mexico’, dated March portant role in the exploration, settle- Trails System Act to designate El Ca- 1997. ment and economic development of a mino Real de Tierra Adentro as a Na- ‘‘(B) MAP.—A map generally depicting the large section of the American South- tional Historic Trail. trail shall be on file and available for public inspection in the Office of the National Park west. The Clerk read as follows: The 103rd Congress commissioned a S. 366 Service, Department of Interior. ‘‘(C) ADMINISTRATION.—The Trail shall be study of the trail to determine whether Be it enacted by the Senate and House of Rep- administered by the Secretary of the Inte- or not it met the criteria to be in- resentatives of the United States of America in rior. cluded as part of the National Historic Congress assembled, ‘‘(D) LAND ACQUISITION.—No lands or inter- Trails System. The study was com- SECTION 1. SHORT TITLE. ests therein outside the exterior boundaries pleted in 1997 and concluded that such This Act may be cited as the ‘‘El Camino of any federally administered area may be a designation would be appropriate. Real de Tierra Adentro National Historic acquired by the Federal Government for El Trail Act.’’ The final step in this process is the Camino Real de Tierra Adentro except with adoption of this legislation now before SEC. 2. FINDINGS. the consent of the owner thereof. The Congress finds the following: ‘‘(E) VOLUNTEER GROUPS; CONSULTATION.— us today. (1) El Camino Real de Tierra Adentro (the The Secretary of the Interior shall— The discussion of this trail may seem Royal Road of the Interior), served as the ‘‘(i) encourage volunteer trail groups to familiar to some Members. That is be- primary route between the colonial Spanish participate in the development and mainte- cause the House has already passed capital of Mexico City and the Spanish pro- nance of the trail; and H.R. 2271, sponsored by the gentleman vincial capitals at San Juan de Los Cabal- ‘‘(ii) consult with other affected Federal, from Texas (Mr. REYES), legislation to leros (1598–1600), San Gabriel (1600–1609) and State, local governmental, and tribal agen- complete the designation of this his- then Santa Fe (1610–1821). cies in the administration of the trail. toric trail. However, at the last minute (2) The portion of El Camino Real de Tierra ‘‘(F) COORDINATION OF ACTIVITIES.—The an amendment to the gentleman from Adentro that resided in what is now the Secretary of the Interior may coordinate United States extended between El Paso, with United States and Mexican public and Texas’ bill was forced through that sig- Texas and present San Juan Pueblo, New non-governmental organizations, academic nificantly weakened the bill and cre- Mexico, a distance of 404 miles; institutions, and, in consultation with the ated controversy over what had been a (3) El Camino Real is a symbol of the cul- Secretary of State, the government of Mex- noncontroversial piece of legislation to tural interaction between nations and ethnic ico and its political subdivisions, for the pur- begin with. October 3, 2000 CONGRESSIONAL RECORD — HOUSE H8721 Now that cooler heads have pre- (b) SALE PRICE.— Mr. FALEOMAVAEGA. Mr. Speaker, vailed, Mr. Speaker, we are forced to (1) IN GENERAL.—The Secretary shall ac- I will not oppose the provisions of this consider the Senate-passed companion cept $150,315 as payment from the District bill. I ask that my colleagues support version of this legislation as a means of and $1,798,200 as payment from the power this legislation. customers under the terms specified in this undoing the damage that was done to section, as consideration for the conveyance Mr. GEORGE MILLER of California. Mr. the gentleman from Texas’ bill. This is under subsection (a). Out of the receipts Speaker, while I will not oppose H.R. 4389, I good legislation, Mr. Speaker. It is un- from the sale of power from the Loveland will note that this project transfer bill does not fortunate that my friends in the major- Area Projects collected by the Western Area in my view represent good stewardship of a ity’s insistence on a pointless amend- Power Administration and deposited into the valuable Federal asset. The bill is full of gen- ment to the House bill has resulted in Reclamation fund of the Treasury in fiscal eralities, and the United States and taxpayer- delaying its enactment. year 2001, $1,798,200 shall be treated as full owners get practically nothing out of this deal. I urge my colleagues to support the and complete payment by the power cus- No environmental benefits will result from this tomers of such consideration and repayment bill. I want to thank my good friend by the power customers of all aid to irriga- transfer, and public involvement opportunities from Utah, the chairman of the Sub- tion associated with the facilities conveyed are minimal. My formal views on H.R. 4389 committee on National Parks and Pub- under subsection (a). are set forth in the Committee Report accom- lic Lands, for pushing for this legisla- (2) NO EFFECT ON OBLIGATIONS AND panying the bill. tion to be brought to the floor. RIGHTS.—Except as expressly provided in this The bill mandates conveyance without first Mr. Speaker, I yield back the balance Act, nothing in this Act affects or modifies allowing the Secretary to determine whether of my time. the obligations and rights of the District such a conveyance is in the public interest. Mr. HANSEN. Mr. Speaker, I yield under the contract. The bill should, instead simply authorize the (3) PAYMENTS.—Except as provided in sub- back the balance of my time. section (c), the District shall continue to conveyance so the Secretary can make such The SPEAKER pro tempore. The make such payments as are required under a determination. question is on the motion offered by the contract. The bill does not provide for local public in- the gentleman from Utah (Mr. Hansen) (c) CREDIT TOWARD PROJECT REPAYMENT.— volvement prior to final action on the transfer. that the House suspend the rules and Upon payment by the District of the amount The bill fails to provide for environmental pass the Senate bill, S. 366. authorized to be accepted from the District protection and enhancement. Environmental The question was taken; and (two- under subsection (b)(1), the amount paid shall be credited toward repayment of cap- protection and enhancement are the appro- thirds having voted in favor thereof) ital costs of the Colorado-Big Thompson priate quid pro quo to mitigate for post-transfer the rules were suspended and the Sen- Project in an amount equal to the associated loss of federal control and applicability of most ate bill was passed. undiscounted obligation for repayment of federal laws. A motion to reconsider was laid on the capital costs. Finally, H.R. 4389 creates a fixed ``sale the table. SEC. 3. LIABILITY. price'' prior to knowing the details of the trans- f Except as otherwise provided by law, effec- fer. The United States should negotiate a fair tive on the date of conveyance of the trans- price for the conveyance only after the terms NORTHERN COLORADO WATER ferred water distribution facilities under this and conditions of transfer are established CONSERVANCY DISTRICT LAND Act, the United States shall not be liable for through negotiations with local stakeholders. CONVEYANCE damages of any kind arising out of any act, omission, or occurrence based on any prior Transfers of Western water projects to local Mr. HANSEN. Mr. Speaker, I move to ownership or operation by the United States beneficiaries are not inherently bad, but H.R. suspend the rules and pass the bill of the conveyed property. 4389 should not be used as a template for fu- (H.R. 4389) to direct the Secretary of The SPEAKER pro tempore. Pursu- ture transfers. These projects are publicly- the Interior to convey certain water ant to the rule the gentleman from owned, and taxpayer interests should be rec- distribution facilities to the Northern Utah (Mr. HANSEN) and the gentleman ognized and protected. Colorado Water Conservancy District, from American Samoa (Mr. Mr. FALEOMAVAEGA. Mr. Speaker, as amended. FALEOMAVAEGA) each will control 20 I yield back the balance of my time. The Clerk read as follows: minutes. Mr. HANSEN. Mr. Speaker, I yield H.R. 4389 The Chair recognizes the gentleman back the balance of my time. Be it enacted by the Senate and House of Rep- from Utah (Mr. HANSEN). The SPEAKER pro tempore. The resentatives of the United States of America in Mr. HANSEN. Mr. Speaker, I yield question is on the motion offered by Congress assembled, myself such time as I may consume. the gentleman from Utah (Mr. HANSEN) Mr. Speaker, H.R. 4389 transfers a SECTION 1. DEFINITIONS. that the House suspend the rules and small component of a much larger In this Act: pass the bill, H.R. 4389, as amended. project. The larger overall project was (1) CONTRACT.—The term ‘‘contract’’ means The question was taken; and (two- built from 1938 to 1957 and called the the contract between the United States and thirds having voted in favor thereof) Colorado-Big Thompson project. The the Northern Colorado Water Conservancy the rules were suspended and the bill, District providing for the construction of the water is used primarily to help irrigate Colorado-Big Thompson Project, dated July 615,000 acres of northeastern Colorado as amended, was passed. 5, 1938 (including any amendments and sup- farmland. A motion to reconsider was laid on plements). The proposed legislation will divest the table. (2) DISTRICT.—The term ‘‘District’’ means the Bureau of Reclamation of responsi- f the Northern Colorado Water Conservancy bility for future management, liability VETERANS’ ORAL HISTORY District. and replacement of the North Poudre (3) SECRETARY.—The term ‘‘Secretary’’ PROJECT ACT means the Secretary of the Interior. Supply Canal and Diversion Works, the Charles Hansen Supply Canal and Mr. HANSEN. Mr. Speaker, I move to (4) TRANSFERRED WATER DISTRIBUTION FA- suspend the rules and pass the bill CILITIES.—The term ‘‘transferred water dis- Windsor Extension, and the Dixon tribution facilities’’ means the North Poudre Feeder Canal. (H.R. 5212) to direct the American Supply Canal and Diversion Works, also An agreement on the sale price has Folklife Center at the Library of Con- known as the Munroe Gravity Canal, the been worked out between the District, gress to establish a program to collect Charles Hansen (Supply) Canal and Windsor the Bureau of Reclamation and West- video and audio recordings of personal Extension, and the Dixon Feeder Canal, all ern Area Power Administration for the histories and testimonials of American of which are facilities of the Colorado-Big facilities to be conveyed under this act. war veterans, and for other purposes, Thompson Project located in Larimer Coun- I urge an aye vote on this legislation. as amended. ty, Colorado. Mr. Speaker, I reserve the balance of The Clerk read as follows: SEC. 2. CONVEYANCE OF TRANSFERRED WATER my time. DISTRIBUTION FACILITIES. H.R. 5212 Mr. FALEOMAVAEGA. Mr. Speaker, (a) IN GENERAL.—The Secretary shall, as Be it enacted by the Senate and House of Rep- soon as practicable after the date of enact- I yield myself such time as I may con- resentatives of the United States of America in ment of this Act and in accordance with all sume. Congress assembled, applicable law, convey to the District all (Mr. FALEOMAVAEGA asked and SECTION 1. SHORT TITLE. right, title, and interest in and to the trans- was given permission to revise and ex- This Act may be cited as the ‘‘Veterans’ ferred water distribution facilities. tend his remarks.) Oral History Project Act’’. H8722 CONGRESSIONAL RECORD — HOUSE October 3, 2000 SEC. 2. FINDINGS; PURPOSE. (3) to solicit, reproduce, and collect writ- This program will ensure that future (a) FINDINGS.—Congress finds as follows: ten materials (such as letters and diaries) generations have access to the memo- (1) Military service during a time of war is relevant to the personal histories of veterans ries and experiences of veterans ac- the highest sacrifice a citizen may make for of the armed forces who served during a pe- quired during their service to the Na- his or her country. riod of war and to catalog such materials in tion. These individual stories will pro- (2) 4,700,000 Americans served in World War a manner the Director considers appropriate, I, 16,500,000 Americans served in World War consistent with and complimentary to the vide historians with invaluable infor- II, 6,800,000 Americans served in the Korean efforts described in paragraphs (1) and (2). mation to give context to some of the Conflict, 9,200,000 Americans served in the (b) USE OF AND CONSULTATION WITH OTHER greatest moments in our history and Vietnam Conflict, 3,800,000 Americans served ENTITIES.—The Director may carry out the some of the most tragic. It will also in the Persian Gulf War, and countless other activities described in paragraphs (1) and (3) provide the public with a way to re- Americans served in military engagements of subsection (a) through agreements and member and celebrate the sacrifices overseas throughout the 20th century. partnerships entered into with other govern- made by the men and women who have (3) The Department of Veterans Affairs re- ment and private entities, and may other- fought to protect our freedom. ports that there are almost 19,000,000 war wise consult with interested persons (within The Library of Congress, through the veterans living in this Nation today. the limits of available resources) and develop National Digital Library, Local Leg- (4) Today there are only approximately appropriate guidelines and arrangements for 3,400 living veterans of World War I, and of soliciting, acquiring, and making available acies program and other activities has the some 6,000,000 veterans of World War II recordings under the program under this developed the capability to digitize alive today, almost 1,500 die each day. Act. materials collected and to make them (5) Oral histories are of immeasurable (c) TIMING.—As soon as practicable after available to all Americans through the value to historians, researchers, authors, the enactment of this Act, the Director shall Library’s Web pages so that the great- journalists, film makers, scholars, students, begin collecting video and audio recordings est number of Americans can benefit and citizens of all walks of life. under subsection (a)(1), and shall attempt to from the memories of our veterans. (6) War veterans possess an invaluable re- collect the first such recordings from the Mr. Speaker, unfortunately the lead source in their memories of the conflicts in oldest veterans. cosponsor of this legislation the gen- which they served, and can provide a rich SEC. 4. PRIVATE SUPPORT. tleman from New York (Mr. HOUGHTON) history of our Nation and its people through (a) ACCEPTANCE OF DONATIONS.—The Li- could not be here for floor debate at the retelling of those memories, yet fre- brarian of Congress may solicit and accept quently those who served during times of donations of funds and in-kind contributions this time. I will ask as part of general conflict are reticent to family and friends to carry out the oral history program under leave that his written statement on about their experiences. section 3. this bill be made part of the RECORD. (7) It is in the Nation’s best interest to col- (b) ESTABLISHMENT OF SEPARATE GIFT AC- Mr. Speaker, I reserve the balance of lect and catalog oral histories of American COUNT.—There is established in the Treasury my time. war veterans so that future generations will (among the accounts of the Library of Con- Mr. HOYER. Mr. Speaker, I yield my- have original sources of information regard- gress) a gift account for the oral history pro- self such time as I may consume. I ing the lives and times of those who served gram under section 3. thank the distinguished gentleman in war and the conditions under which they (c) DEDICATION OF FUNDS.—Notwith- from Utah for his comments and his endured, so that Americans will always re- standing any other provision of law— undertaking the responsibility to make (1) any funds donated to the Librarian of member those who served in war and may sure this bill passes in a timely fash- learn first-hand of the heroics, tediousness, Congress to carry out the oral history pro- horrors, and triumphs of war. gram under section 3 shall be deposited en- ion. He is one of the good Members of (8) The Library of Congress, as the Nation’s tirely into the gift account established under this body and is always there when you oldest Federal cultural institution and larg- subsection (b); need him. est and most inclusive library in human his- (2) the funds contained in such account Mr. Speaker, it is an honor to speak tory (with nearly 119,000,000 items in its shall be used solely to carry out the oral his- in support of H.R. 5212, as amended, the multimedia collection) is an appropriate re- tory program under section 3; and Veterans’ Oral History Project Act. pository to collect, preserve, and make (3) the Librarian of Congress may not de- The manager’s amendment in my opin- available to the public an archive of these posit into such account any funds donated to ion has strengthened an already good oral histories. The Library’s American the Librarian which are not donated for the bill and I want to thank the gentleman Folklife Center has expertise in the manage- exclusive purpose of carrying out the oral from California (Mr. THOMAS), cer- ment of documentation projects and experi- history program under section 3. tainly the gentleman from Wisconsin ence in the development of cultural and edu- SEC. 5. AUTHORIZATION OF APPROPRIATIONS. cational programs for the public. There are authorized to be appropriated to (Mr. KIND), and the gentleman from (b) PURPOSE.—It is the purpose of this Act carry out this Act— New York (Mr. HOUGHTON) for all their to create a new federally sponsored, author- (1) $250,000 for fiscal year 2001; and work in getting this legislation to the ized, and funded program that will coordi- (2) such sums as may be necessary for each floor. nate at a national level the collection of succeeding fiscal year. This bill directs the American video and audio recordings of personal his- Folklife Center, as the gentleman from tories and testimonials of American war vet- The SPEAKER pro tempore. Pursu- ant to the rule, the gentleman from Utah said, at the Library of Congress erans, and to assist and encourage local ef- to establish a program to collect video forts to preserve the memories of this Na- Utah (Mr. HANSEN) and the gentleman and audio of personal histories and tion’s war veterans so that Americans of all from Maryland (Mr. HOYER) each will current and future generations may hear di- control 20 minutes. testimonials of America’s war vet- rectly from veterans and better appreciate The Chair recognizes the gentleman erans. the realities of war and the sacrifices made from Utah (Mr. HANSEN). b 2030 by those who served in uniform during war- Mr. HANSEN. Mr. Speaker, I yield time. Our war veterans include 19 million myself such time as I may consume. SEC. 3. ESTABLISHMENT OF PROGRAM AT AMER- men and women who risked their lives ICAN FOLKLIFE CENTER TO COL- Mr. Speaker, H.R. 5212 was intro- so that this bold experiment in democ- LECT VIDEO AND AUDIO RECORD- duced by the gentleman from Wis- racy could flourish. Their record of INGS OF HISTORIES OF VETERANS. consin (Mr. KIND) and the gentleman valor, courage, and bravery is un- (a) IN GENERAL.—The Director of the from New York (Mr. HOUGHTON) and matched in world history. American Folklife Center at the Library of has 230 cosponsors. The bill creates a Congress shall establish an oral history The numbers of men and women, Mr. program— recording program within the Amer- Speaker, who have served our Nation is (1) to collect video and audio recordings of ican Folklife Center at the Library of staggering: 4.7 million in World War I; personal histories and testimonials of vet- Congress to collect videotaped his- 16.5 million in World War II; 6.8 million erans of the armed forces who served during tories of American war veterans. in the Korean War; 9.2 million in the a period of war; There are 19 million veterans in the Vietnam War; and 3.8 million in the (2) to create a collection of the recordings United States, but only about 3,400 re- Persian Gulf War. Of these veterans, al- obtained (including a catalog and index) maining who served in World War I. As most 19 million are still with us today. which will be available for public use the bill points out, of the 6 million through the National Digital Library of the In my district, there are more than Library of Congress and such other methods World War II vets alive today, almost 11,000 military retirees. as the Director considers appropriate to the 1,500 die each day. We are currently ob- Though these numbers are astound- extent feasible subject to available re- serving the 50th anniversary of the Ko- ing, the veterans’ stories and achieve- sources; and rean conflict. ments are even more remarkable. October 3, 2000 CONGRESSIONAL RECORD — HOUSE H8723 Among these 19 million nationwide and Administration, and the ranking mem- would like their communities to be re- 11,000 in Maryland’s fifth district are ber, the gentleman from Maryland (Mr. membered 100 or 200 years from now. the Doughboys, who broke the German HOYER) and his staff, for all the help So they have the expertise, and they resistance at Meuse-Argonne and and cooperation and support they have have the technology. They are moving forged victory in World War I; the shown in regards to this legislation to digitize virtually everything con- brave paratroopers who jumped behind that my friend and colleague, the gen- tained at the Library of Congress now, enemy lines and the courageous sol- tleman from New York (Mr. HOUGH- and once we are able to start collecting diers who charged the beaches of Nor- TON), and I introduced just a couple of these videotapes, they are going to be mandy; the men who endured the vi- weeks ago. able to index it, digitize it, and make it cious fighting in the Pacific theater, Mr. Speaker, this legislation is very available over the Internet for anyone including five brutal months at Gua- simple, but I believe it is very impor- interested in learning this part of our dalcanal. tant; important if this country has an Nation’s history. These veterans climbed Pork Chop interest in preserving our history. I also envision the help of a lot of Hill and endured the losses at Heart- What this legislation basically does is family members and encourage their break Ridge in the Korean War, a war, directs the Library of Congress to es- support in videotaping their loved Mr. Speaker, whose 50th anniversary tablish a national archives for the col- ones, veterans who served in foreign we are honoring this year. lection and preservation of the oral conflicts, members of the VFW, Amer- They quietly patrolled the rivers in history through videotape testimony of ican Legion Halls, who can set up search for a hidden enemy in the jun- our veterans who are still with us videotaping places within their halls, gles of Vietnam. today. encouraging veterans to come in and These 19 million veterans saw their Now that we have the technology to share their story. Class projects, stu- countrymen fall around them; yet they do it, I believe this Nation should make dents going out and actually continued to march forward. They con- every conceivable effort to try to pre- videotaping and interviewing these vet- tinued to fight, not for their personal serve this very important piece of erans on tape for educational benefit, glory, but for our freedom. By passing American oral history before it is too and these videotape collections being this bill, Mr. Speaker, we allow their late, as the gentleman from Maryland saved for the family archives purposes firsthand accounts to become part of (Mr. HOYER) already indicated. for community libraries, or historical our Nation’s history. Time is of the essence. We have societies, but ultimately a copy being It is imperative that we act soon, to- roughly 19 million veterans who are sent out to the Library of Congress so night. The Department of Veterans Af- still with us today. Of that number, we can index it, digitize it and make it fairs estimates that 572,000 veterans slightly more than 6 million are from available for future generations. will die this year, including an esti- the Second World War generation. I think this is a worthwhile project, mated 1,500 World War II veterans each They are passing away at roughly 1,500 one that will require the cooperation of day, as the gentleman from Utah (Mr. a day, and with them go their memo- countless people across the country, but especially from our veterans, who HANSEN) pointed out. As we lose these ries. men and women of courage, we also Recently, I have encountered a lot of can leave an incredible gift, a gift that lose their stories of valor and honor. veterans of the Second World War and will keep on giving to generation after We must make every effort to learn the Korean generation who have been generation, by stepping forward and their stories. These remembrances will more willing to speak about their expe- talking about their experiences in these conflicts that made this Nation help not only those interested in Amer- riences in the twilight of their years. I the great Nation that it is today. ica’s past; they will guide those who have also encountered many family So I want to again thank the gen- will lead America’s future. members who regret today the fact tleman from New York (Mr. HOUGHTON) Mr. Speaker, I would like to con- that they did not take time to video- for all of his work and efforts put into gratulate two of our body, the gen- tape their loved ones, their father or this project. Unfortunately, he had a tleman from Wisconsin (Mr. KIND), a mother or grandparents, in regards to death in the family tonight, so he is their experience during these great Democrat, and the gentleman from not here to speak in person in favor of conflicts that shaped the 20th century. New York (Mr. HOUGHTON), a Repub- the bill. But I want to thank him for Earlier this year, in April, this Con- lican, two distinguished Representa- being the lead cosponsor on the Vet- gress declared the American GI as the tives in this body, who have joined to- erans Oral History Project. We have Person of the Century because of the gether to make sure that we remember worked together on several pieces of profound influence and impact they and that generations yet to come will good bipartisan legislation, and I am had on the course of human events in remember. pleased to have joined forces with him the 20th century. I do not think we can Mr. Speaker, I am pleased to ask yet again today. The gentleman from unanimous consent to yield the bal- honor them any better than by trying New York (Mr. HOUGHTON) himself is a to preserve their memories. ance of my time to the gentleman from veteran of the Second World War. He What I envision ultimately once this Wisconsin (Mr. KIND), a distinguished served as a private first class in the project gets established and imple- leader on this legislation, whose ef- United States Marine Corps; and, with mented is that children in the 22nd, forts, along with those of the gen- any luck, we are going to be able to en- 23rd, or even the 24th century, will be tleman from New York (Mr. HOUGH- courage him and the other veterans in able to access through the Internet the TON), have resulted in this being on the this place to also participate in this floor and on the front lobes of our videotaped statements of their great- important project. But it is going to brains tonight, and ask that he be al- great-great-grandfather or grand- require a collective effort to do so, and lowed to control this time. mother who served during the Second to do it well. The SPEAKER pro tempore (Mr. World War or Korean War or the Viet Mr. Speaker, I also want to thank PEASE). Is there objection to the re- Nam War or the Gulf War. What an in- the author Stephen Ambrose for the quest of the gentleman from Maryland? credibly powerful history lesson that support he has shown on the rec- There was no objection. would be, and for future historians ommendations that he has made in Mr. KIND. Mr. Speaker, I yield my- being able to research this part of his- support of the veterans oral history self such time as I may consume. tory by using firsthand accounts from project. Mr. Speaker, first of all I want to the videotape testimony we are going Mr. Speaker, I reserve the balance of thank my friend and colleague from to be able to collect and preserve for my time. Utah for agreeing to call up this legis- future generations. Mr. HANSEN. Mr. Speaker, I yield lation tonight and sticking around, The Library of Congress is uniquely myself such time as I may consume. even though we are approaching the de- situated to handle this project. They Mr. Speaker, I appreciate the re- bate hour in this town. But I also want have an American Folk Life Center marks of the gentleman from Maryland to thank the gentleman from Cali- which is already taking videotape tes- (Mr. HOYER) and the gentleman from fornia (Chairman THOMAS) and his ma- timony of community leaders across Wisconsin (Mr. KIND) on this very wor- jority staff of the Committee on House the country asking them how they thy piece of legislation. H8724 CONGRESSIONAL RECORD — HOUSE October 3, 2000 Mr. Speaker, I yield back the balance sacrifice, fear, humor, patriotism, comradeship, It is vitally important that we gather as many of my time. compassion . . . and of darker things and of their personal stories before they are lost to Mr. KIND. Mr. Speaker, I yield my- times, almost unspeakable thingsÐand how us forever. self such time as I may. ordinary Americans stood up to resist them. This legislation is a good first step toward Mr. Speaker, I also want to thank a Those are lessons we must impart to the meeting that goal. It will both help ensure that few other people who have been instru- next generation. Today, we are helping to see future generations remember the contributions mental in the creation of this legisla- that great purpose is served. of those who served in combat, as well as to tion. Senators MAX CLELAND and CHUCK Mrs. MCCARTHY of New York. Mr. Speak- preserve the triumphs of the citizen soldier HAGEL have introduced this bill on the er, I rise in support of Congressman KIND and over evil in America's 20th century conflicts. Senate side, and we are hoping towards Congressman HOUGHTON's bill that allows the I urge my colleagues to join in supporting the tail-end of their session we will be public to hear our history directly from the men this bill. able to bring this up under unanimous and women who fought to preserve it. Mr. Speaker, I have no further re- consent and see it moved through the America's war veterans will be offered the quests for time, and I yield back the United States Senate. They have been opportunity to share their experiences first- balance of my time. instrumental in being able to move hand by providing an oral history to the Library The SPEAKER pro tempore. The this on the Senate side. of Congress. question is on the motion offered by I also want to thank, in particular, Most of our history is found in books usually the gentleman from Utah (Mr. HANSEN) Steve Kelly and Winston Tabb at the written by those who witnessed or played an that the House suspend the rules and Library of Congress for providing in- active role in the events that made this coun- pass the bill, H.R. 5212, as amended. valuable assistance in the development try what it is today. The question was taken. of the project and for their enthusiasm Well, this legislation goes a step further and Mr. KIND. Mr. Speaker, on that I de- they have shown for this project. puts a face to the name by video-taping the mand the yeas and nays. I want to thank the Veterans of For- recollections of our veterans' time in service. The yeas and nays were ordered. eign Wars and the American Legion for But this bill actually does much more. It al- The SPEAKER pro tempore. Pursu- their support so far in what we antici- lows students, as well as the community, to ant to clause 8 of rule XX and the pate to be a great partnership with get involved and learn more about their local Chair’s prior announcement, further those key and important organizations. veterans. proceedings on this motion will be I also want to thank Jeff Mazur on To actually speak to a veteran who fought postponed. my staff, who has sat through count- for this country, and hear about the events f less numbers of meetings and countless first-hand is the best history lesson anyone GENERAL LEAVE number of drafts of this legislation in can receive. order to shape it and get it to a point On Long Island, we have thousands of vet- Mr. HANSEN. Mr. Speaker, I ask where we were successful in speaking erans who answered their country's call to unanimous consent that all Members to our colleagues and obtaining close duty and are proud to share their experiences may have 5 legislative days within to 250 original cosponsors for this legis- with today's youth. which to revise and extend their re- lation. As someone who lived through the Vietnam marks and add extraneous material on But, most of all, I want to thank the era, I remember what a difficult time it was for H.R. 5212, as amended. veterans of this Nation, those who I our country. The SPEAKER pro tempore. Is there personally spoke to and who inspired I remember watching many of our soldiers objection to the request of the gen- me and those who I am sure the rest of leaving to fight with the chance of not return- tleman from Utah? my colleagues have had an opportunity ing. Unfortunately, many did not. There was no objection. to meet with and talk to and listen to For those that made it home, this is an op- f them tell their stories. Without them, portunity to talk about the experiences and the RUSSIAN ANTI-SHIP MISSILE obviously, we would not be enjoying sacrifices they endured during this time and NONPROLIFERATION ACT OF 2000 the freedoms and the liberties that we share them with the country. Mr. ROHRABACHER. Mr. Speaker, I I'd like to commend Representative KIND enjoy today. Again, with their support move to suspend the rules and pass the and Representative HOUGHTON for taking the we can make this project what it was bill (H.R. 4022) regarding the sale and initiative in drafting this legislation and urge intended to be, a living legacy of their transfer of Moskit anti-ship missiles by my colleagues to support the measure. service to our country and a gift to fu- the Russian Federation. ture generations. Mr. GILMAN. Mr. Speaker, I rise today in The Clerk read as follows: Mr. HOUGHTON. Mr. Speaker, this is a strong support of H.R. 5212 the Veterans Oral H.R. 4022 solid, basic billÐwith a great purpose. History Project Act of 2000. I urge my col- It is to help honor and remember those leagues to lend this timely and important legis- Be it enacted by the Senate and House of Rep- resentatives of the United States of America in Americans who used solid, basic values to lation their support. Congress assembled, perform exceptionally and serve great pur- This bill would authorize a program within SECTION 1. SHORT TITLE. poses on behalf of our nation. the Library of Congress to supervise and facili- This Act may be cited as the ‘‘Russian Anti- Now veterans are modest people. They tate the collecting of personal histories and Ship Missile Nonproliferation Act of 2000’’. don't boast. They are matter-of-fact. They feel recollections of American combat veterans. SEC. 2. PURPOSE. they ``did their job''. But the fact is that they These personal histories will include both The purpose of this Act is to prohibit the for- did remarkable thingsÐthings that we must al- oral testimony recorded on video-tape, as well giveness or rescheduling of any bilateral debt ways remember. as written letters and testimonials from vet- owed by the Russian Federation to the United This project will see to that. How? erans. States until the Russian Federation has termi- Simply put, history often records the mo- As a World War II veteran, I am deeply nated all sales and transfers of Moskit anti-ship mentous events. But those momentous events aware of the importance of my generation re- missiles that endanger United States national security. are made up of countless individual storylines. cording its stories for those future generations yet unborn. SEC. 3. FINDINGS. Individual storylines that couldn't all fit into cur- The Congress makes the following findings: rent history books or TV documentariesÐsto- American veterans played a unique and de- (1) In February 2000, the first of two Russian- ries that need their own archive. This bill will fining role in shaping the events of the 20th built Sovremenny-class destroyers sold to the allow the Library of Congress to create such century. The American citizen soldier was re- People’s Republic of China arrived in the Tai- an archiveÐan archive of videotaped sponsible for defending the cause of freedom wan Strait, manned by a mixed Russian and testimonials of the veterans themselves, telling from German aggression in 1917, Nazi tyr- Chinese naval crew. Currently, the Russian and their own stories. anny and Japanese imperialism in 1942, and Chinese Governments are discussing the sale of If those stories are not told, recorded, stud- Communist invasion in 1950. 2 additional Sovremenny destroyers. (2) Within weeks after the arrival of the de- ied, preservedÐwe risk losing them, and all Today, many of these veterans are passing stroyers, the Russians are scheduled to transfer that they teach us. on. There are less than 3,500 World War I the first of several of the ship’s most lethal This project will seize the moment before veterans alive today, out of a fighting force of weapon, the radar-guided Moskit (also known usÐbefore too much time has gone byÐto go over 4.5 million. Moreover, almost 1,500 World as Sunburn) anti-ship missile, which can carry to our veterans and learn of duty, heroism, War II veterans die each day. either conventional or nuclear warheads. October 3, 2000 CONGRESSIONAL RECORD — HOUSE H8725 (3) The supersonic Moskit missile, which can sailed through the Taiwan Strait with sian leaders the choice of whether they be mounted on a naval or mobile land platform, a mixed Russian and Communist Chi- prefer selling these deadly weapon sys- was designed specifically to destroy American nese crew, and the ship sailed to its tems to the potential enemies of the aircraft carriers and other warships equipped new home in southeast China. United States, or whether they instead with advanced Aegis radar and battle manage- ment systems. The United States Navy considers The ship’s most lethal weapon was would prefer us to have bilateral debt the missile to be extremely difficult to defend the supersonic SSN–22 Moskit missile, restructuring and forgiveness, some- against. also known as the Sunburn missile, thing that would help them out. (4) The Moskit missile has an over-the-horizon which was developed by Russia during This choice makes sense, and it range of 65 miles and can deliver a 200-kiloton the Cold War to destroy U.S. aircraft makes sense for us to offer the Russian warhead in under 2 minutes. One conventional carriers and Aegis class warships. leadership this choice. Thousands of Moskit missile can sink a warship or disable an On his recent visit to Beijing, leaders lives of our brave men and women in aircraft carrier, causing the deaths of hundreds of the Chinese People’s Liberation uniform who are serving in the Asia- of American military personnel. (5) The Russian Federation is helping the air Armed Forces told Admiral Dennis Pacific Theater depend on our vote. force of the People’s Liberation Army to assem- Blair, Chief of U.S. Pacific Command, And why should we be restructuring ble Sukhoi Su–27 fighter aircraft, which are ca- that if U.S. aircraft carriers once again Russia’s debt, giving them the benefit pable of carrying an air-launched version of the sailed close to the Taiwan Strait, just of not having to pay the money that Moskit missile, which has a longer range than as they did during the cross-Strait ten- they owe, if they are going to use that the sea-launched version. The Russian Federa- sions of 1996, that the People’s Libera- economic largesse on our part to pro- tion is reportedly discussing the sale of air- tion Army would fight a battle ‘‘at any vide deadly weapons that are aimed at launched Moskit missiles to the People’s Repub- cost.’’ one purpose, and one purpose only, the lic of China. (6) Land-, sea-, or air-launched Moskit mis- b 2045 destruction of U.S. naval vessels and siles raise the potential for American casualties the killing of naval personnel, of U.S. and could affect the outcome in any future con- The Moskit missiles now allow the naval personnel. I urge my colleagues flict in the Taiwan Strait or South China Sea. Communist Chinese Navy to make such to support this resolution. The transfer of the missile by China to Iran or threats against the U.S. Navy’s most Mr. Speaker, I reserve the balance of other belligerent nations in the Persian Gulf re- powerful platforms, and they allow the my time. gion would increase the potential for conflict Communist Chinese to endanger the Mr. BROWN of Ohio. Mr. Speaker, I and for American casualties. A Moskit missile lives of thousands of American service yield myself such time as I may con- mounted on a mobile land platform would be personnel. The Moskit missiles, which sume. difficult to locate and could wreak havoc on the can be mounted on ships or on land- coastline of the Straits of Hormuz. Mr. Speaker, I rise in support of this based mobile platforms, can carry ei- legislation. Russian sales of Moskit SEC. 4. PROHIBITION OF DEBT FORGIVENESS. ther conventional or nuclear warheads. (a) PROHIBITION.—Notwithstanding any other antiship missiles to the PRC pose a provision of law, the President shall not re- A new version is being developed to be great threat to the security of Taiwan schedule or forgive any outstanding bilateral fired from jet fighters. It is the most and to our country. These missiles ar- debt owed to the United States by the Russian dangerous antiship missile, the Rus- rived in China at a time when the Federation, until the President certifies to the sians and now the Communist Chinese mainland has enormously increased the Congress that the Russian Federation has termi- have in their fleet. number of other types of missiles on nated all transfers of Moskit anti-ship missiles Our Navy admittedly has limited China’s coast facing Taiwan. that endanger United States national security, ability to defend itself against this 20 Taiwan is a vibrant democracy and a particularly transfers to the People’s Republic kilo-ton nuclear-capable weapon, a of China. key economic player in the Asia-Pa- (b) WAIVER.—The President may waive the payload, I might add, that surpasses cific region, and it is unacceptable that application of subsection (a) if the President de- the bomb that was dropped on Hiro- the PRC continues to boast to the termines and certifies to the Committee on Inter- shima during World War II, and they world about its missile threat to Tai- national Relations of the House of Representa- can hit an American target at a range wan and, by extension, of the United tives and the Committee on Foreign Relations of of up to 65 nautical miles. States. the Senate that such waiver is vital to the na- Each destroyer that the Russians are When this legislation was first tional security interest of the United States. transferring to the Communist Chinese marked up in our committee, we ex- SEC. 5. REPORTS ON THE TRANSFER BY RUSSIA carries 8 Moskit missiles. This arsenal pressed concerns that the bill did not OF MOSKIT MISSILES. could destroy an entire U.S. aircraft (a) IN GENERAL.—Not later than 30 days after give the President sufficient flexibility the date of the enactment of this Act and every carrier battle group, killing thousands to balance the national security impli- 6 months thereafter, until the certification of American service personnel. cations of this complicated situation. under section 4, the President shall submit to China is scheduled to receive at least On one hand, China’s possession of the Committee on International relations of the three more of these Sovremenny de- these missiles poses a danger to our House of Representatives and the Committee on stroyers at the end of 2001. The next de- Navy and the Taiwan Straits. On the Foreign Relations of the Senate a report identi- livery is scheduled during the end of other hand, Russia may need to seek a fying the status of any contract and the date of this year. Each ship will have a compo- comprehensive multilateral agreement the transfer of any version of the Moskit missile, nent of at least 18 of these deadly mis- particularly transfers to the People’s Republic to deal with its debt burden in the fu- of China, occurring on or after February 1, 2000. siles. ture, without which it may face the (b) SUBMISSION IN CLASSIFIED FORM.—Reports H.R. 4022 seeks to deter the Russians prospect of default to key western gov- submitted under subsection (a), or appropriate from transferring these missiles to the ernments. A Russian default could even parts thereof, may be submitted in classified Communist Chinese or any other na- force the Russians to sell more missiles form. tion or organization that would endan- to China and to other countries which The SPEAKER pro tempore. Pursu- ger U.S. naval vessels. The resolution obviously are of a concern to the ant to the rule, the gentleman from prohibits the rescheduling of any out- United States. California (Mr. ROHRABACHER) and the standing bilateral debt owed to the We must balance, Mr. Speaker, the gentleman from Ohio (Mr. BROWN) each United States by Russia, until the national security implications posed by will control 20 minutes. President of the United States certifies Russia’s missile sales to China with The Chair recognizes the gentleman that the Russian Federation has termi- those posed by a further destabilized from California (Mr. ROHRABACHER). nated all transfers of these deadly anti- economic situation in Russia. (Mr. ROHRABACHER asked and was ship missiles that would endanger not For this reason, the committee given permission to revise and extend only U.S. national security but the agreed to an amendment giving the his remarks.) lives of thousands upon thousands of President the national security inter- Mr. ROHRABACHER. Mr. Speaker, I our naval personnel. est waiver. This waiver allows the yield myself such time as I may con- Mr. Speaker, the resolution does not President the flexibility to protect ade- sume. affect U.S. support for reform and hu- quately U.S. national security inter- Mr. Speaker, in February 2000, just manitarian aid to Russia. It does not ests in this situation. the beginning of this year, a Russian- affect U.S. assistance to the Nunn- Mr. Speaker, it is hoped that the built Sovremenny class destroyer Lugar program. In fact, it gives Rus- President will not need to use this H8726 CONGRESSIONAL RECORD — HOUSE October 3, 2000 waiver. Russia should take a careful participation in appropriate international onstrating U.S. support for Taiwan and look at the strong support for this leg- organizations; a United States commitment to those islation in this House and decide the Whereas Public Law 106–137 required the people around the world who believe in continued sales of Moskit missiles to Secretary of State to submit a report to the democracy and freedom and liberty and Congress on administration efforts to sup- China are not in Russia’s interests. port Taiwan’s participation in international justice and have actually moved to Mr. Speaker, I urge my colleagues to organizations, in particular the World make sure their country, as Taiwan support the bill. Health Organization; and has done, enshrines those ideals. Mr. Speaker, I have no other requests Whereas in such report the Secretary of China’s continued harassment and in- for time, and I yield back the balance State failed to endorse Taiwan’s participa- timidation of Taiwan also underlines of my time. tion in international organizations and the urgency and necessity of Taiwan’s Mr. ROHRABACHER. Mr. Speaker, I thereby did not follow the spirit of the 1994 participation in the United Nations. Taiwan Policy Review: Now, therefore, be it yield back the balance of my time. Resolved by the House of Representatives (the Taiwan currently does not have access The SPEAKER pro tempore (Mr. Senate concurring), That it is the sense of the to the United Nations Security Coun- PEASE). The question is on the motion Congress that— cil, and the forum countries whose offered by the gentleman from Cali- (1) Taiwan and its 23,000,000 people deserve safety is in jeopardy and they must fornia (Mr. ROHRABACHER) that the appropriate meaningful participation in the turn to. Not only that, but after Tai- House suspend the rules and pass the United Nations and other international orga- wan has joined the United Nations’ re- bill, H.R. 4022, as amended. nizations such as the World Health Organiza- sponsibility for Taiwan safety and se- The question was taken; and (two- tion; and curity, it will be shifted solely to the (2) the United States should fulfill the thirds having voted in favor thereof) commitment it made in the 1994 Taiwan Pol- United States as laid down in the 1979 the rules were suspended and the bill, icy Review to more actively support Tai- Taiwan’s Relations Act to the inter- as amended, was passed. wan’s participation in appropriate inter- national community. A motion to reconsider was laid on national organizations. Mr. Speaker, I would ask my col- the table. The SPEAKER pro tempore. Pursu- leagues to support this legislation, and f ant to the rule, the gentleman from in doing so, strike a very solid note California (Mr. ROHRABACHER that can be heard around the world in GENERAL LEAVE ) and the gentleman from Ohio (Mr. BROWN) each the halls of the dictatorships in Beijing Mr. ROHRABACHER. Mr. Speaker, I will control 20 minutes. but also in the halls of democracy in ask unanimous consent that all Mem- The Chair recognizes the gentleman Taiwan and in those countries that are bers may have 5 legislative days within from California (Mr. ROHRABACHER). struggling to be free that shows the which to revise and extend their re- Mr. ROHRABACHER. Mr. Speaker, I United States is on the side of democ- marks on H.R. 4022, as amended. yield myself such time as I may con- racy and democratic people. The SPEAKER pro tempore. Is there sume. Mr. Speaker, I reserve the balance of objection to the request of the gen- Mr. Speaker, the people of Taiwan my time. tleman from California? have proved that freedom and democ- Mr. BROWN of Ohio. Mr. Speaker, I There was no objection. racy are not just American ideals, not yield myself such time as I may con- f just European ideals, they are the uni- sume. versal principles that apply to every Mr. Speaker, I rise in support of the EXPRESSING SENSE OF CONGRESS individual, to every community and resolution. Taiwan’s 40-year journey REGARDING TAIWAN’S PARTICI- every nation as our Founding Fathers toward democracy is one of the 20th PATION IN THE UNITED NATIONS stated, that we look at the rights as century’s great success stories. The Mr. ROHRABACHER. Mr. Speaker, I being God given to all people on this people of Taiwan have proved to the move to suspend the rules and agree to planet. whole world that freedom and democ- the concurrent resolution (H.Con.Res. The United States State Depart- racy are not just American ideals; they 390) expressing the sense of the Con- ment’s report on the Taiwan Policy Re- are universal principles that apply to gress regarding Taiwan’s participation view 1994 clearly stated that the U.S. every individual, to every community in the United Nations, as amended. should more actively support Taiwan’s and to every Nation. The Clerk read as follows: membership in international organiza- We must take steps to reward na- H. CON. RES. 390 tions, because Taiwan has lived up to tions like Taiwan that are making Whereas Taiwan has dramatically im- the ideals that we expect of democ- such great progress towards democ- proved its record on human rights and rou- racies. And President Clinton, however, racy. tinely holds free and fair elections in a has not used our influence in inter- Mr. Speaker, I dream of a day when multiparty system, as evidenced most re- national bodies to try to insist that Taiwan is a contributing member of cently by Taiwan’s second democratic presi- Taiwan be able to participate in these the World Trade Organization, the dential election of March 18, 2000, in which organizations. Congressional support World Health Organization and the Mr. Chen Shui-bian was elected as president; for Taiwan is solid. United Nations. I dream of a day when Whereas the 23,000,000 people on Taiwan Taiwan has made enormous strides the U.S. will replace its one China pol- are not represented in the United Nations and many other international organizations, towards becoming a full democracy, as icy with a policy of one China, one Tai- and their human rights as citizens of the I stated, and it is unreasonable for the wan, one Tibet. world are therefore severely abridged; people of Taiwan to be excluded from H.Con.Res. 390 recognizes that Tai- Whereas Taiwan has in recent years re- the full participation in international wan and its 23 million people deserve to peatedly expressed its strong desire to par- organizations due to threats from participate in the UN and other inter- ticipate in the United Nations and other mainland China. Unfortunately, what national organizations, such as the international organizations; we have today is a Communist dicta- World Health Organization. Whereas Taiwan has much to contribute to torship headed by gangsters who have The U.S. should fulfill its commit- the work and funding of the United Nations and other international organizations; never been elected to anything, who ment made in the 1994 Taiwan Policy Whereas the world community has reacted are making demands upon us to mis- Review to more actively support Tai- positively to Taiwan’s desire for inter- treat a democratically elected govern- wan’s membership in organizations national participation, as shown by Taiwan’s ment in Taiwan. such as the UN and the WHO. This leg- membership in the Asian Development Bank It is embarrassing that our adminis- islation has received broad bipartisan and Taiwan’s admission to the Asia-Pacific tration seems to be kowtowing to that support, 86 colleagues from both sides Economic Cooperation group as a full mem- type of pressure. The United States has of the aisle have cosponsored this bill. ber and to the World Trade Organization as supported Taiwan’s membership in the Taiwan’s growing regional and global an observer; Asian Development Bank and its ad- significance demands a more active Whereas the United States has supported Taiwan’s participation in these bodies and, mission to the Asian-Pacific Economic and thoughtful U.S. policy. Our ties in the Taiwan Policy Review of September Cooperation group. Extending United with Taiwan must encompass all as- 1994, declared an intention of a stronger and Nations and World Health Organization pects of Taiwan’s security, trade rela- more active policy of support for Taiwan’s membership is the next step in dem- tions and support for the right of self- October 3, 2000 CONGRESSIONAL RECORD — HOUSE H8727 determination for the people of Tai- in the United Nations, and we look at riculture, fisheries, livestock indus- wan. it and say what exactly do we want out tries, and so on. Mr. Speaker, I look forward to the of a country, what can we demand of It also has provided billions of U.S. day when the people of Taiwan replace these people that they are not deliv- dollars in disaster relief throughout their observance of 10–10 with Presi- ering? Why in the world would an orga- the world, including in China over the dent Lee’s July 9 call for state-to-state nization like the United Nations often past several years, and has responded relations with the People’s Republic of full of states that are actually con- to the United Nations appeals for emer- China. One day I hope July 9th will be trolled by another state, states that gency relief and rehabilitation assist- as important to the Taiwanese people are in constant disarray, where democ- ance to countries suffering from nat- as July 4th is to us. racy is not practiced, where human ural disasters and wars. Mr. Speaker, so much still remains rights are not practiced, and yet we let Currently, Taiwan contributes cap- to be done. If the U.S. believes so them in the United Nations and we will ital to regional development programs strongly in self determination and the not let Taiwan. What is it that is so in- throughout international financial in- freedom for all people, we must support timidating us and other nations of the stitutions, such as the Asian Develop- Taiwan in its struggle to become an world. ment Bank, the Central American independent democracy. The U.S. must Bank for Economic Integration, the b 2100 immediately abandon its misguided InterAmerican Development Bank, and one China policy. Mr. Speaker, I ask What is it that is so intimidating us the European Bank for Reconstruction support for the resolution. and other nations of the world? and Development. Mr. Speaker, I reserve the balance of Well, we have undergone a trans- Taiwan is fully committed to observ- my time. formation in our relationships with the ing the premise of the Universal Dec- Mr. ROHRABACHER. Mr. Speaker, I People’s Republic of China. It is clear, laration of Human Rights and to its in- ask unanimous consent to yield the as the world’s largest nation, that we tegration into international human balance of my time to the gentleman are going to continue to have some rights systems, spearheaded by the from Colorado (Mr. SCHAFFER) to con- sort of a relationship that we need to United Nations. trol the time. work through with this giant nation. It is for that reason, Mr. Speaker, The SPEAKER pro tempore. Is there But that does not give them the right that this resolution is here before us. objection to the request of the gen- to push around and deny the rights to Taiwan’s quest for self-determination tleman from California? others such as Taiwan. is something that the United States of There was no objection. I stand here tonight in strong sup- America has traditionally and consist- Mr. SCHAFFER. Mr. Speaker, I yield port of this resolution. ently supported. That support and that 2 minutes to the gentleman from Indi- Mr. SCHAFFER. Mr. Speaker, I yield goal of self-determination is critical as ana (Mr. SOUDER). myself such time as I may consume. the world watches a truly democratic Mr. SOUDER. Mr. Speaker, it is an Mr. Speaker, Taiwan has played a and economic success story unfolding honor to be here tonight to support my positive role in promoting world trade before our very eyes in Taiwan. friend, the gentleman from Colorado and eradicating poverty and in advanc- It is at this point in time that I urge (Mr. SCHAFFER), who has introduced ing human rights, a fact that merits my colleagues to adopt this resolution this important resolution and to the recognition by members of the United which I have introduced to once again gentleman from California (Mr. ROHR- Nations. restate our support and our commit- ABACHER), the gentleman from Ohio Taiwan has a population of 23 million ment to the progress of democracy, the (Mr. BROWN), champions of human and has a democratic system of govern- progress of free markets, the progress rights around the world. ment, but above all, it is a peace-loving of a pro-American attitude and senti- It is frustrating that we even have to nation which is able and willing to ment that we see in Taiwan today that debate a resolution like this, as to carry out the obligations contained in is important not only for freedom-lov- whether a free country, where they the charter of the United Nations. ing people in Taiwan, but also impor- have just proven the ultimate test to Today the people of Taiwan enjoy a tant for America’s’ national and stra- democracy, and that is can a long-time high degree of freedom and democracy. tegic interests, as well. power like in Taiwan and like in Mex- Taiwan held its first presidential elec- I might also add, Mr. Speaker, there ico, where parties were in power for so tion in March of 1996, the first time in are millions and millions of Taiwan many years we wondered whether it history that Taiwan elected its highest immigrants here in the United States was a real democracy. But in fact, they leader by a popular vote. whose dream for their homeland is the made it a peaceful transition. The In March of 2000, Mr. Chen Shui-bian kind of democracy and liberty which economy has not really changed. of the Democrat Progressive Party was they sought in coming to the United The basic institutions in the society elected in the second direct presi- States. It is a dream that is born by are sound like they are in America. dential election, marking the first ever the greatness of the United States, and And Taiwan is a model of what we change of political parties for the Tai- in this way, I think this Congress can should be looking at. If we look at wan presidency. play a tremendous role in helping not them, they have been successful in Since Mr. Chen’s inauguration on only Taiwanese Americans but also high tech. They are one of our major May 20 of this year, the people of Tai- certainly those who are fighting for trading partners, important in Indiana, wan have witnessed a peaceful transi- freedom and liberty and democracy in and important in the Midwest and im- tion of power as a result of a demo- Taiwan today have the greatest oppor- portant to all the United States of cratic election. tunity to secure their hopes and America. The second largest trading Taiwan is one of the most successful dreams for themselves and for the partner with Japan, in fact, a major in- examples of economic development in world. vestor in trade with mainland China. the 21st century, and is now the world’s Mr. Speaker, I reserve the balance of When we look at it, economically 19th largest economy in terms of gross my time. they are what we wanted. Politically national product, and the 14th most Mr. BROWN of Ohio. Mr. Speaker, I they have undergone a transformation important trading country where the have no further requests for time, and of power successfully without violence; United States is concerned. It is also a I yield back the balance of my time. that is what we ask of the world. They major investor in East Asia, and pos- GENERAL LEAVE have religious freedom in their country sesses the third largest amount of for- Mr. SCHAFFER. Mr. Speaker, I ask with diverse religions, without war- eign reserves in the world. unanimous consent that all Members ring, much of what we do not see from Taiwan is also a humanitarian-mind- may have 5 legislative days within other member states of the United Na- ed country. Over the years, it has sent which to revise and extend their re- tions. over 10,000 experts to train technicians marks on H. Con. Res. 390. They supported financially different all over the world, especially in coun- The SPEAKER pro tempore. Is there foreign aid projects such as in Kosovo, tries of Asia, the South Pacific, Latin objection to the request of the gen- even though they are not allowed to be America, and Africa to help develop ag- tleman from Colorado? H8728 CONGRESSIONAL RECORD — HOUSE October 3, 2000 There was no objection. tleman from Maryland (Mr. CARDIN) is MILLENDER-MCDONALD) is recognized Mr. SCHAFFER. Mr. Speaker, I have recognized for 5 minutes. for 5 minutes. no further requests for time, and I (Mr. CARDIN addressed the House. (Ms. MILLENDER-MCDONALD ad- yield back the balance of my time. His remarks will appear hereafter in dressed the House. Her remarks will The SPEAKER pro tempore. The the Extensions of Remarks.) appear hereafter in the Extensions of question is on the motion offered by f Remarks.) the gentleman from California (Mr. The SPEAKER pro tempore. Under a f ROHRABACHER) that the House suspend previous order of the House, the gen- the rules and agree to the concurrent THE STATE OF AMERICA’S tleman from California (Mr. CAMPBELL) resolution, H. Con. Res. 390, as amend- AGRICULTURAL ECONOMY is recognized for 5 minutes. ed. The SPEAKER pro tempore. Under (Mr. CAMPBELL addressed the The question was taken; and (two- the Speaker’s announced policy of Jan- House. His remarks will appear here- thirds having voted in favor thereof) uary 6, 1999, the gentleman from Iowa after in the Extensions of Remarks.) the rules were suspended and the con- (Mr. GANSKE) is recognized for 60 min- current resolution, as amended, was f utes as the designee of the majority agreed to. The SPEAKER pro tempore. Under a leader. The title was amended so as to read: previous order of the House, the gen- Mr. GANSKE. Mr. Speaker, I first Concurrent resolution expressing the sense tleman from Oregon (Mr. BLUMENAUER) want to thank the Speaker for the of the Congress regarding Taiwan’s partici- is recognized for 5 minutes. hours that he has spent in the chair for pation in the United Nations and other inter- (Mr. BLUMENAUER addressed the these special orders. The gentleman national organizations. House. His remarks will appear here- has gone above and beyond the call of A motion to reconsider was laid on after in the Extensions of Remarks.) duty to be present to enable Members the table. f to address the House for these special f The SPEAKER pro tempore. Under a orders, and I want to personally thank previous order of the House, the gen- the Chair. ELECTION OF MEMBERS TO CER- Mr. Speaker, my colleague, the gen- TAIN STANDING COMMITTEES OF tleman from Tennessee (Mr. DUNCAN) is tleman from Minnesota (Mr. GUT- THE HOUSE recognized for 5 minutes. (Mr. DUNCAN addressed the House. KNECHT), and I will be talking about an Mr. GUTKNECHT. Mr. Speaker, I His remarks will appear hereafter in important issue for the agricultural offer a resolution (H. Res. 608) and ask the Extensions of Remarks.) community. I rise today to address an unanimous consent for its immediate issue that should concern all Ameri- consideration. f cans, the state of our agricultural The Clerk read the resolution, as fol- The SPEAKER pro tempore. Under a economy. lows: previous order of the House, the gen- Our farmers and livestock producers H. RES. 608 tleman from New Jersey (Mr. PALLONE) are faced with another year of Resolved, That the following named Mem- is recognized for 5 minutes. daunting economic prospects. Just yes- bers be, and are hereby, elected to the fol- (Mr. PALLONE addressed the House. terday, Mr. Speaker, Agriculture Sec- lowing standing committees of the House of His remarks will appear hereafter in retary Glickman reported the U.S. had Representatives: the Extensions of Remarks.) distributed a record $28 billion in direct Committee on Transportation and Infra- f financial assistance to American farm- structure: Mr. Martinez of California; Committee on Armed Services: Mrs. Wil- The SPEAKER pro tempore. Under a ers and ranchers during fiscal year son of New Mexico. previous order of the House, the gen- 2000, $28 billion. This represents up to The SPEAKER pro tempore. Is there tleman from Pennsylvania (Mr. PETER- 50 percent of on-farm cash income. This objection to the request of the gen- SON) is recognized for 5 minutes. is significant and should open our eyes tleman from Minnesota? (Mr. PETERSON of Pennsylvania ad- to what is happening to American agri- There was no objection. dressed the House. His remarks will ap- culture. The resolution was agreed to. pear hereafter in the Extensions of Re- When I listen to farmers in my dis- A motion to reconsider was laid on marks.) trict, I hear several messages as they try to explain the causes of the eco- the table. f f nomic situation. Many say that we The SPEAKER pro tempore. Under a need to address the issue of additional SPECIAL ORDERS previous order of the House, the gen- export markets, and I fully agree, and tleman from California (Mr. FILNER) is The SPEAKER pro tempore (Mr. I applaud this Congress for passing recognized for 5 minutes. PEASE). Under the Speaker’s an- monumental trade legislation and (Mr. FILNER addressed the House. nounced policy of January 6, 1999, and opening the door to the potential rep- His remarks will appear hereafter in under a previous order of the House, resented by over 1 billion China citi- the Extensions of Remarks.) the following Members will be recog- zens when we passed in this Congress nized for 5 minutes each. f permanent normal trade relations with f The SPEAKER pro tempore. Under a China. But I also hear from my farmers The SPEAKER pro tempore. Under a previous order of the House, the gen- fears that they are being squeezed out previous order of the House, the gen- tleman from West Virginia (Mr. WISE) of business by large agricultural cor- tleman from Ohio (Mr. BROWN) is rec- is recognized for 5 minutes. porations. Over the past several years, ognized for 5 minutes. (Mr. WISE addressed the House. His we have watched as agribusiness after (Mr. BROWN of Ohio addressed the remarks will appear hereafter in the agribusiness has consolidated its oper- House. His remarks will appear here- Extensions of Remarks.) ations, merged with its competitors, after in the Extensions of Remarks.) f and created yet an even larger com- f The SPEAKER pro tempore. Under a pany, dramatically tilting the playing previous order of the House, the gen- The SPEAKER pro tempore. Under a field to the potential disadvantage of tleman from New York (Mr. ENGEL) is previous order of the House, the gen- the family farmer. tleman from Pennsylvania (Mr. GEKAS) recognized for 5 minutes. The meat industry may be the best is recognized for 5 minutes. (Mr. ENGEL addressed the House. His example of concentration run rampant, (Mr. GEKAS addressed the House. His remarks will appear hereafter in the with concentration and vertical inte- remarks will appear hereafter in the Extensions of Remarks.) gration in the packing industry mak- Extensions of Remarks.) f ing it difficult for small producers to f The SPEAKER pro tempore. Under a get a fair shake. The SPEAKER pro tempore. Under a previous order of the House, the gentle- In today’s livestock markets, four previous order of the House, the gen- woman from California (Ms. companies, four companies, slaughter October 3, 2000 CONGRESSIONAL RECORD — HOUSE H8729 80 percent of the Nation’s steers and tinues in its failed attempt to protect low the FTC and Department of Justice heifers. In 1998, four companies slaugh- the interest of small producers. The models and recommended several re- tered 56 percent of the Nation’s hogs, GAO found that GIPSA’s ability to in- forms that would greatly improve up from 32 percent in 1985. vestigate and enforce allegations of un- GIPSA’s ability to enforce the Packers Complicating matters further is the fair and anti-competitive practices was and Stockyards Act. At that time, like increased vertical integration of the insufficient because its investigations now, GIPSA agreed; but this new GAO industry. The most visible was the re- are lead by economists without the for- report shows that the reforms taken by cent merger of Smithfield Foods, one mal involvement of the USDA’s Office GIPSA in response to its office of In- of the largest packers and owners of of General Counsel. spector General’s recommendations are hogs, with Murphy Farms, perhaps its The GAO wrote, ‘‘As a result, a legal insufficient to properly enforce the greatest competitor in live hog produc- perspective that focuses on assessing law. tion. potential violations is generally ab- In addition, in 1991, the GAO rec- So what has this done to the mar- sent.’’ The GAO recommended that in- ommended USDA implement a more kets? Well, maybe it has negatively af- vestigation should be based upon the feasible approach for monitoring activ- fected competition. Maybe the in- model followed by the Department of ity in livestock markets. So we are creased concentration has reduced the Justice and the Federal Trade Commis- looking at an agency which was told 9 marketability of hogs and cattle raised sion. These agencies ‘‘emphasize estab- years ago it needed to improve its per- by independent producers in Iowa and lishing the theory of each case and the formance with respect to anticompeti- other States, like Minnesota. Maybe it elements that will prove a case. At tive activity in the livestock markets. has given these large agribusinesses an each stage of the investigation, there The agency was again told by its In- unfair competitive advantage and al- are reviews by senior officials who are spector General 3 years ago what spe- lowed them to manipulate prices, and attorneys and economists which focus cifically needed to be done to improve forced smaller companies out of busi- on developing sound cases.’’ its investigative procedures, and they ness. We just do not know. Under these procedures, violations of have not done so. Who will provide answers to these the Packers and Stockyards Act would Obviously, USDA needs some Con- questions? The farmers and livestock be much easier to identify. However, at gressional pressure to implement the producers in my district are looking GIPSA, legal reviews are generally not necessary reforms. That is why today I for help from their government, their performed until an investigation is joined the gentleman from Minnesota only available ally. Some advocate new completed. In fact, between 1994 and (Mr. Gutknecht), who is with me here laws to protect their interests, claim- 1996, only 4 of 84 investigations had tonight, and our colleagues in the Sen- ing the existing ones are not doing the been submitted to the general counsel ate, Senator GRASSLEY from Iowa and job. for review because investigations were But I am not sure that new laws are Senator GRAMS from Minnesota, in in- conducted by staff with inappropriate necessary. We already have some pret- troducing the Packers and Stockyards qualifications, inadequate input from ty strong laws on the books. The prob- Enforcement Improvement Act of 2000. attorneys, and apparent lack of co- This bill requires USDA to imple- lem is, this administration has not en- operation among GIPSA branches. ment within 1 year the recommenda- forced the laws that are already on the That, in my mind, is unacceptable. tions of the GAO to improve its inves- books. In addition to developing investiga- I think that increased concentration tigations into alleged anti-competitive tive procedures based on Department of in the agricultural markets has nega- activity. In addition, the bill requires Justice and FTC models, the GAO rec- tively affected competition and put USDA to develop and implement a ommends that the USDA, A, develop a farmers and producers in Iowa and else- training program for competition, in- teamwork approach for investigations where at a disadvantage. But in recent vestigations, and to provide an annual with GIPSA’s economists and USDA’s years, the USDA’s Grain Inspection report to Congress on the State of the attorneys working together to identify and Packers and Stockyard Adminis- cattle and hog industries, identifying violations of the law; B, determine the tration, known as GIPSA, has found business activities that represent pos- number of attorneys that are needed relatively few incidents of illegal busi- sible violations of the Packers and for USDA’s general counsel to partici- ness practices in livestock markets. Stockyards Act. This should provide some reassur- pate in and, where appropriate, lead Mr. Speaker, this is an important ance, should it not? Unfortunately, it GIPSA’s investigations; C, provide sen- issue. Farmers and producers rely on does not, because last month the Gen- ior GIPSA and general counsel officials the USDA to protect them from anti- eral Accounting Office released this re- to review the progress of investigations competitive practices. If GIPSA cannot port, ‘‘Packers and Stockyards Pro- at main decision points; and, D, ensure do this, who can they turn to? We grams, Actions Needed to Improve In- that legal specialists are used effec- should implement this bill this year. vestigations of Competitive Practices.’’ tively by providing them with leader- Our farmers deserve a department and In this report, the GAO says, ‘‘USDA ship and supervision by USDA’s attor- an agency which are properly prepared has authority under the Packers and neys and ensure that GIPSA has the to address their concerns. Stockyards Act which has been dele- economic talents that it needs. Mr. Speaker, I yield to the gentleman gated to the Grain Inspection and Mr. Speaker, the Department of Agri- from Minnesota (Mr. GUTKNECHT), a co- Packers and Stockyards Administra- culture accepts and agrees with the sponsor of this bill, and I want to ex- tion to initiate administrative actions GAO recommendations. In their offi- press my appreciation to him. to halt unfair and anticompetitive cial letter of comment, Undersecretary Mr. GUTKNECHT. Mr. Speaker, I practices by packers and livestock of Marketing and Regulatory Affairs, thank the gentleman from Iowa for marketing and meatpacking.’’ Michael Dunn, said, ‘‘Overall, GIPSA yielding to me. I thank him for this The authority is already there, but and the OGC concur with the rec- special order, and I thank him for this USDA, under this administration, has ommendations provided in this report. bill. not done its job. It is not that GIPSA The Department finds that GAO’s rec- I want to say a special thank you to does not investigate alleged anti- ommendations are within GIPSA’s ex- our colleagues in the Senate, particu- competitive behavior. It does. In fact, isting reorganization, reengineering, larly Senator GRASSLEY for his hearing between October, 1997, and December, training, and long-term planning and in September, on September 25, where 1999, it conducted 74 investigations. implementation strategies.’’ he highlighted this report. The problem is, GIPSA’s investigative But reform has not been coming from I want to point out to people who procedures are inadequate for deter- the agency. In 1997, GIPSA’s own In- may be watching who the General Ac- mining anti-competition investiga- spector General recommended similar counting Office is. The General Ac- tions. changes. That report highlighted the counting Office is basically our audi- importance of having attorneys par- tors; and many times, they file reports. b 2115 ticipate in GIPSA’s investigations. The We send them out to investigate dif- Despite repeated recommendations office of Inspector General rec- ferent agencies to find out if they are to improve its practices, GIPSA con- ommended then that GIPSA should fol- really doing their jobs. Altogether too H8730 CONGRESSIONAL RECORD — HOUSE October 3, 2000 often they do a beautiful job of coming It was Teddy Roosevelt who was be- other parts of the world. They have back with a report and recommenda- hind breaking up Standard Oil. Now we much better information. So, in effect, tions, and the reports wind up sitting see all those big oil companies coming they are going in and they are betting on some desk somewhere and gathering back together. against the house, and the house al- dust. Let us talk about concentration. ways wins. So I want to say a special thank you Mr. GANSKE. Mr. Speaker, reclaim- We are not saying that the packers to our colleagues over on the other ing my time for a moment, at the mo- or the stockyards are necessarily evil. body for at least saying this time we ment that we are speaking here on the But there is something wrong with the are going to do something about it, floor, there is a Presidential debate system where they have a lot more in- this time we really mean it. going on. I hope that one of the ques- formation, they know what the prices I want to talk a little bit about the tions that is asked Vice President are actually being paid, and the pro- Packers and Stockyards Act. It goes GORE and Governor Bush is what would ducers do not. back about 70 years, and it was de- be their position on antitrust. What we are saying is it is time for signed to protect individual producers. I, too, feel like I am a member of the the USDA to, at least, do what the It was not designed to protect the Teddy Roosevelt wing of the Repub- General Accounting Office is telling us packers and the stockyards. As the lican Party, a progressive wing that and what they have told us in the past gentleman from Iowa (Mr. GANSKE) felt that it was important for the little needs to be done to more aggressively mentioned, and I do not want to be- guy to have a chance to compete. enforce the act. come repetitive, but what we have seen To bring us back to this issue of Let me go back to this issue of con- in the last 10 years especially is a tre- meat packing, correct me if I am centration, because I want to share mendous change in what has happened wrong, but I believe the gentleman these numbers with the gentleman in the livestock industry. from Minnesota (Mr. GUTKNECHT) has from Iowa and some of the people who Frankly, from my perspective, and some personal experience in the busi- may be watching. listening to the gentleman from Iowa ness, does he not? Since 1993, which coincidentally was speak earlier, we came here together in Mr. GUTKNECHT. Mr. Speaker, my when Mr. GORE and Mr. Clinton came 1994, and I have always thought in experience, I think the gentleman from into office, since 1993, there have been many respects we both come from what Iowa is referring to, is that I am a li- in the United States 46,571 mergers in I thought was the Teddy Roosevelt censed and bonded auctioneer. Yes, I the United States that were approved wing of the Republican parties, wheth- can spit it out pretty fast. by the Department of Justice. Those er it is fighting for open markets and I would like to illustrate, 10 years deals totaled more than $5 trillion. more competition for prescription ago, about 80 percent of the livestock Now, that is just a big number to most drugs, which I think we are winning, in the United States was sold either in of us, but let us compare that to the and I am not so certain. We seem to be what we call a spot market or in some previous 8 years. During the previous 8 waging a war, not only against the kind of an auction format. That has years, there were only 19,518 mergers, pharmaceutical industry, but the FDA now changed that 80 percent of live- and they totaled a little more than $1 itself, and sometimes our own leader- stock today is sold under some kind of trillion in value. ship makes our job even more difficult. a contract. What we have seen in the last several But the important point is we under- Now, I am not totally opposed to con- years is just an enormous amount of stand that markets are more powerful tracts, but we have a number of prob- concentration, and we are seeing it than armies and that competition is lems with contracts. One is trans- particularly in agriculture, whether it good. parency. Many times one producer, is on the seed and fertilizer side of the I was reading about Teddy Roosevelt independent producers living right farmer’s ledger or whether it is on the this weekend; and the more one reads across the road from each other, both side of the ledger where he is selling about him, the more interesting he is. could have contracts with the same what he is producing, whether it is But he really and deeply and fiercely packer, and neither may know what grain, or whether it is livestock. believed that competition was a good the other’s contract really is. As an auctioneer, I know this. If you thing, that it brought out the best, Mr. GANSKE. Mr. Speaker, reclaim- have an auction and you only have two whether it was on the sporting fields or ing my time, many times, I think they bidders, you are not going to get as whether it was in business. He fought may have clauses in those contracts good a price as if you have five or six literally all of his life to make certain that say they are not supposed to di- bidders. that there was adequate competition in vulge the contents of that contract; is Now, we cannot always force the sit- every field. that not right? uation relative to how many people are What we have seen in the last several Mr. Speaker, I yield to the gentleman going to be in the meat packing busi- years are really disturbing trends. Let from Minnesota (Mr. GUTKNECHT). ness. Again, I am not saying they are me just share with the people who may Mr. GUTKNECHT. Mr. Speaker, that particularly evil, but I think there is a be watching this what has happened is correct. But the interesting thing is, system beginning to develop that looks relative to some of the large mergers. under the Packers and Stockyards Act, incredibly sinister to those inde- We have talked about this relative to as I understand it, actually the USDA pendent producers, and it looks an pharmaceutical industry. It was not has access to that information. Now, I awful lot like that there is potential that long ago we had, well, let us see, am not saying they ought to share the for manipulation of some of these there was Glaxo and there was information from one neighbor to the prices. Wellcome and Bristol-Myers. There other, but there ought to be a way that So all we are really saying is we do was Squibb. There were four separate they can share more information about not need to rewrite the Packers and companies. If they have their way, by what actually is going on in the mar- Stockyards Act. That is what this re- the end of this year, there will be one ketplace. Because as I have said, many port says. What we have to do is a bet- company. Now, all of those companies times our independent producers, our ter job of enforcing those laws. This is were big companies, and they had tre- farmers, it is like they go into the ca- true throughout so much of what we mendous market power, but imagine sino every day, and they make bets. do. what it is like now that there is one. They are betting against the big grain A lot of our more liberal friends says We have talked about the oil indus- companies, they are betting with the we need more laws, whether it is cam- try, the same thing. People sometimes big fertilizer companies, they are bet- paign finance laws or other laws. Some scratch their heads, and they wonder ting with the packers and the people of us say, yes, maybe we do need some why is it we seem to be at the mercy of who buy their products. changes in the law, but first and fore- the large oil companies. Well, at one The problem is the people that they most, let us enforce the laws that are time we had Exxon and Mobile, and one are dealing with have enormous on the books today. That is what this was a $55 billion company, and the amounts of information. They know audit says. That is what this bill says. other was a $43 billion company, and what is going on in China. They know In effect, this says to the USDA, this now they are one company. what deals they may have going on in time we really mean it. October 3, 2000 CONGRESSIONAL RECORD — HOUSE H8731 b 2130 Mr. GUTKNECHT. And I just want to these people who raise livestock, farm- Mr. GANSKE. Mr. Speaker, I appre- point out that one of the things that ers in general but livestock producers ciate the gentleman’s comments on the many times people inside the bureauc- in particular, these are the salt of the meat packing situation. In talking to racy will say is, well, we do not have earth people. The truth of the matter farmers across the Fourth Congres- enough staff or we do not have enough is they do not ask for much from gov- sional District in Iowa, they are very money. But the General Accounting Of- ernment. Matter of fact, if any of my frustrated. We in the State of Iowa fice does not say that in their report. colleagues were to go to the National have been trying to put together a deal We currently allocate 153 people and Cattlemen’s Association, if there is any which would create a new beef packing about $16 million, and over the last 2 group in America who says get the gov- plant in the State of Iowa. I do not years they have conducted a grand ernment out of our business, it is the know that there has been a modern total of 74 investigations. Nation’s cattlemen. I admire them so beef packing plant done in the United Now, I do not know how many is the much. States in the last 15 to 20 years. right number, whether it is staff or All they really ask for is a level play- It is clear that there are a number of whether it is the appropriation or how ing field and a set of rules that are fair reasons why there needs to be more many investigations that they should so that they have a chance to compete modern packing plants in terms of, I conduct, but I do know this; that there and take care of their families, perhaps think, the water quality issues and is enormous distrust out in farm coun- grow their farms and their ranches for things like that, but also packing fa- try among our independent producers their families and future generations. cilities that are at a reasonable dis- out there of the way this law is being They do not ask for much. And so I tance from the producer and an option enforced. There is a lot of concern. And think the very minimum that we can for them to use. There would be farm- I think the way to allay that concern do in this Congress is to make certain that we at least implement the rec- ers that would have cattle, producers is to make certain that at least the ommendations of our own General Ac- that would have an option then of recommendations of our own General counting Office. going to one of the established packers Accounting Office, as it relates to the or coming, for instance, to central So I congratulate the gentleman for investigative methodology that is used, bringing this bill forward. I congratu- Iowa. They would then be able to make is implemented, to make certain we that judgment based on some competi- late the Senate sponsors as well. Hope- get to the bottom of this. fully, we can get this bill passed, per- tion for the price between those two We cannot completely solve this cattle packers. That does not exist haps in the next 10 days. But I will problem of concentration. I think that promise the gentleman that if we do right now. is sort of a function of the way the As the gentleman has pointed out, not get it passed before we are able to economy seems to be moving today. On go home and this Congress adjourns, the number of mergers not just in this the other hand, I think we can do all industry but in the entire economy is we will be back next year and I will be within this law that is possible to prodding my colleagues on the Com- just accelerating beyond belief. And I make certain that if there is only am glad that the gentleman mentioned mittee on Agriculture, and I know the going to be four major packers that are the instance of the pharmaceuticals, gentleman will be prodding his col- involved in beef packing, that at least because we can talk about prescription leagues in the Committee on Com- there is adequate competition. drugs in a few minutes, but before we merce to make certain that we do fol- Personally, I would love to see mov- leave this issue of enforcement, I think low through on this and that some- ing back to more of an auction format. it is important to go over again what thing happens for these great people Frankly, I think that is the fairest way we are talking about, and that is that out there working their tails off every to sell almost anything. And I say that there already is what is called the day. Grain Inspection and Packers and as a licensed and bonded auctioneer. Mr. GANSKE. Well, Teddy Roosevelt Stockyards Administration. This ad- But the real key about the auction was was known as the trust buster, and ministration is charged with finding that a person could go to the auction what we were dealing with at that time out whether or not there are anti-com- ring and sit there and see what cattle was the big oil and the railroads. Prob- petitive practices. Unfortunately, as or hogs were actually selling for. If ably one of the great books in Amer- this GAO report has shown, and others they paid close enough attention, they ican literature on capitalism is a book in the past have shown, because of the could tell who was buying them; by the name of the ‘‘Octopus,’’ and I way the investigations are done by whether they were going to Armour or would encourage all our colleagues to GIPSA, they are not taking advantage Swift or Hormel, wherever they were read that book because that book dealt of counsel along the way that will help going. If someone paid attention, they with the iron grip that the railroads their inspectors determine whether in could know who was buying and how had over our agricultural communities fact anti-competitive behavior has oc- much was being paid. at that time. The average farmer there curred. In today’s market, that is next to im- was the victim of a monopoly most of There needs to be counsel giving ad- possible. They publish some prices in the time in those areas. Take it or vice on that. That is one of the rec- the paper, but, in fact, I have to tell leave it; this is our freight rate, and ommendations in this report. And it is my colleague that when we went they had no choice. It required the unfortunate that the USDA and GIPSA through that period when hogs dropped hand of government to come in and act has not followed the recommendations to $8 per hundred, the truth of the mat- as an equalizing force so that, in effect, of the report in the past. Nine years ter was that many of the hogs being competition could flourish and that we ago a similar report was made to this, slaughtered in our facilities in Iowa could see some justice in the economic and still nothing has happened. So that and Minnesota were not selling for $8 a markets. is the reason why the gentleman and I hog, they were selling for substantially I am afraid that we are heading, with have introduced our bill, and Senator more than that because they were on the continued concentration in the GRASSLEY and Senator GRAMS in the some form of contract. Even today, food industry, and particularly the Senate have introduced our bill, The when we look at the cash market, that meat packing industry, in that same Packer and Stockyards Enforcement may or may not be the price that hogs direction. I think it would be better to Improvement Act of 2000. are actually being sold for on that implement the current laws now effec- We are calling on our colleagues, given day. tively rather than at some time in the both Republicans and Democrats, par- The USDA has enormous power under future be faced with a more draconian ticularly in areas that are rural and the Packers and Stockyards Act, and type of legislation. And strange things where they have constituents who are what we are saying as part of this is can happen in a democracy. I think meat producers, to sign on to our bill. that they need to do a better job of that it would behoove the meat pack- As my colleague from Minnesota said, sharing the information they have with ing industry itself to have an interest this bill does not write new language in those independent producers. in the effective application by GIPSA terms of the law, it seeks to affect a And let me just say finally about the of the Packers and Stockyards Act. So more efficient and effective implemen- independent producers that anybody I thank my colleague for joining me on tation of the prior law. who has spent any amount of time with this issue. H8732 CONGRESSIONAL RECORD — HOUSE October 3, 2000 I think that we also could speak for I would be happy to yield to the gen- sive today, just wait till the govern- a few minutes on a very important tleman to give us an update on where ment provides them for free.’’ If we do issue to our constituents, and that is that bill is at this point in time. not solve this price side of this prob- the high cost of prescription drugs. Mr. GUTKNECHT. Well, the gen- lem, we will never be able to solve the This is an issue that is important not tleman has done a great job of setting coverage side. I support the coverage just for senior citizens but for everyone the stage. In this case, I should say Dr. side. I think it is time to have a benefit in the country. We are seeing health GANSKE. The gentleman probably un- as part of Medicare that includes pre- insurance premiums rise at 10, 11, 12 derstands this issue as well as anybody. scription drugs. I think that is the percent per year now, largely due to I sort of fell into it at some of my town right thing to do. But you will never the fact that prescription drug costs hall meetings. get there, you will never be able to af- are rising at 18 to 20 percent per year, Several years ago, seniors started to ford that benefit if we do not create and so employers are being hit with in- talk about bus trips to Canada to buy some competition in the United States creased costs of premiums and they are prescription drugs. And, to be honest, so that Americans have access to world passing part of that on to the employ- the first couple of times it came up, I market prices. It is the only area I ees, which is making health care much just sort of dismissed it. If people want know of where the world’s best cus- more expensive. to go to Canada, they can go to Can- tomers pay far and away the world’s We are seeing prescription drug ada. But then I began to learn that the highest prices. prices in this country at four times the FDA actually sent these threatening We are making progress. The Presi- cost for the same medicine than it letters to seniors if they attempted to dent has now embraced our bill. Con- would cost in Mexico; at twice the cost reorder. Generally speaking, they will gressional leaders on both sides have for the same medicine as someone can allow people to go across the border embraced our bill. But the FDA and get the medicine from Canada or the with a legal prescription and go into a the drug companies are not exactly em- European Union. pharmacy in Canada or Mexico, or, bracing our bill. As we speak, they are trying to throw more and more grit I got a letter from a constituent who frankly, around the rest of the world. into the gears to try and slow this said that he had been in a clinical trial But I want to take a moment to talk thing down. I do believe that ulti- for a new arthritis medicine. It worked about the differentials. Let us take one mately, because we are in the Informa- great. He was a volunteer at a hospital, drug. The purple pill; Prilosec. The av- tion Age, this is going to happen. You so he went to the hospital pharmacy erage price in the United States now is cannot hold back markets. Shortly where, with his volunteer discount, he about $139 for a 30-day supply. And one after the Soviet flag came down for the could get that pill for $2.50 per pill. He of the aspects of many of these drugs is last time over the Kremlin, a headline got on the Internet that night and he that once a patient begins to take was written and it was so powerful, be- found he would be able to get that pill these, they tend to be on them for very cause what it said was, markets are for about half price from Canada or Eu- long periods of time. more powerful than armies. If you rope, Geneva, Switzerland, and a quar- b 2145 think about it, the Soviet experiment ter price from Mexico. Prilosec is a wonderful drug. It is for was 70 years of the government trying And yet, if he does that, he is likely acid reflux disease and for ulcers. It is to hold back markets. It cannot be to get a threatening letter from the a wonderful drug. I really do not want done, particularly in the Information Food and Drug Administration saying to bash the makers of it. But the prob- Age. We are going to win this fight. We that he is breaking a law that was lem is this. In the United States that are going to see prescription drug passed in 1980 that prevents the re- 30-day supply is about $139 now. That prices in the United States come down importation of prescription drugs; same 30-day supply of exactly the same by at least 30 percent. And with those drugs that are made in this country, drug made in the same plant under the savings, and the estimates are next safely packaged in this country, and same FDA approval sells in Canada for year we are going to spend $150 billion sent overseas. In 1980, they passed a about $55. But in Mexico I am told you in this country on prescription drugs, a law that said we could not reimport can buy the same drug for $17.50. In Eu- 30 percent savings, I am not good in those drugs back into the United rope the average price is about $39. math but that works out to $45 billion States. I think Americans want to pay their in savings for American consumers. It was part of an FDA reform bill. It fair share. But what is really hap- With some of those savings we can was a small part, but Ronald Reagan, pening right now is the pharmaceutical begin to create a better safety net, a who was the President at that time, industry is shifting much of their cost better program, some kind of a benefit signed the bill in general but gave a for research and development and most that will take care of those seniors warning about that particular part. He of their profits are coming at the ex- that currently fall through the cracks. said he was really concerned about pense of American consumers. That is I want to thank the gentleman for all that special protection for the pharma- just wrong. When we talk about Teddy his help. It has been bipartisan. We ceutical industry, because he thought Roosevelt, we talk about competition have the gentleman from Vermont (Mr. that not allowing reimportation could and how competition makes things SANDERS), we have got a lot of Demo- result in the increase of prescription stronger. Competition in sports, com- crats who have joined us, the gen- drugs in the United States. And Ronald petition in business. What we are say- tleman from Maine (Mr. BALDACCI), Reagan was right, because we are now ing is you have got to have competi- lots of Democrats have helped us on seeing these high costs. tion in the drug industry. Right now this. It is not a partisan issue. I always The gentleman from Minnesota and I, they hide behind the protection of the tell people this is not a debate between and the gentlewoman from Missouri FDA. We are saying that that has to the right and the left. This is a debate (Mrs. EMERSON), and a couple of our stop. between right and wrong and it is other colleagues, the gentleman from I will give the gentleman one more wrong to make American consumers Oklahoma (Mr. COBURN), including example. My 83-year-old father, unlike pay the world’s highest prices. some of our colleagues on the Demo- some of the politicians’ stories, really Mr. GANSKE. I would point out that cratic side of the aisle, the gentleman does take Coumadin. It is a blood thin- on the House appropriations bill, we from Vermont (Mr. SANDERS) and the ner. The average price here in the have passed an amendment in a bipar- gentleman from Maine (Mr. BALDACCI) United States for a 30-day supply is tisan fashion, 375–12, to allow the re- and others, have worked hard to try to about $28. That same drug in Switzer- importation of prescription drugs back fix that law that was passed in 1980 so land sells for $2.85. The President and into the United States. And on the that we can reimport prescription the Vice President and a lot of people Senate side, the vote was about 75 for drugs. If we allowed drugs to come on both sides of the aisle say, ‘‘We’ve allowing reimportation. Here is where back into the United States at a lower got to have prescription drug coverage we are on the specifics of the legisla- cost, I guaranty the competition in the for seniors.’’ But one of the seniors at tion as I understand it today in talks market would lower the cost for every- my town hall meetings said it so well. that are ongoing with the White House one, not just for senior citizens. He said, ‘‘If you think drugs are expen- and between congressional leadership October 3, 2000 CONGRESSIONAL RECORD — HOUSE H8733 and, that is, that there is an issue on with me 100 percent, this should not be Britain or Geneva to the United States labeling. The prescription drug compa- just for wholesalers and retailers. This is just outrageous. That is not true. We nies want to try to get a provision into should be for individuals as well. And have the technology. this bill that would say that if the at a bare minimum we ought to delete Finally, let me say, how safe is safe? label is at all different, then you can- that law that says that the Customs The truth of the matter is, sometimes not bring the drug back in. Those la- Department and the Food and Drug Ad- people here in the United States get bels frequently will be written in the ministration can send threatening let- the wrong prescription, or even when foreign language of the country that ters to citizens from this country if they get the right prescription in the they are in, not necessarily the in- they would purchase prescription drugs right dosage, some people will have ad- structions inside the box, the instruc- overseas. verse reactions. The gentleman men- tions inside the box could easily be just Mr. GUTKNECHT. The gentleman is tioned our farmers. Every day hun- like the instructions inside the box of a exactly right. I think that it has to be dreds of thousands of pounds of food go DVD that you would buy. In other about allowing the local pharmacies across our borders with very, very lit- words, they would be written in and other groups to import, but most tle inspection by the Food and Drug English, German, Spanish, French, so importantly, if nothing else happens Administration. But somehow we have that you would have the same informa- this year, we ought to make it very to build a wall a mile high to keep out tion, but the drug companies are trying clear to the FDA that as long as it is pharmaceuticals. That is just not good to prevent the reimportation by saying an FDA-approved drug, made in an common sense. That is all we are really that if there is anything different on FDA-approved facility, they should asking for, is some competition and the label, then it cannot come back in. stop threatening American seniors for some common sense. We need to make sure that that type of trying to save a few bucks on prescrip- I do not like price controls. The way loophole is not allowed into it. tion drugs. It is immoral for them to to break the backs of price controls in Then the drug companies are looking send threatening letters to 87-year-old other parts of the world is open up the at ways where they can write contracts widows trying to save $15 on a prescrip- markets. But what will happen is with wholesalers and retailers over- tion or $20 or maybe $100, whatever it American consumers on a net basis will seas, restrictive contracts that would happens to be. For our own FDA to be see their costs go down while the rest say that they cannot send those drugs the bully in this whole debate, it seems of the world starts to pay their fair back into the United States. That to me is outrageous. Now, if it is an il- share. would be totally gutting the bill if they legal drug, then absolutely it ought to Mr. GANSKE. I think that this is a were allowed to do that. We cannot be stopped at the border. But if it very important issue. There are com- allow the pharmaceutical companies to clearly is an FDA-approved drug made peting plans for more comprehensive put a provision into a bill saying that in an FDA-approved facility, for them pharmaceutical benefits in Medicare. they can write contracts that would be to be allowed to send threatening let- They are caught up right now in presi- exclusive contracts and not allow for ters to our seniors ought to stop and it dential politics as well as partisan poli- the reimportation. ought to stop the day the President tics with the elections coming up. But On the safety issue, honestly I be- signs that bill. I feel very strongly this is something that we have been lieve that prescription drugs that are about this. Yes, we want to do it for ev- able to already vote on in both the made in the United States, shipped erybody. House and in the Senate in a very bi- overseas, can safely be reimported. The Let me come back just real briefly to partisan manner. Would this solve the Secretary of Health and Human Serv- the whole issue of safety. One of the ar- total problem? No. But it would be an ices Donna Shalala says that we think guments and we have seen ads, in fact important step forward. I do think that that the FDA can monitor the safety of I think the pharmaceutical industry it would result in more competitive drugs coming back into the United spent something like $400 million this and lower priced prescription drugs in States. Just give us about $24 million year lobbying and advertising on this this country. It would take a little more to beef up our inspection service issue, it is the Henny Penny, the sky while for the implementation of the in the FDA and we think we can do it will fall. People just have to think rules that the FDA would make in safely and effectively. $24 million is a what we can do today with today’s terms of being able to inspect periodi- drop in the bucket compared to the bil- technology. There is a software com- cally reimported drugs. So I do not lions of dollars that consumers in this pany in Minneapolis that was one of think it would be an immediate ben- country would save by having in- the people who developed the bar cod- efit. We might not see it in the first 6 creased competition. ing technology that is now being used months or maybe even year after the I just have to reinforce what my col- in almost every hospital, where they implementation, but very shortly I league has said. We are talking about bar code the pharmaceuticals and they think it could be implemented. And I increased competition. We are not put a bar-coded bracelet on everybody. think that the administration has talking about price controls. We are They know exactly when you got your come to the conclusion that this can be talking about really letting the market Prilosec or whatever drug was given to done safely, too. Otherwise, Secretary work, whereas right now there is a spe- you. That technology is there today, Shalala would not have said we think cial protection for those products that could be modified and we can make that with some small amount of addi- almost no other industry has. Do our certain that every product that comes tional funding for the FDA, we can ade- farmers have that kind of protection? off the line, whether the plant is in quately protect American consumers We are dealing with a global market. Switzerland or Indianapolis, that that on the reimportation of drugs. Our farmers when they sell their corn is in fact what it says and that it was I would point out that as the gen- and beans, that sale price is deter- made on such and such a date at such tleman already has that food passes mined by how many acres are planted and such a time, we can check that in- back and forth across our borders rath- in Brazil. They are dealing with a glob- stantly with today’s technology. Not er freely. It is inspected periodically. al market. So are our appliance mak- only that, we have got tamperproof But there are pathogens that can ap- ers. So is our entire economy if we are containers today that we did not have pear on food that can be life-threat- selling financial services. It is a global in 1980. Finally, we can bar code boxes. ening, too. Yet we do not say that market. There is no reason why one in- I do not know when the last time you there can be no international trade on dustry should have such a special pro- got a package from Fed Ex or UPS or food. And so this is something that we tection when we can safely and effec- the post office but almost all of them ought to get done before we finish up. tively administer the reimportation. now have bar coding technology. They I truly encourage our leadership and Finally, I just want to point out, the know where that package is almost at the administration to work together in negotiations with the White House are any moment from the time you deliver good faith and not to be unduly swayed primarily going on about whether to it to the parcel delivery service to the by attempts by the pharmaceutical in- allow wholesalers and retailers to re- time it is electronically signed for. The dustry to put in provisions that would import prescription drugs. I think the idea that we cannot protect this com- in essence continue this practice of gentleman from Minnesota would agree modity when it is going from Great protectionism. H8734 CONGRESSIONAL RECORD — HOUSE October 3, 2000 Mr. GUTKNECHT. I would just thank Mr. FILNER, for 5 minutes, today. 10423. A letter from the Assistant Sec- the gentleman again for this special Mr. WISE, for 5 minutes, today. retary for Legislative Affairs, Department of order. If I could just say that the two Mr. ENGEL, for 5 minutes, today. State, transmitting certification of a pro- posed transfer of major defense equipment of us came in 1994 and hopefully, with Ms. MILLENDER-MCDONALD, for 5 min- from the Government of Israel [Transmittal the blessing of our voters in our dis- utes, today. RSAT–2–00], pursuant to 22 U.S.C. 2776(d); to trict, we are going to be back next year (The following Members (at the re- the Committee on International Relations. to continue to fight in that Teddy Roo- quest of Mr. GUTKNECHT) to revise and 10424. A letter from the Assistant Sec- sevelt tradition, to create more com- extend their remarks and include ex- retary for Legislative Affairs, Department of petition, whether it is in the pharma- traneous material:) State, transmitting certification of a pro- ceutical industry, whether it is with Mr. SIMPSON, for 5 minutes, October posed license for the export of defense arti- packers and stockyards, because at the 5. cles or defense services sold commercially under a contract to South Korea [Trans- end of the day one of the rules of the Mr. PETERSON of Pennsylvania, for 5 mittal No. DTC 130–00], pursuant to 22 U.S.C. Federal Government is to ensure that minutes, today. 2776(c); to the Committee on International there will be adequate competition, Mr. BILIRAKIS, for 5 minutes, October Relations. that there will be a level playing field, 10. 10425. A letter from the Assistant Sec- and that everybody has a chance to f retary for Legislative Affairs, Department of succeed in this marketplace. State, transmitting a notice, in accordance ENROLLED BILLS SIGNED with Section 42(b) of the Arms Export Con- b 1000 Mr. THOMAS, from the Committee trol Act, that the Government of Egypt has So we are going to be back next year, on House Administration, reported requested that the United States Govern- regardless of what happens on either of ment permit the use of Foreign Military Fi- that that committee had examined and nancing for the sale and limited coproduc- these issues. We are going to continue found truly enrolled bills of the House tion of 13 M88A2 tank recovery vehicle kits; to press the envelope, and the spirit of of the following titles, which were to the Committee on International Rela- Teddy Roosevelt is still alive and well thereupon signed by the Speaker. tions. here in Washington. H.R. 3363. For the relief of Akal Security, 10426. A letter from the Assistant Sec- f Incorporated. retary for Legislative Affairs, Department of H.R. 4115. To authorize appropriations for State, transmitting the Department’s final RECESS the United States Holocaust memorial mu- rule—Passport Procedures—Amendment to requirements for executing a passport appli- The SPEAKER pro tempore (Mr. seum, and for other purposes. H.R. 4733. Making appropriations for en- cation on behalf of a minor—received Octo- PEASE). Pursuant to clause 12 of rule I, ergy and water development for the fiscal ber 2, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); the Chair declares the House in recess, year ending September 30, 2001, and for other to the Committee on International Rela- subject to the call of the Chair. purposes. tions. Accordingly (at 10 p.m.) the House H.R. 4931. To provide for the training or 10427. A letter from the Chairman, Federal stood in recess, subject to the call of orientation or individuals, during a Presi- Maritime Commission, transmitting a Stra- the Chair. dential transition, who the President intends tegic Plan covering the program activities through fiscal year 2005; to the Committee f to appoint to certain key positions, to pro- vide for a study and report on improving the on Government Reform. b 2317 financial disclosure process for certain Presi- 10428. A letter from the Administrator, Na- dential nominees, and for other purposes. tional Aeronautics and Space Administra- AFTER RECESS H.R. 5193. To amend the National Housing tion, transmitting the NASA 2000 Strategic Act to temporarily extend the applicability Plan (Enclosure 1); to the Committee on The recess having expired, the House Government Reform. was called to order by the Speaker pro of the downpayment simplification provi- sions for the PHA single family housing 10429. A letter from the Chairman, Nuclear tempore (Mr. DREIER) at 11 o’clock and mortgage insurance program. Regulatory Commission, transmitting the 17 minutes p.m. Commission’s Strategic Plan for Fiscal f f Years 2000 through 2005; to the Committee on SENATE ENROLLED BILLS SIGNED Government Reform. REPORT ON RESOLUTION PRO- 10430. A letter from the Director, Office of VIDING FOR CONSIDERATION OF The SPEAKER announced his signa- Federal Housing Enterprise Oversight, trans- H.R. 4828, STEENS MOUNTAIN ture to enrolled bills of the Senate of mitting the Strategic Plan for Fiscal Year WILDERNESS ACT OF 2000 the following titles: 2000–2005; to the Committee on Government S. 704. An act to amend title 18, United Reform. Mrs. MYRICK, from the Committee States Code, to combat the overutilization of 10431. A letter from the Acting Director, on Rules, submitted a privileged report prison health care services and control rising Office of Government Ethics, transmitting (Rept. No. 106–930) on the resolution (H. prisoner health care costs. the Strategic Plan for Fiscal Years 2001–2006; Res. 609) providing for consideration of S. 179. An act to designate the Federal to the Committee on Government Reform. courthouse at 145 East Simpson Avenue in 10432. A letter from the Board Members, the bill (H.R. 4828) to designate wilder- Railroad Retirement Board, transmitting ness areas and a cooperative manage- Jackson, Wyoming, as the ‘‘Clifford P. Han- sen Federal Courthouse’’. the Board’s Strategic Plan for 2000 through ment and protection area in the vicin- 2005; to the Committee on Government Re- f ity of Steens Mountain in Harney form. County, Oregon, and for other pur- ADJOURNMENT 10433. A letter from the Secretary of poses, which was referred to the House Health and Human Services, transmitting Mrs. MYRICK. Mr. Speaker, I move Calendar and ordered to be printed. the Department’s Strategic Plan for Fiscal that the House do now adjourn. Years 2001 through 2006; to the Committee on f The motion was agreed to; accord- Government Reform. SPECIAL ORDERS GRANTED ingly (at 11 o’clock and 18 minutes 10434. A letter from the Secretary of Trans- p.m.), the House adjourned until to- portation, transmitting the Department’s By unanimous consent, permission to morrow, Wednesday, October 4, 2000, at Strategic Plan for Fiscal Years 2000 through address the House, following the legis- 10 a.m. 2005; to the Committee on Government Re- lative program and any special orders form. f heretofore entered, was granted to: 10435. A letter from the Assistant Attorney (The following Members (at the re- EXECUTIVE COMMUNICATIONS, General, Office of Justice Programs, trans- mitting the annual report of the Office of quest of Mr. BROWN of Ohio) to revise ETC. Justice Programs, Fiscal Year 1999, pursuant and extend their remarks and include Under clause 8 of rule XII, executive to 42 U.S.C. 3712(b); to the Committee on the extraneous material:) communications were taken from the Judiciary. Mr. BROWN of Ohio, for 5 minutes, Speaker’s table and referred as follows: f today. 10422. A letter from the Chairman, Federal Mr. CARDIN, for 5 minutes, today. REPORTS OF COMMITTEES ON Deposit Insurance Corporation, transmitting PUBLIC BILLS AND RESOLUTIONS Mr. BLUMENAUER, for 5 minutes, the Annual Report for the calendar year 1999; today. to the Committee on Banking and Financial Under clause 2 of rule XIII, reports of Mr. PALLONE, for 5 minutes, today. Services. committees were delivered to the Clerk October 3, 2000 CONGRESSIONAL RECORD — HOUSE H8735 for printing and reference to the proper visions as fall within the jurisdiction of the By Mr. SMITH of Michigan: calendar, as follows: committee concerned. H.R. 5372. A bill to amend the Agricultural By Mr. OBERSTAR (for himself, Mr. Marketing Act of 1946 to enhance dairy mar- Mr. BLILEY: Committee on Commerce. DINGELL, Mr. INSLEE, Mr. UDALL of kets through dairy product mandatory re- H.R. 3850. A bill to amend the Communica- New Mexico, Mr. PASCRELL, Mr. porting, and for other purposes; to the Com- tions Act of 1934 to promote deployment of LEWIS of Georgia, Mr. PALLONE, Mr. mittee on Agriculture. advanced services and foster the develop- SMITH of Washington, and Mr. By Mr. TANCREDO (for himself, Mr. ment of competition for the benefit of con- TIERNEY): JONES of North Carolina, and Mr. sumers in all regions of the nation by reliev- H.R. 5361. A bill to amend title 49, United MCCOLLUM): ing unnecessary burdens on the Nation’s two States Code, to require periodic inspections H.R. 5373. A bill to guarantee the right of percent local exchange telecommunications of pipelines and improve the safety of our individuals to receive Social Security bene- carriers, and for other purposes, with an Nation’s pipeline system; to the Committee fits under title II of the Social Security Act amendment (Rept. 106–926). Referred to the on Transportation and Infrastructure, and in in full with an accurate annual cost-of-living Committee of the Whole House on the State addition to the Committee on Commerce, for adjustment; to the Committee on Ways and of the Union. a period to be subsequently determined by Mr. GEKAS: Committee on the Judiciary. Means. the Speaker, in each case for consideration H.R. 1293. A bill to amend title 46, United By Mr. UDALL of New Mexico: of such provisions as fall within the jurisdic- States Code, to provide equitable treatment H.R. 5374. A bill to settle the land claims of tion of the committee concerned. with respect to State and local income taxes the Pueblo of Santo Domingo; to the Com- By Mr. DREIER (for himself and Mr. for certain individuals who perform duties on mittee on Resources. MOAKLEY): By Mr. WALSH (for himself, Mr. BOEH- vessels (Rept. 106–927, Pt. 1). Referred to the H.R. 5362. A bill to increase the amount of Committee of the Whole House on the State LERT, Mr. GILMAN, Mr. REYNOLDS, Mr. fees charged to employers who are peti- QUINN, Mr. LAZIO, Mr. HOUGHTON, Mr. of the Union. tioners for the employment of H–1B non-im- Mr. YOUNG of Alaska: Committee on Re- MCHUGH, and Mr. SWEENEY): migrant workers, and for other purposes; to sources. H.R. 4721. A bill to provide for all H.R. 5375. A bill to establish the Erie the Committee on the Judiciary. right, title, and interest in and to certain Canalway National Heritage Corridor in the By Mr. GILMAN: State of New York, and for other purposes; property in Washington County, Utah, to be H.R. 5363. A bill to provide for the review vested in the United States; with an amend- to the Committee on Resources. by Congress of proposed construction of By Mr. BORSKI (for himself, Mr. LIPIN- ment (Rept. 106–928). Referred to the Com- court facilities; to the Committee on Trans- mittee of the Whole House on the State of SKI, Mr. BRADY of Pennsylvania, Ms. portation and Infrastructure. MILLENDER-MCDONALD, Ms. KAPTUR, the Union. By Mr. BERMAN (for himself and Mr. Mr. YOUNG of Alaska: Committee on Re- Mr. MCGOVERN, Mr. BROWN of Ohio, BOUCHER): Mr. KLECZKA, Mr. DINGELL, Mr. sources. H.R. 4828. A bill to designate wilder- H.R. 5364. A bill to amend title 35, United ness areas and a cooperative management GEJDENSON, Mr. QUINN, Mr. HOYER, States Code, to provide for improvements in Mr. SMITH of New Jersey, Mr. KAN- and protection area in the vicinity of Steens the quality of patents on certain inventions; Mountain in Harney County, Oregon, and for JORSKI, Mr. SAXTON, Mr. FROST, Mr. to the Committee on the Judiciary. ROHRABACHER, Mr. KLINK, Mr. other purposes; with an amendment (Rept. By Mr. COX (for himself, Mr. BLILEY, 106–929, Pt. 1). ENGLISH, Mr. MURTHA, Mr. HOLDEN, Mr. TAUZIN, Mr. DREIER, Mr. DAVIS of Mr. FATTAH, Mr. DOYLE, Mr. Mrs. MYRICK: Committee on Rules. House Virginia, Mr. GOODLATTE, Mr. Resolution 609. Resolution providing for con- MCDERMOTT, Mr. MASCARA, Mr. WELLER, Mr. DOOLEY of California, PALLONE, Mr. LARSON, Mr. PASCRELL, sideration of the bill (H.R. 4828) to designate Ms. ESHOO, Mr. MORAN of Virginia, wilderness areas and a cooperative manage- Mr. HOEFFEL, Mr. STUPAK, and Mr. Mr. SMITH of Washington, Mr. CROW- KUCINICH): ment and protection area in the vicinity of LEY, and Mr. GONZALEZ): Steens Mountain in Harney County, Oregon, H. Con. Res. 416. Concurrent resolution rec- H.R. 5365. A bill to impose a temporary ognizing the historical significance of the and for other purposes (Rept. 106–930). Re- moratorium on the elimination of the exist- ferred to the House Calendar. 20th anniversary of the workers’ strikes in ing ‘‘pooling of interests’’ method of ac- Poland that led to the creation of the inde- DISCHARGE OF COMMITTEE counting for business mergers and acquisi- pendent trade union Solidarnosc, and for Pursuant to clause 5 of rule X the tions, and for other purposes; to the Com- other purposes; to the Committee on Inter- Committee on Transportation and In- mittee on Commerce. national Relations. frastructure discharged. H.R. 1293 re- By Mr. DINGELL: By Mr. ROHRABACHER (for himself, H.R. 5366. A bill to abolish the Council on Mr. LANTOS, Mr. BURTON of Indiana, ferred to the Committee of the Whole Environmental Quality; to the Committee on and Mr. FALEOMAVAEGA): House on the State of the Union. Resources. Pursuant to clause 5 of rule X the H. Res. 606. A resolution calling upon the By Mr. GANSKE (for himself and Mr. President to provide for the appropriate Committee on Agriculture discharged. UTKNECHT): G training of Foreign Service officers and H.R. 5367. A bill to require the implementa- H.R. 4828 referred to the Committee of other executive branch personnel in the pri- tion of the recommendations of the General the Whole House on the State of the macy of democratic values and internation- Accounting Office on improving the adminis- Union and ordered to be printed. ally-recognized human rights; to the Com- tration of the Packers and Stockyards Act, Pursuant to clause 5 of rule X the fol- mittee on International Relations. 1921, by the Department of Agriculture; to By Mr. SHUSTER: lowing action was taken by the Speak- the Committee on Agriculture. H. Res. 607. A resolution providing for the er: By Mr. NEY: concurrence by the House with an amend- H.R. 1293. Referral to the Committee on H.R. 5368. A bill to extend the deadline for ment in the Senate amendment to H.R. 707; Transportation and Infrastructure extended commencement of construction of a hydro- considered and agreed to. for a period ending not later than October 3, electric project in the State of Ohio; to the By Mr. GUTKNECHT: 2000. Committee on Commerce. H. Res. 608. A resolution designating ma- H.R. 4828. Referral to the Committee on By Ms. PRYCE of Ohio (for herself, Mr. jority membership on certain standing com- Agriculture extended for a period ending not HYDE, Mr. CAMP, Mrs. JOHNSON of mittees of the House; considered and agreed later than October 3, 2000. Connecticut, and Mr. EWING): to. f H.R. 5369. A bill to improve the administra- tive efficiency and effectiveness of the Na- f PUBLIC BILLS AND RESOLUTIONS tion’s abuse and neglect courts and for other PRIVATE BILLS AND Under clause 2 of rule XII, public purposes consistent with the Adoption and RESOLUTIONS bills and resolutions were introduced Safe Families Act of 1997; to the Committee on the Judiciary. Under clause 3 of rule XII, and severally referred, as follows: By Mr. RADANOVICH: By Mr. POMBO (for himself and Mr. H.R. 5370. A bill to authorize the President Mr. BARR of Georgia introduced A bill LANTOS): to award a gold medal on behalf of the Con- (H.R. 5376) for the relief of Sandra J. Pilot; H.R. 5360. A bill to direct the Secretary of gress to Peter F. Drucker, the father of mod- which was referred to the Committee on the Agriculture to conduct a comprehensive ern management, in recognition of his ac- Judiciary. evaluation of, and make necessary rec- complishments as a journalist, a writer, an f ommendations to Congress regarding, Fed- economist, and a philosopher; to the Com- eral and State laws that regulate private mittee on Banking and Financial Services. ADDITIONAL SPONSORS ownership of exotic wild animals; to the By Mr. SCHAFFER: Under clause 7 of rule XII, sponsors Committee on Agriculture, and in addition H.R. 5371. A bill to authorize the Secretary to the Committee on Resources, for a period of the Interior to establish the Sand Creek were added to public bills and resolu- to be subsequently determined by the Speak- Massacre National Historic Site in the State tions as follows: er, in each case for consideration of such pro- of Colorado; to the Committee on Resources. H.R. 49: Mr. STRICKLAND. H8736 CONGRESSIONAL RECORD — HOUSE October 3, 2000

H.R. 71: Mr. WALDEN of Oregon. H.R. 5180: Mr. DOYLE, Mr. KUYKENDALL, and (9) To establish a citizens’ management ad- H.R. 82: Mr. MANZULLO. Mr. GOODE. visory council for the Cooperative Manage- H.R. 284: Mr. WALSH and Mr. GEKAS. H.R. 5212: Mrs. MYRICK, Mr. LIPINSKI, Mr. ment and Protection Area. H.R. 303: Mr. GREENWOOD. STEARNS, Mr. MCHUGH, and Mr. GIBBONS. (10) To maintain and enhance cooperative H.R. 632: Mr. COX. H.R. 5236: Mr. RODRIGUEZ. and innovative management practices be- H.R. 700: Mr. WALDEN of Oregon. H.R. 5237: Mr. RODRIGUEZ. tween the public and private land managers H.R. 842: Mr. CHABOT, Mr. RAHALL, Mr. H.R. 5242: Mrs. LOWEY, Mr. FOSSELLA, Mr. in the Cooperative Management and Protec- WISE, and Mr. KUCINICH. ACKERMAN, Mr. MEEKS of New York, Mr. tion Area. H.R. 1071: Mr. HOLT, Ms. SLAUGHTER, and CROWLEY, and Ms. SLAUGHTER. (11) To promote viable and sustainable Mr. PICKETT. H.R. 5262: Ms. LOFGREN and Mr. FROST. grazing and recreation operations on private H.R. 1182: Mr. GREEN of Wisconsin. H.R. 5265: Mr. HEFLEY. and public lands. H.R. 1196: Mr. MOAKLEY. H.R. 5268: Mr. FILNER, Mr. KINGSTON, Mr. (12) To conserve, protect, and manage for H.R. 1303: Mr. BEREUTER, and Mr. SAXTON. DAVIS of Illinois, and Mr. SISISKY. healthy watersheds and the long-term eco- H.R. 1422: Mr. CLEMENT. H.R. 5271: Mr. HOLDEN, Mr. LIPINSKI, Mr. logical integrity of Steens Mountain. H.R. 1560: Mr. CRANE. RANGEL, Mr. KUCINICH, and Mr. MASCARA. (13) To authorize only such uses on Federal H.R. 5275: Mr. STRICKLAND and Mr. BOEH- H.R. 1595: Mr. NADLER. lands in the Cooperative Management and LERT. H.R. 1671: Mr. GIBBONS. Protection Area that are consistent with the H.R. 5306: Mr. STUMP, Mr. SESSIONS, Mr. H.R. 1689: Mr. LOBIONDO. purposes of this Act. MCINTOSH, Mr. EHRLICH, Mr. RILEY, Mr. STE- H.R. 2000: Mr. GREENWOOD. (c) TABLE OF CONTENTS.—The table of con- VENS, Mr. WATTS of Oklahoma, Mr. EVERETT, H.R. 2166: Mr. HOLT, Ms. WOOLSEY, Mr. tents of this Act is as follows: NORTHRUP, Mr. MICA, and Ms. BALDWIN. and Mr. PAUL. Sec. 1. Short title; purposes; table of con- H.R. 2355: Mr. LAMPSON. H.R. 5311: Mr. SANDERS, Mr. FILNER, Ms. tents. H.R. 2451: Mr. PICKERING. KAPTUR, Mrs. JONES of Ohio, Mr. ABER- CROMBIE, Mr. FROST, Ms. MCKINNEY, Mr. RA- Sec. 2. Definitions. H.R. 2620: Mr. WELLER and Mr. WELDON of Sec. 3. Maps and legal descriptions. HALL, Ms. MILLENDER-MCDONALD, Mr. Florida. Sec. 4. Valid existing rights. BONIOR, and Mr. KUCINICH. H.R. 2702: Mrs. KELLY. Sec. 5. Protection of tribal rights. H.R. 2814: Ms. LEE. H.R. 5331: Mr. CARDIN, and Ms. BERKLEY. TITLE I—STEENS MOUNTAIN COOPERA- H.R. 2835: Ms. WOOLSEY. H.R. 5345: Mr. BACA, Mr. DIXON, Mr. BOEH- TIVE MANAGEMENT AND PROTECTION H.R. 2894: Mr. PICKERING. LERT, and Mr. MCHUGH. AREA H.R. 3083: Mr. HASTINGS of Florida. H.J. Res. 48: Mr. WELLER. H.R. 3433: Mr. FATTAH. H. Con. Res. 77: Mr. SAXTON. Subtitle A—Designation and Purposes H. Con. Res. 283: Mr. CONDIT. H.R. 4025: Mr. MICA. Sec. 101. Designation of Steens Mountain H. Con. Res. 323: Mr. UDALL of Colorado. H.R. 4145: Mr. BROWN of Ohio. Cooperative Management and H. Con. Res. 337: Mr. COX, Mr. KING, and H.R. 4162: Mr. OLVER. Protection Area. Mr. WELLER. H.R. 4281: Mr. HASTINGS of Washington. Sec. 102. Purpose and objectives of Coopera- H. Con. Res. 364: Mr. TURNER. H.R. 4328: Mr. OSE and Mr. SANDLIN. tive Management and protec- H. Con. Res. 373: Mr. DEFAZIO. H.R. 4487: Mr. ALLEN. tion Area. H. Con. Res. 384: Mr. HAYWORTH, Mr. H.R. 4493: Mr. MCNULTY. BONILLA, and Mr. COX. Subtitle B—Management of Federal Lands H.R. 4498: Mrs. THURMAN. H. Con. Res. 395: Ms. HOOLEY of Oregon. Sec. 111. Management authorities and pur- H.R. 4527: Mr. WOLF, Mr. PHELPS, Mr. H. Con. Res. 404: Mr. FILNER, Mr. poses. BECERRA, Mr. TIERNEY, Mr. HILL of Indiana, FALEOMAVAEGA, Mr. TOWNS, Mr. HINCHEY, Sec. 112. Roads and travel access. Ms. SANCHEZ, MR. GONZALEZ, Mrs. Ms. BERKLEY, Mr. TURNER, and Mr. HUTCH- Sec. 113. Land use authorities. NAPOLITANO, Ms. BERKLEY, Mr. MOORE, Mr. INSON. Sec. 114. Land acquisition authority. OLVER, Mr. KIND, Mr. ABERCROMBIE, Mr. H. Res. 347: Mr. WALSH. Sec. 115. Special use permits. KUCINICH, Mr. WEINER, Mr. FRANK of Massa- H. Res. 458: Mr. BACHUS, Mr. DEFAZIO, Mr. Subtitle C—Cooperative Management chusetts, Mr. JEFFERSON, Mr. MEEKS of New BALLENGER, Mr. WATT of North Carolina, Mr. Sec. 121. Cooperative management agree- York, Mr. THOMPSON of California, Mrs. LANTOS, and Mr. TAUZIN. ments. LOWEY, Mr. MCGOVERN, Ms. MILLENDER- f Sec. 122. Cooperative efforts to control de- MCDONALD, Mr. DIXON, Mr. MILLER of Flor- velopment and encourage con- ida, Mr. MCDERMOTT, Mr. GEKAS, Mrs. WIL- AMENDMENTS servation. SON, Mr. HOEFFEL, Mr. BALDACCI, Mr. DOYLE, Under clause 8 of rule XVIII, pro- Subtitle D—Advisory Council Mr. GEORGE MILLER of California,´ Mr. HERGER, Mr. BACA, Ms. VELAZQUEZ, Mr. posed amendments, were submitted as Sec. 131. Establishment of advisory council. SABO, Mr. HULSHOF, Mr. BAIRD, Mrs. BONO, follows: Sec. 132. Advisory role in management ac- Mr. EVANS, Ms. KILPATRICK, and Mr. KOLBE. H.R. 4828 tivities. Sec. 133. Science committee. H.R. 4570: Mr. PORTER, Mr. FATTAH, and OFFERED BY: MR. WALDEN OF OREGON Mr. WATKINS. TITLE II—STEENS MOUNTAIN [Amendment in the Nature of a Substitute] H.R. 4650: Mr. TOOMEY. WILDERNESS AREA AMENDMENT NO. 1: Strike all after the en- H.R. 4672: Mr. SMITH of Texas. Sec. 201. Designation of Steens Mountain acting clause and insert the following: H.R. 4728: Ms. ESHOO, Mr. HAYWORTH, Mr. Wilderness Area. WATKINS, Mr. PICKERING, Mr. WICKER, Mr. SECTION 1. SHORT TITLE; PURPOSES; TABLE OF Sec. 202. Administration of Wilderness Area. MILLENDER-MCDONALD, Mr. COBURN, Mr. CONTENTS. Sec. 203. Water rights. TURNER, Mr. HEFLEY, Mr. BILIRAKIS, Ms. (a) SHORT TITLE.—This Act may be cited as Sec. 204. Treatment of wilderness study PRYCE of Ohio, and Mr. SHAFFER. the ‘‘Steens Mountain Cooperative Manage- areas. H.R. 4792: Mrs. LOWEY and Mr. DINGELL. ment and Protection Act of 2000’’. TITLE III—WILD AND SCENIC RIVERS H.R. 4825: Mr. WATT of North Carolina, Mr. (b) PURPOSES.—The purposes of this Act AND TROUT RESERVE INSLEE, Mr. JONES of North Carolina, Mr. are the following: MOORE, Mrs. ROUKEMA, Mr. HINCHEY, Mr. (1) To maintain the cultural, economic, ec- Sec. 301. Designation of streams for wild and SAXTON, and Mr. MORAN of Virginia. ological, and social health of the Steens scenic river status in Steens H.R. 4874: Mr. WEYGAND. Mountain area in Harney County, Oregon. Mountain area. H.R. 4935: Ms. SCHAKOWSKY. (2) To designate the Steens Mountain Wil- Sec. 302. Donner und Blitzen River redband H.R. 4971: Mr. STEARNS, Mrs. MEEK of Flor- derness Area. trout reserve. ida, and Mr. CANADY of Florida. (3) To designate the Steens Mountain Co- TITLE IV—MINERAL WITHDRAWAL AREA H.R. 5015: Ms. KAPTUR and Mr. FROST. operative Management and Protection Area. Sec. 401. Designation of mineral withdrawal H.R. 5055: Ms. KILPATRICK and Mr. GON- (4) To provide for the acquisition of private area. ZALEZ. lands through exchange for inclusion in the Sec. 402. Treatment of State lands and min- H.R. 5068: Mr. MICA, Mr. SCARBOROUGH, Mr. Wilderness Area and the Cooperative Man- eral interests. BILIRAKIS, and Mr. STEARNS. agement and Protection Area. TITLE V—ESTABLISHMENT OF H.R. 5081: Mr. ABERCROMBIE. (5) To provide for and expand cooperative WILDLANDS JUNIPER MANAGEMENT H.R. 5132: Mr. SHAYS, Ms. KAPTUR, Mr. FIL- management activities between public and AREA NER, Mr. ABERCROMBIE, and Ms. MCKINNEY. private landowners in the vicinity of the Wil- Sec. 501. Wildlands juniper management H.R. 5147: Mr. EVANS, Mr. TIERNEY, Mr. derness Area and surrounding lands. area. WEINER, Mr. MCGOVERN, Mr. CAPUANO, Mr. (6) To authorize the purchase of land and Sec. 502. Release from wilderness study area DEFAZIO, Mr. ABERCROMBIE, and Mr. development and nondevelopment rights. status. MCDERMOTT. (7) To designate additional components of H.R. 5151: Mr. ISAKSON. the National Wild and Scenic Rivers System. TITLE VI—LAND EXCHANGES H.R. 5166: Mr. EVANS. (8) To establish a reserve for redband trout Sec. 601. Land exchange, Roaring Springs H.R. 5178: Mrs. KELLY and Mr. KLINK. and a wildlands juniper management area. Ranch. October 3, 2000 CONGRESSIONAL RECORD — HOUSE H8737 Sec. 602. Land exchanges, C.M. Otley and (1) The Cooperative Management and Pro- Paiute Tribe on Federal lands and to pro- Otley Brothers. tection Area. mote cooperation with private landowners; Sec. 603. Land exchange, Tom J. Davis Live- (2) The Wilderness Area. (4) to ensure the conservation, protection, stock, Incorporated. (3) The wild and scenic river segments and and improved management of the ecological, Sec. 604. Land exchange, Lowther (Clemens) redband trout reserve designated by title III. social, and economic environment of the Co- Ranch. (4) The mineral withdrawal area designated operative Management and Protection Area, Sec. 605. General provisions applicable to by title IV. including geological, biological, wildlife, ri- land exchanges. (5) The wildlands juniper management area parian, and scenic resources; and TITLE VII—FUNDING AUTHORITIES established by title V. (5) to promote and foster cooperation, com- Sec. 701. Authorization of appropriations. (6) The land exchanges required by title VI. munication, and understanding and to re- Sec. 702. Use of land and water conservation (b) LEGAL EFFECT AND CORRECTION.—The duce conflict between Steens Mountain users fund. maps and legal descriptions referred to in and interests. SEC. 2. DEFINITIONS. subsection (a) shall have the same force and Subtitle B—Management of Federal Lands In this Act: effect as if included in this Act, except the SEC. 111. MANAGEMENT AUTHORITIES AND PUR- (1) ADVISORY COUNCIL.—The term ‘‘advisory Secretary may correct clerical and typo- POSES. council’’ means the Steens Mountain Advi- graphical errors in such maps and legal de- (a) IN GENERAL.—The Secretary shall man- sory Council established by title IV. scriptions. age all Federal lands included in the Cooper- (2) COOPERATIVE MANAGEMENT AGREE- (c) PUBLIC AVAILABILITY.—Copies of the ative Management and Protection Area pur- MENT.—An agreement to plan or implement maps and legal descriptions referred to in suant to the Federal Land Policy and Man- (or both) cooperative recreation, ecological, subsection (a) shall be on file and available agement Act of 1976 (43 U.S.C. 1701 et seq.) grazing, fishery, vegetation, prescribed fire, for public inspection in the Office of the Di- and other applicable provisions of law, in- cultural site protection, wildfire or other rector of the Bureau of Land Management cluding this Act, in a manner that— measures to beneficially meet public use and in the appropriate office of the Bureau of (1) ensures the conservation, protection, needs and the public land and private land Land Management in the State of Oregon. and improved management of the ecological, objectives of this Act. SEC. 4. VALID EXISTING RIGHTS. social and economic environment of the Co- (3) COOPERATIVE MANAGEMENT AND PROTEC- Nothing in this Act shall effect any valid operative Management and Protection Area, TION AREA.—The term ‘‘Cooperative Manage- existing right. including geological, biological, wildlife, ri- ment and Protection Area’’ means the SEC. 5. PROTECTION OF TRIBAL RIGHTS. parian, and scenic resources, North Amer- Steens Mountain Cooperative Management Nothing in this Act shall be construed to ican Indian tribal and cultural and archae- and Protection Area designated by title I. diminish the rights of any Indian tribe. ological resource sites, and additional cul- (4) EASEMENTS.— Nothing in this Act shall be construed to di- tural and historic sites; and (A) CONSERVATION EASEMENT.—The term minish tribal rights, including those of the (2) recognizes and allows current and his- ‘‘conservation easement’’ means a binding Burns Paiute Tribe, regarding access to Fed- toric recreational use. contractual agreement between the Sec- eral lands for tribal activities, including (b) MANAGEMENT PLAN.—Within four years retary and a landowner in the Cooperative spiritual, cultural, and traditional food gath- after the date of the enactment of this Act, Management and Protection Area under ering activities. the Secretary shall develop a comprehensive which the landowner, permanently or during plan for the long-range protection and man- TITLE I—STEENS MOUNTAIN COOPERA- a time period specified in the agreement, agement of the Federal lands included in the agrees to conserve or restore habitat, open TIVE MANAGEMENT AND PROTECTION Cooperative Management and Protection space, scenic, or other ecological resource AREA Area, including the Wilderness Area. The values on the land covered by the easement. Subtitle A—Designation and Purposes plan shall— (B) NONDEVELOPMENT EASEMENT.—The term SEC. 101. DESIGNATION OF STEENS MOUNTAIN (1) describe the appropriate uses and man- ‘‘nondevelopment easement’’ means a bind- COOPERATIVE MANAGEMENT AND agement of the Cooperative Management and ing contractual agreement between the Sec- PROTECTION AREA. Protection Area consistent with this Act; retary and a landowner in the Cooperative (a) DESIGNATION.—The Secretary shall des- (2) incorporate, as appropriate, decisions Management and Protection Area that will, ignate the Steens Mountain Cooperative contained in any current or future manage- permanently or during a time period speci- Management and Protection Area consisting ment or activity plan for the Cooperative fied in the agreement— of approximately 425,550 acres of Federal Management and Protection Area and use in- (i) prevent or restrict development on the land located in Harney County, Oregon, in formation developed in previous studies of land covered by the easement; or the vicinity of Steens Mountain, as generally the lands within or adjacent to the Coopera- (ii) protect open space or viewshed. depicted on the map entitled ‘‘Steens Moun- tive Management and Protection Area; (5) ECOLOGICAL INTEGRITY.—The term ‘‘eco- tain Boundary Map’’ and dated September 18, (3) provide for coordination with State, logical integrity’’ means a landscape where 2000. county, and private local landowners and the ecological processes are functioning to main- (b) CONTENTS OF MAP.—In addition to the Burns Paiute Tribe; and tain the structure, composition, activity, general boundaries of the Cooperative Man- (4) determine measurable and achievable and resilience of the landscape over time, agement and Protection Area, the map re- management objectives, consistent with the including— ferred to in subsection (a) also depicts the management objectives in section 102, to en- (A) a complex of plant communities, habi- general boundaries of the following: sure the ecological integrity of the area. tats and conditions representative of vari- (1) The no livestock grazing area described (c) MONITORING.—The Secretary shall im- able and sustainable successional conditions; in section 113(e). plement a monitoring program for Federal and (2) The mineral withdrawal area designated lands in the Cooperative Management and (B) the maintenance of biological diver- by title IV. Protection Area so that progress towards ec- sity, soil fertility, and genetic interchange. (3) The wildlands juniper management area ological integrity objectives can be deter- (6) MANAGEMENT PLAN.—The term ‘‘man- established by title V. mined. agement plan’’ means the management plan SEC. 102. PURPOSE AND OBJECTIVES OF COOP- SEC. 112. ROADS AND TRAVEL ACCESS. for the Cooperative Management and Protec- ERATIVE MANAGEMENT AND PRO- (a) TRANSPORTATION PLAN.—The manage- tion Area and the Wilderness Area required TECTION AREA. ment plan shall include, as an integral part, to be prepared by section 111(b). (a) PURPOSE.—The purpose of the Coopera- a comprehensive transportation plan for the (7) REDBAND TROUT RESERVE.—The term tive Management and Protection Area is to Federal lands included in the Cooperative ‘‘Redband Trout Reserve’’ means the Donner conserve, protect, and manage the long-term Management and Protection Area, which und Blitzen Redband Trout Reserve des- ecological integrity of Steens Mountain for shall address the maintenance, improve- ignated by section 302. future and present generations. ment, and closure of roads and trails as well (8) SECRETARY.—The term ‘‘Secretary’’ (b) OBJECTIVES.—To further the purpose as travel access. means the Secretary of the Interior, acting specified in subsection (a), and consistent (b) PROHIBITION ON OFF-ROAD MOTORIZED through the Bureau of Land Management. with such purpose, the Secretary shall man- TRAVEL.— (9) SCIENCE COMMITTEE.—The term ‘‘science age the Cooperative Management and Pro- (1) PROHIBITION.—The use of motorized or committee’’ means the committee of inde- tection Area for the benefit of present and mechanized vehicles on Federal lands in- pendent scientists appointed under section future generations— cluded in the Cooperative Management and 133. (1) to maintain and enhance cooperative Protection Area— (10) WILDERNESS AREA.—The term ‘‘Wilder- and innovative management projects, pro- (A) is prohibited off road; and ness Area’’ means the Steens Mountain Wil- grams and agreements between tribal, pub- (B) is limited to such roads and trails as derness Area designated by title II. lic, and private interests in the Cooperative may be designated for their use as part of SEC. 3. MAPS AND LEGAL DESCRIPTIONS. Management and Protection Area; the management plan. (a) PREPARATION AND SUBMISSION.—As soon (2) to promote grazing, recreation, historic, (2) EXCEPTIONS.—Paragraph (1) does not as practicable after the date of the enact- and other uses that are sustainable; prohibit the use of motorized or mechanized ment of this Act, the Secretary shall prepare (3) to conserve, protect and to ensure tradi- vehicles on Federal lands included in the Co- and submit to Congress maps and legal de- tional access to cultural, gathering, reli- operative Management and Protection Area scriptions of the following: gious, and archaeological sites by the Burns if the Secretary determines that such use— H8738 CONGRESSIONAL RECORD — HOUSE October 3, 2000

(A) is needed for administrative purposes Fish and Wildlife, the Secretary may des- (b) TREATMENT OF ACQUIRED LANDS.— or to respond to an emergency; or ignate zones where, and establish periods (1) IN GENERAL.—Subject to paragraphs (2) (B) is appropriate for the construction or when, hunting, trapping or fishing is prohib- and (3), lands or interests in lands acquired maintenance of agricultural facilities, fish ited on Federal lands included in the Cooper- under subsection (a) or title VI that are lo- and wildlife management, or ecological res- ative Management and Protection Area for cated within the boundaries of the Coopera- toration projects, except in areas designated reasons of public safety, administration, or tive Management and Protection Area as wilderness or managed under the provi- public use and enjoyment. shall— sions of section 603(c) of the Federal Land (e) GRAZING.— (A) become part of the Cooperative Man- Policy and Management Act of 1976 (43 (1) CONTINUATION OF EXISTING LAW.—Except agement and Protection Area; and U.S.C. 1782). as otherwise provided in this section and (B) be managed pursuant to the laws appli- (c) ROAD CLOSURES.—Any determination to title VI, the laws, regulations, and executive cable to the Cooperative Management and permanently close an existing road in the orders otherwise applicable to the Bureau of Protection Area. Cooperative Management and Protection Land Management in issuing and admin- (2) LANDS WITHIN WILDERNESS AREA.—If Area or to restrict the access of motorized or istering grazing leases and permits on lands lands or interests in lands acquired under mechanized vehicles on certain roads shall under its jurisdiction shall apply in regard to subsection (a) or title VI are within the be made in consultation with the advisory the Federal lands included in the Coopera- boundaries of the Wilderness Area, the ac- council and the public. tive Management and Protection Area. quired lands or interests in lands shall— (d) PROHIBITION ON NEW CONSTRUCTION.— (2) CANCELLATION OF CERTAIN PERMITS.— (1) become part of the Wilderness Area; and (1) PROHIBITION, EXCEPTION.—No new road The Secretary shall cancel that portion of (2) be managed pursuant to title II and the or trail for motorized or mechanized vehicles the permitted grazing on Federal lands in other laws applicable to the Wilderness Area. may be constructed on Federal lands in the the Fish Creek/Big Indian, East Ridge, and (3) LANDS WITHIN WILDERNESS STUDY Cooperative Management and Protection South Steens allotments located within the AREA.—If the lands or interests in lands ac- Area unless the Secretary determines that area designated as the ‘‘no livestock grazing quired under subsection (a) or title VI are the road or trail is necessary for public safe- area’’ on the map referred to in section within the boundaries of a wilderness study ty or protection of the environment. Any de- 101(a). Upon cancellation, future grazing use area, the acquired lands or interests in lands termination under this subsection shall be in that designated area is prohibited. The shall— made in consultation with the advisory Secretary shall be responsible for installing (1) become part of that wilderness study council and the public. and maintaining any fencing required for re- area; and (2) TRAILS.—Nothing in this subsection is source protection within the designated no (2) be managed pursuant to the laws appli- intended to limit the authority of the Sec- livestock grazing area. cable to that wilderness study area. retary to construct or maintain trails for (3) FORAGE REPLACEMENT.—Reallocation of (c) APPRAISAL.—In appraising non-Federal nonmotorized or nonmechanized use. available forage shall be made as follows: land, development rights, or conservation (e) ACCESS TO NONFEDERALLY OWNED (A) O’Keefe pasture within the Miners easements for possible acquisition under this LANDS.— Field allotment to Stafford Ranches. section or section 122, the Secretary shall (1) REASONABLE ACCESS.—The Secretary (B) Fields Seeding and Bone Creek Pasture disregard any adverse impacts on values re- shall provide reasonable access to nonfeder- east of the county road within the Miners sulting from the designation of the Coopera- ally owned lands or interests in land within Field allotment to Amy Ready. tive Management and Protection Area or the the boundaries of the Cooperative Manage- (C) Miners Field Pasture, Schouver Seed- Wilderness Area. ment and Protection Area and the Wilder- ing and Bone Creek Pasture west of the ness Area to provide the owner of the land or county road within the Miners Field allot- SEC. 115. SPECIAL USE PERMITS. interest the reasonable use thereof. ment to Roaring Springs Ranch. The Secretary may renew a special rec- (2) EFFECT ON EXISTING RIGHTS-OF-WAY.— (D) 800 animal unit months within the reational use permit applicable to lands in- Nothing in this Act shall have the effect of Crows Nest allotment to Lowther (Clemens) cluded in the Wilderness Area to the extent terminating any valid existing right-of-way Ranch. that the Secretary determines that the per- on Federal lands included in the Cooperative (4) FENCING AND WATER SYSTEMS.—The Sec- mit is consistent with the Wilderness Act (16 Management and Protection Area. retary shall also construct fencing and de- U.S.C. 1131 et seq.). If renewal is not con- SEC. 113. LAND USE AUTHORITIES. velop water systems as necessary to allow sistent with the Wilderness Act, the Sec- (a) IN GENERAL.—The Secretary shall allow reasonable and efficient livestock use of the retary shall seek other opportunities for the only such uses of the Federal lands included forage resources referred to in paragraph (3). permit holder through modification of the in the Cooperative Management and Protec- (f) PROHIBITION ON CONSTRUCTION OF FACILI- permit to realize historic permit use to the tion Area as the Secretary finds will further TIES.—No new facilities may be constructed extent that the use is consistent with the the purposes for which the Cooperative Man- on Federal lands included in the Cooperative Wilderness Act and this Act, as determined agement and Protection Area is established. Management and Protection Area unless the by the Secretary. (b) COMMERCIAL TIMBER.— Secretary determines that the structure— (1) PROHIBITION.—The Federal lands in- (1) will be minimal in nature; Subtitle C—Cooperative Management cluded in the Cooperative Management and (2) is consistent with the purposes of this SEC. 121. COOPERATIVE MANAGEMENT AGREE- Protection Area shall not be made available Act; and MENTS. for commercial timber harvest. (3) is necessary— (a) COOPERATIVE EFFORTS.—To further the (2) LIMITED EXCEPTION.—The Secretary (A) for enhancing botanical, fish, wildlife, purposes and objectives for which the Coop- may authorize the removal of trees from or watershed conditions; erative Management and Protection Area is Federal lands in the Cooperative Manage- (B) for public information, health, or safe- designated, the Secretary may work with ment and Protection Area only if the Sec- ty; non-Federal landowners and other parties retary determines that the removal is clear- (C) for the management of livestock; or who voluntarily agree to participate in the ly needed for purposes of ecological restora- (D) for the management of recreation, but cooperative management of Federal and non- tion and maintenance or for public safety. not for the promotion of recreation. Federal lands in the Cooperative Manage- Except in the Wilderness Area and the wil- (g) WITHDRAWAL.—Subject to valid existing ment and Protection Area. derness study areas referred to in section rights, the Federal lands and interests in (b) AGREEMENTS AUTHORIZED.—The Sec- lands included in the Cooperative Manage- 204(a), the Secretary may authorize the sale retary may enter into a cooperative manage- of products resulting from the authorized re- ment and Protection Areas are hereby with- drawn from all forms of entry, appropriation, ment agreement with any party to provide moval of trees under this paragraph. for the cooperative conservation and man- (c) JUNIPER MANAGEMENT.—The Secretary or disposal under the public land laws, ex- agement of the Federal and non-Federal shall emphasize the restoration of the his- cept in the case of land exchanges if the Sec- lands subject to the agreement. toric fire regime in the Cooperative Manage- retary determines that the exchange fur- ment and Protection Area and the resulting thers the purpose and objectives specified in (c) OTHER PARTICIPANTS.—With the consent native vegetation communities through ac- section 102 and so certifies to Congress. of the landowners involved, the Secretary tive management of Western Juniper on a SEC. 114. LAND ACQUISITION AUTHORITY. may permit permittees, special-use permit landscape level. Management measures shall (a) ACQUISITION.— holders, other Federal and State agencies, include the use of natural and prescribed (1) ACQUISITION AUTHORIZED.—In addition and interested members of the public to par- burning. to the land acquisitions authorized by title ticipate in a cooperative management agree- (d) HUNTING, FISHING, AND TRAPPING.— VI, the Secretary may acquire other non- ment as appropriate to achieve the resource (1) AUTHORIZATION.—The Secretary shall Federal lands and interests in lands located or land use management objectives of the permit hunting, fishing, and trapping on within the boundaries of the Cooperative agreement. Federal lands included in the Cooperative Management and Protection Area or the Wil- (d) TRIBAL CULTURAL SITE PROTECTION.— Management and Protection Area in accord- derness Area. The Secretary may enter into agreements ance with applicable laws and regulations of (2) ACQUISITION METHODS.—Lands may be with the Burns Paiute Tribe to protect cul- the United States and the State of Oregon. acquired under this subsection only by vol- tural sites in the Cooperative Management (2) AREA AND TIME LIMITATIONS.—After con- untary exchange, donation, or purchase from and Protection Area of importance to the sultation with the Oregon Department of willing sellers. tribe. October 3, 2000 CONGRESSIONAL RECORD — HOUSE H8739 SEC. 122. COOPERATIVE EFFORTS TO CONTROL appointed from nominees submitted by the verse scientists to provide advice on ques- DEVELOPMENT AND ENCOURAGE Oregon State Director of the Bureau of Land tions relating to the management of the Co- CONSERVATION. Management. operative Management and Protection Area (a) POLICY.—Development on public and (10) A person who has no financial interest to the Secretary and the advisory council. private lands within the boundaries of the in the Cooperative Management and Protec- The Secretary shall seek the advice of the Cooperative Management and Protection tion Area to represent statewide interests, advisory council in making these appoint- Area which is different from the current appointed from nominees submitted by the ments. character and uses of the lands is incon- Governor of Oregon. TITLE II—STEENS MOUNTAIN sistent with the purposes of this Act. (c) CONSULTATION.—In reviewing nominees WILDERNESS AREA (b) USE OF NONDEVELOPMENT AND CON- submitted under subsection (b) for possible SEC. 201. DESIGNATION OF STEENS MOUNTAIN SERVATION EASEMENTS.—The Secretary may appointment to the advisory council, the enter into a nondevelopment easement or WILDERNESS AREA. Secretary shall consult with the respective The Federal lands in the Cooperative Man- conservation easement with willing land- community of interest that the nominees are agement and Protection Area depicted as owners to further the purposes of this Act. to represent to ensure that the nominees wilderness on the map entitled ‘‘Steens (c) CONSERVATION INCENTIVE PAYMENTS.— have the support of their community of in- The Secretary may provide technical assist- Mountain Wilderness Area’’ and dated Sep- terest. tember 18, 2000, are hereby designated as wil- ance, cost-share payments, incentive pay- (d) TERMS.— ments, and education to a private landowner derness and therefore as a component of the (1) STAGGERED TERMS.—Members of the ad- National Wilderness Preservation System. in the Cooperative Management and Protec- visory council shall be appointed for terms of tion Area who enters into a contract with The wilderness area shall be known as the three years, except that, of the members Steens Mountain Wilderness Area. the Secretary to protect or enhance ecologi- first appointed, four members shall be ap- cal resources on the private land covered by SEC. 202. ADMINISTRATION OF WILDERNESS pointed for a term of one year and four mem- AREA. the contract if those protections or enhance- bers shall be appointed for a term of two ments benefit public lands. (a) GENERAL RULE.—The Secretary shall years. administer the Wilderness Area in accord- (d) RELATION TO PROPERTY RIGHTS AND (2) REAPPOINTMENT.—A member may be re- ance with this title and the Wilderness Act STATE AND LOCAL LAW.—Nothing in this Act appointed to serve on the advisory council. (16 U.S.C. 1131 et seq.). Any reference in the is intended to affect rights or interests in (3) VACANCY.—A vacancy on the advisory real property or supersede State law. Wilderness Act to the effective date of that council shall be filled in the same manner as Act (or any similar reference) shall be Subtitle D—Advisory Council the original appointment. deemed to be a reference to the date of the SEC. 131. ESTABLISHMENT OF ADVISORY COUN- (d) CHAIRPERSON AND PROCEDURES.—The enactment of this Act. CIL. advisory council shall elect a chairperson (b) WILDERNESS BOUNDARIES ALONG (a) ESTABLISHMENT.—The Secretary shall and establish such rules and procedures as it ROADS.—Where a wilderness boundary exists establish the Steens Mountain Advisory deems necessary or desirable. along a road, the wilderness boundary shall Council to advise the Secretary in managing (e) SERVICE WITHOUT COMPENSATION.— be set back from the centerline of the road, the Cooperative Management and Protection Members of the advisory council shall serve consistent with the Bureau of Land Manage- Area and in promoting the cooperative man- without pay, but the Secretary shall reim- ment’s guidelines as established in its Wil- agement under subtitle C. burse members for reasonable expenses in- derness Management Policy. (b) MEMBERS.—The advisory council shall curred in carrying out official duties as a (c) ACCESS TO NON-FEDERAL LANDS.—The consist of 12 voting members, to be ap- member of the council. Secretary shall provide reasonable access to pointed by the Secretary, as follows: (f) ADMINISTRATIVE SUPPORT.—The Sec- private lands within the boundaries of the (1) A private landowner in the Cooperative retary shall provide the advisory council Wilderness Area, as provided in section Management and Protection Area, appointed with necessary administrative support and 112(d). from nominees submitted by the county shall designate an appropriate officer of the (d) GRAZING.— court for Harney County, Oregon. Bureau of Land Management to serve as the (1) ADMINISTRATION.—Except as provided in (2) Two persons who are grazing permittees Secretary’s liaison to the council. section 113(e)(2), grazing of livestock shall be on Federal lands in the Cooperative Manage- (g) STATE LIAISON.—The Secretary shall administered in accordance with the provi- ment and Protection Area, appointed from appoint one person, nominated by the Gov- sion of section 4(d)(4) of the Wilderness Act nominees submitted by the county court for ernor of Oregon, to serve as the State gov- (16 U.S.C. 1133(d)(4)), in accordance with the Harney County, Oregon. ernment liaison to the advisory council. provisions of this Act, and in accordance (3) A person interested in fish and rec- (h) APPLICABLE LAW.—The advisory com- with the guidelines set forth in Appendices A reational fishing in the Cooperative Manage- mittee shall be subject to the Federal Land and B of House Report 101–405 of the 101st ment and Protection Area, appointed from Policy and Management Act of 1976 (43 Congress. nominees submitted by the Governor of Or- U.S.C. 1701 et seq.) and the Federal Advisory (2) RETIREMENT OF CERTAIN PERMITS.—The egon. Committee Act (5 U.S.C. App.). Secretary shall permanently retire all graz- (4) A member of the Burns Paiute Tribe, SEC. 132. ADVISORY ROLE IN MANAGEMENT AC- ing permits applicable to certain lands in the appointed from nominees submitted by the TIVITIES. Wilderness Area, as depicted on the map re- Burns Paiute Tribe. (a) MANAGEMENT RECOMMENDATIONS.—The ferred to in section 101(a), and livestock shall (5) Two persons who are recognized envi- advisory committee shall utilize sound be excluded from these lands. ronmental representatives, one of whom science, existing plans for the management SEC. 203. WATER RIGHTS. shall represent the State as a whole, and one of Federal lands included in the Cooperative Nothing in this Act shall constitute an ex- of whom is from the local area, appointed Management and Protection Area, and other press or implied claim or denial on the part from nominees submitted by the Governor of tools to formulate recommendations for the of the Federal Government as to exemption Oregon. Secretary regarding— from State water laws. (1) new and unique approaches to the man- (6) A person who participates in what is SEC. 204. TREATMENT OF WILDERNESS STUDY commonly called dispersed recreation, such agement of lands within the boundaries of AREAS. as hiking, camping, nature viewing, nature the Cooperative Management and Protection (a) STATUS UNAFFECTED.—Except as pro- photography, bird watching, horse back Area; and vided in section 502, any wilderness study riding, or trail walking, appointed from (2) cooperative programs and incentives for area, or portion of a wilderness study area, nominees submitted by the Oregon State Di- seamless landscape management that meets within the boundaries of the Cooperative rector of the Bureau of Land Management. human needs and maintains and improves Management and Protection Area, but not (7) A person who is a recreational permit the ecological and economic integrity of the included in the Wilderness Area, shall re- holder or is a representative of a commercial Cooperative Management and Protection main a wilderness study area notwith- recreation operation in the Cooperative Area. standing the enactment of this Act. Management and Protection Area, appointed (b) PREPARATION OF MANAGEMENT PLAN.— (b) MANAGEMENT.—The wilderness study from nominees submitted jointly by the Or- The Secretary shall consult with the advi- areas referred to in subsection (a) shall con- egon State Director of the Bureau of Land sory committee as part of the preparation tinue to be managed under section 603(c) of Management and the county court for Har- and implementation of the management the Federal Land Policy and Management ney County, Oregon. plan. Act of 1976 (43 U.S.C. 1782(c)) in a manner so (8) A person who participates in what is (c) SUBMISSION OF RECOMMENDATIONS.—No as not to impair the suitability of the areas commonly called mechanized or consumptive recommendations may be presented to the for preservation as wilderness. recreation, such as hunting, fishing, off-road Secretary by the advisory council without (c) EXPANSION OF BASQUE HILLS WILDER- driving, hang gliding, or parasailing, ap- the agreement of at least nine members of NESS STUDY AREA.—The boundaries of the pointed from nominees submitted by the Or- the advisory council. Basque Hills Wilderness Study Area are here- egon State Director of the Bureau of Land SEC. 133. SCIENCE COMMITTEE. by expanded to include the Federal lands Management. The Secretary shall appoint, as needed or within sections 8, 16, 17, 21, 22, and 27 of (9) A person with expertise and interest in at the request of the advisory council, a township 36 south, range 31 east, Willamette wild horse management on Steens Mountain, team of respected, knowledgeable, and di- Meridian. These lands shall be managed H8740 CONGRESSIONAL RECORD — HOUSE October 3, 2000

under section 603(c) of the Federal Lands (c) RESERVE PURPOSES.—The purposes of (1) Federal lands or Federal mineral inter- Policy and Management Act of 1976 (43 the Redband Trout Reserve are— ests that are outside the boundaries of the U.S.C. 1782(c)) to protect and enhance the (1) to conserve, protect, and enhance the mineral withdrawal area; wilderness values of these lands. Donner und Blitzen River population of (2) a monetary payment to the State; or TITLE III—WILD AND SCENIC RIVERS AND redband trout and the unique ecosystem of (3) a combination of a conveyance under TROUT RESERVE plants, fish, and wildlife of a river system; paragraph (1) and a monetary payment under SEC. 301. DESIGNATION OF STREAMS FOR WILD and paragraph (2). AND SCENIC RIVER STATUS IN (2) to provide opportunities for scientific TITLE V—ESTABLISHMENT OF STEENS MOUNTAIN AREA. research, environmental education, and fish WILDLANDS JUNIPER MANAGEMENT (a) EXPANSION OF DONNER UND BLITZEN and wildlife oriented recreation and access AREA to the extent compatible with paragraph (1). WILD RIVER.—Section 3(a)(74) of the Wild and SEC. 501. WILDLANDS JUNIPER MANAGEMENT Scenic Rivers Act (16 U.S.C. 1274(a)(74)) is (d) EXCLUSION OF PRIVATE LANDS.—The Redband Trout Reserve does not include any AREA. amended— (a) ESTABLISHMENT.—To further the pur- private lands adjacent to the Donner und (1) by striking ‘‘the’’ at the beginning of poses of section 113(c), the Secretary shall each subparagraph and inserting ‘‘The’’; Blitzen River or its tributaries. (e) ADMINISTRATION.— establish a special management area con- (2) by striking the semicolon at the end of sisting of certain Federal lands in the Coop- subparagraphs (A), (B), (C), and (D) and in- (1) IN GENERAL.—The Secretary shall ad- minister all lands, waters, and interests erative Management and Protection Area, as serting a period; therein in the Redband Trout Reserve con- depicted on the map referred to in section (3) by striking ‘‘; and’’ at the end of sub- sistent with the Wilderness Act (16 U.S.C. 101(a), which shall be known as the Wildlands paragraph (E) and inserting a period; and 1131 et seq.) and the Wild and Scenic Rivers Juniper Management Area. (4) by adding at the end the following new Act (16 U.S.C. 1271 et seq.). (b) MANAGEMENT.—Special management subparagraphs: (2) CONSULTATION.—In administering the practices shall be adopted for the Wildlands ‘‘(G) The 5.1 mile segment of Mud Creek Redband Trout Reserve, the Secretary shall Juniper Management Area for the purposes from its confluence with an unnamed spring consult with the advisory council and co- of experimentation, education, interpreta- in the SW1⁄4SE1⁄4 of section 32, township 33 operate with the Oregon Department of Fish tion, and demonstration of active and pas- south, range 33 east, to its confluence with and Wildlife. sive management intended to restore the his- the Donner und Blitzen River. (3) RELATION TO RECREATION.—To the ex- toric fire regime and native vegetation com- ‘‘(H) The 8.1 mile segment of Ankle Creek tent consistent with applicable law, the Sec- munities on Steens Mountain. from its headwaters to its confluence with retary shall manage recreational activities (c) AUTHORIZATION OF APPROPRIATIONS.—In the Donner und Blitzen River. in the Redband Trout Reserve in a manner addition to the authorization of appropria- ‘‘(I) The 1.6 mile segment of the South that conserves the unique population of tions in section 701, there is authorized to be Fork of Ankle Creek from its confluence redband trout native to the Donner und appropriated $5,000,000 to carry out this title 1 1 with an unnamed tributary in the SE ⁄4SE ⁄4 Blitzen River. and section 113(c) regarding juniper manage- of section 17, township 34 south, range 33 (4) REMOVAL OF DAM.—The Secretary shall ment in the Cooperative Management and east, to its confluence with Ankle Creek.’’. remove the dam located below the mouth of Protection Area. (b) DESIGNATION OF WILDHORSE AND KIGER Fish Creek and above Page Springs if re- SEC. 502. RELEASE FROM WILDERNESS STUDY CREEKS, OREGON.—Section 3(a) of the Wild moval of the dam is scientifically justified AREA STATUS. and Scenic Rivers Act (16 U.S.C. 1274(a)) is and funds are available for such purpose. The Federal lands included in the amended by adding at the end the following (f) OUTREACH AND EDUCATION.—The Sec- Wildlands Juniper Management Area estab- new paragraph: retary may work with, provide technical as- lished under section 501 are no longer subject ll ‘‘( ) WILDHORSE AND KIGER CREEKS, OR- sistance to, provide community outreach and to the requirement of section 603(c) of the EGON.—The following segments in the Steens education programs for or with, or enter into Federal Land Policy and Management Act of Mountain Cooperative Management and Pro- cooperative agreements with private land- 1976 (43 U.S.C. 1782(c)) pertaining to man- tection Area in the State of Oregon, to be ad- owners, State and local governments or aging the lands so as not to impair the suit- ministered by the Secretary of the Interior agencies, and conservation organizations to ability of the lands for preservation as wil- as wild rivers: further the purposes of the Redband Trout derness. ‘‘(A) The 2.6-mile segment of Little Reserve. Wildhorse Creek from its headwaters to its TITLE VI—LAND EXCHANGES TITLE IV—MINERAL WITHDRAWAL AREA confluence with Wildhorse Creek. SEC. 601. LAND EXCHANGE, ROARING SPRINGS ‘‘(B) The 7.0-mile segment of Wildhorse SEC. 401. DESIGNATION OF MINERAL WITH- RANCH. DRAWAL AREA. Creek from its headwaters, and including .36 (a) EXCHANGE AUTHORIZED.—For the pur- (a) DESIGNATION.—Subject to valid existing stream miles into section 34, township 34 pose of protecting and consolidating Federal rights, the Federal lands and interests in south, range 33 east. lands within the Cooperative Management lands included within the withdrawal bound- ‘‘(C) The approximately 4.25-mile segment and Protection Area, the Secretary may ary as depicted on the map referred to in sec- carry out a land exchange with Roaring of Kiger Creek from its headwaters to the tion 101(a) are hereby withdrawn from— point at which it leaves the Steens Mountain Springs Ranch, Incorporated, to convey all (1) location, entry and patent under the right, title, and interest of the United States Wilderness Area within the Steens Mountain mining laws; and, Cooperative Management and Protection in and to certain parcels of land under the (2) operation of the mineral leasing and jurisdiction of the Bureau of Land Manage- Area.’’. geothermal leasing laws and from the min- (c) MANAGEMENT.—Where management re- ment in the vicinity of Steens Mountain, Or- erals materials laws and all amendments quirements for a stream segment described egon, as depicted on the map referred to in thereto except as specified in subsection (b). in the amendments made by this section dif- section 605(a), consisting of a total of ap- (b) ROAD MAINTENANCE.—If consistent with proximately 76,374 acres in exchange for the fer between the Wild and Scenic Rivers Act the purposes of this Act and the manage- private lands described in subsection (b). (16 U.S.C. 1271 et seq.) and the Wilderness ment plan for the Cooperative Management (b) RECEIPT OF NON-FEDERAL LANDS.—As Area, the more restrictive requirements and Protection Area, the Secretary may per- consideration for the conveyance of the Fed- shall apply. mit the development of saleable mineral re- eral lands referred to in subsection (a) and SEC. 302. DONNER UND BlITZEN RIVER REDBAND sources, for road maintenance use only, in the disbursement referred to in subsection TROUT RESERVE. those locations identified on the map re- (a) FINDINGS.—The Congress finds the fol- ferred to in section 101(a) as an existing (d), Roaring Springs Ranch, Incorporated, lowing: ‘‘gravel pit’’ within the mineral withdrawal shall convey to the Secretary parcels of land (1) Those portions of the Donner und boundaries (excluding the Wilderness Area, consisting of approximately 10,909 acres, as Blitzen River in the Wilderness Area are an wilderness study areas, and designated seg- depicted on the map referred to in section exceptional environmental resource that ments of the National Wild and Scenic Riv- 605(a), for inclusion in the Wilderness Area, a provides habitat for unique populations of ers System) where such development was au- wilderness study area, and the no livestock native fish, migratory waterfowl, and other thorized before the date of enactment of this grazing area as appropriate. wildlife resources, including a unique popu- Act. (c) TREATMENT OF GRAZING.—Paragraphs lation of redband trout. SEC. 402. TREATMENT OF STATE LANDS AND MIN- (2) and (3) of section 113(e), relating to the ef- (2) Redband trout represent a unique nat- ERAL INTERESTS. fect of the cancellation in part of grazing ural history reflecting the Pleistocene con- (a) ACQUISITION REQUIRED.—The Secretary permits for the South Steens allotment in nection between the lake basins of eastern shall acquire, for approximately equal value the Wilderness Area and reassignment of use Oregon and the Snake and Columbia Rivers. and as agreed to by the Secretary and the areas as described in paragraph (3)(C) of such (b) DESIGNATION OF RESERVE.—The Sec- State of Oregon, lands and interests in lands section, shall apply to the land exchange au- retary shall designate the Donner und owned by the State within the boundaries of thorized by this section. Blitzen Redband Trout Reserve consisting of the mineral withdrawal area designated pur- (d) DISBURSEMENT.—Upon completion of the Donner und Blitzen River in the Wilder- suant to section 401. the land exchange authorized by this section, ness Area above its confluence with Fish (b) ACQUISITION METHODS.—The Secretary the Secretary is authorized to make a dis- Creek and the Federal riparian lands imme- shall acquire such State lands and interests bursement to Roaring Springs Ranch, Incor- diately adjacent to the river. in lands in exchange for— porated, in the amount of $2,889,000. October 3, 2000 CONGRESSIONAL RECORD — HOUSE H8741

(e) COMPLETION OF CONVEYANCE.—The Sec- within 70 days after the Secretary accepts the Secretary is authorized to make a dis- retary shall complete the conveyance of the the lands described in such subsections. bursement to Lowther (Clemens) Ranch, in Federal lands under subsection (a) within 70 SEC. 603. LAND EXCHANGE, TOM J. DAVIS LIVE- the amount of $148,000. days after the Secretary accepts the lands STOCK, INCORPORATED. (e) COMPLETION OF CONVEYANCE.—The Sec- described in subsection (b). (a) EXCHANGE AUTHORIZED.—For the pur- retary shall complete the conveyance of the SEC. 602. LAND EXCHANGES, C.M. OTLEY AND pose of protecting and consolidating Federal Federal lands under subsection (a) within 70 OTLEY BROTHERS. lands within the Wilderness Area, the Sec- days after the Secretary accepts the lands (a) C. M. OTLEY EXCHANGE.— retary may carry out a land exchange with described in subsection (b). (1) EXCHANGE AUTHORIZED.—For the pur- Tom J. Davis Livestock, Incorporated, to pose of protecting and consolidating Federal convey all right, title, and interest of the SEC. 605. GENERAL PROVISIONS APPLICABLE TO LAND EXCHANGES. lands within the Cooperative Management United States in and to certain parcels of and Protection Area, the Secretary may land under the jurisdiction of the Bureau of (a) MAP.—The land conveyances described carry out a land exchange with C. M. Otley Land Management in the vicinity of Steens in this title are generally depicted on the to convey all right, title, and interest of the Mountain, Oregon, as depicted on the map map entitled ‘‘Steens Mountain Land Ex- United States in and to certain parcels of referred to in section 605(a), consisting of a changes’’ and dated September 18, 2000. land under the jurisdiction of the Bureau of total of approximately 5,340 acres in ex- (b) APPLICABLE LAW.—Except as otherwise Land Management in the vicinity of Steens change for the private lands described in sub- provided in this section, the exchange of Mountain, Oregon, as depicted on the map section (b). Federal land under this title is subject to the referred to in section 605(a), consisting of a (b) RECEIPT OF NON-FEDERAL LANDS.—As existing laws and regulations applicable to total of approximately 3,845 acres in ex- consideration for the conveyance of the Fed- the conveyance and acquisition of land under change for the private lands described in eral lands referred to in subsection (a) and the jurisdiction of the Bureau of Land Man- paragraph (2). the disbursement referred to in subsection agement. It is anticipated that the Secretary (2) RECEIPT OF NON-FEDERAL LANDS.—As (c), Tom J. Davis Livestock, Incorporated, will be able to carry out such land exchanges consideration for the conveyance of the Fed- shall convey to the Secretary a parcel of without the promulgation of additional regu- eral lands referred to in paragraph (1) and land consisting of approximately 5,103 acres, lations and without regard to the notice and the disbursement referred to in paragraph as depicted on the map referred to in section comment provisions of section 553 of title 5, (3), C. M. Otley shall convey to the Secretary 605(a), for inclusion in the Wilderness Area. United States Code. (c) DISBURSEMENT.—Upon completion of a parcel of land in the headwaters of Kiger (c) CONDITIONS ON ACCEPTANCE.—Title to the land exchange authorized by this section, gorge consisting of approximately 851 acres, the non-Federal lands to be conveyed under the Secretary is authorized to make a dis- as depicted on the map referred to in section this title must be acceptable to the Sec- bursement to Tom J. Davis Livestock, Incor- 605(a), for inclusion in the Wilderness Area retary, and the conveyances shall be subject porated, in the amount of $800,000. and the no livestock grazing area as appro- to valid existing rights of record. The non- (d) COMPLETION OF CONVEYANCE.—The Sec- priate. retary shall complete the conveyance of the Federal lands shall conform with the title (3) DISBURSEMENT.—Upon completion of Federal lands under subsection (a) within 70 approval standards applicable to Federal the land exchange authorized by this sub- days after the Secretary accepts the lands land acquisitions. section, the Secretary is authorized to make described in subsection (b). (d) LEGAL DESCRIPTIONS.—The exact acre- a disbursement to C.M. Otley, in the amount SEC. 604. LAND EXCHANGE, LOWTHER (CLEMENS) age and legal description of all lands to be of $920,000. RANCH. exchanged under this title shall be deter- (b) OTLEY BROTHERS EXCHANGE.— (a) EXCHANGE AUTHORIZED.—For the pur- mined by surveys satisfactory to the Sec- (1) EXCHANGE AUTHORIZED.—For the pur- pose of protecting and consolidating Federal retary. The costs of any such survey, as well pose of protecting and consolidating Federal lands within the Cooperative Management as other administrative costs incurred to lands within the Cooperative Management and Protection Area, the Secretary may execute a land exchange under this title, and Protection Area, the Secretary may carry out a land exchange with the Lowther shall be borne by the Secretary. carry out a land exchange with the Otley (Clemens) Ranch to convey all right, title, TITLE VII—FUNDING AUTHORITIES Brother’s, Inc., to convey all right, title, and and interest of the United States in and to interest of the United States in and to cer- certain parcels of land under the jurisdiction SEC. 701. AUTHORIZATION OF APPROPRIATIONS. tain parcels of land under the jurisdiction of of the Bureau of Land Management in the vi- Except as provided in sections 501(c) and the Bureau of Land Management in the vi- cinity of Steens Mountain, Oregon, as de- 702, there is hereby authorized to be appro- cinity of Steens Mountain, Oregon, as de- picted on the map referred to in section priated such sums as may be necessary to picted on the map referred to in section 605(a), consisting of a total of approximately carry out this Act. 605(a), consisting of a total of approximately 11,796 acres in exchange for the private lands 6,881 acres in exchange for the private lands SEC. 702. USE OF LAND AND WATER CONSERVA- described in subsection (b). TION FUND. described in paragraph (2). (b) RECEIPT OF NON-FEDERAL LANDS.—As (a) AVAILABILITY OF FUND.—There are au- (2) RECEIPT OF NON-FEDERAL LANDS.—As consideration for the conveyance of the Fed- thorized to be appropriated $25,000,000 from consideration for the conveyance of the Fed- eral lands referred to in subsection (a) and the land and water conservation fund estab- eral lands referred to in paragraph (1) and the disbursement referred to in subsection lished under section 2 of the Land and Water the disbursement referred to in subsection (d), the Lowther (Clemens) Ranch shall con- Conservation Fund Act of 1965 (16 U.S.C. 460l– (3), the Otley Brother’s, Inc., shall convey to vey to the Secretary a parcel of land con- 5) to provide funds for the acquisition of land the Secretary a parcel of land in the head- sisting of approximately 1,078 acres, as de- and interests in land under section 114 and to waters of Kiger gorge consisting of approxi- picted on the map referred to in section enter into nondevelopment easements and mately 505 acres, as depicted on the map re- 605(a), for inclusion in the Cooperative Man- conservation easements under subsections ferred to in section 605(a), for inclusion in agement and Protection Area. (b) and (c) of section 122. the Wilderness Area and the no livestock (c) TREATMENT OF GRAZING.—Paragraphs grazing area as appropriate. (2) and (3) of section 113(e), relating to the ef- (b) TERM OF USE.—Amounts appropriated (3) DISBURSEMENT.—Upon completion of fect of the cancellation in whole of the graz- pursuant to the authorization of appropria- the land exchange authorized by this sub- ing permit for the Fish Creek/Big Indian al- tions in subsection (a) shall remain available section, the Secretary is authorized to make lotment in the Wilderness Area and reassign- until expended. a disbursement to Otley Brother’s, Inc., in ment of use areas as described in paragraph Amend the title so as to read: ‘‘A bill to the amount of $400,000. (3)(D) of such section, shall apply to the land designate the Steens Mountain Wilderness (c) COMPLETION OF CONVEYANCE.—The Sec- exchange authorized by this section. Area and the Steens Mountain Cooperative retary shall complete the conveyances of the (d) DISBURSEMENT.—Upon completion of Management and Protection Area in Harney Federal lands under subsections (a) and (b) the land exchange authorized by this section, County, Oregon, and for other purposes.’’. E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 106 CONGRESS, SECOND SESSION

Vol. 146 WASHINGTON, TUESDAY, OCTOBER 3, 2000 No. 121 Senate (Legislative day of Friday, September 22, 2000)

The Senate met at 9:30 a.m., on the I pledge allegiance to the Flag of the time equally divided on the H–1B mat- expiration of the recess, and was called United States of America, and to the Repub- ter to be voted on at 10 o’clock. to order by the President pro tempore lic for which it stands, one nation under God, The PRESIDENT pro tempore. The indivisible, with liberty and justice for all. [Mr. THURMOND]. Senator is correct. f PRAYER Mr. REID. Mr. President, H–1B origi- RECOGNITION OF THE ACTING nated in our immigration laws in the The Chaplain, Dr. Lloyd John MAJORITY LEADER 1950’s so that trained professionals Ogilvie, offered the following prayer: could work for a limited time in the God of hope, You have shown us that The PRESIDENT pro tempore. The authentic hope is rooted in Your faith- acting majority leader is recognized. U.S. In 1990, a cap was set on the cat- egory for the first time of 65,000. fulness in keeping Your promises. We f hear Your assurance, ‘‘Be not afraid, I Employers in every industry and sec- am with you.’’ We place our hope in SCHEDULE tor of our economy, including manufac- Your problem-solving power, Your con- Mr. THOMAS. Mr. President, today turing, higher education, health care, flict-resolving presence, and Your anx- the Senate will begin final action on research, finance and others, have used iety-dissolving peace. the H–1B visa bill, with a vote on final it. Lord, You have helped us discover passage scheduled to occur at 10 a.m. Employers from major multinational the liberating power of an unreserved Following the vote, the Senate will companies to small businesses seeking commitment to You. When we commit proceed to executive session to debate individuals with specific skills needed to You our lives and each of the chal- four nominations on the Executive Cal- to grow their companies have used it. lenges we face, we are not only released endar. Under the previous order, there It became wildly popular in the mid from the tension of living on our own will be several hours of debate, with to late 90s following the Internet boom, limited resources, but we begin to ex- votes expected on the nominations dur- when hundreds of hungry tech startups perience the mysterious movement of ing this afternoon’s session. The Sen- across the country began using it to re- Your providence. The company of heav- ate may also consider any appropria- cruit high tech workers from informa- en plus people and circumstances begin tions conference reports available for tion technology jobs, mostly from to rally to our aid. Unexpected re- action. India, China, Canada, and Britain. sources are released; unexplainable I thank my colleagues for their at- Some 420,000 are here today. good things start happening. We claim the promise of Psalm 37, ‘‘Commit your tention. Those individuals have filled a crit- way to the Lord, trust also in Him, and f ical shortage of high-tech workers in He shall bring it to pass.’’—vs 5,7. You this country, which in fact, still exists AMERICAN COMPETITIVENESS IN today. are our Lord and Saviour. Amen. THE TWENTY-FIRST CENTURY f The American Competitiveness in the ACT OF 2000 Twenty-first Century Act of 2000 pro- PLEDGE OF ALLEGIANCE The PRESIDENT pro tempore. The poses to raise the caps for the number The Honorable CRAIG THOMAS, a Sen- Senator from Nevada is recognized. of H–1B workers that employers can ator from the State of Wyoming, led Mr. REID. Mr. President, it is my un- bring into the United States for the the Pledge of Allegiance, as follows: derstanding that we are now in the next 3 years.

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S9643

. S9644 CONGRESSIONAL RECORD — SENATE October 3, 2000 When Congress set the 65,000 cap on Demand for core information tech- myself such time as I may need to H–1Bs in 1990, it was not based on any nology workers in the United States is speak this morning. economic data or scientific study of expected to grow by 150,000 a year for Mr. President, the H–1B visa pro- the need. the next 8 years, a rate of growth that gram, which we will be addressing And, this limitation was not chal- cannot be met by the domestic labor today when we vote on the American lenged until 1997 when for the first supply alone. Competitiveness in the Twenty-first time the cap was reached at the end of H–1B workers create jobs for Ameri- Century Act, is the subject of much in- the fiscal year. cans by enabling the creation of new teresting debate in our country today. The following year the cap was again products and spurring innovation. One thing everybody agrees on is we reached, but this time by May 1998. The High-tech industry executives esti- face a serious worker shortage with re- cap has been reached earlier in each mate that a new H–1B engineer will spect to high-tech employment and successive year. typically create demand for an addi- skilled labor in America today. Most of In response to the increased demand, tional 3–5 American workers. the recent studies that have been pro- language was incorporated into the T.J. Rodgers of Cypress Semicon- duced on this subject indicate there are Omnibus Appropriations Act of 1998 to ductor testified last year before Con- perhaps as many as 1 million unfilled raise the cap on H–1B visas to 115,000 in gress that for every H–1B professional positions in information technology fiscal year 1999; and 115,000 in fiscal he hires, he creates at least 5 more U.S. today. The projections are that we will year 2000; and 107,500 in fiscal year 2001. jobs to develop, manufacture, package, be creating somewhere between 150,000 Under the Omnibus Act of 1998 the sell and distribute the products cre- and 200,000 new positions in these areas cap would return to its original level of ated. in each of the next 10 years. Yet in 65,000 after fiscal year 2001. H–1B workers are not driving down spite of the very lucrative and, I think, Despite the increases, continuing wages for native workers, in fact, substantive nature of these jobs, our economic growth has led many in the wages are rising fastest and unemploy- training programs, our college pro- technology sector particularly, to call ment rates are lowest in industries in grams, our high school programs are for a further increase in the caps. which H–1B workers are most preva- not producing enough American work- In fiscal year 1999 the INS reached lent. ers to fill these posts today. the H–1B cap in June and stated that High tech wages have risen 27 percent This presents us with a short-term there my have been more than 20,000 in the last decade, compared to 5 per- problem and a long-term challenge. additional visas issued over and above cent for the rest of the private sector. The short-term problem is how to fill the ceiling. The current unemployment rate for these key positions immediately so The higher demand for H–1B visas electrical engineers is 1.4 percent, 1.7 that we don’t lose opportunities to for- has continued in fiscal year 2000. percent for systems analysts and 2.3 eign competitors, or so that we don’t In March of this year, the INS percent for computer programmers. force American businesses to move off- stopped accepting new H–1B applica- The vast majority of H–1B workers shore to where skilled workers might tions, having enough cases in its pipe- are being paid the legally required pre- live. The long-term problem is to de- line to reach the cap. vailing wage or more, undercutting termine what we can do to make cer- In order to compensate for the de- charges that they are driving down tain that in the future we have a suffi- mand, the INS began processing peti- wages. cient workforce of trained Americans tions in August 2000 for workers who The H–1B program mandates that to fill these jobs, because it is quite are set to begin working fiscal year these individuals be paid the higher of clear to me that immigration can only 2001. the average wage paid to workers in an be a stopgap, short-term solution to Based on past years’ filling patterns, area, or what the employer pays their these problems. the INS may have as many as 60,000 U.S. workforce whichever is higher. I am pleased we have reached an cases already pending to count against H–1B workers in many cases, because agreement on this legislation across the 107,500 visas now available. of their unique or highly demanded the aisle with our colleagues because Most employers predict that the cur- skills, earn more than U.S. workers. we need to act today. The legislation rent visa allotment will expire before For the reasons mentioned I am before us will allow a short-term in- January. happy to support the American Com- crease in the number of skilled profes- There is no question we need to raise petitiveness in the Twenty-first Cen- sionals allowed to work in this country the cap for H–1B professionals. tury Act of 2000. on H–1B temporary visas and will help I have always been in support of H– The ability to fill gaps in the work- and encourage more disadvantaged 1B, as many of my colleagues have force with qualified foreign national young people to pursue studies related been. professionals rapidly, helps American to high-tech. It will assure those young But I have also been in support of the business stay strong. people of good jobs and good wages far Latino Immigrant and Fairness Act, Mr. President, I am happy to support into the future, and I believe it will which I am a cosponsor and which I H–1B. It is good legislation that is very also provide resources for the training continue to strongly support. important. I am disappointed that we and retraining of people in the work- But supporting one does not rule out are not voting at the same time on the force today, so they can begin to fill supporting the other. Latino and Immigrant Fairness Act, more of these positions as well. American industry’s explosive de- which we debated extensively last To help young people, this bill will mand for skilled and highly skilled week, and I am sorry to say that on a provide, we estimate, over 60,000 schol- workers is being stifled by the current straight party line vote we were pre- arships for American students in the federal quota on H–1B visas for foreign- vented from voting up or down on this math and science fields. Scholarships born highly skilled workers. issue. That is a disappointment to me like this have already been available as The quota is hampering output, espe- and to many millions of people in this a result of the American Competitive- cially in high-technology sectors, and country. I think the majority made a ness Act, which we passed in 1998—leg- forcing companies to consider moving terrible mistake in that regard. But islation that began the process of di- production offshore. Some companies that does not take away from the need verting application fees connected to already have. for the H–1B legislation we are going to the H–1B visas into scholarship and re- The number of H–1B visas was unlim- pass today. training funds. ited before 1990, when it was capped at I yield the floor. The bill’s training provisions will 65,000 a year. The PRESIDENT pro tempore. Who provide over 150,000 U.S. workers with In 1998 the annual cap was raised to yields time? access to training to help prepare them 115,000 for 1999 and 2000 and currently The Senator from Michigan is recog- for the high-tech jobs of today and to- there is a need once more to raise that nized. morrow. Interestingly, Mr. President, cap. Mr. ABRAHAM. The chairman of the there is overwhelming unanimity that The shortage shows no sign of abat- Judiciary Committee is not here. I be- we must act in this fashion if we are to ing. lieve he would approve of my yielding keep our economy strong. The support October 3, 2000 CONGRESSIONAL RECORD — SENATE S9645 from across the political spectrum for Let me just say that in the short there are more resources directed at this H–1B visa increase is strong, rang- term the only appropriate way we are education and the training of workers ing from the White House—not just the going to be able to deal with this is who are in the workforce today, it is current occupant and staff but such through an increase in the H–1B visa all part of what we must address or we people as former chief economic ad- program. But the long-term solution will find that in the global economy of viser to President Clinton, Laura cannot be based on immigration alone. the 21st century our competitive edge D’Andrea, Federal Reserve Chairman Indeed, this program is only a 3-year is going to be somewhat reduced. We Alan Greenspan, and legislative leaders increase. certainly don’t want that to happen. on both sides of the aisle. I think it is clear that the world now I compliment Senator HATCH for his Indeed, in hearings we have con- is competing. Virtually any country ongoing leadership on this issue. We ducted in the Immigration Sub- that wants to be competitive is work- have worked together since 1998 when committee, we have heard from people ing hard to attract the most talented we passed the American Competitive- throughout industry in America, not and skilled people to their country and ness Act. He has been a leader on these just the high-tech companies we think to their businesses to create strength issues for many years. His leadership in of when we think about these workers in their economies. Thus, America the passage of this legislation, and his but people who employ high-tech work- must, in addition to the passage of to- willingness to come to the floor and ers in other phases and forms of manu- day’s legislation, focus even more of work over a very long period of time to facturing across the board; they have our resources and more of our atten- make sure this bill, which we passed all indicated that the need to fill these tion on the important need of both en- out of the Judiciary Committee by an provisions is significant and imme- couraging young people to pursue ca- overwhelming vote many months ago, diate. Indeed, we received countless reers in math, science, engineering, finally, today, gets the consideration it pieces of information that led to a computer sciences, and so on but also deserves. I think he deserves all of our pretty clear indication that if we don’t in retraining workers to try to fill thanks. Hopefully, this process will allow these technically skilled workers more of these positions because I pre- now move quickly towards completion, to come here, companies will be forced dict that in the very near future immi- and we will be able to provide the addi- to move product lines, divisions per- gration will not even come close to tional workers needed to make sure the haps, and whole operations overseas. That won’t help Americans. That will meeting our employment needs with key positions in technology in our cost Americans jobs. Of course, there respect to these high-tech positions. country will be filled. For those reasons, the provisions I say also to those who have raised are those who have criticized this pro- which were launched in the 1998 Amer- some of the other immigration-related gram over the years—people who are ican Competitiveness Act, and which issues that as chairman of the sub- protectionist in their views on these are strengthened even in this legisla- committee, I remain anxious to con- sorts of issues. But it is important to tion, I hope by the time we finish this make sure the record is clear that we tinue to work with people—whether it process, will provide even more re- can build in protections for American is on the H–2A visa program, the agri- workers to make certain that they can- sources for education and training cultural workers issues, or Latino fair- not be taken advantage of through the which are key to the long-term needs ness issues, and so on. It is unfortunate high-tech H–1B program. that we have in this country. that we couldn’t come to an agreement Indeed, in 1998 we addressed many, if They alone will not be enough be- on this legislation some months ago not all, of the issues which were raised cause it is pretty obvious that to gen- when we were trying to work out an with respect to H–1B visas and the pos- erate the kind of skilled workforce in agreement. But certainly the sub- sible displacement of Americans work- the 21st century needed to fill the sorts committee intends to continue to focus ers. of technology positions that are going on these issues into the future. I look In 1988, the bill wrote into law three to be created, whether they are posi- forward to working with my colleagues types of lay-off protections for Amer- tions in the research area or manufac- on all of these. ican workers. And we have also, of turing area or anywhere else, requires In conclusion, I thank Senator HATCH course, included in the H–1B program us to go well beyond even what we will for working with me on this. I appre- requirements that the prevailing wage have in this legislation. ciate his leadership very much. be paid to people who come in under I am very dedicated to working to I yield the floor. this program so companies cannot make sure that we provide the Federal Mr. MCCAIN. Mr. President, I rise game the system and somehow or an- support necessary to make it possible today to express my strong support for other in any way pay foreign workers for those kinds of technology positions S. 2045, the American Competitiveness less and thus deprive American work- to be filled by American workers. But in the Twenty-First Century Act. Al- ers of opportunities. But, as I said, it is going to take a comprehensive ef- though it deals ostensibly with the visa whether it is the Silicon Valley or the fort—an effort that is not just a Fed- cap on foreign-born high-tech workers, Research Triangle or the traditionally eral program but one that incorporates its effect would be far more profound— well-known high-tech sectors or wheth- the private sector as well as the public to enhance the dynamism of the Amer- er it is in my State of Michigan, the sector, the corporate sector, and the ican economy at a time when U.S. com- need for these workers is extraor- government sector at all levels, and to panies, if given access to the necessary dinarily strong. involve our education system at all resources, are poised to dominate the For instance, the Michigan Economic levels or we will find ourselves seeing Information Age for decades to come. Development Corporation is spending foreign competitors gaining ground on As the representatives of the American $2.7 million on an ad campaign and a America when it comes to leading the people, we in Congress should do all we revamped web site to attract knowl- world with respect to advanced tech- can to contribute to their potential for edgeable workers to our State. The nologies. success in the global economy. head of our economic development di- This means that not only must we I am convinced that the best thing vision says we are the only State to make sure that the students today get government can often do to advance fully redirect our resources to recruit- the training they need but that the col- the fortunes of the private sector is to ing businesses for recruiting workers lege programs be expanded and the re- stay out of its way. I support this bill to Michigan. Indeed, in one county training programs be generated. It also because it makes progress toward that alone—Oakland County—the estimate means that we must address so many end, by improving companies’ flexi- is that we currently need 10,000 engi- other issues—whether it is passing our bility to hire the talent they need, neers just to fill the positions that are Millennium Classrooms Act which will while providing for the regulatory projected to be needed today and in the provide more computer courses for the framework and new educational oppor- immediate future. If we can’t find classrooms of America, especially tunities to protect and promote Amer- those people, those companies and the those in the economically disadvan- ican workers. By raising the arbitrary jobs that are connected to those engi- taged areas or whether it means work- cap on temporary immigrant visas for neering jobs will go elsewhere. It is a ing together in a collaborative effort skilled foreign workers—a cap set in challenge that we must address. with the private sector to ensure that 1990 and insufficiently increased in S9646 CONGRESSIONAL RECORD — SENATE October 3, 2000 1998—this legislation gets government skilled American workers. My bill, S. partnerships in K–12 math, science, and out of the way of American companies, 1804, the 21st Century Technology Re- technology through National Science universities, and research labs which sources and Commercial Leadership foundation grants, as my legislation simply cannot hire the skilled profes- Act, addresses the need to improve originally proposed. Inclusion of these sionals they need in the domestic labor Americans’ skills in math, science, en- provisions drawn from S. 1804 signifi- market because of an arbitrary, anach- gineering, and technology in order to cantly strengthens the final bill we are ronistic cap on H–1B visas that does maintain our world leadership in high- voting on today. As originally intro- not reflect the forces of supply and de- tech fields. Several other bills before duced, S. 2045 did not contain these mand in the American economy today. Congress would raise the H–1B visa cap, components, and I am pleased that the T.J. Rodgers, president and CEO of but focus less on the long-term goal of sponsors were able to incorporate Cypress Semiconductor Corporation, educating and training Americans to them. captures best the logic of the H–1B pro- fill available high-tech jobs. Ultimately, the answer to the short- gram when he says, ‘‘It takes two per- S. 1804 would encourage innovation age of highly skilled workers must be cent of Americans to feed us all, and in improving elementary and sec- found at home, in the form of a new five percent to make everything we ondary education in math, science, and generation of Americans educated in need. Everything else will be service engineering, as well as provide power- the skills demanded by our knowledge- and information technology, and in ful incentives to retrain American based economy in this ear of that world humans and brains will be workers who lack the skills to compete globalization. In the meantime, raising the key variable. Any country that in the high-tech economy. In the in- the H–1B cap is the right thing to do. S. would limit its brain power to a single terim, to provide for the requisite num- 2045, by increasing high-tech visa ad- select group from that country alone is ber of highly skilled professionals until missions while devoting new resources going to self-destruct.’’ we have educated and trained a suffi- to the education and training of Amer- The American Competitiveness Act cient number of Americans to fill these ican students and workers, represents of 1998, which I co-sponsored, raised the jobs, the bill would lift the cap on H–1B the way forward for the United States annual cap on H–1B visas for skilled visas through 2006. All current infor- as we seek to sustain our leadership in professionals from 65,000 in Fiscal Year mation indicates that the supply of the Information Age. I commend its 1998 to 115,000 in both FY 1999 and FY American professionals in the math, swift passage to my colleagues on both 2000, and to 107,500 in FY 2001. Nonethe- science, engineering, and technology sides of the aisle. less, even the higher number of H–1B fields will not meet the demand of Mr. BROWNBACK. Mr. President, I admissions authorized by Congress for American industries through at least stand in support of the American Com- FY 1999 was reached only eight months that date. petitiveness in the Twenty-First Cen- into that fiscal year, and the FY 2000 Specifically, S. 1804 provides for tury Act (S. 2045) which I have co-spon- sored with Senators ORRIN HATCH and cap was reached in March 2000, or only grants to be awarded under the super- SPENCER ABRAHAM. This legislation six months into the current fiscal year. vision of the Secretary of Commerce in S. 2045 authorizes an increase in the consultation with the Office of Tech- would increase the number of H–1B annual H–1B cap to 195,000 through FY nology Policy and the National Science visas for skilled labor available to U.S. 2002. All evidence indicates an increase Foundation, on a competitive basis, for employers from 115,000 to 195,000 slots, is warranted. However, there is little implementing programs that will im- starting next fiscal year, among other evidence supporting the specific figure prove the math, science, engineering, measures. This is direly needed legislation. of 195,000. In fact, industry estimates of and technology skills of American stu- Alarmingly, this year’s allotment of H– the number of unfilled high-tech jobs dents and professionals. The types of 1B visas ran out very early this year, in range from 300,000–800,000. programs to be awarded grants are not March. As a result, hundreds of thou- The original H–1B visa ceiling of specified so that Congress does not un- sands of highly skilled positions have 65,000, enacted in 1990, did not ade- intentionally foreclose new and more gone unfilled throughout America. quately foresee American companies’ innovative ideas from surfacing. The America is currently riding a very need for high-tech foreign workers. As grants would be funded from current high wave of record economic growth, this year’s Judiciary Committee report H–1B visa application fees and could be unmatched in our generation. With accompanying S. 2045 states, by 1998 awarded to companies, organizations, that expansion, the number of avail- ‘‘access [to skilled foreign personnel] schools, school districts, teachers, and able jobs which have gone unfilled has was being curbed by a cap on H–1B institutions of higher learning. increased dramatically. Unfortunately, visas put in place almost a decade ear- My legislation would use H–1B visa we have begun to place a cap on this lier, in 1990, when no one understood fees to encourage innovation in our extraordinary economic expansion by the scope of the information revolution schools, to teach American students limiting the pool of skilled laborers that was about to hit.’’ Yet, our impor- the skills they will need to succeed in that companies can draw upon by the tant 1998 legislation raising the H–1B the 21st century economy, and in our present limited visa allotment. caps similarly missed the mark by un- companies, to train and retain Amer- The hardest hit sector is the com- derstating domestic demand for highly ican workers in the high-tech skills puter industry. This industry functions trained professionals. As the 2000 Com- American businesses rely upon. The in six months cycles, with new prod- mittee report states, ‘‘In fact, in 1998, legislation would support corporate ucts being developed and marketed the error Congress made was in under- partnerships with schools or school dis- within this short period of time. The estimating the workforce needs of the tricts to improve math and science cur- computer industry suffers a severe lack United States in the year 2000. . . . As ricula; scholarships for students will- of qualified information technicians. a result, the 1998 bill has proven to be ing to study advanced engineering or Less workers means a longer develop- insufficient to meet the current de- technology fields, and for those who ment period which means a loss of mand for skilled professionals.’’ agree to teach math or science for a pe- competitive edge. This ultimately re- While I strongly support passage of riod of time after graduating college; sults in a loss of market, business and this legislation to increase H–1B visa and innovative worker training and re- jobs. In this scenario, everyone loses, admissions, I also wonder: given Con- training programs within American including the economy, American con- gress’ shortsightedness each time we companies. It leaves open grant sup- sumers, companies and workers. have attempted to forecast the private port for any proposal that promises to To avoid this wasteful and unneces- sector’s demand for highly skilled improve the American talent pool in sary result, we must adopt this legisla- workers, how are we to know this time high-tech fields. tion and expand the visa slots so that that we have struck the right balance? Although I regret that the Congress American companies can continue to To resolve this dilemma, I introduced chose not to take this approach in grow. This is an urgent problem which legislation on October 27, 1999, that favor of that proposed by S. 2045, I cannot wait until next year. If we fail would lift the H–1B ceiling while focus- commend the sponsor of the pending to pass this legislation, we could sig- ing more heavily on the underlying legislation for incorporating provisions nificantly jeopardize our notable com- problem resulting in a shortage of involving public-private education petitive edge in a fierce global market. October 3, 2000 CONGRESSIONAL RECORD — SENATE S9647 Some falsely charge that this legisla- Senate action to increase the ceiling centives for businesses who provide IT tion gives away our most lucrative on H1B visas for the next three years, training for workers, I am very pleased jobs, while skipping over American however, is also a warning that we are that S. 2045 authorizes funding for workers. This is not true. Clearly, not providing sufficient incentives or high-tech partnerships, as I proposed in American employers would rather se- education opportunities to encourage S. 2347, through the Department of lect American workers first over for- our young people, as well as individuals Labor. Funding for the training would eign guest workers who must be proc- of all ages, to consider careers or re- come from the fees collected under the essed through a burdensome immigra- training in information technology. In H–1B visa program. S. 2045 also expands tion bureaucracy involving significant 1998, Congress passed legislation to in- K–12 training for educators in IT time delays and complications. This crease the number of H1B visas for through the National Science Founda- visa process is costly and cumbersome skilled workers to enter the U.S. At tion, including the professional devel- for employers, and can easily be avoid- that time, the Department of Com- opment of math and science teachers in ed by hiring American workers. How- merce reported a shortage of 600,000 the use of technology in the classroom. ever, American businesses cannot fill skilled IT workers in the U.S. Since Expanding opportunities for IT train- these positions with only American 1998, the demand for skilled workers ing for educators was another impor- workers anymore and are forced to has increased dramatically. tant objective in S. 2347. S. 2045 also search overseas for badly needed tal- Earlier this year, the Information helps our educational and research ent. Our economy has expanded that Technology Association released its communities by exempting them from most recent report, ‘‘Bridging the significantly and these workers are the cap on recruiting skilled academic Gap’’, on the demand for skilled IT needed that badly. professionals. If we do not allow American-based workers in the U.S. That report esti- Finally, I would like to express par- mated a shortage of more than 843,000 businesses to meet this skilled labor ticular appreciation to the managers of skilled workers. Moreover, the Depart- need, some may move their operations the bill for accepting my amendment ment of Labor projected that the U.S. to other countries which will gladly ac- regarding J–1 visa waivers. My amend- economy will require more than 130,000 commodate them. Why would we en- ment will improve underserved com- new IT workers every year for the next courage this unfortunate result when ten years. Clearly, with our rapidly ex- munities’ access to physician services we can attain just the opposite, that of panding economy, and the critical need by ensuring the Conrad State 20 J–1 attracting new and vibrant businesses, to maintain our leadership in informa- visa waivers do not count against the by expanding our labor pool? tion technology, we face an extraor- H–1B visa cap. In addition to the new visa allot- Mr. President, the shortage of skilled dinary challenge from this shortage of ments, this legislation creates 20,000 high-tech workers will continue to be a skilled high-tech workers. As econo- new college scholarships to train mies throughout the world recover, major issue during the 107th Congress, American workers in greater numbers. particularly in Asia, we cannot con- and I believe it will be necessary for us This encourages more degrees among tinue to assume that we will meet our to provide additional training incen- Americans in math, computer science, demand for high-tech workers by in- tives in the coming years to meet the and engineering—all areas of expertise creasing the cap on HIB visa every few growing domestic demand for IT work- presently suffering a shortage. Thus, years. ers. As I noted earlier, as economies this bill addresses both present and fu- Throughout this debate on the IT throughout the world continue to ex- ture worker needs. worker shortage since 1998, I have rec- pand, and countries including Singa- On October 1st the new fiscal year ommended incentives to encourage IT pore, China, and Malaysia develop their began, and the Immigration and Natu- worker training and partnerships be- own high tech corridors, it will be dif- ralization Service estimates that we tween businesses and the education ficult to recruit high-tech workers will use up the entire allotment of H– community. Earlier in the 106th Con- from these Asian countries to fill posi- 1B visas before the end of this Decem- gress, I introduced legislation, S. 456, tions in the U.S. ber. In other words, the H–1B visa al- to authorize a tax credit of up to $6,000 In my view, rather than continue our lotment will be used up in three for employers who provide IT worker dependence on H1B visa holders to months. That leaves the balance of training. Unfortunately, the Senate meet our skilled worker demand, we nine months of no additional visas for has not yet adopted this legislation. I must expand our efforts to encourage desperate American computer compa- am, however, very pleased that Vice young people to consider careers in in- nies, among other businesses, which President GORE has recognized the im- formation technology and to train cur- will suffer this serious lack of workers. portance of this IT worker training in- rent workers to enter the IT field. This That’s bad business and bad politics, centive and included this proposal as a will continue to be a top priority for which can be corrected with this bill. priority on his information technology me during the 107th Congress, and I Americans continue to dream bigger agenda. look forward to working with my col- and create greater innovations, gener- More recently, I also introduced S. leagues and the information tech- ating an unmatched prosperity which 2347, the Information Technology Act nology community on this critical we should encourage, not discourage. of 2000, to encourage IT training part- issue. I commend my colleagues on the That’s why we should support the nerships between universities or col- Senate Judiciary Committee for re- American Competitiveness in the leges and the information technology porting a measure that provides impor- Twenty-First Century Act of 2000. community through a program of tant incentives for IT training as well Mr. CONRAD. Mr. President, today matching Federal grants. I urged that as expanded education and training op- the Senate will complete action on one these partnerships focus on training for portunities for teachers through the of the most important bills in the 106th Americans that have traditionally not National Science Foundation. Congress, S. 2045, the American Com- participated in the growth in informa- Mr. HATCH. Mr. President, I reserve petitiveness in the 21st Century Act, tion technology—women, veterans, Na- the remainder of our time. legislation that will help ensure our tive Americans, dislocated workers, Mr. LEAHY. Mr. President, how nation’s continued growth and leader- seniors, and students who have not much time is remaining on this side of ship in information technology (IT). S. completed their high school diploma. I the aisle? 2045 will authorize visas for 195,000 am especially pleased to have had such The PRESIDING OFFICER (Mr. high-tech professionals to work in the strong endorsements for this proposal THOMAS). The Senator from Vermont U.S. to meet the growing demand for from groups including the Disabled has 10 minutes. The Senator from Utah skilled IT workers throughout our Veterans of America, National Edu- has 1 minute 2 seconds. economy. The legislation also author- cation Association, American Associa- Mr. LEAHY. Mr. President, I am very izes long term initiatives to ensure tion of University Women, Green pleased the Senate is poised to pass that Americans of all ages are trained Thumb and the Computing Technology legislation to increase the number of to fill critical IT positions in our Infor- Industry Association. H–1B visas. The bill that we will pass mation Age economy. I am pleased to Mr. President, while I regret that we today is the result of long negotia- strongly support this legislation. have not been able to authorize tax in- tions. It is significantly improved from S9648 CONGRESSIONAL RECORD — SENATE October 3, 2000 the version reported from the Judici- er shortages in certain key areas of our S. 2045 to investigate possible H–1B vio- ary Committee earlier this year. economy, and I have been involved in lations. This is an important step that will promoting efforts to ease those short- I continue to believe that we could allow American employers to com- ages. Last year, I cosponsored the have passed this legislation many pensate for the current shortage in HITEC Act, S. 1645, legislation that months ago. The Judiciary Committee highly skilled employees by hiring Senator ROBB has introduced that reported S. 2045 more than six months such employees from abroad. would create a new visa that would be ago, with my support. During this long Thanks to the efforts of Senators available to companies looking to hire stretch of inactivity, it has often ap- KENNEDY, LIEBERMAN, FEINSTEIN, and recent foreign graduates of U.S. mas- peared that the Republican majority others, this bill also includes strong ter’s and doctoral programs in math, has been more interested in gaining education and worker training compo- science, engineering, or computer partisan advantage from a delay than nents. That is going to help American science. in actually making this bill law. The workers and students to erase the Although S. 2045 uses a broader ap- Democratic Leader said repeatedly skills shortage. proach, the goals are similar. Allowing that he wanted to pass a bill, and that No one on this side of the aisle sees workers with specialized skills to come although Democratic members did H–1B visas as a permanent solution. It to the U.S. and work for 6-year periods, want the opportunity to offer amend- is a stopgap until our renewed commit- as the H–1B visa does, helps to allevi- ments, he was ready to agree to limit ment to education and training pays ate worker shortage. In the recently debate on those amendments so that dividends. I would like to thank all of ended fiscal year, 115,000 such visas we could conclude all work on this bill those in the corporate world who have were available, and they ran out well in a single day. Those offers were supported our efforts on education and before the fiscal year ended. That is rebuffed again and again by the major- training. why we have to change the law now. ity. Although I am happy about the pas- If we do not change the law, there Months went by in which the Repub- sage of this bill, I am somewhat dis- will actually be fewer visas available in lican majority made no attempt to ne- appointed in the severe way in which fiscal year 2001, as the cap drops to gotiate with us, time which many debate on this bill was restricted. 107,500. This will simply be insufficient members of the majority instead spent I had hoped that our consideration of to allow America’s employers—particu- trying to blame Democrats for the this bill would allow us to achieve larly in the information technology in- delay in their bringing this legislation other crucially important immigration dustry—to maintain their current to the floor. At many times, it seemed goals that have been neglected by the rates of growth. As such, I think that that the majority was more interested majority throughout this Congress. we need to increase the number of in casting blame upon Democrats than I had hoped that the Republican ma- available visas dramatically. The bill in actually passing legislation. Instead jority could agree to at least vote on, if we will vote on today accomplishes of working in good faith with the mi- not vote for, limited proposals designed that goal, increasing the number of nority to bring this bill to the floor, to protect Latino families and other visas to 195,000 for FY 2001. It also con- the majority spent its time trying to immigrant families. tains a provision that will allow edu- convince leaders in the information I had hoped that the majority would cational institutions to use H–1B visas technology industry that the Demo- consider proposals to restore the due without counting against the cap, cratic Party was hostile to this bill, process that was taken away from im- which will greatly help our colleges which was always false. Considering migrants by the immigration legisla- and universities, which are often on a that three-quarters of the Democrats tion that Congress passed in 1996. different hiring schedule than our na- on the Judiciary Committee voted for I thought we could work together to tion’s other employers and have been this bill, and that the bill has numer- restore some of America’s lost luster shut out in the past from obtaining ous Democratic cosponsors, including on immigration issues. That did not needed visas. Senator LIEBERMAN, this partisan ap- happen. Of course, H–1B visas are not a long- peal was not only inappropriate but ab- Still, we did have a vote on the term answer to the current mismatch surd on its face. Latino and Immigrant Fairness Act between the demands of the high-tech I do regret that we have not made that showed where the Senate stood on industry and the supply of workers more progress on the longstanding pro- issues of extreme importance to the with technical skills. Although I be- posals that have been combined now Hispanic community, Eastern Euro- lieve that there is a labor shortage in under the Latino and Immigrant Fair- peans, and the Liberians. On that vote, certain areas of our economy, I do not ness Act. These provisions had been regrettably, every Republican voted believe that we should accept that cir- proposed throughout this Congress, and no. They refused to even consider the cumstance as an unchangeable fact of in some cases in previous Congresses. amendment. We should have had a life. We need to make a greater effort They are solid, pro-family proposals vote. Senators should have the polit- to give our children the education they that would reward immigrants who are ical courage to either vote for it, or need to compete in an increasingly working and paying taxes in the United vote against it. technology-oriented economy, and States. But the Republican majority— I hope my Republican colleagues offer adults the training they need to as has been shown repeatedly on the have the chance to reevaluate their po- refashion their careers to suit the Senate floor over the past week—re- sition. The President has said he wants changes in our economy. This bill fused even to consider these proposals, Congress to address these issues before takes significant steps to improve our instead branding them as rewards for we adjourn. Many Democratic Members education and training programs. Since illegal immigrants. of Congress and I join him in that view, employers pay a $500 fee for a visa, in- Thankfully, the President has taken and we will continue to work to see creasing the number of visas will lead action to provide temporary protection that this Congress addresses the real to an increase in revenue generated for for the Liberians who faced imminent needs of real people, whether they be worker training programs, scholarships return to their conflicted nation, and native-born or immigrant. for disadvantaged students, and fund- who would have been protected by the Both my mother and my wife are ing for public-private partnerships to LIFA legislation. It is shameful that first-generation Americans. I think if improve science and technology edu- the Congress has not taken action on Congress had taken some of the atti- cation. the Liberians’ behalf, despite the dog- tudes toward immigration that some I also want to note that the legisla- ged and dedicated efforts of Senator take today when their families were tion extends current law’s attestation JACK REED. seeking to enter the United States, nei- requirements. These requirements I am worried about the things we ther might be in this country. force employers to certify that they have not done on immigration issues in I agree that we need to increase the were unable to find qualified Ameri- this Congress. It is a disturbing but in- number of H–1B visas. The stunning cans to do a job that they have hired a creasingly undeniable fact that the in- economic growth we have experienced visa recipient to fill. The Labor De- terest of the business community has in the past eight years has led to work- partment also retains authority under become a prerequisite for immigration October 3, 2000 CONGRESSIONAL RECORD — SENATE S9649 bills to receive attention on the Senate the front pages of America’s news- a decade, and it has been a tremendous floor. In fact, we are in the final days papers. Imagine what happens to such success in allowing American citizens of the Congress, and this is the first people when they are forced to return to travel to some of our most impor- immigration bill to be debated on the to their native lands. tant allies for up to 90 days without ob- floor. Even humanitarian bills with bi- I also urge the Senate to take up S. taining a visa, and in allowing citizens partisan backing have been ignored in 3120, the Immigrant Fairness Restora- of those countries to travel here under this Congress, both in the Judiciary tion Act, which was introduced by Sen- the same terms. Countries must meet a Committee and on the floor of the Sen- ators KENNEDY and BOB GRAHAM. This number of requirements to participate ate. bill would go a long way toward in the program, including having very The majority has shown a similar undoing the damage done to due proc- low rates of visa refusals. Of course, lack of concern for proposals by Sen- ess by the 1996 immigration laws, and the visa waiver does not affect the need ators to restore the due process protec- the House has already passed related, for international travelers to carry tions were removed by the passage of bipartisan legislation. Among other valid passports. the Antiterrorism Death Penalty Act things, S. 3120 would eliminate the ret- Despite having expressed no sub- and the Illegal Immigration Reform roactive features of those laws, which stantive objection to this bill, the ma- and Immigrant Responsibility Act 4 have led to the deportation of legal jority refused to allow this legislation years ago. permanent residents who committed to go forward for months. I note for the There are still many aspects of those relatively minor crimes decades ago. I record that every single Democratic laws that merit our careful review and have sponsored legislation that would Senator said they would vote for this rethinking, including the inhumane at the very least provide due process to bill. Those from the business commu- use of expedited removal, which would those who have served in our Armed nity and elsewhere who asked about be sharply reformed by S. 1940, the Ref- Forces, the Fairness for Immigrant the bill were assured by Senator ugee Protection Act, which I have in- Veterans Act, S. 871. This legislation DASCHLE, Senator REID and I that troduced with Senator BROWNBACK and has been endorsed by the American Le- every single Democratic Senator sup- our 10 cosponsors. gion, the Vietnam Veterans of Amer- ported this. But the Refugee Protection Act has ica, and other veterans’ groups. The Even though the travel industry and not even received a hearing in the Ju- Republican majority has refused to the State Department urged Repub- diciary Committee, despite my re- consider even this narrow reform. licans to allow this legislation to pass, quests as ranking member. This is As important as H–1B visas are for and even though the visa waiver pilot quite unusual, because every com- our economy and our nation’s employ- program had expired April 30, the ma- mittee I have served upon has honored ers, this is not the only immigration jority refused to let this bill go for- such requests on the part of the rank- issue that faces our nation. Although ward. They apparently held the bill to ing member. When I was chairman, any the legislation we are concerned with use as leverage to promote unrelated request made by a ranking member was today is good legislation, it does not legislation, just a chit to be used when- honored. Indeed, I have never seen any- test our commitment to the ideals of ever it seemed to fix a whim. I am glad thing like this, especially on a bill that opportunity and freedom that America they finally have reversed course. has such bipartisan support. has represented at its best. Those tests The House passed legislation months The bill addresses the issue of expe- will apparently be left for another day, ago to make this program permanent, dited removal, a process under which or another Congress. heeding the calls of American tourists aliens arriving in the United States In closing, I commend our leaders in and business people who are able to can be returned immediately to their this matter: Senator DASCHLE, Senator travel to almost 30 other nations with native land at the say-so of low-level HARRY REID, Senator KENNEDY, and only a passport because of the pro- INS officers. Expedited removal was their able staffs. In particular, I would gram. By playing political games, the the subject of a major debate in this like to thank Andrea LaRue with Sen- Senate jeopardized our relationships Chamber in 1996. The Senate voted to ator DASCHLE, Eddie Ayoob with Sen- with the other nations who take part use it only during immigration emer- ator REID, Esther Olavarria and Melody in the program. Thankfully, we have fi- gencies. The Senate-passed restriction Barnes with Senator KENNEDY and the nally moved beyond these games and was removed at probably the most par- Democratic staff of the Immigration are set to send this legislation back to tisan conference committee I have ever Subcommittee, and Tim Lynch with the House for final approval. witnessed. The Refugee Protection Act my Judiciary Committee staff. I have I would like briefly to note the inclu- is modeled closely on the 1996 amend- not heard thanks from the other side. I sion of an amendment in the visa waiv- ment. I hope someday we can pass it. thank Senator ABRAHAM and his staff er bill that is of major importance to We should. for cooperation in improving the bill my State of Vermont and many other As a result of the adoption of expe- and Senator HATCH for allowing the States. This provision extends the EB– dited removal, we now have a system of matter finally to proceed to conclu- 5 immigrant investor pilot program, removing people arriving here either sion. I also thank Lee Otis and Stuart which allows foreign investors to ob- without proper documentation or with Anderson with Senator ABRAHAM and tain resident status in return for sub- valid documents that INS officers sus- Sharon Prost with Senator HATCH for stantial investments in regions that pect are invalid. This policy ignores their hard work on this legislation. are not sharing in the general Amer- the fact that somebody who is fleeing a VISA WAIVER PERMANENT PROGRAM ACT ican prosperity. In my State, this pro- despotic regime is quite often unable In addition to passing S. 2045, the gram is starting to bear fruit—I am to go in and get a passport from the Senate has also agreed to pass H.R. happy that we are extending it for an same regime they are trying to flee, ei- 3767, legislation to make the visa waiv- additional three years so that we can ther because of religious persecution or er pilot program permanent. We pass ensure that its potential is realized. some other type of persecution. The this legislation only because Senator In conclusion, I would like to thank only way to get out of there is with a DASCHLE worked with Senator KEN- Senator KENNEDY for all of his work on forged passport. NEDY and me to make sure that the immigration issues, from H–1B to visa In the limited time that expedited re- majority agreed to release its hold on waiver to the countless proposals he moval has been in operation, we al- the bill as part of our broader agree- has initiated and supported to help im- ready have numerous stories of valid ment on H–1B legislation. I hope that migrant families. He has consistently asylum seekers who were kicked out of Senator DASCHLE’s commitment to this worked across the aisle with Senators country without the opportunity to bill is appreciated by the thousands of HATCH and ABRAHAM to achieve the convince an immigration judge that American travelers who benefit from best possible solutions to our immigra- they faced persecution in their native it. tion problems. Immigrants in America lands. To provide just one example, a This legislation will achieve the im- should understand they have a devoted Kosovo Albanian was summarily re- portant goal of making our visa waiver ally in the senior Senator from Massa- moved from the United States after the program permanent. We have had a chusetts, Mr. KENNEDY. And I thank civil war in Kosovo had already made visa waiver pilot project for more than our Democratic Leader TOM DASCHLE S9650 CONGRESSIONAL RECORD — SENATE October 3, 2000 for his commitment to getting this term solution to the workforce needs thank Bruce Cohen and Tim Lynch of matter concluded without additional in my State and the country. The long Senator LEAHY’s committee staff. unnecessary delay. They and their term solution lies with our own chil- Have the yeas and nays been ordered? staffs, along with the staff of our Re- dren and our own workers. Our contin- The PRESIDING OFFICER. They publican counterparts, were instru- ued success in this global economy de- have not. mental in moving this matter to pas- pends on our ability to ensure that Mr. HATCH. I ask for the yeas and sage. education and training for our current nays. I thank all on both sides. and future workforce matches the de- The PRESIDING OFFICER. Is there a The PRESIDING OFFICER. The Sen- mands in our high tech 21st century sufficient second? ator from Utah. There is a sufficient second. global economy. Working with my col- The yeas and nays were ordered. Mr. HATCH. This is a very important leagues, I have included in this bill Mr. LEAHY. Mr. President, I note bill. This is a bill that both sides have strong, effective, and forward looking that each of the component parts of said they wanted for a long time. I provisions directing the several hun- the Latino and Immigrant Fairness have to say it is pitiful that we had to dred million dollars in fees expected to Act were filed long before July 25. go through three cloture votes because be generated by the visas toward the Democratic Senators repeatedly asked it was filibustered three times. Even education and retraining of our chil- for hearings on this proposal, and those the motion to proceed was filibustered dren and our workforce. Those provi- requests were repeatedly denied. by colleagues on the other side. They sions are included in the substitute It is not fair to say that this legisla- have tried to make this into a political which is before us today. tion is neither ‘‘Latino’’ nor ‘‘fair.’’ If brouhaha which it doesn’t deserve. Mr. President there are many to anybody wants to know whether it is Further, when they also brought up a whom I want to express my gratitude something that the Latino community bill that they did not even file until this morning. This legislation had, wants and whether the Latino commu- July 25 of this year, the Latino and Im- from the beginning, an effective group nity thinks it is fair, just ask them. migrant Fairness Act, which is any- of Senators at the forefront. That in- They will tell you the Latino fairness thing but fair. They brought that up cluded Senator ABRAHAM, a leader on bill is supported by the Latino commu- and asked, without hearings, without 1 this issue for many years, as well as nity and it is a fair bill. minute of consultation, that we have a Senator GRAMM from Texas. On the I do thank my chairman, my close rolling amnesty for up to 2 million ille- other side of the aisle, we were joined friend, that we are getting this gal aliens—perhaps even more than early on by Senators GRAHAM, FEIN- through. that; certainly they admit to at least STEIN, and LIEBERMAN, and all have Mr. HATCH. Mr. President, let me 500,000. It shows the length to which continued their commitment to the just take a minute to respond to some politics can go in this body. continued improvement of our bill. And of the comments of my colleague, Sen- I am glad we are at this point. It finally, Mr. President, I want to thank ator LEAHY. The so-called Latino Fair- took continual effort by our leader to Senator KENNEDY for his hard work and ness Act has little to do with fairness push this bill through. There were his tireless dedication to ensuring ef- for immigrants. This is no limited many times when we thought we might fective training provisions in this bill measure to undo a previous wrong to a have to pull it down because of the op- for American workers. I would be re- limited class of immigrants who other- position from the other side. miss were I not to also mention Sen- wise might have been eligible for am- But today, I look forward to an over- ator PAT LEAHY—the committee’s nesty under the 1986 act. In fact, it is a whelming vote this morning on this ranking member. He approached this major new amnesty program with a important, bipartisan bill and hope bill in the spirit of bipartisanship and price tag of almost $1.4 billion. That that by week’s end, the House of Rep- facilitated its consideration both here has major implications for our national resentatives will have acted favorably on the floor and in committee. policy on immigration. and with dispatch as well. Mr. President. I look forward to The bill purports to be about ‘‘immi- One of our greatest priorities, Mr. working with my colleagues in the grant fairness,’’ but it does nothing to President, is and ought to be keeping other body in the coming days to see increase or preserve the categories of our economy vibrant, and expanding that this bill becomes law. legal immigrants allowed in this coun- educational opportunities for Amer- I hope we can get this done for Amer- try annually. It does nothing to short- ica’s children and its workers. That is ican workers and children and for our en the long waiting period or remove my priority for this country and for continued economic expansion. the hurdles for persons who have wait- my own State of Utah. Finally, Mr. President, I want to ed years to legally enter this country. I am proud of the growth and devel- thank all of the dedicated staffers here This so-called Latino fairness is no opment in my own State that has made in the Senate whose talent and hard fairness at all to the millions of immi- Utah one of the leaders of the country work have helped get this bill passed. grants who have and will continue to and the world in our high tech econ- First, I’d like to thank my own com- play by the rules. omy. mittee staff, including Chief Counsel Moreover, the bill does not even fix a In Utah and elsewhere, however, our and Staff Director Manus Cooney, Dep- date for the registry. Rather it allows continued economic growth, and our uty Chief Counsel Sharon Prost, and a rolling amnesty. What kind of signal competitive edge in the world economy Press Secretary Jeanne Lopatto. The does this send? Our government spends requires an adequate supply of highly conventional wisdom in Washington a millions each year to combat illegal skilled high tech workers. This re- few months ago was that this bill was immigrant and deports thousands of mains one of our great challenges in not going to pass. But they kept fight- persons each year. With the rolling am- the 21st century, requiring both short ing for its passage. I want to particu- nesty, however, if an illegal alien can and long term solutions. The legisla- larly commend Sharon Prost for her manage to escape law enforcement for tion we will pass today, S. 2405, ad- tireless efforts. long enough we reward that person dresses both of these challenges. I also want to thank Lee Otis and with citizenship, or at least permanent Specifically, a tight labor market, Stuart Anderson, of the Subcommittee resident status. increasing globalization, and a bur- on Immigration for their invaluable Finally, it should be noted that all of geoning economy have combined to in- technical and legal assistance and Es- these dramatic changes were proposed crease demand for skilled workers well ther Olivarria of Senator KENNEDY’s in July of this year with no hearings beyond what was forecast when Con- staff. My thanks also go to Michael and with no assessment of competing gress last addressed the issue of tem- Simmons, of Senator GRAMM’s staff, costs and benefits. The Senate appro- porary visas for highly skilled workers Caroline Berver, with Senator GRAHAM, priately refused to consider this bill in 1998. Therefore, this legislation once James Thurston, with Senator because its many consequences were again increases the annual cap for this LIEBERMAN, and Lavita Strickland with not addressed by its proponents. year and the next three years. Senator FEINSTEIN. I would also like to We are proud of the fine bipartisan But increasing the number of H–1B thank Jim Hecht of Senator LOTT’s work that went into the H–1B visa bill visas is nothing more than a short staff for his efforts. Finally, I want to and welcome its passage. October 3, 2000 CONGRESSIONAL RECORD — SENATE S9651 The PRESIDING OFFICER (Mr. (b) ADDITIONAL VISAS FOR FISCAL YEARS 1152(a)) is amended by adding at the end the Crapo). Under the previous order, the 1999 AND 2000.— following new paragraph: hour of 10 o’clock having arrived, the (1) IN GENERAL.—(A) Notwithstanding sec- ‘‘(5) RULES FOR EMPLOYMENT-BASED IMMI- Senate will now vote on the passage of tion 214(g)(1)(A)(ii) of the Immigration and GRANTS.— Nationality Act (8 U.S.C. 1184(g)(1)(A)(ii)), ‘‘(A) EMPLOYMENT-BASED IMMIGRANTS NOT S. 2045. The question is, Shall the bill the total number of aliens who may be issued SUBJECT TO PER COUNTRY LIMITATION IF ADDI- pass? The yeas and nays have been or- visas or otherwise provided nonimmigrant TIONAL VISAS AVAILABLE.—If the total num- dered. The clerk will call the roll. status under section 101(a)(15)(H)(i)(b) of ber of visas available under paragraph (1), The bill clerk called the roll. such Act in fiscal year 1999 is increased by a (2), (3), (4), or (5) of section 203(b) for a cal- Mr. REID. I announce that the Sen- number equal to the number of aliens who endar quarter exceeds the number of quali- ator from California (Mrs. FEINSTEIN), are issued such a visa or provided such status fied immigrants who may otherwise be the Senator from Massachusetts (Mr. during the period beginning on the date on issued such visas, the visas made available KENNEDY), and the Senator from Con- which the limitation in such section under that paragraph shall be issued without 214(g)(1)(A)(ii) is reached and ending on Sep- regard to the numerical limitation under necticut (Mr. LIEBERMAN) are nec- tember 30, 1999. paragraph (2) of this subsection during the essarily absent. (B) In the case of any alien on behalf of remainder of the calendar quarter. I further announce that, if present whom a petition for status under section ‘‘(B) LIMITING FALL ACROSS FOR CERTAIN and voting, the Senator from Massa- 101(a)(15)(H)(I)(b) is filed before September 1, COUNTRIES SUBJECT TO SUBSECTION (E).—In the chusetts (Mr. KENNEDY), would vote 2000, and is subsequently approved, that case of a foreign state or dependent area to ‘‘aye.’’ alien shall be counted toward the numerical which subsection (e) applies, if the total The PRESIDING OFFICER. Are there ceiling for fiscal year 2000 notwithstanding number of visas issued under section 203(b) any other Senators in the Chamber the date of the approval of the petition. Not- exceeds the maximum number of visas that who desire to vote? withstanding section 214(g)(1)(A)(iii) of the may be made available to immigrants of the The result was announced—yeas 96, Immigration and Nationality Act, the total state or area under section 203(b) consistent number of aliens who may be issued visas or with subsection (e) (determined without re- nays 1, as follows: otherwise provided nonimmigrant status gard to this paragraph), in applying sub- [Rollcall Vote No. 262 Leg.] under section 101(a)(15)(H)(i)(b) of such Act section (e) all visas shall be deemed to have YEAS—96 in fiscal year 2000 is increased by a number been required for the classes of aliens speci- Abraham Enzi McCain equal to the number of aliens who may be fied in section 203(b).’’. Akaka Feingold McConnell issued visas or otherwise provided non- (b) CONFORMING AMENDMENTS.— Allard Fitzgerald Mikulski immigrant status who filed a petition during (1) Section 202(a)(2) of the Immigration and Ashcroft Frist Miller the period beginning on the date on which Nationality Act (8 U.S.C. 1152(a)(2)) is Baucus Gorton Moynihan the limitation in such section 214(g)(1)(A)(iii) amended by striking ‘‘paragraphs (3) and (4)’’ Bayh Graham Murkowski is reached and ending on August 31, 2000. and inserting ‘‘paragraphs (3), (4), and (5)’’. Bennett Gramm Murray (2) Section 202(e)(3) of the Immigration and Biden Grams Nickles (2) EFFECTIVE DATE.—Paragraph (1) shall Bingaman Grassley Reed take effect as if included in the enactment of Nationality Act (8 U.S.C. 1152(e)(3)) is Bond Gregg Reid section 411 of the American Competitiveness amended by striking ‘‘the proportion of the Boxer Hagel Robb and Workforce Improvement Act of 1998 (as visa numbers’’ and inserting ‘‘except as pro- Breaux Harkin Roberts contained in title IV of division C of the Om- vided in subsection (a)(5), the proportion of Brownback Hatch Rockefeller nibus Consolidated and Emergency Supple- the visa numbers’’. Bryan Helms Roth mental Appropriations Act, 1999; Public Law (c) ONE-TIME PROTECTION UNDER PER COUN- Bunning Hutchinson Santorum TRY CEILING.—Notwithstanding section Burns Hutchison Sarbanes 105–277). SEC. 103. SPECIAL RULE FOR UNIVERSITIES, RE- 214(g)(4) of the Immigration and Nationality Byrd Inhofe Schumer Act (8 U.S.C. 1184(g)(4)), any alien who— Campbell Inouye Sessions SEARCH FACILITIES, AND GRAD- Chafee, L. Jeffords Shelby UATE DEGREE RECIPIENTS; COUNT- (1) is the beneficiary of a petition filed Cleland Johnson Smith (NH) ING RULES. under section 204(a) of that Act for a pref- Cochran Kerrey Smith (OR) Section 214(g) of the Immigration and Na- erence status under paragraph (1), (2), or (3) Collins Kerry Snowe tionality Act (8 U.S.C. 1184(g)) is amended by of section 203(b) of that Act; and Conrad Kohl Specter adding at the end the following new para- (2) is eligible to be granted that status but Craig Kyl Stevens graphs: for application of the per country limita- Crapo Landrieu Thomas ‘‘(5) The numerical limitations contained tions applicable to immigrants under those Daschle Lautenberg Thompson in paragraph (1)(A) shall not apply to any DeWine Leahy Thurmond paragraphs, Dodd Levin Torricelli nonimmigrant alien issued a visa or other- may apply for, and the Attorney General Domenici Lincoln Voinovich wise provided status under section may grant, an extension of such non- Dorgan Lott Warner 101(a)(15)(H)(i)(b) who is employed (or has re- immigrant status until the alien’s applica- Durbin Lugar Wellstone ceived an offer of employment) at— tion for adjustment of status has been proc- Edwards Mack Wyden ‘‘(A) an institution of higher education (as essed and a decision made thereon. NAYS—1 defined in section 101(a) of the Higher Edu- SEC. 105. INCREASED PORTABILITY OF H–1B STA- cation Act of 1965 (20 U.S.C. 1001(a))), or a re- TUS. Hollings lated or affiliated nonprofit entity; or (a) IN GENERAL.—Section 214 of the Immi- NOT VOTING—3 ‘‘(B) a nonprofit research organization or a gration and Nationality Act (8 U.S.C. 1184) is Feinstein Kennedy Lieberman governmental research organization. amended by adding at the end the following ‘‘(6) Any alien who ceases to be employed new subsection: The bill (S. 2045), as amended, was by an employer described in paragraph (5)(A) ‘‘(m)(1) A nonimmigrant alien described in passed, as follows: shall, if employed as a nonimmigrant alien paragraph (2) who was previously issued a S. 2045 described in section 101(a)(15)(H)(i)(b), who visa or otherwise provided nonimmigrant Be it enacted by the Senate and House of Rep- has not previously been counted toward the status under section 101(a)(15)(H)(i)(b) is au- resentatives of the United States of America in numerical limitations contained in para- thorized to accept new employment upon the Congress assembled, graph (1)(A), be counted toward those limita- filing by the prospective employer of a new tions the first time the alien is employed by petition on behalf of such nonimmigrant as TITLE I—AMERICAN COMPETITIVENESS an employer other than one described in provided under subsection (a). Employment IN THE TWENTY-FIRST CENTURY paragraph (5). authorization shall continue for such alien SEC. 101. SHORT TITLE. ‘‘(7) Any alien who has already been count- until the new petition is adjudicated. If the This title may be cited as the ‘‘American ed, within the 6 years prior to the approval new petition is denied, such authorization Competitiveness in the Twenty-first Century of a petition described in subsection (c), to- shall cease. Act of 2000’’. ward the numerical limitations of paragraph ‘‘(2) A nonimmigrant alien described in SEC. 102. TEMPORARY INCREASE IN VISA ALLOT- (1)(A) shall not again be counted toward this paragraph is a nonimmigrant alien— MENTS. those limitations unless the alien would be ‘‘(A) who has been lawfully admitted into (a) FISCAL YEARS 2001–2003.—Section eligible for a full 6 years of authorized ad- the United States; 214(g)(1)(A) of the Immigration and Nation- mission at the time the petition is filed. ‘‘(B) on whose behalf an employer has filed ality Act (8 U.S.C. 1184(g)(1)(A)) is amended— Where multiple petitions are approved for 1 a nonfrivolous petition for new employment (1) by redesignating clause (v) as clause alien, that alien shall be counted only before the date of expiration of the period of (vii); and once.’’. stay authorized by the Attorney General; (2) by striking clause (iv) and inserting the SEC. 104. LIMITATION ON PER COUNTRY CEILING and following: WITH RESPECT TO EMPLOYMENT- ‘‘(C) who, subsequent to such lawful admis- ‘‘(iv) 195,000 in fiscal year 2001; BASED IMMIGRANTS. sion, has not been employed without author- ‘‘(v) 195,000 in fiscal year 2002; (a) SPECIAL RULES.—Section 202(a) of the ization in the United States before the filing ‘‘(vi) 195,000 in fiscal year 2003; and’’. Immigration and Nationality Act (8 U.S.C. of such petition.’’. S9652 CONGRESSIONAL RECORD — SENATE October 3, 2000

(b) EFFECTIVE DATE.—The amendment fiscal year after fiscal year 2001, by the cu- out a direct or matching grant program to made by subsection (a) shall apply to peti- mulative number of immigrant visas actu- support private-public partnerships in K–12 tions filed before, on, or after the date of en- ally used under paragraph (1) for previous education. actment of this Act. fiscal years. ‘‘(B) TYPES OF PROGRAMS COVERED.—The SEC. 106. SPECIAL PROVISIONS IN CASES OF (C) CONSTRUCTION.—Nothing in this para- Director shall award grants to such pro- LENGTHY ADJUDICATIONS. graph shall be construed as affecting the ap- grams, including those which support the de- (a) EXEMPTION FROM LIMITATION.—The lim- plication of section 201(c)(3)(C) of the Immi- velopment and implementation of standards- itation contained in section 214(g)(4) of the gration and Nationality Act (8 U.S.C. based instructional materials models and re- Immigration and Nationality Act (8 U.S.C. 1151(c)(3)(C)). lated student assessments that enable K–12 1184(g)(4)) with respect to the duration of au- (3) EMPLOYMENT-BASED VISAS DEFINED.—For students to acquire an understanding of thorized stay shall not apply to any non- purposes of this subsection, the term ‘‘em- science, mathematics, and technology, as immigrant alien previously issued a visa or ployment-based visa’’ means an immigrant well as to develop critical thinking skills; otherwise provided nonimmigrant status visa which is issued pursuant to the numer- provide systemic improvement in training under section 101(a)(15)(H)(i)(b) of that Act ical limitation under section 203(b) of the K–12 teachers and education for students in on whose behalf a petition under section Immigration and Nationality Act (8 U.S.C. science, mathematics, and technology; sup- 204(b) of that Act to accord the alien immi- 1153(b)). port the professional development of K–12 grant status under section 203(b) of that Act, math and science teachers in the use of tech- or an application for adjustment of status SEC. 107. EXTENSION OF CERTAIN REQUIRE- MENTS AND AUTHORITIES nology in the classroom; stimulate system- under section 245 of that Act to accord the THROUGH FISCAL YEAR 2002. wide K–12 reform of science, mathematics, alien status under such section 203(b), has (a) ATTESTATION REQUIREMENTS.—Section and technology in rural, economically dis- been filed, if 365 days or more have elapsed 212(n)(1)(E)(ii)) of the Immigration and Na- advantaged regions of the United States; since— tionality Act (8 U.S.C. 1182(n)(1)(E)(ii)) is provide externships and other opportunities (1) the filing of a labor certification appli- amended by striking ‘‘October 1, 2001’’ and cation on the alien’s behalf (if such certifi- for students to increase their appreciation inserting ‘‘October 1, 2003’’. cation is required for the alien to obtain sta- and understanding of science, mathematics, (b) DEPARTMENT OF LABOR INVESTIGATIVE tus under such section 203(b)); or engineering, and technology (including sum- AUTHORITIES.—Section 413(e)(2) of the Amer- (2) the filing of the petition under such sec- mer institutes sponsored by an institution of tion 204(b). ican Competitiveness and Workforce Im- higher education for students in grades 7–12 (b) EXTENSION OF H1–B WORKER STATUS.— provement Act of 1998 (as contained in title that provide instruction in such fields); in- The Attorney General shall extend the stay IV of division C of Public Law 105–277) is volve partnerships of industry, educational of an alien who qualifies for an exemption amended by striking ‘‘September 30, 2001’’ institutions, and community organizations under subsection (a) in one-year increments and inserting ‘‘September 30, 2003’’. to address the educational needs of disadvan- until such time as a final decision is made on SEC. 108. RECOVERY OF VISAS USED FRAUDU- taged communities; provide college pre- the alien’s lawful permanent residence. LENTLY. paratory support to expose and prepare stu- (c) INCREASED JOB FLEXIBILITY FOR LONG Section 214(g)(3) of the Immigration and dents for careers in science, mathematics, DELAYED APPLICANTS FOR ADJUSTMENT OF Nationality Act (8 U.S.C. 1184 (g)(3)) is engineering, and technology; and provide for STATUS.— amended to read as follows: carrying out systemic reform activities (1) Section 204 of the Immigration and Na- ‘‘(3) Aliens who are subject to the numer- under section 3(a)(1) of the National Science tionality Act (8 U.S.C. 1154) is amended by ical limitations of paragraph (1) shall be Foundation Act of 1950 (42 U.S.C. adding at the end the following new sub- issued visas (or otherwise provided non- 1862(a)(1)).’’; section: immigrant status) in the order in which peti- (4) in paragraph (6), by striking ‘‘6 per- ‘‘(j) JOB FLEXIBILITY FOR LONG DELAYED tions are filed for such visas or status. If an cent’’ and inserting ‘‘5 percent’’; and APPLICANTS FOR ADJUSTMENT OF STATUS TO alien who was issued a visa or otherwise pro- (5) in paragraph (6), by striking ‘‘3 per- PERMANENT RESIDENCE.—A petition under vided nonimmigrant status and counted cent’’ each place it appears and inserting subsection (a)(1)(D) for an individual whose against the numerical limitations of para- ‘‘2.5 percent’’. application for adjustment of status pursu- graph (1) is found to have been issued such (b) LOW-INCOME SCHOLARSHIP PROGRAM.— ant to section 245 has been filed and re- visa or otherwise provided such status by Section 414(d)(3) of the American Competi- mained unadjudicated for 180 days or more fraud or willfully misrepresenting a material tiveness and Workforce Improvement Act of shall remain valid with respect to a new job fact and such visa or nonimmigrant status is 1998 (as contained in title IV of division C of if the individual changes jobs or employers if revoked, then one number shall be restored Public Law 105–277) is amended by striking the new job is in the same or a similar occu- to the total number of aliens who may be ‘‘$2,500 per year.’’ and inserting ‘‘$3,125 per pational classification as the job for which issued visas or otherwise provided such sta- year. The Director may renew scholarships the petition was filed.’’. tus under the numerical limitations of para- for up to 4 years.’’. (2) Section 212(a)(5)(A) of the Immigration graph (1) in the fiscal year in which the peti- (c) REPORTING REQUIREMENT.—Section 414 and Nationality Act (8 U.S.C. 1182(a)(5)(A)) is tion is revoked, regardless of the fiscal year of the American Competitiveness and Work- amended by adding at the end the following in which the petition was approved.’’. force Improvement Act of 1998 (as contained new clause: in title IV of division C of Public Law 105– ‘‘(iv) LONG DELAYED ADJUSTMENT APPLI- SEC. 109. NSF STUDY AND REPORT ON THE ‘‘DIG- 277) is amended by adding at the end the fol- ITAL DIVIDE’’. CANTS.—A certification made under clause (i) lowing new subsection: (a) STUDY.—The National Science Founda- with respect to an individual whose petition ‘‘(e) REPORTING REQUIREMENT.—The Sec- is covered by section 204(j) shall remain valid tion shall conduct a study of the divergence retary of Labor and the Director of the Na- with respect to a new job accepted by the in- in access to high technology (commonly re- tional Science Foundation shall— dividual after the individual changes jobs or ferred to as the ‘‘digital divide’’) in the ‘‘(1) track and monitor the performance of employers if the new job is in the same or a United States. programs receiving H–1B Nonimmigrant Fee similar occupational classification as the job (b) REPORT.—Not later than 18 months grant money; and for which the certification was issued.’’. after the date of enactment of this Act, the ‘‘(2) not later than one year after the date (d) RECAPTURE OF UNUSED EMPLOYMENT- Director of the National Science Foundation of enactment of this subsection, submit a re- BASED IMMIGRANT VISAS.— shall submit a report to Congress setting port to the Committees on the Judiciary of (1) IN GENERAL.—Notwithstanding any forth the findings of the study conducted the House of Representatives and the other provision of law, the number of em- under subsection (a). Senate— ployment-based visas (as defined in para- SEC. 110. MODIFICATION OF NONIMMIGRANT PE- ‘‘(A) the tracking system to monitor the graph (3)) made available for a fiscal year TITIONER ACCOUNT PROVISIONS. performance of programs receiving H–1B (beginning with fiscal year 2001) shall be in- (a) ALLOCATION OF FUNDS.—Section 286(s) grant funding; and creased by the number described in para- of the Immigration and Nationality Act (8 ‘‘(B) the number of individuals who have graph (2). Visas made available under this U.S.C. 1356(s)) is amended— completed training and have entered the subsection shall only be available in a fiscal (1) in paragraph (2), by striking ‘‘56.3 per- high-skill workforce through these pro- year to employment-based immigrants under cent’’ and inserting ‘‘55 percent’’; grams.’’. paragraph (1), (2), or (3) of section 203(b) of (2) in paragraph (3), by striking ‘‘28.2 per- SEC. 111. DEMONSTRATION PROGRAMS AND the Immigration and Nationality Act. cent’’ and inserting ‘‘23.5 percent’’; PROJECTS TO PROVIDE TECHNICAL (2) NUMBER AVAILABLE.— (3) by amending paragraph (4) to read as SKILLS TRAINING FOR WORKERS. (A) IN GENERAL.—Subject to subparagraph follows: Section 414(c) of the American Competi- (B), the number described in this paragraph ‘‘(4) NATIONAL SCIENCE FOUNDATION COM- tiveness and Workforce Improvement Act of is the difference between the number of em- PETITIVE GRANT PROGRAM FOR K–12 MATH, 1998 (as contained in title IV of division C of ployment-based visas that were made avail- SCIENCE AND TECHNOLOGY EDUCATION.— Public Law 105–277; 112 Stat. 2681–653) is able in fiscal year 1999 and 2000 and the num- ‘‘(A) IN GENERAL.—15 percent of the amended to read as follows: ber of such visas that were actually used in amounts deposited into the H–1B Non- ‘‘(c) DEMONSTRATION PROGRAMS AND such fiscal years. immigrant Petitioner Account shall remain PROJECTS TO PROVIDE TECHNICAL SKILLS (B) REDUCTION.—The number described in available to the Director of the National TRAINING FOR WORKERS.— subparagraph (A) shall be reduced, for each Science Foundation until expended to carry ‘‘(1) IN GENERAL.— October 3, 2000 CONGRESSIONAL RECORD — SENATE S9653

‘‘(A) FUNDING.—The Secretary of Labor ‘‘(D) ALLOCATION OF GRANTS.—In making shall be from the business or businesses or shall use funds available under section grants under this paragraph, the Secretary business-related nonprofit organizations in- 286(s)(2) of the Immigration and Nationality shall make every effort to fairly distribute volved. Consideration in the award of grants Act (8 U.S.C. 1356(s)(2)) to establish dem- grants across rural and urban areas, and shall be given to applicants that provide a onstration programs or projects to provide across the different geographic regions of the specific commitment or commitments of re- technical skills training for workers, includ- United States. The total amount of grants sources from other public or private sources, ing both employed and unemployed workers. awarded to carry out programs and projects or both, so as to demonstrate the long-term ‘‘(B) TRAINING PROVIDED.—Training funded described in paragraph (1)(A) shall be allo- sustainability of the training program or by a program or project described in sub- cated as follows: project after the grant expires. paragraph (A) shall be for persons who are ‘‘(i) At least 80 percent of the grants shall ‘‘(6) ADMINISTRATIVE COSTS.—An entity currently employed and who wish to obtain be awarded to programs and projects that that receives a grant to carry out a program and upgrade skills as well as for persons who train employed and unemployed workers in or project described in paragraph (1)(A) may are unemployed. Such training is not limited skills in high technology, information tech- not use more than 10 percent of the amount to skill levels commensurate with a four- nology, and biotechnology, including skills of the grant to pay for administrative costs year undergraduate degree, but should in- needed for software and communications associated with the program or project.’’. clude the preparation of workers for a broad services, telecommunications, systems in- range of positions along a career ladder. Con- stallation and integration, computers and SEC. 112. KIDS 2000 CRIME PREVENTION AND sideration shall be given to the use of grant communications hardware, advanced manu- COMPUTER EDUCATION INITIATIVE. funds to demonstrate a significant ability to facturing, health care technology, bio- (a) SHORT TITLE.—This section may be expand a training program or project technology and biomedical research and cited as the ‘‘Kids 2000 Act’’. through such means as training more work- manufacturing, and innovation services. (b) FINDINGS.—Congress makes the fol- ers or offering more courses, and training ‘‘(ii) No more than 20 percent of the grants lowing findings: programs or projects resulting from collabo- shall be available to programs and projects (1) There is an increasing epidemic of juve- rations, especially with more than one small that train employed and unemployed work- nile crime throughout the United States. business or with a labor-management train- ers for skills related to any single specialty (2) It is well documented that the majority ing program or project. The need for the occupation, as defined in section 214(i) of the of juvenile crimes take place during after- training shall be justified through reliable Immigration and Nationality Act. school hours. regional, State, or local data. ‘‘(3) START-UP FUNDS.— (3) Knowledge of technology is becoming ‘‘(2) GRANTS.— ‘‘(A) IN GENERAL.—Except as provided in increasingly necessary for children in school ‘‘(A) ELIGIBILITY.—To carry out the pro- subparagraph (B), not more than 5 percent of and out of school. grams and projects described in paragraph any single grant, or not to exceed $75,000, (4) The Boys and Girls Clubs of America (1)(A), the Secretary of Labor shall, in con- whichever is less, may be used toward the have 2,700 clubs throughout all 50 States, sultation with the Secretary of Commerce, start-up costs of partnerships or new train- serving over 3,000,000 boys and girls pri- subject to the availability of funds in the H– ing programs and projects. marily from at-risk communities. 1B Nonimmigrant Petitioner Account, ‘‘(B) EXCEPTION.—In the case of partner- (5) The Boys and Girls Clubs of America award— ships consisting primarily of small busi- have the physical structures in place for im- ‘‘(i) 75 percent of the grants to a local nesses, not more than 10 percent of any sin- mediate implementation of an after-school workforce investment board established gle grant, or $150,000, whichever is less, may technology program. under section 116(b) or section 117 of the be used toward the start-up costs of partner- (6) Building technology centers and pro- Workforce Investment Act of 1998 (29 U.S.C. ships or new training programs and projects. viding integrated content and full-time staff- 2832) or consortia of such boards in a region. ‘‘(C) DURATION OF START-UP PERIOD.—For ing at those centers in the Boys and Girls Each workforce investment board or con- purposes of this subsection, a start-up period Clubs of America nationwide will help foster sortia of boards receiving grant funds shall consists of a period of not more than 2 education, job training, and an alternative represent a local or regional public-private months after the grant period begins, at to crime for at-risk youth. partnership consisting of at least— which time training shall immediately begin (7) Partnerships between the public sector ‘‘(I) one workforce investment board; and no further Federal funds may be used for and the private sector are an effective way of ‘‘(II) one community-based organization or start-up purposes. providing after-school technology programs higher education institution or labor union; ‘‘(4) TRAINING OUTCOMES.— in the Boys and Girls Clubs of America. and ‘‘(A) CONSIDERATION FOR CERTAIN PROGRAMS (8) PowerUp: Bridging the Digital Divide is ‘‘(III) one business or business-related non- AND PROJECTS.—Consideration in the award- profit organization such as a trade associa- ing of grants shall be given to applicants an entity comprised of more than a dozen tion: Provided, That the activities of such that provide a specific, measurable commit- nonprofit organizations, major corporations, local or regional public-private partnership ment upon successful completion of a train- and Federal agencies that have joined to- described in this subsection shall be con- ing course, to— gether to launch a major new initiative to ducted in coordination with the activities of ‘‘(i) hire or effectuate the hiring of unem- help ensure that America’s underserved the relevant local workforce investment ployed trainees (where applicable); young people acquire the skills, experiences, board or boards established under the Work- ‘‘(ii) increase the wages or salary of incum- and resources they need to succeed in the force Investment Act of 1998 (29 U.S.C. 2832); bent workers (where applicable); and digital age. and ‘‘(iii) provide skill certifications to train- (9) Bringing PowerUp into the Boys and ‘‘(ii) 25 percent of the grants under the Sec- ees or link the training to industry-accepted Girls Clubs of America will be an effective retary of Labor’s authority to award grants occupational skill standards, certificates, or way to ensure that our youth have a safe, for demonstration projects or programs licensing requirements. crime-free environment in which to learn the under section 171 of the Workforce Invest- ‘‘(B) REQUIREMENTS FOR GRANT APPLICA- technological skills they need to close the ment Act (29 U.S.C. 2916) to partnerships TIONS.—Applications for grants shall— divide between young people who have access that shall consist of at least 2 businesses or ‘‘(i) articulate the level of skills that work- to computer-based information and tech- a business-related nonprofit organization ers will be trained for and the manner by nology-related skills and those who do not. that represents more than one business, and which attainment of those skills will be (c) AFTER-SCHOOL TECHNOLOGY GRANTS TO that may include any educational, labor, measured; THE BOYS AND GIRLS CLUBS OF AMERICA.— community organization, or workforce in- ‘‘(ii) include an agreement that the pro- (1) PURPOSES.—The Attorney General shall vestment board, except that such grant gram or project shall be subject to evalua- make grants to the Boys and Girls Clubs of funds may be used only to carry out a strat- tion by the Secretary of Labor to measure America for the purpose of funding effective egy that would otherwise not be eligible for its effectiveness; and after-school technology programs, such as funds provided under clause (i), due to bar- ‘‘(iii) in the case of an application for a PowerUp, in order to provide— riers in meeting those partnership eligibility grant under subsection (c)(2)(A)(ii), explain (A) constructive technology-focused activi- criteria, on a national, multistate, regional, what barriers prevent the strategy from ties that are part of a comprehensive pro- or rural area (such as rural telework pro- being implemented through a grant made gram to provide access to technology and grams) basis. under subsection (c)(2)(A)(i). technology training to youth during after- ‘‘(B) DESIGNATION OF RESPONSIBLE FISCAL ‘‘(5) MATCHING FUNDS.—Each application school hours, weekends, and school vaca- AGENTS.—Each partnership formed under for a grant to carry out a program or project tions; subparagraph (A) shall designate a respon- described in paragraph (1)(A) shall state the (B) supervised activities in safe environ- sible fiscal agent to receive and disburse manner by which the partnership will pro- ments for youth; and grant funds under this subsection. vide non-Federal matching resources (cash, (C) full-time staffing with teachers, tutors, ‘‘(C) PARTNERSHIP CONSIDERATIONS.—Con- or in-kind contributions, or both) equal to at and other qualified personnel. sideration in the awarding of grants shall be least 50 percent of the total grant amount (2) SUBAWARDS.—The Boys and Girls Clubs given to any partnership that involves and awarded under paragraph (2)(A)(i), and at of America shall make subawards to local directly benefits more than one small busi- least 100 percent of the total grant amount boys and girls clubs authorizing expenditures ness (each consisting of 100 employees or awarded under paragraph (2)(A)(ii). At least associated with providing technology pro- less). one-half of the non-Federal matching funds grams such as PowerUp, including the hiring S9654 CONGRESSIONAL RECORD — SENATE October 3, 2000 of teachers and other personnel, procure- SEC. 114. EXCLUSION OF CERTAIN ‘‘J’’ NON- (2) make such other improvements in the ment of goods and services, including com- IMMIGRANTS FROM NUMERICAL processing of immigration benefit applica- puter equipment, or such other purposes as LIMITATIONS APPLICABLE TO ‘‘H-1B’’ tions as may be necessary to ensure that a are approved by the Attorney General. NONIMMMIGRANTS. backlog does not develop after such date; and The numerical limitations contained in (3) make such improvements in infrastruc- (d) APPLICATIONS.— section 102 of this title shall not apply to ture as may be necessary to effectively pro- (1) ELIGIBILITY.—In order to be eligible to any nonimmigrant alien granted a waiver vide immigration services. receive a grant under this section, an appli- that is subject to the limitation contained in (b) AUTHORIZATION OF APPROPRIATIONS.— cant for a subaward (specified in subsection paragraph (1)(B) of the first section 214(l) of (1) IN GENERAL.—There is authorized to be (c)(2)) shall submit an application to the the Immigration and Nationality Act (relat- appropriated to the Department of Justice Boys and Girls Clubs of America, in such ing to restrictions on waivers). from time to time such sums as may be nec- form and containing such information as the SEC. 115. STUDY AND REPORT ON THE ‘‘DIGITAL Attorney General may reasonably require. essary for the Attorney General to carry out DIVIDE’’. subsection (a). (2) APPLICATION REQUIREMENTS.—Each ap- (a) STUDY.—The Secretary of Commerce plication submitted in accordance with para- (2) DESIGNATION OF ACCOUNT IN TREASURY.— shall conduct a review of existing public and Amounts appropriated pursuant to para- graph (1) shall include— private high-tech workforce training pro- (A) a request for a subgrant to be used for graph (1) may be referred to as the ‘‘Immi- grams in the United States. gration Services and Infrastructure Improve- the purposes of this section; (b) REPORT.—Not later than 18 months ments Account’’. (B) a description of the communities to be after the date of enactment of this Act, the (3) AVAILABILITY OF FUNDS.—Amounts ap- served by the grant, including the nature of Secretary of Commerce shall submit a report propriated pursuant to paragraph (1) are au- juvenile crime, violence, and drug use in the to Congress setting forth the findings of the thorized to remain available until expended. communities; study conducted under subsection (a). (4) LIMITATION ON EXPENDITURES.—None of (C) written assurances that Federal funds SEC. 116. SEVERABILITY. received under this section will be used to the funds appropriated pursuant to para- If any provision of this title (or any graph (1) may be expended until the report supplement and not supplant, non-Federal amendment made by this title) or the appli- funds that would otherwise be available for described in section 205(a) has been sub- cation thereof to any person or circumstance mitted to Congress. activities funded under this section; is held invalid, the remainder of the title (D) written assurances that all activities (and the amendments made by this title) and SEC. 205. REPORTS TO CONGRESS. funded under this section will be supervised the application of such provision to any (a) BACKLOG ELIMINATION PLAN.— by qualified adults; other person or circumstance shall not be af- (1) REPORT REQUIRED.—Not later than 90 (E) a plan for assuring that program activi- fected thereby. This section be enacted 2 days after the date of enactment of this Act, ties will take place in a secure environment days after effective date. the Attorney General shall submit a report that is free of crime and drugs; to the Committees on the Judiciary and Ap- TITLE II—IMMIGRATION SERVICES AND (F) a plan outlining the utilization of con- propriations of the Senate and the House of INFRASTRUCTURE IMPROVEMENTS tent-based programs such as PowerUp, and Representatives concerning— the provision of trained adult personnel to SEC. 201. SHORT TITLE. (A) the backlogs in immigration benefit supervise the after-school technology train- This title may be cited as the ‘‘Immigra- applications in existence as of the date of en- ing; and tion Services and Infrastructure Improve- actment of this title; and (G) any additional statistical or financial ments Act of 2000’’. (B) the Attorney General’s plan for elimi- information that the Boys and Girls Clubs of SEC. 202. PURPOSES. nating such backlogs. America may reasonably require. (a) PURPOSES.—The purposes of this title (2) REPORT ELEMENTS.—The report shall are to— include— (e) GRANT AWARDS.—In awarding subgrants (1) provide the Immigration and Natu- (A) an assessment of the data systems used under this section, the Boys and Girls Clubs ralization Service with the mechanisms it in adjudicating and reporting on the status of America shall consider— needs to eliminate the current backlog in of immigration benefit applications, (1) the ability of the applicant to provide the processing of immigration benefit appli- including— the intended services; cations within 1 year after enactment of this (i) a description of the adequacy of existing (2) the history and establishment of the ap- Act and to maintain the elimination of the computer hardware, computer software, and plicant in providing youth activities; and backlog in future years; and other mechanisms to comply with the adju- (3) the extent to which services will be pro- (2) provide for regular congressional over- dications and reporting requirements of this vided in crime-prone areas and techno- sight of the performance of the Immigration title; and logically underserved populations, and ef- and Naturalization Service in eliminating (ii) a plan for implementing improvements forts to achieve an equitable geographic dis- the backlog and processing delays in immi- to existing data systems to accomplish the tribution of the grant awards. gration benefits adjudications. purpose of this title, as described in section (f) AUTHORIZATION OF APPROPRIATIONS.— (b) POLICY.—It is the sense of Congress 202(a); (1) IN GENERAL.—There is authorized to be that the processing of an immigration ben- (B) a description of the quality controls to appropriated $20,000,000 for each of the fiscal efit application should be completed not be put into force to ensure timely, fair, accu- years 2001 through 2006 to carry out this sec- later than 180 days after the initial filing of rate, and complete processing and adjudica- tion. the application, except that a petition for a tion of such applications; (2) SOURCE OF FUNDS.—Funds to carry out nonimmigrant visa under section 214(c) of (C) the elements specified in subsection this section may be derived from the Violent the Immigration and Nationality Act should (b)(2); Crime Reduction Trust Fund. be processed not later than 30 days after the (D) an estimate of the amount of appro- (3) CONTINUED AVAILABILITY.—Amounts filing of the petition. priated funds that would be necessary in made available under this subsection shall SEC. 203. DEFINITIONS. order to eliminate the backlogs in each cat- remain available until expended. In this title: egory of immigration benefit applications (1) BACKLOG.—The term ‘‘backlog’’ means, described in subsection (b)(2); and SEC. 113. USE OF FEES FOR DUTIES RELATING TO (E) a detailed plan on how the Attorney PETITIONS. with respect to an immigration benefit ap- plication, the period of time in excess of 180 General will use any funds in the Immigra- (a) Section 286(s)(5) of the Immigration and days that such application has been pending tion Services and Infrastructure Improve- Nationality Act (8 U.S.C. 1356(s)(5)) is amend- before the Immigration and Naturalization ments Account to comply with the purposes ed to read as follows: ‘‘4 percent of the Service. of this title. amounts deposited into the H–1B Non- (2) IMMIGRATION BENEFIT APPLICATION.—The (b) ANNUAL REPORTS.— immigrant Petitioner Account shall remain term ‘‘immigration benefit application’’ (1) IN GENERAL.—Beginning 90 days after available to the Attorney General until ex- means any application or petition to confer, the end of the first fiscal year for which any pended to carry out duties under paragraphs certify, change, adjust, or extend any status appropriation authorized by section 204(b) is (1) and (9) of section 214(c) related to peti- granted under the Immigration and Nation- made, and 90 days after the end of each fiscal tions made for nonimmigrants described in ality Act. year thereafter, the Attorney General shall section 101(a)(15)(H)(i)(b), under paragraph SEC. 204. IMMIGRATION SERVICES AND INFRA- submit a report to the Committees on the (1) (C) or (D) of section 204 related to peti- STRUCTURE IMPROVEMENT AC- Judiciary and Appropriations of the Senate tions for immigrants described in section COUNT. and the House of Representatives concerning 203(b).’’. (a) AUTHORITY OF THE ATTORNEY GEN- the status of— ERAL.—The Attorney General shall take such (A) the Immigration Services and Infra- (b) Notwithstanding any other provision of measures as may be necessary to— structure Improvements Account including this Act, the figure on page 14, line 16 is (1) reduce the backlog in the processing of any unobligated balances of appropriations deemed to be ‘‘22 percent’’; the figure on immigration benefit applications, with the in the Account; and page 16, line 14 is deemed to be ‘‘4 percent’’; objective of the total elimination of the (B) the Attorney General’s efforts to elimi- and the figure on page 16, line 16 is deemed backlog not later than one year after the nate backlogs in any immigration benefit to be ‘‘2 percent’’. date of enactment of this Act; application described in paragraph (2). October 3, 2000 CONGRESSIONAL RECORD — SENATE S9655 (2) REPORT ELEMENTS.—The report shall I would also like to thank the Major- money dedicated to providing meaning- include— ity Leader for his efforts. While we ful educational scholarships for stu- (A) State-by-State data on— have disagreements about how the dents, particularly minority students, (i) the number of naturalization cases adju- process, here in the Senate, should who are enrolled in a mathematics, en- dicated in each quarter of each fiscal year; (ii) the average processing time for natu- work, on this bill, we have shared a gineering or computer science degree ralization applications; commitment that the Senate must act program and for improving science, (iii) the number of naturalization applica- to ensure the stability of the H–1B pro- mathematics and technology education tions pending for up to 6 months, 12 months, gram in the years to come. in the K–12 system. 18 months, 24 months, 36 months, and 48 Mr. President, as you know, this leg- There are millions of Americans who months or more; islation responds to the pressing need yearn for the opportunity to partici- (iv) estimated processing times adjudi- many American companies are facing pate in our new economy and all its re- cating newly submitted naturalization appli- for highly-skilled workers. The bill in- wards. And they need only one thing to cations; creases the annual ceiling for the ad- (v) an analysis of the appropriate proc- do just that—skills training and edu- essing times for naturalization applications; mission of H–1B non-immigrants to cation. and 195,000 for fiscal years 2001, 2002 and It is our duty to help these Ameri- (vi) the additional resources and process 2003. It also includes an important pro- cans realize their dreams. This bill is changes needed to eliminate the backlog for vision to exempt H–1B visa applicants an important down-payment in that ef- naturalization adjudications; employed by higher education institu- fort. Thus, I look forward to this bill (B) the status of applications or, where ap- tions and other non-profits from the becoming law in the near future. Both plicable, petitions described in subparagraph yearly numerical limits. U.S. workers and U.S. companies stand (C), by Immigration and Naturalization This visa increase could not come at to benefit. Service district, including— (i) the number of cases adjudicated in each a more important time. With unem- (At the request of Mr. DASCHLE, the quarter of each fiscal year; ployment rates currently at or near following statement was ordered to be (ii) the average processing time for such historic lows, the H–1B program has be- printed in the RECORD) applications or petitions; come an increasingly important source ∑ Mrs. FEINSTEIN. Mr. President, as a (iii) the number of applications or peti- of skilled labor for U.S. employers. cosponsor of S. 2045, ‘‘American Com- tions pending for up to 6 months, 12 months, U.S. employers are expected to need petitiveness in the Twenty-first Cen- 18 months, 24 months, 36 months, and 48 roughly 1.6 million information tech- tury Act of 2000,’’ I am pleased to see months or more; nology workers in the next year. Un- this important legislation pass the (iv) the estimated processing times adjudi- Senate today. cating newly submitted applications or peti- fortunately, the demand far exceeds tions; the supply of qualified individuals. One of my most sobering experiences (v) an analysis of the appropriate proc- This shortage not only threatens the as a U.S. Senator occurred a few years essing times for applications or petitions; competitiveness of U.S. high tech- ago when several CEOs of California’s and nology companies but it also threatens leading high-tech companies told me (vi) a description of the additional re- our economy, which owes much of its our schools were not producing enough sources and process changes needed to elimi- success to the technology sector. skilled graduates and asked me to sup- nate the backlog for such processing and ad- These labor shortfalls are not just port an increase in the number of H–1B judications; and felt in Silicon Valley, Northern Vir- temporary visas for skilled foreign (C) a status report on— (i) applications for adjustments of status ginia and other high tech clusters— workers. to that of an alien lawfully admitted for per- they are felt nationwide. In fact, 35 Initially, I did not believe this. But manent residence; percent of the unfilled jobs in the infor- subsequently the problem became very (ii) petitions for nonimmigrant visas under mation technology sector are in the clear at a Senate Judiciary Committee section 214 of the Immigration and Nation- Midwest. In a study done by the Bureau hearing on the subject. California’s ality Act; of Labor Statistics, the state of South high-tech sector has fueled our record (iii) petitions filed under section 204 of Dakota had the greatest high-tech- economic expansion, providing more such Act to classify aliens as immediate rel- nology employment growth in the than 784,000 high-tech jobs in our state atives or preference immigrants under sec- alone. But that continued growth is tion 203 of such Act; early 1990’s—a whopping 172 percent in- (iv) applications for asylum under section crease. And South Dakota companies, threatened if California cannot produce 208 of such Act; like those in other states, are strug- an adequate number of well-educated (v) registrations for Temporary Protected gling to find the workers they need to workers. Clearly our education system Status under section 244 of such Act; and continue to grow. needs major reform. (vi) a description of the additional re- That said, the H–1B visa program is I asked TechNet, a network of the sources and process changes needed to elimi- only a short-term solution to the skills nation’s leading high-tech CEOs, to nate the backlog for such processing and ad- shortage being experienced by Amer- help me develop a program to reduce judications. ican companies. Accordingly, I am our reliance on H–1B workers. The dis- (3) ABSENCE OF APPROPRIATED FUNDS.—In the event that no funds are appropriated sub- proud of the work that was done, large- cussions led to a public-private plan, ject to section 204(b) in the fiscal year in ly at the behest of Democratic Sen- which Senator SPENCER ABRAHAM, R– which this Act is enacted, the Attorney Gen- ators, to ensure that this bill begins to Mich., and I offered as an amendment eral shall submit a report to Congress not address our long-term challenge—en- to the H–1B visa bill. It was approved later than 90 days after the end of such fiscal suring that in the future there are by the Judiciary Committee in March. year, and each fiscal year thereafter, con- enough Americans with the necessary From the funds collected for H–1B taining the elements described in paragraph skills to fill these jobs. Indeed, as Sen- fees over the next three years, the (2). ator MIKULSKI reminded us during this amendment would allocate 15 percent Mr. HATCH. Mr. President, I move to debate, America is facing a skills of the H–1B fees, or roughly $23 million reconsider the vote, and I move to lay shortage, rather than a worker short- for National Science Foundation kin- that motion on the table. age. It is our job to reverse that trend. dergarten through 12th grade math and The motion to lay on the table was This bill is a step in the right direc- science education and skills-develop- agreed to. tion. It dedicates over half of the H–1B ment programs. The technology indus- Mr. DASCHLE. Mr. President, I rise fees collected to the worker training try will match these funds and then to congratulate all those who have primarily in the fields of high tech- some. This is an incredible commit- worked so hard for so long on the H–1B nology, information technology and ment by the industry to help develop a bill. Senators LEAHY, HATCH, KENNEDY, biotechnology skills. By increasing the pipeline of American students who are ABRAHAM, FEINSTEIN, LIEBERMAN and H–1B visa fee modestly, this bill will better prepared for the workplace of to- BIDEN have all done an admirable job triple the money going to these impor- morrow. at putting together a good bipartisan tant training programs enabling 45,000 Additionally, $35 million will be des- bill that will strengthen our economy workers a year to take advantage of ignated for post-secondary school and increase the resources that go to these new training opportunities. In scholarships for 16,000 to 18,000 low-in- technology education and training. addition, the bill also triples the come students to obtain degrees in S9656 CONGRESSIONAL RECORD — SENATE October 3, 2000 science, math or other technology-re- which I introduced earlier this year. As tion and accountability, and would en- lated disciplines so that they can com- we seek to address the needs of the able millions of law-abiding residents, pete for the cutting-edge jobs in the high tech industry by increasing the immigrants, and businesses, who have high-tech sector. At the same time, our number of H–1B visas, I am pleased paid substantial fees to the INS, to amendment provides 23.5 percent, or that we are also taking an active role have their applications processed in a more than $35 million per year in fund- in addressing the unacceptably long timely manner. I believe enactment of ing—in addition to that already being backlogs in processing other immigra- these provisions as part of the H–1B provided—for scholarships so that tion applications. legislation will send a strong Congres- American students and workers can We have all heard the horror stories sional directive to the INS that timely also enjoy the opportunity to work in of the long processing delays associ- and efficient service is not merely a the high tech and other industries de- ated with the Immigration and Natu- goal, but a mandate. manding a highly skilled workforce. ralization Service (INS). What was Our nation has undergone a dramatic Another $83 million, or 55 percent of once a 6-month process has now be- technological transformation. The U.S. the H–1B fee revenue, as a result of an come a three- to four-year ordeal. economy has enjoyed unprecedented amendment by Senator Kennedy, When I first introduced S. 2586, the INS expansion, in large part because of the would be allocated to workforce train- had roughly 2.3 million cases pending. high tech industry. In California alone, ing programs and demonstration Out of this number, California had this growth in technology has made projects to provide technical skills 600,000 naturalization and adjustment our State number one in high tech em- training for U.S. workers. I am hopeful of status cases pending. ployment by creating almost 800,000 that, in the end, we can work in a pro- While the INS has made some im- jobs and comprising 61 percent of Cali- vision to increase the H–1B visa fee provements in reducing processing fornia’s exports. I am convinced that from $500 to $1,000. This will double the times for some applications, the INS’s the economy of California as well as amount of funding for these important overall record keeping and computer the rest of the nation could run out of education and training programs. systems still suffer from serious flaws. steam if the driving engine—that is, I support lifting the H–1B visa cap, Many forms filed during the applica- the high tech industry—does not have but clearly it is only a short-term solu- tion process have been lost, automati- the resources it needs to continue its tion to a long-term problem. The tech- cally disqualifying immigrants from an unprecedented growth. nology industry recognizes this and has immigrant visa or naturalization be- Certainly, it is in our interest to en- already made significant financial con- cause they missed their INS appoint- sure that these industries, which are tributions to education training pro- ments. located in the U.S. and help drive our grams. These amendments represent an It is unacceptable that millions of economy, can continue to obtain quali- additional industry commitment to people who have followed our nation’s fied, highly skilled employees. This bill educating America’s workforce. laws, made outstanding contributions meets the needs of the industry by pro- Recent research indicates that the to our nation, and paid the requisite viding additional temporary visas for number of bachelor of science degrees fees have had to wait months, and even exceptional professional personnel. De- awarded in computer science and math years, to obtain the immigration serv- spite the billions of dollars that compa- fell 29 percent from 1985 to 1995. Engi- ices they need. These processing delays nies spend annually to train their work neering degrees fell 16 percent from have had a negative impact on busi- force, a gap still exists between profes- 1985 to 1997; computer and information nesses seeking to employ or retain es- sionals available in the U.S. work force sciences experience a 42 percent drop. sential workers. and the needs of employers. Often em- Yet it is expertise in these very areas Faced with a shortage of highly ployers’ needs are immediate; they that businesses, especially high-tech- skilled workers in the U.S., many of cannot afford to wait for work force nology companies, need in order to our nation’s businesses, including training or retraining while positions stay globally competitive. those in the high tech industry, must remain unfilled. Our society is undergoing a dramatic increasing rely on the INS to help pro- I look forward to the day when it is technological transformation. Informa- vide them with access to highly skilled not necessary to bring in workers from tion technology has changed every as- foreign professionals. However, long abroad for these positions because Cali- pect of our society, from telephone and delays and inconsistencies in INS proc- fornia’s schools are producing students banking services to commerce and edu- essing are causing many companies to who can match the best and brightest cation. Given this, the demand for postpone or cancel major projects that from anywhere across the globe.∑ highly skilled professionals has ex- support their fiscal growth. Mr. LEVIN. Mr. President, the Sen- ploded. Even excluding the bio- I believe the backlog reduction provi- ate has now approved an increase in technology industry, the high-tech ex- sions included in this bill will send a the total number of H–1B non- plosion has created over 4.8 million clear signal to the INS that it is time immigrant visas made available to jobs in the United States since 1993 and to change the way they do business. skilled foreign workers. produced an industry unemployment The provisions would require the INS I supported that increase because I rate of 1.4 percent. to process H–1B applications and other believe it will help meet this country’s Despite the billions of dollars that non-immigrant visa applications with- growing demand for people with high companies spend annually on training, in 30 days, and naturalization applica- skills, particularly in fast growing in- a gap still exists between professionals tions, permanent employment visas, dustries such as the high technology available in the U.S. workforce and the and other immigration visa applica- industry. However, I want to make needs of employers. We need to raise tions within six months. In addition, clear that I understand this bill to be a the H–1B cap for the next few years be- the provisions would establish a sepa- short-term fix for the needs of our cause often employers’ needs are im- rate account with the INS to fund economy and not a long-term solution. mediate; they cannot afford to wait for backlog reduction efforts. If Congress is going to deal with the workforce training or retraining while This account would permit the INS workforce needs in this country we can positions remain unfilled. I look for- to fund across several fiscal years in- not simply rely on the H–1B program. ward to the day when it is not nec- frastructure improvements, including The national skill shortage problem essary to bring in workers from abroad additional staff, computer records must be resolved by expanding training for these positions because California’s management, fingerprinting, and na- programs for American workers and in- schools are producing students who can tionwide computer integration. Fi- creasing educational opportunities for match the best and brightest from any- nally, the provisions would require the our young people. where across the globe. INS to put together a plan on how it Section 10 of this bill provides sig- I am also pleased that the Senate has intends to eliminate existing backlogs nificant new resources for funding new adopted as an amendment to the H–1B and report on this plan before it could innovative activities in K–12 math and legislation, the provisions of S. 2586, obtain any appropriated funds. science across the nation. It also rep- the ‘‘Immigration Services and Infra- The backlog reduction provisions are resents a major boost beyond what was structure Improvement Act of 2000,’’ intended to provide the INS with direc- provided in the H–1B legislation in 1998. October 3, 2000 CONGRESSIONAL RECORD — SENATE S9657 Under the 1998 H–1B bill, the amount of dren with our own commitment to The PRESIDING OFFICER. The Sen- funding for the National Science Foun- helping them acquire the skills they ator from Utah. dation (NSF) K–12 activities was fairly seek to be effective educators in the Mr. HATCH. Mr. President, we are small—less than $6 million in FY 2000. digital age. here today in the crunch of end-of-ses- Thanks to the leadership of Senator I also supported this bill because it sion business to debate and take time FEINSTEIN and Senator KENNEDY, this guarantees that H–1B visas will be on four noncontroversial judicial nomi- legislation would more than double made available to those working at nees. This debate today was demanded that amount to $15 million. educational institutions, non-profit or- by Senate Democrats who, ironically, We can make further progress in our ganizations, and non-profit or govern- have stood in the way of these nomina- education and training needs by in- mental research organizations. Cur- tions made by President Clinton, their creasing the fee that sponsors pay for rently, these institutions, who recruit own President. These are Clinton nomi- H–1B visas. Hopefully, the Conference scholars and researchers with the high- nees the Democrats are holding up, Committee will increase the fee to est possible credentials, are forced to Clinton nominees whom Democrats are $1000 more than tripling the amount compete with for profit companies for insisting we take precious time to de- made available for job training grants, the limited number of visas available, bate. low income scholarships and NSF en- and have had difficulties obtaining H– For the past few years, Senate Demo- richment courses—opportunities, 1B visas for their prospective employ- crats have threatened shutdowns, which in the long-term, will produce a ees. claimed the existence of a so-called ju- better trained American workforce. Some of those visa holders are people dicial vacancy crisis, and complained The bill before us today does not in- like Thomas Hofweber, a first-year as- of race and sex bias in order to push crease the fee because the Senate can sistant professor in the Philosophy De- through President Clinton’s judicial not originate a revenue measure. How- partment at the University of Michi- nominees. These allegations are false. ever, I supported the bill because of a gan, who has conducted research in the First, there is and has been no judi- commitment made by both Repub- areas of metaphysics and epistemology cial vacancy crisis. consider, for exam- licans and Democrats on the Judiciary and is believed to be among the most ple, the Clinton administration’s state- Committee to increase the fee to $1000 talented young metaphysicians in the ments on this issue. At the end of the when the bill goes to conference with world. Another H–1B visa holder at 1994 Senate session, the Clinton admin- the House. Michigan State University’s Depart- istration in a press release entitled The focus on technology training for ment of Agricultural Economics is a ‘‘Record Number of Federal Judges teachers addresses a critical need, one researcher and teacher in Agribusiness Confirmed’’ took credit for having that I’ve fought for in my home state Management and brings an outstanding achieved a low vacancy rate. At that of Michigan. That is why I’m happy to background in the economics of horti- time, there were 63 vacancies and a 7.4 note that we’ve included language in cultural enterprises and the manage- percent vacancy rate. The Clinton ad- this bill, which I proposed, with the ment of their labor forces. ministration’s press release declared: support of Senator CONRAD, specifying It is of great benefit for Michigan ‘‘This is equivalent to ‘full employ- that the NSF should make teacher students to be able to study with these ment’ in the . . . federal judiciary.’’ training in the integration of tech- scholars. I am pleased that universities Today, there are 67 vacancies—after nology into the math and science cur- and research institutions will be able the votes today there will be only 63 riculum a priority in funding projects to obtain more needed visas under this vacancies, the same as in the 1994. In- from resources provided under this leg- bill. stead of declaring the judiciary fully islation. My office will be working with f employed as they did in 1994. Demo- the National Science Foundation as VISA WAIVER PERMANENT crats claim that there is a vacancy cri- they develop programs to be funded PROGRAM ACT sis. under this legislation so that invest- In fact, the Senate has confirmed ments in such professional develop- The PRESIDING OFFICER. Under President Clinton’s nominees at almost ment will lead the list of funding ini- the previous order, H.R. 3767, as amend- the same rate as it confirmed those of tiatives. ed, is passed. Presidents Reagan and Bush. President This provision is essential if we are f Reagan appointed 382 Article III going to realize the full potential of EXECUTIVE SESSION judges. Thus far, the Senate has con- our investment in new technology in firmed 373 of President Clinton’s nomi- the classroom. So few of our school dis- nees and, after the votes today, will tricts have been able to offer state-of- NOMINATIONS OF MICHAEL J. have confirmed four more. During the-art training, or any training at all REAGAN, OF ILLINOIS, TO BE President Reagan’s two terms, the Sen- for that matter, to their teaching staff. U.S. DISTRICT JUDGE FOR THE ate confirmed an average of 191 judges. Last year, a report by Education SOUTHERN DISTRICT OF ILLI- During President Bush’s one term, the Week’s National Survey of Teachers’ NOIS; SUSAN RITCHIE BOLTON, Senate confirmed 193 judges. After Use of Digital Content revealed some OF ARIZONA, TO BE U.S. DIS- these four judges are confirmed today, startling findings relative to the lack TRICT JUDGE FOR THE DISTRICT the Senate will have confirmed an av- of teacher training in integrating tech- OF ARIZONA; MARY H. MURGUIA, erage of 189 judges during each of nology into the curriculum. In a na- OF ARIZONA, TO BE U.S. DIS- President Clinton’s two terms. tional poll of over 1,400 teachers, 36 TRICT JUDGE FOR THE DISTRICT Second, there has not been a con- percent of teachers responded that OF ARIZONA firmation slowdown this year. Com- they received absolutely no training in The PRESIDING OFFICER. Under paring like to like, this year should be integrating technology in the cur- the previous order, the Senate will now compared to prior election years dur- riculum; another 36 percent said they go into executive session and proceed ing times of divided government. In had only received 1 to 5 hours of such to the consideration en bloc of Execu- 1988, the Democrat-controlled Senate training; 14 percent received 6 to 10 tive Calendar Nos. 652, 654, and 655, confirmed 41 Reagan judicial nominees. hours of such training; and only 7 per- which the clerk will report. After these four nominees are con- cent received between 11–20 hours. The assistant legislative clerk read firmed today, the Republican Senate This bill is an important step to- the nominations of Michael J. Reagan, this year will have confirmed 39 of wards addressing this problem, a step of Illinois, to be U.S. District Judge for President Clinton’s nominees—a nearly that I hope is followed by many others. the Southern District of Illinois; identical number. We are fortunate in my state and Susan Ritchie Bolton, of Arizona, to In May, at a Judiciary Committee across this country to find in the ranks be U.S. District Judge for the District hearing, Senator BIDEN, the former of teachers men and women who are of Arizona; chairman of the Judiciary Committee, deeply committed to helping America’s Mary H. Murguia, of Arizona, to be said: ‘‘I have told everyone, and I want children learn. I believe we have to U.S. District Judge for the District of to tell the press, if the Republican match their commitment to our chil- Arizona. Party lets through more than 30 judges S9658 CONGRESSIONAL RECORD — SENATE October 3, 2000 this year, I will buy you all dinner.’’ lutely false. Just this month, for exam- two is insignificant compared to the When he said this, Senator BIDEN ap- ple, President Clinton issued a state- average time that it takes to select parently believed that the confirma- ment alleging bias by the Senate. He and confirm a nominee. On average, tion this year of more than 30 judges said: ‘‘The quality of justice suffers the Clinton White House spends an av- would be fair. Well Senator BIDEN owes when highly qualified women and mi- erage of 315 days to select a nominee some people some dinners, maybe ev- nority candidates are denied an oppor- while the Senate requires an average of erybody in the press. After the votes tunity to serve in the judiciary.’’ The 144 days to confirm. today, the Senate this year will have White House, though, also issued a Under my stewardship, the Judiciary confirmed 39 judicial nominees. statement boasting of the high number Committee has considered President The 1992 election year requires a bit of women and minorities that Clinton Clinton’s judicial nominees more care- more analysis. has appointed to the federal courts: fully than the Democratic Senate did The Democrat-controlled Senate did ‘‘The President’s record of appointing in 1993 and 1994. Some individuals con- confirm 64 Bush nominees that year, women and minority judges is un- firmed by the Senate then likely would but this high number was due to the matched by any President in history. not clear the committee today. The fact that Congress had recently created Almost half of President Clinton’s judi- Senate’s power of advice and consent, 85 new judgeships. Examining the per- cial appointees have been women or after all, is not a rubber stamp. centage of nominees confirmed shows minorities.’’ The Senate, obviously, But there is no evidence of bias or of that compared to 1992, there is no slow- confirmed this record number of a confirmation slowdown. Senate down this year. In 1992, the Democrat- women and minorities. That is hardly Democrats claim that Republicans controlled Senate confirmed 33 of 73 in- evidence of systemic bias—or any bias have politicized the confirmation proc- dividuals nominated that year—or 45 at all. ess. Republicans, though, have not lev- percent. This year, the Senate will con- Last November, Senator JOSEPH ied false charges or used petty par- firm 25 of 44 individuals nominated in BIDEN, former chairman of the Judici- liamentary games. 2000—or 57 percent. Those who cite the ary Committee, stated: In conclusion, it always is the case 1992 high of 64 confirmations as evi- There has been argumentation occasion- that some nominations die at the end dence of an election-year slowdown do ally made . . . that [the Judiciary] Com- of the Congress. In 1992, when Demo- not mention these details. Nor do they mittee . . . has been reluctant to move on crats controlled the Senate, Congress mention that despite those 64 con- certain people based upon gender or eth- nicity or race. . . . [T]here is absolutely no adjourned without having acted on 53 firmations, the Democrat-controlled distinction made [on these grounds]. . . . Bush nominations. Currently there are Senate left vacant 115 judgeships when [W]hether or not [a nominee moves] has not only 38 Clinton nominations that are President Bush left office—nearly dou- a single thing to do with gender or race. . . . pending before the Judiciary Com- ble the current number of vacancies. I realize I will get political heat for saying mittee. Senate Democrats often cite Chief that, but it happens to be true. It is not the end of the line for nomi- Justice Rehnquist’s 1997 remarks as I personally appreciated Senator nees that do not get confirmed this evidence of a Republican slowdown. Re- BIDEN’s comments on that, while oth- year. Republican nominees who failed ferring to the 82 vacancies then exist- ers were trying to play politics with to get confirmed have bone on to great ing, the Chief Justice said: ‘‘Vacancies these issues. He knows how difficult it careers, both in public service and the cannot remain at such high levels in- is under the circumstances to please private sector. Senator JEFF SESSIONS, definitely without eroding the quality both sides on these matters. The chair- Governor Frank Keating, Washington of justice that traditionally has been man takes pain from both sides on attorney John Roberts, and law pro- associated with the federal Judiciary.’’ these matters. There is no question fessor Lillian BeVier are just a few ex- Senators who cite this statement, how- there are some on our side who have amples. Lillian BeVier and a number of ever, do not also cite the Chief Jus- wanted to slow down this process, and other women are prime examples of tice’s similar statement in 1993, when others on the other side have wanted to those who were denied the opportunity the Democrats controlled both the speed up the process. The important of being on the court for one reason or White House and the Senate: ‘‘There is thing is that we do a good process. another back in those days. perhaps no issue more important to the That is what we have tried to do. I bitterly resent anybody trying to judiciary right now than this serious The statistics confirm Senator play politics with this issue. I stand judicial vacancy problem.’’ As the head BIDEN’s position. Data comparing the ready to defend our position on the Ju- of the judicial branch, the Chief Jus- median time required for Senate action diciary Committee, and I look forward tice has continued to maintain pres- on male versus female and minority to confirming these last four nominees sure on the President and Senate to versus non-minority nominees shows today. And, of course, once we have speedily confirm judges. He has not only minor differences. During Presi- done that, we will have matched what singled out the Republican Senate, dent Bush’s final two years in office, was done back in 1994, when the Presi- however. Selective use of his state- the Democrat-controlled Senate took dent said we had a full judiciary, with ments to imply that he has is inappro- 16 days longer to confirm female nomi- a vacancy of 7.4 percent. priate. nees compared with males. This dif- I reserve the remainder of my time. The Chief Justice made additional ferential decreased to only 4 days when The PRESIDING OFFICER. The Sen- comments in 1997, which also under- Republicans gained control of the Sen- ator from Illinois is recognized. mine the claim of a vacancy crisis. ate in 1994. During the subsequent 105th Mr. DURBIN. It is my understanding After calling attention to the existing and 106th Congresses, it increased. that under the unanimous consent re- vacancies, he wrote: ‘‘Fortunately for The data concerning minority nomi- quest, I have 10 minutes to speak. the Judiciary, a dependable corps of nees likewise shows no clear trend. The PRESIDING OFFICER. Correct. senior judges has contributed signifi- When Republicans gained control in Mr. DURBIN. Mr. President, I have cantly to easing the impact of unfilled 1994, it took 28 days longer to confirm spoken with the staff of Senator LEAHY judgeships.’’ The 67 current vacancies, minority nominees as compared to and, if I go beyond 10 minutes, I ask in other words, are not truly vacant. non-minority nominees. This difference that the additional time be taken from There are 363 senior judges presently decreased markedly during the 105th that allocated to Senator LEAHY. serving in the federal judiciary. Al- Congress so that minorities were con- I thank Senator HATCH for his leader- though these judges’ seats are tech- firmed 10 days faster than non-minori- ship and friendship on the Senate Judi- nically counted as vacant, they con- ties. The present 106th Congress is tak- ciary Committee. We have our dif- tinue to hear cases at reduced work- ing only 11 days longer to confirm a ferences. When I served on the com- load. Assuming that they maintain a 25 minority nominees than it is to con- mittee, we had some profound dif- percent workload (the minimum re- firm non-minority nominees. ferences, but I respect him very much, quired by law), the true number of va- These minor differences are a matter and I respect the job he does. cancies is less than zero. of happenstance. They show no clear I thank Senator HATCH personally for Third, allegations of race or sex bias trend. And even if there were actual the kind attention which he has given in the confirmation process are abso- differences, a differential of a week or to the vacancies in my home State of October 3, 2000 CONGRESSIONAL RECORD — SENATE S9659 Illinois. I am happy to report that with granted enormous responsibilities, and Will, of His Owner’’, a man ‘‘Without the nomination and confirmation of enormous power. Social, Civil, or Political Rights.’’ The Michael Reagan, we will have a full In just the past year, the Supreme decisions of the Supreme Court—and at complement of Federal judges in our Court has offered important rulings on times, the opinion of just one Justice— State, which will make the workload abortion, school prayer, gay rights, aid can make the difference between hav- more manageable all across the State. to parochial schools, pornography, Mi- ing, or losing, a cherished right. So I thank Senator HATCH and also randa rights, violence against women, Perhaps that is the reason that my Senator FITZGERALD. We have been parental rights—just to name a few. colleague, the senior Senator from working for the last 2 years, on a very Not all of these decisions have turned Utah, is of the opinion that a Presi- bipartisan basis, toward approving out as I would have hoped. dent’s power to make nominations to these nominees to have come before For instance, take the case of U.S. the Supreme Court and to the federal the Senate. vs. Morrison. The Supreme Court bench is—and this is a quote—‘‘. . .the Before I address the nomination of struck down a provision of the Vio- single most important issue of this Michael Reagan, I would like to ad- lence Against Women Act that gave next election.’’ dress a larger issue which involves not victims of rape and domestic violence I think he’s right. The next President only the Senate Judiciary Committee the right to sue their attackers in fed- may have the opportunity to make two but the entire Senate, the Congress, eral court. Congress passed this law to or three appointments to the Supreme and the people of this country because give women an additional means of Court. He may even appoint the next this week marks the opening of the Su- pursuing justice when they are the vic- Chief Justice. preme Court’s new term. It is a good tims of assault. We passed this law be- In the first two hundred years since moment to reflect on the role of the cause the States themselves did not al- the signing of the Constitution, the Su- Supreme Court, its past, and its future. ways adequately pursue rapists and as- preme Court invalidated 128 laws that This brief statement that I present to sailants. And the States acknowledged had been passed by Congress. About you represents some of the concerns I this! one law every two years, on average. have about the Supreme Court, the role Thirty-six States had entered this Since 1995, however, the Court has it is playing, and the impact of the suit on behalf of the woman who had struck down 21 laws, more than four Presidential election on the future of been victimized. They wanted victims per year. This is an unprecedented as- that Court. of violence against women to retain sertion of judicial power. One of the most interesting books the right to bring their attackers to Will the next President try to use the ever written about America was writ- court. But the Supreme Court, in a appointment process to further shift ten by a French tourist by the name of narrow vote, decided otherwise. The the balance of power between the Alexis de Tocqueville. He came to the vote . . . five to four. branches of government? United States 165 years ago, traveling But this close margin is not unusual Will the next President of the United around different cities and making ob- on our highest court—it is becoming States use a litmus test to ‘‘pack’’ the servations about this American char- commonplace. Rarely has the Supreme Supreme Court with Justices—Justices acter. This was a brand new nation. De Court been so narrowly divided for whose minds were already made up on Tocqueville wrote in his famous work such a long period of time. The replace- important issues? his observations and took them back to ment of just one judge could dras- That is what the far right, members Europe. tically change the dynamic of the of the Federalist Society, want. They One might think that a book such as Court for decades to come. want to turn back the hands of the that would be lost in history. It turns Chief Justice Rehnquist and Justices clock. out that de Tocqueville’s observations Scalia and Thomas—the Court’s most So I’m inclined to agree with the dis- were so impressive that 165 years later conservative members—tend to vote tinguished Senator from Utah. This is, we still turn to this book, and I think together on hot button social and po- indeed, one of the most important it is nothing short of amazing that his litical issues such as affirmative action issues of the Presidential campaign. observations turn out to be valid and school prayer. Centrist conserv- Imagine a Supreme Court with three today. De Tocqueville made an obser- atives, Justices O’Connor and Kennedy, Antonin Scalia’s—three Clarence vation about America and about all of usually join them. The dissent is often Thomases—three radically conserv- the important political questions in written by the more liberal justices— ative Justices bent on greatly restrict- our country which sooner or later turn Stevens, Souter, Ginsberg and Breyer. ing the authority of the federal govern- out to be judicial questions. This Both Ginsberg and Breyer are Clinton ment. The philosophical balance of the wasn’t a criticism. Quite the contrary. appointments. Court would shift dramatically. One by De Tocqueville admired the innova- Many of the Supreme Courts deci- one the protections that have been tions in the American judiciary that sions have been made on the basis of a built up over the past thirty five years granted the courts the independence single vote. Partial birth abortion— could fall. and clarity of function that were found five to four. Age discrimination—five If you read the history of the Su- nowhere else in the world. De to four. Gay rights—five to four. preme Court, you will note that up Tocqueville believed these observations Warantless police searches—five to until the time Franklin Roosevelt was would mean that America’s judicial four. The federal role in death penalty President, it was an extremely conserv- system would hear, and act on, the cases—five to four. ative and somewhat lackluster Court. most important issues of the day. He These are not mere academic cases. The Court started to change during couldn’t have been more correct. These are decisions that change peo- Roosevelt’s Presidency, and beyond. Think about the ‘‘big issues’’. The ple’s lives. We all hope that the Su- Republican and Democratic Presidents issues that the American people have preme Court will act wisely and fairly. thereafter appointed more activist cared about—argued about—most deep- But we also all know—history and judges who looked at the problems fac- ly. The issues that spark the most de- human nature tell us so—that this is ing America. One by one, the protec- bate—and the most passion. Sooner or not always the case. tions which we built up over that pe- later, the battle over these issues We learned in school about the Dred riod of time would be in jeopardy. comes before the highest court in the Scott case. Mr. Scott had lived in my Protection of the rights of minori- land. Slavery. Child labor. Worker safe- home state of Illinois—where slavery ties, women, and the handicapped; pro- ty. Monopolies. Unionization. Freedom was banned—and sued for his freedom tection of voting rights, civil rights, of the press. Capital punishment. Seg- on the basis that he had already lived worker rights, reproductive rights; pro- regation. Environmental protection. as a free man, and had the right to con- tection of the environment; protection Voting rights. A woman’s right to tinue to do so. The Supreme Court in- from gun violence; and protection of choose. famously disagreed, finding that Mr. our fundamental freedoms as Ameri- The battle always comes to the Su- Scott was nothing more than prop- cans. One by one, a different court preme Court; always comes before the erty—‘‘to be Used in Subserviency to could challenge each of these protec- nine justices who are Constitutionally the Interests, the Convenience, or the tions. S9660 CONGRESSIONAL RECORD — SENATE October 3, 2000 No longer could the federal govern- sumers, the handicapped and the elder- fully commissioned law enforcement ment require background checks for ly. position that he has held for the past gun purchases, rein in polluters, or pro- Martin Luther King., Jr., once said, three years. His background as a police tect the persecuted. ‘‘The moment is always right to do officer certainly qualified him in that I hope all Americans will give some what is right.’’ capacity. As an Honorary Deputy Sher- thought to the type of Supreme Court I think the moment is right to hold iff, Mr. Reagan has full arrest powers they feel can best serve the American the tobacco industry responsible for and is subject to be called to duty in people. I hope they give it some the costs incurred by the federal gov- the event of an emergency. thought before they go out and vote in ernment for the medical treatment of Mr. Reagan began his career in public November. individuals made ill by their deadly service as a police officer after grad- In addition to who will be appointed, products. uating with a Bachelor’s of Science de- it’s also critical to realize who is not I think the moment is right to hold gree from Bradley University in 1976, being appointed. the gun industry accountable for the his law degree from St. Louis Univer- More than any previous president, irresponsible design, manufacture, dis- sity in 1980. President Clinton has succeeded in di- tribution and marketing of their lethal Although Mr. Reagan holds many no- versifying the bench. Nevertheless, weapons. table positions, the most important women and minorities are still under- The moment is right to ensure that roles he plays are that of husband and represented in our Federal courts. It HMOs and health insurance companies father. Mr. Reagan has been married to isn’t as if some Members of Congress can be held accountable for their Elaine Catherine Edgar since 1976. have not tried to address this dis- wrongdoing that results in the injury They have four boys. I have met them parity. But as hard as we try to diver- or death of American citizens. all; they are great kids. sify the bench, we have not been able The moment may be right to elect a The Reagans will soon be celebrating to produce the record of success that President who will appoint Justices their 25th anniversary. It is a great we would like to show. who reflect that point of view and will family. I wonder how one of the great Jus- protect our civil liberties. I am pleased that the Senate will tices ever to serve on the Supreme I think the moment is right to re- have this opportunity to vote for Mi- Court, Justice Thurgood Marshall, move barriers to the bench so that chael Reagan. He possesses a rare com- would have reflected on the treatment every citizen—whether man, woman, or bination of intelligence, practical expe- of a nominee, Ronnie White for the whatever ethnic, racial, or religious rience, temperament, and devotion to Federal District Court in Missouri. He background—can be adequately rep- public service that makes for a great is a member of Missouri Supreme resented on our court. Federal judge. I look forward to his Court. He is African American. He was I will say a word on behalf of my service on the Federal bench. judged qualified and reported by the nominee who is before the Senate, Mi- I yield the floor. Senate Judiciary Committee. Then he chael Reagan, the judicial nominee for The PRESIDING OFFICER. The Sen- was rejected on the Senate floor by a the U.S. District Court for the South- ator from Virginia. party-line vote. Some labeled him a ern District of Illinois. Senator FITZ- Mr. ROBB. Mr. President, I join my ‘‘judicial activist.’’ They produced GERALD and I reached an agreement distinguished colleagues to express my some excuses or reasons for not con- about the selection of these nominees. outrage at the treatment of judicial firming him, and he was defeated—one Michael Reagan is the product of this nominees this year. I do so with the of the few times in modern memory agreement. same preface as my distinguished that a judge made it to the floor and Michael Reagan possesses all the friend from Illinois, in saying that I lost on a recorded vote. qualities necessary to make a tremen- have a good working and personal rela- I wonder how Justice Thurgood Mar- dous contribution to the federal bench. tionship with the chairman of the com- shall, the first black Justice appointed He has strong bipartisan support, as mittee, but the failure to confirm the to the Supreme Court 33 years ago, well as, the support of several re- nominees at this time is an outrage. would observe and reflect on what hap- spected judges, leaders, and organiza- I would like to focus my remarks on pened to Ronnie White. tions including: the National Sheriffs’ our efforts to fill one of the vacancies I think Justice Marshall would have Association; the Honorable Moses Har- on the Fourth Circuit Court of Appeals. viewed the current state of judicial rison II, Chief Justice, Illinois Supreme The Fourth Circuit Court of Appeals nominations differently than the Fed- Court; The Most Reverend Wilton D. has fifteen seats. Five of those seats eralist Society. This conservative Gregory, Bishop of the Diocese of are currently vacant. group has over 25,000 members plus Belleville; the Illinois Federation of We have one seat on the Fourth Cir- scores of affiliates, including former Teachers; and the Illinois Pharmacists cuit Court of Appeals that has been va- Independent Counsel Kenneth Starr; Association. cant for a decade—longer than any Supreme Court Justices Thomas and They have all written letters sup- other vacancy in the nation. Scalia; and University of Chicago’s porting Michael Reagan’s nomination Filling this vacancy has been deemed Richard Epstein and Frank to fill the Southern District of Illinois’ a ‘‘judicial emergency’’ by the U.S. Ju- Easterbrook, also a federal appellate judicial vacancy. dicial Conference. judge. Michael Reagan is a full-time public On June 30, the President of the And their numbers are growing. The servant who wears several hats. In ad- United States nominated Roger Greg- Federalist Society has chapters in 140 dition to his private practice, Mr. ory, a distinguished lawyer from Vir- out of the 182 accredited law schools. Reagan serves as a Commissioner of ginia, to fill this vacancy. Mr. Gregory The campus chapter at the University the Attorney Registration and Discipli- graduated summa cum laude from Vir- of Illinois College of Law is very ac- nary Commission of the Supreme Court ginia State University and received his tive. of Illinois. Mr. Reagan has held this po- J.D. from the University of Michigan. I don’t have to tell you about the So- sition since 1995 and is responsible for He has an extensive federal practice, is ciety’s ‘‘originalist’’ approach to the supervising the attorney registration an accomplished attorney, and was de- Constitution. Justice Scalia’s and Jus- and disciplinary system in Illinois, a scribed by Commonwealth Magazine as tice Thomas’s opinions clearly reflect very important assignment. one of Virginia’s ‘‘Top 25 Best and their point of view. In addition, Mr. Reagan serves as As- Brightest.’’ And he has bipartisan sup- I don’t have to tell you the Fed- sistant Public Defender in St. Clair port. Senators JOHN WARNER and eralist Society has been instrumental County, Illinois. In this capacity, he ARLEN SPECTER have also written to in influencing the law. They have represents indigent criminal defend- the Judiciary Committee to seek a helped to weaken or rolled back stat- ants charged with major felonies. Mr. hearing for Mr. Gregory. utes on civil rights and affirmative ac- Reagan has served as an Assistant Pub- Despite the well-documented need for tion; voting rights; women’s right’s lic Defender since 1996. another judge on this court, and de- and abortion rights; workers’ rights; Mr. Reagan also serves as an Hon- spite Mr. Gregory’s stellar qualifica- prisoners’ rights; and the rights of con- orary Deputy Sheriff in St. Clair, a tions, the Judiciary Committee has October 3, 2000 CONGRESSIONAL RECORD — SENATE S9661 stubbornly refused to even grant Mr. In my view, courts should better re- been waiting for more than 31⁄2 years Gregory the courtesy of a hearing. In flect the people over whom they pass and 1 year respectively. failing to provide Mr. Gregory with a judgment. We still have time, if only Judge Helene White, who is a court of hearing, the Judiciary Committee is we have the will to act. In 1992, when appeals judge in Michigan, was first abdicating its Constitutional responsi- there was a Republican in the White nominated in January of 1997. Her bility and is effectively standing in the House and the Democrats ran the Sen- nomination to the Sixth Circuit Court courthouse door to block this nomina- ate, we confirmed 6 Circuit Court of Appeals has never been acted upon. tion. judges later than July: 3 in August 2, in She has never been granted a hearing. Article II of the United States Con- September 1, in October. In fact, its in- Kathleen McCree Lewis was nomi- stitution makes clear that the Presi- structive to look at the one nominee nated to the Sixth Circuit over a year dent is to nominate and the Senate is who was confirmed in October of 1992. ago. It has been pending before the Ju- to provide advice and consent on the Timothy K. Lewis was nominated to diciary Committee for over a year. No nomination. It is difficult for the Sen- the Third Circuit Court of Appeals on hearing, no action. ate to provide advice or give its con- September 17. The Judiciary Com- These are two judicial nominees from sent if it won’t even allow the nominee mittee gave him a hearing on Sep- my home State of Michigan. Despite to be heard. Many excuses have been tember 24. He was reported out of the there being no objection that I know of offered for why this nominee won’t be Judiciary Committee on October 7, and to their nominations, and in the ab- granted a hearing. One convenient ex- confirmed by the Senate on October 8. sence of any explanation whatsoever, cuse is that this is a presidential elec- Roger Gregory is an outstanding they have been kept in limbo without 1 tion year. nominee. Rather than standing in the even a hearing for 3 ⁄2 years and 1 year There is nothing in Article II of the courthouse door, we ought to throw the respectively. I believe that is truly un- United States Constitution, however, door open and desegregate the Fourth conscionable. In the history of the Sen- that suspends its provisions every four Circuit. We ought to end this judicial ate, no nominee has waited as long as years. We have a constitutional obliga- Judge White for a confirmation hear- and moral emergency and we ought to tion to render our advice and, if appro- ing. The seat that she has been nomi- do it now. priate, grant our consent or, if not ap- 1 2 Mr. President, I yield the floor and nated for has been vacant for 5 ⁄ years. propriate, decline to grant our consent. reserve any time remaining for those It is considered a ‘‘judicial emergency’’ But we cannot just throw up our hands by the Judicial Conference of the covered under the unanimous consent and declare that this provision of the United States. order. Constitution is rendered meaningless There is no apparent reason for the The PRESIDING OFFICER (Mr. during presidential election years. denial of hearings for these two nomi- ENZI). The Chair, in his capacity as a The supposed logic that underlies nees. No one has questioned their Senator from Wyoming, suggests the this excuse is that the nominee may qualifications for the bench. No one absence of a quorum with time to be al- not reflect the judicial philosophy of that I know of objects to their can- the next Administration. But how can located equally between the sides. didacies. It is well known Judge White Without objection, the clerk will call we even question the nominee’s judi- and Ms. Lewis are both talented, hard- the roll. cial philosophy if we never hear from working nominees. The legislative clerk proceeded to him. So even this excuse argues in Each are highly respected for their call the roll. favor of granting the nominee a hear- records which show them to be women Mr. LEVIN. Mr. President, I ask ing. of integrity and fairness. Judge White The most recent excuse for failing to unanimous consent that the order for has had a distinguished career. She was act on Mr. Gregory’s nomination is the quorum call be rescinded. a trial judge for 10 years on the Wayne The PRESIDING OFFICER. Without that five years ago a gentleman from County Circuit Court bench and in 1992 North Carolina was nominated for this objection, it is so ordered. was elected to the Michigan Court of Mr. LEVIN. Mr. President, the Sen- seat, and so the argument goes this Appeals where she has served ever ate today will vote on the confirmation seat now ‘‘belongs’’ to North Carolina. since. She also serves on the board of of a number of judicial nominees. I not But five years before that, when this directors of the Michigan Legal Serv- seat and three others were created, a only have no problem with that, I very ices and the board of governors of the Virginian was arguably nominated to much favor it. These nominees deserve American Jewish Committee. fill this seat—but the Senate only a vote. The districts in which they will Kathleen McCree Lewis is a distin- acted to fill the other three seats and serve surely deserve to have their guished appellate practitioner at the this one has been vacant ever since. nominations acted upon. I believe the Detroit law firm of Dykema Gossett, More importantly, however, seats on Nation, as a whole, deserves to have one of the most prestigious law firms Courts of Appeal don’t ‘‘belong’’ to any these nominees, and other nominees in our State. She also served as a com- state. As I have already noted, there awaiting hearings and votes acted on missioner on the Detroit Civil Service are only ten judges currently sitting in by this Senate as well. Commission and on the Civic Center the Fourth Circuit. Four of these ten The Judiciary Committee held hear- Commission. She has argued dozens of judges are filling seats that were pre- ings for three of the nominees and ap- cases and is a respected appellate law- viously filled by a candidate judge and proved those nominations less than a yer in the very circuit to which she has then from another state. Finally, it’s a week after the nominations were re- been nominated. She also happens to be little hard for the senior Senator from ceived. Other nominees wait in vain for the daughter of the late Wade McCree, North Carolina to complain that the years just for a hearing. That strikes a highly respected judge who served on seat belongs to North Carolina when he me as being an arbitrary and inex- the Sixth Circuit, and was a former So- is the one who has been blocking a plicable system, unfair to nominees licitor General of the United States. If North Carolinian from filling the seat. awaiting hearings, awaiting votes, and confirmed, Kathleen McCree Lewis will Rather than hide behind excuses, the unfair to the districts or the circuits in be the first African American woman Senate Judiciary Committee ought to which they would serve if confirmed. I ever to serve on the Sixth Circuit. seize the opportunity to right a histor- believe it is also unfair—perhaps this is Gov. George Bush has said that the ical wrong. The Fourth Circuit Court most important of all—to the people Senate should act on nominees within of Appeals has the largest percentage who await justice in their courts. 60 days. That deadline passed years ago of African-Americans in the nation. Two Michigan nominees to the Sixth for Judge White and for Kathleen Yet, the Fourth Circuit has never been Circuit have been waiting unsuccess- McCree Lewis. According to Governor integrated. In fact, it is the only Cir- fully for a hearing for more than 31⁄2 Bush: cuit in the country that has never in years and 1 year respectively. Two The Constitution empowers the President history had minority representation. If women, highly qualified, nominated to nominate officers of the United States, we were to confirm Roger Gregory— from Michigan for the Sixth Circuit with the advice and consent of the Senate. who is African-American—we could where there is a severe shortage of Then he said: knock down yet another barrier that judges and an enormous caseload that That is clear-cut, straightforward lan- has existed for far too long. sits there pending, while they have guage. It does not empower anyone to turn S9662 CONGRESSIONAL RECORD — SENATE October 3, 2000 the process into a protracted ordeal of unrea- The Senate’s delay in considering Presi- less than a week. At the same time, I sonable delay and unrelenting investigation. dent Clinton’s nominations to the [Sixth Cir- will be thinking of the vacancies that To keep these nominees pending for cuit] court is unfair to Michigan, to the exist on the Sixth Circuit Court of Ap- so long without hearings is unfair to nominees, and to anyone whose future might peals that have remained unfilled for be affected by a decision of this court. the nominees, particularly where there years, where there is a judicial emer- is no known objection and where there An editorial in the Observer and Ec- gency, an enormous backlog, and is no explanation for the refusal to centric newspapers urged the Judiciary where, despite all the pleas from the grant hearings. Committee and its members to ‘‘give bar association, the Sixth Circuit, from Even more important, it is unfair to two thoughtful and well-respected indeed the Chief Justice of the United the citizens served by the court. There Michigan lawyers the courtesy of time- States, to vote on confirmations, we is a large backlog of cases in the Sixth ly hearings on their nominations to the have these two well-qualified women Circuit which is a serious concern for Federal judiciary that is currently from Michigan sitting there, awaiting not just Michigan but for all the States hamstrung in carrying out its work.’’ a hearing, endlessly in limbo, nothing that are served by that court. Over An editorial in the Detroit News de- but silence, no explanation as to why one-fourth of the judgeships on the scribed the failure to act on Sixth Cir- their hearings are refused, no objection Sixth Circuit are currently vacant, and cuit nominees as ‘‘the sort of die-hard being noted or stated to their nomina- that is among the highest vacancy rate intransigence that should be out of tions, only two well-qualified women of any circuit court in the country. bounds.’’ left in limbo and in silence. Judge Gilbert Merritt, who recently And a Jewish News editorial called We can do better. We should do bet- served as chief judge of the Sixth Cir- the stall a ‘‘travesty of justice.’’ ter. I hope we find a way some day to cuit, wrote in a March 20 letter to If Senators have concerns about do better. Chairman HATCH: The court is ‘‘hurting something in the records of these I ask unanimous consent to print in badly and will not be able to keep up Michigan candidates—and no one has the RECORD the following letters and with its workload due to the fact that raised anything to that effect—then editorials. the Senate Judiciary Committee has Senators should air their concerns in a There being no objection, the mate- acted on none of the nominations to committee hearing and then let the rials were ordered to be printed in the our court.’’ committee vote. It is unfair to Michi- RECORD, as follows: Judge Merritt went on to say the fol- gan, it is unfair to the citizens who use U.S. COURT OF APPEALS lowing—and this is the former chief this court to keep these judicial nomi- FOR THE SIXTH CIRCUIT, judge who still sits on the court. This nees endlessly in limbo, despite the ab- Nashville, TN, March 20, 2000. is what Judge Merritt said: sence of any objection that I know of Re: Vacancies on the Sixth Circuit Court of Our court should not be treated in this to their nominations and with no ex- Appeals fashion. The public’s business should not be planation forthcoming whatsoever. Hon. ORRIN HATCH, treated this way. The litigants in the Fed- A number of us have spent many U.S. Senate, eral courts should not be treated this way. Washington, DC. The remaining judges on a court should not hours over the last few years trying to DEAR SENATOR HATCH: Several years ago be treated this way. The situation in our get hearings for these Sixth Circuit Court of Appeals nominees from Michi- during the period that I was Chairman of the court is rapidly deteriorating due to the fact Executive Committee of the United States that 25 percent of the judgeships are vacant. gan, and yet two well-qualified can- Judicial Conference, we met from time to Each active judge of our court is now partici- didates, each deserving a hearing and a time, and you were always concerned that pating in deciding more than 550 cases a Senate vote, have been left in limbo the Senate Judiciary Committee do its duty year—a caseload that is excessive by any with no explanation, no stated objec- in filling the vacancies on the various Courts standard. In addition, we will have almost of Appeals. I write now to you to request 200 death penalty cases that will be facing us tion. What we are doing today in approv- that the Judiciary Committee bring up for a before the end of the next year. hearing and a vote nominations to the Sixth The Founding Fathers certainly intended ing these four nominees, it seems to Circuit Court of Appeals. the Senate ‘‘advise’’ as to judicial nomina- me, is surely our function, totally ap- I was taken aback to see an alleged state- tions, i.e., consider, debate and vote up or propriate, and I believe and hope the ment of Senator Mike DeWine from Ohio down. They surely did not intend that the nominees will be confirmed. that no vote would be taken for a nomina- Senate, for partisan or factional reasons, As we do this, we should also focus on tion to fill the vacancy currently existing would remain silent and simply refuse to nominees pending in the Judiciary from Ohio. Senator DeWine was quoted as give any advice or consider any vote at all, Committee, awaiting hearings or saying that due to partisan considerations thereby leaving the courts in limbo, under- there would be no more hearings or votes on staffed and unable to properly carry out awaiting a vote by the committee after a hearing, who are left there no matter vacancies for the Sixth Circuit Court of Ap- their responsibilities for years. peals. I hope that this was not an accurate That is Judge Merritt’s letter. In ad- how long they have been waiting, quote. dition to that, the Judiciary Com- sometimes, again, years in the case of The Sixth Circuit Court of Appeals now mittee chairman, Senator HATCH, re- Helene White and Barry Goode. We has four vacancies. Twenty-five per cent of ceived a letter from 14 former presi- have others who have been waiting the seats on the Sixth Circuit are vacant. dents of the State bar of Michigan. since April of last year, June of last The Court is hurting badly and will not be able to keep up with its work load due to the These include, by the way, Democrats year, August of last year, September of last year. I think we can do better than fact that the Senate Judiciary Committee and Republicans. That letter pleads for has acted on none of the nominations to our action relative to the situation on the that. We should rise above that kind of Court. One of the vacancies is five years old Sixth Circuit. nonaction on the part of our Judiciary and no vote has ever been taken. One is two The Michigan bar presidents wrote in Committee. years old. We have lost many years of judge their letter to Senator HATCH that the No plea from me or from others who time because of the vacancies. state of affairs on the Sixth Circuit has have worked with me on these nomina- By the time the next President is inaugu- ‘‘serious adverse effects on the bar and tions has produced hearings, despite rated, there will be six vacancies on the Court of Appeals. Almost half of the Court the administration of justice for our the editorials, despite the letters from the bar associations and from Judge will be vacant and will remain so for most of clients. We urge you to promptly 2001 due to the exigencies of the nomination schedule hearings for, and to pass to Merritt. Despite all these efforts, we process. Although the President has nomi- the Senate floor for a vote, the nomi- have received just silence and state- nated candidates, the Senate has refused to nations of Judge Helene White and ments about waiting a little longer or take a vote on any of them. Kathleen McCree Lewis.’’ ‘‘we’ll see’’ or ‘‘we’ll try.’’ Our Court should not be treated in this In the last few months, there have We should be better than that. The fashion. The public’s business should not be also been several articles and editorials Constitution wants us to be better than treated this way. The litigants in the federal that. I will vote to confirm these nomi- courts should not be treated this way. The in papers around Michigan calling on remaining judges on a court should not be the Senate to confirm the court of ap- nees whose nominations, in many treated this way. The situation in our Court peals nominees for Michigan. cases, were sent to the Senate, heard is rapidly deteriorating due to the fact that An editorial in the Detroit Free by the Judiciary Committee, and ap- 25% of the judgeships are vacant. Each ac- Press said: proved by the Judiciary Committee in tive judge of our Court is now participating October 3, 2000 CONGRESSIONAL RECORD — SENATE S9663 in deciding more than 550 cases a year—a As former Michigan Bar Presidents, we cludes Paul C. Light, of the Brookings Insti- case load that is excessive by any standard. agree with our Ohio colleagues that the situ- tution (usually a liberal Washington think In addition, we have almost 200 death pen- ation has serious adverse affects on the bar tank) and Virginia L. Thomas, of the Herit- alty cases that will be facing us before the and the administration of justice for our cli- age Foundation (usually conservative) in a end of next year. I presently have six pend- ents. We urge you to promptly schedule study of the experiences of 435 cabinet and ing before me right now and many more in hearings for, and to pass to the Senate floor sub-cabinet officials who served in the the pipeline. Although the death cases are for a vote, the nominations of Judge Helene Reagan, Bush and Clinton administrations. White and Kathleen McCree Lewis. very time consuming (the records often run Some found treatment by the White House Respectfully, to 5000 pages), we are under very short dead- appointments people ‘‘an ordeal.’’ lines imposed by Congress for acting on Honorable Victoria A. Roberts (1996– these cases. Under present circumstances, we 1997); Honorable Dennis W. Archer Others—35 percent of Reagan administra- will be unable to meet these deadlines. Un- (1984–1985); John A. Krsul (1982–1983); tion appointees and 57 percent of Clinton’s like the Supreme Court, we have no discre- George T. Roumell, Jr. (1918–1986); Wil- nominees—were held hostage to the politics tionary jurisdiction and must hear every liam G. Reamon (1976–1977); Joseph L. of the U.S. Senate in waiting for confirma- case. Hardig, Jr. (1977–1978); Eugene D. tion hearings. The Founding Fathers certainly intended Mossner (1987–1988); Donald Reisig That’s one reason a lot of talented people that the Senate ‘‘advise’’ as to judicial nomi- (1988–1989); Robert B. Webster (1989– are not about to consider appointment to top nations, i.e., consider, debate and vote up or 1990); Fred L. Woodworth (1991–1992); government positions. down. They surely did not intend that the George A. Googasian (1992–1993); Jon R. A perfect instance of this general problem Senate, for partisan or factional reasons, Muth (1994–1995); Thomas G. Kienbaum concerns the nominations of two Michigan would remain silent and simply refuse to (1995–1996); and Edmund M. Brady, Jr. lawyers to fill vacancies on the U.S. Sixth give any advice or consider and vote at all, (1997–1998). Circuit Court of Appeals that have been thereby leaving the courts in limbo, under- twisting slowly in the wind of the U.S. Sen- staffed and unable properly to carry out [From the Detroit Free Press, May 2, 2000] ate for far too long. their responsibilities for years. JUDGES ON HOLD: SENATE HURTS JUSTICE BY You and other members of the Senate have DELAYING CONFIRMATIONS Helene White is presently a member of the appeared before the Judicial Conference and Michigan Court of Appeals; nominated by The 6th Circuit Court of Appeals now has President Clinton in January 1997, Judge other judges’ groups many times and said four vacancies. Twenty-five percent of the White has yet to receive a hearing from the that you care about the federal courts. I seats . . . are vacant. The court is hurting hope that you will now act to help us on the badly and will not be able to keep up with its Senate Judiciary Committee. Kathleen Sixth Circuit Court of Appeals. We need your workload due to the fact that the Senate Ju- McCree Lewis, the daughter of former U.S. help and the help of the two Senators from diciary Committee has acted on none of the Solicitor General Wade McCree, is a partner Ohio, the two Senators from Tennessee, the nominations to our court.’’ in the Dykema Gossett law firm in Detroit; two Senators from Kentucky, and the Sen- Those were the words of Judge Gilbert her nomination has been pending before the ators from Michigan. Merritt, former chief judge of the Cin- Judiciary Committee since September, 1999. Sincerely, cinnati-based circuit, in a letter last month The Sixth Circuit is authorized to have 16 GILBERT S. MERRITT. to Senate Judiciary Chairman Orrin Hatch, judges. Currently, the Court has four vacan- R-Utah, and eight other senators—including cies, one of which goes back for five years. JULY 7, 2000. Senates Carl Levin and Spencer Abraham of For the Court to operate at 75 percent effi- Re: Vacancies on the Sixth Circuit Court of Michigan, one of eight states covered by the ciency means long delays to the litigants Appeals. circuit. and enormous workloads for the remaining Hon. ORRIN HATCH, Merritt should not be alone in his outrage. judges (each of whom now has a caseload of U.S. Senate, The Senate’s delay in considering President 550 cases each year). Authorities now con- Washington, DC. Bill Clinton’s nominations to the court is sider the number of vacancies in the federal Hon. PATRICK LEAHY, unfair to Michigan, to the nominees, and to court system to constitute a ‘‘judicial emer- U.S. Senate, anyone whose future might be affected by a gency.’’ decision of this court. Washington, DC. What’s going on here? DEAR SENATORS HATCH AND LEAHY: Re- The judicial confirmation process has cently, the former and current presidents of bogged down in mean-spirited, petty partisan Michigan’s Senator Carl Levin, a Democrat the Ohio State Bar wrote Senators DeWine wrangling between Democrat Clinton and and a minority member of the Judiciary and Voinovich a letter expressing their deep the Republican-controlled Senate, which Committee, says it’s because Republicans in concern over the present situation in the seems determined to wait out the lame duck the Senate, hoping to win the presidency Court of Appeals for the Sixth Circuit. With and let his nominations wither. this fall, have decided to hold up judicial It’s not just the 6th Circuit, either. Accord- four of the sixteen seats vacant, the circuit nominations from the Clinton White House. ing to the Senate Judiciary Committee, is in a state of judiciary emergency. Former there are 78 vacancies and 10 future vacan- As evidence, he produces a table showing Chief Judge Gilbert Merritt has said: that while the Democrats controlled the ‘‘Our Court should not be treated in this cies in the federal judiciary. Only seven judges have been confirmed this year. Six Senate during the Bush Administration, a fashion. The public’s business should not be total of 66 federal judges were confirmed. treated this way. The litigants in the federal nominees are pending on the Senate floor, 39 courts should not be treated this way. The in committee, one nominee has withdrawn. However, when the GOP ran the Senate The 6th Circuit vacancies are for seats va- remaining judges on a court should not be during the first term of the Clinton Adminis- cated by Judges Damon J. Keith and Cor- treated this way. tration, 17 judges were confirmed. nelia Kennedy. Michigan Appeals Court So far in Clinton’s second term, the Senate * * * * * Judge Helene White was nominated in Janu- has confirmed only seven judges, with a total ‘‘The Founding Fathers certainly intended ary 1997 to fill the Keith vacancy. She has of 33 judicial nominees hanging fire before that the Senate ‘‘advise’’ as to judicial nomi- never had even a hearing. Nominee Kathleen nations, i.e., consider, debate and vote up or McCree Lewis has been waiting since Sep- the Judiciary Committee without any hear- down. They surely did not intend that the tember 1999. ings scheduled on their nominations. There Senate, for partisan or factional reasons, This is a disgrace that did not have to hap- are at present 81 vacancies in the federal ju- would remain silent and simply refuse to pen. Abraham sits on the Judiciary Com- diciary. give any advice or consider and vote at all, mittee and could move these along. Instead, Michigan’s other Senator, Spencer Abra- thereby leaving the courts in limbo, under- he stalled consideration for three years, ham, is also a member of the Judiciary Com- staffed and unable to properly to carry out claiming the Clinton administration mittee, but as a Republican his party con- their responsibilities for years.’’ blindsided him with the White nomination. trols the committee. It’s hard to fathom what that has to do Chief Justice Rehnquist has expressed the I asked Joe Davis, a spokesman for Sen- with the efficient, effective administration same sentiments. ator Abraham, how come it’s taken three Presently three Michigan seats remain of justice in reasonable time, with the best and a half years (in the case of Judge White) open. The President has made two nomina- interests of citizens in Michigan. and eight months (in the case of lawyer tions. Judge Helene White was nominated in The federal court system should not be Lewis) just to get the committee to hold January 1997, and is the longest pending treated this way. Neither should the judges hearings on their nominations. nominee without a hearing by over a year; who seek to serve it, nor the citizens it is Kathleen McCree Lewis was nominated in supposed to serve. According to Davis, ‘‘Senator Abraham September, 1999. Senator Abraham returned does not know whether or when hearings will the ‘‘blue slips’’ for the nominees in April. [From the Michigan Press, June 25, 2000] take place. He wants them to take place, Joe Davis, a spokesman for Senator Abra- IS THE GOP PLAYING POLITICS WITH JUDICIAL though.’’ ham, was quoted as saying that Senator APPOINTMENTS? That’s nice. Frankly, I suspect if Senator Abraham wants hearings for these nominees (By Phil Power) Abraham really wanted the Judiciary Com- to take place. Still, no hearings have been ‘‘The presidential appointments process mittee to hold hearings on these nomina- scheduled. now verges on complete collapse.’’ So con- tions, he’d find a way to do it PDQ. S9664 CONGRESSIONAL RECORD — SENATE October 3, 2000 A member of the Sixth Circuit, Judge Gil- Certainly, there is ample room for dis- have been told is, it is over with. They bert S. Merit, wrote in March a letter to agreement when the legislative and execu- are not going to report any more of Senate Judiciary Chairman Orrin Hatch: tive branches of government are in the hands these nominees out for circuit courts. ‘‘The Founding Fathers certainly intended of different parties. But Mr. Lott’s pique has I have also heard the argument that that the Senate ‘advise’ as to judicial nomi- outlived any reasonable purpose. [It is the nations, i.e., consider, debate and vote up or sort of die-hard intransigence that should be Bonnie Campbell was not nominated down. out of bounds.] until this year so we shouldn’t expect They surely did not intend that the Sen- Mr. LEVIN. I yield the floor and sug- this nominee to go through. Let’s take ate, for partisan or factional reasons, would gest the absence of a quorum. a look at what I am talking about with remain silent and simply refuse to give any these charts. This is kind of a busy advice or consider and vote at all, thereby The PRESIDING OFFICER. Without objection, the time will be equally di- looking chart, but these are the circuit leaving the courts in limbo, under-staffed judges nominated in 1992 by then-Presi- and unable properly to carry out their re- vided. The clerk will call the roll. sponsibilities for years.’’ The legislative clerk proceeded to dent George Bush. These were all nomi- Senator Abraham is running for reelection call the roll. nated in 1992. There were 14 nominated. this fall. Mr. HARKIN. Mr. President, I ask There were 9 who had hearings, 9 who He is stressing his performance as an effec- unanimous consent that the order for were referred, and 9 who were con- tive senator in his campaign. Somebody firmed, 9 out of 14 who were nominated should ask him why he can’t get his com- the quorum call be rescinded. mittee to give two able, thoughtful and well The PRESIDING OFFICER. Without that year. respected Michigan lawyers the courtesy of objection, it is so ordered. There was one nominee—Timothy timely hearings on their nominations to the Mr. HARKIN. Mr. President, par- Lewis—who was nominated in Sep- federal judiciary that is currently ham- liamentary inquiry: I understand this tember of 1992, had his hearing in Sep- strung in carrying out its work. Senator has 30 minutes? tember of 1992, was referred in October The PRESIDING OFFICER. That is of 1992, and confirmed in October of [From the Detroit News, August 13, 2000] correct. 1992. If the attitude that prevails GET JUDGES OUT OF LIMBO Mr. HARKIN. I thank the Chair. among the Republican leadership today Michigan Court of Appeals Judge Helene Mr. President, I will support consid- had prevailed in the Democrat-con- White got the welcome word that she had eration by the Senate of these nomina- trolled Senate in 1992, we would not been appointed to the federal bench in Janu- tions to fill district judge vacancies in ary 1997. have confirmed anyone after July. This That was 43 months, or more than 1,300 Arizona and Illinois because we are en- year, we have had none since July. days ago. She is still waiting to be approved tering a critical stage in the rising In 1992, we had two in September, two by the U.S. Senate and take her seat with number of judicial vacancies in our in August, and one in October, despite the Sixth Circuit appeals court in Cin- Federal courts. However, in addition to the fact that it too was late in an elec- cinnati, which covers Michigan and several the district vacancies, there are 22 va- tion year. This year we have only had other states. She now has the distinction of cancies in our Federal appeals courts, one. being the longest-delayed judicial nominee in American history. and pending before the Judiciary Com- It is clear who is playing politics Judge White has been caught in the cross- mittee are several appeals court nomi- with judgeships. The Republican lead- fire between President Bill Clinton and the nations who are more than qualified to ership of the Senate is playing the Republican Senate leadership. So has Detroit fill those positions. That, of course, in- most baldfaced politics. It is not al- attorney Kathleen McRee Lewis, whose nom- cludes a constituent of mine, Bonnie J. leged that these nominees are not ination to the same court has been held up Campbell, former attorney general of qualified. It is simply that they were for nine months. The Senate is angry, and justifiably so, at the State of Iowa and presently the nominated by a Democratic President. the president for deliberately bypassing the head of the Department of Justice Of- That is all. I have not heard one person confirmation process and appointing Bill fice of Violence Against Women. Her on the Republican side tell me that Lann Lee head of the civil rights division of nomination is for the Eighth Circuit Bonnie Campbell is not qualified to be the Justice Department. President Clinton U.S. Court of Appeals. a circuit court judge. knew that Mr. Lee did not stand a chance of These positions should be filled with Some people on the other side may being confirmed because of the his record in qualified individuals as soon as pos- have some differences with her on some backing racial quotas. Mr. Clinton got around it by the semi-devi- sible. I urge the Republican leadership of her views. I understand that. I have ous route of making a recess appointment. to take the steps necessary to allow had differences of view with judges I This has infuriated Senate Majority Leader the full Senate to vote up or down on have voted to confirm. Why? Because I Trent Lott. In retaliation, he is holding up 37 these important nominations. thought they were qualified. judicial appointments. Basically what I have been hearing I thought that if the President nomi- This is exactly the sort of bitter political from the other side of the aisle, the Re- nated them, they had a fair hearing, obstruction that Texas Gov. George W. Bush publican leadership, is: This is an elec- and they were reported out, my only pledged to end in his convention acceptance speech last week. tion year. Why allow circuit nominees decision was whether or not they were ‘‘I don’t have enemies to fight,’’ he said. ‘‘I a vote on the floor? Hold it up. Maybe qualified—not whether they were ideo- want to change the tone in Washington to Governor Bush will win the election logically opposed to me or to how I feel one of civility and respect.’’ and we will control the Senate and the or what I believe. It has been my obser- Senate Republicans should listen to their House, and we can have a whole new vation over the last quarter century party’s nominee. While their anger is under- batch of appointees next year. that oftentimes when judges who have standable. It is the courts, and by extension That attitude led me to take a look more of a liberal bent get appointed to those who use the federal courts, who are punished because of the resulting shortage of at the history of our judicial nomina- the court, in many cases they come judges. tions. Let’s go back to a time when down on the more conservative side of Sen. Lott hasn’t even scheduled hearings there was a mirror image of what we cases. And I have seen conservative for these nominations. And the clock is tick- have here, when there was a Repub- judges appointed to the court come ing. If no action is taken by Oct. 6, when the lican President in the White House and down on the liberal side of cases. You Senate adjourns, the nominations will die. a Democratic majority in the Senate. never really know how this will come U.S. Sen. Spencer Abraham, the Michigan That year would be 1992. That year, Republican, initially supported the stall by out, but you know whether or not peo- withholding his approval of the nominations then-President George Bush nominated ple are legitimately qualified to serve on the grounds that he was not properly con- fourteen circuit court judges. From on the bench. sulted by the White House. But he has since July through October, the Democrat- So the arguments made that Bonnie been mollified, and he has given his go- controlled Senate confirmed nine of Campbell wasn’t nominated until this ahead. His staff says, however, that he will those judges. This year, a Democratic year—well, as I said, in 1992, we had not push for hearings, which would be within President nominated seven circuit nine circuit court judges confirmed his power as a member of the Judiciary Com- court judges but with a Republican- that were nominated in that year. A mittee. That is for the Democratic nomi- controlled Senate, only one of these couple of these were quite controver- nators to do, his staff argues. Every nominee deserves, at the least, a nominees has been confirmed. We have sial. This year, we have had one con- hearing within a reasonable time frame. Mr. several pending, but we see no action. firmed. We have six more pending for Bush has specifically suggested 60 days. Time is running out. Basically what I the circuit courts. I know my colleague October 3, 2000 CONGRESSIONAL RECORD — SENATE S9665 from Vermont, who is ranking member Bonnie Campbell? Politics, the rankest brought honor and acclaim to that of- on the Judiciary Committee, stated form of politics. fice and the administration of that law, this last week that when a majority in The majority is being very incon- do you think that 415 Members of the the Senate starts playing these kinds sistent in their arguments. They say, House would have voted to reauthorize of games, the result is that when the well, Bonnie Campbell was nominated it? No. They would have been on their other side becomes the majority they this year, so it is too late. Mr. Teilborg feet over there, one after the other, will do the same thing. That is too bad was nominated this year—nominated, talking about how terrible this office for our democratic system of govern- had a hearing, and was reported out all has been run and how the person oper- ment, too bad for the judgeships, and in the same week, and he will be con- ating that office had done such a bad for our third branch of Government to firmed today. If this year was too late job in enforcing the law. Not one Mem- have that happen. for Bonnie Campbell, why wasn’t it too ber of the House took the floor to so I am not naive enough not to know late for James Teilborg? speak. that there are always politics involved As I said, nobody has come up and The one person to head that office is in how judges are nominated. I under- said Bonnie Campbell is not qualified. I Bonnie J. Campbell. Not one person I stand that. That is the system in which challenge someone to come on the floor have ever run across has said she has we live. But there comes a point where and say that. Again, if people want to done anything less than an exemplary politics ends and responsibility begins. vote against Bonnie Campbell to be a job in running that office. Yet the Sen- When you have people who have had a circuit court judge, that is the right of ate Judiciary Committee will not re- hearing, who are qualified, yet they each Senator—not only a right, but an port her name out for action by the full won’t be reported out for a vote on the obligation—if they believe someone is Senate. Yet we will get the Violence Senate floor, that is pure politics and unqualified. We can’t do that as long as Against Women Act here and Senator that is the height of irresponsibility. she is bottled up in the committee. after Senator will rush up to speak The Republican leadership is being to- The Senator from Utah has the power about how great this law is. I will bet tally irresponsible. on that committee to report her out. I you won’t hear one Senator get up and Of the judges nominated in 1992, say to my good friend from Utah, who say how badly this law has been admin- every judge who got a hearing—every just appeared on the floor, the Senator istered by the Office of Violence single judge who had a hearing in a from Utah can report Bonnie Camp- Against Women in the Department of Democrat-controlled Congress, when a bell’s name out here to the floor and Justice. Democrat was the Chair of the Judici- we can have a vote on this nominee. That tells you what an outstanding ary Committee, when the Democrats That is the way it should be done. No- job Bonnie Campbell has done in that controlled the Judiciary Committee, body has come up to me to say she is office. every person who got a hearing was not qualified. She is a former attorney If that is the case, why won’t the confirmed. Every single one. That is general of the State of Iowa. Since 1995, Senate Judiciary Committee report her not the case today. Too many political she has led the implementation of the name out? Politics; pure rank politics. games are being played, I am afraid, on Violence Against Women Act as the That is what is going on in the Judici- ary Committee today. I hope it won’t the Judiciary Committee and on the head of that office under the Justice be that way if the Democrats take other side. Department. She has broad support on I would like to mention one other ju- both sides of the aisle. This is a case charge of the Senate. I am not on the dicial example from 1992. Michael where a judicial nominee has the sup- Judiciary Committee, but we tend to Melloy was nominated for the district port of both the Republican Senator get in what I call a ‘‘cesspool spiral,’’ like a whirlpool. One side takes over court in April of that year. He was a from Iowa, Mr. GRASSLEY, and the Bush nominee, supported by Senator Democratic Senator from Iowa, me. the majority and begins to stall nomi- nations, and then the other side takes GRASSLEY. As my colleagues know, Yet she has not been reported out of over, we keep spiraling down further Senator GRASSLEY and I have a long- the Judiciary Committee. I say report and further to the point where any standing commitment to support the her out. If people want to vote against nominee for a Federal court will be nominations of individuals from Iowa her or say something about her quali- held up months and perhaps even years to our courts. Mr. Melloy is an example fications, let them. while we await the next election. Then of this. He was nominated April 9, 1992, I can stand here today and talk about our third branch of Government truly received his hearing on August 4, 1992, the qualifications of James Teilborg, or the other people; but, quite frankly, becomes a political football. reported out of committee on August I hope the Judiciary Committee and I am convinced they are qualified. I 12, 1992, and confirmed by the Senate the leadership on that side—I say to may be opposed to the way they think that very same day in 1992. my friend from Utah—will listen to the Again, I may have been ideologically once in a while, but they are qualified. words of Texas Governor George Bush. opposed to Mr. Melloy. There may have Is the reason Bonnie Campbell is not He said he would call for a 60-day dead- been some things he believed in that I being reported out because somebody line for judges—once they are nomi- didn’t, but there was no question in my on the other side of the aisle doesn’t nated, the Senate will have 60 days to mind that Mr. Melloy was fully quali- like the way she thinks, or because she hold a hearing, to report out of com- fied to be a Federal judge. As long as may have a view on an issue contrary mittee and vote on the Senate floor. he was qualified and supported by Sen- to theirs? The rankest form of politics Bonnie Campbell has been there a lot ator GRASSLEY and the administration, is holding up Bonnie Campbell’s nomi- longer than 60 days and so have some I supported that nominee, even though nation. We have a backlog of nominees of the other judges. it was in the closing days of 1992. and we should vote on her. I say to my friends on the Republican Let’s look at the current nominees The Violence Against Women Act ex- side—you are supporting George Bush that we have. Three of the four we are pires this year. The Office of Violence for President. If he said he would call going to be voting on today were nomi- Against Women in the Department of for a 60-day deadline, I ask my friends nated, got hearings, and were reported Justice has had only one person head it on the Republican side: Why don’t we out of the committee within one week. since this bill was first implemented in act accordingly? Mr. James Teilborg was nominated on 1995, and that is Bonnie J. Campbell. In this Congress, the judicial nomi- July 21, 2000, got his hearing on July The reauthorization of the Violence nees who have been confirmed had to 25, and was reported out of the com- Against Women Act was voted on in wait on average 211 days. Governor mittee on July 27. Now he stands to be the House of Representatives last Bush said they should not wait longer confirmed today. On the other hand, week. If I am not mistaken, I think the than 60 days. This is not getting better; Bonnie Campbell received a hearing by vote was 415–3. So 415 Members of the it is getting worse around here. It is the Judiciary Committee in May— House voted to reauthorize the Vio- really a shame. more than 2 months before Mr. lence Against Women Act. Now, if the Let’s look at the percentages. I am Teilborg. Yet she is not here on the only person to ever head that office told: This is the same today as it was floor. Why is it that Mr. Teilborg can had done a bad job in enforcing that before—blah, blah, blah, blah. I hear come out on the floor today and not law, had not acted responsibly, had not this all the time—nothing has changed. S9666 CONGRESSIONAL RECORD — SENATE October 3, 2000 It has changed dramatically. For ex- ing those same years, children under Campbell has had the support not just of ample, in the Reagan years, during the the age of 12 lived in 43 percent of the Senator Tom Harkin, but also Senator 98th Congress, the Republicans were in households where this violence oc- Charles Grassley, even though it must stick in Grassley’s craw. Campbell, who ran for the majority. They had a Republican curred. It is generational. The kids see governor of Iowa in 1994 and lost, made re- President. We received 22 circuit court it, they grow up, and they become abu- marks during her race about Christian con- nominations, and 14 were confirmed. sive parents themselves. servatives that riled conservative activists, This is a Republican President and a In Iowa, and all across America, pros- who appealed to Grassley to kill her bid for Republican Senate—22 received, and 14 ecutors, victim service organizations, the bench. That’s fair; whatever you think of confirmed, for a 63.6-percent confirma- and law enforcement officers are fight- the merits of their arguments, it’s their tion rate. ing. But they need help. We need to re- right to protest something as significant as authorize the Violence Against Women a lifetime judicial appointment. Let’s look at the 100th Congress. Grassley declined to side with his tradi- President Reagan was still President, Act. But there is more we can do to tional conservative allies and supported but there was a Democratic Senate. make sure that we have judges who Campbell, saying Democrats did not stand in Twenty-six circuit court judge nomina- know what is happening from firsthand the way he wanted judicial appointments tions were received; 17 were confirmed, experience and who can make sure that during the waning days of the Bush presi- for a 65.4-percent confirmation rate. the law is applied fairly and upheld in dency. While Grassley predicted that Camp- Think about that. Democrats had a courts around the country. bell would fall victim to election-year poli- That is why we need someone like tics, there’s no evidence that he has tried to higher confirmation rate under Presi- sabotage her behind the scenes. dent Reagan—a very conservative Bonnie Campbell on the circuit court Campbell’s nomination hung around all President. We had a higher confirma- of appeals. As I said, she is widely sup- summer, gaining the support of the bar asso- tion rate when the Democrats were in ported. She is supported by me and by ciation and the Iowa Police Association. charge of the Senate than when the Re- Senator GRASSLEY. She has the support When Congress returned to work in Sep- of judges, police organizations, women, tember, Harkin started turning up the heat. publicans were in charge. We didn’t During the past week, he has taken to the block things when the Democrats were and domestic violence coalitions. She has strong support in the State of Iowa floor repeatedly to lambaste majority Re- in charge. publicans for holding up the nomination, and Next, the 102d Congress, 1991–1992. and on both sides of the aisle. he holds forth at length on the Campbell President Bush was the Republican I ask the chairman of the committee: nomination with Iowa reporters. making nominations and the Demo- Why aren’t we reporting out Bonnie This has been a masterful strategy by Har- crats were in charge in the Senate. We Campbell? Why? Just one simple ques- kin, who’s become such a surrogate for Vice President Al Gore that Harkin was paired received 31 circuit court nominations. tion: Why? Is there a member of the majority who thinks she is not quali- with GOP vice-presidential nominee Dick Twenty were confirmed, again, for a Cheney on a Fox News show. Campbell’s 64.5-percent confirmation rate—Repub- fied? Let them so state. Have specific woes only assist Harkin in making the case lican President and a Democratic Sen- objections been raised as to her quali- for a Democratic presidency, over and over ate. fications? If so, we ought to know that again in media outlets across Iowa. Now we move to the 104th Congress. so they can be addressed. But all we On Tuesday night, Harkin enlisted the help of Senator Joe Biden, the Delaware Demo- We had a Democratic President, Presi- hear is a deafening silence from the other side. We are left to assume that crat and Judiciary Committee member who’s dent Clinton, and we had a Republican a friend of Campbell. Harkin and Biden Senate. Twenty circuit court nomina- the reason Bonnie Campbell is being formed a mutual admiration society on the tions were received; 11 were confirmed. held up is because they are hoping floor to praise Campbell, and Biden recalled That was a 55-percent confirmation their nominee wins the election. That that he recommended that Campbell be made rate. is their right to hope that. They can director of the Violence Against Women of- Now we are in the 106th Congress. We work as hard as they can for him. I fice when it was launched. don’t blame them for that. But to hold Biden insisted it was ‘‘flat malarkey’’ that have a Democratic President and a Re- Democrats have held up Republican appoint- publican Senate. Thirty-one circuit up a qualified person like Bonnie ments during the last days of Republican court of appeals nominations have been Campbell who had her hearing 2 presidencies, and said he pushed through a received; 15 have been confirmed, for a months before Mr. Teilborg had his; flock of qualified Texas judges for Senator 48.4-percent confirmation rate. yet she is being locked up in the com- Phil Gramm in late 1992. ‘‘To be fair about it I ask my friend—and he is my mittee—all the paperwork is done. Yet there were three members of our caucus who friend—the chairman of the Judiciary politics is holding her up. ripped me a new ear in the caucus for doing Mr. President, I ask unanimous con- this,’’ said Biden. Committee: How can we live with Harkin said no Republican has ever come something like that? How can the Judi- sent the text of an article that ap- to him and explained their opposition to the ciary Committee come to this Senate peared in the Des Moines Register the nomination. ‘‘In fact, Republicans in Iowa with a straight face and say that a 48- other day regarding the Bonnie Camp- ask me why she is being held up,’’ said Har- percent confirmation rate is what we bell nomination and the text of two kin. ‘‘Mainstream Republicans are asking did in the past, when the record is editorials, one in the Cedar Rapids Ga- me that.’’ zette and one in the Des Moines Reg- Biden said it is a ‘‘terrible precedent,’’ and clear? The record is in the 60-percent that it is hard on Harkin to see someone so confirmation rate when we had Repub- ister, be printed in the RECORD. ‘‘shabbily treated’’ from his home state. You lican Presidents and a Democratic Sen- There being no objection, the mate- hoped there was a box of tissues close at ate. Yet today we are faced with a 48- rial was ordered to be printed in the hand. percent confirmation rate. RECORD, as follows: Then, on Thursday, Harkin revealed to re- [From the Des Moines Register, Oct. 1, 2000] porters that he had been told by Senate Ju- I have heard from many judges. I diciary Committee Chairman Orrin Hatch CAMPBELL ISSUE AIDS DEMOCRATS’ POLITICS have gotten letters from them saying ‘‘in no uncertain terms’’ that the Republican (By Jane Norman) that it is time we filled the bench. caucus won’t budge on the nomination. Har- Cases are backing up. We need to get If Iowa Democrats needed any more reason kin said there’s not much he can do now judges on the bench. But I suppose we to be excited and energized about this year’s other than fume on the floor and ponder first have to pay attention to the elec- presidential race in the state, they probably holding up Republican priorities. have found it in the controversy swirling tions. All of this cater-wauling gives Harkin, and around the stalled nomination of Iowan Iowa Democrats, a huge opportunity to seize This one nominee, Bonnie J. Camp- Bonnie Campbell in the Republican-con- a way to criticize Republicans on the selec- bell, should be reported out if for no trolled U.S. Senate. George W. Bush, hello? tion of judges, an issue where the GOP is other reason than we need people on Campbell, the director of the Violence somewhat vulnerable, particularly among the bench who are sensitive to what is Against Women office for the U.S. Justice women and undecided voters. happening in domestic abuse cases and Department, was nominated in March to be Texas Governor Bush does not sit in the violence against women. Iowa’s new appeals-court judge for the 8th Senate, and he is not the one holding up the In 1998, American women were the Circuit based in St. Louis. She had a spec- stop sign. But his party is doing it, osten- tacularly sedate hearing before the Senate sibly for his benefit. Is it really wise to have victims of 876,000 acts of domestic vio- Judiciary Committee in May, but then the the confirmation of a woman as a judge be- lence. In 5 years—1993 to 1998—domes- nomination process ground to a halt. She’s come a major fuss in a supposedly battle- tic violence accounted for 22 percent of one of 42 judicial nominees pending in the ground state in the last month before the the violent crimes against women. Dur- Senate. presidential election? October 3, 2000 CONGRESSIONAL RECORD — SENATE S9667 On top of that, many Iowa Democrats are on the floor. He is a good man. He and It is very late in the session to be still angry at how Campbell was treated dur- I have fought many battles together. I considering a circuit court nomination. ing her race for governor. The prospect that like him personally and I respect him. Some nominations can move through women such as Campbell will be shut out for If he would like to engage in colloquy, the confirmation process quickly, but another four years if Bush is elected presi- dent is like a booster shot for get-out-the- I will. He knows how strongly I feel only where the White House has dealt vote efforts. about this nominee, about her quali- with the Senate on nominations in Harkin said Thursday that he ‘absolutely’ fications and about the kind of job she good faith. The Arizona nominations would push Campbell to be nominated again has done at the Department of Justice. we are debating today moved through if Gore wins the presidency. For the time I am sure he knows I will do everything the confirmation process quickly be- being, she serves Democrats’ purposes just as that is humanly and senatorially pos- cause the White House did work closely well if she never dons black robes. sible to try to get her name here. I be- with Senator KYL and negotiated in good faith over which Arizonans should [From the Cedar Rapids Gazette, Sept. 26, lieve I have a right and an obligation 2000] to do that. I will, within the confines of get these lifetime appointments. In contrast, the White House has not STOP STALLING ON JUDICIAL CANDIDATE what is right and proper in the Senate, not violating any rules, do everything I dealt with the Senate on nominations In three weeks or less, Congress will ad- in good faith. During our August re- journ before the 2000 elections, and increas- can to try to get her name out. ingly it appears it will do so before the U.S. We will be here this week and we will cess, the President determined to re- Senate brings the nomination of Bonnie be here next week. I ask my friend cess appoint several executive branch Campbell to the U.S. Court of Appeals for from Utah, will we be allowed to have officials over the express objections of the Eighth Circuit up for a vote. a vote on Bonnie Campbell for the numerous Senators. Furthermore, It’s not as if Campbell, the former attorney Eighth Circuit Court of Appeals? Democrats stood in the way of these general of Iowa, is trying to get in at the last I yield the floor. four nominees we are debating today, minute—unless you consider a six-month The PRESIDING OFFICER. The the President’s nominees, and they wait the last minute. Campbell was nomi- threatened to shut down the work of nated to the job by the Clinton Administra- Chair recognizes the Senator from tion in March. She had a hearing in May. Utah. the Senate. This is hardly good faith. What’s taking so long? Mr. HATCH. Mr. President, I will In fact, it was a Democrat hold—a It seems apparent the Republican-con- submit a resolution, and after these re- Democrat hold by the minority leader trolled Senate Judiciary Committee is grow- marks I will spend some time answer- on these four judges who are put forth ing content to hold onto this nomination ing my two dear colleagues, Senator by this President in accordance with until after the session—and, not coinciden- ROBB of Virginia and Senator HARKIN an agreement worked out—that really tally—until after the November election, caused a lot of angst on our side, plus when they hope to win the White House. from Iowa, to the best of my ability. That would mean a Republican would more (The remarks of Mr. HATCH per- the fact that these recess appointments than likely be appointed to the job. taining to the submission of S. Res. 364 that were made without consultation It is not unusual for political parties to try are printed in today’s RECORD under caused a lot of difficulty. Then we have to run out the clock on nominations in the ‘‘Submission of Concurrent and Senate virtually every bill filibustered, even hope the next election will bring them to Resolutions.’’) on the motion to proceed. As a matter power. That does not make it right, and in Mr. HATCH. Mr. President, I must of fact, the H–1B bill, which just passed this case it makes no sense to sit on the respond to the remarks of Senator 96–1, had three filibusters on it, from Campbell nomination. U.S. Sen. Tom Harkin, D-Iowa, is her spon- ROBB and Senator HARKIN. the motion to proceed right on up sor and he pointed out a week ago there are With regard to the nomination of through final passage of 96–1. 22 vacancies on the federal appeals court. Roger L. Gregory, the position for I must respond to some of the things Campbell has the backing of the American which Mr. Gregory has been nominated Senator ROBB said here this morning. Bar Association and the Iowa State Police has been vacant since it was created in He used some pretty incendiary lan- Association. She also has the backing of U.S. 1990. Before nominating Mr. Gregory, guage to imply that the Senate major- Sen. Charles Grassley, R-Iowa, who is also a the President had not even submitted a ity is biased against Mr. Gregory be- member of the Judiciary Committee. Tradi- name to the Senate for this position in cause he is an African American. Sen- tionally, Grassley and Harkin have backed ator ROBB said we ‘‘are standing in the the other’s nominees, and if Campbell’s nom- almost 5 years. Despite the long- ination fails, we would hate to see that un- standing vacancy of this judgeship, the courthouse door’’ and are refusing to derstanding damaged. work of the Fourth Circuit has not ‘‘integrate’’ the Fourth Circuit. These Frustrated proponents of the Campbell been adversely affected. allegations of racial bias are beneath nomination—as well as several other nomi- Moreover, when the President did the dignity of a Senator in the U.S. nations—have been arguing recently that submit a name to the Senate for dis- Senate, and they are offensive and po- over the last three years, women and minor- position almost 5 years ago, he sub- litically motivated. When Democrats ity candidates have had to wait longer to get mitted the name of a resident of North blocked the nomination of Lillian through the confirmation process than their BeVier to the Fourth Circuit—which is white male counterparts. Carolina, J. Rich Leonard. In doing so, The chairman of the Judiciary Committee, the President effectively agreed that what they did—the first female nomi- U.S. Sen. Orrin Hatch, R-Utah, has denied this seat should be filled by a North nee to the Fourth Circuit, no one on women and minorities are being treated dif- Carolinian. our side accused them of gender bias. ferently in the committee than their white The PRESIDING OFFICER. Without I am sure Roger Gregory is a fine male counterparts. Still, of the 21 candidates objection, the Senator’s previous time man. I have no doubt about that. I have for the federal bench who are women or mi- consumed on the Olympics will not been told that by a number of friends norities, nine have been waiting for more count against his 7 minutes. of mine, including former Secretary than a year for a hearing. Coleman. But I have informed my col- Campbell has a lengthy record in private Mr. HATCH. I ask unanimous consent legal practice. Elected in 1990, she was the I be able to speak for another 15 min- leagues that because of the atmosphere first woman to serve as Iowa Attorney Gen- utes. that has resulted from the President’s eral. She was appointed in 1995 to be the di- The PRESIDING OFFICER. Without refusal to consult with the Senators rector of the Violence Against Women Office objection, it is so ordered. from North Carolina, because of the in the U.S. Justice Department. Her hearing Mr. HATCH. The President effec- President’s recent recess appointments revealed no good reason why she should be tively agreed this seat should be filled and disregard of commitments he had denied this position. by a North Carolinian. By nominating made up here, and disregard of the ad- The Senate leadership should do the right thing in the waning days of this session and Roger Gregory, a Virginian, for the vice and consent because of the petty let the full Senate vote on Campbell. It seat instead of a North Carolinian, the parliamentary games in which our should set aside whatever reason it has for President sought to avoid the tradi- friends on the other side have engaged, stalling and move forward. Let the process tional practice of seeking the ‘‘advice Mr. Gregory’s nomination is not going work and bring this nomination to the floor and consent’’ of the Senators from the to move forward. And because this is a for a vote. State where the judgeship is located North Carolina seat. We would have to Mr. HARKIN. I see the distinguished about which local lawyer should be have somebody nuts, from North Caro- chairman of the Judiciary Committee nominated. lina, who would not stand up for a S9668 CONGRESSIONAL RECORD — SENATE October 3, 2000 North Carolinian in this seat. There is Arizona to have these judges. There is Democrat-controlled Senate confirmed just no question about it. The Presi- a tremendous court docket there that 41 nominees. After the votes today, the dent knew that, having nominated a needs these judges. Yet they have been Senate this year will have confirmed 39 North Carolinian before. delayed for 2 solid months almost. nominees. And there have been some I would like to respond to Senator In contrast, the White House and indications there might be some games LEVIN for a few minutes. I don’t want Senate Democrats have not dealt in played with one of the four judges here to go beyond that. There are other good faith, given the President’s recess today. If that is the case, boy, Katie things I could say. But I bitterly resent appointments in August of several ex- bar the door, after what we have been anybody trying to play racial politics ecutive branch nominees over the ex- trying to do here. with judges, especially after what we press objection of numerous Senators The committee worked sincerely to went through in prior administrations. and Senate Democrats’ efforts to hold try to get these nominations out, and It had always been my intention as up these nominees and hold up the they have been here for quite a while. chairman of the Judiciary Committee work of the Senate. Finally, few nominees are confirmed to hold a hearing on judicial nomina- With regard to the nomination of when the White House and Senate are tions during the month of September. I Bonnie J. Campbell, in March, Bonnie controlled by different political par- planned on doing that. At that hearing Campbell was nominated to the U.S. ties. From 1987 to 1992, the Democrat- I was fully prepared to consider the Court of Appeals for the Eighth Cir- controlled Senate confirmed an aver- nomination of some of these people, cuit. At the urging of Senator GRASS- age of 46 Reagan and Bush nominees and perhaps even Helene White or LEY, the Judiciary Committee held a per year. Things changed when Presi- Kathleen McCree Lewis to the U.S. hearing for Ms. Campbell in May. It dent Clinton was elected. In 1994, the Court of Appeals for the Sixth Circuit. had always been my intention for the Democrat-controlled Senate pushed A number of my colleagues were press- Judiciary Committee to report Ms. through 100 Clinton nominees. They ing very strongly for that. I wanted to Campbell’s nomination. However, could not have done that without co- try to resolve that if I could. events conspired to prevent that from operation from Republicans, but they However, events conspired to prevent happening. did that. that from happening. First, during the First, during the August recess, as I In 1992, at the end of the Bush admin- August recess, the President deter- have explained, the President deter- istration when Democrats controlled mined to recess appoint several execu- mined to recess appoint several execu- the Senate, the vacancy rate stood at tive branch nominees over the express tive branch nominees over the express 11.5 percent. Now at the end of the objection of numerous Senators. He did objection of numerous Senators. He did Clinton administration the vacancy so notwithstanding the agreement to so notwithstanding his agreement to rate after the votes today will stand at clear such recess appointments with clear such recess appointments with just 7.4 percent. the relevant Senators. We do not have the relevant Senators. By the way, this Also in 1992, Congress adjourned much power around here in some ways type of an agreement arose out of Sen- without having acted on 53 Bush nomi- against a President of the United ator BYRD’s objections in earlier Con- nations, or should I say nominees who States, but we can demand that he con- gresses. His objections were followed were sitting there waiting to be con- sult with us. These Senators are very here on the part of people on our side firmed. After the votes today, there aggrieved by the way they were treated of the aisle, and the President agreed will be only 38 Clinton nominations on these appointments—I think rightly to it and then violated that agreement. that are pending. so. Second, after the August recess, Under both Democrats and Repub- Second, Democrat Senators deter- Democrat Senators determined to licans, the Senate historically con- mined to place holds on the four nomi- place holds on the four nominations we firms 65 to 70 percent of the President’s nations we are debating today and are debating today, even though every- nominees. In his last 2 years, President threatened shutdowns of the Senate’s body admits—I think everybody admits Bush made 176 nominations, and the committee work, going as far as to in- —that they are important nominations Democrat-controlled Senate confirmed voke the 2-hour rule and forcing the and this arrangement that has been 122 of them, yielding a confirmation postponement of scheduled committee worked out has been fair. rate of 69 percent. During the last 2 hearings, including the Wen Ho Lee Again, they threatened to shut down years, President Clinton made 112 hearing, which is an important hear- the Senate’s committee work, going as nominations, and after today’s votes, ing, a bipartisan hearing, for both sides far as to invoke the 2-hour rule and en- the Senate will have confirmed 73 of to look at. force the postponement of scheduled them. He has a confirmation rate of al- Helene White and Kathleen McCree committee hearings. And we went most the same, 65 percent. Lewis have only the White House and through that because of pique. For In May, at a Judiciary Committee Senate Democrats to blame for the cur- these reasons, Bonnie Campbell’s nomi- hearing, Senator BIDEN indicated he rent situation, I might add, because of nation has stalled. Ms. Campbell has did not believe we would do even 30 some of these petty procedural games only the White House and Senate judges this year. He is wrong. We will we have been going through around Democrats to blame for the current sit- have now done, at the end of the day, 39 here with filibusters of almost every- uation. judicial nominees confirmed by the thing that comes up, or a threat to I might add, it did not help at all on Senate. bring up all kinds of extraneous our side for these petty filibusters on There has been much debate today amendments if we do happen to bring a everything. It used to be when I got about everything but the four nomi- bill up that needs to be passed. here, there might be one or two or nees we ostensibly are debating. I fully It is very late in the session to be three filibusters a year at the very support these nominees and want to considering a circuit court nomination. most, and then they were on monu- say a few words about them. They are Some nominations can move through mental issues that involved a wide dis- supported by their home State Sen- the confirmation process quickly, but parity of belief. It was not every little ators—Senators KYL, MCCAIN, FITZ- only where the White House has dealt motion to proceed, every little bill we GERALD, and DURBIN. with the Senate, on nominations, in were going to pass, like the one we just The nominees we are supposedly de- good faith. The Arizona nominations passed 96–1. To go through three fili- bating today are as follows: Susan we are debating today moved through buster cloture votes on that bill was Ritchie Bolton from Arizona: Ms. the confirmation process quickly be- beyond belief. But that irritated a lot Bolton has served as judge in the Mari- cause the White House worked closely of people. It made it more difficult to copa County Superior Court since 1989. with Senator KYL and others, and my- get these judges through. Before that, from 1977–89, she worked self, and negotiated in good faith over Mr. HARKIN, the Senator from Iowa, in private practice at a Phoenix law which Arizonans should get these life- claimed that his review of history led firm. From 1975–77, she clerked for the time appointments. him to believe we are ‘‘playing politics Hon. Laurance T. Wren of the Arizona Everybody knows there is a tremen- with the judges.’’ I strongly disagree. Court of Appeals. Ms. Bolton received dous need along the southern border in In President Reagan’s last year, the her law degree, with high distinction, October 3, 2000 CONGRESSIONAL RECORD — SENATE S9669 from the University of Iowa Law That was 382 judges. By the end of the distinguished Members of the Senate— School in 1975, and her undergraduate day, when we confirm these 4, Presi- one a Republican, one a Democrat, degree, with honors, from the Univer- dent Clinton will have the all-time sec- JOHN WARNER and CHUCK ROBB— sity of Iowa in 1973. ond highest, as far as I know, and that worked very closely with the White Mary H. Murguia: Since 1998, Ms. is 377 judges, 5 fewer than President House on this Virginia nomination and Murguia has served in the Executive Reagan. Had we not had all these both support the nomination of Roger Office of U.S. Attorneys, first as Coun- games played, I believe I could have Gregory. sel and then as Director. Before that held a hearing in September, which I Senator ROBB strongly urged the she served as an Assistant U.S. Attor- no longer can hold, and we would have White House to appoint Roger Gregory, ney in the District of Arizona from confirmed probably enough to draw a highly distinguished African Amer- 1990–98. From 1985–90, she was an As- President Clinton equal to President ican. Senator WARNER supports him. sistant District Attorney in Wyandotte Reagan. He has the highest ratings possible Country, Kansas. She received her law The PRESIDING OFFICER. The time from bar associations. But he cannot degree from the University of Kansas of the Senator has expired. get confirmed by the Senate; he cannot Law School in 1985, and her under- Mr. HATCH. I reserve the remainder even get a hearing. graduate degree from the University of of my time. I commend what Senator ROBB said Kansas in 1982. The PRESIDING OFFICER. The Sen- on the floor today in support of Roger Michael J. Reagan: Mr. Reagan has ator from Vermont. Gregory. I hope all of us will listen to worked in private practice since grad- Mr. LEAHY. Mr. President, I have him. uating from law school in 1980; since been scarcely able to hold back the Likewise, I was struck by the re- 1995, he has been a sole practitioner at tears listening to my good friend from marks of Senator DURBIN of Illinois the Law Office of Michael J. Reagan. In Utah. I am sure he did not mean to with respect to the Supreme Court and addition, he has served as an Assistant mislead the Senate, but those who his support for Michael Reagan to a Public Defender (part time) since 1995. might not know the numbers could be district court judgeship in Illinois. He received his law degree from St. misled, not by any intent on the part Senator DURBIN laid out what I have Louis University Law School in 1980, of the senior Senator from Utah. also heard from Republicans and Demo- and his undergraduate degree from As he has said himself, we will have crats who support Michael Reagan for Bradley University in 1976. confirmed fewer than 40 judges in the that judgeship. Democrats and Repub- James A. Teilborg: Mr. Teilborg has last year of President Clinton’s term in licans were at hearings for him. Demo- been a partner at the Phoenix law firm office. When the Democrats controlled crats and Republicans, ranging across of Teilborg Sanders & Parks since 1972; the Senate, in the last year of Presi- the political spectrum, have spoken to before that he was an associate at an- dent Bush’s term in office, we con- me in support of Michael Reagan. He is other Phoenix firm from 1967–72. He re- firmed 66. In fact, we were holding supported by both home state Sen- ceived his law degree from the Univer- hearings right into September and vot- ators, one a Republican and one a Dem- sity of Arizona School of Law in 1966. ing on judges up to the last days of the ocrat. Some have complained the Arizona session, confirming judges for Presi- Senator CARL LEVIN, the distin- nominations have moved more quickly dent Bush. guished senior Senator from Michigan, while others have not. Some nomina- The distinguished Senator from Utah one of the most respected voices in this tions can move through the confirma- feels perhaps some have suggested in- body, spoke of his support for Judge tion process quickly, there is no ques- appropriately that women, minorities, Helene White to the Sixth Circuit and tion about that, but only where the and others take longer going through Kathleen McCree Lewis to the Sixth White House has dealt with the Senate this body. I point out that the ones Circuit and how he wished they would on nominations in good faith. The Ari- who suggested that have been inde- be considered. They have been held up zona nominations we are debating pendent bipartisan groups outside the and blocked by this Senate. Is the today moved through the confirmation Senate. chairman saying that Judge Helene process quickly because the White I have stated over and over, I have White and Kathleen McCree Lewis do House worked closely with Senator never seen or heard a statement ex- not have the support of their two Sen- KYL and negotiated in good faith over pressing—I wonder if the Senator from ators from Michigan? If that is the which Arizonans should get these life- Utah can stay while I speak; I do not case, we ought to know that. I under- time appointments. want to say this with him off the stand that they both have that sup- All four are Democrats, all four are floor—I have never once heard him ex- port. If they don’t have the support of supported by the President, all four press either a racist or a sexist remark. a home state Senator, then let’s say came through the appropriate com- He has been a close and dear friend of that. Judge Helene White and Kathleen mittee—the Judiciary Committee—and mine for over 20 years. Nor have I ever McCree Lewis are extraordinarily well- all four will be voted on today, and I suggested that anybody on the Senate qualified women. I wish they would get expect all four to be confirmed unani- Judiciary Committee has taken a rac- confirmed. mously. If there are no politics played, ist or sexist position, but I am trou- Senator TOM HARKIN, was an extraor- they will be confirmed unanimously. bled, as I hope he and others would be dinary advocate for Bonnie Campbell. I In contrast, the White House and troubled, by the fact that women and can’t add to what he has said. Senator Senate Democrats have not dealt in minorities, if they are nominated for HARKIN spoke extremely well about good faith, given the President’s recess judgeships, have taken longer to go Bonnie Campbell and, of course, Bonnie appointments in August of several ex- through this Republican-controlled Campbell should be confirmed. Again, ecutive branch nominees over the ex- Senate than others if they are allowed going to the test: Did the President press objection of numerous Senators to go through at all. work with the Senators from that and Senate Democrats’ efforts to hold We talk about Roger Gregory, nomi- State. Are we saying that the two Sen- up these nominees and obstruct the nated to the Fourth Circuit. It has ators from Iowa do not support Bonnie work of the Senate—the filibusters been suggested this is a seat that is re- Campbell? My understanding is both of that have occurred on almost every- served to North Carolina. That is not them support her. Why can’t she get thing that comes up here and, of so. As pointed out in the Wall Street Committee consideration and a Senate course, the holds that have been placed Journal in a recent letter from the vote? on these four nominees who are Presi- President’s Counsel Beth Nolan, this is The Senate will move forward on a dent Clinton’s nominees. It does not a vacant seat that has not been allo- number of nominees today: Michael take long until people on our side know cated to the State of North Carolina Reagan, Susan Ritchie Bolton, Mary there are too many games being played and is appropriate for an appointment Helen Murguia, and James Teilborg. I on judicial nominees. from Virginia. The distinguished chair- recommend that all four be confirmed We have done a good job. President man of the committee has said that by the Senate. It is unfortunate that Reagan had the all-time highest con- Senators should work with the White this Republican-controlled Senate, is firmation of judges during his 8 years. House. In this case, two of the most not willing to do for President Bill S9670 CONGRESSIONAL RECORD — SENATE October 3, 2000 Clinton what a Democratic-controlled in 1976, and St. Louis University Law I heard Senator HATCH argue last Senate did for President George Bush, School in 1980. He has been in private week that the vacancies on the federal and move people forward. We can talk practice for over 20 years, and has been judiciary are ‘‘less than zero’’. While I about the numbers that various Presi- an adjunct professor of law at Belle- marvel at the audacity of such argu- dents have appointed. Recent Presi- ville Area College and St. Louis Uni- ment, it moves us no closing to ful- dents have appointed more judges than versity. He also presently serves as an filling our constitutional responsibil- George Washington did or Thomas Jef- Assistant Public Defender in St. Clair ities to the federal judiciary. Likewise ferson or Abraham Lincoln or Teddy County, Illinois. He enjoys the support the notion that the refusal by some to Roosevelt. But we are also a much big- of both of his home state Senators. waive the Senate’s 2-hour rule in late ger country, and we have a lot more When other nominees to the Illinois September somehow preventing the cases and need more judges. In fact, if federal courts were given hearings and Committee from holding additional we passed the judgeship bill the distin- confirmed in June, he was held back. confirmation hearings in early Sep- guished senior Senator from Utah and I He had likewise been nominated in tember or now is hardly compelling. I have introduced, the vacancy rate early May. He was finally included in a wish the Committee and the Senate would be well into the teens with over hearing in late July and reported would have followed the model estab- 130 vacancies. unanimously by the Judiciary Com- lished in 1992 and continued holding We have waited 10 years to authorize mittee on July 27. He could have been hearings and reporting judicial nomi- new judges, even as this country has confirmed before the August recess or nees in August and September. That expanded over the years and caseloads at any time in September. I am glad simply did not happen and despite my have grown. The Judicial Conference is that time has finally come. requests no additional hearings were asking us to authorize 70 judges. In Judge Susan Ritchie Bolton has pre- held. This year we held about half as fact, I strongly urge we pass the judge- sided in the Arizona Superior Court for many hearings as in 1992. Despite all of ship bill before the Presidential elec- Maricopa County since 1989. She re- our efforts we have been unable to get tion while no one knows who is going ceived her undergraduate degree and the Judiciary Committee to consider to be elected President, and we are law degree from the University of Iowa. the nominations of Bonnie Campbell or looking at what is best for our court Following law school she clerked for Allen Snyder or Fred Woocher fol- system. the Honorable Laurence T. Wren on the lowing their hearings. I am glad to see the Senate moving Arizona Court of Appeals. She then The debate on judicial nominations forward on these three nominees. I ex- went into private practice at Shimmel, over the last several years has included pect they will be approved overwhelm- Hill, Bishop & Bruender. She enjoys too much delay with respect to too ingly. They are all well qualified for the support of both of her home state many nominations. The most promi- appointment to the federal courts. Senators and received a well-qualified nent current examples of that treat- Three judicial nominees on the Sen- rating from the American Bar Associa- ment are Judge Helene White, Bonnie ate calendar have been cleared by tion. She was nominated on July 21, Campbell, Roger Gregory, and Enrique Democrats for action for some time, in- participated in a confirmation hearing Moreno. With respect to these nomina- cluding two from Arizona and one from on July 25 and was unanimously re- tions, the Senate has for too long re- Illinois who has been pending the long- ported by the Judiciary committee on fused to do its constitutional duty and est of the four. July 27. She could have been confirmed vote. Nominees deserve to be treated There were Senators who wanted to before the August recess or at any time with dignity and dispatch—not delayed be heard and have a chance to debate in September. I am glad the Senate is for two or three or four years. The the lack of hearings and the refusal to turning its attention to her nomina- nomination of Judge White has now give hearings to qualified nominees. tion and am confident that she will be been pending for over four years, the They have spoken eloquently on behalf confirmed to fill the judicial emer- longest pending nomination without a of Roger Gregory, Bonnie Campbell and gency vacancy for which she was nomi- hearing in Senate history. Judge Helene White. They are not nated. Of course it is every Senator’s right seeking to filibuster these nominations Mary Murguia currently serves as Di- to vote as he or she sees fit on all mat- and each has agreed to a reasonable rector of the Executive Office for U.S. ters. But I would hope that in the cases time for debate before a vote. Attorneys. She also serves as an Assist- of these long-pending nominations, The Senator from Arizona is right ant U.S. Attorney for the District of those who have opposed them will show that there has been a problem with the Arizona. Prior to that, she served as an them the courtesy of using this time to nomination of James Teilborg, who Assistant District Attorney for the discuss with us any concerns they may happens to be a close personal friend of Wyandotte County District Attorney’s have and to explain the basis for their the Senator since their days together Office. She earned her undergraduate anonymous holds and the Senate’s re- back at the University of Arizona Law and law degrees from the University of fusals to act. School. Mr. Teilborg was nominated on Kansas. She enjoys the full support of It was only a couple of years ago July 21 and was afforded a hearing and both of her home state Senators. Like when the Chief Justice of the United was reported by the Judiciary Com- Judge Bolton, she was nominated on States chastised this Senate for refus- mittee within a week. July 21, received a hearing on July 25 ing to vote up or down on judicial The frustration that many Senators and was unanimously reported by the nominations after a reasonable period feel with the lack of attention the Judiciary Committee on July 27. She for review. Committee has shown long-pending ju- could have been confirmed before the This Senate continues to reject his dicial nominees has recently boiled August recess or at any time in Sep- wisdom and, in my view, our duty. over. They wish to be heard; they seek tember. I know that the Senate will It is my hope the Senate will confirm parity and similar treatment for nomi- now do the right thing and confirm her all four district court nominees on the nees they support. I understand their to fill the judicial emergency vacancy Senate calendar. I know there are Sen- frustration and have been urging ac- for which she was nominated. ators who want a chance to debate the tion for some time. This could all have I thank the Majority Leader and lack of hearings and the refusal to give been easily avoided if we were con- commend the Democratic Leader for hearings to qualified nominees. I un- tinuing to move judicial nominations scheduling the consideration of these derstand that frustration, and it is jus- like Democrats did in 1992, when we judicial nominations. I wish there were tifiable, especially as it is not the way held hearings in September and con- many more being considered to fill the the Democrats acted when they con- firmed 66 judges that presidential elec- 67 current vacancies and eight on the trolled the Senate with a Republican tion year. horizon. I wish that we were making President. Michael Reagan, nominated to be a progress on the Hatch-Leahy Federal The nominee from Illinois should District Court Judge for the Southern Judgeship Act of 2000, S. 3071, and au- have been confirmed some time ago. District of Illinois, is a distinguished thorizing the 70 judgeships affected by The nominees from Arizona have private attorney in Belleville, Illinois. that legislation as requested by the Ju- zipped through here faster than the Re- He graduated from Bradley University dicial Conference. publican leadership has allowed most October 3, 2000 CONGRESSIONAL RECORD — SENATE S9671 judges to go through. When Senators Mr. LEAHY. Then I yield the floor WARDS, without losing my right to the supporting nominations, received and withhold the remainder of my floor. months and years before, see newer time. The PRESIDING OFFICER. Without nominees zip through, they are, of The PRESIDING OFFICER. The Sen- objection, it is so ordered. course, frustrated. ator’s time has expired. The Senator from North Carolina is The Judiciary Committee has re- Mr. LEAHY. Mr. President, I believe recognized. ported only three nominees to the I also have an hour under another part Mr. EDWARDS. Mr. President, I am court of appeals all year. We have held of the unanimous consent agreement. pleased that today we are discussing hearings without even including a The PRESIDING OFFICER. The Sen- some of the vacancies that exist in the nominee to the court of appeals. We ator is correct. Federal judiciary. There was a discus- have denied a committee vote to two Mr. LEAHY. I will withhold that and sion this morning about an issue that outstanding nominees who have suc- yield the floor. is near and dear to my heart and im- ceeded in getting hearings; namely, f portant to the folks in North Carolina, Bonnie Campbell and Allen Snyder. which is the vacancies on the U.S. You have to understand the frustration RECESS Court of Appeals for the Fourth Cir- of Senators and those outside the Sen- The PRESIDING OFFICER. Under cuit. ate who know that Roger Gregory and the previous order, the Senate will now Senator ROBB came down and dis- Helene White and Bonnie Campbell and stand in recess until the hour of 2:15 cussed Judge Gregory’s nomination. Kathleen McCree Lewis and others p.m. Chairman HATCH responded. I would should have been considered by the Ju- like to say a few words about that dis- diciary Committee and voted on by the Thereupon, the Senate, at 12:31 p.m., recessed until 2:15 p.m.; whereupon, the cussion. Senate. There are 15 authorized judgeships on On September 14, Senators BARBARA Senate reassembled when called to order by the Presiding Officer (Mr. the Fourth Circuit Court of Appeals. MIKULSKI, BARBARA BOXER, BLANCHE There are presently only 10 active INHOFE). LINCOLN, TOM HARKIN, and CARL LEVIN judges on that court. By tradition, my and Representative CAROLYN MALONEY f State of North Carolina, which is the from the other body, highlighted the EXECUTIVE SESSION—Continued largest, most populous State in the Senate’s failure to act on judicial Fourth Circuit, is allocated three of nominations to the Federal bench. The PRESIDING OFFICER. The Sen- those judgeships. Out of those 10 judge- They called on the Senate leadership to ator from Vermont is recognized. ships —presently active judges on the consider qualified women before the Mr. LEAHY. Mr. President, the Sen- Fourth Circuit—how many come from Congress adjourned. They also dis- ator from Vermont has used one part of North Carolina? None. cussed the problems of judicial emer- his time under the unanimous consent We are the only State in the nation gencies, the length of time it takes agreement, but I understand I have that is not represented on a Federal women and people of color to be con- other time under the agreement. How circuit court, along with Hawaii. We firmed, and how the Federal courts do much time is available to the Senator are the largest State in the circuit. We not currently reflect the diversity of from Vermont? have the largest population in the cir- our country. I do not recall them or The PRESIDING OFFICER. On the cuit, and we don’t have a judge rep- anybody else ascribing motives to Teilborg nomination, 1 hour is avail- resenting our State on this court. That those who are holding up these people. able to the Senator from Vermont. has been true since Judge Ervin died in Rather, they were saying in a diverse Mr. KYL. Mr. President, I suggest to 1999. country such as ours, the Federal court my colleague that we complete the The people of North Carolina, who should reflect the diversity of our time on the three pending nominees. I have cases regularly heard in the country. could yield back the time that remains Fourth Circuit, have no one there rep- They focused on the following women on them. Then I will be happy to allow who have been waiting more than 60 resenting them. In addition, to the ex- Senator LEAHY to conclude his remarks tent the court is regularly interpreting days for confirmation: Helene White, on the time he has under the Teilborg U.S. Court of Appeals for the Sixth Cir- matters of North Carolina law, which nomination, and then I can comment it is required to do in diversity cases, cuit, has been pending more than 1,360 with respect to that nomination. days; Kathleen McCree Lewis, U.S. there is no judge in this court who is I yield back all time remaining on trained in North Carolina law. Now, Court of Appeals for the Sixth Circuit, the three judicial nominations. has been pending more than 370 days; this Congress recognized some time ago Bonnie Campbell, U.S. Court of Appeals f how important it was for States to be represented on their circuit courts of for the Eighth Circuit, has been pend- NOMINATION OF JAMES A. ing more than 215 days; Elena Kagen, appeal by enacting a law—in fact, re- TEILBORG, OF ARIZONA, TO BE quiring that States have a judge on U.S. Court of Appeals for the District UNITED STATES DISTRICT of Columbia, has been pending for more their Federal circuit court of appeals. JUDGE FOR THE DISTRICT OF We have none. As I indicated before, than 480 days; Lynette Norton, U.S. ARIZONA District Court for the Western District along with Hawaii, we are the only two of Pennsylvania, has been pending The assistant legislative clerk read States in the country that are not rep- more than 890 days; Patricia Coan, U.S. the nomination of James A. Teilborg, resented on our circuit court of ap- District Court for the District of Colo- of Arizona, to be U.S. District Judge peals. rado, has been pending more than 500 for the District of Arizona. Now, Chairman HATCH had some dis- days; Dolly Gee, U.S. District Court for Mr. LEAHY. Mr. President, I under- cussion this morning about Judge the Central District of California, has stand that under the prior unanimous Gregory and his nomination to the been pending more than 495 days; consent agreement the distinguished Fourth Circuit in the State of Virginia, Rhonda Fields, U.S. District Court for Senator from Utah, Mr. HATCH; the and the fact that that was a slot tradi- the District of Columbia, has been Senator from Arizona, Mr. KYL; and I tionally allocated to my State of North pending more than 325 days; and Linda each have 1 hour for the Teilborg nomi- Carolina. Riegle, U.S. District Court for the Dis- nation, and the distinguished Senator My question to Chairman HATCH is: trict of Nevada, has been pending more from Iowa, Mr. HARKIN, has up to 3 What are we doing about the nomina- than 165 days. That is why these Sen- hours, unless time is yielded back, is tion of Judge Wynn? Judge Wynn is a ators and this Member of Congress that correct? very well-respected, very moderate, made the statement we did. The PRESIDING OFFICER. That is centrist jurist from North Carolina, Mr. President, am I correct in under- correct. who has been nominated for over a standing that under the previous order, Mr. LEAHY. Mr. President, I ask year from my State to fill a vacancy we are to recess at 12:30? unanimous consent that I be able to that is traditionally allocated to North The PRESIDING OFFICER. The Sen- yield 5 minutes to the distinguished Carolina. There is no question that ator is correct. Senator from North Carolina, Mr. ED- Judge Wynn would be approved by this S9672 CONGRESSIONAL RECORD — SENATE October 3, 2000 body if he ever got a hearing and a vote Mr. EDWARDS. I ask unanimous on both sides of the aisle should listen on the floor. consent for another 3 minutes. to what he said. Unfortunately, that has not hap- Mr. LEAHY. Mr. President, I yield He is not a Senator who speaks in the pened. It is easy to understand why the another 3 minutes without losing my abstract and who simply reads a state- Clinton administration believed they right to the floor. ment on this. This is a Senator who has needed to take some action. That ac- The PRESIDING OFFICER. Is there spent time in the courts of his State tion has turned out to be to nominate objection? and of the region. He has had active Judge Gregory. I have to admit it was Without objection, it is so ordered. practice in both State courts and Fed- somewhat frustrating to me, rep- Mr. EDWARDS. Mr. President, here eral courts. He understands the judicial resenting North Carolina, to have we have the chief judge, who is a Re- system. Judge Gregory nominated for the slot publican-nominated judge, and a court He has argued cases at all levels. He he was nominated for because it was that now has a majority of Republican has worked with lawyers who have traditionally allocated to North Caro- judges. You can certainly make the ar- been on his side of an issue and opposed lina. But, I do support Judge Gregory’s gument that he likes the composition to him. He knows, as does any lawyer nomination. of the court the way it is; he never who practices law, that no matter how In addition to having no judge from wants that to be changed. much you might try a case at the trial North Carolina being on the Fourth That is so fundamentally wrong and level, at some point, especially if the Circuit Court of Appeals, our court so fundamentally different from the stakes are high, that case is going to does not presently have, nor has it ever way our Constitution provides. We go up on appeal. It is going to go up on had, an African American judge. The should be nominating judges. Whether appeal whether you are the plaintiff or Fourth Circuit Court of Appeals has it is a Democratic or a Republican ad- the defendant. Whoever loses that case, the largest African American popu- ministration, it shouldn’t make any if it is of significance, will take it up lation in the country and does not now difference in nominating well-qualified on appeal. have, nor has it ever had, an African judges. This body should act on the I recall the statements made in court American judge. Obviously, there is a qualification of those men and women when I was trying cases. The judge in huge part of our population in the to serve on the court, not based upon chambers would say: OK, we will take Fourth Circuit that has never been rep- the Republican or Democratic composi- it to the jury and let justice be done. resented on this court. They are enti- tion of the court. It is just that simple. Usually the person who had the weaker tled to representation by a well-quali- This should be totally nonpartisan. case said: If that is the case, I will ap- fied judge. My State has no one representing peal, if justice is done. In fact, Judge Wynn who was nomi- them on the Fourth Circuit. There is But the fact of matter is cases be- nated over a year ago—from my State not, nor has there ever been, an Afri- come more and more complex and more that has no judge on the Fourth Cir- can American judge on this court. and more significant to the litigants cuit—is also an African American The simple bottom line is that we and to the issues of law. They go up on judge. I urge Chairman HATCH to grant have the responsibility of deciding how appeal, and you ought to have a good Judge Wynn a hearing and to push for- many judges should be authorized for appellate court. ward his vote on the floor of this Sen- that court. We have made that deci- I commend the Senator for what he ate where he will be approved. sion—15. It is now down to 10. Of those has said. I hope we will listen to what The bottom line is that Judge Greg- 10, North Carolina has none. The people is needed in that appellate court. ory is a well-respected and well-quali- of North Carolina are entitled to be We should also note, I suggest, that fied African American lawyer from the represented on this court. there is going to be a significant debate State of Virginia who also deserves a In addition to that, we should deal tonight in Boston between the two can- hearing, and also deserves a vote in with the issue that there has never didates of our two great parties—the this body this year. been an African American judge on this Republican and Democratic Parties. The argument that is made—and court. Both parties have nominated those we Chairman HATCH made it this morn- We presently have pending the nomi- consider to be our best choices. Obvi- ing—is we only need 10 judges on the nation of two well-respected and very ously, I strongly support my friend of Fourth Circuit, we don’t really need well qualified African American ju- over 20 years, AL GORE. But I also the 15 that Congress in fact has author- rists. know that the Republican Party has ized. The reason is that the chief judge This is what I would say to the Chair- nominated a very distinguished Gov- of that circuit, Judge Wilkinson, says man HATCH. Let us have a hearing on ernor, George W. Bush. they do not need any more judges, they Judge Wynn. Let Judge Wynn have a I mention this because Governor are operating perfectly efficiently. vote on the floor of this Senate, and let Bush and I, while we disagree on some I point out several things. the people of North Carolina have issues, have one very significant issue No. 1, the Fourth Circuit issues more what, by law enacted by this body, on which we agree. He gave a speech one-sentence opinions than any Fed- they are entitled to, which is a judge awhile back and criticized what has eral circuit court in the country. Liti- representing them on their Federal happened in the Senate where con- gants come before it and make their court of appeals so that when my peo- firmations are held up not because case. Instead of getting a reasoned de- ple go to the Fourth Circuit Court of somebody votes down a nominee but cision about why they won or lost their Appeals to have their case heard, they because they cannot ever get a vote. case, they get one sentence. What does have at least one judge representing Governor Bush said: You have the that tell them about how much atten- them on that court. Aren’t they enti- nominee. Hold the hearing. Then, with- tion in fact is being paid to their case? tled to that? in 60 days, vote them up or vote them This same argument was made when I yield the floor. down. Don’t leave them in limbo. there were 13 judges on the court. Now Mr. LEAHY. Mr. President, I com- Frankly, that is what we are paid to we are down to l0. mend the distinguished Senator from do in this body. We are paid to vote ei- Since when do we let the chief judge North Carolina for his comments. Sen- ther yes or no—not vote maybe. of the circuit court decide how many ator EDWARDS has been a friend since When we hold a nominee up by not judges go on the court? That is a func- he came to this body. I have, at the allowing them a vote and not taking tion we in Congress have responsibility risk of embarrassing him, stated on a any action one way or the other, we are for—not him. number of occasions on this floor that not only voting ‘‘maybe’’ but we are You can certainly make an argument the Senate was enhanced by his pres- doing a terrible disservice to the man that this is a partisan decision that the ence here. As a lawyer, I must say that or woman to whom we do this. They chief judge has made—that he likes the having him here because of his own ex- have to put their life on hold. They do present composition of the court. He perience as one of the most out- not know what is going to happen: Are was a Republican-nominated judge. standing and most recognized trial law- they going to be confirmed, or not? It The PRESIDING OFFICER. The Sen- yers in the country, to say nothing is not like when any one of us runs for ator’s time has expired. about his own State. I think Senators election; we know that on a certain October 3, 2000 CONGRESSIONAL RECORD — SENATE S9673 day the election occurs. We either win Patricia Coan, for the U.S. District through very rapidly, all the judges or we lose. But we know that on that Court for the District of Colorado, has from the time they were nominated, to Tuesday, we are going to know our been pending for more than 500 days; the hearings, to the floor. A lot of the fate. We won or we lost. Dolly Gee, for the U.S. District Court other judges discussed today are judi- These people come here and they for the Central District of California cial nominees who have waited and never know what may happen. They has been pending for more than 495 waited and waited and waited and can- don’t know whether they will have a days; Rhonda C. Fields, for the U.S. not get a vote. hearing. And if they have a hearing, District Court for the District of Co- It is not too late in the session to they don’t know if there will be a vote lumbia, has been pending for 325 days; move on these nominations. We know in committee. And if there is a vote in Linda Riegle, for the U.S. District that we can make quick progress when committee, they don’t know whether Court of Nevada, has been pending for we want to do so. The group of nomi- they will come on the floor. And if they more than 165 days. nees being considered tonight include come on the floor, they don’t know if Let them have a vote. These women nominations received on a Friday, who they will have a vote because one per- are outstanding. They have dem- had a hearing the next Wednesday and son hiding in the Cloakroom will say: onstrated more than most people who were reported that Thursday, all with- Don’t allow it to come to a vote yet. So get confirmed in this body, Republican in a week. In addition, there is the ex- they may have 99 Senators voting for or Democrat, how well qualified they ample of a hearing held last month by them but somebody mysteriously in are. At least let them have a vote. If the Government Affairs Committee on the background says ‘‘Don’t vote,’’ and people want to vote against them, vote two District of Columbia Superior they don’t vote. against them. Court judges, one who was nominated Helene White of the U.S. Court of Ap- I will state for the record that I will on May 1 and the other who was nomi- peals for the Sixth Circuit has been vote for every one of them. In checking nated on June 26. Another example of pending for 1,360 days. Governor Bush with our side of the aisle, every single the ability of the Senate to act is the said we ought to have a vote up or Democrat Senator will vote for every September 8 confirmation of James E. down within 60 days. Let’s have a vote one of these women. Baker to the U.S. Court of Appeals for on Helene White. She has been waiting President Clinton, in remarks before the Armed Forces. In addition, there is not 60 days, not 600 days, but 1,360 days. the Michigan Bar Association, recently the examples of Timothy Lewis who Kathleen McCree Lewis, who has spoke about the Senate’s failure to act was confirmed in waning days of the been nominated for the U.S. Court of upon his judicial nominees, noting his 1992 session, the last year of a Repub- Appeals for the Sixth Circuit, an out- nominees have received more top lican presidential term with a Demo- standing African American woman, American Bar Association ratings than cratic majority in the Senate. Judge who has one of highest ratings of any- those of any President in 40 years. Lewis was confirmed to the Third Cir- body we have ever seen come before the President Clinton, to his credit, has cuit on October 8, having only been Senate, has been waiting for 370 days. nominated people who have received nominated on September 17 of that Not the 60 days we talked about, but higher ratings than any President, year. more than six times the 60 days. Democrat or Republican, in 40 years Of course, the Republican candidate Bonnie Campbell, for the U.S. Court of and they still get held up. He said: for the presidency has said that nomi- Appeals for the Eighth Circuit, has These people are highly qualified, which nations should be acted upon within 60 been spending for more than 215 days. leads to only one conclusion, that the ap- days. Of the 42 judicial nominations We are debating bringing up the Vio- pointments process has been politicized in currently pending, 37 have been pend- lence Against Women Act which has the hope of getting appointees ultimately to ing from 60 days to 4 years without been stalled. The Violence Against the bench who will be more political. That is final action. Women Act has expired. Distinguished wrong. It is a denial of justice. Let us compare the lack of action Senators on both sides of the aisle are President Clinton is right. We should this year to what a Democratic major- working to bring it up and we cannot move forward with these nominees. Let ity in the Senate accomplished in 1992 bring it up for a vote. them have a vote. Don’t do this in the during the last year of a Republican I see the distinguished Senator from dark of the night holding people up. presidential term. The Senate con- Delaware and the distinguished Sen- We are going to have four nominees, firmed 11 Court of Appeals nominees ator from Kansas, both of whom sup- three from Arizona which has a des- during that Republican President’s last port it on the floor, and we cannot get perate situation, where they need Fed- year in office and a total of 66 judges that up for a vote. eral judges. My friend from Arizona, for that year. This year the Senate is We also can’t get Bonnie Campbell Senator KYL, has pointed out, quite will not reach anywhere near 66 con- up, even though she is the Director of rightly, that cases cannot be heard, firmations, not 60, not 50, not even 40. the Violence Against Women Office. several cases cannot be heard. He has In 1992, the Committee held 15 hear- She supported, worked for and adminis- had experiences as a civil lawyer. He ings—twice as many as this Committee tered the Violence Against Women Act, knows how difficult that is. has found time to hold this year. In the an act that has seen a dramatic de- I say as a former prosecutor, when last 10 weeks of the 1992 session, the crease in violence against women. that happens, the criminal cases can’t Committee held four hearings and all We ought to be standing and applaud- be heard because you don’t have of the nominees who had hearings then ing Ms. Campbell. She is somebody who enough people on the bench. When that were confirmed before adjournment. In shows by her own experience that she happens, the prosecutor has to start the last 10 weeks of the 1992 session, we can do the things necessary to bring plea bargaining down. He or she has to confirmed 32 judicial nominations. In down this scourge of violence against either get a lighter sentence or has to the last 10 weeks of this year we will be women in our country. Now that she start dropping charges all over the holding no hearings and confirming has gone through the vetting process, place because they know they can’t get only four District Court nominees. and found out that she is one of the a trial because the judges aren’t there. We still have pending without a hear- most qualified people to be a judge of If we are going to be tough on law ing qualified nominees like Judge He- anyone confirmed in the last 20 years, and order, we have to have the judges lene White of Michigan. She has been Republican or Democrat, we ought to there. We cannot just say we are held hostage for over 45 months with- at least let her have a vote instead of against crime. I am willing to concede out a hearing. She is the record holder holding her in limbo. that all 100 of us are against crime. But for a judicial nominee who has had to Elena Kagan for the U.S. Court of if we are going to fight crime, we have wait the longest for a hearing and her Appeals for the District of Columbia to have the men and women there to do wait continues without explanation to has been pending for more than 480 it: the prosecutors, the defense attor- this day. days without a vote; Lynette Norton, neys, and the judges. We still have pending before the for the U.S. District Court for the If we will move those judges through, Committee, the nomination of Bonnie Western District of Pennsylvania, has I will vote for every one of them. But Campbell to the Eighth Circuit. Ms been pending for more than 890 days; I also point out that they can move Campbell had her hearing last May, but S9674 CONGRESSIONAL RECORD — SENATE October 3, 2000 the Committee refuses to consider her has joined Sen. Robb in requesting that Sen. vestigations that he is not at liberty to nomination, vote her up or vote her Hatch give Mr. Gregory a hearing. discuss, but I do not believe any such down. Instead, there is the equivalent It is past time for the Judiciary Com- impediments exist that would prevent of an anonymous and unexplained se- mittee to consider Mr. Gregory’s nomi- the Chairman from telling us why He- cret hold. Bonnie Campbell is a distin- nation. lene White, Roger Gregory, and guished lawyer, public servant and law We still have pending before the Enrique Moreno have not yet had a enforcement officer. She was the Attor- Committee the nomination of Enrique hearing. ney General for the State of Iowa and Moreno to the Fifth Circuit. He is the There continue to be multiple vacan- the Director of the Violence Against latest in a succession of outstanding cies on the Third, Fourth, Fifth, Sixth, Women Office at the United States De- Hispanic nominees by President Clin- Ninth, Tenth and District of Columbia partment of Justice. And she enjoys ton to that Court, but he too is not Circuits. With 23 current vacancies, our the support of both of her home State being considered by the Committee or appellate courts have nearly half of the Senators, Senator HARKIN and Senator the Senate. Mr. Moreno succeeded to total judicial emergency vacancies in GRASSLEY. I understand and share Sen- the nomination of Jorge Rangel on the federal court system. I note that ator HARKIN’s frustration and believe which the Senate refused to act last the vacancy rate for our Courts of Ap- that the Senate’s failure to act on this Congress. These are well-qualified peals is more than 11 percent nation- highly qualified nominee is without nominees who will add to the capabili- wide. If we were to take into account justification. ties and diversity of those courts. In the additional appellate judgeships in- We still have pending without a hear- fact, the Chief Judge of the Fifth Cir- cluded in the Hatch-Leahy Federal ing the nomination of Roger Gregory of cuit declared that a judicial emergency Judgeship Act of 2000, a bill that was Virginia and Judge James Wynn of exists on that court, caused by the requested by the Judicial Conference to North Carolina to the Fourth Circuit. number of judicial vacancies, the lack handle their increased workloads, the Were either of these highly-qualified of Senate action on pending nomina- vacancy rate would be 16 percent. jurists confirmed by the Senate, we tions, and the overwhelming workload. Also at our last executive business would be finally acting to allow a I remain vigilant regarding the Sen- session, my friend from Utah, the dis- qualified African American to sit on ate’s treatment of nominees who are tinguished chairman of the Judiciary that Court for the first time. Fifty women or minorities. I have said that I Committee, said there is and has been years has passed since the confirma- do not regard the Chairman as a biased no judicial vacancy crisis. That is a tion of Judge Hastie to the Third Cir- person. I have also been outspoken in bold statement considering there are 67 cuit and still there has never been an my concern about the manner in which current vacancies in courts and emer- African-American on the Fourth Cir- we are failing to consider qualified mi- gency situations, including the Fifth cuit in the history of that Circuit. The nority and women nominees over the Circuit. If we pass the bill that has nomination of Judge James A. Beatty, last several years. From Margaret Mor- been requested by the nonpartisan judi- Jr., was previously sent to us by Presi- row, Margaret McKeown and Sonia cial conference, we would have another dent Clinton in 1995. That nomination Sotomayor, through Richard Paez and 7 or more judicial vacancies, so we was never considered by the Senate Ju- Marsha Berzon, and including Judge would have over 150 judicial vacancies. diciary Committee or the Senate and James Beatty, Jr., Judge James Wynn, The chairman went on to say that was returned to President Clinton Roger Gregory, Enrique Moreno and all since 363 senior judges are now serving without action at the end of 1998. It is the other qualified women and minor- in the Federal judiciary the true num- time for the Senate to act on a quali- ity nominees who have been delayed ber of vacancies is ‘‘less than zero.’’ fied African-American nominee to the and opposed over the last several years, While it is true that there are 363 sen- Fourth Circuit. It is also time for the I have spoken out. ior judges now serving, it is inaccurate Senate to act on the nomination of The Senate will never remove the to say that the true number of vacan- Kathleen McCree Lewis to be the first blot that occurred last October when cies is less than zero. African American woman to serve on the Republican Senators emerged from I commend the large number of sen- the Sixth Circuit. President Clinton a Republican Caucus to vote lockstep ior judges for coming in to help out and spoke powerfully about these matters against Justice Ronnie White to be a fill in. Some of them are well into their at the NAACP Convention. We should Federal District Court Judge in Mis- eighties. But that is not the way it respond not be misunderstanding or souri. At a Missouri Bar Association should be. Surely, if we didn’t have mischaracterizing what he said but, in- forum last week, Justice White ex- these senior judges, the courts would stead, by taking action on these well- pressed concern that the rejection of collapse under the weight of their own qualified nominees. his nominations to a federal judgeship caseloads and the extended and exten- I commend Senators ROBB and WAR- will have a ‘‘chilling effect’’ on the de- sive vacancies. NER, along with Representatives BOBBY sire of young African American law- What we have is a situation where SCOTT and JIM CLYBURN, for speaking yers to seek to enter the judiciary. The selfless public servants have made a out last Wednesday to draw attention Senate took the wrong action last Oc- conscious decision to hold off on the re- to the Senate’s failure to act upon the tober when the Republican caucus re- wards of retiring from a job well done nomination of Roger Gregory to fill an jected Justice White’s nomination. to help administer fair and proper jus- emergency vacancy in the Fourth Cir- At our last Executive Business Ses- tice in our country. Our senior judges cuit. As Senator ROBB pointed out, Mr. sion in the Judiciary Committee, the should be thanked for their diligent Gregory has been nominated to fill a Chairman used some of Senator work and dedication. Still, their serv- vacancy that has existed on the Fourth BIDEN’s remarks from a nominations ice does not mean we have fewer vacan- Circuit for 10 years. While the Court is hearing last November to make the cies. Indeed, the Judicial Conference authorized to have 15 judges, it is oper- point that he is neither racist nor sex- has recommended 70 new judgeships in ating with only 10 judges today. That ist. And I agree. I do not believe that addition to the already existing 67 va- means the Court has one-third of its the Chairman is himself for or against cancies. positions vacant. Beth Nolan, the a particular nominee based purely on Let’s not say the only way that can Counsel to the President, recently race or gender, though I do understand happen is if people, no matter how old wrote in the Wall Street Journal: that the Committee does keep track of they are, say: I will never retire; I will [T]he seat for which Mr. Gregory was nom- such numbers for statistical purposes. just keep on showing up and do the inated has not been filed before, nor allo- But to paraphrase our former Chair- best I can. It is the lifeblood of our ju- cated to any particular state in the Fourth man from later on in that Executive diciary to have new judges come in. Circuit. Moreover, Roger Gregory has the Business Session, it would be better for I regret that the last confirmation strong support of both of his home-state sen- the current Chairman to explain to hearing for Federal judges held by the ators (who were indeed consulted prior to nomination). Democratic Sen. Chuck Robb those of us on this side of the aisle and Judiciary Committee was in July. In recommended Mr. Gregory to the president the public at large why he is not mov- fact, that was the last time the Judici- and has been working tirelessly on Mr. Greg- ing on particular nominations. I under- ary Committee reported any nominees ory’s behalf. Republican Sen. John Warner stand there may be outstanding FBI in- to the full Senate. Throughout August, October 3, 2000 CONGRESSIONAL RECORD — SENATE S9675 September, and now the first week in are ostensibly being considered by the pleased that both the majority and mi- October, there have been no additional Senate and I have heard no discussion nority have now made that possible hearings held, or even noticed; no exec- about the four. So I am going to dis- and that in a few minutes we will be utive business meetings have included cuss the four very briefly. able to vote for all of these candidates. any judicial nominees on the agenda. The problem, as you have heard, is The first three candidates should I mention that because in 1992, the that many on the other side of the have been discussed this morning. I last year of the Bush administration, aisle are unhappy with the fact that know they were not. Instead, we had we had a Republican President and a other nominees have not been consid- the discussion that you have heard. Democratic majority in the Senate. We ered this year. You have heard all the But those four nominees, as Senator held three confirmation hearings in discussion about that. You have heard HATCH mentioned, are Michael Reagan August and September. We continued Senator HATCH on our side explain why from Illinois, about whom you will to work to confirm judges. that is so. But there has been great dis- hear a little more in a moment from How late did we work, even though pleasure on the other side because, in Senator FITZGERALD; Mary Murguia, a we have the so-called Thurmond rule their view, not all the nominees they very well qualified assistant U.S. attor- which cuts off judicial nominations would have liked to have considered ney from Arizona who, by the way, if after about midyear? Do you know how were considered. confirmed, will be the first Latina to long the Democrat-controlled Senate The four nominees who are before us serve as a Federal district court judge was confirming judges for a Republican today are the only four the Senate can from Arizona; and the Honorable Susan President? Up to and including the consider. They are the only nominees Bolton, a very distinguished Superior very last day of the session; not up to who have gone all the way through the Court judge in Arizona. All three of and including 6 months before the ses- process from nomination, ABA clear- those candidates I deem to be well sion ended. ance, FBI clearance, hearing before the qualified. I chaired the hearing. I can I know there is some frustration. Judiciary Committee, and then the Ju- certainly attest to the fact that the Some Senators have objected to Senate diciary Committee having acted upon two from Arizona have the highest committees continuing to meet on them to send them to the floor of the qualifications. That leaves the fourth who is being other matters while the Senate is in Senate. These are the only four on considered separately here for reasons I session. That is partly because the whom the Senate can act. I am pleased will discuss in just a moment, but he is matter is so acute with regard to the that, today, we will have the oppor- James Teilborg. Since I think it is ap- numerous vacancies in our court of ap- tunity to do that. propriate when we are going to vote on peals and the qualified women and men All four of these nominees were pend- somebody to actually have a little dis- who have been nominated and stalled. ing in July. The majority leader made cussion about the individual, I am The chairman says, and he holds the a request of the minority to consider pleased to present a couple of minutes banner for his party, that Democrats the four nominees. That request was on his background here. have no grounds to complain. I remind denied, however. So these four nomi- He was born and raised on a farm in the Senate of the hoops that Richard nees had to be held over the August re- southern Colorado and was State Presi- Paez and Marsha Berzon had to jump cess. Obviously, on our side we would dent of the Colorado Future Farmers of through in order to get a vote, includ- have much preferred that the four con- America. He married his wife, Connie, ing the extraordinary step of over- firmations could have occurred because 37 years ago. They have two sons, Andy coming a motion to postpone indefi- of the need to fill these vacancies for and Jay, and three granddaughters. nitely the vote on Marsha Berzon. the District in Arizona—which I will He and I attended the University of So I hope we will continue to meet refer to in just a moment—but to Arizona College of Law beginning in our responsibility to all nominees— which Senator LEAHY referred. He ac- 1964. That is where I first met Jim men, women, and minorities. As long knowledges we have a significant need Teilborg. I have known him ever since, as the Senate is in session, I am going in Arizona to fill these positions. But and we have been close friends. So I to urge action. Highly qualified nomi- there was objection on his side to their can attest not only to his qualifica- nees should not be delayed. The Senate consideration. tions as a fine lawyer but also as a fine should join with the President to con- So when we came back in September, individual. He served in active duty firm well-qualified, diverse, and fair- the majority leader again asked the U.S. Air Force to attend Navigator minded nominees to fulfill the needs of minority leader for concurrence to School. He is a retired colonel in the the Federal courts around the country. bring these four nominees to the floor United States Air Force Reserve after I see my friend from Arizona on the for a vote. Again, that was denied by 31 years in the National Guard and Re- floor. I have spoken somewhat longer the Democratic side. serve service. He was a member of the than I suggested to him that I would. I People might ask: Why would Demo- National Guard for 7 years, a navigator apologize for that, but I hope he will crats be objecting to President Clin- on the C–97 and KC–97 aircraft and, by take some comfort from the fact that ton’s nominees? The reason has noth- the way, has been 23 years admissions as I said at the beginning of my talk ing to do with their merits. As Senator counselor for the U.S. Air Force Acad- that I would vote for the nominees LEAHY pointed out, undoubtedly all emy. I would also note for the entire from his State, including one who has four of these nominees will be con- time I have been with the U.S. Con- been a long-time friend of his. I am firmed because they are all four very gress, Jim Teilborg has chaired my going to be urging Members on this well qualified. The reason has to do service academy committee, a huge job side to do so. I can say with some cer- with the politics of this Chamber. Be- of interviewing all the individuals who titude, all four will be confirmed. cause some Democrats were concerned would like to attend one of our mili- Mr. President, I reserve the remain- that not all of their people had been tary service academies: interviewing der of my time and yield the floor. yet considered, they were going to hold them, making recommendations to me, The PRESIDING OFFICER. The Sen- up nominees they perceived to be im- and then for me to the academies. As a ator from Arizona. portant to me and to Senator FITZ- result of his exemplary service, I must Mr. KYL. Mr. President, I appreciate GERALD from Illinois, the home State say we have a much higher than aver- those remarks of the distinguished of the four nominees here before us. age rate of acceptance by the service ranking member of the Judiciary Com- But the fact is, these people are need- academies—because of Jim Teilborg’s mittee. It is probably a good segue for ed to serve the people of the United fine service. me to try to explain what has been States of America. They were nominees He was a founder of the law firm of going on here because colleagues who of President Clinton. So the bottom Teilborg, Sanders & Parks, the 12th may be watching or people who are not line is that it is now time for the nomi- largest law firm in Arizona. His prac- in the Senate may be wondering what nations to be considered by the full tice focused on the areas of aviation, all of the discussion has been about Senate. We need to get over the poli- professional negligence, product liabil- when there are four specific nominees tics. We need to get on with doing the ity, and complex tort litigation. who President Clinton has nominated people’s business and confirm these The Presiding Officer will appreciate, for Federal district judgeships and they four well-qualified individuals. I am as a pilot himself, that, of course, Jim S9676 CONGRESSIONAL RECORD — SENATE October 3, 2000 Teilborg is an accomplished pilot as ment, I will quote him because I want I conclude with a quick comment well. him to know how much I agree with about the need to fill this position in He is a 33-year veteran trial lawyer. this important statement of his. Arizona. He was President of the Maricopa He said: In 1999, Congress created nine new County Bar Association, and was a We should be the conscience of the Nation. Federal district court judgeships—four member of the board of directors. He On some occasions, we have been, but we tar- for Florida, two for Nevada, and three was the lawyer representative to the nish the conscience of this great Nation if we for Arizona. The Nevada positions and Ninth Circuit Judicial Conference, a establish the precedents of partisanship and three of four in Florida have been con- distinguished position for a member of rancor that go against all precedents and set firmed, but none has been confirmed the bar, and has served as chairman of the Senate on a course of meanness and yet for Arizona. That is why this is smallness. the Maricopa County Bar Association such an important matter as we con- Medical/Legal Liaison Committee, and The Senator from Vermont was, I clude our business this year. also served as chairman of the Special think, very accurate not only in what These nominees are needed to handle State Bar Disciplinary Administrative he predicted would be the consequence the ever-increasing caseload in Ari- Defense Counsel. of the precedent we would set if we zona, and here is an illustration of that He is a Member of the International acted in that degree of smallness, but caseload. Association of Defense Counsel board also I think expressed the view all of us Our criminal felony caseload has in- of directors and was its president in share that our decisions should be creased 60 percent in the last 3 years. 1981; and, a very prestigious honor, a based upon the merits, however we see The district of Arizona ranks second in fellow of the American College of Trial them—maybe differently—but never total weighted filings for a judge Lawyers. This is the pinnacle for any- voting on an individual because of the among the Nation’s 94 districts, by the body who really wants to call himself a actions of someone else, to make a pro- way, twice the national average—901 trial lawyer. In the latest edition of test about some other point. compared to the national average of ‘‘The Best Lawyers of America,’’ of I appreciate his comments, and I 472. We are fourth in weighted felony course, he is included. commend to all of his colleagues the filings per judgeship. Felony filings per Jim Teilborg is one of those rare in- statement he has made here with re- judgeship weighted are 236 percent dividuals who has practiced law for all spect to Jim Teilborg. above the national average. of this time, made no enemies that I Mr. LEAHY. Will the Senator yield? So you can see, Mr. President, why know of, but a lot of friends in the Mr. KYL. I will be very happy to this burgeoning amount of work in Ari- practice of law as a very competent lit- yield. zona requires that we fill these posi- igator, a fine individual, and one who, Mr. LEAHY. I appreciate what my tions. We have 19 Indian reservations as we found when we interviewed peo- friend from Arizona said. And he is my and 21 tribes which produces a steady ple in Arizona about his potential nom- friend. It has been my experience on stream of U.S. jurisdiction cases which ination, had unanimous support among the committee, even on issues that are not found in most other States. Be- judges and lawyers for service on the start out appearing to be partisan, that cause we are on the border, we have a Federal district court. the Senator from Arizona has worked lot of illegal immigration and drug I cannot think of anyone who would hard to remove that sense of partisan- be more suited for the position because smuggling cases. And Arizona is one of ship. He and I have joined together on the fastest growing States in terms of of his background, because of his judi- a number of pieces of legislation. I do cial temperament, and because of his population. It is pretty easy to see how not think he would object to the de- a State such as Arizona can get into a philosophy of always treating people scription as a conservative Republican fairly and his love for the law. It is per- position where it has to fill these posi- and myself as a liberal Democrat, but tions. sonally a great honor for me and a we have both been pragmatic Senators pleasure to recommend James Teilborg I am very pleased that at this point, in getting some very good pieces of leg- just before the Senate concludes its to my colleagues. islation through. That is probably the last you will business for the year, we are able to fill I mention that because he and I may hear about Jim Teilborg. Nobody is these three positions in Arizona, as well share a belief that there have been going to argue against him as an indi- well as the Illinois position. I am de- some times this year when it has be- vidual, I am sure. Of course, none has lighted my colleague from Vermont come too partisan. I hope after the so far. I am hopeful that the political will be urging his colleagues on the elections, no matter who is elected disagreement we have had over other Democratic side to support all four President and no matter what the nominees will not spill over into a neg- nominations. I have certainly done the numbers are in the House and the Sen- ative vote on Jim Teilborg. same on our side of the aisle. I think it There is only one reason he has been ate, that a number of Senators who will send a very good signal of that set apart from the other nominees, and have had the experience of working to- very kind of bipartisanship Senator that is that he happens to be a Repub- gether across the aisle will start off the LEAHY was talking about if all of these lican. Of course, I have supported near- year trying to find pieces of legislation nominees receive our unanimous sup- ly 97 percent of President Clinton’s we can do that will demonstrate to the port. nominees during the time I have been country there are many Members of I reserve the remainder of whatever in the Senate, and I daresay virtually good will in both parties who do want time is remaining on my side. Mr. all of them have been Democrats. One what is best for this country. There President, it is my understanding that cannot base a vote on partisan reasons will be issues, of course, where there any quorum call time will be attrib- in this body. are distinct party differences, but there uted to both sides equally; is that cor- I was very pleased to hear Senator are so many issues where there is far rect? LEAHY say he would urge the support more unity. I hope we can do that. The PRESIDING OFFICER. The Sen- for Jim Teilborg, as well as commit- I thank the Senator for his kind ator is correct. ting that support himself. While we on words. I yield the floor. Mr. KYL. I suggest the absence of a both sides of the aisle have voted Mr. KYL. Mr. President, I thank the quorum. against candidates for reasons having Senator. I will conclude. Some of the The PRESIDING OFFICER. The Sen- to do with the merits of that individual best things we have done have been in ator will have to make that request. candidate, I do not know of any time I a bipartisan way—some of the things Mr. KYL. I ask unanimous consent have seen a colleague vote against a Senator LEAHY and Senator HATCH that any time spent in a quorum call nominee in protest of something some- have worked on in particular, things be equally divided. one else had done. That would be that Senator FEINSTEIN and I have The PRESIDING OFFICER. Without wrong. A protest vote having nothing worked on in particular. I certainly objection, it is so ordered. to do with the individual would be look forward to getting together with Mr. KYL. I suggest the absence of a wrong. Senator LEAHY after the election to see quorum. If the Senator from Vermont will how we begin next year, assuming I am The PRESIDING OFFICER. The still stay on the floor one more mo- returned to this body. clerk will call the roll. October 3, 2000 CONGRESSIONAL RECORD — SENATE S9677 The assistant legislative clerk pro- In this letter, he reminded him as to Again, I want to respond a little bit ceeded to call the roll. what the senatorial prerogative was in to what my friend from Utah said this Mr. INHOFE. Mr. President, I ask accordance with the Constitution. At morning, the chairman of the Judici- unanimous consent that the order for that time he said: You have violated ary Committee, Senator HATCH. I am the quorum call be rescinded. the Constitution with these recess ap- reading from the transcript of this The PRESIDING OFFICER (Mr. pointments, and you have done so to morning’s session. Senator HATCH said: CRAPO). Without objection, it is so or- avoid our confirmation or lack of con- It had always been my intention for the dered. firmation. Therefore, if you have any Judiciary Committee to report Ms. Camp- Mr. INHOFE. Mr. President, I rise to more recess appointments, I will put a bell’s nomination. However, events conspired make some brief comments. hold on all nominees, not just judicial to prevent that from happening. I was listening, while I was chairing nominations but all nominations. First, during the August recess, as I have the session, to the very distinguished Consequently, after a short period of explained, the President determined to re- Senator from Vermont talking about time, President Reagan wrote a letter cess appoint several executive branch nomi- how many appointments and how many back to Senator BYRD and said: You nees over the express objection of numerous nominees should be acted upon. He was are right; it was a violation of the Con- Senators. very passionate in his appeal to just stitution. And he recited that the Con- He did so notwithstanding his agreement to clear such recess appointments with the have a vote; let’s just vote up or down. stitution had a provision for recess ap- He named nominee after nominee and relevant Senators.... pointments only in the cases when the how many days they have been under Second, after their August recess, Demo- appointment occurs during the time we consideration. crat Senators determined to place holds on I was tempted to go back and get the are in recess and that that was not the the four nominations we are debating today, history as to some of the problems we case when he made his recess appoint- even everybody admits—I think everybody admits—that they are important nomina- are having with this administration ments. Fifteen months ago, when we found tions and this arrangement that has been and the fact that, yes, I am guilty of out that President Clinton was making worked out has been fair. putting holds on judicial nominees and excessive recess appointments, I found Again, they threatened to shut down the doing the same thing that, back in Senate’s committee work, going as far as to the old letter that BOB BYRD had sent 1985, Senator BYRD did when Ronald invoke the 2-hour rule and forcing the post- to President Reagan, and I sent that Reagan was President of the United ponement of scheduled committee hearings. States. same letter to President Clinton, say- . . . For these reasons, Bonnie Campbell’s But rather than go into that, I will ing the same thing: If you continue to nomination has stalled. Ms. Campbell has only say this—I don’t want to take do recess appointments, we are going only the White House and Senate Democrats much time; I want the Senator from to put holds on all your nominees, ex- to blame for the current situation. Iowa to have his time—we have acted cept, I said, just judicial nominees. I don’t know what the Senator from upon President Clinton’s nominees. In Consequently, President Clinton, after Utah is talking about. Bonnie Camp- fact, it is my understanding that he is a period of 3 or 4 weeks, wrote a letter bell had nothing to do with whether only five short of having an all-time back and said that he would agree to the President made recess appoint- record of having nominees being con- the same terms Ronald Reagan had ments or not. And the holds that were firmed in a period of time. agreed to back in 1985. Then when placed on the four nominations—they Even though the Senator from President Clinton violated his word, I were saying, wait a minute, Bonnie Vermont was quite eloquent in talking put holds on nominations. This was 15 Campbell had her hearing 2 months be- about all of the judicial nominees who months ago. fore some of the nominees that we are were left without final action being As we all know, there was a vote to voting on today. Three of these nomi- taken, either to confirm or not con- override my holds after a few months, nees that will get their vote today were firm, if we quit right now and didn’t and that was successful. However, for nominated, got their hearing and were confirm these four we are discussing all judicial nominations that have not reported out of Committee within one today, at the end of President Clinton’s gone through the process since Presi- week in July of this year. Bonnie term, that would leave a total of 67 va- dent Clinton did have 17 recess appoint- Campbell’s hearing was in May. ments during the August recess, I have cancies. It is my understanding that 61 So we are only saying: Why not take renewed that hold on all future judicial is considered to be a full bench. those who had their hearings first? Let’s say 67 vacancies are there. nominations. Why take up those who had them Back when President Bush was Presi- I yield the floor. later? Bonnie Campbell had her hear- dent, when he left office at the end of The PRESIDING OFFICER. The Sen- ing, answered questions; they had more 1992, there were 107 vacancies. ator from Iowa. The bottom line there is the Demo- Mr. HARKIN. Mr. President, for the written questions that they sent her, crat-controlled Senate at that time benefit of Senators and staff, I initially and she responded to those. Yet there was able to stop or was stopping more had 3 hours of time on which to speak again, three of the four judges we are of the nominations than the Repub- about the judicial nominees and, more voting on here today went through the lican-controlled Senate is today. specifically, the holdup that is hap- first three steps of the process within Seeing that the Senator from Iowa pening on the Judiciary Committee one week. has left the Chamber and no one else is with regard to the former attorney Ms. Campbell has only the White asking for time, I will go ahead at this general of the State of Iowa, Bonnie J. House and Senate Democrats to blame point and proceed to the history behind Campbell, who has been nominated for for the current situation? What is the this. a seat on the Eighth Circuit Court of Senator from Utah talking about? Back in 1985, when Ronald Reagan Appeals. What is to blame are the pure rank pol- was President of the United States and In discussing this with several Sen- itics of the Senate Judiciary Com- the Senate was controlled by the ators, I can say that it is now my in- mittee and the Senate Republicans for Democrats, a lot of the conservative tention to speak for a few minutes and holding up Bonnie Campbell’s nomina- appointments—not just judicial nomi- to yield back the remainder of my tion and keeping it bottled up in com- nations but others—by the President time. In discussions with our side, I un- mittee. were not acted upon by the Democrat- derstand there probably will be just The Senator from Utah knows full controlled Senate. Consequently, voice votes on all of these nominees. well that this Senator from Iowa had President Reagan did something he Just for planning purposes—I know every right to exercise his rights as a should not have done back in 1985. He how sometimes I get irritated when I Senator on the floor, to bottle up a lot started making recess appointments, don’t really know what is happening of things on this floor after the August and he made many recess appoint- when some people have a lot of time— recess. I did not do so because I was led ments. The majority leader at that I want Senators to know I am going to to believe that, by acting in good faith, time, the very distinguished Senator speak for a few minutes, yield back my the Senate Judiciary Committee would from West Virginia, Mr. BYRD, wrote a time, and then move to the votes on act on Bonnie Campbell’s nomination. letter to President Reagan. the nominees. Why? Because the Senator from Iowa, S9678 CONGRESSIONAL RECORD — SENATE October 3, 2000 Mr. GRASSLEY—and if I am not mis- Well, I say to Senate Republicans, July. He was passed out the same taken, he is the second ranking mem- you better beware. The women of this week. Bonnie Campbell has waited 215 ber on the Judiciary Committee—sup- country are watching what you do up days since she was nominated. ports Bonnie Campbell and has stated here on the issues that are important The standard bearer of the Repub- so publicly. So I figured, well, he is sec- to them. They want the Senate to re- lican Party this year—Gov. Bush of ond ranking. authorize VAWA. They want judges Texas—said there should be a deadline Now, Mr. KYL, the Senator from Ari- who will enforce that law. Who better of 60 days from nomination through zona, is fourth ranking on the com- to do that than Bonnie Campbell? She the process. mittee, but he gets his nominee is qualified, and no one has come to the Evidently, the Republicans in the through. He was nominated, had a Senate floor and said any differently Senate and on the Judiciary Com- hearing, and was reported out that since her hearing. mittee are not paying much heed to week. Mr. KYL gets his nominee I can tell you, this Republican Sen- their standard bearer. through. ate that is holding up her nomination I am sorry to have to disagree with Well, I figured if I acted in good and the reauthorization of VAWA will Mr. HATCH. But the White House is not faith—and I did so by not doing any- have only themselves to blame if the to blame for this, and neither are the thing and letting the Judiciary Com- women of this country vote over- Senate Democrats. mittee go from one week to the next, whelmingly against their party in No- Mr. HATCH has an argument with the one week to the next, and I thought vember. It pains me to say this, but I White House on recess appointments. this week they didn’t report her out, think that is what it has come down to. That is another matter entirely. It has maybe they’ll do it next week, or If they want to play politics with nothing to do with judicial nominees. maybe the next week. Well, now, the Bonnie Campbell and Violence Against Maybe he doesn’t like what Mr. Clin- time has run out and it is clear to me Women, go right ahead, but it will bite ton said at a press conference. Maybe I was being strung along all this time them bad. Real bad. Senator HATCH doesn’t like a lot of with false promises that the Judiciary You may think you are only holding things the President does. But does Committee would, indeed, act on up one person, only one judge, saying, that give the Senator from Utah the Bonnie Campbell’s nomination. well, she was from Iowa, not of any right to hold up a judicial nominee be- So now to say that it is the Senate consequence. I say to my Republican cause he doesn’t like what the Presi- Democrats who are to blame for the friends, you are seriously mistaken. dent did on some other matter? current situation with Bonnie Camp- Bonnie Campbell did an outstanding I want to point out again that three bell is utter fabrication, total non- job as attorney general for the State of out of the four nominees voted on sense. The Senator from Utah knows as Iowa. She was well known to women all today were nominated, a hearing was well as I do that there is one reason it over this country as a role model and held, and they were reported out of the is being held up, and it is called poli- someone they have looked to for lead- committee in 1 week in July. Yet tics—pure rank politics. Then, again, ership, someone who has brought honor Bonnie Campbell has been waiting 215 Senator HATCH says that the reason it to our State, honor to the legal profes- days, and they will not report her out has been held up is because President sion, honor to this administration, and of the committee. Clinton had some recess appointments, honor to what we are about as a nation One can only ask again why the Re- and that we had a hold on these four in trying to provide more equality for publicans are playing this political nominees for a while. Well, why is he women in this country. charade. I guess they figure, well, if singling out one nominee? Why is he I say to my friends on the Republican they just hold on, maybe their guy will targeting Bonnie Campbell? Why is side, if you think you are playing win and they can move ahead. Bonnie Campbell the target? What smart politics by holding up Bonnie But, as I said earlier, I think the Re- about all the other judges? Why is he Campbell’s nomination, I say to you publicans over there ought to be aware singling her out? that you are sadly mistaken. of this one. This one is going to bite Is it because of her work to prevent But I guess it has come down to this. hard. domestic violence as the director of the I am told that there is no use even Mr. President, I yield whatever time Office of Violence Against Women at talking about it anymore. They are not the Senator from Minnesota desires. I the Justice Department? The Senate going to let Bonnie Campbell’s nomina- yield up to 10 minutes to the Senator Republicans have stalled passing the tion be reported out. I don’t know from New York, Mr. SCHUMER, and I re- reauthorization of that law just as they about that. I say it is never over until serve the remainder of my time. have blocked Bonnie Campbell’s nomi- it’s over. And perhaps some cooler The PRESIDING OFFICER. The Sen- nation from getting a vote on the Sen- heads will prevail on the Republican ator from Minnesota. ate floor. side. They will see that they are only Mr. WELLSTONE. Mr. President, I Bonnie Campbell has done a superb hurting their own cause. They are only came to the floor to support my col- job of focusing on the issue of violence hurting themselves and their can- league, the Senator from Iowa, and to against women, especially domestic vi- didates who are out there running by speak for a couple of minutes about olence. The Violence Against Women holding up Bonnie Campbell’s nomina- Bonnie Campbell. I believe Bonnie Act has expired. It expired on the last tion. Campbell would be the second woman day of September of this year. This Re- It is time we have more diversity on to serve on the Eighth Circuit Court of publican Congress didn’t even see fit to the Federal bench. Only 20 percent of Appeals. Dianne Murphy from Min- take it up and pass it. the Federal judiciary are women. Of nesota is the first. Bonnie Campbell So it is no surprise to me that in poll the 148 circuit judges, only 33 are has done a lot of good work, but most after poll after poll across this country women. It is time we have more—quali- important is her record at the Justice women are saying no to Republican fied women on the federal bench. Department in the violence against candidates because they see what has Last year, a report by the Task Force women office. been happening here. This Republican on Judicial Selection of Citizens for I come here to speak about this wom- Senate is holding up the one person Independent Courts—an independent an’s magnificent work. Bonnie Camp- who really knows what violence group—verified that the time to con- bell has probably more than any single against women is about, who headed firm female nominees is now signifi- individual made the most difference that office and has done a superb job; cantly longer than that to confirm when it came to reducing violence and yet Senate Republicans aren’t going to male nominees. There is a difference trying to end some of the violence in let her come out. How well has she that has defied logical explanation. families; unfortunately, most of it di- done? Take a look at the House vote on The fact is—it is true—to confirm fe- rected against women and children. reauthorization. The vote was 415 to 3. male nominees takes a lot longer than About every 13 seconds, a woman is Do you really think this bill would men. battered in our country. A home should have been reauthorized if the person We have some men who are being be a safe place. Somewhere between 3 who has headed the office to imple- voted on today. We have one man being million and 10 million witness this in ment its provisions had done a bad job? voted on today who was nominated in their homes. October 3, 2000 CONGRESSIONAL RECORD — SENATE S9679 Bonnie Campbell has visited Min- and could help so much. Bonnie Camp- is how it should be. The framers of the nesota. I have seen her speak with very bell is a perfect example. We shouldn’t Constitution designed article III to quiet eloquence. I cannot say enough be delaying this nomination one day. keep judges outside of politics and about the magnificent work she has But we are. I just want to express my above influence. Read the Federalist done. As attorney general in Iowa, I support for Bonnie Campbell. Papers. One of the great debates was think she passed the first anti-stalking I yield the floor. that Federal judges, in article III, law in the State. She is well known in The PRESIDING OFFICER. The Sen- achieve life appointment. Iowa. She is well known throughout ator from New York. There was one reason for it: So they the United States of America. She is a Mr. SCHUMER. Before I get into the would be unfettered, so they would be skillful lawyer. She would be a great substance of my remarks dealing with uninfluenced; they could make their judge. She is extremely important honoraria for judges, I echo the words own decisions, knowing that no sanc- when it comes to being a voice for fam- of my colleague from Minnesota, Sen- tion could be taken against them for ilies in this country. She has done ator WELLSTONE, as well as our leader decisions they made, and, just as im- probably some of the best work that on the Judiciary Committee, Senator portantly, so the public would know it. any individual could possibly do in this LEAHY, about the holdup in judges. Because the judiciary has neither the incredibly important area of reducing Senator LEAHY has laid it out quite power of the sword, as does the execu- violence in this country. There is way carefully; that is, that we have not ap- tive, nor the power of the purse, as too much violence—especially directed pointed as many judges, on a percent- does Congress, it is essential that the at women and children. age basis, as when Democrats con- judiciary maintain its power—and it I cannot for the life of me understand trolled the Senate during the Reagan has, thank God—for these 211 years why we have been waiting almost 7 and Bush years. since the Constitution was written, months or thereabouts for this nomina- I particularly add my voice to those through an untainted reputation for in- tion to move through the Senate. who are asking that Bonnie Campbell tegrity and impartiality. The Federal Minnesota is covered by the Eighth be added to the Eighth Circuit. judiciary has had it. It has frustrated Circuit Court of Appeals. Dianne Mur- The reason I rise is not only as a us at times. It frustrated Franklin D. phy is from the State of Minnesota. member of the Judiciary Committee, Roosevelt in the 1930s. It has frustrated She was the first woman to serve on not only as somebody who believes we some Members today on issues where this court. She is a great judge. ought to fill the vacancies in our we disagree with the majority. There is Bonnie Campbell would be a great courts—and I am appreciative that nothing we can do about it, thank God, judge. We need her on this court. We Senator HATCH has worked with me to because an independent judiciary is need a judge who understands the con- fill those vacancies in New York. Nei- vital. cerns and circumstances of too many ther the Second Circuit nor any of the I believe the public, if the surveys I women’s lives and too many children’s New York district courts have vacan- have seen are correct, believes the Fed- lives in this country. We need a judge cies, and we did manage to fill at least eral judiciary is independent—far such as Bonnie Campbell who has such six judgeships this year. I thank the more, I might say, than State and local a distinguished background and such a chairman for that. But that doesn’t judiciaries where there are either elec- distinguished career. We need a judge mean the rest of the country should tions or appointments of term so that on the Eighth Circuit Court of Appeals have things unanswered. judges believe they have to please ei- like Bonnie Campbell with such a prov- I worked with Bonnie Campbell. I ther an individual or even the whole en record of public service. I can’t find was the sponsor in the House of the Vi- electorate to make up their minds. anything in her background, I can’t olence Against Women Act. It was au- Nothing could do more to undo the find anything in her record, I can’t find thored originally by Senator BIDEN and justified reputation so much wanted by anything about her which would make Senator BOXER, when she was a House the founders and sustained in this Re- her anything other than 100 percent Member. She carried it between 1990 public as the provision that has been eminently qualified to serve on this and 1992. When she was elected to the inserted into H.R. 4690 that would court of appeals. Senate, she asked me to take the reins, allow judges to accept honoraria. The I share in the indignation that my and we did. We passed the law. As repeal of the ban would create a signifi- colleague from Iowa has expressed. somebody greatly interested in the Vi- cant loophole in the Ethics in Govern- There is no excuse to hold this nomina- olence Against Women Act, of bringing ment Act of 1978 which bars high-rank- tion for one day longer. I think it is that dirty little secret, the amount of ing Federal officials of all branches of shameful that, in the Senate, really violence in our families, out into the Government from receiving speaking good people who have so much to offer, sunlight so we could deal with it, I be- fees for 11 years. This prohibition has who could do such good—in this par- lieved very strongly the right person limited real and perceived corruption. ticular case, at the Eighth Circuit of should be appointed to be in charge of It has limited real corruption and, Appeals—find themselves blocked for the act. probably much more widespread, per- no good reason. Bonnie Campbell did a fabulous job ceived corruption. The conflicts of in- I heard Senator HARKIN say he on an issue of great concern to all terest among Members of Congress, thought this was going to come back to Americans. I think it is just unfair to Federal judges, and senior members of ‘‘bite.’’ I hope it does. It is true; most ‘‘reward her’’ by letting her sit there in the executive branch have been lim- of the people in the country are not so limbo when she so deserves and could ited, as well. directly connected to this process of be such a great addition to the Eighth I, for one, opposed honoraria for how we do confirmations of judicial ap- Circuit. I plead with my friend, the Members of Congress. I don’t believe in pointments. We have had Senator Senate majority leader, my friend, the a standard for the judges and a dif- LEAHY doing yeoman work, and there chairman of the Judiciary Com- ferent one for Members. While hono- are other Senators who have spoken. mittee—who, as I say, has been fair and raria were allowed in the Congress for Senator LEAHY provides the leadership. good to New York on this issue—to most of the years I served in the House, The more people learn about a person bring the names of all four judges be- I refused to take them. I remember my of the caliber of Bonnie Campbell—and fore the Senate, or all the judges who first speech, right after I was elected. A as a man, I care a lot about how we can are waiting in the wings—there are leading financial institution in New reduce this violence in families, how more than four—but particularly York asked me to speak. I had just we can reduce the violence in homes— Bonnie Campbell. been appointed to the Banking Com- the more people hear about this, the On an issue related, as well, of debat- mittee, which regulated a lot of their more outraged they will be, and for ing a number of nominees to be Federal activities. After the speech, they hand- good reason. judges, I want to address an issue that ed me a check. I was sort of surprised; I know it is asking too much, but I affects the entire Federal judiciary: it sort of knocked my socks off. I want to see a little bit more fairness. I The ban on honoraria. Under current looked at the check. I said: This is want to see an end to this blocking of law, as we all know, Federal judges are wrong; this is not a check for the ‘‘Re- good people who could do good work not allowed to accept honoraria. That elect Schumer Committee’’—which I S9680 CONGRESSIONAL RECORD — SENATE October 3, 2000 would have believed would have been sion into the thick of an appropriations [Rollcall Vote No. 263 Leg.] untoward to give me right after a bill in the dark of night ruins that YEAS—95 speech anyway—but this is for me. image. Unfortunately, the sneaky addi- Abraham Enzi McConnell They said: Yes, that is your hono- tion of this provision matches the sub- Akaka Feingold Mikulski rarium. stantive effect of it. It will only en- Allard Fitzgerald Miller Ashcroft Frist Moynihan I felt bad about it, returned the hance the public’s perception that Baucus Gorton Murkowski check, and vowed not to take any those in government should not be Bayh Graham Murray honoraria in the future. trusted. Bennett Gramm Nickles It is even more important for judges Biden Grams Reed I yield the floor. Bingaman Grassley Reid because, as I said, they are not sanc- Mr. President, I suggest the absence Bond Hagel Robb tioned to election; they are not sup- of a quorum. Boxer Harkin Roberts posed to be sanctioned to the whims of The PRESIDING OFFICER. The Breaux Hatch Rockefeller Brownback Helms Roth either the people or of special interest clerk will call the roll. Bryan Hollings Santorum groups. It would simply lower the The legislative clerk proceeded to Bunning Hutchinson Sarbanes standard for the very officials for call the roll. Burns Hutchison Schumer whom standards should be the highest. Mr. LOTT. Mr. President, I ask unan- Byrd Inhofe Sessions Campbell Inouye Shelby Thousands of U.S. citizens go before imous consent that the order for the Chafee, L. Jeffords Smith (NH) Federal judges every year and expect quorum call be rescinded. Cleland Johnson Smith (OR) impartial justice. That is why judges The PRESIDING OFFICER. Without Cochran Kerrey Snowe have, as I mentioned, life appoint- Collins Kerry Specter objection, it is so ordered. Conrad Kohl Stevens ments. That is why the rules so assidu- Mr. LOTT. Mr. President, I under- Craig Kyl Thomas ously guard against even the appear- stand that the Senators from Iowa and Crapo Landrieu Thompson ance of impropriety. And that is why Vermont are ready to yield back their Daschle Lautenberg Thurmond DeWine Leahy Torricelli we spend so much time debating the time; is that correct? Dodd Levin Voinovich appointment of these judges. We know Mr. REID. Yes. On behalf of the Domenici Lott Warner once they are appointed, that is it; Democrats who have been allocated Dorgan Lugar Wellstone they are in for life. time, time is yielded back. Durbin Mack Wyden Edwards McCain Lifting the ban will only leave liti- Mr. LOTT. With that in mind, we gants wondering whether the integrity also yield back all our time on the ma- NOT VOTING—5 of the judges has been undermined by jority side. Feinstein Kennedy Lincoln speaking fees from groups that have a I ask for the yeas and nays on the Gregg Lieberman stake, or may have a stake, in the case nomination of James Teilborg. The nomination was confirmed. before them. The PRESIDING OFFICER. Is there a Mr. CRAIG. Mr. President, I move to The Federal judiciary, it is said, is sufficient second? reconsider the vote. underpaid. If you believe it, raise the There appears to be a sufficient sec- Mr. LEAHY. I move to lay that mo- pay; budget the money. But don’t, ond. tion on the table. please, allow judges to moonlight as The yeas and nays were ordered. The motion to lay on the table was talking heads. Mr. LOTT. This vote will occur mo- agreed to. That demeans our independent Fed- mentarily. However, for just a minute, The PRESIDING OFFICER. The eral judiciary. To simply give them I will suggest the absence of a quorum, question now is, Will the Senate advise leave to forage for speaking engage- and we will be ready to proceed almost and consent to the three nominations ments is nothing less than an abdica- immediately. I want Senators to know en bloc? tion of our responsibility. Moreover, the vote is about to begin. The nominations , were confirmed. exempting judges from the honorarium I suggest the absence of a quorum. Mr. LEAHY. Mr. President, I move to ban will give the biggest benefit to The PRESIDING OFFICER. The reconsider the vote. those who are in high demand for clerk will call the roll. Mr. BIDEN. I move to lay that mo- speaking engagements—likely the The legislative clerk proceeded to tion on the table. most famous, the most high ranking. call the roll. The motion to lay on the table was Presumably inadequate compensation Mr. LOTT. Mr. President, I ask unan- agreed to. is a problem for all Federal judges, not imous consent that the order for the Mr. KYL. Mr. President, I rise to just those who can garner the largest quorum call be rescinded. thank all of those responsible for help- fees or even who are the most eloquent. The PRESIDING OFFICER. Without ing in the steering of the confirmation We don’t hire our judges, we don’t ap- objection, it is so ordered. of these four nominees—Senator HATCH point our judges, on the basis of elo- Mr. LOTT. Mr. President, we are and Senator LEAHY. quence. ready for the recorded vote. I also would like to make a quick Additionally, if judges are underpaid, The PRESIDING OFFICER. The comment about my colleague, Senator then they may be more susceptible to question is, Will the Senate advise and GRASSLEY, who observed earlier that influence from outside income—even consent to the nomination of James A. even though I rank fifth on the Judici- more reason to maintain the hono- Teilborg, of Arizona, to be U.S. District ary Committee and Senator GRASSLEY rarium ban. Judge for the District of Arizona? The ranks second, I was able to secure In conclusion, the issue boils down to yeas and nays have been ordered. The these nominees; whereas, the nominee one simple, simple nugget: The faith of clerk will call the roll. very important to Senator GRASSLEY the people in their government. We The legislative clerk called the roll. and Senator HARKIN has not been con- have a great Republic. The more I am Mr. NICKLES. I announce that the sidered. on Earth, the more I believe that the Senator from New Hampshire (Mr. I want to make it clear that senior- Founding Fathers were the greatest GREGG) is necessarily absent. ity had nothing to do with it. Senator collection of practical geniuses history Mr. REID. I announce that the Sen- GRASSLEY has worked long and hard on has ever known and the more I believe ator from California (Mrs. FEINSTEIN), behalf of the nominee that Senator that our country is, as they put it, a the Senator from Massachusetts (Mr. HARKIN has spoken about, Bonnie noble experiment. It was when it start- KENNEDY), the Senator from Con- Campbell, former attorney general of ed, and, God bless America, it still is necticut (Mr. LIEBERMAN), and the Sen- Iowa. today. ator from Arkansas (Mrs. LINCOLN) are I worked very hard on behalf of these Honoraria for judges strike a dagger necessarily absent. nominees. But to make it clear, the right in the heart of what the Found- The PRESIDING OFFICER (Mr. nominees from Arizona were President ing Fathers wanted—a totally inde- GRAMS). Are there any other Senators Clinton’s nominees. I worked with my pendent judiciary, perceived as inde- in the Chamber desiring to vote? colleague in the House, ED PASTOR, a pendent as well as actually being inde- The result was announced—yeas 95, Democrat, in helping to ensure that pendent. Inserting this nefarious provi- nays 0, as follows: these nominees could be considered in October 3, 2000 CONGRESSIONAL RECORD — SENATE S9681 this session of the Congress; that we I am still hopeful perhaps they will The issue of judgeships in the Federal could have the Senate Judiciary Com- see the light and permit that to hap- courts is not just about numbers and mittee approve the nominations, and pen, although time is running out. I statistics. Much more is at stake. Each send them to the floor for consider- will take every day we are here to talk judgeship is a life-time appointment ation. It was still laid over over the about it. that yields great power but is basically August recess. Notwithstanding all of I yield the floor. accountable to no one. that, we were able to get it done. The PRESIDING OFFICER (Mr. The Senate has a Constitutional duty But in the case of Bonnie Campbell, GRAMS). The Senator from South Caro- to review each nominee carefully and she is a circuit court nominee. I know lina. deliberately. We take this responsi- Senator GRASSLEY and Senator HARKIN Mr. THURMOND. Mr. President, we bility very seriously in the Judiciary have an agreement that they will sup- have heard much debate today about Committee, as we must. We cannot be port each other’s nominees when the Federal judges. One would think that a rubber stamp for any Administration. other party is in power. In this case, President Clinton has fared very poorly The entire Nation loses when we allow the Democratic President makes a in the judicial confirmation process, judicial activists or judges who are soft nominee, and Senator HARKIN is sup- but this is simply not true. He has done on crime to be confirmed to these life- portive and Senator GRASSLEY is also quite well with the cooperation of the time positions. Republican-controlled Senate. supportive. He certainly has been sup- Under Senator HATCH’s leadership, During the President’s first term, the portive. the Judiciary Committee has taken a Senate confirmed nearly one-quarter of I want the Record to be clear—I am fair and reasoned approach to the con- the entire Federal Judiciary. After sure Senator HARKIN would concur in firmation process. As a result, the Clin- today, the Senate will have confirmed this—that Senator GRASSLEY has been ton Administration has done quite well 44 percent or 377 Clinton judges. a very strong advocate for Bonnie regarding judicial confirmations. Campbell. It is no secret that while I served as I think the circumstances that per- Chairman of the Judiciary Committee f during the first six years of the Reagan mitted us to confirm these other four LEGISLATIVE SESSION nominees—one from Illinois and three Administration, I made the confirma- from Arizona —didn’t have anything to tion of judges a top priority of the The PRESIDING OFFICER. The Sen- do with the seniority on the committee Committee. I am proud of our accom- ate will return to Legislative Session. or it wouldn’t have been possible for plishments during those years. f the Arizona judges to have been con- Yet, with Republican control of the firmed by the Senate. Congress, President Clinton’s success MORNING BUSINESS I thank the Chair. rate is really no different. After today, Mr. LOTT. Mr. President, we in- Mr. HARKIN. Mr. President, I re- the Senate will have confirmed only tended to proceed to an agreement to spond by saying I was not trying to five more Article III judges for Presi- take up the Interior appropriations imply one way or the other that senior- dent Reagan than it has thus far for conference report, but it looks as if it ity had something to do with who gets President Clinton. will be a few minutes before we can out of the Judiciary Committee. My Today, the vacancy rate is 7.9 per- work through an agreement that will main point was that three of the four cent, and the Clinton Administration allow that. has recognized a 7 percent vacancy rate nominees we voted on today have been In the meantime, after Senator HAR- as virtual full employment for the Ju- pending a very short time. They were KIN completes his remarks, I will enter nominated in July, their hearing was diciary. The vacancy rate at the end of into consent for a period for morning the Bush Administration was 11.5 per- in July, and they were reported out of business so Senators can speak on cent, but there was no talk then about Committee in July—all in the same issues they desire, but within an hour a vacancy crisis. At the end of the week. And they were brought to the we hope to get an agreement on how to Bush Administraton, the Congress ad- floor today. Bonnie Campbell has been proceed to the Interior appropriations journed without acting on 53 Bush sitting there for 215 days. She had her bill conference report. We need to do nominations. Today, there are only 38 hearing in May. Yet they won’t report that. Clinton nominees pending in Com- her out of the Judiciary Committee. In view of the present situation, we This is unfair. It is unfair to her. It is mittee. will not have any more recorded votes unfair to the women of this country. It The Fourth Circuit is a good example tonight. We will try to get an agree- is unfair to the court which needs to of the healthy status of the Judiciary. ment to kick in the Interior appropria- fill this position. We recognize in The court is operating very well and tions bill, and that would be considered Bonnie Campbell a champion, a cham- does not need more judges. In fact, tomorrow. pion of women, someone who has done today, it is the most efficient circuit. I ask unanimous consent the Senate an outstanding job in administering The Fourth Circuit takes less time the office of violence against women. than any other to decide a case on ap- be in a period for morning business, She is the only one who has held that peal. The truth is that, due to a lack of with Senators permitted to speak for office since the legislation was passed. cases needing oral argument, the up to 10 minutes each. The House last week voted 415–3 to re- Fourth Circuit has cancelled at least The PRESIDING OFFICER. Without authorize it. Now we will try to do one term of court for each of the past objection, it is so ordered. something in the Senate. I think the four years, and two terms of court for The Senator from Ohio. women of this country understand the the past two years. f Republican-controlled Judiciary Com- The Chief Judge of the Fourth Cir- MICROENTERPRISE FOR SELF-RE- mittee and the Republican-controlled cuit has made clear that additional LIANCE AND INTERNATIONAL Senate are stopping the Senate from judges are not needed, and he should having a vote on Bonnie Campbell for know better than us the needs of his ANTI-CORRUPTION ACT OF 2000 pure political reasons. court. There is no good reason to add Mr. DEWINE. Mr. President, I ask I think it is wrong the way they are judges to the most efficient circuit in unanimous consent the Foreign Rela- treating Bonnie Campbell in this nomi- the nation. Given that a circuit judge- tions Committee be discharged from nation process. I will continue to point ship costs about one million dollars per further consideration of H.R. 1143, and that out every day that we remain in year for the life of the judge, it would the Senate then proceed to its imme- session. It is unfair to her. It is unfair be a waste of taxpayer money to do so. diate consideration. to the women of this country to have We also should not be misled by the The PRESIDING OFFICER. Without someone so qualified, someone who has fact that some vacancies are defined as objection, it is so ordered. The clerk done so much to reduce and prevent vi- a ‘‘judicial emergency.’’ The term is will report the bill by title. olence against women, to have the Sen- defined so broadly that, with one ex- The legislative clerk read as follows: ate Judiciary Committee bottle up her ception, all current circuit court judge- A bill (H.R. 1143) to establish a program to name and not even permit it to come ships that have been vacant for 18 provide assistance for programs of credit and on the floor for a vote. months are considered ‘‘emergencies.’’ other financial services for microenterprises S9682 CONGRESSIONAL RECORD — SENATE October 3, 2000 in developing countries, and for other pur- The bill (H.R. 1143), as amended, was why some of the delays in confirmation poses. read the third time and passed. of judicial nominees occur. There being no objection, the Senate Mr. GORTON. Mr. President, I sug- The President has very broad discre- proceeded to consider the bill. gest the absence of a quorum. tion, as we know, to nominate whom- AMENDMENT NO. 4287 The PRESIDING OFFICER. The ab- ever he chooses for Federal judicial va- Mr. DEWINE. Mr. President, Senator sence of a quorum has been suggested. cancies. The Senate, in its role, has a HELMS has an amendment at the desk, The clerk will call the roll. constitutional duty to offer its ‘‘advice and I ask for its consideration. The assistant legislative clerk pro- and consent’’ on judicial nominations. The PRESIDING OFFICER. The ceeded to call the roll. Each Senator, of course, has his or her clerk will report. Mr. DEWINE. Mr. President, I ask own criteria for offering this advice The legislative clerk read as follows: unanimous consent that the order for and this consent on these lifetime ap- The Senator from Ohio [Mr. DEWINE], for the quorum call be rescinded. pointments. Mr. HELMS, proposes an amendment num- The PRESIDING OFFICER. Without The Judiciary Committee, though, is bered 4287. objection, it is so ordered. where many of the initial concerns Mr. DEWINE. Mr. President, I ask f about nominees are raised and arise. unanimous consent reading of the Often these concerns arise before a NOMINATIONS amendment be dispensed with. hearing is even scheduled. Judicial The PRESIDING OFFICER. Without Mr. DEWINE. Mr. President, I rise nominees are required to respond to a objection, it is so ordered. this afternoon to talk about comments very lengthy and a very detailed ques- (The text of the amendment is print- that have been made, both on the floor tionnaire from the Judiciary Com- ed in today’s RECORD under ‘‘Amend- and off the floor, with regard to the job mittee. They must submit copies of ments Submitted.’’) that the distinguished Senator from every document they have ever pub- Mr. DEWINE. Mr. President, I am Utah, the chairman of the Judiciary lished, any writing they have ever pub- pleased the Senate is considering the Committee, Mr. HATCH, has been doing lished, and provide copies of every ‘‘Microenterprise for Self-Reliance in regard to judicial nominations. I rise speech they have ever given. If they Act’’—legislation that would ensure today to commend my colleague for the continuation of international have previously served as a judge, they the outstanding work he has done in must provide information regarding microenterprise grant and loan pro- regard to these nominations. grams that are administered worldwide opinions they authored. Make no mistake about it, this is There are various background checks by the U.S. Agency for International tough work. No one who has not had conducted on each nominee. Some- Development (USAID). This is legisla- the opportunity to watch this from a times outside individuals or organiza- tion that I introduced last year, along close point of view, to see it up close tions provide the committee with in- with Senators BINGAMAN, CHAFEE, DUR- and personal, really has any idea what formation about a nominee. Sometimes BIN, KENNEDY, SCHUMER, TORRICELLI, kind of effort Senator HATCH has made that information from outside groups BOXER, COLLINS, FEINSTEIN, MIKULSKI, to make sure nominees who come to comes very early in the process. But and SNOWE. Representatives BEN GIL- this floor have been examined very sometimes, quite candidly, it comes MAN of New York and SAM GEJDENSON closely and very carefully. It is proper; of Connecticut introduced a similar later on. Each time it comes in, the it is correct that this be done. No one measure, which the House approved committee, committee staff, and ulti- can do a better job at this than Sen- last year. mately the chairman must review that I thank the chairman of the Foreign ator ORRIN HATCH. I have watched him, information. day after day, in his examination and All of this information is, of course, Affairs Committee, Senator HELMS, and ranking member of the committee, his staff’s examination and work on available to every member of the Judi- people who have been nominated to the Senator BIDEN, and the committee ciary Committee and must be thor- staff for their cooperation and insist- judicial bench. I must say he does a oughly reviewed before the nominee is ence on this legislation. My staff and I tremendous job. granted a hearing by the committee. If have been working closely with these Senate consideration of judicial questions about a nominee’s back- offices since last fall as well as with nominations is always difficult. It is ground or qualifications arise, further the administration and the Microenter- always contentious. That is just the inquiry may be necessary. The chair- nature of the business. Yet in this Con- prise Coalition. I thank Chairman GIL- man will schedule a hearing for a nomi- gress, under the guidance of Chairman MAN and the House International Rela- nee only after thorough review of a tions Committee staff for their ongoing HATCH, the Senate has confirmed 69 nominee’s preliminary information. At cooperation and support of this initia- Federal judicial nominations—69, for the hearing, a nominee has an oppor- tive. those who offer criticism. Mr. Presi- tunity to respond to any remaining We believe the investment in micro- dent, 35 of these nominees have been concerns about his or her record. But enterprise programs that we are now confirmed earlier this year, and we even after a hearing, sometimes fol- investing will reduce the need for for- have just confirmed 4 more. Yet not lowup questions are necessary to prop- eign assistance in the future. By pass- only has the chairman been criticized erly examine issues regarding the ing the Microenterprise Self-Reliance for nominees who are still pending in nominee’s qualifications. Obviously, Act, the Senate has a chance to ensure the Judiciary Committee, he has even this is a long process, as it should be— the future of these very successful pro- been criticized for nominees who have as it must be. After all, these are life- grams and help provide a sense of hope already been confirmed; that is, nomi- time appointments. These judges will and a future of possibilities for the nees who are now serving, today, this have a tremendous impact on how our poor in developing countries. very day, as Federal judges. Chairman laws are interpreted and enforced. I thank my colleagues for their sup- HATCH has been criticized for not mov- Some nominees, of course, have clear port of this legislation and I look for- ing those nominees fast enough. I records of achievement and superb ward to the continued success of the strongly disagree. I believe the chair- qualifications. These nominees often microenterprise programs. man has done an outstanding job, a move through the committee and to I ask unanimous consent that the fine job. I wanted to come to the floor the Senate floor very quickly. Other substitute amendment be agreed to, this afternoon to say that. nominees have records that are really the bill be read the third time and I would like to talk about the con- not quite so clear. These nominees passed, as amended, the motion to re- firmation process for a moment be- take more time for additional inves- consider be laid upon the table, and cause, again, I think many times peo- tigation and careful consideration. If a any statements relating to the bill be ple really don’t understand what this nominee is nominated late in a Con- printed in the RECORD. process entails—or at least what it en- gress, and that nominee has questions The PRESIDING OFFICER. Without tails when the chairman is doing a raised about his or her background or objection, it is so ordered. good job. I think an explanation of the qualifications, it is more likely that The amendment (No. 4287) was agreed process may help those who are listen- his nomination will not be considered to. ing to the debate today understand by the Senate. October 3, 2000 CONGRESSIONAL RECORD — SENATE S9683 If nominees were only considered in group of advisers bring oncology nurses Medicaid, because the reimbursement the order they were nominated, the and oncologists into the local high cost is not sufficient to cover a digital process would, of course, grind to a schools throughout the State to make mammography, will have to settle for halt. We have heard some comments young women in high school aware of what will prove to be an inferior test. about that. Some people have argued breast health examinations and self-ex- The lives of many women who have yet this is a queuing up process; we just amination because the key to survival to discover they have breast cancer queue up whoever is next in line; they is early detection. may hang in the balance. should go next on the Senate floor. But Breast cancer is now an illness not to Therefore, I look forward to HCFA we know that cannot happen. If nomi- be feared as a death sentence but to be establishing a reasonable price at nees were only considered in the order conquered commonly and routinely. which reimbursement can be made they were nominated, the process This year, National Mammography under Medicare for those women on would grind to a halt as more qualified Day, which I sponsored years ago, will Medicare or Medicaid who seek a nominees would back up behind ques- occur on Friday, October 20. As in pre- breast examination by use of digital tionable nominees. vious years, the Senate has adopted a mammography, the new emerging I believe, if it were not for ORRIN resolution that I introduced affirming science, rather than one that is film HATCH’s efforts, there would have been this designation. based. far fewer judges confirmed during this This year’s National Mammography I thank the Chair. I yield the floor. session of the Congress. But I am also Day will see the beginning of a tremen- I suggest the absence of a quorum. sure that if ORRIN HATCH had not been dous new advance in early detection of The PRESIDING OFFICER. The chairman, other questionable nomina- breast cancer—digital mammography. clerk will call the roll. tions would have been made. Because This new technique offers many advan- The assistant legislative clerk pro- of this man’s integrity, because of this tages over standard film-based mam- ceeded to call the roll. man’s honesty, because of this man’s mography. From the patient’s point of Mr. LOTT. Mr. President, I ask unan- proven track record, and because he view, the usual 40-minute examination imous consent that the order for the takes his job so seriously, I am con- time can be cut in half, and the expo- quorum call be rescinded. vinced that certain nominations this sure to radiation can be reduced in al- The PRESIDING OFFICER. Without White House might have considered most all instances. objection, it is so ordered. making simply were never made and For many women, the mammogram f were never submitted. images with digital technology are I commend Senator HATCH for his ef- considerably more precise. The digital DEPARTMENT OF THE INTERIOR forts in moving the nominees along, technology makes it possible for the AND RELATED AGENCIES APPRO- but also for his efforts in doing a thor- radiologist to manipulate the images PRIATIONS ACT, 2001—CON- ough and complete job. I am very proud and to zoom in on questionable areas, FERENCE REPORT to have ORRIN HATCH as chairman of thus providing more accurate diagnosis Mr. LOTT. Mr. President, I ask unan- this committee. We are very honored in reducing the need for repeat exami- imous consent that the Senate now to have him serve in that capacity. nations. proceed to the conference report to ac- I thank the Chair. I yield the floor The digital technology does away company the Interior appropriations and suggest the absence of a quorum. with the cost and the disposal problems bill, and the conference report be con- The PRESIDING OFFICER (Mr. as well of x-ray film. sidered as having been read. In addition, the retrieval of prior THOMAS). The clerk will call the roll. The PRESIDING OFFICER. The film for comparison with current im- The assistant legislative clerk pro- clerk will report. ages no longer require the time-con- ceeded to call the roll. The assistant legislative clerk read suming manual search through an x- Mr. BIDEN. Mr. President, I ask as follows: unanimous consent that the order for ray room. The committee of conference on the dis- the quorum call be rescinded. Finally, by switching to the digital approach, this new technique allows all agreeing votes of the two Houses on the The PRESIDING OFFICER. Without amendment of the Senate to the bill (H.R. objection, it is so ordered. future advances in digital computer 4578) making appropriations for the Depart- Mr. BIDEN. Mr. President, I ask technology to be applied directly to ment of the Interior and related agencies for unanimous consent that I be able to saving women from breast cancer. the fiscal year ending September 30, 2001, and proceed as in morning business for up It is impossible, in my view, to over- for other purposes, having met, have agreed to 7 minutes to discuss digital mam- state the importance of this digital that the House recede from its disagreement mography. technique’s adaptability to new tech- to the amendment of the Senate, and agree The PRESIDING OFFICER. Without nological advances. Those of us old to the same with an amendment and the enough to remember how the first per- Senate agree to the same, signed by all of objection, it is so ordered. the conferees on the part of both Houses. f sonal computers were a huge advance over the slide rule are also aware of There being no objection, the Senate NATIONAL MAMMOGRAPHY DAY how the incredible subsequent ad- proceeded to consider the conference Mr. BIDEN. Mr. President, we are vances in computer technology meant report. now in the midst of National Breast that those first PCs were now useful (The conference report is printed in Cancer Awareness Month, and the air only as doorstops. I look forward to a the House proceedings of the RECORD of has been filled with new and sometimes similarly rapid advance in the new dig- September 29, 2000.) confusing statistics, new treatment, ital technology as it moves into the Mr. LOTT. Mr. President, I say to new research advances, and ever- field of breast cancer diagnosis. those who are interested, we are going present warnings about the seriousness Digital mammography is a revolu- to the report, but there is no time of this dreaded disease. tionary technology that must be of- agreement to run off. Nobody has given One aspect of this issue that is close fered to seniors and disabled who ob- up their rights in that regard, but we to my heart is National Mammography tain their medical care through Medi- are now going to be able to proceed to Day—a day to increase awareness of care. And it should be done as soon as the conference report, and we will con- how routine periodic mammography possible. I strongly encourage the tinue to work on the issues that are of and early diagnosis of breast cancer are Health Care Financing Administration interest to Senators. responsible for huge increases in the to evaluate this product expeditiously f numbers of long-term survivors of this and to set appropriate payment rates disease. under the Medicare program. MORNING BUSINESS I note parenthetically that my wife What I don’t want to see happen—I Mr. LOTT. Mr. President, I ask unan- started an organization in my State to realize this may seem somewhat pre- imous consent that the Senate now be increase awareness—it is named after mature—is that digital mammography in a period for morning business, with her, not me—called the BIDEN Breast is only available for those who are able Senators permitted to speak for up to Health Initiative, where she and her to pay, while all those on Medicare or 10 minutes each. S9684 CONGRESSIONAL RECORD — SENATE October 3, 2000 In addition, I ask unanimous consent District of Columbia, which includes raise is not going to solve all of that that the next 2 hours be under the con- all the national monuments; as well as, agency’s needs, but it will help recruit trol of Senators ROBERTS and CLELAND. Rock Creek Park, National Parklands and retain personnel. More impor- I will be anxious to hear that presen- in the Capital Region, and 300 miles of tantly, it is the right thing to do. tation. parkways in the District of Columbia, f Mr. REID. Mr. President, I say to the Maryland, and Virginia. INTELLIGENCE AUTHORIZATION leader, we are at a point now where The United States Park Police is a BILL people have spent literally months on tremendous asset, but I am deeply con- the bill. It is good we are here. Senator cerned that due to a lack of adequate SECTION 303 LANDRIEU still has concerns. She wants funding, it is an asset that is losing its Mr. BIDEN. Mr. President, section to make sure everyone understands she edge. Make no mistake, I question not 303 of S. 2507, the Intelligence Author- may want to speak at least 2 hours and the leadership of the Park Police nor ization bill, as amended by the man- do some things with the legislation the brave men and women who serve agers’ amendment, establishes a new generally because of her unhappiness. selflessly as officers and support per- criminal offense for the unauthorized Mr. GORTON. Reserving the right to sonnel in that agency. Chief Langston disclosure of properly classified infor- object, I ask the leader, does this mean and his officers will do yeoman’s work mation. Existing criminal statues gen- we will start the actual debate on the no matter how well or how poorly fund- erally require an intent to benefit a Interior bill later today or will it be to- ed their agency is, they are profes- foreign power or are limited to disclo- morrow? sionals and committed to protecting sures of only some types of classified Mr. LOTT. Mr. President, there is no the public. I am worried that the De- information. Administrative sanctions time agreement, so we will not be run- partment of Interior lacks a commit- have constituted the penalty for most ning off agreed-to time. If Senators ment to providing sufficient funds to other leaks. want to speak on the bill itself, he or the law enforcement operations that While I support the basic objective of she can. Since we do have 2 hours set fall under the authority of the Sec- this provision, we must ensure that it will not be used in a capricious manner aside now for Senator ROBERTS and retary of the Interior. The Park Police or in a manner that harms our demo- Senator CLELAND, which will take us to is now 179 officers below its authorized cratic institutions. 8 o’clock, I presume the decision will strength of 806 officers. Furthermore, I see two respects in which some cau- be that we will begin on the Interior it is an agency that loses approxi- mately 50 officers a year either tion is merited. First, it could be ap- bill first thing in the morning. plied to trivial cases. I believe that Mr. REID. Mr. President, I also say through retirement or lateral trans- fers. It is understandable that it is dif- former Secretary of Defense Caspar to the leader, we will all want to be Weinberger once said that he told ev- getting our slippers on and pajamas ficult for some Park Police Officers to resist the higher pay of other agencies, erything to his wife. If his discussions ready for the big debate tonight. with his wife included classified infor- especially when you consider that over Mr. LOTT. That is what I had in mation, he surely would have violated a 30-year period, a United States Park mind. the letter of this bill. But so-called Mr. REID. By 8 o’clock. Police Officer makes approximately ‘‘pillow talk’’ to one’s spouse is com- Mr. LOTT. Did we get a clearance? $135,429 less than what the average sal- mon, and I don’t think we mean to Are the reservations withdrawn? ary is for officers at other agencies in throw people in jail for incidental talk The PRESIDING OFFICER. Yes. this area. In addition to being short- to a person who has no intent either to Without objection, it is so ordered. handed, equipment, from the officers’ use the classified information, to pass sidearms to the agency’s radio equip- f it on to others, or to publish it. ment is antiquated and in need of re- UNITED STATES PARK POLICE Mr. SHELBY. The Senator from placement. The Park Police needs our Delaware is correct. The Committee Mr. THURMOND. Mr. President, I help. expects that the Justice Department rise today to draw attention to a group It is truly a shame that the Park Po- will use its prosecutorial discretion of federal officers who carry out a vital lice is facing the challenges it is today wisely. In some cases, administrative mission and provide critical services, and we are in a position to do some- remedies are clearly more appropriate. but are largely unknown to people not thing about it. The men and women In each case however—as under all in the law enforcement community. I who serve as Park Police Officers have criminal laws—prosecutors will need to am referring to the men and women of not had a raise since 1990, and we judge whether criminal charges are the United States Park Police. should support legislation that will warranted. An agency within the Department of give them a much needed pay boost. In Mr. BIDEN. My second concern is Interior, the United States Park Police an era when it is harder and harder to that section 303 not be used as a jus- traces its lineage back to 1791 when attract qualified individuals into pub- tification for investigations of journal- then President George Washington es- lic service, let alone a life threatening ists. Our republic depends upon a free tablished a force of ‘‘Park Watchmen’’. profession such as law enforcement, it press to inform the American people of In subsequent years, the authority of is vital we do something to reward significant issues, including issues re- what has become the Park Police has those who already serve, as well as, to lating to foreign policy and the na- been expanded so that today, that de- attract new officers to an agency that tional security. If a leak statute were partment is responsible for providing provides services that keep the Capital to become a back door for bringing the comprehensive police services in the Region safe. investigate apparatus of the federal National Capital Region. Furthermore, It might sound cliche, but the United government to bear on the press, we they have jurisdiction in all National States Park Police is there when they would be sacrificing our democratic in- Park Service Areas, as well as other are needed. They are there when some- stitutions for the sake of protecting a designated Federal/State lands. one suffers an emergency in the waters few secrets. Much as we are dedicated While you will find their officers in around Great Falls, they are on the to the protection of classified informa- New York City and the Golden Gate parkways when someone is in need of tion, that would be a terribly bad bar- National Recreation Area in San Fran- assistance, and they are on the Mall gain. cisco, the bulk of the officers and du- keeping visitors to Washington safe. Mr. SHELBY. I agree with the Sen- ties of the United States Park Police They were there when the tragic shoot- ator from Delaware 100 percent, and I are right here in the National Capital ing took place in this building, and can assure this body that in passing Region. Park Police officers provide a they landed their helicopter on the section 303, no member of the Select multitude of services ranging from pa- plaza outside the Capitol in a valiant Committee on Intelligence intended trol to criminal investigation and from attempt to get a wounded United that it be used as an excuse for inves- counter-terrorism to helping to protect States Capitol Police Officer trans- tigating the press. That is why the the President. They are responsible for ported to a local trauma center as scope of this provision is limited to patrolling and providing police services quickly as possible. Giving the officers persons who disclose, or attempt to dis- in 22% of the geographic area of the of the United States Park Police a close, classified information acquired October 3, 2000 CONGRESSIONAL RECORD — SENATE S9685 as a result of authorized access to such guilty to one count of unlawfully re- permitted to conduct electronic sur- information. Such persons have a duty taining national defense information veillance on Dr. Lee, the Government to protect classified information has no and would be sentenced to time served, would probably not be in the position— right to disclose that particular infor- in exchange for telling what he had as it is now—of trying to ascertain mation to persons not authorized to re- done with the tapes. There remains a what really happened to the informa- ceive it, persons, even if he or she question as to whether Department of tion that Dr. Lee downloaded. There should later become a journalist. By Justice officials tried to make up for should be no doubt that transferring the same token, however, the statute is their blunders in this case by throwing classified information to an unclassi- not intended to lead to investigation or the book at Dr. Lee. The Judiciary fied computer system and making un- prosecution of journalists who pre- Subcommittee on Department of Jus- authorized tape copies of that informa- viously had authorized access to classi- tice Oversight will continue to hold tion—seven of which contain highly fied information and later, in their ca- hearings on this matter, but it has classified information and remain un- pacity as journalist, receive leaked in- been clear from the beginning that the accounted for—created a substantial formation. Department of Justice bungled the in- opportunity for foreign intelligence f vestigation of Dr. Lee. services to access our most important The critical turning point in this nuclear secrets. THE COUNTERINTELLIGENCE case came on August 12, 1997, when the The FISA warrant could have and REFORM ACT OF 2000 Department of Justice’s Office of Intel- should have been issued at several Mr. SPECTER. Mr. President, I have ligence Policy and Review (OIPR) points, some before and some after it sought recognition to discuss legisla- turned down an FBI application for an was rejected in 1997. Each key event tion arising from the investigation by electronic surveillance warrant under where the FISA warrant was not re- the Senate Judiciary Subcommittee on the Foreign Intelligence Surveillance quested and issued represents another Administrative Oversight and the Act, or FISA. OIPR believed that the lost opportunity to protect the na- Courts, which has been conducting application was deficient because it did tional security. For example, Dr. Lee oversight on the way the Department not show sufficient probable cause, and was identified by the Department of of Justice and the Federal Bureau of therefore decided not to let the appli- Energy’s Network Anomaly Detection Investigation have responded to allega- cation go forward to the special FISA and Intrusion Recording system tions of espionage in the Department of court. (NADIR) in 1993 for having downloaded Defense and the Department of Energy. In making this determination, the a huge volume of files. This bipartisan proposal will improve DoJ made several key errors. The De- As the name of the system implies, it the counterintelligence procedures partment of Justice used an unreason- is designed to detect unusual computer used to detect and defeat efforts by for- ably high standard for determining activity and look out for possible in- eign governments to gain unlawful ac- probable cause, a standard that is in- truders into the computer. Individuals cess to our top national security infor- consistent with Supreme Court rulings who monitored the lab’s computers mation by improving the way that alle- on this issue. For example, one of the knew that Dr. Lee’s activities had gen- gations of espionage are investigated concerns raised by OIPR attorney erated a report from the NADIR sys- and, where appropriate, prosecuted. Allan Kornblum was that the FBI had tem, but didn’t do anything about it. Together with Senators TORRICELLI, not shown that the Lees were the ones They didn’t even talk to him. An op- GRASSLEY, THURMOND, SESSIONS, SCHU- who passed the W–88 information to the portunity to correct a problem, to pro- MER, FEINGOLD, BIDEN, HELMS and PRC, to the exclusion of all the other tect national security, just slipped LEAHY, I introduced the Counterintel- possible suspects identified by the DoE away. ligence Reform Act on February 24 of Administrative Inquiry. That is the In 1994, Lee’s massive downloading this year. The Judiciary Committee standard for establishing guilt at a would have again showed up on NADIR, unanimously reported the bill on May trial, not for establishing probable but DoE security people never took ac- 18, and it was referred to the Senate cause to issue a search warrant. tion. Now, we’re told, they can’t even Select Committee on Intelligence DoJ was also wrong when Mr. find records of what happened. Yet an- which also deals with espionage mat- Kornblum concluded that there was other missed opportunity to protect ters. not enough to show that the Lees were the national security by looking into The Senate Intelligence Committee ‘‘presently engaged in clandestine in- what was going on. unanimously reported the bill on July telligence activities.’’ The information When Wen Ho Lee took a polygraph 20, and has included the measure as an provided by the FBI made it clear that in December 1998, DoE misrepresented amendment to the Intelligence Author- Dr. Lee’s relevant activities continued the results of this test to the FBI. DoE ization bill which passed the Senate from the 1980s to 1992, 1994 and 1997, yet told the FBI that Dr. Lee passed this today. that was deemed to be too stale, and polygraph when, in fact, he had failed. Few tasks are more important than the DoJ refused to send the FBI’s sur- This error sent the FBI off the trail for protecting our national security, so veillance request to the FISA court. two months. building and maintaining bipartisan When FBI Assistant Director John When Wen Ho Lee failed a polygraph support for this legislation to correct Lewis raised the FISA problem with on February 10, 1999, the FISA warrant the problems we identified during the the Attorney General on August 20, should have been immediately re- course of our oversight was my top pri- 1997, she delegated a review of the mat- quested and granted. It wasn’t. ority. The reforms contained in this ter to Mr. Dan Seikaly, who had vir- The need for legislation to address legislation will ensure that the prob- tually no experience in FISA issues. It these problems is obvious. The unclas- lems we found are fixed, and that the is not surprising then, that Mr. Seikaly sified information on this case shows national security is better protected in again applied the wrong standard for clearly that it was mishandled. The the future. probable cause. He used the criminal classified files make that point even To understand why this legislation is standard, which requires that the facil- more clear. Last year the Attorney necessary, I would like to review two of ity in question be used in the commis- General asked an Assistant U.S. Attor- the cases that the subcommittee sion of an offense, and with which he ney with substantial experience in looked at—the Wen Ho Lee case and was more familiar, rather than the rel- prosecuting espionage cases to review the Peter Lee case. Former Los Alamos evant FISA standard which simply re- the Wen Ho Lee matter. That pros- scientist Dr. Wen Ho Lee was arrested quires that the facility ‘‘is being used, ecutor, Mr. Randy Bellows, conducted on December 10, 1999, and charged with or is about to be used, by a foreign a thorough review of the case and con- 59 counts of violating the Atomic En- power or an agent of a foreign power.’’ firmed all of our major findings: the ergy Act of 1954 and unlawful gathering The importance of DoJ’s erroneous case was badly mishandled, the FISA and retention of national defense infor- interpretation of the law as it applied request should have gone forward to mation. In a stunning reversal on Sep- to probable cause in this case should the court. The list goes on. Our tember 13, the government accepted a not be underestimated. Had the war- counter-intelligence system failed in deal in which Dr. Lee would plead rant been issued, and had the FBI been this case, and the information at risk S9686 CONGRESSIONAL RECORD — SENATE October 3, 2000 is too important to let this dismal ligence Reform Act requires that deci- seriously undermined the Department state of affairs continue. sions of this nature be communicated of Justice’s efforts to prosecute the The Counterintelligence Reform Act in writing. The bill requires the Direc- case. This memorandum was based on of 2000 will help to ensure that future tor of the FBI to submit to the head of incomplete information and did not re- investigations are conducted in a more the department or agency concerned a flect the full scope of what Dr. Peter thorough and effective manner. Among written assessment of the potential im- Lee confessed to having revealed. As a the key provisions in this legislation is pact of the actions of the department consequence of the breakdown of com- one that amends the Foreign Intel- or agency on a counterintelligence in- munications between the Navy and the ligence Surveillance Act, FISA, by re- vestigation. The head of the affected prosecution team, the 1997 revelations quiring that, upon the request of the agency will be required to respond in were not included as part of the plea Director of the FBI, the Secretary of writing to the recommendation of the agreement. State, the Secretary of Defense or the FBI. This requirement with ensure This legislation contains a provision Director of Central Intelligence, the that what happened in the Wen Ho Lee that will ensure better coordination in Attorney General shall personally re- case—where the FBI said he could be espionage cases by requiring the De- view a FISA application. If the Attor- removed from access but the Energy partment of Justice to conduct brief- ney General decides not to forward the Department didn’t pull his clearance ings so that the affected agency will application to the FISA court, that de- for another 14 months—won’t happen understand what is happening with the cision must be communicated in writ- again. case, and will understand how the Clas- ing to the requesting official, with rec- To avoid the kind of problems that sified Information Procedures Act, or ommendations for improving the show- happened when the DoE ordered a CIPA, can be used to protect classified ing of probable cause, or whatever de- Wackenhut polygraph in December information even while carrying out a fect OIPR is concerned with. 1998, this legislation prohibits agencies prosecution. In these briefings Depart- Under this legislation, when a senior from interfering in FBI espionage in- ment of Justice lawyers will be re- official who is authorized to make vestigations. quired to explain the right of the gov- FISA requests goes to the Attorney The provisions of this bill will make ernment to make in camera presen- General for a personal review, that sen- an important contribution to improv- tations to the judge and to make inter- ior official must personally supervise ing the way counter-intelligence inves- locutory appeals of the judge’s rulings. the implementation of the rec- tigations are conducted. The sub- These procedures are unique to CIPA, ommendations. This provision will en- committee’s investigation of the Wen and the affected agency needs to under- sure that when the national security is Ho Lee case has made it abundantly stand that taking the case to trial at stake, and where there is a serious clear that improvements in these pro- won’t necessarily mean revealing clas- disagreement over how to proceed, the cedures are necessary, and the reforms sified information. The Navy’s posi- Attorney General and other senior offi- outlined in this legislation are specifi- tion, as stated in the Schuster memo, cials are the ones who work together to cally tailored to provide real solutions that ‘‘bringing attention to our sensi- resolve disputes, and that the matter is to real problems. tivity concerning this subject in a pub- not delegated to attorneys who have The subcommittee also looked at the lic forum could cause more damage to never worked with FISA before. espionage case of Dr. Peter Lee, who the national security that the original The Counterintelligence Reform Act pleaded guilty in 1997 to passing classi- disclosure,’’ was simply wrong. It was also addresses the matter of whether fied nuclear secrets to the Chinese in based on incomplete information and a an individual is ‘‘presently engaged’’ in 1985. According to a 17 February 1998 misunderstanding of how the case a particular activity to ensure that ‘‘Impact Statement’’ prepared by ex- could have been taken to trial without genuine acts of espionage which are be- perts from the Department of Energy, endangering national security. The latedly discovered are not improperly The ICF data provided by Dr. [Peter] Lee provisions of this legislation which re- eliminated from consideration. As was of significant material assistance to the quire the Department of Justice to FISA is currently worded, it is possible PRC in their nuclear weapons development keep the victim agency fully and cur- for someone like Mr. Kornblum to con- program. . . . For that reason, this analysis rently informed of the status of the clude that actions as recent as a couple indicates that Dr. Lee’s activities have di- prosecution, and to explain how CIPA of years ago or even a few months are rectly enhanced the PRC nuclear weapons can be used to take espionage cases to too stale to contribute to a finding of program to the detriment of U.S. national trial without damaging the national probable cause. Although I do not security. security, will ensure that the mistakes agree with Mr. Kornblum’s interpreta- Dr. Peter Lee also confessed to giving of the Peter Lee case are not repeated. tion of the law, I am confident that the the Chinese classified anti-submarine I appreciate the efforts of my col- changes contained in the Counterintel- warfare information on two occasions leagues on the Judiciary Committee ligence Reform Act will make it clear in 1997. Under the terms of the plea and the Senate Select Committee on that activities within a reasonable pe- agreement the Department of Justice Intelligence who have worked with me riod of time can be considered in deter- offered to Peter Lee, however, he got and the cosponsors of this bill. I am mining probable cause. no jail time. He served one year in a confident that the reforms we are The investigation of Dr. Lee was also half-way house, did 3,000 hours of com- about to pass will significantly im- mishandled in the field, where the FBI munity service and paid a $20,000 fine. prove the way espionage cases are in- and the Department of Energy often Considering the magnitude of his of- vestigated and, if necessary, pros- failed to communicate. For example, fenses and his failure to comply with ecuted. after OIPR rejected the FBI’s 1997 the terms of the plea agreement— I yield the floor. FISA application, the FBI told the De- which required his complete coopera- SECTION 305 partment of Energy that there was no tion—the interests of the United States Mr. BIDEN. Section 305 of S. 32507, longer an investigative reason to leave were not served by this outcome. the Intelligence Authorization bill, Dr. Lee in place, and that the DoE The subcommittee’s review of the provides, in brief, that no future ‘‘Fed- should do whatever was necessary to Peter Lee case led to the inevitable eral law . . . that implements a treaty protect the national security. Unfortu- conclusion that better coordination be- or other international agreement shall nately, no action was taken by DoE tween the Department of Justice, the be construed as making unlawful an until December 1998, some 14 months investigating agency—which is nor- otherwise lawful and authorized intel- after the FBI had said it was no longer mally the FBI—and the victim agency ligence activity of the United States necessary to have him in place for in- is necessary to ensure that the process Government . . . unless such Federal vestigative reasons. works to protect the national security. law specifically addresses such intel- To address this problem, and to en- One of the problems we saw in this case ligence activity.’’ This provision is sure that there is no misunderstanding was the reluctance of the Department necessary, the Committee report ex- about when the subject of an espionage of the Navy to support the prosecution plains, because ‘‘[t]here has been a con- investigation should be removed from of Dr. Peter Lee. A Navy official, Mr. cern that future legislation imple- classified access, the Counterintel- John Schuster, produced a memo that menting international agreements October 3, 2000 CONGRESSIONAL RECORD — SENATE S9687 could be interpreted, absent the enact- however, then we may safely infer that Mr. BIDEN. My final question to the ment of section 305, as restricting in- section 305 does not apply. Is that the chairman of the Select Committee on telligence activities that are otherwise understanding of the Select Committee Intelligence relates to how other coun- entirely consistent with U.S. law and on Intelligence, as well? tries may view section 305. I interpret policy.’’ The concern arises from an Mr. SHELBY. That is certainly our section 305 as governing only the inter- opinion issued in 1994 by the Office of intent. If a future law is to qualify pretation of a certain set of U.S. crimi- Legal Council (OLC) of the Department under section 305 of this bill, we would nal laws enacted in the future and of Justice. In that opinion, the Office expect its status as implementing leg- whether those laws apply to govern- interpreted the Aircraft Sabotage Act islation to be stated in the law, or ment officials. Is that also the under- of 1984—a law implementing an inter- some other contemporaneous legisla- standing of the chairman of the Select national treaty on civil aviation safe- tive history. Committee on Intelligence? ty—as applying to government per- Mr. BIDEN. another question is how Mr. SHELBY. Yes, it is. Section 305 sonnel. Although the OLC opinion em- to tell that a U.S. intelligence activity deals solely with the application of ‘‘is authorized by an appropriate offi- phasized that its conclusions should U.S. law to U.S. Intelligence activities. cial of the United States Government, ‘‘not be exaggerated’’ and also warned It does not address the question of the acting within the scope of the official that its opinion ‘‘should not be under- lawfulness of such activities under the duties of that official and in compli- stood to mean that other domestic laws of foreign countries, and it is in ance with Federal law and any applica- criminal statutes apply to U[nited no respect meant to suggest that a per- S[tates] G[overnment] personnel acting ble Presidential directive.’’ I am con- cerned that this could be misinter- son violating the laws of the United officially,’’ the Central Intelligence States may claim the purported au- Agency, out of an abundance of cau- preted to mean that some intelligence bureaucrat could authorize some other- thorization of a foreign government to tion, wants to avoid cases in which leg- wise illegal activity with a wink and a carry out those activities as justifica- islation implementing a treaty might nod. It is not the intent of the Select tion or as a defense in a prosecution for criminalize an authorized intelligence Committee on Intelligence that there violation of U.S. laws. activity even though Congress did not be written authorization for a U.S. in- Mr. BIDEN. I thank the distinguished so expressly provide. I understand the telligence activity? chairman. Agency’s concern that clarity for its Mr. SHELBY. I understand the con- agents is important. At the same time, cerns of the Senator from Delaware. f however, we should take care to specify We expect that in almost all cases in- how section 305 is intended to work. telligence operations exempted from One question is this: how do we tell SUBMITTING CHANGES TO THE future treaty-implementing legislation BUDGETARY AGGREGATES AND when a Federal law actually ‘‘imple- will have been authorized in writing. I ments a treaty or other international APPROPRIATIONS COMMITTEE would note however, that many indi- ALLOCATION agreement?’’ My working assumption, vidual actions might be authorized in supporting section 305, is that we through general written policies, rath- Mr. DOMENICI. Mr. President, sec- will be able to tell whether a future er than case-specific authorizations. tion 314 of the Congressional Budget law ‘‘implements a treaty or other Neither would I rule oral authoriza- Act, as amended, requires the Chair- international agreement’’ by reading tion in exigent circumstances. The man of the Senate Budget Committee the law and the committee reports that Committee believes that intelligence to adjust the appropriate budgetary ag- accompany its passage. If the text of agencies would be well advised to make gregates and the allocation for the Ap- that future law or of the committee re- written records of such authorizations, propriations Committee to reflect ports accompanying that bill states so as to guard against lax management amounts provided for emergency re- that the statute is intended to imple- or later assertions that unrecorded au- quirements. ment a treaty or other international thorization was given for a person’s I hereby submit revisions to the 2001 agreement, then section 305 is perti- otherwise unlawful actions. Such writ- Senate Appropriations Committee allo- nent to that statute. If there is no ten records will also protect the gov- cations, pursuant to section 302 of the mention of such intent in that future ernment employees from allegations Congressional Budget Act, in the fol- law or in its accompanying reports, that their actions were not authorized. lowing amounts:

Budget authority Outlays

Current Allocation: General purpose discretionary ...... $600,351,000,000 $592,809,000,000 Highways ...... 26,920,000,000 Mass transit ...... 4,639,000,000 Mandatory ...... 327,787,000,000 310,215,000,000 Total ...... 928,138,000,000 934,583,000,000 Adjustments: General purpose discretionary ...... +1,956,000,000 +905,000,000 Highways ...... Mass transit ...... Mandatory ...... Total ...... +1,956,000,000 +905,000,000 Revised Allocation: General purpose discretionary ...... 602,307,000,000 593,714,000,000 Highways ...... 26,920,000,000 Mass transit ...... 4,639,000,000 Mandatory ...... 327,787,000,000 310,215,000,000 Total ...... 930,094,000,000 935,488,000,000

I hereby submit revisions to the 2001 budget aggregates, pursuant to section 311 of the Congressional Budget Act, in the following amounts:

Budget authority Outlays Surplus

Current Allocation: Budget Resolution ...... $1,526,456,000,000 $1,491,530,000,000 $11,670,000,000 Adjustments: Emergencies ...... +1,956,000,000 +905,000,000 ¥905,000,000 Revised Allocation: Budget Resolution ...... 1,528,412,000,000 1,492,435,000,000 10,765,000,000

THE ELECTION OF VINCENTE FOX tional Action Party, to be their Presi- guration of Mr. Fox later this year will dent. This election represents a dra- end 71 years of PRI control of the Mexi- Mr. LEAHY. Mr. President, on July 2, matic change and a historic affirma- can Presidency. 2000, the people of Mexico elected Vincente Fox, candidate of the Na- tion of democracy in Mexico. The inau- S9688 CONGRESSIONAL RECORD — SENATE October 3, 2000 I want to join other Members of con- ficking and official corruption in Mex- Memorial a reality. More time is nec- gress in expressing my congratulations ico. essary, however, to complete the work to Mr. Fox and the people of Mexico. I Illegal immigration continues to be a that is left to ensure that our Air also want to commend President major concern for both countries. Al- Force heroes are properly recognized. Zedillo, whose leadership helped to en- though we must be sure that our immi- Despite decades of unflagging com- sure the freest and fairest election in gration laws are effectively and fairly mitment to America’s national secu- Mexico’s history. enforced, a long-term solution can only rity, the U.S. Air Force is the only Mr. Fox’s election has significance be achieved by improving the quality branch of the armed services without a far beyond Mexico’s borders. It rep- of life in Mexico where half the popu- memorial in the Nation’s Capitol The resents an historic opportunity for our lation—some 50 million people—strug- time has come to establish a site where two countries to redefine, broaden and gles to survive on $2 per day. the American people can honor their strengthen our relationship. With thousands of United States and aviation heroes. Building the memorial It is a relationship that has been bur- Mexican citizens traveling back and will accomplish this by recognizing dened by history, and plagued by dis- forth across the border every day, the yesterday’s aviation pioneers, serving trust, arrogance, and misunder- spread of HIV/AIDS, TB and other in- as a tribute to those serving their standing. There have been times when fectious diseases is inevitable. These country today, inspiring future genera- it seemed that on issues of hemispheric health problems, and shared environ- tions to proudly serve in the Air Force or international importance Mexico mental problems, can only be effec- in the future, and by preserving the embraced whatever position was the tively addressed if we work together. airpower lessons of the 20th century. opposite of the United States position, Human rights is another issue of im- American policymakers have long simply because we are the United portance to the Mexican people, and to understood the importance of estab- States. At other times, our country has Americans. These are universal rights, lishing air superiority during military treated Mexico like a second-class and it is very disturbing to read re- crises. Time and again, the United cousin once or twice removed. ports by the State Department and re- States Air Force has answered the call Problems that can only be solved spected human rights organizations of of duty and performed with distinction. through cooperation have too often widespread torture by Mexican police. Mr. President, we owe these brave men been addressed with fences and sanc- It is also unacceptable that American and women the honor of their own me- tions, and self-serving assertions of citizens, including priests, some of morial, and I urge my colleagues to sovereignty. It is time for a new ap- whom have lived and worked in Mexico support extension of this enabling leg- proach. There is far too much at stake for decades, have been summarily de- islation. for us to continue down the road of ported for as little as being present at f missed opportunities. a demonstration against excessive Mexico is our neighbor, our friend, force by the Mexican Army. Even when VICTIMS OF GUN VIOLENCE and our strategic partner. We share a the Inter-American Human Rights Mr. DURBIN. Mr. President, it has 2,000-mile border. We have strong eco- Commission rejected the Mexican Gov- been more than a year since the Col- nomic ties, with a two-way annual ernment’s arguments in these cases, umbine tragedy, but still this Repub- trade of $174 billion. We have a com- the Mexican Government has refused lican Congress refuses to act on sen- mon interest in combating to change its policy. sible gun legislation. transnational problems, and we have On August 24, 2000, President-elect Since Columbine, thousands of Amer- strong cultural bonds, as more than 20 Fox came to the United States, where icans have been killed by gunfire. Until million people of Mexico descent now he met with President Clinton and Vice we act, Democrats in the Senate will live in the United States. President GORE. During those meet- read the names of some of those who At present, there are several issues ings, Mr. Fox expressed a strong com- have lost their lives to gun violence in between the two countries that deserve mitment to democracy, economic de- the past year, and we will continue to immediate attention: velopment, and human rights, and to do so every day that the Senate is in After more than 6 years, the situa- cooperate with the United States to session. tion in Chipas remains unresolved. combat corruption, illicit drug traf- In the name of those who died, we Many innocent lives have been lost and ficking, and other transnational will continue this fight. Following are thousands of people are displaced and threats. the names of some of the people who living in squalor. Tens of thousands of This bodes well for our future rela- were killed by gunfire one year ago Mexican troops have surrounded the tionship. I hope that we would soon in- today. area, which could explode in renewed vite President-elect Fox to address a October 3, 1999: violence at any time. There is an ur- joint session of Congress. This should Jonos Baptiste, 21, Miami-Dade gent need to demilitarize the area and happen as soon as possible after the County, FL; Stephen Barnett, 39, Balti- embark on an enlightened, sustained, 107th convenes in January. Congress more, MD; Brandon Brewer, 26, Nash- good faith process to address the un- has had a major role in shaping United ville, TN; Frederick Darrington, 30, derlying social, economic, and political States policy toward Mexico, and we Kansas City, MO; Ernesto Galvan, 33, issues and resolve this conflict peace- would all benefit from hearing directly Dallas, TX; Charles Hart, 45, Detroit, fully. from Mr. Fox. It would also give him MI; Lloyd Hilton, 24, Gary, IN; Herman Since the implementation of NAFTA, an opportunity to outline in more de- M. Logan, 26, Chicago, IL; Pablo A. trade between our countries has dou- tail his proposals to address key issues Martinez, 20, Oklahoma City, OK; Mel- bled. While NAFTA has been beneficial that affect our relations. vin B. McPhail, 51, Madison, WI; Ar- for both nations, reports of violations Like many Americans I was very en- thur Michael, 50, San Antonio, TX; Joe of labor and environmental laws must couraged by Vincente Fox’s election, Moore, 29, Fort Wayne, IN; Ryan Pear- be more effectively addressed and out- and am confident that he will be a son, 22, Kansas City, MO; Michael J. standing trade disputes must be re- strong partner of the United States. I Plancia, 18, Salt Lake City, UT; Miquel solved. look forward to making the most of Rivas, 21, Houston, TX; William M. The Mexican Government has made this opportunity to strengthen the Smith, 52, Memphis, TN; Brandon A. progress in combating illegal narcotics United States-Mexico relationship. Wakefield, 20, Longview, WA; Porsche trafficking by undertaking a number of f Williams, 15, Miami-Dade County, FL; measures, including firing more than and unidentified male, 62, San Jose, 1400 federal police officers for corrup- AIR FORCE MEMORIAL CA. tion, cooperating with the FBI last Mr. DOMENICI. Mr. President, I rise One of the victims of gun violence I year on an investigation that occurred today in support of extending enabling mentioned, 15-year-old Porsche Wil- on Mexican soil, and increasing sei- legislation for the proposed Air Force liams of Miami-Dade County, Florida, zures of illegal narcotics. However, Memorial. Much has already been ac- was a young mother. In addition to major problems remain and far more complished by the Air Force Memorial caring for her own three-year-old child, needs to be done to reduce narco-traf- Foundation in its effort to make the Porsche cared for her younger brothers October 3, 2000 CONGRESSIONAL RECORD — SENATE S9689 and sisters after her mother died of public interest obligation. By choosing workload, I hope we can take a few cancer. Porsche’s life ended tragically not to air the debates, these other net- minutes to find a way to pass the Older when her ex-boyfriend shot and killed works have undermined the integrity Americans Act Amendments this year, her one year ago today. The 21-year-old of the political process and our democ- on behalf of all of our older loved ones. gunman later shot and killed himself racy, and engaged in a disrespect of the f We cannot sit back and allow such American electorate. MEMPHIS POLICE DEPARTMENT senseless gun violence to continue. The The political process should be cov- AND AMERICA’S LAW ENFORCE- deaths of these people are a reminder ered. The American people deserve MENT OFFICIALS to all of us that we need to enact sen- such coverage. The grant of free spec- sible gun legislation now. trum worth billions of dollars to broad- Mr. FRIST. Mr. President, two years f casters comes with a public interest ago this revered but relatively insu- obligation that requires them to in- lated complex we affectionately call NETWORKS FAILURE TO CARRY form the public of issues of vital im- Capitol Hill was rocked by a lone gun- PRESIDENTIAL DEBATES portance—not simply to do what is fi- man who shot his way through two se- Mr. HOLLINGS. Mr. President, I rise nancially expedient. curity checkpoints and, in a rampage, today to express my displeasure and f not only terrorized tourists and staff disappointment that two of the four but took the lives of two dedicated U.S. major broadcast networks—NBC and OLDER AMERICANS ACT Capitol Police officers who died defend- Fox, have decided not to broadcast na- AMENDMENTS ing them and the institution in which tionally, the presidential debate sched- Mr. BIDEN. Mr. President, I am we all serve. uled tonight between the Democratic pleased to be a cosponsor for the Older As a trauma surgeon, I am used to and Republican candidates for Presi- Americans Act Amendments of 1999, blood and death, but it is one thing to dent. which would authorize and expand the treat the result of violence in a hos- This election is likely to be among programs first set up under the Older pital; quite another to walk straight the closest national races in the last Americans Act of 1965. into its midst in a place you’d never twenty years. In exchange for the use The Older Americans Act authorizes expect. That day brought home not of spectrum without the imposition of a series of absolutely essential services only at what great risk these dedicated a fee, broadcasters have to fulfill their for our country’s seniors. Among oth- police officers serve, but also how public interest obligation. I do not be- ers, the Act provides nutrition serv- much we take their service—and their lieve it is too much to presume that ices, legal assistance, disease pro- courage—for granted. showing vital news information such as motion, elder abuse prevention, em- But the U.S. Capitol Police are not a presidential debate is encompassed in ployment assistance, and numerous in- the only ones who deserve our respect a broadcaster’s public interest obliga- formational programs, including the and support. Every officer, in every tion. long-term care ombudsmen. There is city and town across America, who Instead of showing the debate, NBC is hardly a senior in this country that is walks a beat, patrols a street, inter- showing a divisional wildcard playoff not touched, directly or indirectly, by cepts a drug push, responds to the call baseball game, although they are ap- one or more of the provisions of the of an angry neighbor or spouse, or even parently permitting their affiliates to Older Americans Act. These programs pulls over a speeding motorist, runs broadcast the debate, if they so choose. have become an integral part of the in- the same risk of death or serious injury Even more appalling, Fox is showing frastructure that helps keep our most from spontaneous violence that Offi- its new science fiction series produced experienced citizens vital and con- cers Chestnut and Gibson faced that by its own studio—Dark Angel—which structive members of society. day. Each of those officers deserve our I understand is particularly violent. I am particularly pleased that this thanks and admiration, but most of all, On Sunday, the Washington Post ran bill includes a much-needed new serv- they deserve our support. a story entitled—‘‘Even Hits can Miss ice, the National Family Caregivers That is why I have consistently in TV’s New Economy.’’ That article Program. The major medical advances fought for more Federal block grant outlined the enormous incentives the of the past 50 years have led not only funds for local police departments, as Networks have to air programs in to an overall aging of the population well as the flexibility to use those which they possess a vested financial but also to an increasing proportion of funds wherever they’re needed most— interest. I quote— the elderly who are living with chronic not just to hire more police officers, Just as a supermarket might reserve its diseases and disabilities. Many of these but to purchase the equipment or best shelf space for its house brands, the net- infirm elderly are cared for at home, training they need to protect not only works have begun to favor their in house putting a severe financial and emo- the lives of our citizens—which they programs over shows created by others, tional strain on family caregivers. This are more than willing to do—but their which are often less profitable in the long new program will provide such care- own lives as well. term. givers with a panoply of assistive serv- Three weeks ago, I had the honor of There it is Mr. President. Money ices, including provision of informa- meeting with the Board of the Mem- trumps the political process once tion, assistance with access, counseling phis Police Association in Memphis, again. Fox has likely spent millions of and training, respite care, and other Tennessee—a hard-working group of dollars to develop and promote its new supplemental services (home care, per- law enforcement officials who rep- series, and NBC likely spent a signifi- sonal care, adult day care). resent the 1,800 police men and women cant amount of money to acquire the It is absolutely essential to assist who respond to over 800,000 calls annu- rights to broadcast a baseball playoff caregivers as much as possible in order ally, protecting lives and property in game. But Mr. President, when net- to allow our infirm seniors to maintain Tennessee’s largest city. works choose their own programming their autonomy and sense of self- As always, they offered many con- or sports programming over an event worth, to permit them to live in the structive suggestions about how Con- as significant as tonight’s debate, they company of their loved ones and in the gress might address a variety of law fail to meet their public interest obli- least restrictive environment compat- enforcement issues, including the gation. Having to reschedule a baseball ible with their needs. This is what our issues of recruitment and quality of game or the debut of a new series cre- seniors fervently desire and it is the life. As the people who man the front ated by their studios does not justify right thing to do; the likelihood that lines in the war against crime and see NBC or Fox precluding the public from such programs will save the govern- first-hand the challenge that faces all having access to the presidential de- ment money in the long run is an of us, their perspective is invaluable, bates. I understand that one network, added bonus. and I hope to translate some of their ABC, decided to postpone the debut of There is little time left in this ses- ideas into legislation for the Senate’s one of its new shows ‘‘Gideon’s Cross- sion of Congress, and there are many consideration next year. ing’’ by one night so as to air tonight’s things that must be finished before ad- One of the advantages of being a U.S. debate. That is called honoring your journment. Yet as we struggle with our Senator is the opportunity to undergo S9690 CONGRESSIONAL RECORD — SENATE October 3, 2000 extraordinary experiences one would utilize existing and emerging informa- tem that can overlay information not otherwise never have. Getting to spend tion technology more effectively to only on water levels and rates but also time with the men and women who provide key decision makers with in- the surrounding infrastructure of lev- have made law enforcement their life’s formation critical for reducing loss ies and roads, which affect the flow of work—the officers, the sheriffs, and from natural disasters. As a result of water. others—is one such extraordinary expe- GDIN, the availability of critical dis- A positive example of data integra- rience, and it always humbles me to aster response, recovery, mitigation tion was in the 1996 fire in Mendocino, witness their courage and dedication and preparedness information is now California, in which data from the up close. They work long hours away greater than ever before. Landsat Thematic Mapper, Digital Ele- from their families, often at great per- Domestic disasters are estimated to vation Models, infrared scanners, infor- sonal risk, and endure low salaries and cost an average of $54.3 billion, causing mation from National Technical years of stress at work and at home to 510 deaths per year. International dis- Means, and field reports were used to make our lives safer and easier. And I, asters kill more than 133,000 people and assess fire damage, as well as the po- for one, wish to acknowledge the men cost more than $440 billion in property tential for erosion and new growth. Ad- and women of the Memphis Police De- damage. The added costs of widespread ditional information on rangeland, partment, and all law enforcement per- human suffering and political insta- wildlife habitats, and recreational sonnel in Tennessee and across Amer- bility are incalculable. needs were included to build a com- ica, for the selfless work they do. The current capabilities of GDIN are prehensive plan for re-vegetation re- We who work every day in this sym- impressive, but future capabilities and sulting in a plan by the U.S. Forest bol of democracy are fortunate, be- possibilities hold even greater promise. Service, which is estimated to have cause we get to know the men and GDIN’s development exemplifies the saved $250 million by more efficient women of the U.S. Capitol Police on a best international collaborative efforts planting. between government and industry and personal basis. We greet them every These are isolated examples. The pro- illustrates the innovation possible only day, we witness their dedication to gram, both nationally and internation- in this great technological age. Sur- duty, they inquire after us and our ally, is still in its infancy. The infor- prisingly, GDIN has received scant at- families, they become our friends. mation is there but the way to access tention by the American public or the Long after Officers Gibson and Chest- it is still a work in progress. Unfortu- media. nut were laid to rest, we remember nately, on the domestic front there has still their warmth and their many Prior to GDIN, there was no common approach to accessing a single source been a lack of support in some circles kindnesses, their lives and their heroic for this program. Such lack of support sacrifice. Unfortunately, other officers for the broad range of information needed for natural disaster reduction is deplorable. The need to find more ef- with just as much courage and dedica- fective ways to respond to disasters in tion to duty are not known by the peo- or aids to help integrate information from many diverse sources. Relevant the United States must be above par- ple they protect. But that does not tisan politics. mean they should be appreciated any information was difficult to locate or less. use effectively. Disaster managers We live in truly amazing times. And it is not just the people of their worldwide were consistently frustrated Rapid improvements in communica- communities who should appreciate by poor telecommunications and inad- tions, the Internet, space imagery, re- them. As the representatives of those equate infrastructure. mote sensing, global positioning tech- people in Washington, we also must In February 1997, Vice President nologies, and early warning forecasting recognize America’s police men and GORE wrote to key Federal depart- hold promise to continue to revolu- women for what they are—American ments and agencies requesting a feasi- tionize disaster management and heros—and do whatever we can to sup- bility study for establishing a global therefore save lives and reduce human port their efforts on our behalf. disaster information network, through suffering in very significant ways. f the integration of the Internet and other emerging technologies, to im- f GLOBAL DISASTER INFORMATION prove preparedness and responsiveness NETWORK to natural or environmental disasters. ORGANIZED LABOR AND PNTR— Mr. AKAKA. Mr. President, I rise to A Federal task force was formed to ex- NOT A MONOLITHIC APPROACH commend employees of the many Fed- plore public/private partnerships to eral departments and agencies respon- make the concept a reality. In April Mr. ABRAHAM. Mr. President, a sible for the impressive preliminary 2000, President Clinton issued Execu- week ago I met with a national work- work on establishing a Global Disaster tive Order 13151, formally creating force coalition of unions that came out Information Network, GDIN. GDIN and setting operational objec- in support of establishing Permanent As a member of the Governmental tives. Normal Trading Relations with China. Affairs Committee, which authorizes A key objective of GDIN is to pro- I had encountered some of the labor the Federal Emergency Management mote the United States as an example leaders who belong to this coalition on Agency, FEMA, I take a keen interest and leader in the development and dis- several other occasions, including at in the way in which institutions in the semination of disaster information, the Republican National Convention in federal government respond to disas- both domestically and abroad, and to Philadelphia in August. I simply rise ters. I am struck by the tremendous seek cooperation with foreign govern- today to note for my colleagues that potential advanced technologies, in- ments and international organizations. organized labor in this country is not cluding satellite imaging, the World- Continued Federal leadership is essen- monolithic in their views on such mat- wide Web, and computer data systems tial to its continued success. The cre- ters as trade and protectionism. can play in improving our responsive- ation of a highly sophisticated and The members of the coalition I met ness to natural disasters. widely distributed knowledge base, en- with last week came primarily from Much of the credit is due to the vi- compassing common systems of meas- the aerospace industry in the Pacific sionary leadership of Vice President urements, methods of data visualiza- Northwest, building the jet airplanes, GORE for directing GDIN’s development tion and exploitation, information engines, and other aerospace sub- and for recognizing the potential for analysis, event forecasting, knowledge systems that are competing globally harnessing current day technologies in modeling, and data and information with the likes of Europe’s Airbus. How- an unprecedented and innovative way. management, remains key to success- ever, I have previously met members of GDIN represents a coordinated effort ful future development. this coalition that extend beyond the among the Nation’s federal disaster For example, in 1997, the region of aerospace industry and the Pacific agencies, intelligence agencies, the Na- Grand Forks, North Dakota suffered Northwest. They represent such tradi- tional Aeronautics and Space Adminis- losses greater than $400 million when tional manufacturing industries as tration, academia, and industry, and the Red River rose. In order to predict steel, aluminum, diesel engines, farm their international counterparts, to flood areas accurately, we need a sys- equipment, and rail locomotives. They October 3, 2000 CONGRESSIONAL RECORD — SENATE S9691 repesent a diverse array of the Amer- WTO’s rules and the agreement we Costello of Southern Pines competed in ican workforce—everything from pro- have negotiated with them. equestrian events. Tim Montgomery duction workers on the line to engi- But there are indeed unions—rank- and Jerome Young, both of Raleigh, neers and scientists. And they are from and-file members and leadership Lynda Blutreich of Chapel Hill and Me- across this great nation. alike—who see the opportunity pre- lissa Morrison of Kannapolis competed The message these union officials had sented by PNTR and allowing China in track and field. Charlie Ogletree of was that they understood that China into the WTO as a tremendous oppor- Columbia competed in sailing. Rich was a burgeoning market for U.S. ex- tunity for the United States to con- DeSelm of Charlotte swam in Sydney. ports. They understood that if the U.S. tinue to lead the world in productivity Calvin Brock of Charlotte represented did not approve PNTR for China that and in our economic strength. They are the United States in boxing. George we would not only lose the trade con- prepared to answer the challenge posed Hincapie and Fred Rodriguez both of cessions they have made to us under by the global economy and the opening Charlotte competed in cycling. Hunter this agreement, but we would also lose of China’s markets, and they recognize Kemper of Charlotte competed in the our ability to gain greater market ac- the benefits which will result if we are triathlon and Henry Nuzum of Chapel cess and share. And they understood leading the way into opening China to Hill competed in rowing. that the largest beneficiary of such an greater trade instead of sitting on the The United States should be proud of outcome would be our trade competi- sidelines allowing our trade competi- every athlete who competed in the tors in the European Community, in tors to reap all the benefits. Olympics. I am especially proud of the the rest of Asia, and in South America. We should not forget that the U.S. is North Carolinians who represented the They understood that one of the best a very diverse country and that no in- United States in Sydney, and I am ways to guarantee that American firms stitution—including organized labor— pleased to support this resolution with remain in the United States—employ- is a monolithic force. There are folks them in mind. ing American workers and bolstering on both sides of the issue, each feeling f our economic growth—was to eliminate very strongly and very sincerely that the existing trade barriers that have they are doing what is best for them NATIONAL CRIME PREVENTION served to up until now to freeze out our and their brethren. MONTH products or force U.S. companies to Mr. EDWARDS. Mr. President, I rise Mr. GRAMS. Mr. President, I rise move facilities over to China. today in support of Senator HATCH’s today to express my support for the Without removing these barriers and resolution commemorating our Olym- strong partnership between localities liberalizing trade between the U.S. and pic athletes for the spirit, enthusiasm and the federal government in pre- China, American firms seeking to com- and patriotism they displayed in Syd- venting crime across the United pete with their foreign competitors ney at the XXVII Summer Games. I am States. As my colleagues may know, would have every incentive to move proud to represent a state that sent to October is recognized as ‘‘National their factories and operations over to Sydney two of the nation’s most rec- Crime Prevention Month.’’ China. With PNTR and China’s entry ognizable athletes, Marion Jones and Earlier this year, the Federal Bureau into the World Trading Organization Mia Hamm, as well as numerous other of Investigation announced that seri- we increase the likelihood that Amer- athletes who valiantly competed in ous crime had declined nationally for ican companies will continue to remain these Olympic games. the eighth consecutive year. Although located in the United States. And that The nation’s eyes were on Marion many reasons for this promising news is good news for the union workers and Jones as she set out to win an unprece- can be cited, I believe the efforts of households in the state of Michigan dented five gold medals in Sydney. state and local governments have which will continue to produce a wide While Marion didn’t win five golds, she caused a reduction in crime rates. To array of goods that will be exported to made us all proud with her com- ensure continued success, the federal China. manding performance. She set a track government should not impose addi- As I pointed out in a statement I and field record by winning more med- tional mandates upon local commu- made on the floor supporting PNTR, als in a single Olympics than any other nities that will only prevent the devel- exports from Michigan to China in- woman in history. Her three gold and opment of effective crime prevention creased 25 percent between 1993 and two bronze medals have put Marion programs. 1998, and they have undoubtedly grown atop the track and field world. More During this session of the 106th Con- significantly greater since 1998. Ex- important than winning her events, gress, I am pleased to have worked ports to China from businesses located Marion accepted each of her medals with Minnesota’s public safety officials in the Flint and Lansing areas grew by with grace and style, epitomizing what on a number of crime and drug abuse 84 percent during that period. Mean- Olympic competition is all about. prevention initiatives. Most impor- while, exports to China from Kala- Mia Hamm has captivated children tantly, I am pleased that the Fiscal mazoo and Battle Creek grew by an ex- and adults alike with her charisma and Year 2001 Commerce, Justice, State Ap- traordinary 353 percent! Not all of that passion for the game of soccer. Thou- propriations bill includes $4 million for business is going to union shops, but sands of girls across North Carolina the State of Minnesota to develop a certainly a significant portion of it is, take to the soccer fields in hopes of statewide computer network that will and that sort of expansion in trade being the next Mia Hamm. Watching provide judicial and law enforcement with China is going to benefit all work- Mia play in Sydney, I understand why. agencies with universal access to crit- ers and businesses in Michigan—union In the women’s soccer semifinals ical information about criminal offend- and non-union. against Brazil, Mia was pushed, shoved ers at the time of their arrest, prosecu- Clearly the majority of unions and and thrown to the ground time and tion, sentencing, and during other im- union members in this country opposed time again. She did not once complain, portant proceedings. Information is the PNTR for China. I heard from and letting her actions speak louder than key to an effective and accountable spoke with many, many such workers words by scoring the only goal of the criminal justice system. The Min- from Michigan—both back in Michigan match. The United States Women’s nesota Legislature recently enacted and when the unions have come out to Soccer team went on to claim the sil- legislation, known as ‘‘Katie’s Law,’’ Washington, DC, to meet with their ver medal, led by other Tar Heels such that provides state funding for the de- representatives in Congress. I come as goal keeper Siri Mullinix of Greens- velopment of this initiative. from a union background and grew up boro and Carla Overbeck of Chapel Hill. I also believe it is essential that Con- in a union household. I took their con- I am also extremely proud of other gress do more to ensure that anti-drug cerns very seriously in weighing the North Carolinians who competed in resources reach the areas of our coun- many issues that went into my ulti- Sydney. While these athletes haven’t try where drug abuse and crime is on mate decision to vote for PNTR. And I received the attention Mia Hamm and the rise and the anti-drug resources of have pledged to hold China accountable Marion Jones have, they are equally state and local law enforcement have for their future behavior and to fulfill important and should be commended been seriously strained. That is the sit- their trade obligations under the for their accomplishments. Robert uation facing law enforcement agencies S9692 CONGRESSIONAL RECORD — SENATE October 3, 2000 in my home state that have worked to have sent a strong message to crimi- process will allow for full and open de- combat methamphetamine production nals that our neighborhoods are orga- bate on the placement of dredge spoils and trafficking throughout our com- nized and fighting back against the from the project. We certainly cannot munities—particularly in rural areas. threat of crime. Similar to the TRIAD overlook the importance of protecting For more than a year, I have been seniors crime prevention program, Na- and minimizing the impact on our en- working to address the rising meth- tional Night Out encourages increased vironment, especially the impact on amphetamine drug epidemic in Min- citizen interaction with law enforce- our fisheries. nesota by having Minnesota designated ment officers to prevent crime. I will As we move into the heating season, as a High Intensity Drug Trafficking continue to be a strong advocate in funding Environmental Impact State- Area, HIDTA. This designation will Congress for the National Night Out ments for Providence Harbor dredging provide additional anti-meth resources and TRIAD programs. projects cannot be overstated. Specifi- to Minnesota and ensure better coordi- I am proud of the active involvement cally, until dredging Providence Har- nation of federal-state-local efforts at of our citizens in developing innovative bor is completed, deep draft vessels defeating this threat to public safety. I crime prevention initiatives. Their carrying precious heating oil to Rhode am pleased that the Fiscal Year 2001 commitment to ensuring safer streets Island and other points in the North- Treasury-Legislative Branch Appro- and safer communities throughout our east will have to continue the dan- priations bill includes funding for new state has made Minnesota a better gerous and inefficient practice of off- HIDTA designations, and a directive to place to work and a better place to call loading their cargoes into small barges, the Office of National Drug Control home. in the middle of Narragansett Bay, for Policy that Minnesota must be among f delivery to the pierside terminals in the first states considered for HIDTA Providence Harbor. Anyone who has CONFERENCE REPORT ON THE FY designation in the upcoming fiscal experienced the fury of winter wind, 2001 ENERGY AND WATER DE- year. ice, and rough waters on the Narragan- VELOPMENT APPROPRIATIONS My rural crime prevention agenda sett recognizes this practice is an acci- BILL has included strong support for S. 3009, dent waiting to happen—one with dis- the ‘‘Rural Law Enforcement Assist- Mr. L. CHAFEE. Mr. President, I astrous consequences. ance Act of 2000.’’ The value of this leg- would like to share with my colleagues While I voted in support of the con- islation was brought to my attention my views on several items contained ference report last night, I was dis- by St. Cloud State University Pro- within the energy and water conference appointed to find that the Missouri fessor John Campbell and several Min- report. River provision I objected to during nesota police chiefs and sheriffs. I The FY 2001 Energy and Water Ap- Senate consideration of the bill was greatly appreciate having the benefit propriations conference report includes not removed during conference. I firm- of their expertise. The Rural Law En- $24 billion in funding for the Depart- ly object to this provision which would forcement Assistance Act would pro- ment of Energy, civil projects of the block funding for consideration of one vide funding to the National Center for Army Corps of Engineers, the Depart- of the alternatives to the Missouri Rural Law Enforcement to expand the ment of Interior’s Bureau of Reclama- River Master Water Control Manual. technical assistance and training avail- tion, and a number of independent The targeted alternative would require able to rural law enforcement per- agencies. I understand the difficulty of seasonal river flow changes along the sonnel. As a cosponsor of this bill, I am reaching a consensus on such a com- Missouri River in order to recover hopeful that rural Minnesota will soon prehensive bill. I would like to thank three endangered species including the establish a regional center that will the Managers of the legislation for all pallid sturgeon, interior least tern, and bring the benefits of these programs to their hard work in reaching this con- piping plover. During my past year in our state. sensus. the Senate, I have voted to remove en- During National Crime Prevention I am particularly pleased with the vironmental riders such as this one Month, it is also important to note the nearly $4 million in funding included in from appropriations bills. In my view, impact the Violence Against Women the bill for a number of important the Missouri River provision inappro- Act, VAWA, has had upon the rate of Rhode Island coastal restoration and priately transfers the decision regard- domestic abuse, stalking, and sexual water development projects. The bill ing endangered species protection assault across the nation. Since its en- contains $1.95 million in funding for au- along the Missouri River from the actment, the VAWA has provided thou- thorized repairs to the Fox Point Hur- Army Corps of Engineers and the au- sands of communities with assistance ricane Barrier. Since its construction thorizing committees to the Senate to develop innovative and effective pro- in 1966, the barrier has provided crit- and House Appropriations Committees. grams that have contributed toward ical flood protection to the City of I was one of two Republican Senators protecting individuals from sexual of- Providence. The bill contains $191,000 that voted in favor of an amendment fenses and domestic abuse. for Rhode Island Ecosystem Restora- offered by Senator DASCHLE and Sen- In Minnesota, domestic violence shel- tion to assist the Army Corps of Engi- ator BAUCUS to strike this provision ters and centers have improved their neers and the Rhode Island Department during Senate consideration of the FY services to victims of sexual, emo- of Environmental Management to re- 2001 Energy and Water Development tional, and physical abuse through store degraded salt marshes and fresh- Appropriations bill. When the vote such important programs as the Rural water wetlands, improve overall fish failed, however, I voted in favor of the Domestic Violence and Child Abuse En- and wildlife habitats, and restore legislation because of its important forcement Grant program and funding anadramous fisheries. The bill also funding for Rhode Island. The FY 2001 to combat violence against women on contains $54,000 for South Coast Ero- Energy and Water Development Appro- university campuses. Additionally, sion to complete feasibility study work priations bill, and the Missouri River many domestic abuse victims have on potential coastal protection provision contained within, passed benefited from the counseling and projects along the southern coastline overwhelmingly in the Senate by a guidance provided through the Na- of Rhode Island. vote of 93 to 1. tional Domestic Violence Hotline es- Additionally, the bill contains The legislation still has a probable tablished under the Violence Against $584,000 in funding for the final Envi- Presidential veto. I am hopeful we will Women Act. I am proud to be a cospon- ronmental Impact Statement and de- be able to revisit the Missouri River sor of legislation to reauthorize the Vi- sign work associated with maintenance provision before the end of this session, olence Against Women Act and expect dredging of the Providence River and and ensure its elimination from the that this legislation will be passed be- Harbor federal navigation channel. The legislation. fore the 106th Congress adjourns. proposed maintenance dredging project f Finally, I commend the dozens of involves the removal of approximately Minnesota cities that are active par- four million cubic yards of material THE VERY BAD DEBT BOXSCORE ticipants in the ‘‘National Night Out’’ from the Providence River and Harbor. Mr. HELMS. Mr. President, at the program. These neighborhood residents The Environmental Impact Statement close of business yesterday, Monday, October 3, 2000 CONGRESSIONAL RECORD — SENATE S9693 October 2, 2000, the Federal debt stood written two books about the Maine is Villa Tragara in Waterbury Center. at $5,661,548,045,674.53, five trillion, six Veterans Memorial Cemetery in order My family and I have gone there for so hundred sixty-one billion, five hundred to raise funds to preserve the ground many years and have become friends of forty-eight million, forty-five thou- for generations to come. To this day, Tish and Tony DiRuocco. When my sand, six hundred seventy-four dollars the proceeds from the sale of this book mother was alive, she knew that she and fifty-three cents. are still generating support for the could call Tony when the Italians won Five years ago, October 2, 1995, the cemetery association. I am proud that soccer matches and have someone she Federal debt stood at $4,987,587,000,000, a letter I wrote in support of his efforts could speak with in her native tongue, four trillion, nine hundred eighty-seven appears in the second edition of his while they both toasted Italy’s victory. billion, five hundred eighty-seven mil- book. Recently Debbie Salomon, Vermont’s lion. Nathaniel Cobb also initiated the foremost chronicler of epicurean de- Ten years ago, October 2, 1990, the ‘‘Garden of Remembrance’’ at the cem- lights, wrote about the DiRuocco’s Federal debt stood at $3,261,514,000,000, etery to honor those Mainers whose re- Restaurant and I ask that the article three trillion, two hundred sixty-one mains were never found. He was Sate from the Free Press be printed in the billion, five hundred fourteen million. Adjutant for the American Legion RECORD at this point.∑ Fifteen years ago, October 2, 1985, the twice, State Treasurer for 12 years, and The article follows: Federal debt stood at $1,823,105,000,000, State Chaplain for 6 years. He has [From the Burlington Free Press, Sept. 12, one trillion, eight hundred twenty- served on the Maine Veterans Home 2000] three billion, one hundred five million. Board and on the Veterans Loan Au- STRONG MARRIAGE IS SECRET INGREDIENT TO Twenty-five years ago, October 2, thority Board. It was an honor to work VILLA TRAGARA’S SUCCESS 1975, the Federal debt stood at with him on the fight to preserve (By Debbie Salomon) $553,269,000,000, five hundred fifty-three Maine’s only veterans hospital—the Behind every great restaurant chef/owner billion, two hundred sixty-nine million, Togus Veterans Administration Med- stands a spouse. If the spouse is a woman, which reflects a debt increase of more ical and Regional Office Center—as chances are she’ll put on a nice outfit, slap than $5 trillion—$5,108,279,045,674.53, well as other fundamental needs of on some makeup and stand in front taking five trillion, one hundred eight billion, Maine’s veterans. reservations, dispatching servers, running credit cards, remembering names, smoothing two hundred seventy-nine million, I congratulate Nate today as well as ruffled feathers and smiling, smiling, smiling forty-five thousand, six hundred sev- express my profound appreciation as an through aching feet, a throbbing head and enty-four dollars and fifty-three cents American for the lifetime of service sore back. during the past 25 years. and sacrifice he has rendered. He is That’s if the baby sitter shows up. f truly an effective and doggedly deter- That’s Tish DiRuocco. Tish and Tony mined advocate for veterans. DiRuoccco, owners of Villa Tragara in Wa- ADDITIONAL STATEMENTS I have nothing but the utmost re- terbury Center, are old-timers in an industry spect for those, like Nathaniel Cobb, where almost 75 percent of newcomers fail the first year. Villa Tragara recently cele- TRIBUTE TO NATHANIEL COBB who have served with courage, honor brated its 20th anniversary; in June, Tony and distinction when their country— ∑ Ms. SNOWE. Mr. President, I rise was named Restaurateur of the Year by and the world, no less—needed them so Vermont Lodging & Restaurant Association. today to recognize the extraordinary desperately. From World War II Should have been ‘‘Restaurateurs . . .’’ contributions of Nathaniel T. Cobb of through Korea, Vietnam, the Persian ‘‘Did you see (the Stanley Tucci film) ‘Big Waterville, Maine, to this great Na- Gulf, Bosnia, Kosovo, and numerous Night?’ Tish asks. ‘‘Tony’s like the chef and tion. other conflicts, freedom and democracy the brother is me.’’ Nate Cobb is a veteran of World War ‘‘They are a very strong family, a wonder- have survived because when the call to ful team,’’ says Joan Simmons of Craftsbury, II, where he served as a combat engi- duty came, our veterans were there to neer in the South Pacific and partici- a 20-year devotee, who celebrates most fam- answer. ily occasions at Villa Tragara, including her pated in the planning of six invasions It is because of them that we enjoy mother’s 90th birthday. during his tenure in the Army. Like so lives unfettered by oppression, in a de- Simmons describes their entrance: ‘‘You many brave Americans, he came home mocracy that stands as a blueprint— would have though Queen Victoria was arriv- after the war and continued to con- and a beacon—for people the world ing.’’ tribute to his country and community. over. It is because of them that we I thought of Tish as I watched Hadassah Lieberman’s rave at the Democratic Na- Over the years, Nate has generously stand at the vanguard of human rights, and selflessly reached out to fellow vet- tional Convention. The motto of these human dignity, and personal oppor- strong-willed spouse-partners seems to be erans and their families in need, work- tunity. Stand By Your Man and Help! ing to ensure that veterans receive the And as long as America remains a Perhaps Tish and Tony cling so tena- benefits they have earned and so richly beacon of hope, we must never forget it ciously to each other and their business be- deserve. To this end, Nate often de- is a beacon that shines with the bright cause getting there wasn’t half the fun. voted his weekends and evenings to light of all those, like Nathaniel Cobb, They met when 19-year-old Tish, a helping veterans, even as he worked who sacrificed for the principles for Montrealer, lived with a family in Switzer- land to improve her French. The small Swiss full time for the Waterville Morning which America stands. We may hardly Sentinel newspaper in Waterville, town had only one nightspot. Tony—born know where to begin in reconciling a and educated in Capri, Italy—was the showy Maine for almost 40 years. debt to them that can never be fully re- bartender. In the 1960’s Nathaniel Cobb dem- paid. but we know we can do no less ‘‘He threw bottles into the air and caught onstrated impressive foresight in pro- than to try our very best. them.’’ Tish recalls, still misty-eyed at 48. ‘‘I posing the idea of a veterans cemetery In that light, it is truly an honor to had no money but he made me the perfect to former Senator Margaret Chase congratulate Nate Cobb on a life of ac- drink at the perfect price. Smith, who worked with him to estab- complishments and contributions to They fell in love. Tony followed her back lish—in Maine—the first state veterans to Montreal. They married in 1976. this country of which he should be Tish’s family had a ski house in Vermont. cemetery in the entire country. rightfully proud. He is a credit to Her dream was to live here, despite Tony’s As State Adjutant of the American Maine and the Nation and a true Amer- growing success in cosmopolitan Montreal. legion at the time, he presented the ican hero in every possible sense of the They scoped out the Italian restaurant scene resolution calling for a veterans ceme- world. Thank you, Mr. President.∑ in the Stowe vicinity and decided a market tery to the State legislature, which ap- f existed for Tony’s painstakingly elegant proved it unanimously. Not only that, (pasta, bread, desserts made in-house) North- but he worked tirelessly to secure WATERBURY CENTER’S VILLA ern Italian preparations. They found a funding for the cemetery, which was TRAGARA charming 1820 farmhouse on Vermont 100 in ∑ Waterbury Center, which became the res- dedicated in 1970, and later helped es- Mr. LEAHY. Mr. President, one of taurant. Tish’s parents helped financially, tablish a chapel there as well. the joys in living in a State as small as but the complications of non-citizens open- Nate’s achievements also extend into Vermont is that you get to know where ing a business in the United States would fill the realm of the written word, having all the treasures are. One such treasure the phone book. S9694 CONGRESSIONAL RECORD — SENATE October 3, 2000 ‘‘We were young and naive,’’ Tish admits. Nation has to offer. They are the Wolfe Middle School, whose dedication Add ‘‘fanatically hard-working’’ The schools that set the standard for which to making her school one of the finest charming location proved less than ideal, others strive. I am very proud to report in our Nation has been instrumental in since vacationers driving north to Stowe that nine of the 198 Blue Ribbon creating this community. On behalf of didn’t want to drive back for dinner. ‘‘We had to be creative the first 10 years, Schools named by Secretary Richard the entire United States Senate, I con- until word-of-mouth got around, ‘‘Tony says. W. Riley for 1999–2000 are located in the gratulate Wolfe Middle School on being Finally, the Stowe Montrealers who had State of Michigan, and I rise today to named a Blue Ribbon School for 1999– adored Tony’s cuisine at home rediscovered recognize Wolfe Middle School, in Cen- 2000, and wish the school continued him and oh, did he cater to their tastes. ter Line, Michigan, one of these nine success in the future.∑ ‘‘They want it special, not off the menu,’’ he schools. f says. The hope of the Center Line Public ‘‘Tony’s so intent on pleasing that he’s School system is that their schools will THE END OF AN ERA flexible to a fault,’’ Tish adds. ∑ But bumps along the way, including an ex- become places where ‘‘every person Mr. FEINGOLD. Mr. President, I was hausting foray into retail refrigerated pasta will be a teacher, every teacher will be born in 1953, the same year that major that Tish delivered to gourmet shops be- a leader and every student will be a league baseball made its way back to tween caring for two children and running success.’’ To this end, Wolfe Middle Milwaukee. I grew up with County Sta- Villa Tragara, might have derailed a less- School is a shining example. Its mis- dium and the countless memories it committed couple. The Stowe restaurant sion statement lays out the following produced. scene was exploding with competition. Atti- goals: first, to teach students the When the stadium and I were just six tudes toward food were changing. ‘‘We were knowledge and understanding embed- years old, Milwaukee County bore wit- a sinking ship but we were going down fight- ing,’’ Tish admits. Once, things got so bad ded in the Michigan core curriculum; ness to one of the most dramatic games they closed the door and fled to Martha’s second, to help students explore their in baseball history. Pittsburgh’s Har- Vineyard for a week. elective areas of interest; and, third, to vey Haddix, pitched 12 perfect innings Tony was forced to make changes, to light- help students as they make the transi- and lost both the no-hitter and the en sauces with vegetable purees, to initiate tion from childhood to adolescence. game to Milwaukee in the 13th. cabarets, dinner theater, jazz, a moderately Wolfe Middle School has been success- When the stadium and I were eight priced tapas menu and early-bird discounts. ful in these areas because of the team- years old, the legendary Warren Spahn Redecoration turned the farmhouse—par- work that has developed, not only had a spectacular year. He became the ticularly the mountain-view solarium—into a lively, informal trattoria. Herbs grow among faculty and administrators, but second oldest pitcher to throw a no-hit- along the path to the front door; zucchini also between parents and community ter and became only the 13th pitcher in clog the compost-enriched garden plot out members. history to win 300 games. back. This teamwork is best represented in When the stadium and I reached 20, And, somehow, their marriage has not only planning teams, groups which involve the Green Bay Packers won their very survived, but flourished. How? ‘‘We drop the staff, parents and community mem- first Monday Night Football game. restaurant when we go home,’’ Tish says. ‘‘If bers. These teams meet regularly in a Wisconsinites never forget the last we have an argument, it keeps until the next constant effort to evaluate, improve game the Packers played at county day.’’ Watching them you fee the connection. and enact goals and objectives which stadium nearly six years ago today. ‘‘She is my partner, 120 percent,’’ Tony af- will continue to move Wolfe Middle On the year of our nation’s bicenten- firms, touching Tish’s shoulder. They have School and its students in a positive di- nial, when the stadium and I were 23, led student tours to Italy. They provide food rection. In addition to planning teams, Hank Aaron hit his 775th and last ca- for Odysesy of the Mind and March of Dimes daily teacher team meetings take place reer home run there. His home-run hit- events. On Christmas, Tony contributes in which plans are devised for class- ting presence and uncanny style added lasagna (of all things) to a Christmas dinner room instruction, grade level activities so much to County Stadium and the at a Waterbury church and donates food to a and professional development. There is aura that surrounded him will never be retirement home. No wonder, in March of 1999, Tony was one an unwavering rule that guides both forgotten. of 59 restaurateurs worldwide (nine in the planning teams and teacher teams: all When the stadium and I reached the U.S.) to receive the Insegna Del Ristornate programs must be dedicated to helping age of 45, it was at County Stadium Italiano, which honors chiefs who leave Italy Wolfe students develop academically, that Mark McGwire and Sammy Sosa but ‘‘keep the good name alive.’’ socially and emotionally. both hit their 65th home runs. The award was presented by Italian presi- In recent years, school improvement And finally, at our ripe age of 47, we dent Oscar Scalfaro. The Pope recognized the has focused largely around the premise must say farewell. Fortunately, its honorees during a public audience. that every student should leave Wolfe Simmons was happy but not surprised at great and storied past will always be in the recognition. ‘‘When you walk in that computer literate. The school has two our memories. I look forward to shar- door you feel special. Tony and Tish are computer labs, as well as a computer in ing with my family and Brewer fans genuinely glad to have your business,’’ she every classroom. Laptop computers are across the state, the many new thrill- says. The Simmonses drive almost an hour available to take home from the new ing baseball moments that await us at once a month to eat at Villa Tragara. ‘‘I’m a Media Center which allow students to Miller Park.∑ schoolteacher, not a rich woman, but we do computer homework. In 1999, a f would rather eat at a place we know is Technology Education Laboratory was good.’’ completed which boasts a robotics MONTANA OLYMPIANS Because, Simmons concludes, ‘‘Anything ∑ else is going out to get some food. This is area, audio and video production stu- Mr. BURNS. Mr. President, I would going out to dinner.’’ dios, and a computer animation sta- like to take this opportunity to recog- What a nice story.∑ tion, making it among the most ad- nize the achievements of two native f vanced laboratories in the Midwest. It Montanans, Mrs. Monica Joan Tranel- is important to note that providing Michini, and Mrs. Jean Foster. WOLFE MIDDLE SCHOOL NAMED students with the opportunity to work Mrs. Tranel-Michini is a Billings na- 1999–2000 BLUE RIBBON SCHOOL with computers is part of an overall tive who competed recently in the Syd- ∑ Mr. ABRAHAM. Mr. President, in plan to encourage their participation ney Olympics. She not only qualified 1982, the United States Department of in other areas of education and social for the finals of the women’s single Education initiated its Blue Ribbon interaction—it is not an end in itself. sculls, a rowing event, but she also Schools Program. In each year since, I applaud the students, parents, fac- placed sixth in the event. Six is a the Department has recognized schools ulty and administration of Wolfe Mid- magic number for Monica, because she throughout the country which excel in dle School, for I believe this is an is the sixth of ten brothers and sisters. all areas of academic leadership, teach- award which speaks more to the effort She and her family grew up on a cattle ing and teacher development, and of a united community than it does to ranch just outside of the city limits of school curriculum. In other words, the work of a few individuals. With Billings, Montana. Before the age of Blue Ribbon Schools are the finest pub- that having been said, I would like to twenty, this now established U.S. lic and private secondary schools our recognize Ms. Sue Gripton, Principal of champion and Olympic finalist had not October 3, 2000 CONGRESSIONAL RECORD — SENATE S9695 seen a body of water larger than her members of the AFMIO with an oppor- EULOGY FOR ELLEN GLESBY family’s irrigation pond. It was not tunity to explore new ways to expand COHEN until this accomplished woman at- upon the many beneficial things the or- ∑ Mrs. BOXER. Mr. President, I come tended law school in Philadelphia that ganization is already doing in this before you today to pay tribute to a she gained the passion for rowing. I sa- realm. staunch patient advocate whose dedica- lute this young woman, for her proud The AFMIO is an umbrella organiza- tion and commitment to biomedical re- representation of the sport of rowing, tion which represents various Indian search has changed the lives of all the country, and the state of Montana. Muslim Associations. It has chapters around her. Mrs. Jean Foster is another young Ellen Glesby Cohen was the Presi- woman from Bozeman, Montana whom throughout the world, and a member- ship which includes academicians, pro- dent and Founder of the Lymphoma I want to recognize. Joan’s career in Research Foundation of America shooting was paved a little better than fessionals, entrepreneurs and social ac- tivists. The mission of the organization (LRFA). Ellen founded this organiza- Monica’s. Jean is from a family with tion almost ten years ago after she was world championships in shooting under is the educational and economic upliftment of Indian Muslims by seek- diagnosed with a slow growing form of their belt, her mother being a world non-Hodgkin’s lymphoma (NHL). ing cooperation among the American champion in rifle shooting, and her fa- Ellen, being the courageous person and Indian relief and educational orga- ther a two-time Olympian and a USA she was, decided to turn her experience nizations. hall of famer in shooting. Jean rep- into something positive by establishing resented our state and our country The AFMIO stands for a stable demo- the Lymphoma Research Foundation with distinction in the 3-position rifle cratic, secular and progressive India, that is the nation’s first and foremost event. I congratulate Jean on the effort where the human rights of all citizens, organization dedicated to promoting she put forth and on her and her fam- regardless of caste, religion, language and funding lymphoma-specific re- ily’s commitment to the sport of shoot- or region, are preserved. The organiza- search. ∑ ing. tion works in close cooperation with Ms. Cohen’s efforts on behalf of f others that believe in these same prin- lymphoma-specific research has led to S.C. AWARDED PAN AM GAMES ciples, and thus serves as a bridge be- the Lymphoma Research Foundation FOR THE BLIND tween Indian intellectuals, public offi- awarding close to $3 million to support 92 lymphoma research projects at top ∑ Mr. HOLLINGS. Mr. President, it is cials and business people, and Indian universities and cancer centers with great pleasure that I recognize Americans, particularly Muslims. throughout the nation. Spartanburg, South Carolina and the The highest priority of the AFMIO The foundation Ms. Cohen founded South Carolina School for the Deaf and continues to be the eradication of illit- has been active not only in funding re- Blind as hosts of the 2001 Pan Amer- eracy among Indian Muslim children, a search, but has helped educate the pub- ican Games for the Blind. This is not goal which goes hand in hand with lic about the high incidence rates of only a distinguished honor for bridging the digital divide. Access to a non-Hodgkin’s lymphoma by spear- Spartanburg and for the school, but computer can upon up new worlds for heading such initiatives as the Na- also for our state and our nation. Three children, and ensure that they are not tional Lymphoma Awareness Week hundred blind and visually-impaired only literate in the traditional sense, during the second seek of October and elite athletes from 22 countries will but culturally literate as well, which I an annual Lymphoma Advocacy Day compete in the third Pan Am Games think is equally important. In this re- on Capitol Hill. for the Blind May 29–June 3, 2001 in gard, AFMIO has already done a great I have been particularly impressed by Spartanburg. It marks the first time deal. Its grassroots mobilization and Ms. Cohen’s passion on behalf of that these Games have been held in the motivation program is termed as one of lymphoma patients and, consequently, United States. Previous competitions the most successful education pro- have supported increasing the funding took place in Buenos Aires and Mexico grams in India. for lymphoma research at the National City. Athletes will compete in track and AFMIO has also done much to aid In- Institutes of Health and the Centers for field events, swimming and goal ball, a dian Muslims on other fronts. The or- Disease Control and Prevention. team sport developed specifically for ganization has financed several Ellen is survived by her husband Dr. the blind. Two students at the S.C. projects which draw on the resources of Mitchell Cohen and her two children School for the Deaf and Blind, Royal local communities and aim for the eco- Hailey and Josh. While the last decade Mitchell and Sonya Bell, will represent nomic upliftment of these communities of Ellen Cohen’s life was dedicated to the United States in track and field by teaching citizens how to employ lymphoma research, Ellen’s accom- events. these resources. Through programs of plishments as a mother and a wife will The International Blind Sports Asso- political education and awareness, the forever be remembered even after the ciation selected the S.C. School for the organization has united forces that day comes that non-Hodgkin’s lymphoma has been eliminated. Deaf and Blind as the site for the 2001 have similar beliefs of social justice Although Ellen’s work has already Games because of its excellent facili- and the upliftment of all people. Fur- benefitted thousands across the coun- ties and the strong credentials of the thermore, it has been responsible for try diagnosed with non-Hodgkin’s athletic staff. Since its founding in establishing several hospitals and or- lymphoma and other cancers, I know 1849, the school has served South Caro- phanages, and has organized relief that she would like us all to continue lina well and proven itself worthy of work at times of natural disasters. this latest distinction. I wish all the her fight against this devastating dis- I applaud the AFMIO for all of the participants in the 2001 Pan American ease by supporting such worthy organi- wonderful work it has done to improve Games for the Blind much success.∑ zations like the Lymphoma Research the living conditions of Indian Mus- Foundation of America. f lims. A large part of this success stems Despite the fact that Ellen is not 10TH ANNUAL CONVENTION OF from educational programs which have here physically, her spirit will con- THE AMERICAN FEDERATION OF been incredibly successful, and I am tinue to live on through her family and MUSLIMS OF INDIAN ORIGIN sure the discussion this weekend will friends. Thank you Ellen for what you ∑ Mr. ABRAHAM. Mr. President, I rise focus upon how these programs can be gave to persons everywhere. You will today to recognize the American Fed- even further adapted and improved in truly be missed.∑ eration of Muslims of Indian Origin this Digital Age. On behalf of the en- f (AFMIO), which will hold its 10th An- tire United States Senate, I extend a nual Convention on October 7–8, 2000 in much deserved thank you to the Amer- NOVI HIGH SCHOOL NAMED BLUE Southfield, Michigan. The theme of the ican Federation of Muslims of Indian RIBBON SCHOOL FOR 1999–2000 convention is ‘‘Information and Tech- Origin, and wish the organization con- ∑ Mr. ABRAHAM. Mr. President, in nology: The Digital Divide,’’ providing tinued success in the future.∑ 1982, the United States Department of S9696 CONGRESSIONAL RECORD — SENATE October 3, 2000 Education initiated its Blue Ribbon and faculty to continue to provide a Montpelier, Vt., population of roughly 8,000. Schools Program. In each year since, better education to the students of The store, which sells out-of-print movie the Department has recognized schools Novi High School. The staff firmly be- soundtracks, among other goodies, has had throughout the country which excel in lieves that a quality education pro- its ups and downs, but in 1998, as Internet music distributors like CDNow and MP3.com all areas of academic leadership, teach- gram is never static; rather, it contin- exploded in popularity, Mr. Wilber began to ing and teacher development, and ually needs to be adapted and improved worry that the Web would be his Waterloo. school curriculum. In other words, as new resources and different methods His answer was to build his own Web site Blue Ribbon Schools are the finest pub- of teaching become available. This (www.bsmusic.com). Designed by his brother lic and private secondary schools our willingness to adapt has been instru- and lacking time-saving features like one- Nation has to offer. They are the mental in the success of Novi High click shopping, it is hardly slick. But it has schools that set the standard for which School, and I am sure will continue to been successful. others strive. I am very proud to report In the year and a half since the site went be instrumental as the school leads into service, Mr. Wilber says overall sales that 9 of the 198 Blue Ribbon Schools other high schools, not only in the have jumped 10 percent. Just as important, named by Secretary Richard W. Riley State of Michigan but throughout the he estimates, the Internet has expanded his for 1999–2000 are located in the State of country, into the future. customer base by some 20 percent. It turns Michigan, and I rise today to recognize I applaud the students, parents, fac- out that Mr. Wilber’s peculiar tastes have Novi High School in Novi, Michigan, ulty and administration of Novi High been strengths on the Web. When the site one of these nine schools. School, for I believe this is an award was recently sent an e-mail message request- ing the score from ‘‘Gordy! The Little Pig In the past 30 years, enrollment at which speaks more to the effort of a Novi High School has grown from ap- That Hit It Big!’’ a 1995 movie, he simply united community than it does to the took it off the shelf and shipped it. proximately 360 students to 1,577 stu- work of a few individuals. With that ‘‘It is not easy e-commerce,’’ Mr. Wilber dents. This is representative of the having been said, I would like to recog- said of his Web site. ‘‘But we are not trying changing shape of the City of Novi dur- nize Dr. Jennifer Putnam Cheal, Prin- to compete with Amazon. We focus on our ing this time period, as it has evolved cipal of Novi High School, whose dedi- own niche.’’ from a rural crossroads to a thriving cation to making her school one of the To many experts, the advent of the Inter- net seemed to signal a grim future for mom- Detroit suburb. To deal with the influx finest in our Nation has been instru- of students, in 1996 Novi High School and-pop retailers. Increased competition and mental in creating this community. On the availability of a diverse array of mer- concluded a renovation which had behalf of the entire United States Sen- chandise to populations that had been essen- lasted for 30 months and added over 40 ate, I congratulate Novi High School tially captive audiences threatened to erode percent to the original facility. The on being named a Blue Ribbon School their customer base. school now covers 382,000 feet on three for 1999–2000, and wish the school con- But a survey of more than 1,500 businesses levels, and includes state of the art in- tinued success in the future.∑ in 16 downtown commercial districts nation- structional areas, science labs, a media wide, released earlier this month by the Na- f center, physical education and fine art tional Trust for Historic Preservation, indi- complexes, and telecommunications cates that the Internet can spur sales in IN PRAISE OF FRED WILBER, storefront retail businesses. Just as they systems. All classrooms have e-mail BUCH SPIELER AND compete in the brick-and-mortar world and Internet access as well as voice CYBERSELLING IN VERMONT against big-box enemies like Wal-Mart communications and two-way inter- ∑ Mr. LEAHY. Mr. President, I want to Stores and Home Depot, small retailers seem active video within and between dis- to do best in the virtual world by focusing on congratulate Fred Wilber from my trict buildings. unusual products or aiming to give excellent, The administrators and faculty of hometown of Montpelier, Vermont on personalized customer service. Novi High School are committed to his cyberselling success. The National Trust is a nonprofit organiza- providing their students with a well- For the last twenty-seven years, Fred tion that develops programs to support and maintain historic downtown areas. And be- rounded educational program, includ- Wilber has owned Buch Spieler, a music store in downtown Montpelier. cause the survey canvassed only merchants ing a rigorous academic schedule, a va- in towns where some revitalization of his- riety of extra-curricular and athletic Recently the New York Times reported on Buch Spieler’s growing sales from toric downtown areas in under way, the Na- programs, and an active student lead- tional Trust said its results probably over- ership program. This commitment led its Internet site at http:// state the positive impact of the Web on all to a two-year, teacher-led initiative of www.bsmusic.com. Mr. President, I ask small businesses. Even so, the news was sur- research and review of outstanding that the full text of the New York prisingly upbeat. The trust’s survey, one of the first in the international high schools. Following Times article of September 22, 2000, ti- tled ‘‘The Opposite of Amazon.com,’’ be nation to examine the impact of e-commerce this process, Novi High School restruc- on small retailers, found that some 16.4 per- tured into a four-block class schedule printed in the RECORD at the end of my remarks. cent of Main Street businesses it polled were so that students would be allowed ac- already using the Internet to sell things. cess to a broader range of curriculum The success of Fred Wilber is a shin- Further, the survey found, merchants that and would also be able to take advan- ing example for all Vermont small sell online—with most of them starting their tage of the new technology available business owners to follow. By taking Web sites only within the last 18 months— for their use. Perhaps more impor- advantage of the new markets offered have experienced a 12.8 percent increase in by the Internet for its goods and serv- overall sales. On average, 14.3 percent of tantly, the review and realignment of their total sales are now attributable to the the curriculum led to a transformation ices, Buch Spieler has increased overall sales by 10 percent and expanded its Internet. of instructional strategies, from tradi- Small, specialized businesses ‘‘are really customer base by 20 percent in the last tional lecture to interactive, higher- starting to gravitate toward the Web,’’ said order thinking and application-assess- year and a half. For years we Kennedy Smith, director of the National ment which have redefined the entire Vermonters have complained about not Trust’s Main Street Center. ‘‘The thing that education program of Novi High having access to a major market to sell was a surprise was the extent to which it was School. our goods. Now through the Internet, helping them.’’ For a struggling storefront we can sell our goods in the blink of an operation, a 5 percent increase in sales can Novi High School has received many make the difference between shutting its awards, including the ‘‘What Parents eye to anyone in the world as Fred Wil- ber and Buch Spieler have shown. doors or staying open, Ms. Smith said. Want’’ award from SchoolMatch for The news about small storefront retailers seven consecutive years (1993–99), a I commend Fred Wilber for being a presents a stark contrast to larger, purely e- Gold Medal District Rating by Expan- cyberselling leader and tapping into commerce retailers. Many experts once sug- sion Management Magazine for three the Internet’s world markets. gested that even individual entrepreneurs years (1996–98), and in 1999 U.S. News The article follows: working out of homes and garages—selling and World Report selected it as one of [From the New York Times; Sept. 22, 2000] everything from books to bow ties—would prosper on the Internet as barriers to entry THE OPPOSITE OF AMAZON.COM the top 96 ‘‘Outstanding American High were eliminated. But as it has turned out, Schools.’’ Being named a Blue Ribbon (By Leslie Kaufman) while several of these pure e-retailers had School for 1999–2000 is reflective of a For 27 years, Fred Wilber has run a quirky jumps in sales initially, they are now strug- desire on the part of administration music store called Buch Spieler in downtown gling to make money as the challenges of October 3, 2000 CONGRESSIONAL RECORD — SENATE S9697 marrying cyberspace and the real world have nificant portion of its total sales, and now ergy companies, Cox Oil and Gas. He become clear. Hundreds of these operations gets some 30 percent of its new customers has translated his success into a strong are now cutting back or going out of busi- online with no advertising. record of public activism, joining the ness entirely. The key to the success of Hi-Fi Sales is boards of the Salvation Army, the Established name-brand retailers, so-called making sure it is visible. ‘‘We spend a lot of clicks-and-mortars, have also had their share energy making sure we come up high in the American Red Cross, the Texas Cancer of tribulations on the Internet. While many search engines,’’ said Jim Oade, one of the Society, and the Dallas Society for have recorded strong sales through their on- three brothers who co-own the business. Crippled Children. line arms, it has often come at enormous Each search engine has different rules for de- In 1978, recognizing his business acu- cost. To sustain the level of service associ- ciding in what order to list businesses re- men and boundless contributions to a ated with their stores, most big-name retail- lated to key words, he said. So one of the better society, Southern Methodist ers have had to do everything from hire new brothers, Doug Oade, devotes himself, among University renamed its business school workers to set up a separate warehouse oper- other things, to keeping current with the in his honor, and The Edwin L. Cox ation to handle the orders. rules and making sure the company’s Web There is no way to know exactly how many site (www.oade.com) has enough of the right School of Business is recognized as one small storefront merchants do business over key words to pop up swiftly when a consumer of America’s best. the Web, but their ranks are already in the wants audio products. In this Bicentennial year of the Li- tens of thousands and growing. As of May, The Oade brothers’ national customer base brary, Ed continues to give of himself some 29 percent of all American small busi- is still fairly unusual among mom-and-pop and to lead others in support of the Li- nesses—from retailers to public relations ventures. Most storefront retailers use the brary. He chaired the Council’s Bicen- firms—had Web sites, according to the Internet mainly for defending and cementing tennial Committee and mobilized Kelsey Group, a consulting firm specializing the relationship with customers they already Council members to participate in the in local advertising and e-commerce. That is have—a relationship that is very much under up from 23 percent in May of last year. siege by giant retailers. Library’s Bicentennial programs. He Of this Web-connected minority, almost Osborn Drugs in Miami (pronounced Mi- has also been a key member of the Li- half are selling goods over the Interent, ac- AM-a), Okal., has been a family drugstore for brary’s Trust Fund Board for the past cording to the Kelsey Group, which gets its 29 years. Since it started its Web site in 1996, 10 years. information from a survey of a national sales through the Interent have increased James H. Billington, the Librarian of panel of 600 businesses with fewer than 100 only about 5 percent a year, according to Bill Congress, has called Ed ‘‘one of the Li- employees. Osborn, who runs the store with his father. brary’s most valued friends.’’ His dedi- The use of the Web by small retailers is But more than 90 percent of the traffic on cation and service have made the Li- likely to accelerate because many larger the Web site comes from regular long-term companies, hoping that small businesses Osborn customers who just like to e-mail brary’s collections richer and its serv- could be revenue generators, have been in- their prescriptions in. ‘‘We view it as a way ices to the Congress and the Nation tensifying efforts to bring mom-and-pop to service customers we already have,’’ Bill more comprehensive than ever. All stores online over the course of the last year. Osborn said. ‘‘We are not trying to go public Americans are the beneficiaries of Last September, for example, Amazon.com as osborndrug.com.’’∑ Edwin L. Cox’s generosity in enriching started zShops, a service that allows small f one of our nation’s greatest institu- businesses to have a link to their products tions.∑ pop up when a visitor to Amazon clicks on a TRIBUTE TO EDWIN L. COX f relevant book or compact disc. A seller of ∑ spice grinders, say, could arrange for a link Mrs. HUTCHISON. Mr. President, I would like to recognize a great Texan THE ASSOCIATION OF CHINESE to appear every time a person clicked on a AMERICANS CELEBRATES 28TH book about Indian cooking. and great American, Mr. Edwin L. Cox Web developers of all sizes—from Microsoft and to call out his outstanding service ANNIVERSARY to tiny outfits run by a couple of a guys in to the nation through his support of ∑ Mr. ABRAHAM. Mr. President, I rise a college dorm—are offering small businesses the Library of Congress. On Thursday, today to recognize the Association of access to a range of Web services, from Web October 5th, The Library of Congress Chinese Americans, Detroit Chapter of site design to purchasing banner advertising. will be celebrating its bicentennial and In fact, the business of providing Web serv- the National Organization of Chinese ices to small operators has already become the 10th Anniversary of the James Americans, which will celebrate its competitive enough that many of the mom- Madison Council. The Madison Council 28th Anniversary with an Awards Cere- and-pop retailers said their entry costs had is the Library’s private philanthropic mony on October 7, 2000. The theme of been very reasonable. organization and, along with Council the evening is Unity, Collaboration and James and Mary DeFore, for example, own Chairman John W. Kluge, Ed Cox Strength, three things the ACA has a women and children’s store called Unique helped found and build the Council provided Michigan’s Chinese American Boutique in downtown Thomasville, Ga., a from a handful of members in 1990 to community since its inception in 1972. small city of about 20,000 people. They were doing a healthy side business in prom more than one hundred committed sup- The mission of the ACA is ‘‘to serve dresses, and decided that if they offered porters today. the Chinese American community in them on the Web they might attract rural Madison Council members have sup- the Greater Detroit area, and to pro- customers who could not get into town. So ported more than 200 Library projects mote the overall presence of Chinese last January, they hired a local service pro- since 1990. These gifts account for al- Americans.’’ In order to do this effec- vider, who for a few hundred dollars designed most half of all private gifts to the Li- tively, members laid out six goals for a simple but colorful Web site with the brary. Ed served as the first Vice- their organization: provide community catchy name Time for Prom Chairman of the Madison Council when services to people of Chinese heritage; (timeforprom.com). The site went live in February, and by it was founded in 1990, and became the promote the Chinese presence locally march the DeFores were getting up to 40,000 first Chairman of the Council’s Steer- and nationally through the political visitors to their Web site each month. By ing Committee in 1992. To support the system; make sure the voice of the Chi- June, they had nearly 500 orders for dresses Library in acquiring new and rare nese American is heard locally and na- that cost $150 to $200. And requests came not items, Ed and fellow Madison Council tionally; promote academic excellence just from rural areas in Georgia but also member Caroline Ahmanson formed in Chinese American youth; promote from Missouri and West Virginia and even the Acquisitions Committee, which has Chinese heritage through the arts; and Hawaii and Japan. ‘‘The biggest problem,’’ been instrumental in acquiring rare collaborate with other Chinese/Asian Mr. DeFore said, ‘‘was fulfilling all the or- ders.’’ and historically significant items for organizations. Despite not having a powerful brand name the Library. Ed also established the In its effort to achieve above and be- or being linked to a powerful portal like Edwin L. Cox American Legacy Endow- yond these goals, the ACA has become Yahoo or America Online, Time for Prom ment, which makes possible the pur- an active force within the Metropolitan shows that small retailers need not get lost chase of rare and important materials Detroit community. It operates service in the vast clutter on the Internet if they de- highlighting our history. and outreach centers in Detroit, War- velop a clear, arrow identity. Ed Cox’s long record of service to his ren and Plymouth which provide as- In fact, another Thomasville retailer, Hi- Fi Sales and Service, which specializes in country includes his duty in the United sistance to Chinese Americans in im- equipment for home theaters and live field States Navy, where he earned the rank migration matters, language classes, recording, did $1.9 million in business over of lieutenant. He left to begin building citizenship preparation, and registering the Web last year, which represented a sig- one of America’s great independent en- to vote. It sponsors a free health clinic S9698 CONGRESSIONAL RECORD — SENATE October 3, 2000 and activities in Detroit Chinatown for following his graduation from the FRANK ‘‘BUD’’ DANIELS the language and economically dis- United States Naval Academy, and cul- ∑ Mr. BURNS. Mr. President, the agri- advantaged. In addition, the ACA spon- minated his distinguished naval service cultural community across Montana sors many programs for the entire with tours of duty as Vice Chief of was saddened this month by the pass- community, including the Feed the Naval Operations and as NATO’s Su- ing of Frank Daniels. He was known to Homeless program, flood and emer- preme Allied Commander and Com- all of us as ‘‘Bud’’. gency disaster relief, and a bone mar- mander-in-Chief of the U.S. Atlantic He was born and raised on the north- row drive. Command. He retired from active duty ern high plains in eastern Montana. He The ACA provides young Chinese in August 1992. gave up to cancer and was 72. His Americans with the opportunity to Admiral Edney has shown valor and daughter wrote that he left us as quiet- meet people of their own heritage, but leadership throughout his 35 years of ly and gently as he walked across that also teaches them the benefits of a dedicated military service to his coun- well-balanced routine. Each year the newly cut stubble field to be with His try, and has been a positive role model Lord. organization sponsors camping trips, for countless sailors in the process. dancing parties, and basketball games. A life long devotion to improving the At the same time, the organization has His dedication to service and excel- lives of rural Americans and keeping sponsored annual High School Achieve- lence has not diminished since leaving farmers on the land he loved, which he ment Awards since 1984. These awards active duty, serving as a trustee of the valued so highly, led him to countless recognize seniors who have achieved Naval Academy Foundation and the areas of involvement and gained him academic excellence as well as involve- Association of Naval Aviation. For two the admiration of his peers. No man or ment and leadership in extracurricular years, he also held the distinguished woman ever gave so much to the Mon- activities. Scholarships funded by the Professor of Leadership chair at the tana Farmers Union than did Bud Dan- ACA and private donors are also pro- U.S. Naval Academy. iels. vided annually to Chinese Americans Admiral Edney was elected to the He participated in the three-year seeking higher education. board of directors of The Retired Offi- Kellogg Extension Program at Mon- Promoting Chinese heritage has al- cers Association in 1994. For the last tana State University which enabled ways been a fundamental goal of the two years, he served as TROA’s chair- him to visit far corners of the world ACA, as members strive not to let their man of the board, the position from and taking him to China in 1976. He be- proud ancestry be overlooked or forgot- which he is now retiring. lieved in the fraternity of agriculture. His interest in farming issues and ten. Events include celebrating Asian Through his stewardship, The Re- programs was generated and groomed American Heritage Month, promoting tired Officers Association continues to through the Montana Farmers Union. the Chinese New Year Commemorative play a vital role as a staunch advocate He was president of Montana Farmers stamps, and sponsoring or cosponsoring of legislative initiatives to maintain Union and vice president of National a plethora of cultural events. Recently, readiness and improve the quality of Farmers Union. He also served on the the ACA held a reception for Chinese life for all members of the uniformed Farmers Union Mutual Insurance Com- American author Helen Zia, and on service community—active, reserve, panies. September 9, 2000, the organization and retired, plus their families and sur- During his years of farming and serv- hosted the Michigan premiere of the vivors. documentary film, ‘‘We Served With ing, he founded the Rural Policy Insti- Pride,’’ which chronicles the effort of His tenure as chairman of TROA tute, established a cooperative cur- Chinese American soldiers during began simultaneously with my chair- riculum at Montana State University, World War II. manship of the Senate Armed Services and developed strong ties with farm I applaud the ACA on the wonderful Committee, and I am pleased to state groups in foreign countries. He had a work it has done in the Metropolitan that these two years have witnessed passion for travel as it was his edu- Detroit region. Since its founding in very substantial quality-of-life en- cation and his way to reach out to the 1972, the organization has encouraged hancements for active, reserve, and re- rest of the world that was crying for Michigan’s Chinese Americans to cele- tired service members and their fami- the technology and ways to feed a hun- brate both their Chinese heritage and lies. gry world. the lives they have found in the United Admiral Edney has been a strong We in Montana will miss him as he States. It has fought vehemently for supporter of the Senate Armed Serv- was the inspiration of leadership. Did the rights of Chinese Americans yet re- ices Committee’s efforts toward im- we always agree? No. That was not im- mains an inclusive group, offering as- proving long-term retention and readi- portant but the dialog and communica- sistance not only to Chinese Ameri- ness through a competitive compensa- tions that enabled us to help those in cans, but to all Americans. On behalf of tion package for active and reserve need that farm and ranch was impor- the entire United States Senate, I con- forces, restoration of lifetime health tant. He would say that we are the pro- gratulate the Association of Chinese care for retired personnel and their viders and there is no higher calling on Americans on 28 glorious years, and families, and enhancing protections for God’s Earth. wish the organization continued suc- the survivors of deceased service mem- Bud is survived by 4 daughters, Amy, cess in the future.∑ bers. Under his leadership, TROA has Becky, Rachel, and Karen. Also by f been an invaluable source of informa- their mother, Laura Daniels of Bil- tion that has proven of considerable TRIBUTE TO ADMIRAL LEON A. lings, Montana.∑ utility in the committee’s delibera- EDNEY, U.S. NAVY, RETIRED f tions on a long list of compensation ∑ Mr. WARNER. Mr. President, I rise and benefits issues during this extraor- COUSINO HIGH SCHOOL NAMED today to pay tribute to an exceptional dinarily productive period. BLUE RIBBON SCHOOL FOR 1999– leader in recognition of a remarkable Admiral Bud Edney has been, in 2000 career of service to his country—Admi- every sense of the word, a leader in the ral Leon A. Edney, United States Navy, ∑ Mr. ABRAHAM. Mr. President, in military, TROA, and the entire retired Retired. 1982, the United States Department of Admiral ‘‘Bud’’ Edney has amassed a community. Our very best wishes go Education initiated its Blue Ribbon truly distinguished record, including 35 with him for long life, well-earned hap- Schools Program. In each year since, years of commissioned service in the piness, and continued success in service the Department has recognized schools U.S. Navy uniform, that merits special to his nation and the uniformed service throughout the country which excel in recognition on the occasion of his re- members whom he has so admirably led all areas of academic leadership, teach- tirement as Chairman of the Board of and served. ing and teacher development, and Directors of the Retired Officers Asso- As a former Sailor and Marine, I offer school curriculum. In other words, ciation (TROA). Admiral Edney a grateful and heartfelt Blue Ribbon Schools are the finest pub- Born in Dedham, Massachusetts, he salute, and wish him ‘‘fair winds and lic and private secondary schools our entered the Navy as an ensign in 1957, following seas.’’∑ Nation has to offer. They are the October 3, 2000 CONGRESSIONAL RECORD — SENATE S9699 schools that set the standard for which the work of a few individuals. With ing to commit a crime, and for other pur- others strive. I am very proud to report that having been said, I would like to poses. that nine of the 198 Blue Ribbon recognize Mr. Joseph Sayers, Principal H.R. 5267. An act to designate the United Schools named by Secretary Richard States courthouse located at 100 Federal of Cousino High School, whose dedica- Plaza in Central Islip, New York, as the W. Riley for 1999–2000 are located in the tion to making his school one of the ‘‘Theodore Roosevelt United States Court- State of Michigan, and I rise today to finest in our Nation has been instru- house.’’ recognize Cousino High School in War- mental in creating this community. On H.R. 5284. An act to designate the United ren, Michigan, one of these nine behalf of the entire United States Sen- States customhouse located at 101 East Main schools. ate, I congratulate Cousino High Street in Norfolk, Virginia, as the ‘‘Owen B. Cousino High School is a contem- School on being named a Blue Ribbon Pickett United States Customhouse.’’ porary American high school set School for 1999–2000, and wish the The message further announced that amongst the ‘‘Big Three’’ members of school continued success in the fu- the House has agreed to the following the auto industry—General Motors, ture.∑ concurrent resolutions, in which it re- Ford Motor Company and f quests the concurrence of the Senate: DaimlerChrysler. Much of the instruc- H. Con. Res. 396. Concurrent resolution tional program at Cousino relies upon MESSAGES FROM THE PRESIDENT celebrating the birth of James Madison and the same forces that drive these inter- Messages from the President of the his contributions to the Nation. national automotive giants, a fact United States were communicated to H. Con. Res. 400. Concurrent resolution which can be attributed to the large congratulating the Republic of Hungary on the Senate by Ms. Evans, one of his the millennium of its foundation as a state. participation of the Warren commu- secretaries. nity in the affairs of Cousino High ENROLLED BILLS SIGNED EXECUTIVE MESSAGES REFERRED The message also announced that the School. Teachers, administrators, and As in executive session the Presiding parents, along with nearly 300 leaders Speaker has signed the following en- Officer laid before the Senate messages rolled bills: from local business and industry, are from the President of the United directly involved in shaping the edu- S. 704. An act to amend title 18, United States submitting sundry nominations States Code, to combat the overutilization of cational program. This involvement which were referred to the appropriate has been instrumental in creating the prison health care services and control rising committees. prisoner health care costs. high student achievement level that (The nominations received today are H.R. 3363. An act for the relief of Akal Se- has become a trademark of Cousino printed at the end of the Senate pro- curity, Incorporated. High School. ceedings.) H.R. 4115. An act to authorize appropria- A large part of this program is de- tions for the United States Holocaust Memo- f voted to ensuring that students who rial Museum, and for other purposes. graduate Cousino High School leave MESSAGE FROM THE HOUSE H.R. 4931. An act to provide for the train- tecnologically competent. All Cousino ing or orientation of individuals, during a At 12:10 p.m., a message from the Presidential transition, who the President classes use technology as a tool to fa- House of Representatives, delivered by intends to appoint to certain key positions, cilitate learning. Multiple computer Ms. Niland, one of its reading clerks, to provide for a study and report on improv- labs spread throughout the building announced that the House has passed ing the financial disclosure process for cer- and additional computers in the media the following bills, without amend- tain Presidential nominees, and for other center and classrooms allow students ment: purposes. to easily access the Internet. In addi- H.R. 5193 An act to amend the National S. 302. An act for the relief of Kerantha Housing Act to temporarily extend the appli- tion, Cousino’s proximity to the Gen- Poole-Christian eral Motors Technical Center, the cability of the down payment simplification S. 1794. An act to designate the Federal provisions for the FHA single family housing world’s largest auto research institute, courthouse at 145 East Simpson Avenue in mortgage insurance program. and the satellite automotive and tech- Jackson, Wyoming, as the ‘‘Clifford P. Han- The enrolled bills were signed subse- nical businesses nearby, have provided sen Federal Courthouse.’’ quently by the President pro tempore students with an opportunity to see The message also announced that the (Mr. THURMOND). first-hand the many doors that their House has passed the following bills, in education will open for them. This which it requests the concurrence of At 3:07 p.m., a message from the focus on technology has complemented the Senate: House of Representatives, delivered by the core subjects of literature, H.R. 3088. An act to amend the Omnibus Mr. Hayes, one of its reading clerks, humanitites, philosophy and the arts Crime Control and Safe Streets Act of 1968 to announced that the House has agreed to provide students with a well-bal- provide additional protections to victims of to the report of the committee of con- anced educational foundation. rape. ference on the disagreeing votes of the H.R. 3235. An act to improve academic and Of course, no school could be success- two Houses on the amendment of the ful without students and parents who social outcomes for youth and reduce both juvenile crime and the risk that youth will Senate to the bill (H.R. 4578) making are willing to devote time and energy appropriations for the Department of to see that their school is indeed suc- become victims of crime by providing pro- ductive conducted by law enforcement per- the Interior and related agencies for cessful. This dedication has occurred sonnel during non-school hours. the fiscal year ending September 30, time and again at Cousino High School. H.R. 4147. An act to amend title 18, United 2001, and for other purposes. Parents have consistently served on States Code, to increase the age of persons the Principal’s Advisory Committee considered to be minors for the purposes of At 4:04 p.m., a message from the and School Improvement Plan commit- the prohibition on transporting obscene ma- House of Representatives, delivered by tees, have volunteered in Booster Clubs terials to minors. Mr. Hayes, one of its reading clerks, and for other school activities, and H.R. 4315. An act to designate the facility announced that the House had passed helped to promote school spirit by pro- of the United States Postal Service located at 3695 Green Road in Beachwood, Ohio, as the following joint resolution, in which moting school events. This parental en- the ‘‘Larry Small Post Office Building.’’ it requests the concurrence of the Sen- thusiasm has rubbed off onto students H.R. 4640. An act to make grants to States ate: of Cousino High. Over 80 percent of stu- for carrying out DNA analyses for use in the H.J. Res. 110. Joint resolution making fur- dents participate in extracurricular ac- Combined DNA Index System of the Federal ther continuing appropriations for the fiscal tivities, and students have led the way Bureau of Investigation, to provide for the year 2001, and for other purposes. in aiding the community as a whole, collection and analysis of DNA samples from ENROLLED BILL SIGNED working tirelessly for numerous char- certain violent and sexual offenders for use The message also announced that the in such system, and for other purposes. ities. Speaker has signed the following en- I applaud the students, parents, fac- H.R. 4827. An act to amend title 18, United States Code, to prevent the entry by false rolled bill: ulty and administration of Cousino pretenses to any real property, vessel, or air- H.R. 4733. An act making appropriations High School, for I believe this is an craft of the United States or secure area of for energy and water development for the fis- award which speaks more to the effort any airport, to prevent the misuse of genuine cal year ending September 30, 2001, and for of a united community than it does to and counterfeit police badges by those seek- other purposes. S9700 CONGRESSIONAL RECORD — SENATE October 3, 2000 The enrolled bill was signed subse- to law, the report of a rule entitled ‘‘Cooper- Year 1999’’; to the Committee on the Judici- quently by the President pro tempore ative Agreement: Seven Principles of Envi- ary. (Mr. THURMOND). ronmental Stewardship for U.S./Mexico Busi- f ness and Trade Community’’ received on ENROLLED BILL SIGNED September 28, 2000; to the Committee on En- REPORTS OF COMMITTEES At 6:15 p.m., a message from the vironment and Public Works. RECEIVED DURING RECESS House of Representatives, delivered by EC–10967. A communication from the Dep- Under the authority of the order of Mr. Hayes, one of its reading clerks, uty Associate Administrator, Environmental Protection Agency, transmitting, pursuant the Senate of September 28, 2000, the announced that the Speaker has signed following reports of committees were the following bill: to law, the report of a rule entitled ‘‘South Carolina: Final Authorization of State Haz- submitted on September 29, 2000. S. 1794. An act to designate the Federal ardous Waste Management Program’’ (FRL By Mr. MURKOWSKI, from the Committee courthouse at 145 East Simpson Avenue in #6879–3) received on September 28, 2000; to on Energy and Natural Resources, with an Jackson, Wyoming, as the ‘‘Clifford P. Han- the Committee on Environment and Public amendment in the nature of a substitute and sen Federal Courthouse.’’ Works. an amendment to the title: f EC–10968. A communication from the Dep- S. 1848: A bill to amend the Reclamation uty Associate Administrator, Environmental Wastewater and Groundwater Study and Fa- MEASURES REFERRED Protection Agency, transmitting, pursuant cilities Act to authorize the Secretary of the The following bill was read the first to law, the report of a rule entitled ‘‘Ap- Interior to participate in the design, plan- proval and Promulgation of Implementation ning, and construction of the Denver Water and second times by unanimous con- Plans and Designation of Areas for Air Qual- Reuse project (Rept. No. 106–437). sent, and referred as indicated: ity Planning Purposes: Washington’’ (FRL S. 2195: A bill to amend the Reclamation H.R. 5239. An act to provide for increased #6879–6) received on September 29, 2000; to Wastewater and Groundwater Study and Fa- penalties for violations of the Export Admin- the Committee on Environment and Public cilities Act to authorize the Secretary of the istration Act of 1979, and for other purposes; Works. Interior to participate in the design, plan- to the Committee on Banking, Housing, and EC–10969. A communication from the ning, and construction of the Truckee water- Urban Affairs. Chairman of the Nuclear Regulatory Com- shed reclamation project for the reclamation and reuse of water (Rept. No. 106–438). f mission, transmitting, pursuant to law, a re- port relative to the fiscal year 2000–2005 stra- S. 2301: A bill to amend the Reclamation MEASURES PLACED ON THE tegic plan; to the Committee on Environ- Wastewater and Groundwater Study and Fa- cilities Act to authorize the Secretary of the CALENDAR ment and Public Works. EC–10970. A communication from the Ad- Interior to participate in the design, plan- The following bill was read the first ministrator of the Environmental Protection ning, and construction of the Lakehaven and second times by unanimous con- Agency, transmitting, pursuant to law, a re- water reclamation project for the reclama- sent, and placed on the calendar on Oc- port relative to the fiscal year 2000–2005 stra- tion and reuse of water (Rept. No. 106–439). By Mr. MURKOWSKI, from the Committee tober 2, 2000: tegic plan; to the Committee on Environ- ment and Public Works. on Energy and Natural Resources, with an H.R. 4904 A bill to express the policy of the EC–10971. A communication from the As- amendment in the nature of a substitute: United States regarding the United States sistant Secretary of State (Legislative Af- S. 2345: A bill to direct the Secretary of the relationship with Native Hawaiians, and for fairs), transmitting, pursuant to law, the re- Interior to conduct a special resource study other purposes. port of the transmittal of the certification of concerning the preservation and public use The following resolution was read the proposed issuance of an export license of sites associated with Harriet Tubman lo- and ordered placed on the calendar on relative to Australia, Germany, the Govern- cated in Auburn, New York, and for other today: ment of Israel, Israel, Italy, Japan, South purposes (Rept. No. 106–440). Korea, South Korea, Taiwan, and the United By Mr. MURKOWSKI, from the Committee S.Res. 364. A resolution commending Syd- Kingdom; to the Committee on Foreign Rela- on Energy and Natural Resources, without ney, New South Wales, Australia for its suc- tions. amendment: cessful conduct of the 2000 Summer Olympic EC–10972. A communication from the Dep- S. 2749: A bill to establish the California Games and congratulating the United States uty Director of the Office of Equal Employ- Trail Interpretive Center in Elko, Nevada, to Olympic Team for its outstanding accom- ment, Opportunity and Civil Rights, Depart- facilitate the interpretation of the history of plishments at those Olympic Games. ment of State, transmitting, pursuant to development and use of trails in the setting f law, the report of a rule entitled ‘‘Non- of the western portion of the United States discrimination on the Basis of Sex in Edu- (Rept. No. 106–441). S. 2865: A bill to designate certain land of ENROLLED BILL PRESENTED cation Programs and Activities Receiving the National Forest System located in the Federal Financial Assistance’’ received on The Secretary of the Senate reported State of Virginia as wilderness (Rept. No. September 29, 2000; to the Committee on For- that on today, October 3, 2000, he had 106–442). eign Relations. By Mr. MURKOWSKI, from the Committee presented to the President of the EC–10973. A communication from the As- on Energy and Natural Resources, with an United States the following enrolled sistant Secretary of State (Legislative Af- bill: amendment: fairs), transmitting, a draft of proposed leg- S. 2959: A bill to amend the Dayton Avia- S. 704. An act to amend title 18, United islation entitled ‘‘Passport Procedures— tion Heritage Preservation Act of 1992, and States Code, to combat the overutilization of Amendment to requirements for executing a for other purposes (Rept. No. 106–443). prison health care services and control rising passport application on behalf of a minor’’; By Mr. MURKOWSKI, from the Committee prisoner health care costs. to the Committee on Foreign Relations. on Energy and Natural Resources, with an EC–10974. A communication from the As- f amendment in the nature of a substitute: sistant Secretary of State (Legislative Af- H.R. 1680: A bill to provide for the convey- EXECUTIVE AND OTHER fairs), transmitting, pursuant to law, a re- ance of Forest Service property in Kern port relative to ‘‘countries of particular con- COMMUNICATIONS County, California, in exchange for county cern’’; to the Committee on Foreign Rela- lands suitable for inclusion in Sequoia Na- The following communications were tions. tional Forest (Rept. No. 106–444). laid before the Senate, together with EC–10975. A communication from the As- By Mr. MURKOWSKI, from the Committee accompanying papers, reports, and doc- sistant Secretary of State (Legislative Af- on Energy and Natural Resources, without uments, which were referred as indi- fairs), transmitting, pursuant to law, the no- amendment: tice of proposed issuance of letter of offer cated: H.R. 2919: A bill to promote preservation relative to Egypt; to the Committee on For- and public awareness of the history of the EC–10965. A communication from the As- eign Relations. Underground Railroad by providing financial sistant Secretary for Fish and Wildlife and EC–10976. A communication from the As- assistance, to the Freedom Center in Cin- Parks, Fish and Wildlife Service, Depart- sistant Legal Adviser for Treaty Affairs, De- cinnati, Ohio (Rept. No. 106–445). ment of the Interior, transmitting, pursuant partment of State, transmitting, pursuant to By Mr. MURKOWSKI, from the Committee to law, the report of a rule entitled ‘‘Final law, the report of the texts of international on Energy and Natural Resources, with Compatibility Regulations Pursuant to the agreements, other than treaties, and back- amendments. National Wildlife Refuge System Improve- ground statements; to the Committee on H.R. 4063: A bill to establish the Rosie the ment Act of 1997’’ (RIN1018–AE98) received on Foreign Relations. Riveter-World War II Home Front National September 29, 2000; to the Committee on En- EC–10977. A communication from the As- Historical Park in the State of California, vironment and Public Works. sistant Attorney General of the Office of and for other purposes (Rept. No. 106–446). EC–10966. A communication from the Dep- Legislative Affairs, Department of Justice, By Mr. MURKOWSKI, from the Committee uty Associate Administrator, Environmental transmitting, pursuant to law, the ‘‘Office of on Energy and Natural Resources, without Protection Agency, transmitting, pursuant Justice Programs Annual Report for Fiscal amendment: October 3, 2000 CONGRESSIONAL RECORD — SENATE S9701 H.R. 4285: A bill to authorize the Secretary S. 2804: A bill to designate the facility of amendment in the nature of a substitute and of Agriculture to convey certain administra- the United States Postal Service located at an amendment to the title: tive sites for National Forest System lands 424 South Michigan Street in South Bend, In- S. 2331: A bill to direct the Secretary of the in the State of Texas, to convey certain Na- diana, as the ‘‘John Brademas Post Office’’. Interior to recalculate the franchise fee owed tional Forest System land to the New Wa- The following reports of committees by Fort Sumter Tours, Inc., a concessioner verly Gulf Coast Trades Center, and for other were submitted on today: providing service to Fort Sumter National purposes (Rept. No. 106–447). Monument, South Carolina (Rept. No. 106- By Mr. THOMPSON, from the Committee By Mr. THOMPSON, from the Committee 477). on Governmental Affairs, without amend- on Governmental Affairs, without amend- By Mr. MURKOWSKI, from the Committee ment: ment: on Energy and Natural Resources, with an H.R. 4110: A bill to amend title 44, United H.R. 2302: A bill to designate the building amendment in the nature of a substitute: States Code, to authorize appropriations for of the United States Postal Service located S. 2350: A bill to direct the Secretary of the the National Historical Publications and at 307 Main Street in Johnson City, New Interior to convey certain water rights to Records Commission for fiscal years 2002 York, as the ‘‘James W. McCabe, Sr. Post Of- Duchesne City, Utah (Rept. No. 106-478). through 2005 (Rept. No. 106-466). fice Building’’. By Mr. MURKOWSKI, from the Committee By Mr. CAMPBELL, from the Committee H.R. 3030: A bill to designate the facility of on Energy and Natural Resources, with an on Indian Affairs, with an amendment in the the United States Postal Service located at amendment in the nature of a substitute and 757 Warren Road in Ithaca, New York, as the nature of a substitute: S. 2688: A bill to amend the Native Amer- an amendment to the title: ‘‘Matthew F. McHugh Post Office’’. ican Languages Act to provide for the sup- S. 2547: A bill to provide for the establish- H.R. 3454: A bill to designate the United ment of the Great Sand Dunes National Park States post office located at 451 College port of Native American Language Survival Schools, and for other purposes (Rept. No. and the Great Sand Dunes National Preserve Street in Macon, Georgia, as the ‘‘Henry in the State of Colorado, and for other pur- McNeal Turner Post Office’’. 106-467). By Mr. THOMPSON, from the Committee poses (Rept. No. 106-479). H.R. 3909: on Governmental Affairs, without amend- By Mr. MURKOWSKI, from the Committee H.R. 3985: A bill to designate the facility of on Energy and Natural Resources, with an the United States Postal Service located at ment: S. 2686: A bill to amend chapter 36 of title amendment in the nature of a substitute: 14900 Southwest 30th Street in Miramar City, 39, United States Code, to modify rates relat- S. 3022: A bill to direct the Secretary of the Florida, as the ‘‘Vicki Coceano Post Office ing to reduced rate mail matter, and for Interior to convey certain irrigation facili- Building’’. ties to the Nampa and Meridian Irrigation H.R. 4157: A bill to designate the facility of other purposes (Rept. No. 106-468). S. 3062: A bill to modify the date on which District (Rept. No. 106-480). the United States Postal Service located at the Mayor of the District of Columbia sub- By Mr. MURKOWSKI, from the Committee 600 Lincoln Avenue in Pasadena, California, mits a performance accountability plan to on Energy and Natural Resources, with an as the ‘‘Matthew ‘Mack’ Robinson Post Of- Congress, and for other purposes. (Rept. No. amendment: fice Building’’. 106-469). H.R. 3023: A bill to authorize the Secretary H.R. 4169: A bill to designate the facility of By Mr. THOMPSON, from the Committee of the Interior, acting through the Bureau of the United States Postal Service located at on Governmental Affairs: Reclamation, to convey property to the 2000 Vassar Street in Reno, Nevada, as the Report to accompany S. 3144, An original Greater Yuma Port Authority of Yuma ‘‘Barbara F. Vucanovich Post Office Build- bill to amend the Inspector General Act of County, Arizona, for use as an international ing’’. 1978 (5 U.S.C. App.) to establish police powers port of entry (Rept. No. 106-481). H.R. 4447: A bill to designate the facility of for certain Inspector General agents engaged By Mr. MURKOWSKI, from the Committee the United States Postal Service located at in official duties and provide an oversight on Energy and Natural Resources, without 919 West 34th Street in Baltimore, Maryland, mechanism for the exercise of those powers amendment and with a preamble: as the ‘‘Samuel H. Lacy, Sr. Post Office (Rept. No. 106-470). H. Con. Res. 89: A concurrent resolution Building’’. By Mr. SMITH, of New Hampshire, from recognizing the Hermann Monument and H.R. 4448: A bill to designate the facility of the Committee on Environment and Public Hermann Heights Park in New Ulm, Min- the United States Postal Service located at Works, with amendments: nesota, as a national symbol of the contribu- 3500 Dolfield Avenue in Baltimore, Maryland, H.R. 34: A bill to direct the Secretary of tions of Americans of German heritage as the ‘‘Judge Robert Bernard Watts, Sr. the Interior to make technical corrections to (Rept. No. 106-482). Post Office Building’’. a map relating to the Coastal Barrier Re- By Mr. THOMPSON, from the Committee H.R. 4449: A bill to designate the facility of sources System (Rept. No. 106-471). on Governmental Affairs, with an amend- the United States Postal Service located at By Mr. SMITH, of New Hampshire, from ment in the nature of a substitute: 1908 North Ellamont Street in Baltimore, the Committee on Environment and Public S. 870: A bill to amend the Inspector Gen- Maryland, as the ‘‘Dr. Flossie McClain Works, without amendment: eral Act of 1978 (5 U.S.C. App.) to increase Dedmond Post Office Building’’. H.R. 4320: A bill to assist in the conserva- the efficiency and accountability of Offices H.R. 4484: A bill to designate the facility of tion of great apes by supporting and pro- of Inspector General within Federal depart- the United States Postal Service located at viding financial resources for the conserva- ments, and for other purposes. 500 North Washington Street in Rockville, tion programs of countries within the range f Maryland, as the ‘‘Everett Alvarez, Jr. Post of great apes and projects of persons with Office Building’’. demonstrated expertise in the conservation H.R. 4517: A bill to designate the facility of INTRODUCTION OF BILLS AND of great apes (Rept. No. 106-472). JOINT RESOLUTIONS the United States Postal Service located at H.R. 4435: A bill to clarify certain bound- 24 Tsienneto Road in Derry, New Hampshire, aries on the map relating to Unit NC01 of the The following bills and joint resolu- as the ‘‘Alan B. Shepard, Jr. Post Office Coastal Barrier Resources System (Rept. No. tions were introduced, read the first Building’’. 106-473). and second times by unanimous con- H.R. 4534: A bill to designate the facility of By Mr. CAMPBELL, from the Committee sent, and referred as indicated: the United States Postal Service located at on Indian Affairs, without amendment: 114 Ridge Street in Lenoir, North Carolina, H.R. 4643: A bill to provide for the settle- By Mr. HATCH: as the ‘‘James T. Broyhill Post Office Build- ment of issues and claims related to the S. 3149. A bill to provide for the collection ing’’. trust lands of the Torres-Martinez Desert of information relating to nonimmigrant for- H.R. 4554: A bill to redesignate the facility Cahuilla Indians, and for other purposes eign students and other exchange program of the United States Postal Service located (Rept. No. 106-474). participants; to the Committee on the Judi- at 1602 Frankford Avenue in Philadelphia, By Mr. ROTH, from the Committee on Fi- ciary. Pennsylvania, as the ‘‘Joseph F. Smith Post nance, with an amendment in the nature of By Mr. MURKOWSKI: Office Building’’. a substitute: S. 3150. A bill to convey certain real prop- H.R. 4615: A bill redesignate the facility of H.R. 4844: A bill to modernize the financing erty located in Tongass National Forest to the United States Postal Service located at of the railroad retirement system and to pro- Daniel J. Gross, Sr., and Douglas K. Gross, 3030 Meredith Avenue in Omaha, Nebraska, vide enhanced benefits to employees and and for other purposes; to the Committee on as the ‘‘Reverend J.C. Wade Post Office’’. beneficiaries (Rept. No. 106-475). Energy and Natural Resources. H.R. 4658: A bill to designate the facility of By Mr. MURKOWSKI, from the Committee By Mr. TORRICELLI: the United States Postal Service located at on Energy and Natural Resources, with an S. 3151. A bill to provide for the abatement 301 Green Street in Fayetteville, North Caro- amendment in the nature of a substitute: of noise and other adverse effects of idling lina, as the ‘‘J.L. Dawkins Post Office Build- S. 2111: A bill to direct the Secretary of train engines, and for other purposes; to the ing’’. Agriculture to convey for fair market value Committee on Finance. H.R. 4884: A bill redesignate the facility of 1.06 acres of land in the San Bernardino Na- By Mr. ROTH (for himself, Mr. MOY- the United States Postal Service located at tional Forest, California, to KATY 101.3 FM, NIHAN, Mr. GRASSLEY, Mr. BAUCUS, 200 West 2nd Street in Royal Oak, Michigan, a California corporation (Rept. No. 106-476). Mr. HATCH, Mr. ROCKEFELLER, Mr. as the ‘‘William S. Broomfield Post Office By Mr. MURKOWSKI, from the Committee MURKOWSKI, Mr. BREAUX, Mr. JEF- Building’’. on Energy and Natural Resources, with an FORDS, Mr. CONRAD, Mr. MACK, Mr. S9702 CONGRESSIONAL RECORD — SENATE October 3, 2000 GRAHAM, Mr. THOMPSON, Mr. KERREY, STATEMENTS ON INTRODUCED District Ranger, Tongass National For- Mr. ROBB, and Mr. BRYAN): BILLS AND JOINT RESOLUTIONS est he wrote ‘‘I was present when Mr. S. 3152. A bill to amend the Internal Rev- By Mr. MURKOWSKI: Bungy, United States Forest Service enue Code of 1986 to provide tax incentives specialist, sawed and chopped open the for distressed areas, and for other purposes; S. 3150. A bill to convey certain real read the first time. property located in Tongass National large spruce tree which the Gross By Mr. DOMENICI: Forest to Daniel J. Gross, Sr., and Brothers had identified from memory S. 3153. A bill to authorize the Secretary of Douglas K. Gross, and for other pur- as being a witness tree. Mr. Bungy the Air Force to convey certain excess per- poses; to the Committee on Energy and verified that the large blaze uncovered sonal property of the Air Force to Roosevelt Natural Resources. was of the exact age that coincided General Hospital, Portales, New Mexico; to with the Gross claim. By counting the the Committee on Armed Services. THE HERITAGE LAND TRANSFER ACT OF 2000 annual growth rings it coincided with By Mr. MOYNIHAN (for himself and Mr. MURKOWSKI. Mr. President, I the many affidavits and statements of Mr. SCHUMER): rise today to introduce the Heritage witness about the Gross claim of home- S. 3154. A bill to establish the Erie Land Transfer Act of 2000. This legisla- Canalway National Heritage Corridor in the stead.’’ tion, while inconsequential when com- There is no question that the family State of New York, and for other purposes; pared to many of the issues we deal to the Committee on Energy and Natural Re- settled on the Green Point property on sources. with in the U.S. Congress, is extremely the Stikine River in the 1930’s. They By Mr. LAUTENBERG: important to two of my oldest con- raised all of their children on their S. 3155. A bill to authorize the President to stituents, Douglas and Daniel Gross. property and were good friends to all award a gold medal on behalf of the Congress These two brothers along with the who lived and worked throughout the to Oskar Schindler and Varian Fry in rec- other members of the Gross family are region. I have in my possession many ognition of their contributions to the Nation amongst Alaska’s earliest pioneers. affidavits, each one testifying to the and humanity; to the Committee on Bank- These two brothers have spent over 80 settlement of the Gross family along ing, Housing, and Urban Affairs. years drawing their existence out of By Mr. LAUTENBERG (for himself, the Stikine River. I offer the following Mrs. BOXER, Mr. KENNEDY, Mr. the harsh Southeastern Alaskan envi- quotations typical of these testaments: WELLSTONE, Mr. DODD, Mr. MOY- ronment. Through all these years, they ‘‘In the early 1930’s I spent a lot of time NIHAN, Mr. SCHUMER, Mr. KERRY, Mr. managed to raise their families and up the Stikine River at the Gross TORRICELLI, Mr. LEAHY, and Mr. contributed to building the great State Ranch. They had a large two story REID): that I have the privilege of rep- home and a huge garden . . .’’ ‘‘I stayed S. 3156. A bill to amend the Endangered resenting. I would also point out that with Mr. and Mrs. Bill Gross in the Species Act of 1973 to ensure the recovery of Douglas and Daniel Gross served our middle thirties. Bessie Gross took care the declining biological diversity of the Nation during World War II at its time United States, to reaffirm and strengthen of my brother Gilbert and I while my the commitment of the United States to pro- of greatest need—now these two vet- mother and father were out fishing, tect wildlife, to safeguard the economic and erans need our help to right a wrong they had a house and garden on the ecological future of children of the United that has been vested upon them river which everyone knows as the States, and to provide certainty to local gov- through no fault of their own. Gross place even to this day . . .’’ ‘‘I ernments, communities, and individuals in ‘‘The Heritage Land Transfer Act of stayed with Bessie Gross and Family their planning and economic development ef- 2000’’ directs the Forest Service to con- during the late 1930’s in their place up forts; to the Committee on Environment and vey 160 acres to Daniel and Douglas Public Works. the river . . .’’ And another from Mr. Gross. This granting of clear title Harry Sundberg, a gillnet fisherman, f would fix a problem that has plagued used to fish in ‘‘what was known lo- the family for the past 20 years. The cally as the Gross homestead.’’ Mr. SUBMISSION OF CONCURRENT AND need for this action arises from the Sundberg goes on to say ‘‘While most SENATE RESOLUTIONS fact that no records remain to substan- people during that period did not file tial the family’s claim that they home- The following concurrent resolutions on the land they occupied, I distinctly steaded on Greens Point in the 1930’s. recall that our conversations included and Senate resolutions were read, and Family homesteading records were de- referred (or acted upon), as indicated: the fact that they had applied for their stroyed when the Gross home burned to application to own property similar to By Mr. HATCH (for himself, Mr. BEN- the ground in 1935–1936 and to make Captain Lee, who owned the property NETT, Mr. STEVENS, Ms. LANDRIEU, matters worse, the Forest Service is Mr. BROWNBACK, Mr. KERRY, Mr. directly south of them on the main- HELMS, Mr. BINGAMAN, Mr. CRAIG, unable to locate any documentation to land.’’ Mr. DURBIN, Mr. L. CHAFEE, Mr. substantiate the Gross family claim. The Homestead Act requires resi- BRYAN, Mr. KERREY, Mr. LOTT, Mrs. With neither title nor documentation, dency for a minimum of 3 years. These HUTCHISON, Mr. KENNEDY, Mr. LEVIN, Doug and Dan Gross are unable to affidavits, and many others, verify the Mrs. BOXER, Mr. WARNER, Mr. ABRA- produce any legal record of ownership Gross families life on this property HAM, Ms. COLLINS, Mr. EDWARDS, Mr. to the land their parents homesteaded. since the early 1930’s. In a letter from GRASSLEY, Mr. DOMENICI, Mr. SES- The paper records, however, are the the Department of Agriculture to Sen- SIONS, Mr. LUGAR, Mr. COCHRAN, Ms. only things missing. The Forest Serv- ator STEVENS they write ‘‘Even though SNOWE, and Mr. THOMAS): S. Res. 364. A resolution commending Syd- ice willingly acknowledges that a large it’s clear the Gross family homesteaded ney, New South Wales, Australia for its suc- body of evidence exists that clearly es- on the property, there is no evidence or cessful conduct of the 2000 Summer Olympic tablishes the fact that the family built record that they completed the process Games and congratulating the United States a home on Greens Point in the 1930’s, to obtain title.’’ Another letter from Olympic Team for its outstanding accom- that they grew and sold vegetables the Department of Agriculture states plishments at those Olympic Games; placed from this farmstead, and that they ‘‘the Forest Service does not and has on the calendar. were good neighbors to many people not refuted your claim that you and/or By Mr. VOINOVICH (for himself, Mr. caught out in our famous Alaskan your family resided at Greens Point in BIDEN, Mr. LUGAR, Mr. HAGEL, Mr. SMITH of Oregon, Mr. LAUTENBERG, storms. While the family and the For- the 1930’s.’’ An Alaska Magazine article and Ms. LANDRIEU): est Service have searched in vain for written in 1984 references the ‘‘Gross S. Res. 365. A resolution expressing the written records, there is one piece of place’’ along the Stikine River. sense of the Senate regarding recent elec- physical evidence to substantiate the The Homestead Act authorized the tions in the Federal Republic of Yugoslavia, family claim. On September 11, 1989, transfer of 160 acre parcels of federal and for other purposes; to the Committee on Alaska State Senator Robin Taylor land to private owners. The Gross Foreign Relations. traveled to the Gross property on the Homestead is 160.8 acres. A tree, both By Mr. MCCONNELL: Stikine River for the purpose of locat- Daniel and Douglas Gross remember S. Con. Res. 141. A concurrent resolution to authorize the printing of copies of the publi- ing a witness tree which would provide being used as a survey marker when cation entitled ‘‘The United States Capitol’’ objective proof to the Gross family they were boys, was examined in 1989 as a Senate document; considered and agreed claim of homestead. In a letter Senator and found to have a flat face blazed to. Taylor sent to Richard Kohrt, Wrangell into the wood approximately 50 years October 3, 2000 CONGRESSIONAL RECORD — SENATE S9703 prior. This is not a coincidence. It is other priorities are marriage tax relief, Sir, we all should be grateful for Sen- proof this land was surveyed when the retirement security, education, estate ator ROTH’s leadership in this matter. family claims it was surveyed. tax relief, small business tax relief, and Community renewal is an effort to re- This family has lived on, and made other items. Community renewal tax build American communities, which is use of this land for 70 years. It is time relief must fit within the overall based on an agreement reached be- for them to be named the legal title framework of the tax relief agenda. tween the President and the Speaker of holders, and to complete the already This Finance Committee bill is fair the House that this is legislation we started process of shuffling paper. and it is in line with the revenue loss ought to have. The signals are clear: of the package, proposed by Senators the legislation will be enacted this By Mr. ROTH (for himself, Mr. SANTORUM, ABRAHAM, and LIEBERMAN, year with or without us. Today, Sen- MOYNIHAN, Mr. GRASSLEY, Mr. which was considered earlier this year ator ROTH and I give a voice in this BAUCUS, Mr. HATCH, Mr. ROCKE- in the Senate. In designing this bill, process to the Finance Committee and FELLER, Mr. MURKOWSKI, Mr. members of the Finance Committee de- the Senate. BREAUX, Mr. JEFFORDS, Mr. cided not to turn this bill into a grab Mr. President, this bill represents the CONRAD, Mr. MACK, Mr. bag of special interest provisions. will of the Finance Committee. It in- GRAHAM, Mr. THOMPSON, Mr. This Finance Committee bill includes corporates the worthwhile ideas of its KERREY, Mr. ROBB, and Mr. a variety of proposals that will further members, including the work of my BRYAN): the bill’s goals of community renewal— good friend, Senator ROBB, who, along S. 3152. A bill to amend the Internal rationalizing and simplifying what was with Senator ROCKEFELLER, has worked Revenue Code of 1986 to provide tax in- and, was proposed to be, a hodge-podge tirelessly to provide meaningful incen- centives for distressed areas, and for of often conflicting provisions. It in- tives for investment in distressed com- other purposes; read the first time. cludes an immediate—let me empha- munities. COMMUNITY RENEWAL AND NEW MARKETS ACT size immediate—increase in the volume I also take a moment of the Senate’s OF 2000 caps for low-income housing tax credits time to echo Senator ROTH’s tribute to Mr. ROTH. Mr. President, today I and private activity bonds. It also ad- Senator John Chafee. It is fitting that am, along with 14 cosponsors from the dresses many, many important prob- we should enact, in a bipartisan bill, Finance Committee, introducing a lems left out of the House and Admin- the tax credit for renovating historic Community Renewal tax reduction bill istration proposal. Among other homes in honor of a great Senator. that will help all America benefit from things, this package contains an en- Substantively, the Community Re- today’s economic boom. ergy and conservation component, a newal legislation is significant in sev- As you know, the House bill em- farm relief component, an Individual eral respects. First, it provides a nota- bodies an agreement between the Development Account proposal, an ex- ble measure of tax simplification, even House and the Administration. Person- tension of the adoption credit and the as it accomplishes a worthwhile goal— ally, I think that it would be wrong for enhanced deduction for computer dona- tax benefits for investment in poor the Senate to be silent in this process. tions, a program to develop high speed communities. While the bill designates It is important for this body to at least rail around the country, and a 30 new ‘‘Renewal Zones,’’ it also con- have a voice in crafting this legisla- broadband Internet incentive that will forms the tax incentives available to tion. make sure that no one gets left on the individuals and businesses investing in While I would have preferred that wrong side of the digital divide. any of the zone designations, current this legislation to have been reported One provision that I particularly or future. Our legislation smartly uni- from the Finance Committee, I believe want to talk about is the tax credit for fies these Empowerment and Renewal my bill represents the Committee’s renovating historic homes. This was Zones and creates a common set of in- will. It is largely composed of the one of Senator John Chafee’s signature centives. This is the right kind of legis- Chairman’s mark and amendments sub- items and I am pleased to include it in lation. mitted by the Committee’s members. the Finance Committee bill, not only I also note, Mr. President, with some Every Member of the Finance Com- because I support it, but as a tribute to appreciation, two provisions that will mittee had input into this bill. In the our good friend. We all know that if he make transportation and data trans- regular course of Finance Committee were here, he would have fought hard mission very quick indeed. The bill in- business, we would have reported this for this tax incentive. cludes provisions to accelerate and ex- bill out of the Committee with an over- In fact, Senator LINCOLN CHAFEE pand access to high-technology infra- whelming vote in support. And the fact came to see me earlier this year. LIN- structure for all communities. First, it that 15 members on both sides of the COLN told that in his dad’s last speech, authorizes $10 billion of tax credit aisle have joined me as original co- John talked about the importance of bonds for Amtrak to develop high- sponsors, I believe, attests to the Fi- the tax credit and said that it was speed railways. High-speed railways nance Committee’s approval of this something he wanted to get done be- have the potential to connect the very legislation. fore he left the Senate. Unfortunately, communities targeted by this legisla- It goes without saying that Amer- he is not with us today, but hopefully tion and provide them with greater ac- ica’s communities are important. I be- we can complete this unfinished busi- cess to information. lieve that there are many ways in ness for him. Second, the bill includes a proposal which we can extend help to them. I This is a fair package and a generous that I first introduced on June 8, 2000. also feel that any time we can work to- package. I believe it is one that this That proposal, which now has 52 Senate gether with the Administration to cut Senate should feel comfortable embrac- supporters, provides graduated tax taxes we must try and see it to fru- ing. I hope each of you who has not credits for deployment of high-speed ition. done so, will do so. communications—called While I listened to the concerns of Mr. MOYNIHAN. Mr. President, last ‘‘broadband’’—to residential and rural every senator—both on and off the Fi- week the Finance Committee was communities. Current market forces nance committee—who approached me scheduled to mark up the ‘‘Community are driving deployment of broadband with a provision in which they were in- Renewal and New Markets Act of 2000,’’ technology almost exclusively to urban terested, I did not incorporate them but the legislation became burdened by businesses and wealthy households. all. I did not because I could not with- extraneous matters, and the Com- The proposal in the bill will encourage out the cost of the bill growing out of mittee was unable to complete the broadband providers to act quickly to control. It is important that we not mark-up. I rise today to join my good deploy broadband to Americans in all forget communities that may not have friend and Chairman of the Finance communities. received as much as others from Amer- Committee, Senator ROTH, in intro- Mr. President, if you will allow me ica’s economic boom. However, it is ducing the ‘‘Community Renewal and one further observation, as I am com- also important that we consider the New Markets Act of 2000’’ as an origi- pelled to compliment the bill in one size of this bill in the context of other nal bill with 15 cosponsors from the Fi- other respect. Consistent with the pur- tax relief priorities that remain. These nance Committee. pose of this legislation, it includes a S9704 CONGRESSIONAL RECORD — SENATE October 3, 2000 tax incentive for investment in labor in ing the extra taxation on savings—a we Subtitle B—Modification of Incentives for Puerto Rico. The provision does not ac- do to the extent that people can make Empowerment Zones complish all that I had hoped it would, deductible contributions to traditional Sec. 111. Extension of empowerment zone but I believe it represents a positive IRAs and contributions to Roth IRAs. treatment through 2009. step forward. It extends to Puerto Rico But to give people money to reward Sec. 112. 15 percent employment credit for all empowerment zones tax incentives for job creation similar them for saving is pure income redis- Sec. 113. Increased expensing under section to the ones in other areas of the bill, tribution, a misuse of the taxpayers’ 179. and it does so, quite simply, through money. Sec. 114. Higher limits on tax-exempt em- an existing tax-code provision, the Despite my disagreement with some powerment zone facility bonds. Puerto Rico economic activity credit. of the provisions of this bill, I am Sec. 115. Empowerment zone capital gain. Mr. President, I again applaud the pleased that the bill contains several Sec. 116. Funding for Round II empowerment leadership of our revered Chairman and initiatives that I have proposed over zones. proudly join him in introducing the the past few Congresses. The Low In- Subtitle C—Modification of Tax Incentives Community Renewal and New Markets come Housing Tax Credit is boosted to for DC Zone Act of 2000. make up for over a decade’s worth of Sec. 121. Extension of DC zone through 2006. Mr. MACK. Mr. President, as a co- inflation, and is indexed to prevent this Sec. 122. Extension of DC zero percent cap- ital gains rate. sponsor of the Community Renewal problem from reoccurring. The First- Sec. 123. Gross income test for DC zone busi- and New Markets Act of 2000, I want to Time Homebuyer Tax Credit for the nesses. commend Chairman ROTH for his usual District of Columbia is extended and Sec. 124. Expansion of DC homebuyer tax fine work in assembling a bill that gar- the marriage penalty in the credit is credit. ners the support of such a large num- eliminated. Section 1706 of the Tax Re- Subtitle D—New Markets Tax Credit ber of our Finance Committee col- form Act of 1986, which discriminates Sec. 131. New markets tax credit. leagues. I am pleased that a number of against high technology workers and Subtitle E—Modification of Tax Incentives items in this bill are provisions that the companies that hire them, is re- for Puerto Rico are extremely important to me, and I pealed. Not-for-hire disaster insurance Sec. 141. Modification of Puerto Rico eco- would like to speak briefly concerning funds, in my state of Florida and sev- nomic activity tax credit. them. eral others, are made tax-exempt enti- Subtitle F—Individual Development But I also want to draw attention to ties. Accounts some provisions in this bill that I do I am most encouraged by the exten- Sec. 151. Definitions. not favor. As this bill stands in the sion of my zero percent capital gains Sec. 152. Structure and administration of place of what would have been a bill re- tax rate proposal to businesses in the qualified individual develop- ported out of the Committee on Fi- entire District of Columbia, and to ment account programs. nance, it reflects the compromises that businesses in all empowerment and re- Sec. 153. Procedures for opening an indi- are inherent in the committee process. newal zones. Although I am concerned vidual development account Unlike typical bills, of which it is rea- that the lengthy, five-year holding pe- and qualifying for matching funds. sonable to assume that every provision riod is unwise and undermines the Sec. 154. Contributions to individual devel- is supported by every co-sponsor, prob- power of the proposal, I am neverthe- opment accounts. ably every co-sponsor of this bill can less pleased that the idea is spreading Sec. 155. Deposits by qualified individual de- find provisions contained in it that he and people are coming to see cap- velopment account programs. does not support. Of many, there are italism as the only true cure for pov- Sec. 156. Withdrawal procedures. two that I find most troubling: the erty. Sec. 157. Certification and termination of Mr. ROTH. Mr. President, along with qualified individual develop- ‘‘new markets tax credit,’’ and the ‘‘in- ment account programs. dividual development accounts.’’ Senator MOYNIHAN and the other mem- Sec. 158. Reporting, monitoring, and evalua- These two provisions are appropria- bers of the committee I ask unanimous tion. tions masquerading as tax cuts. Under consent that S. 3152, the Community Sec. 159. Account funds of program partici- the new markets tax credit, the Sec- Renewal and New Markets Act of 2000 pants disregarded for purposes retary of the Treasury would annually be printed in the RECORD. I also ask of certain means-tested Federal pay dividends to investors in ‘‘commu- unanimous consent that a technical ex- programs. nity development entities,’’ which planation of S. 3152, which has been Sec. 160. Matching funds for individual de- velopment accounts provided must be certified by the Treasury De- prepared by the Joint Committee on through a tax credit for quali- partment and which must have as their Taxation, be printed in the RECORD, at fied financial institutions. primary mission investing in low-in- a cost of $4,290.00, immediately fol- Sec. 161. Designation of earned income tax come people or communities. This pro- lowing the text of the bill. credit payments for deposit to posal is premised on the belief that an There being no objection, the mate- individual development ac- entity that lacks a profit-motive, rial was ordered to be printed in the counts. under federal bureaucratic supervision, RECORD, as follows: Subtitle G—Additional Incentives will be an attractive investment for S. 3152 Sec. 171. Exclusion of certain amounts re- people if dividends are guaranteed. It is Be it enacted by the Senate and House of Rep- ceived under the National the sort of scheme that could only be resentatives of the United States of America in Health Service Corps Scholar- dreamed up by people who have spent Congress assembled, ship Program and the their entire careers in government. A SECTION 1. SHORT TITLE; ETC. F. Edward Hebert Armed Forces Health Professions simpler way to direct capital to invest- (a) SHORT TITLE.—This Act may be cited as the ‘‘Community Renewal and New Markets Scholarship and Financial As- ment-starved pockets is by eliminating Act of 2000’’. sistance Program. the tax on capital gains—this is the de- (b) AMENDMENT OF 1986 CODE.—Except as Sec. 172. Extension of enhanced deduction centralized, market-oriented approach. otherwise expressly provided, whenever in for corporate donations of com- The ‘‘individual development ac- this Act an amendment or repeal is ex- puter technology. counts’’ would launder government- pressed in terms of an amendment to, or re- Sec. 173. Extension of adoption tax credit. matching funds for low income savers peal of, a section or other provision, the ref- Sec. 174. Tax treatment of Alaska Native through financial institutions. This erence shall be considered to be made to a Settlement Trusts. Sec. 175. Treatment of Indian tribal govern- new entitlement cannot be justified. It section or other provision of the Internal Revenue Code of 1986. ments under Federal Unem- is true that, by some measures, the (c) TABLE OF CONTENTS.— ployment Tax Act. savings rate in the United States ap- Sec. 1. Short title; etc. Sec. 176. Increase in social services block pears low. Simple logic dictates that TITLE I—INCENTIVES FOR DISTRESSED grant for FY 2001. the savings rate have been lowered due COMMUNITIES TITLE II—TAX INCENTIVES FOR to federal tax policies, which impose Subtitle A—Designation and Treatment of AFFORDABLE HOUSING several layers of taxation upon income Renewal Zones Subtitle A—Low-Income Housing Credit that is saved. It is one thing to address Sec. 101. Designation and treatment of re- Sec. 201. Modification of State ceiling on this problem at the source, by remov- newal zones. low-income housing credit. October 3, 2000 CONGRESSIONAL RECORD — SENATE S9705

Sec. 202. Modification to rules relating to Sec. 506. Natural gas gathering lines treated ‘‘(A) IN GENERAL.—Except as otherwise pro- basis of building which is eligi- as 7-year property. vided in this section, the nominated areas ble for credit. Sec. 507. Clarification of treatment of pipe- designated as renewal zones under this sub- Subtitle B—Historic Homes line transportation income. section shall be those nominated areas with the highest average ranking with respect to Sec. 211. Tax credit for renovating historic TITLE VI—TAX INCENTIVES FOR the criteria described in subparagraphs (B), homes. CONSERVATION (C), and (D) of subsection (d)(3). For purposes Sec. 601. Exclusion of 50 percent of gain on Subtitle C—Forgiven Mortgage Obligations of the preceding sentence, an area shall be sales of land or interests in land Sec. 221. Exclusion from gross income for ranked within each such criterion on the or water to eligible entities for certain forgiven mortgage obli- basis of the amount by which the area ex- conservation purposes. gations. ceeds such criterion, with the area which ex- Sec. 602. Expansion of estate tax exclusion ceeds such criterion by the greatest amount Subtitle D—Mortgage Revenue Bonds for real property subject to given the highest ranking. Sec. 231. Increase in purchase price limita- qualified conservation ease- ‘‘(B) EXCEPTION WHERE INADEQUATE COURSE tion under mortgage subsidy ment. OF ACTION, ETC.—An area shall not be des- bond rules based on median Sec. 603. Tax exclusion for cost-sharing pay- ignated under subparagraph (A) if the appro- family income. ments under partners for wild- priate Secretary determines that the course Sec. 232. Mortgage financing for residences life program. located in presidentially de- Sec. 604. Incentive for certain energy effi- of action described in subsection (e)(2) with clared disaster areas. cient property used in business. respect to such area is inadequate. ‘‘(C) PRIORITY FOR 1 NOMINATED AREA IN Subtitle E—Property and Casualty Insurance Sec. 605. Extension and modification of tax credit for electricity produced EACH STATE.—For purposes of this sub- Sec. 241. Exemption from income tax for from biomass. chapter, 1 nominated area within each State State-created organizations Sec. 606. Tax credit for certain energy effi- without any area designated as an empower- providing property and cas- cient motor vehicles. ment zone under section 1391 or 1400 shall be ualty insurance for property for treated for purposes of this paragraph as which such coverage is other- TITLE VII—ADDITIONAL TAX having the highest average with respect to wise unavailable. PROVISIONS the criteria described in subparagraphs (B), TITLE III—TAX INCENTIVES FOR URBAN Sec. 701. Limitation on use of nonaccrual ex- (C), and (D) of subsection (d)(3). AND RURAL INFRASTRUCTURE perience method of accounting. ‘‘(4) LIMITATION ON DESIGNATIONS.— Sec. 702. Repeal of section 530(d) of the Rev- Sec. 301. Increase in State ceiling on private ‘‘(A) PUBLICATION OF REGULATIONS.—The enue Act of 1978. activity bonds. Secretary of Housing and Urban Develop- Sec. 703. Expansion of exemption from per- Sec. 302. Modifications to expensing of envi- ment shall prescribe by regulation not later sonal holding company tax for ronmental remediation costs. than 4 months after the date of the enact- lending or finance companies. Sec. 303. Broadband internet access tax cred- ment of this section, after consultation with Sec. 704. Charitable contribution deduction it. the Secretary of Agriculture— for certain expenses incurred in Sec. 304. Credit to holders of qualified Am- ‘‘(i) the procedures for nominating an area support of Native Alaskan sub- trak bonds. under paragraph (1)(A), Sec. 305. Clarification of contribution in aid sistence whaling. ‘‘(ii) the parameters relating to the size of construction. Sec. 705. Imposition of excise tax on persons and population characteristics of a renewal Sec. 306. Recovery period for depreciation of who acquire structured settle- zone, and certain leasehold improve- ment payments in factoring ‘‘(iii) the manner in which nominated areas ments. transactions. will be evaluated based on the criteria speci- fied in subsection (e). TITLE IV—TAX RELIEF FOR FARMERS TITLE I—INCENTIVES FOR DISTRESSED COMMUNITIES ‘‘(B) TIME LIMITATIONS.—The appropriate Sec. 401. Farm, fishing, and ranch risk man- Secretaries may designate nominated areas agement accounts. Subtitle A—Designation and Treatment of Renewal Zones as renewal zones only during the period be- Sec. 402. Written agreement relating to ex- ginning on the first day of the first month clusion of certain farm rental SEC. 101. DESIGNATION AND TREATMENT OF RE- following the month in which the regula- income from net earnings from NEWAL ZONES. tions described in subparagraph (A) are pre- self-employment. (a) IN GENERAL.—Chapter 1 is amended by scribed and ending on December 31, 2001. adding at the end the following new sub- Sec. 403. Treatment of conservation reserve ‘‘(C) PROCEDURAL RULES.—The appropriate program payments as rentals chapter: Secretary shall not make any designation of from real estate. ‘‘Subchapter X—Designation and Treatment a nominated area as a renewal zone under Sec. 404. Exemption of agricultural bonds of Renewal Zones paragraph (2) unless— from State volume cap. ‘‘Sec. 1400E. Designation and treatment of ‘‘(i) the local governments and the States Sec. 405. Modifications to section 512(b)(13). renewal zones. in which the nominated area is located have Sec. 406. Charitable deduction for contribu- the authority— tions of food inventory. ‘‘SEC. 1400E. DESIGNATION AND TREATMENT OF RENEWAL ZONES. ‘‘(I) to nominate such area for designation Sec. 407. Income averaging for farmers and ‘‘(a) TREATMENT OF DESIGNATION.—For pur- as a renewal zone, fishermen not to increase alter- poses of this title, any area designated as a ‘‘(II) to make the State and local commit- native minimum tax liability. renewal zone under this section shall be ments described in subsection (e), and Sec. 408. Cooperative marketing includes treated as an empowerment zone. ‘‘(III) to provide assurances satisfactory to value-added processing through ‘‘(b) DESIGNATION.— the appropriate Secretary that such commit- animals. ‘‘(1) RENEWAL ZONE DEFINED.—For purposes ments will be fulfilled, Sec. 409. Declaratory judgment relief for of this title, the term ‘renewal zone’ means ‘‘(ii) a nomination regarding such area is section 521 cooperatives. any area— submitted in such a manner and in such Sec. 410. Small ethanol producer credit. ‘‘(A) which is nominated by one or more form, and contains such information, as the Sec. 411. Payment of dividends on stock of local governments and the State or States in appropriate Secretary shall by regulation cooperatives without reducing which it is located for designation as a re- prescribe, and patronage dividends. newal zone (hereafter in this section referred ‘‘(iii) the appropriate Secretary determines TITLE V—TAX INCENTIVES FOR THE to as a ‘nominated area’), and that any information furnished is reasonably PRODUCTION OF ENERGY ‘‘(B) which the appropriate Secretary des- accurate. Sec. 501. Election to expense geological and ignates as a renewal zone. ‘‘(5) NOMINATION PROCESS FOR INDIAN RES- geophysical expenditures. ‘‘(2) NUMBER OF DESIGNATIONS.— ERVATIONS.—For purposes of this subchapter, Sec. 502. Election to expense delay rental ‘‘(A) IN GENERAL.—The appropriate Secre- in the case of a nominated area on an Indian payments taries may designate not more than 30 nomi- reservation, the reservation governing body Sec. 503. 5-year net operating loss carryback nated areas as renewal zones. (as determined by the Secretary of the Inte- for losses attributable to oper- ‘‘(B) MINIMUM DESIGNATION IN RURAL rior) shall be treated as being both the State ating mineral interests of inde- AREAS.—Of the areas designated under sub- and local governments with respect to such pendent oil and gas producers. paragraph (A), at least 6 must be areas— area. Sec. 504. Temporary suspension of percent- ‘‘(i) which are within a local government ‘‘(c) PERIOD FOR WHICH DESIGNATION ISIN age of depletion deduction limi- jurisdiction or jurisdictions with a popu- EFFECT.— tation based on 65 percent of lation of less than 50,000, or ‘‘(1) IN GENERAL.—Any designation of an taxable income. ‘‘(ii) which satisfy the requirements of sec- area as a renewal zone shall remain in effect Sec. 505. Tax credit for marginal domestic tion 1393(a)(2). during the period beginning on January 1, oil and natural gas well produc- ‘‘(3) AREAS DESIGNATED BASED ON DEGREE 2002, and ending on the earliest of— tion. OF POVERTY, ETC.— ‘‘(A) December 31, 2009, S9706 CONGRESSIONAL RECORD — SENATE October 3, 2000

‘‘(B) the termination date designated by (3), take into account the existence of out- ‘‘(4) APPLICATION OF RULES RELATING TO the State and local governments in their migration from the area. CENSUS TRACTS.—The rules of section nomination, or 1392(b)(4) shall apply. ‘‘(e) REQUIRED STATE AND LOCAL COMMIT- ‘‘(C) the date the appropriate Secretary re- ‘‘(5) CENSUS DATA.—Population and poverty MENTS.— vokes such designation. rate shall be determined by using 1990 census ‘‘(1) IN GENERAL.—The appropriate Sec- ‘‘(2) REVOCATION OF DESIGNATION.—The ap- retary may designate any nominated area as data.’’. (b) AUDIT AND REPORT.—Not later than propriate Secretary may revoke the designa- a renewal zone under subsection (b) only if January 31 of 2004, 2007, and 2010, the Comp- tion under this section of an area if such the local government and the State in which troller General of the United States shall, Secretary determines that the local govern- the area is located agree in writing that, pursuant to an audit of the renewal zone pro- ment or the State in which the area is during any period during which the area is a gram established under section 1400E of the located— renewal zone, such governments will follow a Internal Revenue Code of 1986 (as added by ‘‘(A) has modified the boundaries of the specified course of action which meets the subsection (a)), report to Congress on such area, or requirements of paragraph (2) and is designed program and its effect on poverty, unemploy- ‘‘(B) is not complying substantially with, to reduce the various burdens borne by em- ment, and economic growth within the des- or fails to make progress in achieving, the ployers or employees in such area. State or local commitments, respectively, ignated renewal zones. ‘‘(2) COURSE OF ACTION.— described in subsection (e). (c) CLERICAL AMENDMENT.—The table of ‘‘(A) IN GENERAL.—A course of action meets subchapters for chapter 1 is amended by add- ‘‘(d) AREA AND ELIGIBILITY REQUIRE- the requirements of this paragraph if such ing at the end the following new item: MENTS.— course of action is a written document, ‘‘(1) IN GENERAL.—The appropriate Sec- signed by a State (or local government) and ‘‘Subchapter X. Designation and Treatment retary may designate a nominated area as a neighborhood organizations, which evidences of Renewal Zones.’’. renewal zone under subsection (b) only if the a partnership between such State or govern- Subtitle B—Modification of Incentives for area meets the requirements of paragraphs ment and community-based organizations Empowerment Zones (2) and (3) of this subsection. and which commits each signatory to spe- SEC. 111. EXTENSION OF EMPOWERMENT ZONE ‘‘(2) AREA REQUIREMENTS.—A nominated cific and measurable goals, actions, and TREATMENT THROUGH 2009. area meets the requirements of this para- timetables. Such course of action shall in- Subparagraph (A) of section 1391(d)(1) (re- graph if— clude at least 4 of the following: lating to period for which designation is in ‘‘(A) the area is within the jurisdiction of ‘‘(i) A reduction of tax rates or fees apply- effect) is amended to read as follows: one or more local governments, ing within the renewal zone. ‘‘(A)(i) in the case of an empowerment ‘‘(B) the boundary of the area is contin- ‘‘(ii) An increase in the level of efficiency zone, December 31, 2009, or uous, and of local services within the renewal zone. ‘‘(ii) in the case of an enterprise commu- ‘‘(C) the area— ‘‘(iii) Crime reduction strategies, such as nity, the close of the 10th calendar year be- ‘‘(i) has a population of not more than crime prevention (including the provision of ginning on or after such date of designa- 200,000 and at least— crime prevention services by nongovern- tion,’’. ‘‘(I) 4,000 if any portion of such area (other mental entities). SEC. 112. 15 PERCENT EMPLOYMENT CREDIT FOR than a rural area described in subsection ‘‘(iv) Actions to reduce, remove, simplify, ALL EMPOWERMENT ZONES (b)(2)(B)(i)) is located within a metropolitan or streamline governmental requirements (a) 15 PERCENT CREDIT.—Subsection (b) of statistical area (within the meaning of sec- applying within the renewal zone. section 1396 (relating to empowerment zone tion 143(k)(2)(B)) which has a population of ‘‘(v) Involvement in the program by pri- employment credit) is amended— 50,000 or greater, or vate entities, organizations, neighborhood (1) by striking paragraph (1) and inserting ‘‘(II) 1,000 in any other case, or organizations, and community groups, par- the following new paragraph: ‘‘(ii) is entirely within an Indian reserva- ticularly those in the renewal zone, includ- ‘‘(1) IN GENERAL.—Except as provided in tion (as determined by the Secretary of the ing a commitment from such private entities paragraph (2), the applicable percentage is 15 Interior). to provide jobs and job training for, and percent.’’, ‘‘(3) ELIGIBILITY REQUIREMENTS.—A nomi- technical, financial, or other assistance to, (2) by inserting ‘‘and thereafter’’ after nated area meets the requirements of this employers, employees, and residents from ‘‘2005’’ in the table contained in paragraph paragraph if the State and the local govern- the renewal zone. (2), and ments in which it is located certify in writ- ‘‘(vi) The gift (or sale at below fair market (3) by striking the items relating to cal- ing (and the appropriate Secretary, after value) of surplus real property (such as land, endar years 2006 and 2007 in such table. such review of supporting data as such Sec- homes, and commercial or industrial struc- (b) ALL EMPOWERMENT ZONES ELIGIBLE FOR retary deems appropriate, accepts such cer- tures) in the renewal zone to neighborhood CREDIT.—Section 1396 is amended by striking tification) that— organizations, community development cor- subsection (e). ‘‘(A) the area is one of pervasive poverty, porations, or private companies. (c) CONFORMING AMENDMENT.—Subsection unemployment, and general distress, ‘‘(B) RECOGNITION OF PAST EFFORTS.—For (d) of section 1400 is amended to read as fol- ‘‘(B) the unemployment rate in the area, as purposes of this section, in evaluating the lows: determined by the most recent available course of action agreed to by any State or ‘‘(d) SPECIAL RULE FOR APPLICATION OF EM- 1 data, was at least 1 ⁄2 times the national un- local government, the appropriate Secretary PLOYMENT CREDIT.—With respect to the DC employment rate for the period to which shall take into account the past efforts of Zone, section 1396(d)(1)(B) (relating to em- such data relate, such State or local government in reducing powerment zone employment credit) shall be ‘‘(C) the poverty rate for each population the various burdens borne by employers and applied by substituting ‘the District of Co- census tract within the nominated area is at employees in the area involved. lumbia’ for ‘such empowerment zone’.’’. least 20 percent, and (d) EFFECTIVE DATE.—The amendments ‘‘(f) COORDINATION WITH TREATMENT OF EN- ‘‘(D) in the case of an urban area, at least made by this section shall apply to wages 70 percent of the households living in the TERPRISE COMMUNITIES.—For purposes of this title, the designation under section 1391 of paid or incurred after December 31, 2001. area have incomes below 80 percent of the SEC. 113. INCREASED EXPENSING UNDER SEC- median income of households within the ju- any area as an enterprise community shall cease to be in effect as of the date that the TION 179. risdiction of the local government (deter- (a) IN GENERAL.—Subparagraph (A) of sec- mined in the same manner as under section designation of any portion of such area as a renewal zone takes effect. tion 1397A(a)(1) is amended by striking 119(b)(2) of the Housing and Community De- ‘‘$20,000’’ and inserting ‘‘$35,000’’. velopment Act of 1974). ‘‘(g) DEFINITIONS AND SPECIAL RULES.—For (b) EXPENSING FOR PROPERTY USED IN DE- ‘‘(4) CONSIDERATION OF OTHER FACTORS.— purposes of this subchapter— VELOPABLE SITES.—Section 1397A is amended The appropriate Secretary, in selecting any ‘‘(1) APPROPRIATE SECRETARY.—The term by striking subsection (c). nominated area for designation as a renewal ‘appropriate Secretary’ has the meaning (c) EFFECTIVE DATE.—The amendments zone under this section— given such term by section 1393(a)(1). made by this section shall apply to taxable ‘‘(A) shall take into account— ‘‘(2) GOVERNMENTS.—If more than one gov- years beginning after December 31, 2001. ‘‘(i) the extent to which such area has a ernment seeks to nominate an area as a re- SEC. 114. HIGHER LIMITS ON TAX-EXEMPT EM- high incidence of crime, newal zone, any reference to, or requirement POWERMENT ZONE FACILITY ‘‘(ii) if such area has census tracts identi- of, this section shall apply to all such gov- BONDS. fied in the May 12, 1998, report of the General ernments. (a) IN GENERAL.—Paragraph (3) of section Accounting Office regarding the identifica- ‘‘(3) LOCAL GOVERNMENT.—The term ‘local 1394(f) (relating to bonds for empowerment tion of economically distressed areas, or government’ means— zones designated under section 1391(g)) is ‘‘(iii) if such area (or portion thereof) has ‘‘(A) any county, city, town, township, par- amended to read as follows: previously been designated as an enterprise ish, village, or other general purpose polit- ‘‘(3) EMPOWERMENT ZONE FACILITY BOND.— community under section 1391, and ical subdivision of a State, and For purposes of this subsection, the term ‘‘(B) with respect to 1 of the areas to be ‘‘(B) any combination of political subdivi- ‘empowerment zone facility bond’ means any designated under subsection (b)(2)(B), may, sions described in subparagraph (A) recog- bond which would be described in subsection in lieu of any criteria described in paragraph nized by the appropriate Secretary. (a) if— October 3, 2000 CONGRESSIONAL RECORD — SENATE S9707 ‘‘(A) in the case of obligations issued be- tion (December 31, 2001, in the case of a re- actment of this section (January 1, 2002, in fore January 1, 2002, only empowerment newal zone) and before January 1, 2010, at its the case of a renewal zone) or after December zones designated under section 1391(g) were original issue (directly or through an under- 31, 2014. taken into account under sections 1397C and writer) from the corporation solely in ex- ‘‘(3) CERTAIN RULES TO APPLY.—Rules simi- 1397D, and change for cash, lar to the rules of paragraphs (3), (4), and (5) ‘‘(B) in the case of obligations issued after ‘‘(ii) as of the time such stock was issued, of section 1400B(e) shall apply for purposes of December 31, 2001, all empowerment zones such corporation was an enterprise zone this subsection. (other than the District of Columbia) were business (or, in the case of a new corpora- ‘‘(d) CERTAIN RULES TO APPLY.—For pur- taken into account under sections 1397C and tion, such corporation was being organized poses of this section, rules similar to the 1397D.’’. for purposes of being an enterprise zone busi- rules of paragraphs (5), (6), and (7) of sub- (b) EFFECTIVE DATE.—The amendments ness), and section (b), and subsections (f ) and (g), of made by this section shall apply to obliga- ‘‘(iii) during substantially all of the tax- section 1400B shall apply; except that for tions issued after December 31, 2001. payer’s holding period for such stock, such such purposes section 1400B(g)(2) shall be ap- SEC. 115. EMPOWERMENT ZONE CAPITAL GAIN. corporation qualified as an enterprise zone plied by substituting— (a) IN GENERAL.—Part III of subchapter U business. ‘‘(1) ‘the day after the date of the enact- of chapter 1 is amended— ‘‘(B) REDEMPTIONS.—A rule similar to the ment of section 1397B’ for ‘January 1, 1998’, (1) by redesignating subpart C as subpart rule of section 1202(c)(3) shall apply for pur- and D; poses of this paragraph. ‘‘(2) ‘December 31, 2014’ for ‘December 31, (2) by redesignating sections 1397B and ‘‘(3) QUALIFIED EMPOWERMENT ZONE PART- 2011’. 1397C as sections 1397C and 1397D, respec- NERSHIP INTEREST.—The term ‘qualified em- ‘‘(e) REGULATIONS.—The Secretary shall tively; and powerment zone partnership interest’ means prescribe such regulations as may be appro- (3) by inserting after subpart B the fol- any capital or profits interest in a domestic priate to carry out the purposes of this sec- lowing new subpart: partnership if— tion, including regulations to prevent the ‘‘Subpart C—Empowerment Zone Capital ‘‘(A) such interest is acquired by the tax- avoidance of the purposes of this section.’’. Gain payer after the date of the enactment of this (b) CONFORMING AMENDMENTS.— ‘‘Sec. 1397B. Empowerment zone capital gain. section (December 31, 2001, in the case of a (1) Paragraph (2) of section 1394(b) is ‘‘SEC. 1397B. EMPOWERMENT ZONE CAPITAL renewal zone) and before January 1, 2010, amended— GAIN. from the partnership solely in exchange for (A) by striking ‘‘section 1397C’’ and insert- ‘‘(a) GENERAL RULE.—Gross income shall cash, ing ‘‘section 1397D’’; and not include qualified capital gain from the ‘‘(B) as of the time such interest was ac- (B) by striking ‘‘section 1397C(a)(2)’’ and sale or exchange of any qualified empower- quired, such partnership was an enterprise inserting ‘‘section 1397D(a)(2)’’. ment zone asset held for more than 5 years. zone business (or, in the case of a new part- (2) Paragraph (3) of section 1394(b) is ‘‘(b) PER TAXPAYER LIMITATION.— nership, such partnership was being orga- amended— ‘‘(1) IN GENERAL.—The amount of eligible nized for purposes of being an enterprise zone (A) by striking ‘‘section 1397B’’ each place gain which may be taken into account under business), and it appears and inserting ‘‘section 1397C’’; and subsection (a) for the taxable year with re- ‘‘(C) during substantially all of the tax- (B) by striking ‘‘section 1397B(d)’’ and in- spect to any taxpayer shall not exceed payer’s holding period for such interest, such serting ‘‘section 1397C(d)’’. $25,000,000, reduced by the aggregate amount partnership qualified as an enterprise zone (3) Sections 1400(e) and 1400B(c) are each of eligible gain taken into account under business. amended by striking ‘‘section 1397B’’ each subsection (a) for prior taxable years with place it appears and inserting ‘‘section A rule similar to the rule of section 1202(c)(3) respect to such taxpayer. 1397C’’. shall apply for purposes of this paragraph. ‘‘(2) ELIGIBLE GAIN.—For purposes of this (4) The table of subparts for part III of sub- ‘‘(4) QUALIFIED EMPOWERMENT ZONE BUSI- subsection, ‘eligible gain’’ means any gain chapter U of chapter 1 is amended by strik- NESS PROPERTY.— from the sale or exchange of a qualified em- ing the last item and inserting the following ‘‘(A) IN GENERAL.—The term ‘qualified em- powerment zone asset held for more than 5 new items: years. powerment zone business property’ means tangible property if— ‘‘Subpart C. Empowerment zone capital gain. ‘‘(3) TREATMENT OF MARRIED INDIVIDUALS.— ‘‘(i) such property was acquired by the tax- ‘‘(A) SEPARATE RETURNS.—In the case of a ‘‘Subpart D. General provisions.’’. payer by purchase (as defined in section separate return by a married individual, (5) The table of sections for subpart D of 179(d)(2)) after the date of the enactment of paragraph (1) shall be applied by substituting such part III is amended to read as follows: ‘$12,500,000’ for ‘$25,000,000’. this section (December 31, 2001, in the case of ‘‘Sec. 1397C. Enterprise zone business de- ‘‘(B) ALLOCATION OF EXCLUSION.—In the a renewal zone) and before January 1, 2010, fined. case of a joint return, the amount of gain ‘‘(ii) the original use of such property in taken into account under subsection (a) shall the empowerment zone commences with the ‘‘Sec. 1397D. Qualified zone property de- be allocated equally between the spouses for taxpayer, and fined.’’. purposes of applying this subsection to sub- ‘‘(iii) during substantially all of the tax- (c) EFFECTIVE DATE.—The amendments sequent taxable years. payer’s holding period for such property, made by this section shall apply to qualified ‘‘(C) MARITAL STATUS.—For purposes of substantially all of the use of such property empowerment zone assets acquired after the this subsection, marital status shall be de- was in an enterprise zone business of the tax- date of the enactment of this Act. termined under section 7703. payer. SEC. 116. FUNDING FOR ROUND II EMPOWER- ‘‘(4) TREATMENT OF CORPORATE TAX- ‘‘(B) SPECIAL RULE FOR SUBSTANTIAL IM- MENT ZONES. PAYERS.—For purposes of this subsection— PROVEMENTS.—The requirements of clauses (a) ENTITLEMENT.—Section 2007(a)(1) of the ‘‘(A) all corporations which are members of (i) and (ii) of subparagraph (A) shall be treat- Social Security Act (42 U.S.C. 1397f(a)(1)) is the same controlled group of corporations ed as satisfied with respect to— amended— (within the meaning of section 52(a)) shall be ‘‘(i) property which is substantially im- (1) in subparagraph (A), by striking ‘‘in the treated as 1 taxpayer, and proved by the taxpayer before January 1, State; and’’ and inserting ‘‘that is in the ‘‘(B) any gain excluded under subsection 2010, and State and is designated pursuant to section (a) by a predecessor of any C corporation ‘‘(ii) any land on which such property is lo- 1391(b) of the Internal Revenue Code of shall be treated as having been excluded by cated. 1986;’’; and such C corporation. The determination of whether a property is (2) by adding after subparagraph (B) the ‘‘(c) QUALIFIED EMPOWERMENT ZONE substantially improved shall be made under following new subparagraphs: ASSET.—For purposes of this section— clause (ii) of section 1400B(b)(4)(B), except ‘‘(C)(i) 1 grant under this section for each ‘‘(1) IN GENERAL.—The term ‘qualified em- that ‘the date of the enactment of this sec- qualified empowerment zone that is in an powerment zone asset’ means— tion’ shall be substituted for ‘December 31, urban area in the State and is designated ‘‘(A) any qualified empowerment zone 1997’ in such clause. pursuant to section 1391(g) of such Code; and stock, ‘‘(c) QUALIFIED CAPITAL GAIN.—For pur- ‘‘(ii) 1 grant under this section for each ‘‘(B) any qualified empowerment zone part- poses of this section— qualified empowerment zone that is in a nership interest, and ‘‘(1) IN GENERAL.—Except as otherwise pro- rural area in the State and is designated pur- ‘‘(C) any qualified empowerment zone busi- vided in this subsection, the term ‘qualified suant to section 1391(g) of such Code; and ness property. capital gain‘ means any gain recognized on ‘‘(D) 1 grant under this section for each ‘‘(2) QUALIFIED EMPOWERMENT ZONE the sale or exchange of— qualified enterprise community that is in STOCK.— ‘‘(A) a capital asset, or the State, is designated pursuant to section ‘‘(A) IN GENERAL.—Except as provided in ‘‘(B) property used in the trade or business 1391(b)(1) of such Code, and is in existence on subparagraph (B), the term ‘qualified em- (as defined in section 1231(b)). the date of enactment of this subpara- powerment zone stock’ means any stock in a ‘‘(2) GAIN BEFORE EFFECTIVE DATE OR AFTER graph.’’. domestic corporation if— 2014 NOT QUALIFIED.—The term ‘qualified cap- (b) AMOUNT OF GRANTS.—Section 2007(a)(2) ‘‘(i) such stock is acquired by the taxpayer ital gain’ shall not include any gain attrib- of the Social Security Act (42 U.S.C. after the date of the enactment of this sec- utable to periods before the date of the en- 1397f(a)(2)) is amended— S9708 CONGRESSIONAL RECORD — SENATE October 3, 2000 (1) in the heading of subparagraph (A), by ‘‘(I) included in the strategic plan of the on modified adjusted gross income) is inserting ‘‘ORIGINAL’’ before ‘‘EMPOWER- qualified empowerment zone or qualified en- amended— MENT’’; terprise community, consistent with this (1) by striking ‘‘$110,000’’ in subparagraph (2) in subparagraph (A), in the matter pre- section; and (A)(i) and inserting ‘‘$140,000’’, and ceding clause (i), by inserting ‘‘referred to in ‘‘(II) approved by the Secretary of Agri- (2) by inserting ‘‘($40,000 in the case of a paragraph (1)(A)’’ after ‘‘empowerment culture, in the case of a qualified empower- joint return)’’ after ‘‘$20,000’’ in subpara- zone’’; ment zone or qualified enterprise community graph (B). (3) by redesignating subparagraph (C) as in a rural area, or the Secretary of Housing (c) EFFECTIVE DATE.—The amendments subparagraph (F); and and Urban Development, in the case of a made by this section shall apply to taxable (4) by inserting after subparagraph (B) the qualified empowerment zone or qualified en- years beginning after December 31, 2000. following new subparagraphs: terprise community in an urban area. Subtitle D—New Markets Tax Credit ‘‘(C) ADDITIONAL EMPOWERMENT GRANTS.— ‘‘(B) RULES OF INTERPRETATION.— SEC. 131. NEW MARKETS TAX CREDIT. The amount of the grant to a State under ‘‘(i) If grant under this section is made di- (a) IN GENERAL.—Subpart D of part IV of this section for a qualified empowerment rectly to the governing body of an Indian subchapter A of chapter 1 (relating to busi- zone referred to in paragraph (1)(C) shall be— tribe under subparagraph (A), the tribe shall ness-related credits) is amended by adding at ‘‘(i) if the zone is in an urban area, be considered a State for purposes of this the end the following new section: $5,000,000 for fiscal year 2001; or section. ‘‘SEC. 45D. NEW MARKETS TAX CREDIT. ‘‘(ii) if the zone is in a rural area, $2,000,000 ‘‘(ii) This subparagraph shall not be con- ‘‘(a) ALLOWANCE OF CREDIT.— for fiscal year 2001. strued as making applicable to this section ‘‘(1) IN GENERAL.—For purposes of section ‘‘(D) ADDITIONAL ENTERPRISE COMMUNITY the provisions of the Indian Self-Determina- 38, in the case of a taxpayer who holds a GRANTS.—The amount of the grant to a State tion and Education Assistance Act.’’. qualified equity investment on a credit al- under this section for a qualified enterprise (2) DEFINITIONS.—Section 2007(f) of such lowance date of such investment which oc- community referred to in paragraph (1)(D) Act (42 U.S.C. 1397f(f)) is amended by adding curs during the taxable year, the new mar- shall be $250,000.’’. at the end the following new paragraph: kets tax credit determined under this section (c) TIMING OF GRANTS.—Section 2007(a)(3) of ‘‘(7) INDIAN TRIBE.—The term ‘Indian tribe’ for such taxable year is an amount equal to the Social Security Act (42 U.S.C. 1397f(a)(3)) means any Indian tribe, band, nation, or is amended— the applicable percentage of the amount paid other organized group or community, includ- (1) in the heading of subparagraph (A), by to the qualified community development en- ing any Alaska Native village or regional or tity for such investment at its original issue. inserting ‘‘ORIGINAL’’ before ‘‘QUALIFIED’’; village corporation as defined in or estab- (2) in subparagraph (A), in the matter pre- ‘‘(2) APPLICABLE PERCENTAGE.—For pur- lished pursuant to the Alaska Native Claims ceding clause (i), by inserting ‘‘referred to in poses of paragraph (1), the applicable per- Settlement Act, which is recognized as eligi- paragraph (1)(A)’’ after ‘‘empowerment centage is— ble for the special programs and services pro- zone’’; and ‘‘(A) 5 percent with respect to the first vided by the United States to Indians be- (3) by adding after subparagraph (B) the three credit allowance dates, and cause of their status as Indians.’’. following new subparagraphs: ‘‘(B) 6 percent with respect to the remain- der of the credit allowance dates. ‘‘(C) ADDITIONAL QUALIFIED EMPOWERMENT Subtitle C—Modification of Tax Incentives ‘‘(3) CREDIT ALLOWANCE DATE.—For pur- ZONES.—With respect to each qualified em- for DC Zone powerment zone referred to in paragraph SEC. 121. EXTENSION OF DC ZONE THROUGH 2006. poses of paragraph (1), the term ‘credit al- (1)(C), the Secretary shall make 1 grant (a) IN GENERAL.—The following provisions lowance date’ means, with respect to any under this section to the State in which the are amended by striking ‘‘2002’’ each place it qualified equity investment— zone lies, on January 1, 2002. appears and inserting ‘‘2006’’: ‘‘(A) the date on which such investment is initially made, and ‘‘(D) ADDITIONAL QUALIFIED ENTERPRISE (1) Section 1400(f). ‘‘(B) each of the six anniversary dates of COMMUNITIES.—With respect to each qualified (2) Section 1400A(b). enterprise community referred to in para- (b) ZERO CAPITAL GAINS RATE.—Section such date thereafter. ‘‘(b) QUALIFIED EQUITY INVESTMENT.—For graph (1)(D), the Secretary shall make 1 1400B (relating to zero percent capital gains purposes of this section— grant under this section to the State in rate) is amended— ‘‘(1) IN GENERAL.—The term ‘qualified eq- which the community lies on January 1, (1) by striking ‘‘2003’’ each place it appears uity investment’ means any equity invest- 2002.’’. and inserting ‘‘2007’’, and ment in a qualified community development (d) FUNDING.—Section 2007(a)(4) of the So- (2) by striking ‘‘2007’’ each place it appears cial Security Act (42 U.S.C. 1397f(a)(4)) is and inserting ‘‘2011’’. entity if— amended— SEC. 122. EXTENSION OF DC ZERO PERCENT CAP- ‘‘(A) such investment is acquired by the (1) by striking ‘‘(4) FUNDING.— ITAL GAINS RATE. taxpayer at its original issue (directly or $1,000,000,000’’ and inserting the following: (a) IN GENERAL.—Section 1400B (relating to through an underwriter) solely in exchange ‘‘(4) FUNDING.— zero percent capital gains rate) is amended for cash, ‘‘(A) ORIGINAL GRANTS.—$1,000,000,000’’; by adding at the end the following new sub- ‘‘(B) substantially all of such cash is used (2) by inserting ‘‘for empowerment zones section: by the qualified community development en- and enterprise communities described in sub- ‘‘(h) EXTENSION TO ENTIRE DISTRICT OF CO- tity to make qualified low-income commu- LUMBIA.—In applying this section to any paragraphs (A) and (B) of paragraph (1)’’ be- nity investments, and stock or partnership interest which is origi- fore the period; and ‘‘(C) such investment is designated for pur- nally issued after December 31, 2000, or any (3) by adding after and below the end the poses of this section by the qualified commu- tangible property acquired by the taxpayer following new subparagraphs: nity development entity. by purchase after December 31, 2000— ‘‘(B) ADDITIONAL EMPOWERMENT ZONE Such term shall not include any equity in- ‘‘(1) subsection (d) shall be applied without GRANTS.—$85,000,000 shall be made available vestment issued by a qualified community regard to paragraph (2) thereof, and to the Secretary for grants under this sec- development entity more than 5 years after ‘‘(2) subsections (e)(2) and (g)(2) shall be ap- tion for empowerment zones referred to in the date that such entity receives an alloca- plied by substituting ‘January 1, 2001’ for paragraph (1)(C). tion under subsection (f). Any allocation not ‘January 1, 1998’.’’. ‘‘(C) ADDITIONAL ENTERPRISE COMMUNITY used within such 5-year period may be reallo- (b) EFFECTIVE DATE.—The amendment cated by the Secretary under subsection (f). GRANTS.—$22,000,000 shall be made available made by this section shall take effect on ‘‘(2) LIMITATION.—The maximum amount of to the Secretary for grants under this sec- January 1, 2001. tion for enterprise communities referred to equity investments issued by a qualified SEC. 123. GROSS INCOME TEST FOR DC ZONE community development entity which may in paragraph (1)(D).’’. BUSINESSES. (e) DIRECT FUNDING FOR INDIAN TRIBES.— be designated under paragraph (1)(C) by such (a) IN GENERAL.—Section 1400B(c) (defining (1) IN GENERAL.—Section 2007(a) of the So- DC Zone business) is amended by adding entity shall not exceed the portion of the cial Security Act (42 U.S.C. 1397f(a)) is ‘‘and’’ at the end of paragraph (1), by strik- limitation amount allocated under sub- amended by adding at the end the following ing paragraph (2), and by redesignating para- section (f) to such entity. new paragraph: graph (3) as paragraph (2). ‘‘(3) SAFE HARBOR FOR DETERMINING USE OF ‘‘(5) DIRECT FUNDING FOR INDIAN TRIBES.— (b) EFFECTIVE DATE.—The amendment CASH.—The requirement of paragraph (1)(B) ‘‘(A) IN GENERAL.—The Secretary may made by this section shall apply to stock and shall be treated as met if at least 85 percent make a grant under this section directly to partnership interests originally issued after, of the aggregate gross assets of the qualified the governing body of an Indian tribe if— and property originally acquired by the tax- community development entity are invested ‘‘(i) the tribe is identified in the strategic payer after, December 31, 2000. in qualified low-income community invest- plan of a qualified empowerment zone or SEC. 124. EXPANSION OF DC HOMEBUYER TAX ments. qualified enterprise community as the entity CREDIT. ‘‘(4) TREATMENT OF SUBSEQUENT PUR- that assumes sole or primary responsibility (a) EXTENSION.—Section 1400C(i) (relating CHASERS.—The term ‘qualified equity invest- for carrying out activities and projects under to application of section) is amended by ment’ includes any equity investment which the grant; and striking ‘‘2002’’ and inserting ‘‘2004’’. would (but for paragraph (1)(A)) be a quali- ‘‘(ii) the grant is to be used for activities (b) EXPANSION OF INCOME LIMITATION.—Sec- fied equity investment in the hands of the and projects that are— tion 1400C(b)(1) (relating to limitation based taxpayer if such investment was a qualified October 3, 2000 CONGRESSIONAL RECORD — SENATE S9709

equity investment in the hands of a prior erty of such entity is attributable to non- ‘‘(3) CARRYOVER OF UNUSED LIMITATION.—If holder. qualified financial property (as defined in the new markets tax credit limitation for ‘‘(5) REDEMPTIONS.—A rule similar to the section 1397C(e)). any calendar year exceeds the aggregate rule of section 1202(c)(3) shall apply for pur- ‘‘(B) PROPRIETORSHIP.—Such term shall in- amount allocated under paragraph (2) for poses of this subsection. clude any business carried on by an indi- such year, such limitation for the succeeding ‘‘(6) EQUITY INVESTMENT.—The term ‘equity vidual as a proprietor if such business would calendar year shall be increased by the investment’ means— meet the requirements of subparagraph (A) amount of such excess. No amount may be ‘‘(A) any stock (other than nonqualified were it incorporated. carried under the preceding sentence to any preferred stock as defined in section ‘‘(C) PORTIONS OF BUSINESS MAY BE QUALI- calendar year after 2013. 351(g)(2)) in an entity which is a corporation, FIED ACTIVE LOW-INCOME COMMUNITY BUSI- ‘‘(g) RECAPTURE OF CREDIT IN CERTAIN and NESS.—The term ‘qualified active low-income CASES.— ‘‘(B) any capital interest in an entity community business’ includes any trades or ‘‘(1) IN GENERAL.—If, at any time during which is a partnership. businesses which would qualify as a qualified the 7-year period beginning on the date of ‘‘(c) QUALIFIED COMMUNITY DEVELOPMENT active low-income community business if the original issue of a qualified equity in- ENTITY.—For purposes of this section— such trades or businesses were separately in- vestment in a qualified community develop- ‘‘(1) IN GENERAL.—The term ‘qualified com- corporated. ment entity, there is a recapture event with munity development entity’ means any do- ‘‘(3) QUALIFIED BUSINESS.—For purposes of respect to such investment, then the tax im- mestic corporation or partnership if— this subsection, the term ‘qualified business’ posed by this chapter for the taxable year in ‘‘(A) the primary mission of the entity is has the meaning given to such term by sec- which such event occurs shall be increased serving, or providing investment capital for, tion 1397C(d); except that— by the credit recapture amount. low-income communities or low-income per- ‘‘(A) in lieu of applying paragraph (2)(B) ‘‘(2) CREDIT RECAPTURE AMOUNT.—For pur- sons, thereof, the rental to others of real property poses of paragraph (1), the credit recapture ‘‘(B) the entity maintains accountability located in any low-income community shall amount is an amount equal to the sum of— to residents of low-income communities be treated as a qualified business if there are ‘‘(A) the aggregate decrease in the credits through their representation on any gov- substantial improvements located on such allowed to the taxpayer under section 38 for erning board of the entity or on any advisory property, and all prior taxable years which would have re- boards to the entity, and ‘‘(B) paragraph (3) thereof shall not apply. sulted if no credit had been determined ‘‘(C) the entity is certified by the Sec- ‘‘(e) LOW-INCOME COMMUNITY.—For pur- under this section with respect to such in- retary for purposes of this section as being a poses of this section— vestment, plus qualified community development entity. ‘‘(1) IN GENERAL.—The term ‘low-income ‘‘(B) interest at the underpayment rate es- ‘‘(2) SPECIAL RULES FOR CERTAIN ORGANIZA- community’ means any population census tablished under section 6621 on the amount TIONS.—The requirements of paragraph (1) tract if— determined under subparagraph (A) for each shall be treated as met by— ‘‘(A) the poverty rate for such tract is at prior taxable year for the period beginning ‘‘(A) any specialized small business invest- least 20 percent, or on the due date for filing the return for the ment company (as defined in section ‘‘(B)(i) in the case of a tract not located prior taxable year involved. 1044(c)(3)), and within a metropolitan area, the median fam- No deduction shall be allowed under this ‘‘(B) any community development finan- ily income for such tract does not exceed 80 chapter for interest described in subpara- cial institution (as defined in section 103 of percent of statewide median family income, graph (B). the Community Development Banking and or ‘‘(3) RECAPTURE EVENT.—For purposes of Financial Institutions Act of 1994 (12 U.S.C. ‘‘(ii) in the case of a tract located within a paragraph (1), there is a recapture event with 4702)). metropolitan area, the median family in- respect to an equity investment in a quali- ‘‘(d) QUALIFIED LOW-INCOME COMMUNITY IN- come for such tract does not exceed 80 per- fied community development entity if— VESTMENTS.—For purposes of this section— cent of the greater of statewide median fam- ‘‘(A) such entity ceases to be a qualified ‘‘(1) IN GENERAL.—The term ‘qualified low- ily income or the metropolitan area median community development entity, income community investment’ means— family income. ‘‘(B) the proceeds of the investment cease ‘‘(A) any capital or equity investment in, ‘‘(2) TARGETED AREAS.—The Secretary may to be used as required of subsection (b)(1)(B), or loan to, any qualified active low-income designate any area within any census tract or community business, as a low-income community if— ‘‘(C) such investment is redeemed by such ‘‘(B) the purchase from another commu- ‘‘(A) the boundary of such area is contin- entity. nity development entity of any loan made by uous, ‘‘(4) SPECIAL RULES.— such entity which is a qualified low-income ‘‘(B) the area would satisfy the require- ‘‘(A) TAX BENEFIT RULE.—The tax for the community investment, ments of paragraph (1) if it were a census taxable year shall be increased under para- ‘‘(C) financial counseling and other serv- tract, and graph (1) only with respect to credits allowed ices specified in regulations prescribed by ‘‘(C) an inadequate access to investment by reason of this section which were used to the Secretary to businesses located in, and capital exists in such area. reduce tax liability. In the case of credits residents of, low-income communities, and ‘‘(3) AREAS NOT WITHIN CENSUS TRACTS.—In not so used to reduce tax liability, the ‘‘(D) any equity investment in, or loan to, the case of an area which is not tracted for carryforwards and carrybacks under section any qualified community development enti- population census tracts, the equivalent 39 shall be appropriately adjusted. ty. county divisions (as defined by the Bureau of ‘‘(B) NO CREDITS AGAINST TAX.—Any in- ‘‘(2) QUALIFIED ACTIVE LOW-INCOME COMMU- the Census for purposes of defining poverty crease in tax under this subsection shall not NITY BUSINESS.— areas) shall be used for purposes of deter- be treated as a tax imposed by this chapter ‘‘(A) IN GENERAL.—For purposes of para- mining poverty rates and median family in- for purposes of determining the amount of graph (1), the term ‘qualified active low-in- come. any credit under this chapter or for purposes come community business’ means, with re- ‘‘(f) NATIONAL LIMITATION ON AMOUNT OF of section 55. spect to any taxable year, any corporation INVESTMENTS DESIGNATED.— ‘‘(h) BASIS REDUCTION.—The basis of any (including a nonprofit corporation) or part- ‘‘(1) IN GENERAL.—There is a new markets qualified equity investment shall be reduced nership if for such year— tax credit limitation for each calendar year. by the amount of any credit determined ‘‘(i) at least 50 percent of the total gross Such limitation is— under this section with respect to such in- income of such entity is derived from the ac- ‘‘(A) $1,000,000,000 for 2002, and vestment. This subsection shall not apply for tive conduct of a qualified business within ‘‘(B) $1,500,000,000 for 2003, 2004, 2005, and purposes of sections 1202, 1397B, and 1400B. any low-income community, 2006. ‘‘(i) REGULATIONS.—The Secretary shall ‘‘(ii) a substantial portion of the use of the ‘‘(2) ALLOCATION OF LIMITATION.—The limi- prescribe such regulations as may be appro- tangible property of such entity (whether tation under paragraph (1) shall be allocated priate to carry out this section, including owned or leased) is within any low-income by the Secretary among qualified commu- regulations— community, nity development entities selected by the ‘‘(1) which limit the credit for investments ‘‘(iii) a substantial portion of the services Secretary. In making allocations under the which are directly or indirectly subsidized by performed for such entity by its employees preceding sentence, the Secretary shall give other Federal tax benefits (including the are performed in any low-income commu- priority to any entity— credit under section 42 and the exclusion nity, ‘‘(A) with a record of having successfully from gross income under section 103), ‘‘(iv) less than 5 percent of the average of provided capital or technical assistance to ‘‘(2) which prevent the abuse of the pur- the aggregate unadjusted bases of the prop- disadvantaged businesses or communities, or poses of this section, erty of such entity is attributable to collect- ‘‘(B) which intends to satisfy the require- ‘‘(3) which provide rules for determining ibles (as defined in section 408(m)(2)) other ment under subsection (b)(1)(B) by making whether the requirement of subsection than collectibles that are held primarily for qualified low-income community invest- (b)(1)(B) is treated as met, sale to customers in the ordinary course of ments in 1 or more businesses in which per- ‘‘(4) which impose appropriate reporting re- such business, and sons unrelated to such entity (within the quirements, and ‘‘(v) less than 5 percent of the average of meaning of section 267(b) or 707(b)(1)) hold ‘‘(5) which apply the provisions of this sec- the aggregate unadjusted bases of the prop- the majority equity interest. tion to newly formed entities.’’. S9710 CONGRESSIONAL RECORD — SENATE October 3, 2000

(b) CREDIT MADE PART OF GENERAL BUSI- ‘‘(B) LIMITATION TO LINES OF BUSINESS.—A ‘‘(1) QUALIFIED INCOME TAXES.—The quali- NESS CREDIT.— domestic corporation shall be treated as a fied income taxes for any taxable year allo- (1) IN GENERAL.—Subsection (b) of section qualified domestic corporation under sub- cable to nonsheltered income shall be deter- 38 is amended by striking ‘‘plus’’ at the end paragraph (A) only with respect to the lines mined in the same manner as under section of paragraph (11), by striking the period at of business described in subparagraph (A) 936(i)(3). the end of paragraph (12) and inserting ‘‘, which it is actively conducting in Puerto ‘‘(2) QUALIFIED WAGES.—The qualified plus’’, and by adding at the end the following Rico during the taxable year. wages for any taxable year shall be deter- new paragraph: ‘‘(C) EXCEPTION FOR CORPORATIONS ELECT- mined in the same manner as under section ‘‘(13) the new markets tax credit deter- ING REDUCED CREDIT.—A domestic corpora- 936(i)(1). mined under section 45D(a).’’. tion shall not be treated as a qualified do- ‘‘(3) OTHER TERMS.—Any term used in this (2) LIMITATION ON CARRYBACK.—Subsection mestic corporation if such corporation (or section which is also used in section 936 shall (d) of section 39 is amended by adding at the any predecessor) had an election in effect have the same meaning given such term by end the following new paragraph: under section 936(a)(4)(B)(iii) for any taxable section 936.’’. ‘‘(9) NO CARRYBACK OF NEW MARKETS TAX year beginning after December 31, 1996.’’. (f) EFFECTIVE DATE.—The amendments CREDIT BEFORE JANUARY 1, 2002.—No portion of (b) APPLICATION ON SEPARATE LINE OF BUSI- made by this section shall apply to taxable the unused business credit for any taxable NESS BASIS; ELIGIBLE LINE OF BUSINESS.— years ending after December 31, 2000. year which is attributable to the credit Section 30A is amended by redesignating Subtitle F—Individual Development Accounts under section 45D may be carried back to a subsection (g) as subsection (h) and by in- SEC. 151. DEFINITIONS. taxable year ending before January 1, 2002.’’. serting after subsection (f) the following new As used in this subtitle: EDUCTION FOR NUSED REDIT subsection: (c) D U C .—Sub- (1) ELIGIBLE INDIVIDUAL.— section (c) of section 196 is amended by strik- ‘‘(g) APPLICATION ON LINE OF BUSINESS (A) IN GENERAL.—The term ‘‘eligible indi- BASIS; ELIGIBLE LINES OF BUSINESS.—For ing ‘‘and’’ at the end of paragraph (7), by vidual’’ means an individual who— purposes of this section— striking the period at the end of paragraph (i) has attained the age of 18 years; ‘‘(1) APPLICATION TO SEPARATE LINE OF BUSI- (8) and inserting ‘‘, and’’, and by adding at (ii) is a citizen or legal resident of the NESS.— the end the following new paragraph: United States; and ‘‘(A) IN GENERAL.—In determining the ‘‘(9) the new markets tax credit determined (iii) is a member of a household— amount of the credit under subsection (a), under section 45D(a).’’. (I) the gross income of which does not ex- (d) CLERICAL AMENDMENT.—The table of this section shall be applied separately with ceed 60 percent of the national median fam- sections for subpart D of part IV of sub- respect to each substantial line of business ily income (as published by the Bureau of the chapter A of chapter 1 is amended by adding of the qualified domestic corporation de- Census), as adjusted for family size; and at the end the following new item: scribed in subsection (a)(2)(A)(ii). (II) the net worth of which does not exceed ‘‘(B) ALLOCATION.—The Secretary shall pre- ‘‘Sec. 45D. New markets tax credit.’’. $10,000. scribe rules necessary to carry out the pur- (B) HOUSEHOLD.—The term ‘‘household’’ (e) EFFECTIVE DATE.—The amendments poses of this paragraph, including rules— means all individuals who share use of a made by this section shall apply to invest- ‘‘(i) for the allocation of items of income, dwelling unit as primary quarters for living ments made after December 31, 2001. gain, deduction, and loss for purposes of de- (f) REGULATIONS ON ALLOCATION OF NA- and eating separate from other individuals. termining taxable income under subsection TIONAL LIMITATION.—Not later than 120 days (C) DETERMINATION OF NET WORTH.— (a), and after the date of the enactment of this Act, (i) IN GENERAL.—For purposes of subpara- ‘‘(ii) for the allocation of wages, fringe the Secretary of the Treasury or the Sec- graph (A)(iii)(II), the net worth of a house- benefit expenses, and depreciation allow- retary’s delegate shall prescribe regulations hold is the amount equal to— ances for purposes of applying the limita- which specify— (I) the aggregate fair market value of all tions under subsection (d). (1) how entities shall apply for an alloca- assets that are owned in whole or in part by ‘‘(2) ELIGIBLE LINE OF BUSINESS.—The term tion under section 45D(f)(2) of the Internal any member of a household, minus ‘eligible line of business’ means a substantial Revenue Code of 1986, as added by this sec- (II) the obligations or debts of any member line of business established by a qualified do- tion; of the household. mestic corporation described in subsection (2) the competitive procedure through (ii) CERTAIN ASSETS DISREGARDED.—For (a)(2)(A)(ii) after December 31, 2000.’’. which such allocations are made; and purposes of determining the net worth of a (c) MODIFICATION OF BASE PERIOD CAP FOR (3) the actions that such Secretary or dele- household, a household’s assets shall not be EXISTING CLAIMANTS.—The last sentence of gate shall take to ensure that such alloca- section 30A(a)(1) (relating to allowance of considered to include— tions are properly made to appropriate enti- credit) is amended— (I) the primary dwelling unit; ties. (1) by striking ‘‘In’’ and inserting ‘‘With (II) 1 motor vehicle owned by the house- (g) AUDIT AND REPORT.—Not later than respect to any qualified domestic corpora- hold; and January 31 of 2004 and 2007, the Comptroller (III) the sum of all contributions by an eli- General of the United States shall, pursuant tion described in paragraph (2)(A)(i), in’’, (2) by inserting ‘‘the greater of’’ after ‘‘ex- gible individual (including earnings thereon) to an audit of the new markets tax credit to any Individual Development Account, plus program established under section 45D of the ceed’’, and (3) by inserting ‘‘, or such income multi- the matching deposits made on behalf of Internal Revenue Code of 1986 (as added by such individual (including earnings thereon) subsection (a)), report to Congress on such plied by the ratio of the average number of full-time employees of such taxpayers during in any parallel account. program, including all qualified community (2) INDIVIDUAL DEVELOPMENT ACCOUNT.—The development entities that receive an alloca- the taxable year to the average number of such full-time employees in 1995 and 1996’’ term ‘‘Individual Development Account’’ tion under the new markets credit under means an account established for an eligible such section. after ‘‘section 936(j)’’. (d) CREDIT TAKEN OVER 5-YEAR PERIOD.— individual as part of a qualified individual Subtitle E—Modification of Tax Incentives Section 30A, as amended by subsection (b), is development account program, but only if for Puerto Rico amended by redesignating subsection (h) as the written governing instrument creating SEC. 141. MODIFICATION OF PUERTO RICO ECO- subsection (i) and by inserting after sub- the account meets the following require- NOMIC ACTIVITY TAX CREDIT. section (g) the following new subsection: ments: (a) CORPORATIONS ELIGIBLE TO CLAIM CRED- ‘‘(h) CREDIT TAKEN OVER 5-YEAR PERIOD.— (A) The sole owner of the account is the el- IT.—Section 30A(a)(2) (defining qualified do- In the case of any qualified domestic cor- igible individual. mestic corporation) is amended to read as poration described in paragraph (2)(A)(ii), (B) No contribution will be accepted unless follows: the aggregate amount of the credit otherwise it is in cash, by check, by electronic fund ‘‘(2) QUALIFIED DOMESTIC CORPORATION.— determined under subsection (a) for any tax- transfer, or by electronic money order. For purposes of paragraph (1)— able year shall be allowed ratably over the 5- (C) The holder of the account is a qualified ‘‘(A) IN GENERAL.—A domestic corporation taxable year period beginning with such tax- financial institution, a qualified nonprofit shall be treated as a qualified domestic cor- able year.’’. organization, or an Indian tribe. poration for a taxable year if it is actively (e) CONFORMING AMENDMENTS.— (D) The assets of the account will not be conducting within Puerto Rico during the (1) Section 30A(a)(3) is amended by striking commingled with other property except in a taxable year— ‘‘an existing credit claimant’’ and inserting common trust fund or common investment ‘‘(i) a line of business with respect to which ‘‘a qualified domestic corporation’’. fund. the domestic corporation is an existing cred- (2) Section 30A(b) is amended by striking (E) Except as provided in section 156(b), it claimant under section 936(j)(9), or ‘‘within a possession’’ each place it appears any amount in the account may be paid out ‘‘(ii) with respect to taxable years ending and inserting ‘‘within Puerto Rico’’. only for the purpose of paying the qualified after December 31, 2000, an eligible line of (3) Section 30A(d) is amended by striking expenses of the eligible individual. business not described in clause (i) with re- ‘‘possession’’ each place it appears. (3) PARALLEL ACCOUNT.—The term ‘‘parallel spect to which the domestic corporation is (4) Section 30A(f) is amended to read as fol- account’’ means a separate, parallel indi- an existing credit claimant under section lows: vidual or pooled account for all matching 936(j)(9) (determined without regard to sub- ‘‘(f) DEFINITIONS.—For purposes of this funds and earnings dedicated to an eligible paragraph (B) thereof). section— individual as part of a qualified individual October 3, 2000 CONGRESSIONAL RECORD — SENATE S9711

development account program, the sole (I) IN GENERAL.—The term ‘‘qualified high- (A) An Individual Development Account to owner of which is a qualified financial insti- er education expenses’’ has the meaning which an eligible individual may contribute tution, a qualified nonprofit organization, or given such term by section 72(t)(7) of the In- money in accordance with section 154. an Indian tribe. ternal Revenue Code of 1986, determined by (B) A parallel account to which all match- (4) QUALIFIED FINANCIAL INSTITUTION.— treating postsecondary vocational edu- ing funds shall be deposited in accordance (A) IN GENERAL.—The term ‘‘qualified fi- cational schools as eligible educational insti- with section 155. nancial institution’’ means any person au- tutions. (2) TAILORED IDA PROGRAMS.—A qualified fi- thorized to be a trustee of any individual re- (II) POSTSECONDARY VOCATIONAL EDUCATION nancial institution, qualified nonprofit orga- tirement account under section 408(a)(2). SCHOOL.—The term ‘‘postsecondary voca- nization, or Indian tribe may tailor its quali- (B) RULE OF CONSTRUCTION.—Nothing in tional educational school’’ means an area vo- fied individual development account pro- this paragraph shall be construed as pre- cational education school (as defined in sub- gram to allow matching funds to be spent on venting a person described in subparagraph paragraph (C) or (D) of section 521(4) of the 1 or more of the categories of qualified ex- (A) from collaborating with 1 or more con- Carl D. Perkins Vocational and Applied penses. tractual affiliates, qualified nonprofit orga- Technology Education Act (20 U.S.C. 2471(4))) (c) TAX TREATMENT OF ACCOUNTS.—Any ac- nizations, or Indian tribes to carry out an in- which is in any State (as defined in section count described in subparagraph (B) of sub- dividual development account program es- 521(33) of such Act), as such sections are in section (b)(1) is exempt from taxation under tablished under section 152. effect on the date of the enactment of this the Internal Revenue Code of 1986 unless (5) QUALIFIED NONPROFIT ORGANIZATION.— Act. such account has ceased to be such an ac- The term ‘‘qualified nonprofit organization’’ (III) COORDINATION WITH OTHER BENEFITS.— count by reason of section 156(c) or the ter- means— The amount of qualified higher education ex- mination of the qualified individual develop- (A) any organization described in section penses for any taxable year shall be reduced ment account program under section 157(b). 501(c)(3) of the Internal Revenue Code of 1986 as provided in section 25A(g)(2) of such Code SEC. 153. PROCEDURES FOR OPENING AN INDI- and exempt from taxation under section and by the amount of such expenses for VIDUAL DEVELOPMENT ACCOUNT 501(a) of such Code; which a credit or exclusion is allowed under AND QUALIFYING FOR MATCHING (B) any community development financial chapter 1 of such Code for such taxable year. FUNDS. institution certified by the Community De- (iii) QUALIFIED FIRST-TIME HOMEBUYER (a) OPENING AN ACCOUNT.—An eligible indi- velopment Financial Institution Fund; or COSTS.—The term ‘‘qualified first-time home- vidual must open an Individual Development (C) any credit union chartered under Fed- buyer costs’’ means qualified acquisition Account with a qualified financial institu- eral or State law and certified by the Na- costs (as defined in section 72(t)(8) of such tion, qualified nonprofit organization, or In- tional Credit Union Administration, Code without regard to subparagraph (B) dian tribe and contribute money in accord- that meets standards for financial manage- thereof) with respect to a principal residence ance with section 154 to qualify for matching ment and fiduciary responsibility as defined (within the meaning of section 121 of such funds in a parallel account. by the Secretary or an organization des- Code) for a qualified first-time homebuyer (b) REQUIRED COMPLETION OF FINANCIAL ignated by the Secretary. (as defined in section 72(t)(8) of such Code). EDUCATION COURSE.— (6) INDIAN TRIBE.—The term ‘‘Indian tribe’’ (iv) QUALIFIED BUSINESS CAPITALIZATION OR (1) IN GENERAL.—Before becoming eligible means any Indian tribe as defined in section EXPANSION COSTS.— to withdraw matching funds to pay for quali- 4(12) of the Native American Housing Assist- (I) IN GENERAL.—The term ‘‘qualified busi- fied expenses, holders of Individual Develop- ance and Self-Determination Act of 1996 (25 ness capitalization or expansion costs’’ ment Accounts must complete a financial U.S.C. 4103(12), and includes any tribal sub- means qualified expenditures for the capital- education course offered by a qualified finan- sidiary, subdivision, or other wholly owned ization or expansion of a qualified business cial institution, a qualified nonprofit organi- tribal entity. pursuant to a qualified business plan. zation, an Indian tribe, or a government en- (7) QUALIFIED INDIVIDUAL DEVELOPMENT AC- (II) QUALIFIED EXPENDITURES.—The term tity. COUNT PROGRAM.—The term ‘‘qualified indi- ‘‘qualified expenditures’’ means expenditures (2) STANDARD AND APPLICABILITY OF vidual development account program’’ included in a qualified business plan, includ- COURSE.—The Secretary or an organization means a program established under section ing capital, plant, equipment, working cap- designated by the Secretary, in consultation 152 under which— ital, inventory expenses, attorney and ac- with representatives of qualified individual (A) Individual Development Accounts and counting fees, and other costs normally asso- development account programs and financial parallel accounts are held by a qualified fi- ciated with starting or expanding a business. educators, shall establish minimum perform- nancial institution, a qualified nonprofit or- (III) QUALIFIED BUSINESS.—The term ance standards for financial education ganization, or an Indian tribe; and ‘‘qualified business’’ means any business courses offered under paragraph (1) and a (B) additional activities determined by the that does not contravene any law. protocol to exempt eligible individuals from Secretary, or an organization designated by (IV) QUALIFIED BUSINESS PLAN.—The term the requirement under paragraph (1) because the Secretary, as necessary to responsibly ‘‘qualified business plan’’ means a business of hardship or lack of need. develop and administer accounts, including plan which meets such requirements as the SEC. 154. CONTRIBUTIONS TO INDIVIDUAL DE- recruiting, providing financial education and Secretary or an organization designated by VELOPMENT ACCOUNTS. other training to account holders, and reg- the Secretary may specify. (a) IN GENERAL.—Except in the case of a ular program monitoring, are carried out by (v) QUALIFIED ROLLOVERS.—The term qualified rollover, individual contributions such qualified financial institution, qualified ‘‘qualified rollover’’ means, with respect to to an Individual Development Account will nonprofit organization, or Indian tribe. any distribution from an Individual Develop- not be accepted for the taxable year in ex- (8) QUALIFIED EXPENSE DISTRIBUTION.— ment Account, the payment, within 120 days cess of the lesser of— (A) IN GENERAL.—The term ‘‘qualified ex- of such distribution, of all or a portion of (1) $2,000; or pense distribution’’ means any amount paid such distribution to such account or to an- (2) an amount equal to the sum of— (including through electronic payments) or other Individual Development Account es- (A) the compensation (as defined in section distributed out of an Individual Development tablished in another qualified financial insti- 219(f)(1) of the Internal Revenue Code of 1986) Account and a parallel account established tution, qualified nonprofit organization, or includible in the individual’s gross income for an eligible individual if such amount— Indian tribe for the benefit of the eligible in- for such taxable year; and (i) is used exclusively to pay the qualified dividual, or, if such individual is deceased, (B) in the case of an eligible individual who expenses of such individual or such individ- the spouse, any dependent, or other named has retired on disability (within the meaning ual’s spouse or dependents; beneficiary of the deceased. Rules similar to of section 22 of the Internal Revenue Code of (ii) is paid by the qualified financial insti- the rules of section 408(d)(3) of such Code 1986) before the close of the taxable year, any tution, qualified nonprofit organization, or (other than subparagraph (C) thereof) shall amount received as a disability benefit and Indian tribe directly to the person to whom apply for purposes of this clause. excluded from the individual’s gross income the amount is due or to another Individual (9) SECRETARY.—The term ‘‘Secretary’’ for such taxable year. Development Account; and means the Secretary of the Treasury. (b) PROOF OF COMPENSATION AND STATUS AS (iii) is paid after the holder of the Indi- AN ELIGIBLE INDIVIDUAL.—Federal W–2 forms SEC. 152. STRUCTURE AND ADMINISTRATION OF vidual Development Account has completed QUALIFIED INDIVIDUAL DEVELOP- and other forms specified by the Secretary a financial education course as required MENT ACCOUNT PROGRAMS. proving the eligible individual’s wages and under section 153(b). (a) ESTABLISHMENT OF QUALIFIED INDI- other compensation (including amounts de- (B) QUALIFIED EXPENSES.— VIDUAL DEVELOPMENT ACCOUNT PROGRAMS.— scribed in subsection (a)(2)(B)) and the status (i) IN GENERAL.—The term ‘‘qualified ex- Any qualified financial institution, qualified of the individual as an eligible individual penses’’ means any of the following: nonprofit organization, or Indian tribe may shall be presented at the time of the estab- (I) Qualified higher education expenses. establish 1 or more qualified individual de- lishment of the Individual Development Ac- (II) Qualified first-time homebuyer costs. velopment account programs which meet the count and at least once annually thereafter. (III) Qualified business capitalization or requirements of this subtitle. (c) DEEMED WITHDRAWALS OF EXCESS CON- expansion costs. (b) BASIC PROGRAM STRUCTURE.— TRIBUTIONS.—If the individual for whose ben- (IV) Qualified rollovers. (1) IN GENERAL.—All qualified individual efit an Individual Development Account is (ii) QUALIFIED HIGHER EDUCATION EX- development account programs shall consist established contributes an amount in excess PENSES.— of the following 2 components: of the amount allowed under subsection (a) S9712 CONGRESSIONAL RECORD — SENATE October 3, 2000 and fails to withdraw the excess contribution count holder may unilaterally withdraw Secretary, within 90 days after the end of plus the amount of net income attributable funds from the Individual Development Ac- each calendar year on— to such excess contribution on or before the count for purposes other than to pay quali- (1) the number of eligible individuals mak- day prescribed by law (including extensions fied expenses, but shall forfeit the cor- ing contributions into Individual Develop- of time) for filing such individual’s return of responding matching funds and interest ment Accounts; tax for the taxable year, such excess con- earned on the matching funds by doing so, (2) the amounts contributed into Indi- tribution and net income shall be deemed to unless such withdrawn funds are recontrib- vidual Development Accounts and deposited have been withdrawn on such day by such in- uted to such Account by September 30 fol- into parallel accounts for matching funds; dividual for purposes other than to pay lowing the withdrawal. (3) the amounts withdrawn from Individual qualified expenses. (c) DEEMED WITHDRAWALS FROM ACCOUNTS Development Accounts and parallel ac- (d) CROSS REFERENCE.— OF NONELIGIBLE INDIVIDUALS.—If the indi- counts, and the purposes for which such For designation of earned income tax cred- vidual for whose benefit an Individual Devel- amounts were withdrawn; it payments for deposit to an Individual De- opment Account is established ceases to be (4) the balances remaining in Individual velopment Account, see section 32(o) of the an eligible individual, such account shall Development Accounts and parallel ac- Internal Revenue Code of 1986. cease to be an Individual Development Ac- counts; and SEC. 155. DEPOSITS BY QUALIFIED INDIVIDUAL count as of the first day of the taxable year (5) such other information needed to help DEVELOPMENT ACCOUNT PRO- of such individual and any balance in such the Secretary, or an organization designated GRAMS. account shall be deemed to have been with- by the Secretary, monitor the cost and out- (a) PARALLEL ACCOUNTS.—The qualified fi- drawn on such first day by such individual comes of the qualified individual develop- nancial institution, qualified nonprofit orga- for purposes other than to pay qualified ex- ment account program. nization, or Indian tribe shall deposit all penses. (b) RESPONSIBILITIES OF THE SECRETARY OR matching funds for each Individual Develop- (d) TAX TREATMENT OF MATCHING FUNDS.— DESIGNATED ORGANIZATION.— ment Account into a parallel account at a Any amount withdrawn from a parallel ac- (1) MONITORING PROTOCOL.—Not later than qualified financial institution, qualified non- count shall not be includible in an eligible 12 months after the date of the enactment of profit organization, or Indian tribe. individual’s gross income. this Act, the Secretary, or an organization (b) REGULAR DEPOSITS OF MATCHING SEC. 157. CERTIFICATION AND TERMINATION OF designated by the Secretary, shall develop FUNDS.— QUALIFIED INDIVIDUAL DEVELOP- and implement a protocol and process to (1) IN GENERAL.—Subject to paragraph (2), MENT ACCOUNT PROGRAMS. monitor the cost and outcomes of the quali- the qualified financial institution, qualified (a) CERTIFICATION PROCEDURES.—Upon es- fied individual development account pro- nonprofit organization, or Indian tribe shall tablishing a qualified individual develop- grams established under section 152. not less than annually (or upon a proper ment account program under section 152, a (2) ANNUAL REPORTS.—In each year after withdrawal request under section 156, if nec- qualified financial institution, qualified non- the date of the enactment of this Act, the essary) deposit into the parallel account profit organization, or Indian tribe shall cer- Secretary, or an organization designated by with respect to each eligible individual the tify to the Secretary, or an organization des- the Secretary, shall submit a progress report following: ignated by the Secretary, on forms pre- to Congress on the status of such qualified (A) A dollar-for-dollar match for the first scribed by the Secretary or such organiza- individual development account programs. $300 contributed by the eligible individual tion and accompanied by any documentation Such report shall include from a representa- into an Individual Development Account required by the Secretary or such organiza- tive sample of qualified financial institu- with respect to any taxable year. tion, that— tions, qualified nonprofit organizations, and (B) Any matching funds provided by State, (1) the accounts described in subparagraphs Indian tribes a report on— local, or private sources in accordance to the (A) and (B) of section 152(b)(1) are operating (A) the characteristics of participants, in- matching ratio set by those sources. pursuant to all the provisions of this sub- cluding age, gender, race or ethnicity, mar- (2) CROSS REFERENCE.— title; and ital status, number of children, employment For allowance of tax credit for Individual (2) the qualified financial institution, status, and monthly income; Development Account subsidies, including qualified nonprofit organization, or Indian (B) individual level data on deposits, with- matching funds, see section 30B of the Inter- tribe agrees to implement an information drawals, balances, uses of Individual Devel- nal Revenue Code of 1986. system necessary to monitor the cost and opment Accounts, and participant character- outcomes of the qualified individual develop- istics; (c) FORFEITURE OF MATCHING FUNDS.— Matching funds that are forfeited under sec- ment account program. (C) the characteristics of qualified indi- (b) AUTHORITY TO TERMINATE QUALIFIED tion 156(b) shall be used by the qualified fi- vidual development account programs, in- IDA PROGRAM.—If the Secretary, or an orga- nancial institution, qualified nonprofit orga- cluding match rate, economic education re- nization designated by the Secretary, deter- nization, or Indian tribe to pay matches for quirements, permissible uses of accounts, mines that a qualified financial institution, other Individual Development Account con- staffing of programs in full time employees, qualified nonprofit organization, or Indian tributions by eligible individuals. and the total costs of programs; and (d) UNIFORM ACCOUNTING REGULATIONS.—To tribe under this subtitle is not operating a (D) process information on program imple- ensure proper recordkeeping and determina- qualified individual development account mentation and administration, especially on tion of the tax credit under section 30C of program in accordance with the require- problems encountered and how problems the Internal Revenue Code of 1986, the Sec- ments of this subtitle (and has not imple- were solved. retary shall prescribe regulations with re- mented any corrective recommendations di- SEC. 159. ACCOUNT FUNDS OF PROGRAM PAR- spect to accounting for matching funds from rected by the Secretary or such organiza- TICIPANTS DISREGARDED FOR PUR- all possible sources in the parallel accounts. tion), the Secretary or such organization POSES OF CERTAIN MEANS-TESTED FEDERAL PROGRAMS. (e) REGULAR REPORTING OF ACCOUNTS.— shall terminate such institution’s, nonprofit Any qualified financial institution, qualified organization’s, or Indian tribe’s authority to Notwithstanding any other provision of nonprofit organization, or Indian tribe shall conduct the program. If the Secretary, or an Federal law that requires consideration of 1 report the balances in any Individual Devel- organization designated by the Secretary, is or more financial circumstances of an indi- opment Account and parallel account of an unable to identify a qualified financial insti- vidual, for the purposes of determining eligi- eligible individual on not less than an annual tution, qualified nonprofit organization, or bility to receive, or the amount of, any as- basis. Indian tribe to assume the authority to con- sistance or benefit authorized by such provi- duct such program, then any account estab- sion to be provided to or for the benefit of SEC. 156. WITHDRAWAL PROCEDURES. such individual, an amount equal to the sum (a) WITHDRAWALS FOR QUALIFIED EX- lished for the benefit of any eligible indi- of— PENSES.—To withdraw money from an eligi- vidual under such program shall cease to be (1) all contributions by an eligible indi- ble individual’s Individual Development Ac- an Individual Development Account as of the vidual (including earnings thereon) to any count to pay qualified expenses of such indi- first day of such termination and any bal- Individual Development Account; plus vidual or such individual’s spouse or depend- ance in such account shall be deemed to have (2) the matching deposits made on behalf of ents, the qualified financial institution, been withdrawn on such first day by such in- such individual (including earnings thereon) qualified nonprofit organization, or Indian dividual for purposes other than to pay in any parallel account, tribe shall directly transfer such funds from qualified expenses. shall be disregarded for such purpose with re- the Individual Development Account, and, if SEC. 158. REPORTING, MONITORING, AND EVAL- spect to any period during which the indi- UATION. applicable, from the parallel account elec- vidual participates in a qualified individual (a) RESPONSIBILITIES OF QUALIFIED FINAN- tronically to the vendor or other Individual development account program established CIAL INSTITUTIONS, QUALIFIED NONPROFIT OR- Development Account. If the vendor is not under section 152. equipped to receive funds electronically, the GANIZATIONS, AND INDIAN TRIBES.—Each qualified financial institution, qualified non- SEC. 160. MATCHING FUNDS FOR INDIVIDUAL DE- qualified financial institution, qualified non- VELOPMENT ACCOUNTS PROVIDED profit organization, or Indian tribe may profit organization, or Indian tribe that es- THROUGH A TAX CREDIT FOR issue such funds by paper check to the ven- tablishes a qualified individual development QUALIFIED FINANCIAL INSTITU- dor. account program under section 152 shall re- TIONS. (b) WITHDRAWALS FOR NONQUALIFIED EX- port annually to the Secretary, directly or (a) IN GENERAL.—Subpart B of part IV of PENSES.—An Individual Development Ac- through an organization designated by the subchapter A of chapter 1 (relating to other October 3, 2000 CONGRESSIONAL RECORD — SENATE S9713 credits) is amended by inserting after section year of the tax imposed by this chapter, such is amended by striking ‘‘qualified elemen- 30A the following new section: individual may designate that a specified tary or secondary educational contribution’’ ‘‘SEC. 30B. INDIVIDUAL DEVELOPMENT ACCOUNT portion (not less than $1) of any overpay- each place it occurs in the headings and text INVESTMENT CREDIT FOR QUALI- ment of tax for such taxable year which is and inserting ‘‘qualified computer contribu- FIED FINANCIAL INSTITUTIONS. attributable to the credit allowed under this tion’’. ‘‘(a) DETERMINATION OF AMOUNT.—There section shall be deposited by the Secretary (2) EXPANSION OF ELIGIBLE DONEES.—Clause shall be allowed as a credit against the appli- into an Individual Development Account (as (i) of section 170(e)(6)(B) (relating to quali- cable tax for the taxable year an amount defined in section 151(2) of such Act) of such fied elementary or secondary educational equal to the individual development account individual. The Secretary shall so deposit contribution) is amended by striking ‘‘or’’ at investment provided by a qualified financial such portion designated under this para- the end of subclause (I), by adding ‘‘or’’ at institution during the taxable year under an graph. the end of subclause (II), and by inserting individual development account program es- ‘‘(2) MANNER AND TIME OF DESIGNATION.—A after subclause (II) the following new sub- tablished under section 152 of the Commu- designation under paragraph (1) may be clause: nity Renewal and New Markets Act of 2000. made with respect to any taxable year— ‘‘(III) a public library (within the meaning ‘‘(b) APPLICABLE TAX.—For the purposes of ‘‘(A) at the time of filing the return of the of section 213(2)(A) of the Library Services this section, the term ‘applicable tax’ means tax imposed by this chapter for such taxable and Technology Act (20 U.S.C. 9122(2)(A)), as the excess (if any) of— year, or in effect on the date of the enactment of the ‘‘(1) the tax imposed under this chapter ‘‘(B) at any other time (after the time of Community Renewal and New Markets Act (other than the taxes imposed under the pro- filing the return of the tax imposed by this of 2000, established and maintained by an en- visions described in subparagraphs (C) chapter for such taxable year) specified in tity described in subsection (c)(1),’’. through (Q) of section 26(b)(2)), over regulations prescribed by the Secretary. (b) CONFORMING AMENDMENTS.— ‘‘(2) the credits allowable under subpart B Such designation shall be made in such man- (1) Section 170(e)(6)(B)(iv) is amended by (other than this section) and subpart D of ner as the Secretary prescribes by regula- striking ‘‘in any grades of the K–12’’. this part. tions. (2) The heading of paragraph (6) of section ‘‘(c) INDIVIDUAL DEVELOPMENT ACCOUNT IN- ‘‘(3) PORTION ATTRIBUTABLE TO EARNED IN- 170(e) is amended by striking ‘‘ELEMENTARY VESTMENT.—For purposes of this section, the COME TAX CREDIT.—For purposes of paragraph OR SECONDARY SCHOOL PURPOSES’’ and insert- term ‘individual development account in- (1), an overpayment for any taxable year ing ‘‘EDUCATIONAL PURPOSES’’. vestment’ means, with respect to an indi- shall be treated as attributable to the credit (c) EXTENSION OF DEDUCTION.—Section vidual development account program of a allowed under this section for such taxable 170(e)(6)(F) (relating to termination) is qualified financial institution in any taxable year to the extent that such overpayment amended by striking ‘‘December 31, 2000’’ and year, an amount equal to the sum of— does not exceed the credit so allowed. inserting ‘‘December 31, 2003’’. ‘‘(1) 90 percent of the aggregate amount of ‘‘(4) OVERPAYMENTS TREATED AS RE- (d) EFFECTIVE DATE.—The amendments dollar-for-dollar matches under such pro- FUNDED.—For purposes of this title, any por- made by this section shall apply to contribu- gram by such institution under section tion of an overpayment of tax designated tions made on and after the date of the en- 155(b)(1)(A) of the Community Renewal and under paragraph (1) shall be treated as being actment of this Act. New Markets Act of 2000 for such taxable refunded to the taxpayer as of the last date SEC. 173. EXTENSION OF ADOPTION TAX CREDIT. year, plus prescribed for filing the return of tax im- Section 23(d)(2)(B) (defining eligible child) ‘‘(2) an amount equal to the sum of the posed by this chapter (determined without is amended by striking ‘‘2001’’ and inserting costs incurred, directly or indirectly, with regard to extensions) or, if later, the date ‘‘2003’’. respect to each Individual Development Ac- the return is filed. SEC. 174. TAX TREATMENT OF ALASKA NATIVE count opened after the date of the enactment ‘‘(5) TERMINATION.—This subsection shall SETTLEMENT TRUSTS. of this section, not to exceed $100 per Ac- not apply to any taxable year beginning (a) TREATMENT OF ALASKA NATIVE SETTLE- count. after December 31, 2005.’’. MENT TRUSTS.—Subpart A of part I of sub- ‘‘(d) OTHER DEFINITIONS.—For purposes of (b) EFFECTIVE DATE.—The amendment chapter J of chapter 1 (relating to general this section, the terms ‘Individual Develop- made by this section shall apply to taxable rules for taxation of trusts and estates) is ment Account’ and ‘qualified financial insti- years beginning after December 31, 2001. amended by adding at the end the following tution’ have the meanings given such terms Subtitle G—Additional Incentives new section: by section 151 of the Community Renewal SEC. 171. EXCLUSION OF CERTAIN AMOUNTS RE- ‘‘SEC. 646. TAX TREATMENT OF ALASKA NATIVE and New Markets Act of 2000. CEIVED UNDER THE NATIONAL SETTLEMENT TRUSTS. ‘‘(e) REGULATIONS.—The Secretary may HEALTH SERVICE CORPS SCHOLAR- ‘‘(a) IN GENERAL.—Except as otherwise pro- prescribe such regulations as may be nec- SHIP PROGRAM AND THE F. EDWARD vided in this section, the provisions of this essary or appropriate to carry out this sec- HEBERT ARMED FORCES HEALTH subchapter and section 1(e) shall apply to all tion, including regulations providing for a PROFESSIONS SCHOLARSHIP AND Settlement Trusts. FINANCIAL ASSISTANCE PROGRAM. recapture of the credit allowed under this ‘‘(b) TAXATION OF INCOME OF TRUST.—Ex- (a) IN GENERAL.—Section 117(c) (relating to section in cases where there is a forfeiture cept as provided in subsection (f)(1)(B)(ii)— under section 156(b) of the Community Re- the exclusion from gross income amounts re- ceived as a qualified scholarship) is ‘‘(1) IN GENERAL.—The amount of tax im- newal and New Markets Act of 2000 in a sub- posed on an electing Settlement Trust under sequent taxable year of any amount which amended— (1) by striking ‘‘Subsections (a)’’ and in- section 1(e) shall be determined using the was taken into account in determining the rate of 15 percent. amount of such credit. serting the following: ‘‘(1) IN GENERAL.—Except as provided in ‘‘(2) CAPITAL GAIN.—In the case of an elect- ‘‘(f) TERMINATION.—This section shall not ing Settlement Trust with a net capital gain apply to any taxable year beginning after paragraph (2), subsections (a)’’, and (2) by adding at the end the following new for the taxable year, a tax is imposed on December 31, 2005.’’. such gain at the rate of tax which would (b) CONFORMING AMENDMENT.—The table of paragraph: ‘‘(2) EXCEPTIONS.—Paragraph (1) shall not apply to such gain if the taxpayer were sub- sections for subpart B of part IV of sub- ject to a tax on ordinary income at a rate of chapter A of chapter 1 is amended by insert- apply to any amount received by an indi- vidual under— 15 percent. ing after the item relating to section 30A the ‘‘(c) ONE TIME ELECTION.— following new item: ‘‘(A) the National Health Service Corps Scholarship Program under section ‘‘(1) IN GENERAL.—A Settlement Trust may ‘‘Sec. 30B. Individual development account 338A(g)(1)(A) of the Public Health Service elect to have the provisions of this section investment credit for qualified Act, or apply to the trust and its beneficiaries. financial institutions.’’. ‘‘(B) the Armed Forces Health Professions ‘‘(2) TIME AND METHOD OF ELECTION.—An (c) EFFECTIVE DATE.—The amendments Scholarship and Financial Assistance pro- election under paragraph (1) shall be made made by this section shall apply to taxable gram under subchapter I of chapter 105 of by the trustee of such trust— years beginning after December 31, 2001. title 10, United States Code.’’. ‘‘(A) on or before the due date (including SEC. 161. DESIGNATION OF EARNED INCOME TAX (b) EFFECTIVE DATE.—The amendments extensions) for filing the Settlement Trust’s CREDIT PAYMENTS FOR DEPOSIT TO made by subsection (a) shall apply to return of tax for the first taxable year of INDIVIDUAL DEVELOPMENT AC- amounts received in taxable years beginning such trust ending after the date of the enact- COUNTS. after December 31, 1993. ment of this section, and (a) IN GENERAL.—Section 32 (relating to SEC. 172. EXTENSION OF ENHANCED DEDUCTION ‘‘(B) by attaching to such return of tax a earned income credit) is amended by adding FOR CORPORATE DONATIONS OF statement specifically providing for such at the end the following new subsection: COMPUTER TECHNOLOGY. election. ‘‘(o) DESIGNATION OF CREDIT FOR DEPOSIT (a) EXPANSION OF COMPUTER TECHNOLOGY ‘‘(3) PERIOD ELECTION IN EFFECT.—Except as TO INDIVIDUAL DEVELOPMENT ACCOUNT.— DONATIONS TO PUBLIC LIBRARIES.— provided in subsection (f), an election under ‘‘(1) IN GENERAL.—With respect to the re- (1) IN GENERAL.—Paragraph (6) of section this subsection— turn of any eligible individual (as defined in 170(e) (relating to special rule for contribu- ‘‘(A) shall apply to the first taxable year section 151(1) of the Community Renewal and tions of computer technology and equipment described in paragraph (2)(A) and all subse- New Markets Act of 2000) for the taxable for elementary or secondary school purposes) quent taxable years, and S9714 CONGRESSIONAL RECORD — SENATE October 3, 2000

‘‘(B) may not be revoked once it is made. ‘‘(2) STOCK IN CORPORATION.—If— ‘‘(c) REQUIRED INFORMATION.—The informa- ‘‘(d) CONTRIBUTIONS TO TRUST.— ‘‘(A) the Settlement Common Stock in the tion required under this subsection shall ‘‘(1) BENEFICIARIES OF ELECTING TRUST NOT sponsoring Native Corporation may be dis- include— TAXED ON CONTRIBUTIONS.—In the case of an posed of to a person in any manner not per- ‘‘(1) the amount of distributions made dur- electing Settlement Trust, no amount shall mitted by section 7(h) of the Alaska Native ing the taxable year to each beneficiary, be includible in gross income of a beneficiary Claims Settlement Act (43 U.S.C. 1606(h)), ‘‘(2) the treatment of such distribution of such trust by reason of a contribution to and under the applicable provision of section 646, such trust made during the taxable year. ‘‘(B) at any time after such disposition of including the amount that is excludable ‘‘(2) EARNINGS AND PROFITS.—The earnings stock is first permitted, such corporation from the recipient beneficiary’s gross income and profits of the sponsoring Native Corpora- transfers assets to a Settlement Trust, under section 646, and tion of a Settlement Trust shall not be re- paragraph (1)(B) shall be applied to such ‘‘(3) the amount (if any) of any distribution duced on account of any contribution to such trust on and after the date of the transfer in during such year that is deemed to have been Settlement Trust. the same manner as if the trust permitted made by the sponsoring Native Corporation ‘‘(e) TAX TREATMENT OF DISTRIBUTIONS TO dispositions of beneficial interests in the (as defined in section 646(h)(5)). BENEFICIARIES.—Amounts distributed by an trust in a manner not permitted by such sec- ‘‘(d) SPONSORING NATIVE CORPORATION.— electing Settlement Trust during any tax- tion 7(h). ‘‘(1) IN GENERAL.—The electing Settlement able year shall be considered as having the ‘‘(3) CERTAIN DISTRIBUTIONS.—For purposes Trust shall, on or before the date on which following characteristics in the hands of the of this section, the surrender of an interest the statement under subsection (a) is re- recipient beneficiary: in a Native Corporation or an electing Set- quired to be filed, furnish such statement to ‘‘(1) First, as amounts excludable from tlement Trust in order to accomplish the the sponsoring Native Corporation (as so de- gross income for the taxable year to the ex- whole or partial redemption of the interest fined). tent of the taxable income of such trust for of a shareholder or beneficiary in such cor- ‘‘(2) DISTRIBUTEES.—The sponsoring Native such taxable year (decreased by any income poration or trust, or to accomplish the whole Corporation shall furnish each recipient of a tax paid by the trust with respect to the in- or partial liquidation of such corporation or distribution described in section 646(e)(3) a come) plus any amount excluded from gross trust, shall be deemed to be a disposition statement containing the amount deemed to income of the trust under section 103. permitted by section 7(h) of the Alaska Na- have been distributed to such recipient by ‘‘(2) Second, as amounts excludable from tive Claims Settlement Act (43 U.S.C. such corporation for the taxable year.’’. gross income to the extent of the amount de- 1606(h)). (c) CLERICAL AMENDMENT.— (1) The table of sections for subpart A of scribed in paragraph (1) for all taxable years ‘‘(g) TAXABLE INCOME.— For purposes of for which an election was in effect under sub- this title, the taxable income of an electing part I of subchapter J of chapter 1 is amend- section (c) with respect to the trust, and not Settlement Trust shall be determined under ed by adding at the end the following new previously taken into account under para- section 641(b) without regard to any deduc- item: graph (1). tion under section 651 or 661. ‘‘Sec. 646. Electing Alaska Native Settlement ‘‘(3) Third, for purposes of this title other ‘‘(h) DEFINITIONS.—For purposes of this Trusts.’’. than subsections (b) and (d) of section 301 section— and section 311(b), as amounts distributed by (2) The table of sections for subpart A of ‘‘(1) ELECTING SETTLEMENT TRUST.—The the sponsoring Native Corporation with re- part III of subchapter A of chapter 61 of sub- term ‘electing Settlement Trust’ means a title F is amended by inserting after the spect to its stock (within the meaning of sec- Settlement Trust which has made the elec- tion 301(a)) during such taxable year and tax- item relating to section 6039G the following tion, effective for the taxable year, described new item: able to the recipient beneficiary as amounts in subsection (c). described in section 301(c)(1), to the extent of ‘‘(2) NATIVE CORPORATION.—The term ‘Na- ‘‘Sec. 6039H. Information with respect to current and accumulated earnings and prof- tive Corporation’ has the meaning given Alaska Native Settlement its of the sponsoring Native Corporation as such term by section 3(m) of the Alaska Na- Trusts and sponsoring Native of the close of such taxable year after proper tive Claims Settlement Act (43 U.S.C. Corporations.’’. adjustment is made for all distributions 1602(m)). (d) EFFECTIVE DATE.—The amendments made by the sponsoring Native Corporation ‘‘(3) SETTLEMENT COMMON STOCK.—The term made by this section shall apply to taxable during such taxable year. ‘Settlement Common Stock’ has the mean- years ending after the date of the enactment ‘‘(4) Fourth, as amounts distributed by the ing given such term by section 3(p) of the of this Act and to contributions made to trust in excess of the distributable net in- Alaska Native Claims Settlement Act (43 electing Settlement Trusts for such year or come of such trust for such taxable year. U.S.C. 1602(p)). any subsequent year. ‘‘(f) SPECIAL RULES WHERE TRANSFER RE- ‘‘(4) SETTLEMENT TRUST.—The term ‘Settle- SEC. 175. TREATMENT OF INDIAN TRIBAL GOV- STRICTIONS MODIFIED.— ment Trust’ has the meaning given such ERNMENTS UNDER FEDERAL UNEM- ‘‘(1) TRANSFER OF BENEFICIAL INTERESTS.— term by section 3(t) of the Alaska Native PLOYMENT TAX ACT. If, at any time, a beneficial interest in an Claims Settlement Act (43 U.S.C. 1602(t)). (a) IN GENERAL.—Section 3306(c)(7) (defin- electing Settlement Trust may be disposed ‘‘(5) SPONSORING NATIVE CORPORATION.—The ing employment) is amended— of to a person in a manner which would not term ‘sponsoring Native Corporation’ means (1) by inserting ‘‘or in the employ of an In- be permitted by section 7(h) of the Alaska the Native Corporation which transfers as- dian tribe,’’ after ‘‘service performed in the Native Claims Settlement Act (43 U.S.C. sets to an electing Settlement Trust. employ of a State, or any political subdivi- 1606(h)) if the interest were Settlement Com- ‘‘(i) CROSS REFERENCE.— sion thereof,’’; and mon Stock— (2) by inserting ‘‘or Indian tribes’’ after ‘‘For information required with respect to ‘‘(A) no election may be made under sub- ‘‘wholly owned by one or more States or po- electing Settlement Trusts and sponsoring section (c) with respect to such trust, and litical subdivisions’’. Native Corporations, see section 6039H.’’ ‘‘(B) if such an election is in effect as of (b) PAYMENTS IN LIEU OF CONTRIBUTIONS.— such time— (b) REPORTING.—Subpart A of part III of Section 3309 (relating to State law coverage ‘‘(i) such election shall cease to apply as of subchapter A of chapter 61 of subtitle F (re- of services performed for nonprofit organiza- the first day of the taxable year in which lating to information concerning persons tions or governmental entities) is amended— such disposition is first permitted, subject to special provisions) is amended by (1) in subsection (a)(2) by inserting ‘‘, in- ‘‘(ii) the provisions of this section shall not inserting after section 6039G the following cluding an Indian tribe,’’ after ‘‘the State apply to such trust for such taxable year and new section: law shall provide that a governmental enti- all taxable years thereafter, and ‘‘SEC. 6039H. INFORMATION WITH RESPECT TO ty’’; ‘‘(iii) the distributable net income of such ALASKA NATIVE SETTLEMENT (2) in subsection (b)(3)(B) by inserting ‘‘, or trust shall be increased by the current and TRUSTS AND SPONSORING NATIVE of an Indian tribe’’ after ‘‘of a State or polit- accumulated earnings and profits of the CORPORATIONS. ical subdivision thereof’’; sponsoring Native Corporation as of the ‘‘(a) REQUIREMENT.—The fiduciary of an (3) in subsection (b)(3)(E) by inserting ‘‘or close of such taxable year after proper ad- electing Settlement Trust (as defined in sec- tribal’’ after ‘‘the State’’; and justment is made for all distributions made tion 646(h)(1)) shall include with the return (4) in subsection (b)(5) by inserting ‘‘or of by the sponsoring Native Corporation during of income of the trust a statement con- an Indian tribe’’ after ‘‘an agency of a State such taxable year. taining the information required under sub- or political subdivision thereof’’. In no event shall the increase under clause section (c). (c) STATE LAW COVERAGE.—Section 3309 (iii) exceed the fair market value of the ‘‘(b) APPLICATION WITH OTHER REQUIRE- (relating to State law coverage of services trust’s assets as of the date the beneficial in- MENTS.—The filing of any statement under performed for nonprofit organizations or terest of the trust first becomes disposable. this section shall be in lieu of the reporting governmental entities) is amended by adding The earnings and profits of the sponsoring requirement under section 6034A to furnish at the end the following new subsection: Native Corporation shall be adjusted as of any statement to a beneficiary regarding ‘‘(d) ELECTION BY INDIAN TRIBE.—The State the last day of such taxable year by the amounts distributed to such beneficiary (and law shall provide that an Indian tribe may amount of earnings and profits so included in such other reporting requirements as the make contributions for employment as if the the distributable net income of the trust. Secretary deems appropriate). employment is within the meaning of section October 3, 2000 CONGRESSIONAL RECORD — SENATE S9715

3306 or make payments in lieu of contribu- ‘‘(ii) the greater of— ‘‘(b) DOLLAR LIMITATION.—The credit al- tions under this section, and shall provide ‘‘(I) $1.75 multiplied by the State popu- lowed by subsection (a) with respect to any that an Indian tribe may make separate elec- lation, or residence of a taxpayer shall not exceed tions for itself and each subdivision, sub- ‘‘(II) $2,000,000,’’. $20,000 ($10,000 in the case of a married indi- sidiary, or business enterprise wholly owned (b) ADJUSTMENT OF STATE CEILING FOR IN- vidual filing a separate return). by such Indian tribe. State law may require CREASES IN COST-OF-LIVING.—Paragraph (3) of a tribe to post a payment bond or take other section 42(h) (relating to housing credit dol- ‘‘(c) CARRYFORWARD OF CREDIT UNUSED BY reasonable measures to assure the making of lar amount for agencies) is amended by add- REASON OF LIMITATION BASED ON TAX LIABIL- payments in lieu of contributions under this ing at the end the following new subpara- ITY.—If the credit allowable under subsection section. Notwithstanding the requirements graph: (a) for any taxable year exceeds the limita- of section 3306(a)(6), if, within 90 days of hav- ‘‘(H) COST-OF-LIVING ADJUSTMENT.—In the tion imposed by section 26(a) for such tax- ing received a notice of delinquency, a tribe case of a calendar year after 2001, each of the able year reduced by the sum of the credits fails to made contributions, payments in lieu dollar amounts contained in subparagraph allowable under this subpart (other than this of contributions, or payment of penalties or (C)(ii) shall be increased by an amount equal section), such excess shall be carried to the interest (at amounts or rates comparable to to— succeeding taxable year (but not for more those applied to all other employers covered ‘‘(i) such dollar amount, multiplied by than 10 taxable years succeeding the first under the State law) assessed with respect to ‘‘(ii) the cost-of-living adjustment deter- taxable year in which the credit under this such failure, or if the tribe fails to post a re- mined under section 1(f)(3) for such calendar section is allowed to the taxpayer) and added quired payment bond, then service for the year by substituting ‘calendar year 2000’ for to the credit allowable under subsection (a) tribe shall not be excepted from employment ‘calendar year 1992’ in subparagraph (B) for such succeeding taxable year. under section 3306(c)(7) until any such failure thereof. ‘‘(d) QUALIFIED REHABILITATION EXPENDI- is corrected. This subsection shall apply to If any increase determined under the pre- TURE.—For purposes of this section— an Indian tribe within the meaning of sec- ceding sentence is not a multiple of 5 cents ‘‘(1) IN GENERAL.—The term ‘qualified reha- tion 4(e) of the Indian Self-Determination ($5,000 in the case of the dollar amount in bilitation expenditure’ means any amount and Education Assistance Act (25 U.S.C. subparagraph (C)(ii)(II)), such increase shall properly chargeable to capital account— 450b(e)).’’. be rounded to the nearest multiple thereof.’’. ‘‘(A) in connection with the certified reha- (d) DEFINITIONS.—Section 3306 (relating to (c) CONFORMING AMENDMENTS.— bilitation of a qualified historic home, and definitions) is amended by adding at the end (1) Section 42(h)(3)(C), as amended by sub- ‘‘(B) for property for which depreciation the following new subsection: section (a), is amended— would be allowable under section 168 if the ‘‘(u) INDIAN TRIBE.—For purposes of this qualified historic home were used in a trade chapter, the term ‘Indian tribe’ has the (A) by striking ‘‘clause (ii)’’ in the matter or business. meaning given to such term by section 4(e) following clause (iv) and inserting ‘‘clause ‘‘(2) CERTAIN EXPENDITURES NOT IN- of the Indian Self-Determination and Edu- (i)’’, and CLUDED.— cation Assistance Act (25 U.S.C. 450b(e)), and (B) by striking ‘‘clauses (i)’’ in the matter ‘‘(A) EXTERIOR.—Such term shall not in- includes any subdivision, subsidiary, or busi- following clause (iv) and inserting ‘‘clauses ness enterprise wholly owned by such an In- (ii)’’. clude any expenditure in connection with the dian tribe.’’. (2) Section 42(h)(3)(D)(ii) is amended— rehabilitation of a building unless at least 5 (e) EFFECTIVE DATE; TRANSITION RULE.— (A) by striking ‘‘subparagraph (C)(ii)’’ and percent of the total expenditures made in the (1) EFFECTIVE DATE.—The amendments inserting ‘‘subparagraph (C)(i)’’, and rehabilitation process are allocable to the made by this section shall apply to service (B) by striking ‘‘clauses (i)’’ in subclause rehabilitation of the exterior of such build- performed on or after the date of the enact- (II) and inserting ‘‘clauses (ii)’’. ing. ment of this Act. (d) EFFECTIVE DATE.—The amendments ‘‘(B) OTHER RULES TO APPLY.—Rules similar (2) TRANSITION RULE.—For purposes of the made by this section shall apply to calendar to the rules of clauses (ii) and (iii) of section Federal Unemployment Tax Act, service per- years after 2000. 47(c)(2)(B) shall apply. formed in the employ of an Indian tribe (as SEC. 202. MODIFICATION TO RULES RELATING TO ‘‘(3) MIXED USE OR MULTIFAMILY BUILDING.— defined in section 3306(u) of the Internal Rev- BASIS OF BUILDING WHICH IS ELIGI- If only a portion of a building is used as the BLE FOR CREDIT. enue Code of 1986 (as added by this section)) principal residence of the taxpayer, only (a) CERTAIN NATIVE AMERICAN HOUSING AS- shall not be treated as employment (within qualified rehabilitation expenditures which SISTANCE DISREGARDED IN DETERMINING the meaning of section 3306 of such Code) if— are properly allocable to such portion shall WHETHER BUILDING IS FEDERALLY SUBSIDIZED be taken into account under this section. (A) it is service which is performed before FOR PURPOSES OF THE LOW-INCOME HOUSING the date of the enactment of this Act and CREDIT.—Subparagraph (E) of section 42(i)(2) ‘‘(e) CERTIFIED REHABILITATION.—For pur- with respect to which the tax imposed under (relating to determination of whether build- poses of this section— the Federal Unemployment Tax Act has not ing is federally subsidized) is amended— ‘‘(1) IN GENERAL.—Except as otherwise pro- been paid, and (1) in clause (i), by inserting ‘‘or the Native vided in this subsection, the term ‘certified (B) such Indian tribe reimburses a State American Housing Assistance and Self-De- rehabilitation’ has the meaning given such unemployment fund for unemployment bene- termination Act of 1996 (25 U.S.C. 4101 et term by section 47(c)(2)(C). fits paid for service attributable to such seq.) (as in effect on October 1, 1997)’’ after ‘‘(2) FACTORS TO BE CONSIDERED IN THE CASE tribe for such period. ‘‘this subparagraph)’’, and OF TARGETED AREA RESIDENCES, ETC.— SEC. 176. INCREASE IN SOCIAL SERVICES BLOCK (2) in the subparagraph heading, by insert- ‘‘(A) IN GENERAL.—For purposes of applying GRANT FOR FY 2001. ing ‘‘OR NATIVE AMERICAN HOUSING ASSIST- section 47(c)(2)(C) under this section with re- (a) IN GENERAL.—Section 2003(c) of the So- ANCE’’ after ‘‘HOME ASSISTANCE’’. spect to the rehabilitation of a building to cial Security Act (42 U.S.C. 1397b(c)) is (b) EFFECTIVE DATE.—The amendments which this paragraph applies, consideration amended— made by this section shall apply to— shall be given to— (1) in paragraph (10), by striking ‘‘and’’ at (1) housing credit dollar amounts allocated ‘‘(i) the feasibility of preserving existing the end; after December 31, 2000, and architectural and design elements of the in- (2) in paragraph (11), by striking ‘‘2001’’ and (2) buildings placed in service after such terior of such building, inserting ‘‘2002’’; date to the extent paragraph (1) of section ‘‘(ii) the risk of further deterioration or (3) by redesignating paragraph (11) (as so 42(h) of the Internal Revenue Code of 1986 demolition of such building in the event that amended) as paragraph (12); and does not apply to any building by reason of certification is denied because of the failure (4) by inserting after paragraph (10), the paragraph (4) thereof, but only with respect to preserve such interior elements, and following new paragraph: to bonds issued after such date. ‘‘(iii) the effects of such deterioration or ‘‘(11) $2,400,000,000 for the fiscal year 2001; Subtitle B—Historic Homes demolition on neighboring historic prop- and’’. SEC. 211. TAX CREDIT FOR RENOVATING HIS- erties. (b) EFFECTIVE DATE.—The amendments ‘‘(B) BUILDINGS TO WHICH THIS PARAGRAPH made by subsection (a) take effect October 1, TORIC HOMES. (a) IN GENERAL.—Subpart A of part IV of APPLIES.—This paragraph shall apply with 2000. subchapter A of chapter 1 (relating to non- respect to any building— TITLE II—TAX INCENTIVES FOR refundable personal credits) is amended by ‘‘(i) any part of which is a targeted area AFFORDABLE HOUSING inserting after section 25A the following new residence within the meaning of section Subtitle A—Low-Income Housing Credit section: 143(j)(1), or SEC. 201. MODIFICATION OF STATE CEILING ON ‘‘SEC. 25B. HISTORIC HOMEOWNERSHIP REHA- ‘‘(ii) which is located within an enterprise LOW-INCOME HOUSING CREDIT. BILITATION CREDIT. community or empowerment zone as des- (a) IN GENERAL.—Clauses (i) and (ii) of sec- ‘‘(a) GENERAL RULE.—In the case of an indi- ignated under section 1391, tion 42(h)(3)(C) (relating to State housing vidual, there shall be allowed as a credit but shall not apply with respect to any credit ceiling) are amended to read as fol- against the tax imposed by this chapter for building which is listed in the National Reg- lows: the taxable year an amount equal to 20 per- ister. ‘‘(i) the unused State housing credit ceiling cent of the qualified rehabilitation expendi- ‘‘(3) APPROVED STATE PROGRAM.—The term (if any) of such State for the preceding cal- tures made by the taxpayer with respect to ‘certified rehabilitation’ includes a certifi- endar year, a qualified historic home. cation made by— S9716 CONGRESSIONAL RECORD — SENATE October 3, 2000 ‘‘(A) a State Historic Preservation Officer poration (as defined in such section), such ‘‘(ii) the proceeds of which may not be used who administers a State Historic Preserva- stockholder shall be treated as owning the for any purpose other than the acquisition or tion Program approved by the Secretary of house or apartment which the taxpayer is rehabilitation of such building, and the Interior pursuant to section 101(b)(1) of entitled to occupy as such stockholder. ‘‘(D) in exchange for which such lending in- the National Historic Preservation Act, as in ‘‘(8) ALLOCATION OF EXPENDITURES RELAT- stitution provides the taxpayer— effect on July 21, 1999, or ING TO EXTERIOR OF BUILDING CONTAINING CO- ‘‘(i) a reduction in the rate of interest on ‘‘(B) a local government, certified pursuant OPERATIVE OR CONDOMINIUM UNITS.—The per- the loan which results in interest payment to section 101(c)(1) of the National Historic centage of the total expenditures made in reductions which are substantially equiva- Preservation Act, as in effect on July 21, the rehabilitation of a building containing lent on a present value basis to the face 1999, and authorized by a State Historic cooperative or condominium residential amount of such certificate, or Preservation Officer, or the Secretary of the units allocated to the rehabilitation of the ‘‘(ii) if the taxpayer so elects with respect Interior where there is no approved State exterior of the building shall be attributed to a specified amount of the face amount of program), proportionately to each cooperative or con- such a certificate relating to a building— subject to such terms and conditions as may dominium residential unit in such building ‘‘(I) which is a targeted area residence be specified by the Secretary of the Interior for which a credit under this section is within the meaning of section 143(j)(1), or for the rehabilitation of buildings within the claimed. ‘‘(II) which is located in an enterprise com- jurisdiction of such officer (or local govern- ‘‘(g) WHEN EXPENDITURES TAKEN INTO AC- munity or empowerment zone as designated ment) for purposes of this section. COUNT.—In the case of a building other than under section 1391, ‘‘(f) DEFINITIONS AND SPECIAL RULES.—For a building to which subsection (h) applies, a payment which is substantially equivalent purposes of this section— qualified rehabilitation expenditures shall be to such specified amount to be used to re- ‘‘(1) QUALIFIED HISTORIC HOME.—The term treated for purposes of this section as made duce the taxpayer’s cost of purchasing the ‘qualified historic home’ means a certified on the date the rehabilitation is completed. building (and only the remainder of such face historic structure— ‘‘(h) ALLOWANCE OF CREDIT FOR PURCHASE amount shall be taken into account under ‘‘(A) which has been substantially rehabili- OF REHABILITATED HISTORIC HOME.— clause (i)). tated, and ‘‘(1) IN GENERAL.—In the case of a qualified ‘‘(3) METHOD OF DISCOUNTING.—The present ‘‘(B) which (or any portion of which)— purchased historic home, the taxpayer shall value under paragraph (2)(D)(i) shall be ‘‘(i) is owned by the taxpayer, and be treated as having made (on the date of determined— ‘‘(ii) is used (or will, within a reasonable purchase) the qualified rehabilitation ex- ‘‘(A) for a period equal to the term of the period, be used) by such taxpayer as his prin- penditures made by the seller of such home. loan referred to in subparagraph (D)(i), cipal residence. For purposes of the preceding sentence, ex- ‘‘(B) by using the convention that any pay- ‘‘(2) SUBSTANTIALLY REHABILITATED.—The penditures made by the seller shall be ment on such loan in any taxable year with- term ‘substantially rehabilitated’ has the deemed to be qualified rehabilitation expend- in such period is deemed to have been made meaning given such term by section itures if such expenditures, if made by the on the last day of such taxable year, 47(c)(1)(C); except that, in the case of any purchaser, would be qualified rehabilitation ‘‘(C) by using a discount rate equal to 65 building described in subsection (e)(2), clause expenditures. percent of the average of the annual Federal (i)(I) thereof shall not apply. ‘‘(2) QUALIFIED PURCHASED HISTORIC HOME.— mid-term rate and the annual Federal long- ‘‘(3) PRINCIPAL RESIDENCE.—The term ‘prin- For purposes of this subsection, the term term rate applicable under section 1274(d)(1) cipal residence’ has the same meaning as ‘qualified purchased historic home’ means to the month in which the taxpayer makes when used in section 121. any substantially rehabilitated certified his- an election under paragraph (1) and com- ‘‘(4) CERTIFIED HISTORIC STRUCTURE.— toric structure purchased by the taxpayer pounded annually, and ‘‘(A) IN GENERAL.—The term ‘certified his- if— ‘‘(D) by assuming that the credit allowable toric structure’ means any building (and its ‘‘(A) the taxpayer is the first purchaser of under this section for any year is received on structural components) which— such structure after the date rehabilitation the last day of such year. ‘‘(i) is listed in the National Register, or is completed, and the purchase occurs within ‘‘(4) USE OF CERTIFICATE BY LENDER.—The ‘‘(ii) is located in a registered historic dis- 5 years after such date, amount of the credit specified in the certifi- trict (as defined in section 47(c)(3)(B)) within ‘‘(B) the structure (or a portion thereof) cate shall be allowed to the lender only to which only qualified census tracts (or por- will, within a reasonable period, be the prin- offset the regular tax (as defined in section tions thereof) are located, and is certified by cipal residence of the taxpayer, 55(c)) of such lender. The lender may carry the Secretary of the Interior to the Sec- ‘‘(C) no credit was allowed to the seller forward all unused amounts under this sub- retary as being of historic significance to the under this section or section 47 with respect section until exhausted. district. to such rehabilitation, and ‘‘(5) HISTORIC REHABILITATION MORTGAGE ‘‘(B) CERTAIN STRUCTURES INCLUDED.—Such ‘‘(D) the taxpayer is furnished with such CREDIT CERTIFICATE NOT TREATED AS TAXABLE term includes any building (and its struc- information as the Secretary determines is INCOME.—Notwithstanding any other provi- tural components) which is designated as necessary to determine the credit under this sion of law, no benefit accruing to the tax- being of historic significance under a statute subsection. payer through the use of an historic rehabili- of a State or local government, if such stat- ‘‘(i) HISTORIC REHABILITATION MORTGAGE tation mortgage credit certificate shall be ute is certified by the Secretary of the Inte- CREDIT CERTIFICATE.— treated as taxable income for purposes of rior to the Secretary as containing criteria ‘‘(1) IN GENERAL.—The taxpayer may elect, this title. which will substantially achieve the purpose in lieu of the credit otherwise allowable ‘‘(j) RECAPTURE.— of preserving and rehabilitating buildings of under this section, to receive a historic reha- ‘‘(1) IN GENERAL.—If, before the end of the historic significance. bilitation mortgage credit certificate. An 5-year period beginning on the date on which ‘‘(C) QUALIFIED CENSUS TRACTS.—For pur- election under this paragraph shall be the rehabilitation of the building is com- poses of subparagraph (A)(ii)— made— pleted (or, if subsection (h) applies, the date ‘‘(i) IN GENERAL.—The term ‘qualified cen- ‘‘(A) in the case of a building to which sub- of purchase of such building by the taxpayer, sus tract’ means a census tract in which the section (h) applies, at the time of purchase, or, if subsection (i) applies, the date of the median family income is less than twice the or loan)— statewide median family income. ‘‘(B) in any other case, at the time reha- ‘‘(A) the taxpayer disposes of such tax- ‘‘(ii) DATA USED.—The determination under bilitation is completed. payer’s interest in such building, or clause (i) shall be made on the basis of the ‘‘(2) HISTORIC REHABILITATION MORTGAGE ‘‘(B) such building ceases to be used as the most recent decennial census for which data CREDIT CERTIFICATE.—For purposes of this principal residence of the taxpayer, are available. subsection, the term ‘historic rehabilitation the taxpayer’s tax imposed by this chapter ‘‘(5) REHABILITATION NOT COMPLETE BEFORE mortgage credit certificate’ means a for the taxable year in which such disposi- CERTIFICATION.—A rehabilitation shall not be certificate— tion or cessation occurs shall be increased by treated as complete before the date of the ‘‘(A) issued to the taxpayer, in accordance the recapture percentage of the credit al- certification referred to in subsection (e). with procedures prescribed by the Secretary, lowed under this section for all prior taxable ‘‘(6) LESSEES.—A taxpayer who leases his with respect to a certified rehabilitation, years with respect to such rehabilitation. principal residence shall, for purposes of this ‘‘(B) the face amount of which shall be ‘‘(2) RECAPTURE PERCENTAGE.—For pur- section, be treated as the owner thereof if equal to the credit which would (but for this poses of paragraph (1), the recapture percent- the remaining term of the lease (as of the subsection) be allowable under subsection (a) age shall be determined in accordance with date determined under regulations pre- to the taxpayer with respect to such reha- the following table: scribed by the Secretary) is not less than bilitation, ‘‘If the disposition or The recapture such minimum period as the regulations re- ‘‘(C) which may only be transferred by the cessation occurs percentage is— quire. taxpayer to a lending institution (including within— ‘‘(7) TENANT-STOCKHOLDER IN COOPERATIVE a non-depository institution) in connection (i) One full year after the taxpayer 100 HOUSING CORPORATION.—If the taxpayer holds with a loan— becomes entitled to the credit. stock as a tenant-stockholder (as defined in ‘‘(i) that is secured by the building with re- (ii) One full year after the close of 80 section 216) in a cooperative housing cor- spect to which the credit relates, and the period described in clause (i). October 3, 2000 CONGRESSIONAL RECORD — SENATE S9717 ‘‘If the disposition or The recapture ‘‘(ii) the outstanding principal amount of SEC. 232. MORTGAGE FINANCING FOR RESI- cessation occurs percentage is— any other indebtedness secured by such prop- DENCES LOCATED IN PRESI- within— erty. DENTIALLY DECLARED DISASTER AREAS. (iii) One full year after the close of 60 ‘‘(2) QUALIFIED RESIDENTIAL INDEBTED- (a) IN GENERAL.—Paragraph (11) of section the period described in clause (ii). NESS.— 143(k) of the Internal Revenue Code of 1986 is (iv) One full year after the close of 40 ‘‘(A) IN GENERAL.—The term ‘qualified resi- amended to read as follows: the period described in clause (iii). dential indebtedness’ means indebtedness ‘‘(11) SPECIAL RULES FOR RESIDENCES LO- (v) One full year after the close of 20. which— CATED IN DISASTER AREAS.— the period described in clause (iv). ‘‘(i) was incurred or assumed by the tax- ‘‘(A) HOME IMPROVEMENT LOANS FOR RE- ‘‘(k) BASIS ADJUSTMENTS.—For purposes of payer in connection with real property used PAIRS.—In the case of financing provided by this subtitle, if a credit is allowed under this as the principal residence of the taxpayer section for any expenditure with respect to a qualified home improvement loan for the (within the meaning of section 121) and is se- any property (including any purchase under repair of damage to a residence located in a cured by such real property, subsection (h) and any transfer under sub- disaster area which was sustained as a result ‘‘(ii) is incurred or assumed to acquire, section (i)), the increase in the basis of such of the disaster— construct, reconstruct, or substantially im- property which would (but for this sub- ‘‘(i) the limitation under paragraph (4) section) result from such expenditure shall prove such real property, and shall be increased (but not above $100,000) to be reduced by the amount of the credit so al- ‘‘(iii) with respect to which such taxpayer the extent such loan is for the repair of such lowed. makes an election to have this paragraph damage, and ‘‘(l) DENIAL OF DOUBLE BENEFIT.—No credit apply. ‘‘(ii) subsection (f) (relating to income re- shall be allowed under this section for any ‘‘(B) REFINANCED INDEBTEDNESS.—Such quirement) shall be applied as if such resi- amount for which credit is allowed under term shall include indebtedness resulting dence were a targeted area residence. section 47. from the refinancing of indebtedness under ‘‘(B) PURCHASE OF REPLACEMENT HOME.—In ‘‘(m) REGULATIONS.—The Secretary shall subparagraph (A)(ii), but only to the extent the case of financing provided to acquire a prescribe such regulations as may be appro- the refinanced indebtedness does not exceed residence located in a disaster area by mort- priate to carry out the purposes of this sec- the amount of the indebtedness being refi- gagors whose prior residence was in such tion, including regulations where less than nanced. area and was destroyed or otherwise ren- all of a building is used as a principal resi- ‘‘(C) EXCEPTIONS.—Such term shall not in- dered uninhabitable as a result of the dence and where more than 1 taxpayer use clude qualified farm indebtedness or quali- disaster— the same dwelling unit as their principal res- fied real property business indebtedness.’’. ‘‘(i) subsection (d) (relating to 3-year re- idence.’’. (c) CONFORMING AMENDMENTS.— quirement) shall not apply, and (b) CONFORMING AMENDMENTS.— (1) Paragraph (2) of section 108(a) is ‘‘(ii) subsections (e) and (f) (relating to (1) Section 23(c) is amended by striking purchase price requirement and income re- ‘‘section 1400C’’ and inserting ‘‘sections 25B amended— (A) by striking ‘‘and (D)’’ in subparagraph quirement) shall be applied as if such resi- and 1400C’’. dence were a targeted area residence. (2) Section 25(e)(1)(C) is amended by strik- (A) and inserting ‘‘(D), and (E)’’, and ‘‘(C) FINANCING MUST BE PROVIDED WITHIN 2 ing ‘‘23’’ and inserting ‘‘23, 25B,’’. (B) by amending subparagraph (B) to read as follows: YEARS AFTER DISASTER DECLARATION.—This (3) Section 1016(a) is amended by striking paragraph shall apply only to financing pro- ‘‘and’’ at the end of paragraph (26), by strik- ‘‘(B) INSOLVENCY EXCLUSION TAKES PRECE- DENCE OVER QUALIFIED FARM EXCLUSION; vided within 2 years after the date of the dis- ing the period at the end of paragraph (27) aster declaration. and inserting ‘‘, and’’, and by adding at the QUALIFIED REAL PROPERTY BUSINESS EXCLU- SION; AND QUALIFIED RESIDENTIAL SHORTFALL ‘‘(D) DISASTER AREA.—For purposes of this end the following new item: paragraph, the term ‘disaster area’ means an ‘‘(28) to the extent provided in section EXCLUSION.—Subparagraphs (C), (D), and (E) of paragraph (1) shall not apply to a dis- area determined by the President to warrant 25B(k).’’. assistance from the Federal Government (4) Section 1400C(d) is amended by insert- charge to the extent the taxpayer is insol- vent.’’. under the Robert T. Stafford Disaster Relief ing ‘‘and section 25B’’ after ‘‘this section’’. and Emergency Assistance Act (as in effect (c) CLERICAL AMENDMENT.—The table of (2) Paragraph (1) of section 108(b) is amend- on the date of the enactment of the Tax- sections for subpart A of part IV of sub- ed by striking ‘‘or (C)’’ and inserting ‘‘(C), or payer Relief Act of 1997) and with respect to chapter A of chapter 1 is amended by insert- (E)’’. which the Federal share of disaster pay- ing after the item relating to section 25A the (3) Subsection (c) of section 121 is amended ments exceeds 75 percent. following new item: by adding at the end the following new para- ‘‘(E) APPLICATION OF PARAGRAPH.—This graph: ‘‘Sec. 25B. Historic homeownership rehabili- paragraph shall apply only with respect to ‘‘(3) SPECIAL RULE RELATING TO DISCHARGE tation credit.’’. bonds issued after December 31, 2000.’’. OF INDEBTEDNESS.—The amount of gain (d) EFFECTIVE DATE.—The amendments (b) EFFECTIVE DATE.—The amendment made by this section shall apply to expenses which (but for this paragraph) would be ex- made by this section shall apply to bonds paid or incurred in taxable years beginning cluded from gross income under subsection issued after December 31, 2000. after December 31, 2001. (a) with respect to a principal residence shall be reduced by the amount excluded from Subtitle E—Property and Casualty Insurance Subtitle C—Forgiven Mortgage Obligations gross income under section 108(a)(1)(E) with SEC. 241. EXEMPTION FROM INCOME TAX FOR SEC. 221. EXCLUSION FROM GROSS INCOME FOR respect to such residence.’’. STATE-CREATED ORGANIZATIONS CERTAIN FORGIVEN MORTGAGE OB- PROVIDING PROPERTY AND CAS- LIGATIONS. (d) EFFECTIVE DATE.—The amendments UALTY INSURANCE FOR PROPERTY (a) IN GENERAL.—Paragraph (1) of section made by this section shall apply to dis- FOR WHICH SUCH COVERAGE IS 108(a) (relating to exclusion from gross in- charges after the date of the enactment of OTHERWISE UNAVAILABLE. (a) IN GENERAL.—Subsection (c) of section come) is amended by striking ‘‘or’’ at the this Act. end of both subparagraphs (A) and (C), by 501 (relating to exemption from tax on cor- striking the period at the end of subpara- Subtitle D—Mortgage Revenue Bonds porations, certain trusts, etc.) is amended by graph (D) and inserting ‘‘, or’’, and by insert- adding at the end the following new para- ing after subparagraph (D) the following new SEC. 231. INCREASE IN PURCHASE PRICE LIMITA- graph: subparagraph: TION UNDER MORTGAGE SUBSIDY ‘‘(28)(A) Any association created before BOND RULES BASED ON MEDIAN January 1, 1999, by State law and organized ‘‘(E) in the case of an individual, the in- FAMILY INCOME. debtedness discharged is qualified residential and operated exclusively to provide property indebtedness.’’. (a) IN GENERAL.—Paragraph (1) of section and casualty insurance coverage for property (b) QUALIFIED RESIDENTIAL INDEBTEDNESS 143(e) (relating to purchase price require- located within the State for which the State SHORTFALL.—Section 108 (relating to dis- ment) is amended to read as follows: has determined that coverage in the author- charge of indebtedness) is amended by add- ‘‘(1) IN GENERAL.—An issue meets the re- ized insurance market is limited or unavail- ing at the end the following new subsection: quirements of this subsection only if the ac- able at reasonable rates, if— ‘‘(h) QUALIFIED RESIDENTIAL INDEBTED- quisition cost of each residence the owner-fi- ‘‘(i) no part of the net earnings of which in- NESS.— nancing of which is provided under the issue ures to the benefit of any private share- ‘‘(1) LIMITATIONS.—The amount excluded does not exceed the greater of— holder or individual, under subparagraph (E) of subsection (a)(1) ‘‘(A) 90 percent of the average area pur- ‘‘(ii) except as provided in clause (v), no with respect to any qualified residential in- chase price applicable to the residence, or part of the assets of which may be used for, debtedness shall not exceed the excess (if ‘‘(B) 3.5 times the applicable median family or diverted to, any purpose other than— any) of— income (as defined in subsection (f)(4)).’’. ‘‘(I) to satisfy, in whole or in part, the li- ‘‘(A) the outstanding principal amount of ability of the association for, or with respect such indebtedness (immediately before the (b) EFFECTIVE DATE.—The amendment to, claims made on policies written by the discharge), over made by this section shall apply to obliga- association, ‘‘(B) the sum of— tions issued after the date of the enactment ‘‘(II) to invest in investments authorized ‘‘(i) the amount realized from the sale of of this Act. by applicable law, the real property securing such indebtedness reduced by the cost of such sale, and S9718 CONGRESSIONAL RECORD — SENATE October 3, 2000 ‘‘(III) to pay reasonable and necessary ad- ‘‘(A) an amount equal to $75 multiplied by ‘‘(1) the current generation broadband ministration expenses in connection with the the State population, or credit, plus establishment and operation of the associa- ‘‘(B) $225,000.000. ‘‘(2) the next generation broadband credit. tion and the processing of claims against the ‘‘(2) COST-OF-LIVING ADJUSTMENT.—In the ‘‘(b) CURRENT GENERATION BROADBAND association, or case of a calendar year after 2001, each of the CREDIT; NEXT GENERATION BROADBAND CRED- ‘‘(IV) to make remittances pursuant to dollar amounts contained in paragraph (1) State law to be used by the State to provide shall be increased by an amount equal to— IT.—For purposes of this section— for the payment of claims on policies written ‘‘(A) such dollar amount, multiplied by ‘‘(1) CURRENT GENERATION BROADBAND CRED- by the association, purchase reinsurance ‘‘(B) the cost-of-living adjustment deter- IT.—The current generation broadband credit covering losses under such policies, or to mined under section 1(f)(3) for such calendar for any taxable year is equal to 10 percent of support governmental programs to prepare year by substituting ‘calendar year 2000’ for the qualified expenditures incurred with re- for or mitigate the effects of natural cata- ‘calendar year 1992’ in subparagraph (B) spect to qualified equipment offering current strophic events, thereof. generation broadband services to rural sub- scribers or underserved subscribers and ‘‘(iii) the State law governing the associa- If any increase determined under the pre- taken into account with respect to such tax- tion permits the association to levy assess- ceding sentence is not a multiple of $5 ($5,000 ments on insurance companies authorized to able year. in the case of the dollar amount in para- sell property and casualty insurance in the ‘‘(2) NEXT GENERATION BROADBAND CREDIT.— graph (1)(B)), such increase shall be rounded State, or on property and casualty insurance The next generation broadband credit for to the nearest multiple thereof.’’. policyholders with insurable interests in any taxable year is equal to 20 percent of the (b) EFFECTIVE DATE.—The amendment property located in the State to fund deficits made by this section shall apply to calendar qualified expenditures incurred with respect of the association, including the creation of years after 2000. to qualified equipment offering next genera- reserves, tion broadband services to all rural sub- ‘‘(iv) the plan of operation of the associa- SEC. 302. MODIFICATIONS TO EXPENSING OF EN- VIRONMENTAL REMEDIATION scribers, all underserved subscribers, or any tion is subject to approval by the chief exec- COSTS. other residential subscribers and taken into utive officer or other official of the State, by (a) EXPENSING NOT LIMITED TO SITES IN account with respect to such taxable year. the State legislature, or both, and TARGETED AREAS.—Subsection (c) of section ‘‘(v) the assets of the association revert ‘‘(c) WHEN EXPENDITURES TAKEN INTO AC- 198 is amended to read as follows: upon dissolution to the State, the State’s COUNT.—For purposes of this section— ‘‘(c) QUALIFIED CONTAMINATED SITE.—For ‘‘(1) IN GENERAL.—Qualified expenditures designee, or an entity designated by the purposes of this section— State law governing the association, or with respect to qualified equipment shall be ‘‘(1) IN GENERAL.—The term ‘qualified con- taken into account with respect to the first State law does not permit the dissolution of taminated site’ means any area— the association. taxable year in which current generation ‘‘(A) which is held by the taxpayer for use broadband services or next generation ‘‘(B)(i) An entity described in clause (ii) in a trade or business or for the production shall be disregarded as a separate entity and broadband services are offered by the tax- of income, or which is property described in payer through such equipment to sub- treated as part of the association described section 1221(a)(1) in the hands of the tax- in subparagraph (A) from which it receives scribers. payer, and ‘‘(2) OFFER OF SERVICES.—For purposes of remittances described in clause (ii) if an ‘‘(B) at or on which there has been a re- election is made within 30 days after the paragraph (1), the offer of current generation lease (or threat of release) or disposal of any broadband services or next generation date that such association is determined to hazardous substance. be exempt from tax. broadband services through qualified equip- ‘‘(2) NATIONAL PRIORITIES LISTED SITES NOT ‘‘(ii) An entity is described in this clause if ment occurs when such class of service is INCLUDED.—Such term shall not include any it is an entity or fund created before Janu- purchased by and provided to at least 10 per- site which is on, or proposed for, the na- cent of the subscribers described in sub- ary 1, 1999, pursuant to State law and orga- tional priorities list under section nized and operated exclusively to receive, section (b) which such equipment is capable 105(a)(8)(B) of the Comprehensive Environ- of serving through the legal or contractual hold, and invest remittances from an asso- mental Response, Compensation, and Liabil- ciation described in subparagraph (A) and ex- area access rights or obligations of the tax- ity Act of 1980 (as in effect on the date of the payer. empt from tax under subsection (a), to make enactment of this section). disbursements to pay claims on insurance ‘‘(3) TAXPAYER MUST RECEIVE STATEMENT ‘‘(d) SPECIAL ALLOCATION RULES.— contracts issued by such association, and to FROM STATE ENVIRONMENTAL AGENCY.—An ‘‘(1) CURRENT GENERATION BROADBAND SERV- make disbursements to support govern- area shall be treated as a qualified contami- ICES.—For purposes of determining the cur- mental programs to prepare for or mitigate nated site with respect to expenditures paid rent generation broadband credit under sub- the effects of natural catastrophic events.’’. or incurred during any taxable year only if section (a)(1), if the qualified equipment is (b) UNRELATED BUSINESS TAXABLE IN- the taxpayer receives a statement from the capable of serving both the subscribers de- COME.—Subsection (a) of section 512 (relating scribed under subsection (b)(1) and other sub- to unrelated business taxable income) is appropriate agency of the State in which such area is located that such area meets the scribers, the qualified expenditures shall be amended by adding at the end the following multiplied by a fraction— new paragraph: requirement of paragraph (1)(B). ‘‘(4) APPROPRIATE STATE AGENCY.—For pur- ‘‘(A) the numerator of which is the sum of ‘‘(6) SPECIAL RULE APPLICABLE TO ORGANIZA- poses of paragraph (3), the chief executive of- the total potential subscriber populations TIONS DESCRIBED IN SECTION 501(c)(28).—In the ficer of each State may, in consultation with within the rural areas and the underserved case of an organization described in section areas which the equipment is capable of serv- 501(c)(28), the term ‘unrelated business tax- the Administrator of the Environmental Protection Agency, designate the appro- ing, and able income’ means taxable income for a tax- ‘‘(B) the denominator of which is the total able year computed without the application priate State environmental agency within 60 days of the date of the enactment of this sec- potential subscriber population of the area of section 501(c)(28) if at the end of the imme- which the equipment is capable of serving. diately preceding taxable year the organiza- tion. If the chief executive officer of a State has not designated an appropriate environ- ‘‘(2) NEXT GENERATION BROADBAND SERV- tion’s net equity exceeded 15 percent of the ICES.—For purposes of determining the next total coverage in force under insurance con- mental agency within such 60-day period, the appropriate environmental agency for such generation broadband credit under sub- tracts issued by the organization and out- section (a)(2), if the qualified equipment is standing at the end of such preceding year.’’. State shall be designated by the Adminis- trator of the Environmental Protection capable of serving both the subscribers de- (c) TRANSITIONAL RULE.—No income or scribed under subsection (b)(2) and other sub- gain shall be recognized by an association as Agency.’’. (b) EXTENSION OF TERMINATION DATE.—Sub- scribers, the qualified expenditures shall be a result of a change in status to that of an multiplied by a fraction— association described by section 501(c)(28) of section (h) of section 198 is amended by ‘‘(A) the numerator of which is the sum the Internal Revenue Code of 1986, as amend- striking ‘‘2001’’ and inserting ‘‘2003’’. of— ed by subsection (a). (c) EFFECTIVE DATE.—The amendments ‘‘(i) the total potential subscriber popu- (d) EFFECTIVE DATE.—The amendment made by this section shall apply to expendi- made by subsection (a) shall apply to taxable tures paid or incurred after the date of the lations within the rural areas and under- years beginning after December 31, 2000. enactment of this Act. served areas, plus ‘‘(ii) the total potential subscriber popu- TITLE III—TAX INCENTIVES FOR URBAN SEC. 303. BROADBAND INTERNET ACCESS TAX lation of the area consisting only of residen- AND RURAL INFRASTRUCTURE CREDIT. tial subscribers not described in clause (i), SEC. 301. INCREASE IN STATE CEILING ON PRI- (a) IN GENERAL.—Subpart E of part IV of chapter 1 (relating to rules for computing in- which the equipment is capable of serving, VATE ACTIVITY BONDS. and (a) IN GENERAL.—Paragraphs (1) and (2) of vestment credit) is amended by inserting ‘‘(B) the denominator of which is the total section 146(d) (relating to State ceiling) are after section 48 the following new section: potential subscriber population of the area amended to read as follows: ‘‘SEC. 48A. BROADBAND CREDIT. which the equipment is capable of serving. ‘‘(1) IN GENERAL.—The State ceiling appli- ‘‘(a) GENERAL RULE.—For purposes of sec- cable to any State for any calendar year tion 46, the broadband credit for any taxable ‘‘(e) DEFINITIONS.—For purposes of this shall be the greater of— year is the sum of— section— October 3, 2000 CONGRESSIONAL RECORD — SENATE S9719

‘‘(1) ANTENNA.—The term ‘antenna’ means tion, shall be taken into account under sub- tial subscribers maintaining permanent any device used to transmit or receive sig- paragraph (A) only if it is deployed in con- places of business located in such area. nals through the electromagnetic spectrum, nection with equipment described in sub- ‘‘(18) UNDERSERVED SUBSCRIBER.— including satellite equipment. paragraph (B) and it is uniquely designed to ‘‘(A) IN GENERAL.—The term ‘underserved ‘‘(2) CABLE OPERATOR.—The term ‘cable op- perform the function of packet switching for subscriber’ means a residential subscriber re- erator’ has the meaning given such term by current generation broadband services or siding in a dwelling located in an under- section 602(5) of the Communications Act of next generation broadband services, but only served area or nonresidential subscriber 1934 (47 U.S.C. 522(5)). if such packet switching is the last in a se- maintaining a permanent place of business ‘‘(3) COMMERCIAL MOBILE SERVICE CAR- ries of such functions performed in the trans- located in an underserved area. RIER.—The term ‘commercial mobile service mission of a signal to a subscriber or the ‘‘(B) UNDERSERVED AREA.—The term ‘un- carrier’ means any person authorized to pro- first in a series of such functions performed derserved area’ means any census tract— vide commercial mobile radio service as de- in the transmission of a signal from a sub- ‘‘(i) the poverty level of which is at least 30 fined in section 20.3 of title 47, Code of Fed- scriber. percent (based on the most recent census eral Regulations. ‘‘(11) QUALIFIED EXPENDITURE.— data), ‘‘(4) CURRENT GENERATION BROADBAND SERV- ‘‘(A) IN GENERAL.—The term ‘qualified ex- ‘‘(ii) the median family income of which ICE.—The term ‘current generation penditure’ means any amount— does not exceed— broadband service’ means the transmission ‘‘(i) chargeable to capital account with re- ‘‘(I) in the case of a census tract located in of signals at a rate of at least 1,500,000 bits spect to the purchase and installation of a metropolitan statistical area, 70 percent of per second to the subscriber and at least qualified equipment (including any upgrades the greater of the metropolitan area median 200,000 bits per second from the subscriber. thereto) for which depreciation is allowable family income or the statewide median fam- ‘‘(5) NEXT GENERATION BROADBAND SERV- under section 168, and ily income, and ICE.—The term ‘next generation broadband ‘‘(ii) incurred— ‘‘(II) in the case of a census tract located service’ means the transmission of signals at ‘‘(I) with respect to the provision of cur- in a nonmetropolitan statistical area, 70 per- a rate of at least 22,000,000 bits per second to rent generation broadband service, after De- cent of the nonmetropolitan statewide me- the subscriber and at least 10,000,000 bits per cember 31, 2000, and before January 1, 2004, dian family income, or second from the subscriber. and ‘‘(iii) which is located in an empowerment ‘‘(6) NONRESIDENTIAL SUBSCRIBER.—The ‘‘(II) with respect to the provision of next zone or enterprise community designated term ‘nonresidential subscriber’ means a per- generation broadband service, after Decem- under section 1391. son or entity who purchases broadband serv- ber 31, 2001, and before January 1, 2005. ‘‘(f) DESIGNATION OF CENSUS TRACTS.—The ices which are delivered to the permanent ‘‘(B) CERTAIN SATELLITE EXPENDITURES EX- Secretary shall, not later than 90 days after place of business of such person or entity. CLUDED.—Such term shall not include any the date of the enactment of this section, ‘‘(7) OPEN VIDEO SYSTEM OPERATOR.—The expenditure with respect to the launching of designate and publish those census tracts term ‘open video system operator’ means any satellite equipment. meeting the criteria described in paragraphs any person authorized to provide service ‘‘(12) RESIDENTIAL SUBSCRIBER.—The term (13)(B) and (18)(B) of subsection (e), and such under section 653 of the Communications Act ‘residential subscriber’ means an individual tracts shall remain so designated for the pe- of 1934 (47 U.S.C. 573). who purchases broadband services which are riod ending with the applicable termination ‘‘(8) OTHER WIRELESS CARRIER.—The term delivered to such individual’s dwelling. date described in subsection (e)(11)(A)(ii).’’. ‘other wireless carrier’ means any person ‘‘(13) RURAL SUBSCRIBER.— (b) CREDIT TO BE PART OF INVESTMENT (other than a telecommunications carrier, ‘‘(A) IN GENERAL.—The term ‘rural sub- CREDIT.—Section 46 (relating to the amount commercial mobile service carrier, cable op- scriber’ means a residential subscriber resid- of investment credit) is amended by striking erator, open video system operator, or sat- ing in a dwelling located in a rural area or ‘‘and’’ at the end of paragraph (2), by strik- ellite carrier) providing current generation nonresidential subscriber maintaining a per- ing the period at the end of paragraph (3) and broadband services or next generation manent place of business located in a rural inserting ‘‘, and’’, and by adding at the end broadband service to subscribers through the area. the following new paragraph: radio transmission of energy. ‘‘(B) RURAL AREA.—The term ‘rural area’ ‘‘(4) the broadband credit.’’. ‘‘(9) PACKET SWITCHING.—The term ‘packet means any census tract which— (c) SPECIAL RULE FOR MUTUAL OR COOPERA- switching’ means controlling or routing the ‘‘(i) is not within 10 miles of any incor- TIVE TELEPHONE COMPANIES.—Section path of a digitized transmission signal which porated or census designated place con- 501(c)(12)(B) (relating to list of exempt orga- is assembled into packets or cells. taining more than 25,000 people, and nizations) is amended by striking ‘‘or’’ at the ‘‘(10) QUALIFIED EQUIPMENT.— ‘‘(ii) is not within a county or county end of clause (iii), by striking the period at ‘‘(A) IN GENERAL.—The term ‘qualified equivalent which has an overall population the end of clause (iv) and inserting ‘‘, or’’, equipment’ means equipment capable of pro- density of more than 500 people per square and by adding at the end the following new viding current generation broadband services mile of land. clause: or next generation broadband services at any ‘‘(14) SATELLITE CARRIER.—The term ‘sat- ‘‘(v) from sources not described in subpara- time to each subscriber who is utilizing such ellite carrier’ means any person using the fa- graph (A), but only to the extent such in- services. cilities of a satellite or satellite service li- come does not in any year exceed an amount ‘‘(B) ONLY CERTAIN INVESTMENT TAKEN INTO censed by the Federal Communications Com- equal to the credit for qualified expenditures ACCOUNT.—Except as provided in subpara- mission and operating in the Fixed-Satellite which would be determined under section graph (C), equipment shall be taken into ac- Service under part 25 of title 47 of the Code 48A for such year if the mutual or coopera- count under subparagraph (A) only to the ex- of Federal Regulations or the Direct Broad- tive telephone company was not exempt tent it— cast Satellite Service under part 100 of title from taxation.’’. ‘‘(i) extends from the last point of switch- 47 of such Code to establish and operate a (d) CONFORMING AMENDMENT.—The table of ing to the outside of the unit, building, channel of communications for point-to- sections for subpart E of part IV of sub- dwelling, or office owned or leased by a sub- multipoint distribution of signals, and own- chapter A of chapter 1 is amended by insert- scriber in the case of a telecommunications ing or leasing a capacity or service on a sat- ing after the item relating to section 48 the carrier, ellite in order to provide such point-to- following new item: ‘‘(ii) extends from the customer side of the multipoint distribution. ‘‘Sec. 48A. Broadband credit.’’. mobile telephone switching office to a trans- ‘‘(15) SUBSCRIBER.—The term ‘subscriber’ (e) REGULATORY MATTERS.—No Federal or mission/receive antenna (including such an- means a person who purchases current gen- State agency or instrumentality shall adopt tenna) owned or leased by a subscriber in the eration broadband services or next genera- regulations or ratemaking procedures that case of a commercial mobile service carrier, tion broadband services. would have the effect of confiscating any ‘‘(iii) extends from the customer side of the ‘‘(16) TELECOMMUNICATIONS CARRIER.—The credit or portion thereof allowed under sec- headend to the outside of the unit, building, term ‘telecommunications carrier’ has the tion 48A of the Internal Revenue Code of 1986 dwelling, or office owned or leased by a sub- meaning given such term by section 3(44) of (as added by this section) or otherwise sub- scriber in the case of a cable operator or the Communications Act of 1934 (47 U.S.C. verting the purpose of this section. open video system operator, or 153 (44)), but— (f) STUDY AND REPORT.— ‘‘(iv) extends from a transmission/receive ‘‘(A) includes all members of an affiliated (1) SENSE OF CONGRESS.—It is the sense of antenna (including such antenna) which group of which a telecommunications carrier Congress that in order to maintain competi- transmits and receives signals to or from is a member, and tive neutrality, the credit allowed under sec- multiple subscribers to a transmission/re- ‘‘(B) does not include a commercial mobile tion 48A of the Internal Revenue Code of 1986 ceive antenna (including such antenna) on service carrier. (as added by this section) should be adminis- the outside of the unit, building, dwelling, or ‘‘(17) TOTAL POTENTIAL SUBSCRIBER POPU- tered in such a manner so as to ensure that office owned or leased by a subscriber in the LATION.—The term ‘total potential sub- each class of provider receives the same level case of a satellite carrier or other wireless scriber population’ means, with respect to of financial incentive to deploy current gen- carrier, unless such other wireless carrier is any area and based on the most recent cen- eration broadband services and next genera- also a telecommunications carrier. sus data, the total number of potential resi- tion broadband services. ‘‘(C) PACKET SWITCHING EQUIPMENT.—Pack- dential subscribers residing in dwellings lo- (2) STUDY AND REPORT.—The Secretary of et switching equipment, regardless of loca- cated in such area and potential nonresiden- the Treasury shall, within 180 days after the S9720 CONGRESSIONAL RECORD — SENATE October 3, 2000

effective date of this section, study the im- ‘‘(2) CARRYOVER OF UNUSED CREDIT.—If the ignated under section 104(d)(2) of title 23, pact of the credit allowed under section 48A credit allowable under subsection (a) exceeds United States Code, and of the Internal Revenue Code of 1986 (as the limitation imposed by paragraph (1) for ‘‘(C) the acquisition, financing, or refi- added by this section) on the relative com- such taxable year, such excess shall be car- nancing (as so described) of equipment, roll- petitiveness of potential classes of providers ried to the succeeding taxable year and ing stock, and other capital improvements of current generation broadband services and added to the credit allowable under sub- for other intercity passenger rail corridors, next generation broadband services, and section (a) for such taxable year. including station rehabilitation or construc- shall report to Congress the findings of such ‘‘(d) QUALIFIED AMTRAK BOND.—For pur- tion, track or signal improvements, or the study, together with any legislative or regu- poses of this part— elimination of grade crossings. latory proposals determined to be necessary ‘‘(1) IN GENERAL.—The term ‘qualified Am- ‘‘(e) LIMITATIONS ON AMOUNT OF BONDS DES- to ensure that the purposes of such credit trak bond’ means any bond issued as part of IGNATED.— can be furthered without impacting competi- an issue if— ‘‘(1) IN GENERAL.—There is a qualified Am- tive neutrality among such classes of pro- ‘‘(A) 95 percent or more of the proceeds of trak bond limitation for each fiscal year. viders. such issue are— Such limitation is— (g) EFFECTIVE DATES.— ‘‘(i) to be used for any qualified project, or ‘‘(A) $1,000,000,000 for each of the fiscal (1) IN GENERAL.—Except as provided in ‘‘(ii) to be pledged to secure payments and paragraph (2), the amendments made by this other obligations incurred by the National years 2001 through 2010, and section shall apply to expenditures incurred Railroad Passenger Corporation in connec- ‘‘(B) except as provided in paragraph (5), after December 31, 2000. tion with any qualified project, zero after fiscal year 2010. (2) SPECIAL RULE.—The amendments made ‘‘(B) the bond is issued by the National ‘‘(2) BONDS FOR RAIL CORRIDORS.— by subsection (c) shall apply to amounts re- Railroad Passenger Corporation, ‘‘(A) IN GENERAL.—Not more than ceived after December 31, 2000. ‘‘(C) the issuer— $3,000,000,000 of the limitation under para- SEC. 304. CREDIT TO HOLDERS OF QUALIFIED ‘‘(i) designates such bond for purposes of graph (1) may be designated for any 1 rail AMTRAK BONDS. this section, corridor described in subparagraph (A) or (B) (a) IN GENERAL.—Part IV of subchapter A ‘‘(ii) certifies that it meets the State con- of subsection (d)(3). of chapter 1 (relating to credits against tax) tribution requirement of paragraph (2) with ‘‘(B) SPECIFIC QUALIFIED PROJECT ALLOCA- is amended by adding at the end the fol- respect to such project, and TION.—Of the amount described in subpara- lowing new subpart: ‘‘(iii) certifies that it has obtained the graph (A), the Secretary of Transportation ‘‘Subpart H—Nonrefundable Credit for written approval of the Secretary of Trans- shall allocate $92,000,000 for the acquisition Holders of Qualified Amtrak Bonds portation for such project, and installation of platform facilities, per- ‘‘Sec. 54. Credit to holders of qualified Am- ‘‘(D) the term of each bond which is part of formance of railroad force account work nec- trak bonds. such issue does not exceed 20 years, and essary to complete improvements below street grade, and any other necessary im- ‘‘SEC. 54. CREDIT TO HOLDERS OF QUALIFIED ‘‘(E) the payment of principal with respect AMTRAK BONDS. to such bond is guaranteed by the National provements related to construction at the ‘‘(a) ALLOWANCE OF CREDIT.—In the case of Railroad Passenger Corporation. railroad station at the James A. Farley Post a taxpayer who holds a qualified Amtrak ‘‘(2) STATE CONTRIBUTION REQUIREMENT.— Office Building in New York City, New York. bond on a credit allowance date of such bond ‘‘(A) IN GENERAL.—For purposes of para- ‘‘(3) BONDS FOR OTHER PROJECTS.—Not more which occurs during the taxable year, there graph (1)(C)(ii), the State contribution re- than 10 percent of the limitation under para- shall be allowed as a credit against the tax quirement of this paragraph is met with re- graph (1) for any fiscal year may be allocated imposed by this chapter for such taxable spect to any qualified project if the National to qualified projects described in subsection year an amount equal to the sum of the cred- Railroad Passenger Corporation has a writ- (d)(3)(C). its determined under subsection (b) with re- ten binding commitment from 1 or more ‘‘(4) BONDS FOR ALASKA RAILROAD.—The spect to credit allowance dates during such States to make matching contributions not Secretary of Transportation may allocate to year on which the taxpayer holds such bond. later than the date of issuance of the issue of the Alaska Railroad a portion of the quali- ‘‘(b) AMOUNT OF CREDIT.— not less than 20 percent of the cost of the fied Amtrak limitation for any fiscal year in ‘‘(1) IN GENERAL.—The amount of the credit qualified project. order to allow the Alaska Railroad to issue determined under this subsection with re- ‘‘(B) USE OF STATE MATCHING CONTRIBU- bonds which meet the requirements of this spect to any credit allowance date for a TIONS.—The matching contributions de- section for use in financing any project de- qualified Amtrak bond is 25 percent of the scribed in subparagraph (A) with respect to scribed in subsection (d)(3)(C). For purposes annual credit determined with respect to each qualified project shall be used— of this section, the Alaska Railroad shall be such bond. ‘‘(i) in the case of an amount not to exceed treated in the same manner as the National ‘‘(2) ANNUAL CREDIT.—The annual credit de- 20 percent of the cost of such project, to re- Passenger Railroad Corporation. termined with respect to any qualified Am- deem bonds which are a part of the issue ‘‘(5) CARRYOVER OF UNUSED LIMITATION.—If trak bond is the product of— with respect to such project, and for any fiscal year— ‘‘(A) the applicable credit rate, multiplied ‘‘(ii) in the case of any remaining amount, ‘‘(A) the limitation amount under para- by at the election of the National Railroad Pas- graph (1), exceeds ‘‘(B) the outstanding face amount of the senger Corporation and the contributing ‘‘(B) the amount of bonds issued during bond. State— such year which are designated under sub- ‘‘(3) APPLICABLE CREDIT RATE.—For pur- ‘‘(I) to fund the qualified project, section (d)(1)(C)(i), poses of paragraph (2), the applicable credit ‘‘(II) to redeem such bonds, or the limitation amount under paragraph (1) rate with respect to an issue is the rate ‘‘(III) for the purposes of subclauses (I) and for the following fiscal year (through fiscal equal to an average market yield (as of the (II). year 2014) shall be increased by the amount day before the date of issuance of the issue) ‘‘(C) STATE MATCHING CONTRIBUTIONS MAY of such excess. on outstanding long-term corporate debt ob- NOT INCLUDE FEDERAL FUNDS.—For purposes ‘‘(6) PREFERENCE FOR GREATER STATE PAR- ligations (determined under regulations pre- of this paragraph, State matching contribu- TICIPATION.—In selecting qualified projects scribed by the Secretary). tions shall not be derived, directly or indi- for allocation of the qualified Amtrak bond ‘‘(4) SPECIAL RULE FOR ISSUANCE AND RE- rectly, from Federal funds, including any limitation under this subsection, the Sec- DEMPTION.—In the case of a bond which is transfers from the Highway Trust Fund retary of Transportation shall give pref- issued during the 3-month period ending on a under section 9503. erence to any project with a State matching credit allowance date, the amount of the ‘‘(D) NO STATE CONTRIBUTION REQUIREMENT contribution rate exceeding 20 percent. credit determined under this subsection with FOR CERTAIN QUALIFIED PROJECT.—With re- ‘‘(f) OTHER DEFINITIONS.—For purposes of respect to such credit allowance date shall spect to the qualified project described in this subpart— be a ratable portion of the credit otherwise subsection (e)(2)(B), the State contribution ‘‘(1) BOND.—The term ‘bond’ includes any determined based on the portion of the 3- requirement of this paragraph is zero. obligation. month period during which the bond is out- ‘‘(3) QUALIFIED PROJECT.—The term ‘quali- ‘‘(2) CREDIT ALLOWANCE DATE.—The term standing. A similar rule shall apply when the fied project’ means— ‘credit allowance date’ means— bond is redeemed. ‘‘(A) the acquisition, financing, or refi- ‘‘(c) LIMITATION BASED ON AMOUNT OF nancing (as described in paragraph (1)(A)(ii)) ‘‘(A) March 15, TAX.— of equipment, rolling stock, and other cap- ‘‘(B) June 15, ‘‘(1) IN GENERAL.—The credit allowed under ital improvements for the northeast rail cor- ‘‘(C) September 15, and subsection (a) for any taxable year shall not ridor between Washington, D.C. and Boston, ‘‘(D) December 15. exceed the excess of— Massachusetts (including the project de- Such term includes the last day on which the ‘‘(A) the sum of the regular tax liability scribed in subsection (e)(2)(B)), bond is outstanding. (as defined in section 26(b)) plus the tax im- ‘‘(B) the acquisition, financing, or refi- ‘‘(3) STATE.—The term ‘State’ includes the posed by section 55, over nancing (as so described) of equipment, roll- District of Columbia. ‘‘(B) the sum of the credits allowable under ing stock, and other capital improvements ‘‘(g) CREDIT INCLUDED IN GROSS INCOME.— this part (other than this subpart and sub- for the improvement of train speeds or safety Gross income includes the amount of the part C). (or both) on the high-speed rail corridors des- credit allowed to the taxpayer under this October 3, 2000 CONGRESSIONAL RECORD — SENATE S9721 section (determined without regard to sub- the qualified Amtrak bond as if it were a trak bonds issued pursuant to section 54 of section (c)) and the amount so included shall stripped bond and to the credit under this such Code (as so added). be treated as interest income. section as if it were a stripped coupon. (B) PROJECT OVERSIGHT.—The National ‘‘(h) SPECIAL RULES RELATING TO ARBI- ‘‘(4) TREATMENT FOR ESTIMATED TAX PUR- Railroad Passenger Corporation shall con- TRAGE.— POSES.—Solely for purposes of sections 6654 tract for an annual independent assessment ‘‘(1) IN GENERAL.—A bond shall not be and 6655, the credit allowed by this section of the costs and benefits of the qualified treated as failing to meet the requirements to a taxpayer by reason of holding a quali- projects financed by such qualified Amtrak of subsection (d)(1) solely by reason of the fied Amtrak bond on a credit allowance date bonds, including an assessment of the invest- fact that proceeds of the issue of which such shall be treated as if it were a payment of es- ment evaluation process of the Corporation. bond is a part are invested for a temporary timated tax made by the taxpayer on such The annual assessment shall be included in period (but not more than 36 months) until date. the plan submitted under paragraph (1). such proceeds are needed for the purpose for ‘‘(5) CREDIT MAY BE TRANSFERRED.—Noth- (f) PROTECTION OF HIGHWAY TRUST FUND.— which such issue was issued. ing in any law or rule of law shall be con- (1) CERTIFICATION BY THE SECRETARY OF THE ‘‘(2) REASONABLE EXPECTATION AND BINDING strued to limit the transferability of the TREASURY.—The issuance of any qualified COMMITMENT REQUIREMENTS.—Paragraph (1) credit allowed by this section through sale Amtrak bonds by the National Passenger shall apply to an issue only if, as of the date and repurchase agreements. Railroad Corporation pursuant to section 54 of issuance, the issuer reasonably expects— ‘‘(6) REPORTING.—Issuers of qualified Am- of the Internal Revenue Code of 1986 (as ‘‘(A) that at least 95 percent of the pro- trak bonds shall submit reports similar to added by this section) is conditioned on cer- ceeds of the issue will be spent for 1 or more the reports required under section 149(e).’’. tification by the Secretary of the Treasury, qualified projects within the 3-year period (b) REPORTING.—Subsection (d) of section after consultation with the Secretary of beginning on such date, 6049 (relating to returns regarding payments Transportation, within 30 days of a request ‘‘(B) to incur a binding commitment with a of interest) is amended by adding at the end by the issuer, that with respect to funds of third party to spend at least 10 percent of the the following new paragraph: the Highway Trust Fund described under proceeds of the issue, or to commence pre- ‘‘(8) REPORTING OF CREDIT ON QUALIFIED AM- paragraph (2), the issuer either— liminary engineering or construction, with TRAK BONDS.— (A) has not received such funds during fis- respect to such projects within the 6-month ‘‘(A) IN GENERAL.—For purposes of sub- cal years commencing with fiscal year 2001 period beginning on such date, and section (a), the term ‘interest’ includes and ending before the fiscal year the bonds ‘‘(C) that the remaining proceeds of the amounts includible in gross income under are issued, or issue will be spent with due diligence with section 54(g) and such amounts shall be (B) has repaid to the Highway Trust Fund respect to such projects. treated as paid on the credit allowance date any such funds which were received during ‘‘(3) EARNINGS ON PROCEEDS.—Any earnings such fiscal years. on proceeds during the temporary period (as defined in section 54(f)(2)). (2) APPLICABILITY.—This subsection shall shall be treated as proceeds of the issue for ‘‘(B) REPORTING TO CORPORATIONS, ETC.— Except as otherwise provided in regulations, apply to funds received directly or indirectly purposes of applying subsection (d)(1) and from the Highway Trust Fund established paragraph (1) of this subsection. in the case of any interest described in sub- under section 9503 of the Internal Revenue ‘‘(i) USE OF TRUST ACCOUNT.— paragraph (A) of this paragraph, subsection Code of 1986, except for funds authorized to ‘‘(1) IN GENERAL.—The amount of any (b)(4) of this section shall be applied without be expended under section 9503(c) of such matching contribution with respect to a regard to subparagraphs (A), (H), (I), (J), (K), Code, as in effect on the date of the enact- qualified project described in subsection and (L)(i). ment of this Act. (d)(2)(B)(i) or (d)(2)(B)(ii)(II) and the tem- ‘‘(C) REGULATORY AUTHORITY.—The Sec- (3) NO RETROACTIVE EFFECT.—Nothing in porary period investment earnings on pro- retary may prescribe such regulations as are this subsection shall adversely affect the en- ceeds of the issue with respect to such necessary or appropriate to carry out the titlement of the holders of qualified Amtrak project described in subsection (h)(1), and purposes of this paragraph, including regula- bonds to the tax credit allowed pursuant to any earnings thereon, shall be held in a trust tions which require more frequent or more section 54 of the Internal Revenue Code of account by a trustee independent of the Na- detailed reporting.’’. 1986 (as so added) or to repayment of prin- tional Railroad Passenger Corporation to be (c) CLERICAL AMENDMENTS.— cipal upon maturity. used to redeem bonds which are part of such (1) The table of subparts for part IV of sub- issue. chapter A of chapter 1 is amended by adding SEC. 305. CLARIFICATION OF CONTRIBUTION IN AID OF CONSTRUCTION. ‘‘(2) USE OF REMAINING FUNDS IN TRUST AC- at the end the following new item: (a) IN GENERAL.—Subparagraph (A) of sec- COUNT.—Upon the repayment of the principal ‘‘Subpart H. Nonrefundable Credit for Hold- tion 118(c)(3) (relating to definitions) is of all qualified Amtrak bonds issued under ers of Qualified Amtrak amended to read as follows: this section, any remaining funds in the Bonds.’’. ‘‘(A) CONTRIBUTION IN AID OF CONSTRUC- trust account described in paragraph (1) TION.—The term ‘contribution in aid of con- shall be available to the trustee described in (2) Section 6401(b)(1) is amended by strik- struction’ shall be defined by regulations paragraph (1) to meet any remaining obliga- ing ‘‘and G’’ and inserting ‘‘G, and H’’. prescribed by the Secretary, except that tions under any guaranteed investment con- (d) EFFECTIVE DATE.—The amendments such term— tract used to secure earnings sufficient to made by this section shall apply to obliga- ‘‘(i) shall include amounts paid as cus- repay the principal of such bonds. tions issued after September 30, 2000. tomer connection fees (including amounts ‘‘(j) OTHER SPECIAL RULES.— (e) MULTI-YEAR CAPITAL SPENDING PLAN paid to connect the customer’s line to or ex- ‘‘(1) PARTNERSHIP; S CORPORATION; AND AND OVERSIGHT.— tend a main water or sewer line), and OTHER PASS-THRU ENTITIES.—Under regula- (1) AMTRAK CAPITAL SPENDING PLAN.— ‘‘(ii) shall not include amounts paid as tions prescribed by the Secretary, in the case (A) IN GENERAL.—The National Railroad service charges for starting or stopping serv- of a partnership, trust, S corporation, or Passenger Corporation shall annually submit ices.’’. other pass-thru entity, rules similar to the to the President and Congress a multi-year (b) EFFECTIVE DATE.—The amendment capital spending plan, as approved by the rules of section 41(g) shall apply with respect made by subsection (a) shall apply to to the credit allowable under subsection (a). Board of Directors of the Corporation. amounts received after the date of the enact- ‘‘(2) BONDS HELD BY REGULATED INVESTMENT (B) CONTENTS OF PLAN.—Such plan shall ment of this Act. COMPANIES.—If any qualified Amtrak bond is identify the capital investment needs of the SEC. 306. RECOVERY PERIOD FOR DEPRECIATION held by a regulated investment company, the Corporation over a period of not less than 5 OF CERTAIN LEASEHOLD IMPROVE- credit determined under subsection (a) shall years and the funding sources available to fi- MENTS. be allowed to shareholders of such company nance such needs and shall prioritize such (a) 15-YEAR RECOVERY PERIOD.—Subpara- under procedures prescribed by the Sec- needs according to corporate goals and strat- graph (E) of section 168(e)(3) (relating to 15- retary. egies. year property) is amended by striking ‘‘and’’ ‘‘(3) CREDITS MAY BE STRIPPED.—Under reg- (C) INITIAL SUBMISSION DATE.—The first at the end of clause (ii), by striking the pe- ulations prescribed by the Secretary— plan shall be submitted before the issuance riod at the end of clause (iii) and inserting ‘‘, ‘‘(A) IN GENERAL.—There may be a separa- of any qualified Amtrak bonds pursuant to and’’, and by adding at the end the following tion (including at issuance) of the ownership section 54 of the Internal Revenue Code of new clause: of a qualified Amtrak bond and the entitle- 1986 (as added by this section). ‘‘(iv) any qualified leasehold improvement ment to the credit under this section with (2) OVERSIGHT OF AMTRAK TRUST ACCOUNT property.’’. respect to such bond. In case of any such sep- AND QUALIFIED PROJECTS.— (b) QUALIFIED LEASEHOLD IMPROVEMENT aration, the credit under this section shall (A) TRUST ACCOUNT OVERSIGHT.—The Sec- PROPERTY.—Subsection (e) of section 168 is be allowed to the person who on the credit retary of the Treasury shall annually report amended by adding at the end the following allowance date holds the instrument evi- to Congress as to whether the amount depos- new paragraph: dencing the entitlement to the credit and ited in the trust account established by the ‘‘(6) QUALIFIED LEASEHOLD IMPROVEMENT not to the holder of the bond. National Passenger Railroad Corporation PROPERTY.— ‘‘(B) CERTAIN RULES TO APPLY.—In the case under section 54(i) of such Code (as so added) ‘‘(A) IN GENERAL.—The term ‘qualified of a separation described in subparagraph is sufficient to fully repay at maturity the leasehold improvement property’ means any (A), the rules of section 1286 shall apply to principal of any outstanding qualified Am- improvement to an interior portion of a S9722 CONGRESSIONAL RECORD — SENATE October 3, 2000

building which is nonresidential real prop- ‘‘(2) DISTRIBUTIONS.—Distributions from a ‘‘(f ) SPECIAL RULES.— erty if— FFARRM Account may not be used to pur- ‘‘(1) TAX ON DEPOSITS IN ACCOUNT WHICH ARE ‘‘(i) such improvement is made under or chase, lease, or finance any new fishing ves- NOT DISTRIBUTED WITHIN 5 YEARS.— pursuant to a lease (as defined in subsection sel, add capacity to any fishery, or otherwise ‘‘(A) IN GENERAL.—If, at the close of any (h)(7))— contribute to the overcapitalization of any taxable year, there is a nonqualified balance ‘‘(I) by the lessee (or any sublessee) of such fishery. The Secretary of Commerce shall in any FFARRM Account— portion, or implement regulations to enforce this para- ‘‘(i) there shall be deemed distributed from ‘‘(II) by the lessor of such portion, graph. such Account during such taxable year an ‘‘(ii) the original use of such improvement ‘‘(c) ELIGIBLE BUSINESSES.—For purposes of amount equal to such balance, and begins with the lessee and after December 31, this section— ‘‘(ii) the taxpayer’s tax imposed by this 2006, ‘‘(1) ELIGIBLE FARMING BUSINESS.—The term chapter for such taxable year shall be in- ‘‘(iii) such portion is to be occupied exclu- ‘eligible farming business’ means any farm- creased by 10 percent of such deemed dis- sively by the lessee (or any sublessee) of such ing business (as defined in section 263A(e)(4)) tribution. which is not a passive activity (within the portion, and The preceding sentence shall not apply if an meaning of section 469(c)) of the taxpayer. ‘‘(iv) such improvement is placed in service amount equal to such nonqualified balance is ‘‘(2) COMMERCIAL FISHING.—The term ‘com- more than 3 years after the date the building distributed from such Account to the tax- mercial fishing’ has the meaning given such was first placed in service. payer before the due date (including exten- ‘‘(B) CERTAIN IMPROVEMENTS NOT IN- term by section (3) of the Magnuson-Stevens Fishery Conservation and Management Act sions) for filing the return of tax imposed by CLUDED.—Such term shall not include any this chapter for such year (or, if earlier, the improvement for which the expenditure is (16 U.S.C. 1802) but only if such fishing is not a passive activity (within the meaning of date the taxpayer files such return for such attributable to— year). ‘‘(i) the enlargement of the building, section 469(c)) of the taxpayer. ‘‘(B) NONQUALIFIED BALANCE.—For purposes ‘‘(ii) any elevator or escalator, ‘‘(d) FFARRM ACCOUNT.—For purposes of this section— of subparagraph (A), the term ‘nonqualified ‘‘(iii) any structural component benefiting balance’ means any balance in the Account a common area, and ‘‘(1) IN GENERAL.—The term ‘FFARRM Ac- count’ means a trust created or organized in on the last day of the taxable year which is ‘‘(iv) the internal structural framework of attributable to amounts deposited in such the building. the United States for the exclusive benefit of the taxpayer, but only if the written gov- Account before the 4th preceding taxable ‘‘(C) DEFINITIONS AND SPECIAL RULES.—For year. purposes of this paragraph— erning instrument creating the trust meets the following requirements: ‘‘(C) ORDERING RULE.—For purposes of this ‘‘(i) COMMITMENT TO LEASE TREATED AS ‘‘(A) No contribution will be accepted for paragraph, distributions from a FFARRM LEASE.—A commitment to enter into a lease any taxable year in excess of the amount al- Account (other than distributions of current shall be treated as a lease, and the parties to lowed as a deduction under subsection (a) for income) shall be treated as made from depos- such commitment shall be treated as lessor such year. its in the order in which such deposits were and lessee, respectively, if the lease is in ef- ‘‘(B) The trustee is a bank (as defined in made, beginning with the earliest deposits. fect at the time the property is placed in section 408(n)) or another person who dem- ‘‘(2) CESSATION IN ELIGIBLE BUSINESS.—At service. onstrates to the satisfaction of the Secretary the close of the first disqualification period ‘‘(ii) RELATED PERSONS.—A lease between that the manner in which such person will after a period for which the taxpayer was en- related persons shall not be considered a administer the trust will be consistent with gaged in an eligible farming business or com- lease. For purposes of the preceding sen- the requirements of this section. mercial fishing, there shall be deemed dis- tence, the term ‘related persons’ means— ‘‘(C) The assets of the trust consist en- tributed from the FFARRM Account of the ‘‘(I) members of an affiliated group (as de- tirely of cash or of obligations which have taxpayer an amount equal to the balance in fined in section 1504), and adequate stated interest (as defined in sec- such Account (if any) at the close of such ‘‘(II) persons having a relationship de- tion 1274(c)(2)) and which pay such interest disqualification period. For purposes of the scribed in subsection (b) of section 267(b) or not less often than annually. preceding sentence, the term ‘disqualifica- 707(b)(1); except that, for purposes of this ‘‘(D) All income of the trust is distributed tion period’ means any period of 2 consecu- clause, the phrase ‘80 percent or more’ shall currently to the grantor. tive taxable years for which the taxpayer is be substituted for the phrase ‘more than 50 ‘‘(E) The assets of the trust will not be not engaged in an eligible farming business percent’ each place it appears in such sub- commingled with other property except in a or commercial fishing. sections.’’. common trust fund or common investment ‘‘(3) CERTAIN RULES TO APPLY.—Rules simi- (c) REQUIREMENT TO USE STRAIGHT LINE fund. lar to the following rules shall apply for pur- METHOD.—Paragraph (3) of section 168(b) is poses of this section: amended by adding at the end the following ‘‘(2) ACCOUNT TAXED AS GRANTOR TRUST.— ‘‘(A) Section 220(f )(8) (relating to treat- new subparagraph: The grantor of a FFARRM Account shall be ment on death). ‘‘(G) Qualified leasehold improvement treated for purposes of this title as the ‘‘(B) Section 408(e)(2) (relating to loss of property described in subsection (e)(6).’’. owner of such Account and shall be subject (d) EFFECTIVE DATE.—The amendments to tax thereon in accordance with subpart E exemption of account where individual en- made by this section shall apply to qualified of part I of subchapter J of this chapter (re- gages in prohibited transaction). leasehold improvement property placed in lating to grantors and others treated as sub- ‘‘(C) Section 408(e)(4) (relating to effect of service after December 31, 2006. stantial owners). pledging account as security). ‘‘(e) INCLUSION OF AMOUNTS DISTRIBUTED.— ‘‘(D) Section 408(g) (relating to community TITLE IV—TAX RELIEF FOR FARMERS ‘‘(1) IN GENERAL.—Except as provided in property laws). SEC. 401. FARM, FISHING, AND RANCH RISK MAN- paragraph (2), there shall be includible in the ‘‘(E) Section 408(h) (relating to custodial AGEMENT ACCOUNTS. gross income of the taxpayer for any taxable accounts). (a) IN GENERAL.—Subpart C of part II of year— ‘‘(4) TIME WHEN PAYMENTS DEEMED MADE.— subchapter E of chapter 1 (relating to tax- able year for which deductions taken) is ‘‘(A) any amount distributed from a For purposes of this section, a taxpayer shall amended by inserting after section 468B the FFARRM Account of the taxpayer during be deemed to have made a payment to a following new section: such taxable year, and FFARRM Account on the last day of a tax- ‘‘(B) any deemed distribution under— able year if such payment is made on ac- ‘‘SEC. 468C. FARM, FISHING, AND RANCH RISK MANAGEMENT ACCOUNTS. ‘‘(i) subsection (f )(1) (relating to deposits count of such taxable year and is made on or ‘‘(a) DEDUCTION ALLOWED.—In the case of not distributed within 5 years), before the due date (without regard to exten- an individual engaged in an eligible farming ‘‘(ii) subsection (f )(2) (relating to cessation sions) for filing the return of tax for such business or commercial fishing, there shall in eligible farming business), and taxable year. be allowed as a deduction for any taxable ‘‘(iii) subparagraph (B) or (C) of subsection ‘‘(5) INDIVIDUAL.—For purposes of this sec- year the amount paid in cash by the tax- (f )(3) (relating to prohibited transactions tion, the term ‘individual’ shall not include payer during the taxable year to a Farm, and pledging account as security). an estate or trust. Fishing, and Ranch Risk Management Ac- ‘‘(2) EXCEPTIONS.—Paragraph (1)(A) shall ‘‘(6) DEDUCTION NOT ALLOWED FOR SELF-EM- count (hereinafter referred to as the not apply to— PLOYMENT TAX.—The deduction allowable by ‘FFARRM Account’). ‘‘(A) any distribution to the extent attrib- reason of subsection (a) shall not be taken ‘‘(b) LIMITATION.— utable to income of the Account, and into account in determining an individual’s ‘‘(1) CONTRIBUTIONS.—The amount which a ‘‘(B) the distribution of any contribution net earnings from self-employment (within taxpayer may pay into the FFARRM Ac- paid during a taxable year to a FFARRM Ac- the meaning of section 1402(a)) for purposes count for any taxable year shall not exceed count to the extent that such contribution of chapter 2. 20 percent of so much of the taxable income exceeds the limitation applicable under sub- ‘‘(g) REPORTS.—The trustee of a FFARRM of the taxpayer (determined without regard section (b) if requirements similar to the re- Account shall make such reports regarding to this section) which is attributable (deter- quirements of section 408(d)(4) are met. such Account to the Secretary and to the mined in the manner applicable under sec- For purposes of subparagraph (A), distribu- person for whose benefit the Account is tion 1301) to any eligible farming business or tions shall be treated as first attributable to maintained with respect to contributions, commercial fishing. income and then to other amounts. distributions, and such other matters as the October 3, 2000 CONGRESSIONAL RECORD — SENATE S9723 Secretary may require under regulations. SEC. 402. WRITTEN AGREEMENT RELATING TO tribution of food by a taxpayer in a farming The reports required by this subsection shall EXCLUSION OF CERTAIN FARM business (as defined in section 263A(e)(4)), be filed at such time and in such manner and RENTAL INCOME FROM NET EARN- paragraph (3)(A) shall be applied without re- furnished to such persons at such time and in INGS FROM SELF-EMPLOYMENT. gard to whether or not the contribution is such manner as may be required by such reg- (a) INTERNAL REVENUE CODE.—Section made by a corporation. 1402(a)(1)(A) (relating to net earnings from ulations.’’. ‘‘(B) LIMIT ON REDUCTION.—In the case of a self-employment) is amended by striking ‘‘an (b) TAX ON EXCESS CONTRIBUTIONS.— charitable contribution of food which is a arrangement’’ and inserting ‘‘a lease agree- (1) Subsection (a) of section 4973 (relating qualified contribution (within the meaning ment’’. to tax on excess contributions to certain tax- of paragraph (3)(A), as modified by subpara- (b) SOCIAL SECURITY ACT.—Section favored accounts and annuities) is amended graph (A) of this paragraph)— 211(a)(1)(A) of the Social Security Act is by striking ‘‘or’’ at the end of paragraph (3), ‘‘(i) paragraph (3)(B) shall not apply, and amended by striking ‘‘an arrangement’’ and by redesignating paragraph (4) as paragraph ‘‘(ii) the reduction under paragraph (1)(A) inserting ‘‘a lease agreement’’. (5), and by inserting after paragraph (3) the for such contribution shall be no greater (c) EFFECTIVE DATE.—The amendments following new paragraph: made by this section shall apply to taxable than the amount (if any) by which the ‘‘(4) a FFARRM Account (within the mean- years beginning after December 31, 2000. amount of such contribution exceeds twice ing of section 468C(d)), or’’. the basis of such food. SEC. 403. TREATMENT OF CONSERVATION RE- (2) Section 4973 is amended by adding at ‘‘(C) DETERMINATION OF BASIS.—For pur- SERVE PROGRAM PAYMENTS AS the end the following new subsection: RENTALS FROM REAL ESTATE. poses of this paragraph, if a taxpayer uses ‘‘(g) EXCESS CONTRIBUTIONS TO FFARRM (a) IN GENERAL.—Section 1402(a)(1) (defin- the cash method of accounting, the basis of ACCOUNTS.—For purposes of this section, in ing net earnings from self-employment) is any qualified contribution of such taxpayer the case of a FFARRM Account (within the amended by inserting ‘‘and including pay- shall be deemed to be 50 percent of the fair meaning of section 468C(d)), the term ‘excess ments under section 1233(2) of the Food Secu- market value of such contribution. contributions’ means the amount by which rity Act of 1985 (16 U.S.C. 3833(2))’’ after ‘‘(D) DETERMINATION OF FAIR MARKET the amount contributed for the taxable year ‘‘crop shares’’. VALUE.—In the case of a charitable contribu- to the Account exceeds the amount which (b) EFFECTIVE DATE.—The amendment tion of food which is a qualified contribution may be contributed to the Account under made by this section shall apply to payments (within the meaning of paragraph (3), as section 468C(b) for such taxable year. For made after December 31, 2000. modified by subparagraphs (A) and (B) of this purposes of this subsection, any contribution SEC. 404. EXEMPTION OF AGRICULTURAL BONDS paragraph) and which, solely by reason of in- which is distributed out of the FFARRM Ac- FROM STATE VOLUME CAP. ternal standards of the taxpayer, lack of count in a distribution to which section (a) IN GENERAL.—Section 146(g) (relating to market, or similar circumstances, or which 468C(e)(2)(B) applies shall be treated as an exception for certain bonds) is amended by is produced by the taxpayer exclusively for amount not contributed.’’. striking ‘‘and’’ at the end of paragraph (3), the purposes of transferring the food to an (3) The section heading for section 4973 is by striking the period at the end of para- organization described in paragraph (3)(A), amended to read as follows: graph (4) and inserting ‘‘, and’’, and by in- cannot or will not be sold, the fair market ‘‘SEC. 4973. EXCESS CONTRIBUTIONS TO CERTAIN serting after paragraph (4) the following new value of such contribution shall be ACCOUNTS, ANNUITIES, ETC.’’. paragraph: determined— (4) The table of sections for chapter 43 is ‘‘(5) any qualified small issue bond de- ‘‘(i) without regard to such internal stand- amended by striking the item relating to scribed in section 144(a)(12)(B)(ii).’’. ards, such lack of market, such cir- section 4973 and inserting the following new (b) EFFECTIVE DATE.—The amendments cumstances, or such exclusive purpose, and item: made by this section shall apply to bonds ‘‘(ii) if applicable, by taking into account ‘‘Sec. 4973. Excess contributions to certain issued after December 31, 2000. the price at which the same or similar food accounts, annuities, etc.’’. SEC. 405. MODIFICATIONS TO SECTION 512(b)(13). items are sold by the taxpayer at the time of (a) IN GENERAL.—Paragraph (13) of section the contribution (or, if not so sold at such (c) TAX ON PROHIBITED TRANSACTIONS.— time, in the recent past). (1) Subsection (c) of section 4975 (relating 512(b) is amended by redesignating subpara- graph (E) as subparagraph (F) and by insert- ‘‘(E) TERMINATION.—This paragraph shall to tax on prohibited transactions) is amend- not apply to any contribution made during ed by adding at the end the following new ing after subparagraph (D) the following new paragraph: any taxable year beginning after December paragraph: 31, 2003.’’. ‘‘(6) SPECIAL RULE FOR FFARRM ACCOUNTS.— ‘‘(E) PARAGRAPH TO APPLY ONLY TO EXCESS (b) EFFECTIVE DATE.—The amendment A person for whose benefit a FFARRM Ac- PAYMENTS.— made by subsection (a) shall apply to taxable count (within the meaning of section 468C(d)) ‘‘(i) IN GENERAL.—Subparagraph (A) shall years beginning after December 31, 2000. is established shall be exempt from the tax apply only to the portion of a specified pay- imposed by this section with respect to any ment received by the controlling organiza- SEC. 407. INCOME AVERAGING FOR FARMERS transaction concerning such account (which tion that exceeds the amount which would AND FISHERMEN NOT TO INCREASE have been paid if such payment met the re- ALTERNATIVE MINIMUM TAX LIABIL- would otherwise be taxable under this sec- ITY. tion) if, with respect to such transaction, the quirements prescribed under section 482. (a) IN GENERAL.—Section 55(c) (defining account ceases to be a FFARRM Account by ‘‘(ii) ADDITION TO TAX FOR VALUATION regular tax) is amended by redesignating reason of the application of section MISSTATEMENTS.—The tax imposed by this paragraph (2) as paragraph (3) and by insert- 468C(f )(3)(A) to such account.’’. chapter on the controlling organization shall ing after paragraph (1) the following new (2) Paragraph (1) of section 4975(e) is be increased by an amount equal to 20 per- paragraph: amended by redesignating subparagraphs (E) cent of such excess.’’. ‘‘(2) COORDINATION WITH INCOME AVERAGING and (F) as subparagraphs (F) and (G), respec- (b) EFFECTIVE DATE.— FOR FARMERS AND FISHERMEN.—Solely for tively, and by inserting after subparagraph (1) IN GENERAL.—The amendment made by purposes of this section, section 1301 (relat- (D) the following new subparagraph: this section shall apply to payments received ing to averaging of farm and fishing income) ‘‘(E) a FFARRM Account described in sec- or accrued after December 31, 2000. shall not apply in computing the regular tion 468C(d),’’. (2) PAYMENTS SUBJECT TO BINDING CONTRACT tax.’’. (d) FAILURE TO PROVIDE REPORTS ON TRANSITION RULE.—If the amendments made FFARRM ACCOUNTS.—Paragraph (2) of sec- by section 1041 of the Taxpayer Relief Act of (b) ALLOWING INCOME AVERAGING FOR FISH- tion 6693(a) (relating to failure to provide re- 1997 did not apply to any amount received or ERMEN.— ports on certain tax-favored accounts or an- accrued in the first 2 taxable years beginning (1) IN GENERAL.—Section 1301(a) is amended nuities) is amended by redesignating sub- on or after the date of the enactment of this by striking ‘‘farming business’’ and inserting paragraphs (C) and (D) as subparagraphs (D) Act under any contract described in sub- ‘‘farming business or fishing business’’. and (E), respectively, and by inserting after section (b)(2) of such section, such amend- (2) DEFINITION OF ELECTED FARM INCOME.— subparagraph (B) the following new subpara- ments also shall not apply to amounts re- (A) IN GENERAL.—Clause (i) of section graph: ceived or accrued under such contract before 1301(b)(1)(A) is amended by inserting ‘‘or ‘‘(C) section 468C(g) (relating to FFARRM January 1, 2001. fishing business’’ before the semicolon. Accounts),’’. SEC. 406. CHARITABLE DEDUCTION FOR CON- (B) CONFORMING AMENDMENT.—Subpara- (e) CLERICAL AMENDMENT.—The table of TRIBUTIONS OF FOOD INVENTORY. graph (B) of section 1301(b)(1) is amended by sections for subpart C of part II of sub- (a) IN GENERAL.—Subsection (e) of section inserting ‘‘or fishing business’’ after ‘‘farm- chapter E of chapter 1 is amended by insert- 170 (relating to certain contributions of ordi- ing business’’ both places it occurs. ing after the item relating to section 468B nary income and capital gain property) is (3) DEFINITION OF FISHING BUSINESS.—Sec- the following new item: amended by adding at the end the following tion 1301(b) is amended by adding at the end new paragraph: the following new paragraph: ‘‘Sec. 468C. Farm, Fishing and Ranch Risk ‘‘(7) SPECIAL RULE FOR CONTRIBUTIONS OF ‘‘(4) FISHING BUSINESS.—The term ‘fishing Management Accounts.’’. FOOD INVENTORY.—For purposes of this business’ means the conduct of commercial (f ) EFFECTIVE DATE.—The amendments section— fishing as defined in section 3 of the Magnu- made by this section shall apply to taxable ‘‘(A) CONTRIBUTIONS BY NON-CORPORATE son-Stevens Fishery Conservation and Man- years beginning after December 31, 2000. TAXPAYERS.—In the case of a charitable con- agement Act (16 U.S.C. 1802).’’. S9724 CONGRESSIONAL RECORD — SENATE October 3, 2000

(c) EFFECTIVE DATE.—The amendments ‘‘(i) such reduction, over by amounts paid during the year as divi- made by this section shall apply to taxable ‘‘(ii) the amount not apportioned to such dends on capital stock or other proprietary years beginning after December 31, 2000. patrons under subparagraph (A) for the tax- capital interests of the organization to the SEC. 408. COOPERATIVE MARKETING INCLUDES able year, extent that the articles of incorporation or VALUE-ADDED PROCESSING shall be treated as an increase in tax im- bylaws of such organization or other con- THROUGH ANIMALS. posed by this chapter on the organization. tract with patrons provide that such divi- (a) IN GENERAL.—Section 1388 (relating to Such increase shall not be treated as tax im- dends are in addition to amounts otherwise definitions and special rules) is amended by posed by this chapter for purposes of deter- payable to patrons which are derived from adding at the end the following new sub- mining the amount of any credit under this business done with or for patrons during the section: subpart or subpart A, B, E, or G.’’. taxable year.’’. ‘‘(k) COOPERATIVE MARKETING INCLUDES (b) IMPROVEMENTS TO SMALL ETHANOL PRO- (b) EFFECTIVE DATE.—The amendment VALUE-ADDED PROCESSING THROUGH ANI- DUCER CREDIT.— made by this section shall apply to distribu- MALS.—For purposes of section 521 and this (1) SMALL ETHANOL PRODUCER CREDIT NOT A tions in taxable years beginning after the subchapter, the term ‘marketing the prod- PASSIVE ACTIVITY CREDIT.—Clause (i) of sec- date of the enactment of this Act. ucts of members or other producers’ includes tion 469(d)(2)(A) is amended by striking ‘‘sub- TITLE V—ENERGY PROVISIONS feeding the products of members or other part D’’ and inserting ‘‘subpart D, other than producers to cattle, hogs, fish, chickens, or section 40(a)(3),’’. SEC. 501. ELECTION TO EXPENSE GEOLOGICAL AND GEOPHYSICAL EXPENDITURES. other animals and selling the resulting ani- (2) ALLOWING CREDIT AGAINST MINIMUM mals or animal products.’’. TAX.— (a) IN GENERAL.—Section 263 (relating to (b) EFFECTIVE DATE.—The amendment (A) IN GENERAL.—Subsection (c) of section capital expenditures) is amended by adding made by this section shall apply to taxable 38 (relating to limitation based on amount of at the end the following new subsection: years beginning after the date of the enact- tax) is amended by redesignating paragraph ‘‘(j) GEOLOGICAL AND GEOPHYSICAL EXPEND- ment of this Act. (3) as paragraph (4) and by inserting after ITURES FOR DOMESTIC OIL AND GAS WELLS.— SEC. 409. DECLARATORY JUDGMENT RELIEF FOR paragraph (2) the following new paragraph: Notwithstanding subsection (a), a taxpayer SECTION 521 COOPERATIVES. ‘‘(3) SPECIAL RULES FOR SMALL ETHANOL may elect to treat geological and geo- (a) IN GENERAL.—Section 7428(a)(1) (relat- PRODUCER CREDIT.— physical expenses incurred in connection ing to declaratory judgments of tax exempt ‘‘(A) IN GENERAL.—In the case of the small with the exploration for, or development of, organizations) is amended by striking ‘‘or’’ ethanol producer credit— oil or gas within the United States (as de- at the end of subparagraph (B) and by adding ‘‘(i) this section and section 39 shall be ap- fined in section 638) as expenses which are at the end the following new subparagraph: plied separately with respect to the credit, not chargeable to capital account. Any ex- ‘‘(D) with respect to the initial qualifica- and penses so treated shall be allowed as a deduc- tion or continuing qualification of a coopera- ‘‘(ii) in applying paragraph (1) to the tion in the taxable year in which paid or in- tive as described in section 521(b) which is credit— curred.’’. exempt from tax under section 521(a), or’’. ‘‘(I) subparagraphs (A) and (B) thereof shall (b) CONFORMING AMENDMENT.—Section (b) EFFECTIVE DATE.—The amendments not apply, and 263A(c)(3) is amended by inserting ‘‘263(j),’’ made by this section shall apply with respect ‘‘(II) the limitation under paragraph (1) (as after ‘‘263(i),’’. to pleadings filed after the date of the enact- modified by subclause (I)) shall be reduced (c) EFFECTIVE DATE.—The amendments ment of this Act but only with respect to de- by the credit allowed under subsection (a) for made by this section shall apply to expenses terminations (or requests for determina- the taxable year (other than the small eth- paid or incurred in taxable years beginning tions) made after January 1, 2000. anol producer credit). after December 31, 2001. SEC. 410. SMALL ETHANOL PRODUCER CREDIT. ‘‘(B) SMALL ETHANOL PRODUCER CREDIT.— SEC. 502. ELECTION TO EXPENSE DELAY RENTAL (a) ALLOCATION OF ALCOHOL FUELS CREDIT For purposes of this subsection, the term PAYMENTS TO PATRONS OF A COOPERATIVE.—Section ‘small ethanol producer credit’ means the (a) IN GENERAL.—Section 263 (relating to 40(g) (relating to alcohol used as fuel) is credit allowable under subsection (a) by rea- capital expenditures), as amended by section amended by adding at the end the following son of section 40(a)(3).’’. 501(a), is amended by adding at the end the new paragraph: (B) CONFORMING AMENDMENT.—Subclause following new subsection: ‘‘(6) ALLOCATION OF SMALL ETHANOL PRO- (II) of section 38(c)(2)(A)(ii) is amended by ‘‘(k) DELAY RENTAL PAYMENTS FOR DOMES- DUCER CREDIT TO PATRONS OF COOPERATIVE.— striking ‘‘(other’’ and all that follows TIC OIL AND GAS WELLS.— ‘‘(A) ELECTION TO ALLOCATE.— through ‘‘credit)’’ and inserting ‘‘(other than ‘‘(1) IN GENERAL.—Notwithstanding sub- ‘‘(i) IN GENERAL.—In the case of a coopera- the empowerment zone employment credit section (a), a taxpayer may elect to treat tive organization described in section 1381(a), or the small ethanol producer credit)’’. delay rental payments incurred in connec- any portion of the credit determined under (3) SMALL ETHANOL PRODUCER CREDIT NOT tion with the development of oil or gas with- subsection (a)(3) for the taxable year may, at ADDED BACK TO INCOME UNDER SECTION 87.— in the United States (as defined in section the election of the organization, be appor- Section 87 (relating to income inclusion of 638) as payments which are not chargeable to tioned pro rata among patrons of the organi- alcohol fuel credit) is amended to read as fol- capital account. Any payments so treated zation on the basis of the quantity or value lows: shall be allowed as a deduction in the tax- of business done with or for such patrons for ‘‘SEC. 87. ALCOHOL FUEL CREDIT. able year in which paid or incurred. the taxable year. ‘‘Gross income includes an amount equal ‘‘(2) DELAY RENTAL PAYMENTS.—For pur- ‘‘(ii) FORM AND EFFECT OF ELECTION.—An to the sum of— poses of paragraph (1), the term ‘delay rental election under clause (i) for any taxable year ‘‘(1) the amount of the alcohol mixture payment’ means an amount paid for the shall be made on a timely filed return for credit determined with respect to the tax- privilege of deferring development of an oil such year. Such election, once made, shall be payer for the taxable year under section or gas well.’’. irrevocable for such taxable year. 40(a)(1), and (b) CONFORMING AMENDMENT.—Section ‘‘(B) TREATMENT OF ORGANIZATIONS AND PA- ‘‘(2) the alcohol credit determined with re- 263A(c)(3), as amended by section 501(b), is TRONS.—The amount of the credit appor- spect to the taxpayer for the taxable year amended by inserting ‘‘263(k),’’ after tioned to patrons under subparagraph (A)— under section 40(a)(2).’’. ‘‘263(j),’’. ‘‘(i) shall not be included in the amount de- (c) CONFORMING AMENDMENT.—Section 1388 (c) EFFECTIVE DATE.—The amendments termined under subsection (a) with respect (relating to definitions and special rules for made by this section shall apply to payments to the organization for the taxable year, cooperative organizations), as amended by made or incurred in taxable years beginning ‘‘(ii) shall be included in the amount deter- section 408, is amended by adding at the end after December 31, 2001. mined under subsection (a) for the taxable the following new subsection: SEC. 503. 5-YEAR NET OPERATING LOSS year of each patron for which the patronage ‘‘(l) CROSS REFERENCE.—For provisions re- CARRYBACK FOR LOSSES ATTRIB- dividends for the taxable year described in lating to the apportionment of the alcohol UTABLE TO OPERATING MINERAL subparagraph (A) are included in gross in- fuels credit between cooperative organiza- INTERESTS OF INDEPENDENT OIL come, and tions and their patrons, see section 40(g)(6).’’. AND GAS PRODUCERS. ‘‘(iii) shall be included in gross income of (d) EFFECTIVE DATE.—The amendments (a) IN GENERAL.—Paragraph (1) of section such patrons for the taxable year in the made by this section shall apply to taxable 172(b) (relating to years to which loss may be manner and to the extent provided in section years beginning after the date of the enact- carried) is amended by adding at the end the 87. ment of this Act. following new subparagraph: ‘‘(C) SPECIAL RULES FOR DECREASE IN CRED- SEC. 411. PAYMENT OF DIVIDENDS ON STOCK OF ‘‘(H) LOSSES ON OPERATING MINERAL INTER- ITS FOR TAXABLE YEAR.—If the amount of the COOPERATIVES WITHOUT REDUC- ESTS OF INDEPENDENT OIL AND GAS PRO- credit of a cooperative organization deter- ING PATRONAGE DIVIDENDS. DUCERS.—In the case of a taxpayer— mined under subsection (a)(3) for a taxable (a) IN GENERAL.—Subsection (a) of section ‘‘(i) which has an eligible oil and gas loss year is less than the amount of such credit 1388 (relating to patronage dividend defined) (as defined in subsection (j)) for a taxable shown on the return of the cooperative orga- is amended by adding at the end the fol- year, and nization for such year, an amount equal to lowing new sentence: ‘‘For purposes of para- ‘‘(ii) which is not an integrated oil com- the excess of— graph (3), net earnings shall not be reduced pany (as defined in section 291(b)(4)), October 3, 2000 CONGRESSIONAL RECORD — SENATE S9725 such eligible oil and gas loss shall be a net year preceding the calendar year in which only on production which is attributable to operating loss carryback to each of the 5 tax- the taxable year begins. the holder of an operating interest. able years preceding the taxable year of such ‘‘(B) INFLATION ADJUSTMENT.—In the case ‘‘(3) PRODUCTION FROM NONCONVENTIONAL loss.’’. of any taxable year beginning in a calendar SOURCES EXCLUDED.—In the case of produc- (b) ELIGIBLE OIL AND GAS LOSS.—Section year after 2001, each of the dollar amounts tion from a marginal well which is eligible 172 is amended by redesignating subsection contained in subparagraph (A) shall be in- for the credit allowed under section 29 for (j) as subsection (k) and by inserting after creased to an amount equal to such dollar the taxable year, no credit shall be allowable subsection (i) the following new subsection: amount multiplied by the inflation adjust- under this section unless the taxpayer elects ‘‘(j) ELIGIBLE OIL AND GAS LOSS.—For pur- ment factor for such calendar year (deter- not to claim credit under section 29 with re- poses of this section— mined under section 43(b)(3)(B) by sub- spect to the well.’’. ‘‘(1) IN GENERAL.—The term ‘eligible oil stituting ‘2000’ for ‘1990’). (b) CREDIT TREATED AS BUSINESS CREDIT.— and gas loss’ means the lesser of— ‘‘(C) REFERENCE PRICE.—For purposes of Section 38(b), as amended by section ‘‘(A) the amount which would be the net this paragraph, the term ‘reference price’ 131(b)(1), is amended by striking ‘‘plus’’ at operating loss for the taxable year if only in- means, with respect to any calendar year— the end of paragraph (12), by striking the pe- come and deductions attributable to oper- ‘‘(i) in the case of qualified crude oil pro- riod at the end of paragraph (13) and insert- ating mineral interests (as defined in section duction, the reference price determined ing’’, plus’’, and by adding at the end of the 614(d)) in oil and gas wells are taken into ac- under section 29(d)(2)(C), and following new paragraph: count, or ‘‘(ii) in the case of qualified natural gas ‘‘(14) the marginal oil and gas well produc- ‘‘(B) the amount of the net operating loss production, the Secretary’s estimate of the tion credit determined under section for such taxable year. annual average wellhead price per 1,000 cubic 45E(a).’’. ‘‘(2) COORDINATION WITH SUBSECTION (b)(2).— feet for all domestic natural gas. (c) CREDIT ALLOWED AGAINST REGULAR AND For purposes of applying subsection (b)(2), an MINIMUM TAX.— ‘‘(c) QUALIFIED CRUDE OIL AND NATURAL eligible oil and gas loss for any taxable year (1) IN GENERAL.—Subsection (c) of section GAS PRODUCTION.—For purposes of this shall be treated in a manner similar to the 38 (relating to limitation based on amount of section— manner in which a specified liability loss is tax), as amended by section 410(b)(2)(A), is ‘‘(1) IN GENERAL.—The terms ‘qualified treated. amended by redesignating paragraph (4) as crude oil production’ and ‘qualified natural ‘‘(3) ELECTION.—Any taxpayer entitled to a paragraph (5) and by inserting after para- gas production’ mean domestic crude oil or 5-year carryback under subsection (b)(1)(H) graph (3) the following new paragraph: natural gas which is produced from a mar- from any loss year may elect to have the ‘‘(4) SPECIAL RULES FOR MARGINAL OIL AND ginal well. carryback period with respect to such loss GAS WELL PRODUCTION CREDIT.— ‘‘(2) LIMITATION ON AMOUNT OF PRODUCTION year determined without regard to sub- ‘‘(A) IN GENERAL.—In the case of the mar- WHICH MAY QUALIFY.— section (b)(1)(H).’’. ginal oil and gas well production credit— ‘‘(A) IN GENERAL.—Crude oil or natural gas (c) EFFECTIVE DATE.—The amendments ‘‘(i) this section and section 39 shall be ap- produced during any taxable year from any made by this section shall apply to net oper- plied separately with respect to the credit, well shall not be treated as qualified crude ating losses for taxable years beginning after and oil production or qualified natural gas pro- December 31, 2001. ‘‘(ii) in applying paragraph (1) to the duction to the extent production from the SEC. 504. TEMPORARY SUSPENSION OF PERCENT- credit— AGE OF DEPLETION DEDUCTION well during the taxable year exceeds 1,095 ‘‘(I) subparagraphs (A) and (B) thereof shall LIMITATION BASED ON 65 PERCENT barrels or barrel equivalents. not apply, and OF TAXABLE INCOME. ‘‘(B) PROPORTIONATE REDUCTIONS.— ‘‘(II) the limitation under paragraph (1) (as (a) IN GENERAL.—Section 613A(d)(1) (relat- ‘‘(i) SHORT TAXABLE YEARS.—In the case of modified by subclause (I)) shall be reduced ing to limitation based on taxable income) is a short taxable year, the limitations under by the credit allowed under subsection (a) for amended by adding at the end the following this paragraph shall be proportionately re- the taxable year (other than the marginal oil new sentence: ‘‘This paragraph shall not duced to reflect the ratio which the number and gas well production credit). apply for taxable years beginning after De- of days in such taxable year bears to 365. cember 31, 2000, and before January 1, 2004.’’. ‘‘(B) MARGINAL OIL AND GAS WELL PRODUC- ‘‘(ii) WELLS NOT IN PRODUCTION ENTIRE (b) EFFECTIVE DATE.—The amendment TION CREDIT.—For purposes of this sub- YEAR.—In the case of a well which is not ca- made by this section shall apply to taxable section, the term ‘marginal oil and gas well pable of production during each day of a tax- years beginning after December 31, 2000. production credit’ means the credit allow- able year, the limitations under this para- SEC. 505. TAX CREDIT FOR MARGINAL DOMESTIC able under subsection (a) by reason of sec- graph applicable to the well shall be propor- OIL AND NATURAL GAS WELL PRO- tion 45E(a).’’. tionately reduced to reflect the ratio which DUCTION. (2) CONFORMING AMENDMENTS.— the number of days of production bears to (a) IN GENERAL.—Subpart D of part IV of (A) Subclause (II) of section 38(c)(2)(A)(ii), the total number of days in the taxable year. subchapter A of chapter 1 (relating to busi- as amended by section 410(b)(2)(B), is amend- ‘‘(3) DEFINITIONS.— ness credits), as amended by section 131(a), is ed by striking ‘‘or the small ethanol pro- ‘‘(A) MARGINAL WELL.—The term ‘marginal amended by adding at the end the following ducer credit’’ and inserting ‘‘, the small eth- well’ means a domestic well— new section: anol producer credit, or the marginal oil and ‘‘(i) the production from which during the ‘‘SEC. 45E. CREDIT FOR PRODUCING OIL AND GAS gas well production credit’’. taxable year is treated as marginal produc- FROM MARGINAL WELLS. (B) Subclause (II) of section 38(c)(3)(A)(ii), tion under section 613A(c)(6), or ‘‘(a) GENERAL RULE.—For purposes of sec- as added by section 410(b)(2)(A), is amended ‘‘(ii) which, during the taxable year— tion 38, the marginal well production credit by inserting ‘‘or the marginal oil and gas for any taxable year is an amount equal to ‘‘(I) has average daily production of not well production credit’’ after ‘‘the small eth- the product of— more than 25 barrel equivalents, and anol producer credit’’. ‘‘(1) the credit amount, and ‘‘(II) produces water at a rate not less than (d) CARRYBACK.—Subsection (a) of section ‘‘(2) the qualified crude oil production and 95 percent of total well effluent. 39 (relating to carryback and carryforward of the qualified natural gas production which is ‘‘(B) CRUDE OIL, ETC.—The terms ‘crude unused credits generally) is amended by add- attributable to the taxpayer. oil’, ‘natural gas’, ‘domestic’, and ‘barrel’ ing at the end the following new paragraph— ‘‘(b) CREDIT AMOUNT.—For purposes of this have the meanings given such terms by sec- ‘‘(3) 10-YEAR CARRYBACK FOR MARGINAL OIL section— tion 613A(e). AND GAS WELL PRODUCTION CREDIT.—In the ‘‘(1) IN GENERAL.—The credit amount is— ‘‘(C) BARREL EQUIVALENT.—The term ‘bar- case of the marginal oil and gas well produc- ‘‘(A) $3 per barrel of qualified crude oil pro- rel equivalent’ means, with respect to nat- tion credit— duction, and ural gas, a conversion ratio of 6,000 cubic feet ‘‘(A) this section shall be applied sepa- ‘‘(B) 50 cents per 1,000 cubic feet of quali- of natural gas to 1 barrel of crude oil. rately from the business credit (other than fied natural gas production. ‘‘(d) OTHER RULES.— the marginal oil and gas well production ‘‘(2) REDUCTION AS OIL AND GAS PRICES IN- ‘‘(1) PRODUCTION ATTRIBUTABLE TO THE TAX- credit), CREASE.— PAYER.—In the case of a marginal well in ‘‘(B) paragraph (1) shall be applied by sub- ‘‘(A) IN GENERAL.—The $3 and 50 cents which there is more than one owner of oper- stituting ‘10 taxable year’ for ‘1 taxable year’ amounts under paragraph (1) shall each be ating interests in the well and the crude oil in subparagraph (A) thereof, and reduced (but not below zero) by an amount or natural gas production exceeds the limita- ‘‘(C) paragraph (2) shall be applied— which bears the same ratio to such amount tion under subsection (c)(2), qualifying crude ‘‘(i) by substituting ‘31 taxable years’ for (determined without regard to this para- oil production or qualifying natural gas pro- ‘21 taxable years’ in subparagraph (A) there- graph) as— duction attributable to the taxpayer shall be of, and ‘‘(i) the excess (if any) of the applicable determined on the basis of the ratio which ‘‘(ii) by substituting ‘30 taxable years’ for reference price over $14 ($1.56 for qualified taxpayer’s revenue interest in the produc- ‘20 taxable years’ in subparagraph (B) there- natural gas production), bears to tion bears to the aggregate of the revenue in- of.’’. ‘‘(ii) $3 ($0.33 for qualified natural gas pro- terests of all operating interest owners in (e) COORDINATION WITH SECTION 29.—Sec- duction). the production. tion 29(a) is amended by striking ‘‘There’’ The applicable reference price for a taxable ‘‘(2) OPERATING INTEREST REQUIRED.—Any and inserting ‘‘At the election of the tax- year is the reference price for the calendar credit under this section may be claimed payer, there’’. S9726 CONGRESSIONAL RECORD — SENATE October 3, 2000

(f) CLERICAL AMENDMENT—The table of sec- ‘‘(1) such land or interest in land or water ‘‘(2) MAXIMUM AMOUNT OF DEDUCTION.—The tions for subpart D of part IV of subchapter was owned by the taxpayer or a member of amount of energy efficient commercial A of chapter 1, as amended by section 131(d), the taxpayer’s family (as defined in section building property expenditures taken into is amended by adding at the end the fol- 2032A(e)(2)) at all times during the 3-year pe- account under paragraph (1) shall not exceed lowing item: riod ending on the date of the sale, and an amount equal to the product of— ‘‘(2) such land or interest in land or water ‘‘(A) $2.25, and ‘‘Sec. 45E. Credit for producing oil and gas is being acquired by an eligible entity which ‘‘(B) the square footage of the building from marginal wells.’’. provides the taxpayer, at the time of acquisi- with respect to which the expenditures are (g) EFFECTIVE DATE.—The amendments tion, a written letter of intent which shall made. made by this section shall apply to produc- include the following statement: ‘The pur- ‘‘(3) YEAR DEDUCTION ALLOWED.—The deduc- tion in taxable years beginning after Decem- chaser’s intent is that this acquisition will tion under paragraph (1) shall be allowed in ber 31, 2000. serve 1 or more of the conservation purposes the taxable year in which the construction of SEC. 506. NATURAL GAS GATHERING LINES specified in clause (i), (ii), or (iii) of section the building is completed. TREATED AS 7-YEAR PROPERTY. 170(h)(4)(A).’ ‘‘(b) ENERGY EFFICIENT COMMERCIAL BUILD- (a) IN GENERAL.—Subparagraph (C) of sec- ‘‘(b) ELIGIBLE ENTITY.—For purposes of this ING PROPERTY EXPENDITURES.—For purposes tion 168(e)(3) (relating to classification of section, the term ‘eligible entity’ means— of this section, the term ‘energy efficient certain property) is amended by redesig- ‘‘(1) any agency of the United States or of commercial building property expenditures’ nating clause (ii) as clause (iii) and by in- any State or local government, or means an amount paid or incurred for energy serting after clause (i) the following new ‘‘(2) any other organization that— efficient commercial building property in- clause: ‘‘(A) is organized and at all times operated stalled on or in connection with new con- ‘‘(ii) any natural gas gathering line, and’’. principally for 1 or more of the conservation struction or reconstruction of property— (b) NATURAL GAS GATHERING LINE.—Sub- purposes specified in clause (i), (ii), or (iii) of ‘‘(1) for which depreciation is allowable section (i) of section 168 is amended by add- section 170(h)(4)(A), and under section 167, ‘‘(2) which is located in the United States, ing at the end the following new paragraph: ‘‘(B) is described in section 170(h)(3). and ‘‘(15) NATURAL GAS GATHERING LINE.—The ‘‘(c) STOCK IN HOLDING CORPORATIONS.—For term ‘natural gas gathering line’ means— purposes of this section, the term ‘land or an ‘‘(3) the construction or erection of which is completed by the taxpayer. ‘‘(A) the pipe, equipment, and appur- interest in land or water’ shall include stock tenances determined to be a gathering line in any corporation, if the fair market value Such property includes all residential rental by the Federal Energy Regulatory Commis- of the corporation’s land or interests in land property, including low-rise multifamily sion, or or water equals or exceeds 90 percent of the structures and single family housing prop- ‘‘(B) the pipe, equipment, and appur- fair market value of all of such corporation’s erty which is not within the scope of Stand- tenances used to deliver natural gas from the assets at all times during the 3-year period ard 90.1–1999 (as described in subsection wellhead or a common point to the point at ending on the date of the sale.’’. (c)(1)). Such term includes expenditures for labor costs properly allocable to the onsite which such gas first reaches— (b) CLERICAL AMENDMENT.—The table of preparation, assembly, or original installa- ‘‘(i) a gas processing plant, sections for part III of subchapter B of chap- tion of the property. ‘‘(ii) an interconnection with a trans- ter 1 is amended by inserting after the item ‘‘(c) ENERGY EFFICIENT COMMERCIAL BUILD- mission pipeline certificated by the Federal relating to section 121 the following new Energy Regulatory Commission as an inter- ING PROPERTY.—For purposes of subsection item: (b)— state transmission pipeline, ‘‘Sec. 121A. 50-percent exclusion of gain on ‘‘(1) IN GENERAL.—The term ‘energy effi- ‘‘(iii) an interconnection with an intra- sales of land or interests in land cient commercial building property’ means state transmission pipeline, or or water to eligible entities for any property which reduces total annual en- ‘‘(iv) a direct interconnection with a local conservation purposes.’’. ergy and power costs with respect to the distribution company, a gas storage facility, lighting, heating, cooling, ventilation, and or an industrial consumer.’’. (c) EFFECTIVE DATE.—The amendments hot water supply systems of the building by (c) EFFECTIVE DATE.—The amendments made by this section shall apply to sales oc- 50 percent or more in comparison to a ref- made by this section shall apply to property curring on or after December 31, 2003. erence building which meets the require- placed in service on or after the date of the SEC. 602. EXPANSION OF ESTATE TAX EXCLUSION ments of Standard 90.1–1999 of the American enactment of this Act. FOR REAL PROPERTY SUBJECT TO QUALIFIED CONSERVATION EASE- Society of Heating, Refrigerating, and Air SEC. 507. CLARIFICATION OF TREATMENT OF MENT. Conditioning Engineers and the Illuminating PIPELINE TRANSPORTATION IN- COME. (a) REPEAL OF CERTAIN RESTRICTIONS ON Engineering Society of North America using WHERE LAND IS LOCATED.—Clause (i) of sec- (a) IN GENERAL.—Section 954(g)(1) (defining methods of calculation under paragraph (2) foreign base company oil related income) is tion 2031(c)(8)(A) (defining land subject to a and certified by qualified professionals as amended by striking ‘‘or’’ at the end of sub- qualified conservation easement) is amended provided under subsection (f). paragraph (A), by striking the period at the to read as follows: ‘‘(2) METHODS OF CALCULATION.—The Sec- end of subparagraph (B) and inserting ‘‘, or’’, ‘‘(i) which is located in the United States retary, in consultation with the Secretary of and by inserting after subparagraph (B) the or any possession of the United States,’’. Energy, shall promulgate regulations which following new subparagraph: (b) EFFECTIVE DATE.—The amendments describe in detail methods for calculating ‘‘(C) the pipeline transportation of oil or made by this section shall apply to estates of and verifying energy and power consumption gas within such foreign country.’’. decedents dying after December 31, 2001. and cost, taking into consideration the pro- (b) EFFECTIVE DATE.—The amendment SEC. 603. TAX EXCLUSION FOR COST-SHARING visions of the 1998 California Nonresidential made by this section shall apply to taxable PAYMENTS UNDER PARTNERS FOR ACM Manual. These procedures shall meet WILDLIFE PROGRAM. years of controlled foreign corporations be- the following requirements: (a) IN GENERAL.—Section 126(a) (relating to ginning after December 31, 2001, and taxable ‘‘(A) In calculating tradeoffs and energy certain cost-sharing payments) is amended years of United States shareholders with or performance, the regulations shall prescribe by redesignating paragraph (10) as paragraph within which such taxable years of con- the costs per unit of energy and power, such (11) and by inserting after paragraph (9) the trolled foreign corporations end. as kilowatt hour, kilowatt, gallon of fuel oil, following new paragraph: and cubic foot or Btu of natural gas, which TITLE VI—CONSERVATION PROVISIONS ‘‘(10) The Partners for Fish and Wildlife may be dependent on time of usage. SEC. 601. EXCLUSION OF 50 PERCENT OF GAIN ON Program authorized by the Fish and Wildlife ‘‘(B) The calculational methodology shall SALES OF LAND OR INTERESTS IN Act of 1956 (16 U.S.C. 742a et seq.).’’. require that compliance be demonstrated for LAND OR WATER TO ELIGIBLE ENTI- (b) EFFECTIVE DATE.—The amendments a whole building. If some systems of the TIES FOR CONSERVATION PUR- made by this section shall apply to payments POSES. building, such as lighting, are designed later received after the date of the enactment of (a) IN GENERAL.—Part III of subchapter B than other systems of the building, the this Act. of chapter 1 (relating to items specifically method shall provide that either— excluded from gross income) is amended by SEC. 604. INCENTIVE FOR CERTAIN ENERGY EFFI- ‘‘(i) the expenses taken into account under inserting after section 121 the following new CIENT PROPERTY USED IN BUSI- subsection (a) shall not occur until the date NESS. section: designs for all energy-using systems of the (a) IN GENERAL.—Part VI of subchapter B building are completed, ‘‘SEC. 121A. 50-PERCENT EXCLUSION OF GAIN ON of chapter 1 is amended by adding at the end ‘‘(ii) the energy performance of all systems SALES OF LAND OR INTERESTS IN the following new section: LAND OR WATER TO ELIGIBLE ENTI- and components not yet designed shall be as- TIES FOR CONSERVATION PUR- ‘‘SEC. 199. ENERGY PROPERTY DEDUCTION. sumed to comply minimally with the re- POSES. ‘‘(a) DEDUCTION ALLOWED.— quirements of such Standard 90.1–1999, or ‘‘(a) EXCLUSION.—Gross income shall not ‘‘(1) IN GENERAL.—There shall be allowed as ‘‘(iii) the expenses taken into account include 50 percent of any gain from the sale a deduction for the taxable year an amount under subsection (a) shall be a fraction of of land or an interest in land or water (deter- equal to the amount of energy efficient com- such expenses based on the performance of mined without regard to any improvements) mercial building expenditures made by the less than all energy-using systems in accord- to an eligible entity if— taxpayer for the taxable year ance with subparagraph (C). October 3, 2000 CONGRESSIONAL RECORD — SENATE S9727 ‘‘(C) The expenditures in connection with compliance procedures after examining the loop biomass to co-fire with coal after such the design of subsystems in the building, requirements for energy consultants and date and before January 1, 2002.’’. such as the envelope, the heating, ventila- home energy ratings providers specified by (b) EXPANSION OF QUALIFIED ENERGY RE- tion, air conditioning and water heating sys- the Mortgage Industry National Accredita- SOURCES.— tem, and the lighting system shall be allo- tion Procedures for Home Energy Rating (1) IN GENERAL.—Section 45(c)(1) (defining cated to the appropriate building subsystem Systems. qualified energy resources) is amended by based on system-specific energy cost savings ‘‘(2) QUALIFIED INDIVIDUALS.—Individuals striking ‘‘and’’ at the end of subparagraph targets in regulations promulgated by the qualified to determine compliance shall be (B), by striking the period at the end of sub- Secretary of Energy which are equivalent, only those individuals who are recognized by paragraph (C) and inserting a comma, and by an organization certified by the Secretary using the calculation methodology, to the adding at the end the following new subpara- for such purposes. whole building requirement of 50 percent graphs: ‘‘(3) PROFICIENCY OF QUALIFIED INDIVID- savings. ‘‘(D) biomass (other than closed-loop bio- UALS.—The Secretary shall consult with non- ‘‘(D) The calculational methods under this mass), and profit organizations and State agencies with paragraph need not comply fully with sec- ‘‘(E) landfill gas.’’. tion 11 of such Standard 90.1–1999. expertise in energy efficiency calculations (2) DEFINITIONS.—Section 45(c) is amended and inspections to develop proficiency tests ‘‘(E) The calculational methods shall be by adding at the end the following new para- and training programs to qualify individuals fuel neutral, such that the same energy effi- graphs: ciency features shall qualify a building for to determine compliance. IOMASS ‘‘(g) BASIS REDUCTION.—For purposes of ‘‘(5) B .—The term ‘biomass’ means the deduction under this subsection regard- any solid, nonhazardous, cellulosic waste less of whether the heating source is a gas or this subtitle, if a deduction is allowed under this section with respect to any energy effi- material which is segregated from other oil furnace or an electric heat pump. waste materials and which is derived from— ‘‘(F) The calculational methods shall pro- cient commercial building property, the basis of such property shall be reduced by ‘‘(A) any of the following forest-related re- vide appropriate calculated energy savings sources: mill residues, precommercial for design methods and technologies not oth- the amount of the deduction so allowed. ‘‘(h) TERMINATION.—This section shall not thinnings, slash, and brush, but not includ- erwise credited in either such Standard 90.1– apply with respect to any taxable year begin- ing old-growth timber, 1999 or in the 1998 California Nonresidential ning after December 31, 2003.’’. ‘‘(B) urban sources, including waste pal- ACM Manual, including the following: (b) CONFORMING AMENDMENT.—Section lets, crates, and dunnage, manufacturing and ‘‘(i) Natural ventilation. 1016(a), as amended by section 211(b), is construction wood wastes, and landscape or ‘‘(ii) Evaporative cooling. amended by striking ‘‘and’’ at the end of right-of-way tree trimmings, but not includ- ‘‘(iii) Automatic lighting controls such as paragraph (27), by striking the period at the ing unsegregated municipal solid waste (gar- occupancy sensors, photocells, and time- end of paragraph (28) and inserting ‘‘, and’’, bage), paper that is commonly recycled, or clocks. and by inserting the following new para- pressure treated, chemically treated, or lead ‘‘(iv) Daylighting. graph: painted wood wastes, or ‘‘(v) Designs utilizing semi-conditioned ‘‘(29) for amounts allowed as a deduction ‘‘(C) agriculture sources, including orchard spaces that maintain adequate comfort con- under section 199(a).’’. tree crops, vineyard, grain, legumes, sugar, ditions without air conditioning or without (c) CLERICAL AMENDMENT.—The table of and other crop by-products or residues. heating. sections for part VI of subchapter B of chap- ‘‘(6) LANDFILL GAS.—The term ‘landfill gas’ ‘‘(vi) Improved fan system efficiency, in- ter 1 is amended by adding at the end the fol- means gas from the decomposition of any cluding reductions in static pressure. lowing new item: household solid waste, commercial solid ‘‘(vii) Advanced unloading mechanisms for ‘‘Sec. 199. Energy property deduction.’’. waste, and industrial solid waste disposed of mechanical cooling, such as multiple or vari- (d) EFFECTIVE DATE.—The amendments in a municipal solid waste landfill unit (as able speed compressors. such terms are defined in regulations pro- ‘‘(viii) The calculational methods may made by this section shall apply to taxable years beginning after December 31, 2000. mulgated under subtitle D of the Solid Waste take into account the extent of commis- Disposal Act (42 U.S.C. 6941 et seq.)).’’. sioning in the building, and allow the tax- SEC. 605. EXTENSION AND MODIFICATION OF TAX payer to take into account measured per- CREDIT FOR ELECTRICITY PRO- (c) SPECIAL RULES.—Section 45(d) (relating DUCED FROM BIOMASS. formance that exceeds typical performance. to definitions and special rules) is amended (a) EXTENSION AND MODIFICATION OF ‘‘(3) COMPUTER SOFTWARE.— by adding at the end the following new para- PLACED-IN-SERVICE RULES.— ‘‘(A) IN GENERAL.—Any calculation under graph: (1) IN GENERAL.—Section 45(c)(3) is amend- this subsection shall be prepared by qualified ‘‘(8) DENIAL OF DOUBLE BENEFIT.—No credit ed by adding at the end the following new shall be allowed under this section with re- computer software. subparagraphs: ‘‘(B) QUALIFIED COMPUTER SOFTWARE.—For spect to a facility for any taxable year if the ‘‘(D) BIOMASS FACILITY.—In the case of a fa- purposes of this paragraph, the term ‘quali- credit under section 29 is allowed in such cility using biomass (other than closed-loop year or has been allowed in any preceding fied computer software’ means software— biomass) to produce electricity, the term ‘‘(i) for which the software designer has taxable year with respect to any fuel pro- ‘qualified facility’ means any facility owned duced from such facility.’’. certified that the software meets all proce- by the taxpayer which is originally placed in dures and detailed methods for calculating service before January 1, 2002. (d) CONFORMING AMENDMENT.—Section 29(d) energy and power consumption and costs as ‘‘(E) LANDFILL GAS FACILITY.— (relating to other definitions and special required by the Secretary, ‘‘(i) IN GENERAL.—In the case of a facility rules) is amended by adding at the end the ‘‘(ii) which provides such forms as required using landfill gas to produce electricity, the following new paragraph: to be filed by the Secretary in connection term ‘qualified facility’ means any facility ‘‘(9) DENIAL OF DOUBLE BENEFIT.—No credit with energy efficiency of property and the of the taxpayer which is originally placed in shall be allowed under this section with re- deduction allowed under this section, and service after December 31, 1999, and before spect to any fuel produced from a facility for ‘‘(iii) which provides a notice form which January 1, 2002. any taxable year if the credit under section summarizes the energy efficiency features of ‘‘(ii) SPECIAL RULE.—In the case of a facil- 45 is allowed in such year or has been al- the building and its projected annual energy ity using landfill gas, such term shall in- lowed in any preceding taxable year with re- costs. clude equipment and housing (not including spect to such facility.’’. ‘‘(d) ALLOCATION OF DEDUCTION FOR PUBLIC wells and related systems required to collect (e) EFFECTIVE DATE.—The amendments PROPERTY.—In the case of energy efficient and transmit gas to the production facility) made by this section shall take effect on the commercial building property installed on or required to generate electricity which are in public property, the Secretary shall pro- date of the enactment of this Act. owned by the taxpayer and so placed in serv- mulgate regulations to allow the allocation ice. SEC. 606. TAX CREDIT FOR CERTAIN ENERGY EF- of the deduction to the person primarily re- FICIENT MOTOR VEHICLES. sponsible for designing the property in lieu ‘‘(F) SPECIAL RULE.—In the case of a quali- fied facility described in subparagraph (D) or (a) IN GENERAL.—Subpart B of part IV of of the public entity which is the owner of subchapter A of chapter 1, as amended by such property. Such person shall be treated (E), the period referred to in subsection section 160(a), is amended by adding at the as the taxpayer for purposes of this section. (a)(2)(A)(ii) shall be applied by substituting end the following new section: ‘‘(e) NOTICE TO OWNER.—The qualified indi- ‘3-year’ for ‘10-year’ and shall be treated as vidual shall provide an explanation to the beginning no earlier than January 1, 2001.’’. ‘‘SEC. 30C. CREDIT FOR HYBRID VEHICLES. owner of the building regarding the energy (2) CLOSED-LOOP BIOMASS FACILITY.—Sec- ‘‘(a) ALLOWANCE OF CREDIT.—There shall be efficiency features of the building and its tion 45(c)(3)(B) (relating to closed-loop bio- allowed as a credit against the tax imposed projected annual energy costs as provided in mass facility) is amended by striking ‘‘owned the notice under subsection (c)(3)(B)(iii). by the taxpayer’’ and all that follows and in- by this chapter for the taxable year an ‘‘(f) CERTIFICATION.— serting ‘‘owned by the taxpayer which is—’’ amount equal to the sum of the credit ‘‘(1) IN GENERAL.—Except as provided in ‘‘(i) originally placed in service after De- amounts for each qualified hybrid vehicle this subsection, the Secretary, in consulta- cember 31, 1992, and before January 1, 2002, or placed in service during the taxable year. tion with the Secretary of Energy, shall es- ‘‘(ii) originally placed in service before De- ‘‘(b) CREDIT AMOUNT.—For purposes of this tablish requirements for certification and cember 31, 1992, and modified to use closed- section— S9728 CONGRESSIONAL RECORD — SENATE October 3, 2000

‘‘(1) IN GENERAL.—The credit amount for ‘‘(4) ELECTION TO NOT TAKE CREDIT.—No SEC. 703. EXPANSION OF EXEMPTION FROM PER- each qualified hybrid vehicle with a re- credit shall be allowed under subsection (a) SONAL HOLDING COMPANY TAX FOR chargeable energy storage system that pro- for any vehicle if the taxpayer elects to not LENDING OR FINANCE COMPANIES. vides the applicable percentage of the max- have this section apply to such vehicle. (a) IN GENERAL.—Paragraph (6) of section imum available power shall be the amount ‘‘(f) REGULATIONS.— 542(c) (defining personal holding company) is specified in the following table: ‘‘(1) TREASURY.—The Secretary shall pre- amended— scribe such regulations as may be necessary (1) by striking ‘‘rents,’’ in subparagraph ‘‘Applicable percentage Credit amount (B), and Not less than 5 percent but less or appropriate to carry out the purposes of (2) by adding ‘‘and’’ at the end of subpara- than 10 percent ...... $500 this section. graph (B), Not less than 10 percent but less ‘‘(2) ENVIRONMENTAL PROTECTION AGENCY.— than 20 percent––– ...... $1,000 The Administrator of the Environmental (3) by striking subparagraph (C), and Not less than 20 percent but less Protection Agency, in coordination with the (4) by redesignating subparagraph (D) as than 30 percent––– ...... $1,500 Secretary of Transportation and consistent subparagraph (C). (b) EXCEPTION FOR LENDING OR FINANCE Not less than 30 percent ...... $2,000. with the laws administered by such agency COMPANIES DETERMINED ON AFFILIATED ‘‘(2) INCREASE IN CREDIT AMOUNT FOR REGEN- for automobiles, shall timely prescribe such GROUP BASIS.—Subsection (d) of section 542 ERATIVE BRAKING SYSTEM.—In the case of a regulations as may be necessary or appro- is amended by striking paragraphs (1) and (2) qualified hybrid vehicle that actively em- priate solely for the purpose of specifying and inserting the following new paragraphs: ploys a regenerative braking system which the testing and calculation procedures to de- ‘‘(1) LENDING OR FINANCE BUSINESS DE- supplies to the rechargeable energy storage termine whether a vehicle meets the quali- FINED.— For purposes of subsection (c)(6), system the applicable percentage of the en- fications for a credit under this section. the term ‘lending or finance business’ means ergy available from braking in a typical 60 ‘‘(g) APPLICATION OF SECTION.—This section a business of— miles per hour to 0 miles per hour braking shall apply to any qualified hybrid vehicles ‘‘(A) making loans, event, the credit amount determined under placed in service after December 31, 2003, and ‘‘(B) purchasing or discounting accounts this section shall be increased by the amount before January 1, 2005.’’ receivable, notes, or installment obligations, specified in the following table: (b) CONFORMING AMENDMENTS.— ‘‘(C) engaging in leasing (including enter- ‘‘Applicable percentage Credit amount (1) Section 53(d)(1)(B)(iii) is amended by in- ing into leases and purchasing, servicing, Not less than 20 percent but less serting ‘‘or not allowed under section 30C and disposing of leases and leased assets), than 40 percent ...... $250 solely by reason of the application of section ‘‘(D) rendering services or making facili- Not less than 40 percent but less 30C(d)(2)’’ after ‘‘section 30(b)(3)(B)’’. ties available in the ordinary course of a than 60 percent ...... $500 (2) Section 55(c)(2) is amended by inserting lending or finance business, Not less than 60 percent ...... $1,000. ‘‘30C(d),’’ after ‘‘30(b)(3),’’. ‘‘(E) rendering services or making facili- ‘‘(c) DEFINITIONS.—For purposes of this (3) Subsection (a) of section 1016, as amend- ties available in connection with activities section— ed by section 604(b), is amended by striking described in subparagraphs (A), (B), and (C) ‘‘(1) QUALIFIED HYBRID VEHICLE.—The term ‘‘and’’ at the end of paragraph (28), by strik- carried on by the corporation rendering serv- ‘qualified hybrid vehicle’ means an auto- ing the period at the end of paragraph (29) ices or making facilities available, or mobile that meets all applicable regulatory and inserting ‘‘, and’’, and by adding at the ‘‘(F) rendering services or making facili- requirements and that can draw propulsion end the following new paragraph: ties available to another corporation which energy from both of the following onboard ‘‘(30) to the extent provided in section is engaged in the lending or finance business sources of stored energy: 30C(e)(1).’’. (within the meaning of this paragraph), if ‘‘(A) A consumable fuel. (4) The table of sections for subpart B of such services or facilities are related to the ‘‘(B) A rechargeable energy storage sys- part IV of subchapter A of chapter 1, as lending or finance business (within such tem. amended by section 160(b), is amended by meaning) of such other corporation and such ‘‘(2) MAXIMUM AVAILABLE POWER.—The adding at the end the following new item: other corporation and the corporation ren- term ‘maximum available power’ means the ‘‘Sec. 30C. Credit for hybrid vehicles.’’. dering services or making facilities available maximum value of the sum of the heat en- are members of the same affiliated group (as TITLE VII—ADDITIONAL TAX PROVISIONS gine and electric drive system power or other defined in section 1504). nonheat energy conversion devices available SEC. 701. LIMITATION ON USE OF NONACCRUAL ‘‘(2) EXCEPTION DETERMINED ON AN AFFILI- for a driver’s command for maximum accel- EXPERIENCE METHOD OF ACCOUNT- ING. ATED GROUP BASIS.—In the case of a lending eration at vehicle speeds under 75 miles per or finance company which is a member of an hour. (a) IN GENERAL.—Section 448(d)(5) (relating to special rule for services) is amended— affiliated group (as defined in section 1504), ‘‘(3) AUTOMOBILE.—The term ‘automobile’ such company shall be treated as meeting has the meaning given such term by section (1) by inserting ‘‘in fields described in para- the requirements of subsection (c)(6) if such 4064(b)(1) (without regard to subparagraphs graph (2)(A)’’ after ‘‘services by such per- group (determined by taking into account (B) and (C) thereof). A vehicle shall not fail son’’, and only members of such group which are en- to be treated as an automobile solely by rea- (2) by inserting ‘‘CERTAIN PERSONAL’’ before gaged in a lending or finance business) meets son of weight if such vehicle is rated at 8,500 ‘‘SERVICES’’ in the heading. (b) EFFECTIVE DATE.— such requirements.’’. pounds gross vehicle weight rating or less. (c) EFFECTIVE DATE.—The amendments (1) IN GENERAL.—The amendments made by ‘‘(d) APPLICATION WITH OTHER CREDITS.— made by this section shall apply to taxable this section shall apply to taxable years end- The credit allowed by subsection (a) for any years beginning after December 31, 2000. taxable year shall not exceed the excess (if ing after the date of the enactment of this any) of— Act. SEC. 704. CHARITABLE CONTRIBUTION DEDUC- TION FOR CERTAIN EXPENSES IN- ‘‘(1) the regular tax for the taxable year re- (2) CHANGE IN METHOD OF ACCOUNTING.—In CURRED IN SUPPORT OF NATIVE duced by the sum of the credits allowable the case of any taxpayer required by the ALASKAN SUBSISTENCE WHALING. under subpart A and the preceding sections amendments made by this section to change (a) IN GENERAL.—Section 170 (relating to of this subpart, over its method of accounting for its first taxable charitable, etc., contributions and gifts) is ‘‘(2) the tentative minimum tax for the year ending after the date of the enactment amended by redesignating subsection (m) as taxable year. of this Act— subsection (n) and by inserting after sub- ‘‘(e) SPECIAL RULES.— (A) such change shall be treated as initi- section (l) the following new subsection: ‘‘(1) BASIS REDUCTION.—The basis of any ated by the taxpayer, ‘‘(m) EXPENSES PAID BY CERTAIN WHALING property for which a credit is allowable (B) such change shall be treated as made CAPTAINS IN SUPPORT OF NATIVE ALASKAN under subsection (a) shall be reduced by the with the consent of the Secretary of the SUBSISTENCE WHALING.— amount of such credit (determined without Treasury, and ‘‘(1) IN GENERAL.—In the case of an indi- regard to subsection (d)). (C) the net amount of the adjustments re- vidual who is recognized by the Alaska Es- ‘‘(2) RECAPTURE.—The Secretary shall, by quired to be taken into account by the tax- kimo Whaling Commission as a whaling cap- regulations, provide for recapturing the ben- payer under section 481 of the Internal Rev- tain charged with the responsibility of main- efit of any credit allowable under subsection enue Code of 1986 shall be taken into account taining and carrying out sanctioned whaling (a) with respect to any property which ceases over a period (not greater than 4 taxable activities and who engages in such activities to be property eligible for such credit. years) beginning with such first taxable during the taxable year, the amount de- ‘‘(3) PROPERTY USED OUTSIDE UNITED year. scribed in paragraph (2) (to the extent such STATES, ETC., NOT QUALIFIED.—No credit shall SEC. 702. REPEAL OF SECTION 530(d) OF THE amount does not exceed $7,500 for the taxable be allowed under this section with respect REVENUE ACT OF 1978. year) shall be treated for purposes of this to— (a) IN GENERAL.—Section 530(d) of the Rev- section as a charitable contribution. ‘‘(A) any property for which a credit is al- enue Act of 1978 (as added by section 1706 of ‘‘(2) AMOUNT DESCRIBED.— lowed under section 30, the Tax Reform Act of 1986) is repealed. ‘‘(A) IN GENERAL.—The amount described in ‘‘(B) any property referred to in section (b) EFFECTIVE DATE.—The amendment this paragraph is the aggregate of the rea- 50(b), or made by subsection (a) shall apply to periods sonable and necessary whaling expenses paid ‘‘(C) any property taken into account ending after the date of the enactment of by the taxpayer during the taxable year in under section 179 or 179A. this Act. carrying out sanctioned whaling activities. October 3, 2000 CONGRESSIONAL RECORD — SENATE S9729

‘‘(B) WHALING EXPENSES.—For purposes of plicable State statute, a court of the State and 461(h) were satisfied at the time the subparagraph (A), the term ‘whaling ex- which enacted such statute. structured settlement was entered into, the penses’ includes expenses for— ‘‘(B) SPECIAL RULE.—In the case of an ap- subsequent occurrence of a structured settle- ‘‘(i) the acquisition and maintenance of plicable State statute described in paragraph ment factoring transaction shall not affect whaling boats, weapons, and gear used in (3)(B), such term also includes a court of the the application of the provisions of such sec- sanctioned whaling activities, State in which the payee of the structured tions to the parties to the structured settle- ‘‘(ii) the supplying of food for the crew and settlement is domiciled. ment (including an assignee under a quali- other provisions for carrying out such activi- ‘‘(5) QUALIFIED ORDER DISPOSITIVE.—A fied assignment under section 130) in any ties, and qualified order shall be treated as dispositive taxable year. ‘‘(iii) storage and distribution of the catch for purposes of the exception under this sub- ‘‘(2) NO WITHHOLDING OF TAX.—The provi- from such activities. section. sions of section 3405 regarding withholding of ‘‘(3) SANCTIONED WHALING ACTIVITIES.—For ‘‘(c) DEFINITIONS.—For purposes of this tax shall not apply to the person making the purposes of this subsection, the term ‘sanc- section— payments in the event of a structured settle- tioned whaling activities’ means subsistence ‘‘(1) STRUCTURED SETTLEMENT.—The term ment factoring transaction.’’. bowhead whale hunting activities conducted ‘structured settlement’ means an (b) CLERICAL AMENDMENTS.—The table of pursuant to the management plan of the arrangement— chapters for subtitle E is amended by adding Alaska Eskimo Whaling Commission.’’. ‘‘(A) which is established by— at the end the following new item: (b) EFFECTIVE DATE.—The amendments ‘‘(i) suit or agreement for the periodic pay- ‘‘CHAPTER 55. Structured settlement fac- made by subsection (a) shall apply to taxable ment of damages excludable from the gross years ending after December 31, 2000. income of the recipient under section toring transactions.’’. (c) EFFECTIVE DATES.— SEC. 705. IMPOSITION OF EXCISE TAX ON PER- 104(a)(2), or SONS WHO ACQUIRE STRUCTURED ‘‘(ii) agreement for the periodic payment of (1) IN GENERAL.—The amendments made by SETTLEMENT PAYMENTS IN FAC- compensation under any workers’ compensa- this section (other than the provisions of TORING TRANSACTIONS. tion act excludable from the gross income of section 5891(d) of the Internal Revenue Code (a) IN GENERAL.—Subtitle E is amended by the recipient under section 104(a)(1), and of 1986, as added by this section) shall apply adding at the end the following new chapter: ‘‘(B) under which the periodic payments to structured settlement factoring trans- ‘‘CHAPTER 55—STRUCTURED are— actions (as defined in section 5891(c) of such SETTLEMENT FACTORING TRANSACTIONS ‘‘(i) of the character described in subpara- Code as adopted by this section) entered into ‘‘Sec. 5891. Structured settlement fac- graphs (A) and (B) of section 130(c)(2), and on or after the 30th day following the date of toring transactions. ‘‘(ii) payable by a person who is a party to the enactment of this Act. (2) CLARIFICATION OF EXISTING LAW.—Sec- ‘‘SEC. 5891. STRUCTURED SETTLEMENT FAC- the suit or agreement or to the workers’ TORING TRANSACTIONS. compensation claim or by a person who has tion 5891(d) of such Code (as so added) shall ‘‘(a) IMPOSITION OF TAX.—There is hereby assumed the liability for such periodic pay- apply to transactions entered into before, on, imposed on any person who acquires directly ments under a qualified assignment in ac- or after such 30th day. or indirectly structured settlement payment cordance with section 130. (3) TRANSITION RULE.—In the case of a rights in a structured settlement factoring ‘‘(2) STRUCTURED SETTLEMENT PAYMENT structured settlement factoring transaction transaction a tax equal to 40 percent of the RIGHTS.—The term ‘structured settlement entered into during the period beginning on factoring discount as determined under sub- payment rights’ means rights to receive pay- the 30th day following the date of the enact- section (c)(4) with respect to such factoring ments under a structured settlement. ment of this Act and ending on July 1, 2002, transaction. ‘‘(3) STRUCTURED SETTLEMENT FACTORING no tax shall be imposed under section 5891(a) ‘‘(b) EXCEPTION FOR CERTAIN APPROVED TRANSACTION.— of such Code if— TRANSACTIONS.— ‘‘(A) IN GENERAL.—The term ‘structured (A) the structured settlement payee is ‘‘(1) IN GENERAL.—The tax under subsection settlement factoring transaction’ means a domiciled in a State (or possession of the (a) shall not apply in the case of a structured transfer of structured settlement payment United States) which has not enacted a stat- settlement factoring transaction in which rights (including portions of structured set- ute providing that the structured settlement the transfer of structured settlement pay- tlement payments) made for consideration factoring transaction is ineffective unless ment rights is approved in advance in a by means of sale, assignment, pledge, or the transaction has been approved by an qualified order. other form of encumbrance or alienation for order, judgment, or decree of a court (or ‘‘(2) QUALIFIED ORDER.—For purposes of consideration. where applicable, a responsible administra- this section, the term ‘qualified order’ means ‘‘(B) EXCEPTION.—Such term shall not tive authority) which finds that such a final order, judgment, or decree which— include— transaction— ‘‘(A) finds that the transfer described in ‘‘(i) the creation or perfection of a security (i) does not contravene any Federal or paragraph (1)— interest in structured settlement payment State statute or the order of any court (or ‘‘(i) does not contravene any Federal or rights under a blanket security agreement responsible administrative authority), and State statute or the order of any court or re- entered into with an insured depository in- (ii) is in the best interest of the structured sponsible administrative authority, and stitution in the absence of any action to re- settlement payee or is appropriate in light of ‘‘(ii) is in the best interest of the payee, direct the structured settlement payments a hardship faced by the payee, and taking into account the welfare and support to such institution (or agent or successor (B) the person acquiring the structured of the payee’s dependents, and thereof) or otherwise to enforce such blanket settlement payment rights discloses to the ‘‘(B) is issued— security interest as against the structured structured settlement payee in advance of ‘‘(i) under the authority of an applicable settlement payment rights, or the structured settlement factoring trans- State statute by an applicable State court, ‘‘(ii) a subsequent transfer of structured action the amounts and due dates of the pay- or settlement payment rights acquired in a ments to be transferred, the aggregate ‘‘(ii) by the responsible administrative au- structured settlement factoring transaction. amount to be transferred, the consideration thority (if any) which has exclusive jurisdic- ‘‘(4) FACTORING DISCOUNT.—The term ‘fac- to be received by the structured settlement tion over the underlying action or pro- toring discount’ means an amount equal to payee for the transferred payments, the dis- ceeding which was resolved by means of the the excess of— counted present value of the transferred pay- structured settlement. ‘‘(A) the aggregate undiscounted amount of ments including the present value as deter- ‘‘(3) APPLICABLE STATE STATUTE.—For pur- structured settlement payments being ac- mined in the manner described in section poses of this section, the term ‘applicable quired in the structured settlement factoring 7520 of such Code, and the expenses required State statute’ means a statute providing for transaction, over under the terms of the structured settlement the entry of an order, judgment, or decree ‘‘(B) the total amount actually paid by the factoring transaction to be paid by the struc- described in paragraph (2)(A) which is en- acquirer to the person from whom such tured settlement payee or deducted from the acted by— structured settlement payments are ac- proceeds of such transaction. ‘‘(A) the State in which the payee of the quired. structured settlement is domiciled, or ‘‘(5) RESPONSIBLE ADMINISTRATIVE AUTHOR- TECHNICAL EXPLANATION OF S. 3152, ‘‘(B) if there is no statute described in sub- ITY.—The term ‘responsible administrative THE ‘‘COMMUNITY RENEWAL AND NEW paragraph (A), the State in which either the authority’ means the administrative author- MARKETS ACT OF 2000’’ party to the structured settlement (includ- ity which had jurisdiction over the under- INTRODUCTION ing an assignee under a qualified assignment lying action or proceeding which was re- This document prepared by the staff of the under section 130) or the person issuing the solved by means of the structured settle- Joint Committee on Taxation provides a funding asset for the structured settlement ment. technical explanation of S. 3152, the ‘‘Com- is domiciled or has its principal place of ‘‘(6) STATE.—The term ‘State’ includes any munity Renewal and New Markets Act of business. possession of the United States. 2000.’’ The Community Renewal and New ‘‘(4) APPLICABLE STATE COURT.—For pur- ‘‘(d) COORDINATION WITH OTHER PROVI- Markets Act of 2000 provides various tax in- poses of this section— SIONS.— centives for distressed communities, afford- ‘‘(A) IN GENERAL.—The term ‘applicable ‘‘(1) IN GENERAL.—If the applicable require- able housing, urban and rural infrastructure, State court’ means, with respect to any ap- ments of sections 72, 104(a) (1) and (2), 130, the production of energy, conservation, tax S9730 CONGRESSIONAL RECORD — SENATE October 3, 2000 relief for farmers, and several additional tax ital gain rate for qualifying assets held for cent; (2) in the case of an urban area, at least provisions. more than five years. 70 percent of the households have incomes I. INCENTIVES FOR DISTRESSED AREAS In addition, the provision authorizes the below 80 percent of the median income of Secretaries of HUD and Agriculture to des- households within the local government ju- A. TAX INCENTIVES FOR RENEWAL ZONES AND ignate 30 new ‘‘renewal zones’’ that have the risdiction; (3) the unemployment rate is at EMPOWERMENT ZONES (SECS. 101 AND 111–115 same tax incentives as empowerment zones. least 1.5 times the national unemployment OF THE BILL AND SECS. 1391, 1394, 1396, The designations of the new renewal zones rate; and (4) the area is one of pervasive pov- 1397A–D, AND NEW SEC. 1400E OF THE CODE) will take effect on January 1, 2002, and ter- erty, unemployment, and general distress. In PRESENT LAW minate on December 31, 2009. general, the areas with the highest average In recent years, provisions have been added Thus, once the 30 new renewal zones have ranking of eligibility factors (1), (2) and (3), to the Internal Revenue Code that target been designated there will exist a total of 61 above will be designated as renewal zones. specific geographic areas for special Federal zones providing similar tax incentives for States without any empowerment zone income tax treatment. As described in great- distressed areas, all of whose designations would be given priority in the designation er detail below, empowerment zones and en- will terminate on December 31, 2009. The re- process. Moreover, the designations of re- terprise communities generally provide tax newal zones are treated as empowerment newal zones must result in (after taking into incentives for businesses that locate within zones for all purposes of the Code. After tak- account existing empowerment zones) each certain geographic areas designated by the ing into account existing empowerment State having at least one zone designation Secretaries of Housing and Urban Develop- zones (and the designation of the new re- (empowerment or renewal zone). ment (‘‘HUD’’) and Agriculture. newal zones), each State shall have at least There are no geographic size limitations Round I empowerment zones one zone. placed on renewal zones. Instead, the bound- The Omnibus Budget Reconciliation Act of Existing zones ary of a renewal zone must be continuous. In 1993 (‘‘OBRA 1993’’) authorized the designa- Conforming and enhancing incentives for addition, a renewal zone must have a min- tion of nine empowerment zones (‘‘Round I Round I and Round II empowerment zones.— imum population of 4,000 if the area is lo- empowerment zones’’) to provide tax incen- The provision extends the designation of em- cated within a metropolitan statistical area tives for businesses to locate within targeted powerment zone status for Round I and II (at least 1,000 in all other cases), and a max- areas designated by the Secretaries of HUD empowerment zones through December 31, imum population of not more than 200,000. and Agriculture. The Taxpayer Relief Act of 2009. In addition, a 15-percent wage credit is The population limitations do not apply to 1997 (‘‘1997 Act’’) authorized the designation made available in all Round I and II em- any renewal zone that is entirely within an of two additional Round I urban empower- powerment zones, effective in 2002 (except in Indian reservation. ment zones. the case of the two additional Round I em- Required State and local commitments.—In Businesses in the 11 Round I empowerment powerment zones, for which the 15-percent order for an area to be designated as a re- zones qualify for the following tax incen- wage credit takes effect in 2005 as scheduled newal zone, State and local governments are tives: (1) a 20-percent wage credit for the under present law). For all the empowerment required to submit a written course of action first $15,000 of wages paid to a zone resident zones, the 15-percent wage credit expires on in which the State and local governments who works in the empowerment zone, (2) an December 31, 2009. promise to take at least four of the following additional $20,000 of section 179 expensing for In addition, $35,000 (rather than $20,000) of governmental actions: (1) a reduction of tax qualifying zone property, and (3) tax-exempt additional section 179 expensing is available rates or fees; (2) an increase in the level of financing for certain qualifying zone facili- for qualified zone property placed in service efficiency of local services; (3) crime reduc- ties. The tax incentives with respect to the in taxable years beginning after December tion strategies; (4) actions to remove or empowerment zones designated by OBRA 31, 2001, by a qualified business in any of the streamline governmental requirements; (5) 1993 generally are available during the 10- empowerment zones. involvement by private entities and commu- year period of 1995 through 2004. The tax in- Businesses located in Round I empower- nity groups, such as to provide jobs and job centives with respect to the two additional ment zones are eligible for the more gen- training and financial assistance; and (6) the Round I empowerment zones generally are erous tax-exempt bond rules that apply gift (or sale at below fair market value) of available during the 10-year period of 2000 under present law to businesses in the Round surplus realty by the State or local govern- through 2009. II empowerment zones (sec. 1394(f)). The pro- ment to community organizations or private companies. Round II empowerment zones posal applies to tax-exempt bonds issued after December 31, 2001. Bonds that have Enterprise community seeking designation as The 1997 Act also authorized the designa- been issued by businesses in Round I zones renewal zones.—An enterprise community tion of 20 additional empowerment zones before January 1, 2002, are not taken into ac- can apply for designation as a renewal zone. (‘‘Round II empowerment zones’’), of which count in applying the limitations on the In selecting a nominated area as a renewal 15 are located in urban areas and five are lo- amount of new empowerment zone facility zone, the Secretary shall take into account cated in rural areas. Businesses in the Round bonds that can be issued under the provision. the status of a nominated area as an enter- II empowerment zones are not eligible for Businesses located in any empowerment prise community. If a renewal zone designa- the wage credit, but are eligible to receive zone also qualify for a zero-percent capital tion is granted, then an area’s designation as up to $20,000 of additional section 179 expens- gains rate for gain from the sale of a quali- an enterprise community ceases as of the ing. Businesses in the Round II empower- fying zone assets acquired after date of en- date the area’s designation as a renewal zone ment zones also are eligible for more gen- actment and before January 1, 2010, and held takes effect. erous tax-exempt financing benefits than for more than five years. Assets that would Tax incentives for renewal zones.—Busi- those available in the Round I empowerment qualify for this incentive would be similar to nesses in renewal zones will have the same zones. Specifically, the tax-exempt financing the types of assets that qualify for the tax incentives as businesses in existing em- benefits for the Round II empowerment zones present-law zero percent capital gains rate powerment zones (as modified by this provi- are not subject to the State private activity for qualifying D.C. Zone assets. The zero-per- sion), which will be available during the pe- bond volume caps (but are subject to sepa- cent capital gains rate is limited to an ag- riod beginning January 1, 2002 and ending rate per-zone volume limitations), and the gregate amount not to exceed $25 million of December 31, 2009 (i.e., a zero percent capital per-business size limitations that apply to gain per taxpayer. Gain attributable to the gains rate for qualifying assets; a 15-percent the Round I empowerment zones and enter- period before the date of enactment or after wage credit for qualifying wages; $35,000 in prise communities (i.e., $3 million for each December 31, 2014, is not eligible for the zero- additional 179 expensing for qualifying prop- qualified enterprise zone business with a percent rate. erty; and the enhanced tax-exempt bond maximum of $20 million for each principal Renewal zones rules that currently apply to businesses in user for all zones and communities) do not the Round II empowerment zones). Designation of 30 renewal zones.—The Secre- apply to qualifying bonds issued for Round II GAO report.—The General Accounting Of- taries of HUD and Agriculture are authorized empowerment zones. The tax incentives with fice will audit and report to Congress every to designate up to 30 renewal zones from respect to the Round II empowerment zones three years (beginning on January 31, 2004) areas nominated by States and local govern- generally are available during the 10-year pe- on the renewal zone program and its effect ments. At least six of the designated renewal riod of 1999 through 2008. on poverty, unemployment, and economic zones must be in rural areas. The Secretary EXPLANATION OF PROVISION growth within the designated renewal zones. of HUD is required to publish (within four Overview months after enactment) regulations de- EFFECTIVE DATE As described in detail below, the provision scribing the nomination and selection proc- The extension of the existing empower- conforms the wage credit and tax-exempt ess. Designations of renewal zones must be ment zone designations is effective after the bond incentives for the Round I and Round II made before January 1, 2002, and the designa- date of enactment. empowerment zones and extends their des- tions are effective for the period beginning The additional section 179 expensing and ignations through December 31, 2009. The on January 1, 2002 through December 31, 2009. the more generous tax-exempt bond rules for provision also increases the incentives to ex- Eligibility criteria.—To be designated as a the existing empowerment zones is effective isting empowerment zones by (1) increasing renewal zone, a nominated area must meet after December 31, 2001. The zero-percent the additional section 179 deduction to the following criteria: (1) each census tract capital gains rate applies to qualifying prop- $35,000, and (2) providing a zero-percent cap- must have a poverty rate of at least 20 per- erty purchased after the date of enactment October 3, 2000 CONGRESSIONAL RECORD — SENATE S9731

(after December 31, 2001 in the case of re- generally refers to certain enterprise zone D. NEW MARKETS TAX CREDIT (SECTION 131 OF newal zones). businesses within the D.C. Zone. For pur- THE BILL AND NEW SEC. 45D OF THE CODE) The 15-percent wage credit generally is ef- poses of the zero-percent capital gains rate, PRESENT LAW fective for qualifying wages paid after De- the D.C. Zone is defined to include all census Some tax incentives are available to tax- cember 31, 2001. With respect to the two addi- tracts within the District of Columbia where payers making investments and loans in low- tional Round I empowerment zones, however, the poverty rate is not less than 10 percent income communities. For example, tax in- the wage credit is effective for qualifying as determined on the basis of the 1990 Census centives are available to taxpayers that in- wages paid after December 31, 2004. (sec. 1400B(d)). vest in specialized small business investment The 30 new renewal zones must be des- EXPLANATION OF PROVISION companies licensed by the Small Business ignated by January 1, 2002, and the resulting The provision eliminates the 10-percent Administration to make loans to, or equity tax benefits will be available for the period poverty rate limitation for purposes of the investments in, small businesses owned by beginning January 1, 2002, and ending De- zero-percent capital gains rate. Thus, the persons who are socially or economically dis- cember 31, 2009. zero-percent capital gains rate applies to advantaged. B. FUNDING FOR ROUND II EMPOWERMENT capital gains from the sale of assets held EXPLANATION OF PROVISION ZONES (SEC. 116 OF THE BILL) more than five years attributable to certain The provision creates a new tax credit for The provision provides a one-time grant in qualifying businesses located in the District qualified equity investments made to ac- fiscal year 2001 of $5,000,000 for each of the 15 of Columbia. quire stock in a selected community devel- urban empowerment zones designated pursu- EFFECTIVE DATE opment entity (‘‘CDE’’). The maximum an- ant to the Taxpayer Relief Act of 1997, and The provision is effective for D.C. Zone nual amount of qualifying equity invest- $2,000,000 for each of the 5 rural empower- business stock and partnership interests ments is capped as follows: ment zones designated pursuant to the Tax- originally issued after, and D.C. Zone busi- payer Relief Act of 1997. ness property assets originally acquired by Calendar year Maximum qualifying equity The provision also provides a one-time the taxpayer after, December 31, 2000. investment grant $250,000 for each of the remaining 3. Gross Income Test for D.C. Zone Busi- 2002 ...... $1.0 billion Round I enterprise communities (i.e., those nesses (Sec. 123 of the Bill and Sec. 1400B of 2003–2006 ...... 1.5 billion per year that have not become empowerment zones). the Code) C. EXTENSION AND EXPANSION OF DISTRICT OF PRESENT LAW The amount of the new tax credit to the in- COLUMBIA ENTERPRISE ZONE (‘‘D.C. ZONE’’) A zero-percent capital gains rate applies to vestor (either the original purchaser or a subsequent holder) is (1) a five-percent credit 1. Extension of D.C. Zone (Sec. 121 of the Bill gain from the sale of certain qualified D.C. for the year in which the equity interest is and Secs. 1400 and 1400A of the Code) zone assets. In general, a D.C. Zone asset means stock or partnership interests held in, purchased from the CDE and the first two PRESENT LAW or tangible property held by, a D.C. Zone anniversary dates after the interest is pur- The 1997 Act designated certain economi- business. A D.C. Zone business generally re- chased from the CDE, and (2) a six-percent cally depressed census tracts within the Dis- fers to certain enterprise zone businesses credit on each anniversary date thereafter trict of Columbia as the District of Columbia within the D.C. Zone, except that 80 percent for the following four years. The taxpayer’s Enterprise Zone (the ‘‘D.C. Zone’’), within of the total gross income of the entity must basis in the investment is reduced by the which businesses and individual residents are be derived from the active conduct of the amount of the credit (other than for pur- eligible for special tax incentives. The D.C. business (sec. 1400B(c)(2)). poses of calculating the zero-percent capital Zone designation remains in effect for the EXPLANATION OF PROVISION gains rules and section 1202). The credit is period from January 1, 1998, through Decem- subject to the general business credit rules. The provision reduces the level of gross in- ber 31, 2002. In addition to the tax incentives A CDE is any domestic corporation or come needed to qualify as a D.C. Zone busi- available with respect to a Round I empower- partnership (1) whose primary mission is ness to 50 percent. ment zone (including a wage credit), the D.C. serving or providing investment capital for Zone also has a zero-percent capital gains EFFECTIVE DATE low-income communities or low-income per- rate that applies to gain from the sale of cer- The provision is effective for D.C. Zone sons, (2) that maintains accountability to tain qualified D.C. Zone assets acquired after business stock and partnership interest residents of low-income communities December 31, 1997 and held for more than five originally issued after, and D.C. Zone busi- through the representation of the residents years. ness property originally acquired by the tax- on governing or advisory boards of the CDE, With respect to the tax-exempt financing payer after, December 31, 2000. and (3) is certified by the Treasury Depart- incentives, the D.C. Zone generally is treated 4. Expansion of District of Columbia Home- ment as an eligible CDE. No later than 120 like a Round I empowerment zone; therefore, buyer Tax Credit (Sec. 124 of the Bill and days after enactment, the Treasury Depart- the issuance of such bonds is subject to the Sec. 1400C of the Code) ment will issue guidance that specifies objec- District of Columbia’s annual private activ- PRESENT LAW tive criteria to be used by the Treasury to ity bond volume limitation. However, the ag- First-time homebuyers of a principal resi- allocate the credits among eligible CDEs. In gregate face amount of all outstanding quali- dence in the District of Columbia are eligible allocating the credits, the Treasury Depart- fied enterprise zone facility bonds per quali- for a nonrefundable tax credit of up to $5,000 ment will give priority to entities with fied D.C. Zone business may not exceed $15 of the amount of the purchase price. The records of having successfully provided cap- million (rather than $3 million, as is the case $5,000 maximum credit applies both to indi- ital or technical assistance to disadvantaged for Round I empowerment zones). viduals and married couples. Married indi- businesses or communities, as well as to en- EXPLANATION OF PROVISION viduals filing separately can claim a max- tities that intend to invest substantially all imum credit of $2,500 each. The credit phases of the proceeds they receive from their in- The provision extends the D.C. Zone des- vestors in businesses in which persons unre- ignation through December 31, 2006. The pro- out for individual taxpayers with adjusted gross income between $70,000 and $90,000 lated to the CDE hold the majority equity vision also conforms the D.C. zone wage interest. credit to the wage credit for existing em- ($110,000-$130,000 for joint filers). For pur- poses of eligibility, ‘‘first-time homebuyer’’ If a CDE fails to sell equity interests to in- powerment zones, so that a 15-percent wage vestors up to the amount authorized within credit applies with respect to qualifying means any individual if such individual did not have a present ownership interest in a five years of the authorization, then the re- wages beginning in 2003 (and ending on De- maining authorization is canceled. The cember 31, 2006). principal residence in the District of Colum- bia in the one year period ending on the date Treasury Department can authorize another EFFECTIVE DATE of the purchase of the residence to which the CDE to issue equity interests for the unused The provision extending the designation is credit applies. The credit is scheduled to ex- portion. No authorization can be made after effective after the date of enactment. For pire for residences purchased after December 2013. A ‘‘qualified equity investment’’ is defined the D.C. Enterprise Zone, the 15-percent 31, 2001. as stock or a similar equity interest acquired wage credit is effective for qualifying wages EXPLANATION OF PROVISION paid after December 31, 2002. directly from a CDE in exchange for cash. The provision extends the first-time home- Substantially all of the investment proceeds 2. Extension of Zero-Percent Capital Gains buyer credit for two years, through Decem- must be used by the CDE to make ‘‘qualified Rate for D.C. Zone Assets (Sec. 122 of the ber 31, 2003. The provision also extends the low-income community investments.’’ Quali- Bill and Sec. 1400B of the Code) phase-out range for married individuals fil- fied low-income community investments in- PRESENT LAW ing a joint return so that it is twice that of clude: (1) capital or equity investments in, or Present law provides a zero-percent capital individuals. Thus, under the provision, the loans to, qualified active businesses located gains rate for capital gains from the sale of District of Columbia homebuyer credit is in low-income communities, (2) certain fi- certain qualified D.C. Zone assets held for phased out for joint filers with adjusted nancial counseling and other services speci- more than five years. In general, a ‘‘D.C. gross income between $140,000 and $180,000. fied in regulations to businesses and resi- Zone asset’’ means stock or partnership in- EFFECTIVE DATE dents in low-income communities, (3) the terests held in, or tangible assets held by, a The provision is effective for taxable years purchase from another CDE of any loan D.C. Zone business. A D.C. Zone business beginning after December 31, 2000. made by such entity that is a qualified low S9732 CONGRESSIONAL RECORD — SENATE October 3, 2000 income community investment, or (4) an eq- to claim credits under section 936 or section is an individual who is: (1) at least 18 years uity investment in, or loans to, another 30A for a 10-year transition period. Such of age; (2) a citizen or legal resident of the CDE. Treasury Department regulations will credits apply to possession business income, United States; and (3) a member of a house- provide guidance with respect to the ‘‘sub- which is derived from the active conduct of hold with family gross income of 60 percent stantially all’’ standard. a trade or business within a U.S. possession or less of national median gross income and The stock or equity interest cannot be re- or from the sale or exchange of substantially a net worth of $10,000 or less. deemed (or otherwise cashed out) by the CDE all of the assets that were used in such a Contributions to an IDA by eligible individuals for at least seven years. If the entity ceases trade or business. In contrast to the foreign Only eligible individuals are allowed to to be a qualified CDE during the seven-year tax credit, the Puerto Rico and possession contribute to an IDA. Contributions to IDAs period following the taxpayer’s investment, tax credit is granted whether or not the cor- by individuals are not deductible, and earn- or if the equity interest is redeemed by the poration pays income tax to the possession. ings on such contributions are includible in issuing CDE during that seven-year period, One of two alternative limitations is appli- income. then any credits claimed with respect to the cable to the amount of the credit attrib- Matching contributions equity interest are recaptured (with interest) utable to possession business income. Under The bill provides a maximum annual tax and no further credits are allowed. the economic activity limit, the amount of credit of $270 (90 percent of $300) to a finan- A ‘‘low-income community’’ is defined as the credit with respect to such income can- cial institution that makes matching con- census tracts with: (1) poverty rates of at not exceed the sum of a portion of the tax- tributions to the IDAs of individuals. This least 20 percent (based on the most recent payer’s wage and fringe benefit expenses and credit is available in each year that a match- depreciation allowances (plus, in certain census data), or (2) median family income ing contribution is made. An additional $100 cases, possession income taxes); beginning in which does not exceed 80 percent of the tax credit would be allowed for each account greater of metropolitan area income or 2002, the income eligible for the credit com- opened. The credit is for the costs incurred statewide median family income (for a non- puted under this limit generally is subject to to open and maintain the account, as well as metropolitan census tract, 80 percent of non- a cap based on the corporation’s pre-1996 pos- to provide financial education. The credits metropolitan statewide median family in- session business income adjusted for infla- could be claimed by the financial institution come). The Secretary also may designate tion. Under the alternative limit, the or its contractual affiliates. It is anticipated any area within any census tract as a ‘‘low amount of the credit is limited to the appli- that a financial institution may collaborate income community’’ provided that (1) the cable percentage (40 percent for 1998 and with one or more contractual affiliates, non- boundary of the area is continuous, (2) the thereafter) of the credit that would other- profits, or Indian tribes to carry out the IDA area (if it were a census tract) would satisfy wise be allowable with respect to possession program. Contractual affiliates who provide the poverty rate or median income require- business income; beginning in 1998, the in- matching funds should be eligible to receive ments set forth above within the targeted come eligible for the credit computed under the matching tax credit. area, and (3) an inadequate access to invest- this limit generally is subject to a cap based Matching contributions (and earnings ment capital exists in the area. on the corporation’s pre-1996 possession busi- thereon) are not includible in the gross in- A ‘‘qualified active business’’ is defined as ness income. Special rules apply in com- come of the eligible individual. a business which satisfies the following re- puting the credit with respect to operations If an individual withdraws his or her own quirements: (1) at least 50 percent of the in Guam, American Samoa, and the Com- IDA contributions (or earnings thereon) for a total gross income of the business is derived monwealth of the Northern Mariana Islands. purpose other than a qualified purpose, then from the active conduct of trade or business The credit expires for taxable years begin- the matching contribution attributable to activities in low-income communities; (2) a ning after December 31, 2005. such individual contribution is forfeited. substantial portion of the use of the tangible EXPLANATION OF PROVISION Matching contributions can be withdrawn property of such business is used within low- The bill modifies the credit computed only for the following qualified purposes: (1) income communities; (3) a substantial por- under the economic activity limit with re- certain educational expenses; (2) first-time tion of the services performed for such busi- spect to operations in Puerto Rico only. homebuyer expenses; (3) business start-up or ness by its employees is performed in low-in- First, the proposal expands the lines of busi- expansion purposes; and (4) qualified roll- come communities; and (4) less than 5 per- ness eligible under the credit to include new overs. cent of the average aggregate of unadjusted lines of business established in Puerto Rico Effect on means-tested programs bases of the property of such business is at- after December 31, 2000, and before January Any amounts in the IDA are not to be tributable to certain financial property or to 1, 2005 by existing credit claimants. These taken into account for certain Federal collectibles (other than collectibles held for ‘‘new opportunity credit’’ claimants are eli- means-tested programs. sale to customers). There is no requirement gible to claim credits in taxable years begin- EFFECTIVE DATE that employees of the business be residents ning before January 1, 2006. In addition, in- The tax credit provision is effective for of the low income community. come eligible for the credit computed under Rental of improved commercial real estate contributions to IDAs and matching con- the economic activity limitation is subject tributions made with respect to such IDAs located in a low-income community is a to the present-law income limitation. Also, qualified active business, regardless of the after December 31, 2001, and before January these ‘‘new opportunity credit’’ claimants 1, 2006. characteristics of the commercial tenants of are required to calculate their credit in each G. ADDITIONAL INCENTIVES the property. The purchase and holding of taxable year, but claim that amount of cred- 1. Exclusion of certain amounts received unimproved real estate is not a qualified ac- it over a five-year period (on a pro-rata under the National Health Service Corps tive business. In addition, a qualified active basis) beginning the year in which the credit Scholarship Program and the F. Edward business does not include (a) any business is earned. Hebert Armed Forces Health Professions consisting predominantly of the develop- In addition, for existing credit claimants, Scholarship and Financial Assistance Pro- ment or holding of intangibles for sale or li- the present-law limitation on income eligi- gram (sec. 171 of the bill and sec. 117 of the cense; or (b) operation of any facility de- ble for the credit for any taxable year is in- Code) scribed in sec. 144(c)(6)(B). A qualified active creased by the ratio of the average number business can include an organization that is of full-time employees of the taxpayer dur- PRESENT LAW organized on a non-profit basis. ing the taxable year to the average number The National Health Service Corps Schol- The General Accounting Office will audit of full-time employees of the taxpayer in arship Program (the ‘‘NHSC Scholarship and report to Congress by January 31, 2004 1995 and 1996. Program’’) and the F. Edward Hebert Armed (and again by January 31, 2007) on the new EFFECTIVE DATE Forces Health Professions Scholarship and markets program, including on all qualified Financial Assistance Program (the ‘‘Armed community development entities that re- The provision applies to taxable years be- Forces Scholarship Program’’) provide edu- ceive an allocation under the new markets ginning after December 31, 2000. cation awards to participants on condition tax credit. F. CREATION OF INDIVIDUAL DEVELOPMENT AC- that the participants provide certain serv- EFFECTIVE DATE COUNTS (SECS. 731–741 OF THE BILL AND NEW ices. In the case of the NHSC Scholarship The provision is effective for qualified in- SEC. 530A OF THE CODE) Program, the recipient of the scholarship is vestments made after December 31, 2001. PRESENT LAW obligated to provide medical services in a ge- ographic area (or to an underserved popu- E. MODIFICATION OF PUERTO RICO ECONOMIC There are no tax benefits to encourage fi- lation group or designated facility) identi- ACTIVITY TAX CREDIT (SEC. 141 OF THE BILL nancial institutions to match savings of low- fied by the Public Health Service as having AND SEC. 30A OF THE CODE) income individuals. a shortage of health-care professionals. In PRESENT LAW EXPLANATION OF PROVISION the case of the Armed Forces Scholarship The Small Business Job Protection Act of In general Program, the recipient of the scholarship is 1996 generally repealed the Puerto Rico and The bill creates individual development ac- obligated to serve a certain number of years possession tax credit. However, certain do- counts (‘‘IDAs’’) to which eligible individuals in the military at an armed forces medical mestic corporations that had active business can contribute, annually, the lesser of: (1) facility. Because the recipients are required operations in Puerto Rico or another U.S. $2,000; or (2) the individual’s taxable com- to perform services in exchange for the edu- possession on October 13, 1995, may continue pensation for the year. An eligible individual cation awards, the awards used to pay higher October 3, 2000 CONGRESSIONAL RECORD — SENATE S9733 education expenses are taxable income to where its educational activities are regu- An eligible child is an individual (1) who the recipient. larly carried on; and (2) tax-exempt chari- has not attained age 18 or (2) who is phys- Section 117 excludes from gross income table organizations that are organized pri- ically or mentally incapable of caring for amounts received as a qualified scholarship marily for purposes of supporting elemen- himself or herself. After December 31, 2001, by an individual who is a candidate for a de- tary and secondary education. A private the credit will be available only for domestic gree and used for tuition and fees required foundation also is an eligible donee, provided special needs adoptions. for the enrollment or attendance (or for fees, that, within 30 days after receipt of the con- No credit is allowed for expenses incurred books, supplies, and equipment required for tribution, the private foundation contributes (1) in violation of State or Federal law, (2) in courses of instruction) at a primary, sec- the property to an eligible donee described carrying out any surrogate parenting ar- ondary, or post-secondary educational insti- above. rangement, (3) in connection with the adop- tution. The tax-free treatment provided by Qualified contributions are limited to gifts tion of a child of the taxpayer’s spouse, (4) section 117 does not extend to scholarship made no later than two years after the date that are reimbursed under an employer adop- amounts covering regular living expenses, the taxpayer acquired or substantially com- tion assistance program or otherwise, or (5) such as room and board. In addition to the pleted the construction of the donated prop- for a foreign adoption that is not finalized. exclusion for qualified scholarships, section erty. In addition, the original use of the do- The credit is phased out ratably for tax- 117 provides an exclusion from gross income nated property must commence with the payers with modified AGI above $75,000, and for qualified tuition reductions for certain donor or the donee. Accordingly, qualified is fully phased out at $115,000 of modified education provided to employees (and their contributions generally are limited to prop- AGI. For these purposes modified AGI is spouses and dependents) of certain edu- erty that is no more than two years old. computed by increasing the taxpayer’s AGI cational organizations. Such donated property could be computer by the amount otherwise excluded from Section 117(c) specifically provides that technology or equipment that is inventory gross income under Code sections 911, 931, or the exclusion for qualified scholarships and or depreciable trade or business property in 933. qualified tuition reductions does not apply the hands of the donor. EXPLANATION OF PROVISION to any amount received by a student that Donee organizations are not permitted to The bill extends the adoption credit for the represents payment for teaching, research, transfer the donated property for money or adoption of non-special needs children for or other services by the student required as services (e.g., a donee organization cannot two years through December 31, 2003. a condition for receiving the scholarship or sell the computers). However, a donee orga- EFFECTIVE DATE tuition reduction. nization may transfer the donated property The provision is effective on the date of en- Section 134 provides that any ‘‘qualified in furtherance of its exempt purposes and be actment. military benefit,’’ which includes any allow- reimbursed for shipping, installation, and 4. Tax treatment of Alaska Native Settle- ance, is excluded from gross income if re- transfer costs. For example, if a corporation ment Trusts (Sec. 174 of the Bill and New ceived by a member or former member of the contributes computers to a charity that sub- Secs. 646 and 6039H of the Code) uniformed services if such benefit was ex- sequently distributes the computers to sev- cludable from gross income on September 9, eral elementary schools in a given area, the PRESENT LAW 1986. charity could be reimbursed by the elemen- An Alaska Native Settlement Corporation (‘‘ANC’’) may establish a Settlement Trust EXPLANATION OF PROVISION tary schools for shipping, transfer, and in- (‘‘Trust’’) under section 39 of the Alaska Na- The provision provides that amounts re- stallation costs. The special treatment applies only to do- tive Claims Settlement Act (‘‘ANCSA’’) and ceived by an individual under the NHSC transfer money or other property to such Scholarship Program or the Armed Forces nations made by C corporations. S corpora- tions, personal holding companies, and serv- Trust for the benefit of beneficiaries who Scholarship Program are eligible for tax-free constitute all or a class of the shareholders treatment as qualified scholarships under ice organizations are not eligible donors. The provision is scheduled to expire for of the ANC, to promote the health, education section 117, without regard to any service ob- contributions made in taxable years begin- and welfare of the beneficiaries and preserve ligation by the recipient. ning after December 31, 2000. the heritage and culture of Alaska Natives. EFFECTIVE DATE With certain exceptions, once an ANC has EXPLANATION OF PROVISION The provision is effective for education made a conveyance to a Trust, the assets awards received after December 31, 1993. The bill extends the current enhanced de- conveyed shall not be subject to attachment, duction for donations of computer tech- distraint, or sale or execution of judgment, 2. Extension and Modification of Enhanced nology and equipment through December 31, except with respect to the lawful debts and Deduction for Corporate Donations of Com- 2003. In addition, the enhanced deduction is obligations of the Trust. puter Technology (Sec. 172 of the Bill and expanded to include donations to public li- The Internal Revenue Service has indi- Sec. 170(e)(6) of the Code) braries. cated that contributions to a Trust con- PRESENT LAW EFFECTIVE DATE stitute distributions to the beneficiary- shareholders at the time of the contribution The maximum charitable contribution de- The provision is effective upon the date of and are treated as dividends to the extent of duction that may be claimed by a corpora- enactment. tion for any one taxable year is limited to 10 earnings and profits as provided under sec- percent of the corporation’s taxable income 3. Extension of the Adoption Tax Credit (Sec. tion 301 of the Code. The Trust and its bene- for that year (disregarding charitable con- 173 of the Bill and Sec. 23 of the Code) ficiaries are taxed in accordance with trust tributions and with certain other modifica- PRESENT LAW rules. tions) (sec. 170(b)(2)). Corporations also are Taxpayers are entitled to a maximum non- EXPLANATION OF PROVISION subject to certain limitations based on the refundable credit against income tax liabil- An Alaska Native Corporation may estab- type of property contributed. In the case of ity of $5,000 per child for qualified adoption lish a Trust under section 39 of ANCSA and a charitable contribution of short-term gain expenses paid or incurred by the taxpayer if the Trust makes an election for its first property, inventory, or other ordinary in- (sec. 23). In the case of a special needs adop- taxable year ending after the date of enact- come property, the amount of the deduction tion, the maximum credit amount is $6,000 ment of the proposal, no amount will be in- generally is limited to the taxpayer’s basis ($5,000 in the case of a foreign special needs cluded in the gross income of a beneficiary of (generally, cost) in the property. However, adoption). A special needs child is a child such Trust by reason of a contribution to the special rules in the Code provide an aug- who the State has determined: (1) cannot or Trust. In addition, unless the electing Trust mented deduction for certain corporate con- should not be returned to the home of the fails to meet the transferability require- tributions. Under these special rules, the birth parents, and (2) has a specific factor or ments of the provision, income of the Trust, amount of the augmented deduction is equal condition because of which the child cannot whether accumulated or distributed, will be to the lesser of (1) the basis of the donated be placed with adoptive parents without taxed only to the Trust (and not to bene- property plus one-half of the amount of ordi- adoption assistance. The adoption of a child ficiaries) at the lowest individual tax rates nary income that would have been realized if who is not a citizen or a resident of the of 15 percent for ordinary income (and the the property had been sold, or (2) twice the United States is a foreign adoption. capital gains rate applicable to individuals basis of the donated property. Qualified adoption expenses are reasonable subject to such 15 percent rate), rather than Section 170(e)(6) allows corporate tax- and necessary adoption fees, court costs, at- at the higher rates generally applicable to payers an augmented deduction for qualified torneys’ fees, and other expenses that are di- trusts or to higher tax bracket beneficiaries. contributions of computer technology and rectly related to the legal adoption of an eli- The earnings and profits of the ANC will equipment (i.e., computer software, com- gible child. All reasonable and necessary ex- not be reduced by the amount of contribu- puter or peripheral equipment, and fiber penses required by a State as a condition of tions to the electing Trust at the time of the optic cable related to computer use) to be adoption are qualified adoption expenses. contributions. However, the ANC earnings used within the United States for edu- Otherwise qualified adoption expenses paid and profits will be reduced (up to the amount cational purposes in grades K–12. Eligible or incurred in one taxable year are not taken of the contributions) as distributions are donees are: (1) any educational organization into account for purposes of the credit until thereafter made by the electing Trust that that normally maintains a regular faculty the next taxable year unless the expenses are would exceed the Trusts’s total undistrib- and curriculum and has a regularly enrolled paid or incurred in the year the adoption be- uted net income (less taxes paid) plus tax-ex- body of pupils in attendance at the place comes final. empt income for all prior years during which S9734 CONGRESSIONAL RECORD — SENATE October 3, 2000 an election is in effect plus for the current after the date of enactment. Under a transi- later than the year in which the building is year, computed under Subchapter J. In addi- tion rule, service performed in the employ of placed in service; and (3) carryover alloca- tion, such distributions that exceed such an Indian tribe is not treated as employment tions. amounts are to be reported and taxed to for FUTA purposes if: (1) it is service which Each State annually receives low-income beneficiaries as if distributed by the ANC in is performed before the date of enactment housing credit authority equal to $1.25 per the year of the distribution by the electing and with respect to which FUTA tax has not State resident for allocation to qualified Trust, and will be treated as dividends to been paid; and (2) such Indian tribe reim- low-income projects. In addition to this $1.25 beneficiaries to the extent the ANC then has burses a State unemployment fund for unem- per resident amount, each State’s ‘‘housing current or accumulated earnings and profits. ployment benefits paid for service attrib- credit ceiling’’ includes the following The fiduciary of an electing Trust must re- utable to such tribe for such period. amounts: (1) the unused State housing credit port to the IRS, with the Trust tax return, 6. Additional Funding for the Social Services ceiling (if any) of such State for the pre- the amount of distributions to each bene- Block Grant (Sec. 176 of the Bill) ceding calendar year; (2) the amount of the ficiary, and the tax treatment to the bene- State housing credit ceiling (if any) returned The provision amends Section 2003(c) of in the calendar year; and (3) the amount of ficiary of such distributions under the provi- Title XX of the Social Security Act and pro- sion (either as exempt from tax to the bene- the national pool (if any) allocated to such vides an additional one-time amount of State by the Treasury Department. ficiary, or as a distribution deemed made by $700,000,000 for fiscal year 2001. the ANC). The electing Trust must also fur- The national pool consists of States’ un- nish such information to the ANC. II. TAX INCENTIVES FOR AFFORDABLE used housing credit carryovers. For each In the case of distributions that are treat- HOUSING State, the unused housing credit carryover ed as if made by the ANC, as described above, A. INCREASE LOW-INCOME HOUSING TAX CRED- for a calendar year consists of the excess (if the ANC must then report such amounts to IT PER CAPITA AMOUNT (SECS. 201 AND 202 any) of the unused State housing credit ceil- the beneficiaries and must indicate whether OF THE BILL AND SEC. 42 OF THE CODE) ing for such year over the excess (if any) of the aggregate housing credit dollar amount they are dividends or not, in accordance with PRESENT LAW the earnings and profits of the ANC. The re- allocated for such year over the sum of $1.25 In general, a maximum 70-percent present per resident and the credit returns for such porting thus required by an electing Trust value tax credit, claimed over a 10-year pe- year. The amounts in the national pool are will be in lieu of, and will satisfy, the report- riod is allowed for the cost of rental housing allocated only to a State which, with respect ing requirements of section 6034A (and such occupied by tenants having incomes below to the previous calendar year allocated its other reporting requirements as the Sec- specified levels. The credit percentage for entire housing credit ceiling for the pre- retary of the Treasury may deem appro- newly constructed or substantially rehabili- ceding calendar year, and requested a share priate). tated housing that is not Federally sub- in the national pool not later than May 1, of If the beneficial interests in the electing sidized is adjusted monthly by the Internal the calendar year. The national pool alloca- Trust or the shares of the ANC may be sold Revenue Service so that the 10 annual in- tion to qualified States is made on a pro rata or exchanged to a person in a manner that stallments have a present value of 70 percent basis equivalent to the fraction that a would not be permitted under ANCSA if the of the total qualified expenditures. The cred- State’s population enjoys relative to the interests were Settlement Common Stock it percentage for new substantially rehabili- total population of all qualified States for (generally, to a person other than an Alaska tated housing that is Federally subsidized that year. Native), then all assets of the Trust that had and for existing housing that is substantially The present-law stacking rule provides not been distributed as of the beginning of rehabilitated is calculated to have a present that a State is treated as using its annual al- that taxable year of the Trust are taxed to value of 30 percent of total qualified expendi- location of credit authority ($1.25 per State the extent they would be if they were dis- tures. resident) and any returns during the cal- tributed at that time. Thereafter, the Trust To claim low-income housing credits, endar year followed by any unused credits and its beneficiaries are generally subject to project owners must receive an allocation of carried forward from the preceding year’s the rules of subchapter J and to the gen- credit from a State or local housing credit credit ceiling and finally any applicable allo- erally applicable trust income tax rates. agency. However, no allocation is required cations from the National pool. EFFECTIVE DATE for buildings at least 50 percent financed EXPLANATION OF PROVISION The provision is effective for taxable years with the proceeds of tax-exempt bonds that The bill increases the annual State credit of Settlement Trusts, their beneficiaries, received an allocation pursuant to the pri- caps from $1.25 to $1.75 per resident begin- and sponsoring Alaska Native Corporations vate activity bond volume limitation of Code ning in 2001. Also beginning in 2001, the per ending after the date of enactment, and to section 146. Such projects must, however, capita cap is modified so that small popu- contributions made to electing Settlement satisfy the requirements for allocation under lation states are given a minimum of $2 mil- Trusts during such year and thereafter. the State’s qualified allocation plan and lion of annual credit cap. The $1.75 per capita meet other requirements. 5. Treatment of Indian Tribes as Non-Profit credit cap and the $2 million amount are in- A building generally must be placed in Organizations and State or Local Govern- dexed for inflation beginning in calendar service during the calendar year in which it ments for Purposes of the Federal Unem- year 2002. receives a credit allocation. However, a ployment Tax (‘‘FUTA’’) (Sec. 175 of the The bill also makes two programmatic housing credit agency can make a binding Bill and Sec. 3306 of the Code) changes to the credit. First, the bill modifies commitment, not later than the year in the stacking rule so that each State is treat- PRESENT LAW which the building is placed in service, to al- ed as using its allocation of the unused State Present law imposes a net tax on employ- locate a specified credit dollar amount to housing credit ceiling (if any) from the pre- ers equal to 0.8 percent of the first $7,000 paid such building beginning in a specified later ceding calendar before the current year’s al- annually to each employee. The current year. In addition, a project can receive a location of credit (including any credits re- gross FUTA tax is 6.2 percent, but employers ‘‘carryover allocation’’ if the taxpayer’s turned to the State) and then finally any Na- in States meeting certain requirements and basis in the project as of the close of the cal- tional pool allocations. Second, the bill pro- having no delinquent loans are eligible for a endar year the allocation is made is more vides that assistance received under the Na- 5.4 percent credit making the net Federal tax than 10 percent of the taxpayer’s reasonably tive American Housing Assistance and Self- rate 0.8 percent. Both non-profit organiza- expected basis in the project, and the build- Determination Act of 1986 is not taken into tions and State and local governments are ing is placed in service not later than the account in determining whether a building is not required to pay FUTA taxes. Instead close of the second calendar year following Federally subsidized for purposes of the cred- they may elect to reimburse the unemploy- the calendar year in which the allocation is it. ment compensation system for unemploy- made. For purposes of the 10-percent test, EFFECTIVE DATE ment compensation benefits actually paid to basis means the taxpayer’s adjusted basis in The provision is effective for calendar their former employees. Generally, Indian land and depreciable real property, whether years beginning after December 31, 2000 and tribes are not eligible for the reimbursement or not these amounts are includible in eligi- buildings placed-in-service after such date in treatment allowable to non-profit organiza- ble basis. Finally, an allocation of credit for the case of projects that also receive financ- tions and State and local governments. increases in qualified basis may occur in ing with proceeds of tax-exempt bonds which years subsequent to the year the project is EXPLANATION OF PROVISION are issued after such date subject to the pri- placed in service. The bill provides that an Indian tribe (in- vate activity bond volume limit. Authority to allocate credits remains at cluding any subdivision, subsidiary, or busi- the State (as opposed to local) government B. TAX CREDIT FOR RENOVATING HISTORIC ness enterprise chartered and wholly owned level unless State law provides otherwise. HOMES (SEC. 211 OF THE BILL AND NEW SEC. by an Indian tribe) is treated like a non-prof- Generally, credits may be allocated only 25B OF THE CODE) it organization or State or local government from volume authority arising during the PRESENT LAW for FUTA purposes (i.e., given an election to calendar year in which the building is placed Present law provides an income tax credit choose the reimbursement treatment). in service, except in the case of: (1) credits for certain expenditures incurred in rehabili- EFFECTIVE DATE claimed on additions to qualified basis; (2) tating certified historic structures and cer- The provision generally is effective with credits allocated in a later year pursuant to tain nonresidential buildings placed in serv- respect to service performed beginning on or an earlier binding commitment made no ice before 1936 (sec. 47). The amount of the October 3, 2000 CONGRESSIONAL RECORD — SENATE S9735 credit is determined by multiplying the ap- Alternatively, a taxpayer may elect to re- greater of (1) 90 percent of the average area plicable rehabilitation percentage by the ceive a historic rehabilitation mortgage purchase price; or (2) 3.5 times the applicable basis of the property that is attributable to credit certificate in lieu of the credit other- median family income. The applicable me- qualified rehabilitation expenditures. The wise allowable. A historic rehabilitation dian family income is defined as under the applicable rehabilitation percentage is 20 mortgage credit certificate may be trans- present-law QMB income restriction. percent for certified historic structures and ferred to a lending institution in exchange EFFECTIVE DATE 10 percent for qualified rehabilitated build- for which the lending institution provides The provision is effective for bonds issued ings (other than certified historic structures) the taxpayer with a reduction in interest after the date of enactment. that were originally placed in service before rate on a mortgage on a qualifying struc- 2. Mortgage Financing for Residences Lo- 1936. ture. The lending institution would then cated in Presidentially Declared Disaster A nonresidential building is eligible for the claim the allowable credits against its tax li- Areas (Sec. 232 of the Bill and Sec. 143 of 10-percent credit only if the building is sub- ability. In the case of a targeted area or en- the Code) stantially rehabilitated and a specific por- terprise community or empowerment zone, tion of the existing structure of the building the taxpayer may elect to allocate all or a PRESENT LAW is retained in place upon completion of the portion of the mortgage credit certificate to Qualified mortgage bonds are private ac- rehabilitation. A residential or nonresiden- reduce the down payment required for pur- tivity tax-exempt bonds issued by States and tial building is eligible for the 20-percent chase of the structure. local governments acting as conduits to pro- credit that applies to certified historic struc- If a taxpayer ceases to maintain the struc- vide mortgage loans to first-time home buy- tures only if the building is substantially re- ture as his or her personal residence within ers who satisfy specified income limits and habilitated (as determined under the eligi- five years from the date of the rehabilita- who purchase homes that cost less than stat- bility rules for the 10-percent credit). In ad- tion, the credit would be recaptured on a pro utory maximums. The income and purchase dition, the building must be listed in the Na- rata basis. price limits are increased for homes pur- tional Register or the building must be lo- chased in economically distressed areas, and EFFECTIVE DATE a portion of loans made in such areas is ex- cated in a registered historic district and The provision is effective for expenditures must be certified by the Secretary of the In- empt from some requirements. paid or incurred beginning after December Present law waives the three buyer tar- terior as being of historical significance to 31, 2001. geting requirements (the first-time home- the district. C. EXCLUSION FROM GROSS INCOME FOR CER- buyer, purchase price, and income limit re- EXPLANATION OF PROVISION TAIN FORGIVEN MORTGAGE OBLIGATIONS quirements) for a portion of the loans made The bill permits a taxpayer to claim a 20- (SEC. 221 OF THE BILL AND SEC. 108 OF THE with proceeds of a qualified mortgage bond percent credit for qualified rehabilitation ex- CODE) issue if the loans are made to finance homes penditures made with respect to a qualified in statutorily prescribed economically dis- PRESENT LAW historic home which the taxpayer subse- tressed areas. quently occupies as his or her principal resi- Gross income includes all income from For bonds issued during 1997 and 1998, a dence for at least five years. The total credit whatever source derived, including income special exception exempted loans made in which can be claimed by the taxpayer is lim- from the discharge of indebtedness. However, Presidentially declared disaster areas within ited to $20,000. Any eligible credit not gross income does not include discharge of two years of the declaration from the first- claimed by the taxpayer in the year in which indebtedness income if: (1) the discharge oc- time homebuyer limit. In addition, the more the qualified rehabilitation expenditures are curs in a Title 11 case; (2) the discharge oc- liberal income and purchase price rules ap- made may be carried forward to each of the curs when the taxpayer is insolvent; (3) the plicable to economically distressed areas ap- succeeding 10 years. indebtedness discharged is qualified farm in- plied to such loans. There was no require- The bill applies to (1) structures listed in debtedness; or (4) except in the case of a C ment that the specially treated loans be the National Register; (2) structures located corporation, the indebtedness discharged is made to repair or replace housing damaged in a registered national, State, or local his- qualified real property business indebted- or destroyed by the disaster. toric district, and certified by the Secretary ness. No exclusion is provided under present EXPLANATION OF PROVISION law for qualified residential indebtedness. of the Interior as being of historic signifi- The bill reinstates, with modifications, the cance to the district, but only if the median EXPLANATION OF PROVISION prior-law exception for certain qualified income of the census tract within which the In the case of an individual taxpayer, the mortgage bond financed loans in Presi- building is located is less than twice the bill provides an exclusion from discharge of dentially declared disaster areas. First, the State median income; (3) any structure des- indebtedness income to the extent such in- bill: (1) allows loans for replacement housing ignated as being of historic significance come is attributable to the sale of real prop- for housing destroyed in the disaster without under a State or local statute, if such stat- erty securing qualified residential indebted- regard to the first-time homebuyer require- ute is certified by the Secretary of the Inte- ness. Qualified residential indebtedness is de- ment; and (2) increases the borrower income rior as achieving the purpose of preserving fined as indebtedness incurred or assumed by and house purchase price requirements to and rehabilitating buildings of historic sig- the taxpayer for the acquisition, construc- those that apply in targeted areas of eco- nificance. tion, reconstruction, or substantial improve- nomic distress. Second, the bill increases the A building generally is considered substan- ment of the taxpayer’s residence and which per-borrower ‘‘home improvement loan’’ tially rehabilitated if the qualified rehabili- is secured by such residence. The taxpayer maximum from $15,000 to $100,000 and ex- tation expenditures incurred during a 24- may elect to have this exclusion apply. The tends the more liberal borrower income lim- month measuring period exceed the greater exclusion does not apply to qualified farm its for targeted areas to loans for repair of of (1) the adjusted basis of the building as of indebtedness or qualified real property busi- housing damaged by the disaster. In both the later of the first day of the 24-month pe- ness indebtedness. cases, the exception applies only to loans riod or the beginning of the taxpayer’s hold- EFFECTIVE DATE made during the two-year period after the ing period for the building, or (2) $5,000. Only area was declared a qualified disaster area. A The provision is effective for discharges of the $5,000 expenditure requirement applies in qualified disaster area is defined as an area indebtedness after the date of enactment. the case of structures (1) in empowerment determined by the President (1) to warrant zones, (2) in enterprise communities, (3) in D. MORTGAGE REVENUE BONDS assistance under the Robert T. Stafford Dis- census tracts in which 70 percent of families 1. Increase in Purchase Price Limitation aster Relief and Emergency Assistance Act have income which is 80 percent or less of Under Mortgage Subsidy Bond Rules Based and (2) with respect to which the Federal the State median family income, and (4) in on Median Family Income (Sec. 231 of the share of disaster payments exceeds 75 per- areas of chronic distress as designated by the Bill and Sec. 143 of the Code) cent. State and approved by the Secretary of PRESENT LAW EFFECTIVE DATE Housing and Urban Development. In addi- Qualified mortgage bonds (QMBs) are tax- The provision is effective for bonds issued tion, for all structures, at least five percent exempt bonds, the proceeds of which gen- after December 31, 2000. of the rehabilitation expenditures must to be erally must be used to make mortgage loans E. PROVIDE TAX EXEMPTION FOR ORGANIZA- allocable to the exterior of the structure. to first-time homebuyers. The recipients of TIONS CREATED BY A STATE TO PROVIDE To qualify for the credit, the rehabilitation QMB-financed loans must meet purchase PROPERTY AND CASUALTY INSURANCE COV- must be certified by a State or local govern- price, income, and other restrictions. Gen- ERAGE FOR PROPERTY FOR WHICH SUCH COV- ment subject to conditions specified by the erally, the purchase price of an assisted ERAGE IS OTHERWISE UNAVAILABLE (SEC. 241 Secretary of the Interior. home may not exceed 90 percent (110 percent OF THE BILL AND NEW SEC. 501(C)(28) OF THE A taxpayer who purchases a structure on in targeted areas) of the average area pur- CODE) which qualified rehabilitation expenditures chase price. have been made may claim credit for such PRESENT LAW expenditures if the taxpayer is the first pur- EXPLANATION OF PROVISION In general chaser of the structure within five years of The bill modifies the purchase price rule A life insurance company is subject to tax the date the rehabilitation was completed for QMB financing. Specifically, QMB financ- on its life insurance company taxable in- and if no credit was allowed to the seller ing is allowable to qualified residences the come, which is its life insurance income re- with respect to the qualified expenditures. purchase price of which does not exceed the duced by life insurance deductions (sec. 801). S9736 CONGRESSIONAL RECORD — SENATE October 3, 2000 Similarly, a property and casualty insurance exclusively to reimburse its members for written by the association, purchase reinsur- company is subject to tax on its taxable in- workers’ compensation insurance losses, and ance covering losses under such policies, or come, which is determined as the sum of its that satisfies certain other conditions. A to support governmental programs to pre- underwriting income and investment income State must require that the membership of pare for or mitigate the effects of natural (as well as gains and other income items) the organization consist of all persons who catastrophic events. The provision requires (sec. 831). Present law provides that the term issue insurance covering workers’ compensa- that the State law governing the association ‘‘corporation’’ includes an insurance com- tion losses in such State, and all persons and permit the association to levy assessments pany (sec. 7701(a)(3)). governmental entities who self-insure on insurance companies authorized to sell In general, the Internal Revenue Service against such losses. In addition, the organi- property and casualty insurance in the (‘‘IRS’’) takes the position that organiza- zation must operate as a nonprofit organiza- State, or on property and casualty insurance tions that provide insurance for their mem- tion by returning surplus income to mem- policyholders with insurable interests in bers or other individuals are not considered bers or to workers’ compensation policy- property located in the State to fund deficits to be engaged in a tax-exempt activity. The holders on a periodic basis and by reducing of the association, including the creation of IRS maintains that such insurance activity initial premiums in anticipation of invest- reserves. The provision requires that the is either (1) a regular business of a kind ordi- ment income. plan of operation of the association be sub- narily carried on for profit, or (2) an econ- State workmen’s compensation act companies ject to approval by the chief executive offi- omy or convenience in the conduct of mem- Section 501(c)(27)(B) provides tax-exempt cer or other official of the State, by the bers’ businesses because it relieves the mem- status for any organization that is created State legislature, or both. In addition, the bers from obtaining insurance on an indi- by State law, and organized and operated ex- provision requires that the assets of the as- vidual basis. clusively to provide workmen’s compensa- sociation revert upon dissolution to the Certain insurance risk pools have qualified tion insurance and related coverage that is State, the State’s designee, or an entity des- for tax exemption under Code section incidental to workmen’s compensation in- ignated by the State law governing the asso- 501(c)(6). In general, these organizations (1) surance, and that meets certain additional ciation, or that State law not permit the dis- assign any insurance policies and adminis- requirements. The workmen’s compensation solution of the association. trative functions to their member organiza- insurance must be required by State law, or The provision provides a special rule in the tions (although they may reimburse their be insurance with respect to which State law case of any entity or fund created before members for amounts paid and expenses); (2) provides significant disincentives if it is not January 1, 1999, pursuant to State law and serve an important common business inter- purchased by an employer (such as loss of ex- organized and operated exclusively to re- est of their members; and (3) must be mem- clusive remedy or forfeiture of affirmative ceive, hold, and invest remittances from an bership organizations financed, at least in defenses such as contributory negligence). association exempt from tax under the provi- part, by membership dues. The organization must provide workmen’s sion, to make disbursements to pay claims State insurance risk pools may also qual- compensation to any employer in the State on insurance contracts issued by the associa- ify for tax exempt status under section (for employees in the State or temporarily tion, and to make disbursements to support 501(c)(4) as a social welfare organization or assigned out-of-State) seeking such insur- governmental programs to prepare for or under section 115 as serving an essential gov- ance and meeting other reasonable require- mitigate the effects of natural catastrophic ernmental function of a State. In seeking ments. The State must either extend its full events. The special rule provides that the en- qualification under section 501(c)(4), insur- faith and credit to the initial debt of the or- tity or fund may elect to be disregarded as a ance organizations generally are constrained ganization or provide the initial operating separate entity and be treated as part of the by the restrictions on the provision of ‘‘com- capital of such organization. For this pur- association exempt from tax under the provi- mercial-type insurance’’ contained in section pose, the initial operating capital can be pro- sion, from which it receives such remit- 501(m). Section 115 generally provides that vided by providing the proceeds of bonds tances. The election is required to be made gross income does not include income de- issued by a State authority; the bonds may no later than 30 days following the date on rived from the exercise of any essential gov- be repaid through exercise of the State’s tax- which the association is determined to be ex- ernmental function or accruing to a State or ing authority, for example. For periods after empt from tax under the provision, and any political subdivision thereof. the date of enactment, either the assets of would be effective as of the effective date of Certain specific provisions provide tax-ex- the organization must revert to the State that determination. empt status to organizations meeting statu- upon dissolution, or State law must not per- An organization described in the provision tory requirements. mit the dissolution of the organization ab- is treated as having unrelated business tax- Health coverage for high-risk individuals sent an act of the State legislature. Should able income in the amount of its taxable in- Section 501(c)(26) provides tax-exempt sta- dissolution of the organization become per- come (computed as if the organization were tus to any membership organization that is missible under applicable State law, then the not exempt from tax under the proposal), if established by a State exclusively to provide requirement that the assets of the organiza- at the end of the immediately preceding tax- coverage for medical care on a nonprofit tion revert to the State upon dissolution ap- able year, the organization’s net equity ex- basis to certain high-risk individuals, pro- plies. Finally, the majority of the board of ceeded 15 percent of the total coverage in vided certain criteria are satisfied. The orga- directors (or comparable oversight body) of force under insurance contracts issued by nization may provide coverage for medical the organization must be appointed by an of- the organization and outstanding at the end care either by issuing insurance itself or by ficial of the executive branch of the State or of that preceding year. entering into an arrangement with a health by the State legislature, or by both. Under the provision, no income or gain is maintenance organization (‘‘HMO’’). EXPLANATION OF PROVISION recognized solely as a result of the change in status to that of an association exempt from High-risk individuals eligible to receive The provision provides tax-exempt status tax under the provision. medical care coverage from the organization for any association created before January 1, must be residents of the State who, due to a 1999, by State law and organized and oper- EFFECTIVE DATE pre-existing medical condition, are unable to ated exclusively to provide property and cas- The provision is effective for taxable years obtain health coverage for such condition ualty insurance coverage for property lo- beginning after December 31, 2000. No infer- through insurance or an HMO, or are able to cated within the State for which the State ence is intended as to the tax status under acquire such coverage only at a rate that is has determined that coverage in the author- present law of associations described in the substantially higher than the rate charged ized insurance market is limited or unavail- provision. for such coverage by the organization. The able at reasonable rates, provided certain re- State must determine the composition of III. TAX INCENTIVES FOR URBAN AND quirements are met. RURAL INFRASTRUCTURE membership in the organization. For exam- Under the provision, no part of the net A. INCREASE STATE VOLUME LIMITS ON TAX- ple, a State could mandate that all organiza- earnings of the association may inure to the EXEMPT PRIVATE ACTIVITY BONDS (SEC. 301 tions that are subject to insurance regula- benefit of any private shareholder or indi- OF THE BILL AND SEC. 146 OF THE CODE) tion by the State must be members of the or- vidual. Except as provided in the case of dis- ganization. solution, no part of the assets of the associa- PRESENT LAW The provision further requires the State or tion may be used for, or diverted to, any pur- Interest on bonds issued by States and members of the organization to fund the li- pose other than: (1) to satisfy, in whole or in local governments is excluded from income if abilities of the organization to the extent part, the liability of the association for, or the proceeds of the bonds are used to finance that premiums charged to eligible individ- with respect to, claims made on policies activities conducted and paid for by the gov- uals are insufficient to cover such liabilities. written by the association; (2) to invest in ernmental units (sec. 103). Interest on bonds Finally, no part of the net earnings of the or- investments authorized by applicable law; (3) issued by these governmental units to fi- ganization can inure to the benefit of any to pay reasonable and necessary administra- nance activities carried out and paid for by private shareholder or individual. tion expenses in connection with the estab- private persons (‘‘private activity bonds’’) is Workers’ compensation reinsurance organiza- lishment and operation of the association taxable unless the activities are specified in tions and the processing of claims against the as- the Internal Revenue Code. Private activity Section 501(c)(27)(A) provides tax-exempt sociation; or (4) to make remittances pursu- bonds on which interest may be tax-exempt status to any membership organization that ant to State law to be used by the State to include bonds for privately operated trans- is established by a State before June 1, 1996, provide for the payment of claims on policies portation facilities (airports, docks and October 3, 2000 CONGRESSIONAL RECORD — SENATE S9737 wharves, mass transit, and high speed rail fa- EXPLANATION OF PROVISION which the subscriber is located. In the case cilities), privately owned and/or provided The bill extends the expiration date for eli- of a commercial mobile service carrier, municipal services (water, sewer, solid waste gible expenditures to include those paid or qualifying equipment is only that equipment disposal, and certain electric and heating fa- incurred before January 1, 2004. that extends from the customer side of a mo- cilities), economic development (small man- In addition, the bill eliminates the tar- bile telephone switching office to a trans- ufacturing facilities and redevelopment in geted area requirement, thereby, expanding mission/reception antenna (including the an- economically depressed areas), and certain eligible sites to include any site containing tenna) of the subscriber. In the case of a social programs (low-income rental housing, (or potentially containing) a hazardous sub- cable operator or open video system oper- qualified mortgage bonds, student loan stance that is certified by the appropriate ator, qualifying equipment is only that bonds, and exempt activities of charitable State environmental agency. However, ex- equipment that extends from the customer organizations described in sec. 501(c)(3)). penditures undertaken at sites that are iden- side of the headend to the outside of the The volume of tax-exempt private activity tified on the national priorities list under building in which the subscriber is located. bonds that States and local governments the Comprehensive Environmental Response, In the case of a satellite carrier or other may issue for most of these purposes in each Compensation, and Liability Act of 1980 wireless carrier (other than a telecommuni- calendar year is limited by State-wide vol- would continue to not qualify as eligible ex- cations carrier), qualifying equipment is ume limits. The current annual volume lim- penditures. only that equipment that extends from a its are $50 per resident of the State or $150 EFFECTIVE DATE transmission/reception antenna (including million if greater. The volume limits do not the antenna) to a transmission/reception an- The provision to extend the expiration apply to private activity bonds to finance tenna on the outside of the building used by date is effective upon the date of enactment. airports, docks and wharves, certain govern- the subscriber. In addition, any packet The provision to expand the class of eligible mentally owned, but privately operated solid switching equipment deployed in connection sites is effective for expenditures paid or in- waste disposal facilities, certain high speed with other qualifying equipment is quali- curred after the date of enactment. rail facilities, and to certain types of private fying equipment, regardless of location, pro- activity tax-exempt bonds that are subject C. BROADBAND INTERNET ACCESS TAX CREDIT vided that it is the last such equipment in a to other limits on their volume (qualified (SEC. 303 OF THE BILL AND NEW SEC. 48A OF series as part of transmission of a signal to veterans’ mortgage bonds and certain ‘‘new’’ THE CODE) a subscriber or the first in a series in the empowerment zone and enterprise commu- PRESENT LAW transmission of a signal from a subscriber. nity bonds). Present law does not provide a credit for A rural area is any census tract which is The current annual volume limits that investments in telecommunications infra- not within 10 miles of any incorporated or apply to private activity tax-exempt bonds structure. census designated place with a population of increase to $75 per resident of each State or EXPLANATION OF PROVISION more than 25,000 and which is not within a $225 million, if greater, beginning in calendar The bill provides a 10 percent credit of the county with a population density of more year 2007. The increase is, ratably phased in, qualified expenditures incurred by the tax- than 500 people per square mile. An under- beginning with $55 per capita or $165 million, payer with respect to qualified equipment served area is any census tract which is lo- if greater, in calendar year 2003. with which the taxpayer offers ‘‘current gen- cated in an empowerment zone, enterprise EXPLANATION OF PROVISION eration’’ broadband services to subscribers in community, renewal zone, or any census The bill increases the present-law annual rural and underserved areas. In the addition, tract in which the poverty level is greater State private activity bond volume limits to the bill provides a 20 percent credit of the than or equal to 30 percent and in which the $75 per resident of each State or $225 million qualified expenditures incurred by the tax- median family income is less than 70 percent (if greater) beginning in calendar year 2001. payer with respect to qualified equipment of the greater of metropolitan area median In addition, the $75 per resident and the $225 with which the taxpayer offers ‘‘next genera- family income or statewide median family million State limit will be indexed for infla- tion’’ broadband services to subscribers in income. A residential subscriber is any indi- tion beginning in calendar year 2002. rural areas, underserved areas, and to resi- vidual who purchases broadband service to be delivered to his or her dwelling. EFFECTIVE DATE dential subscribers. Current generation EFFECTIVE DATE The provisions are effective for calendar broadband services is defined as the trans- years after December 31, 2000. mission of signals at a rate of at least 1.5 The provision is effective for expenditures million bits per second to the subscriber and incurred after December 31, 2000. B. EXTENSION AND MODIFICATION TO EXPENS- at a rate of at least 200,000 bits per second D. TAX-CREDIT BONDS FOR THE NATIONAL ING OF ENVIRONMENTAL REMEDIATION COSTS from the subscriber. Next generation RAILROAD PASSENGER CORPORATION (‘‘AM- (SEC. 302 OF THE BILL AND SEC. 198 OF THE broadband services is defined as the trans- TRAK’’) AND THE ALASKA RAILROAD (SEC. 304 CODE) mission of signals at a rate of at least 22 mil- OF THE BILL AND NEW SEC. 54 OF THE CODE) PRESENT LAW lion bits per second to the subscriber and at PRESENT LAW Taxpayers can elect to treat certain envi- a rate of at least 10 million bits per second Present law does not authorize the ronmental remediation expenditures that from the subscriber. issuance by any private, for-profit corpora- would otherwise be chargeable to capital ac- Qualified expenditures are those amounts tion of bonds the interest on which is tax-ex- count as deductible in the year paid or in- otherwise chargeable to the capital account empt or eligible for an income tax credit. curred (sec. 198). The deduction applies for with respect to the purchase and installation Tax-exempt bonds may be issued by States both regular and alternative minimum tax of qualified equipment for which deprecia- or local governments to finance their gov- purposes. The expenditure must be incurred tion is allowable under section 168. In the ernmental activities or to finance certain in connection with the abatement or control case of current generation broadband serv- capital expenditures of private businesses or of hazardous substances at a qualified con- ices, qualified expenditures are those that loans to individuals. Additionally, States or taminated site. are incurred by the taxpayer after December local governments may issue tax-credit A ‘‘qualified contaminated site’’ generally 31, 2000, and before January 1, 2004. In the bonds to finance the operation of ‘‘qualified is any property that (1) is held for use in a case of next generation broadband services, zone academies.’’ trade or business, for the production of in- qualified expenditures are those that are in- come, or as inventory; (2) is certified by the curred by the taxpayer after December 31, Tax-exempt bonds appropriate State environmental agency to 2001, and before January 1, 2005. The expendi- Interest on bonds issued by States or local be located within a targeted area; and (3) tures are taken into account for purposes of governments to finance direct activities of contains (or potentially contains) a haz- claiming the credit in the first taxable year those governmental units is excluded from ardous substance (so-called ‘‘brownfields’’). in which the taxpayer provides broadband tax (sec. 103). In addition, interest on certain Targeted areas are defined as: (1) empower- service to at least 10 percent of the potential bonds (‘‘private activity bonds’’) issued by ment zones and enterprise communities as subscribers. In the case of a taxpayer who in- States or local governments acting as con- designated under present law; (2) sites an- curs expenditures for equipment capable of duits to provide financing for private busi- nounced before February 1997, as being sub- serving both subscribers in qualifying areas nesses or individuals is excluded from in- ject to one of the 76 Environmental Protec- and other areas, qualifying expenditures are come if the purpose of the borrowing is spe- tion Agency (‘‘EPA’’) Brownfields Pilots; (3) determined by multiplying otherwise quali- cifically approved in the Code (sec. 141). Ex- any population census tract with a poverty fying expenditures by the ratio of the num- amples of approved private activities for rate of 20 percent or more; and (4) certain in- ber of potential qualifying subscribers to all which States or local governments may pro- dustrial and commercial areas that are adja- potential subscribers the qualifying equip- vide tax-exempt financing include transpor- cent to tracts described in (3) above. How- ment would be capable of serving. tation facilities (airports, ports, mass com- ever, sites that are identified on the national Qualifying equipment must be capable of muting facilities, and certain high speed priorities list under the Comprehensive En- providing broadband services at any time to intercity rail facilities); public works facili- vironmental Response, Compensation, and each subscriber who is utilizing such serv- ties such as water, sewer, and solid waste Liability Act of 1980 cannot qualify as tar- ices. In the case of a telecommunications disposal; and certain social welfare programs geted areas. carrier, qualifying equipment is only that such as low-income rental housing, student Eligible expenditures are those paid or in- equipment that extends from the last point loans, and mortgage loans to certain first- curred before January 1, 2002. of switching to the outside of the building in time homebuyers. High speed intercity rail S9738 CONGRESSIONAL RECORD — SENATE October 3, 2000 facilities eligible for tax-exempt financing tax-credit bonds will be set to allow issuance is not included in the taxpayer’s rate base include land, rail, and stations (but not roll- of the bonds at par, i.e., without any interest for rate-making purposes. If the contribution ing stock) for fixed guideway rail transpor- cost to Amtrak or the Alaska Railroad. In is in property other than water or sewerage tation of passengers and their baggage using general, proceeds of Amtrak/Alaska Railroad disposal facilities, the amount is generally vehicles that are reasonably expected to op- tax-credit bonds would have to be spent excludible from gross income only if the erate at speeds in excess of 150 miles per within 36 months after the bonds are issued. amount is expended to acquire or construct hour between scheduled stops. As of the date the bonds were issued, Amtrak water or sewerage disposal facilities within a Issuance of most private activity bonds is or the Alaska Railroad must certify that it specified time period. subject to annual State volume limits of $50 reasonably expects— EXPLANATION OF PROVISION per resident ($150 million if greater). These (1) to incur a binding obligation with a The provision specifically defines contribu- volume limits are scheduled to increase to third party to spend at least 10 percent of the $75 per resident ($225 million if greater) over tion in aid of construction to include cus- bond proceeds within six months (or in the tomer connection fees (including amounts the period 2003 through 2007. case of self-constructed property, to have Investment earnings on all tax-exempt paid to connect the customer’s line to or ex- commenced construction within six months); tend a main water or sewer line). Thus, the bonds, including earnings on invested sink- (2) to spend the bond proceeds with due ing funds associated with such bonds is re- provision permits customer connection fees diligence; and received by a regulated public utility that stricted by the Code to prevent the issuance (3) to spend at least 95 percent of the pro- of bonds earlier or in a greater amount than provides water or sewerage disposal services ceeds for qualifying capital costs within to be treated as nontaxable contributions to necessary for the purpose of the borrowing. three years. In general, all profits on investment of such capital (excludible from gross income). Amtrak/Alaska Railroad tax credit bonds Amounts paid as a service charge for start- proceeds must be rebated to the Federal Gov- may only be issued for projects that are ap- ernment. Interest on bonds associated with ing or stopping services to a customer con- proved by the Department of Transportation invested sinking funds is taxable. tinue to be includible in gross income of a and with respect to which the issuing rail- taxpayer. Tax-credit bonds for qualified zone academies road has binding commitments from one or As an alternative to traditional tax-ex- more States to make matching contributions EFFECTIVE DATE empt bonds, certain States or local govern- of at least 20 percent of the project cost. The provision is effective for amounts re- ments are given authority to issue ‘‘qualified Projects having State matching contribu- ceived after the date of enactment. zone academy bonds.’’ A total of $400 million tions in excess of 20 percent are given a pref- F. TREATMENT OF LEASEHOLD IMPROVEMENTS of qualified zone academy bonds is author- erence. The State matching contributions, (SEC. 306 OF THE BILL AND SEC. 168 OF THE ized to be issued in each year of 1998 through along with earnings on investment of the CODE) 2001. The $400 million is allocated to States tax-credit bond proceeds must be invested in PRESENT LAW according to their respective populations of a trust account (i.e., an sinking fund) and Depreciation of leasehold improvements individuals below the poverty line. used along with earnings on the trust ac- Depreciation allowances for property used Qualified zone academy bonds are taxable count for repayment of the principal amount in a trade or business generally are deter- bonds with respect to which the investor re- of the bonds. mined under the modified Accelerated Cost ceives an income tax credit equal to an as- Amtrak/Alaska Railroad tax-credit bonds Recovery System (‘‘MACRS’’) of section 168. sumed interest rate set by the Treasury De- can be owned (and income tax credits Depreciation allowances for improvements partment to allow issuance of the bonds claimed) by any taxpayer. The amount of the made on leased property are determined without discount and without interest cost credit will be included in the bondholder’s under MACRS, even if the MACRS recovery to the issuer. The bonds may be used for ren- income. Additionally, provisions are in- ovating, providing equipment to, developing period assigned to the property is longer cluded in the proposal to allow the credits to course materials for, or training teachers in than the term of the lease (sec. 168(i)(8)). be stripped and sold to different investors eligible schools. Eligible schools are elemen- This rule applies regardless whether the les- than the investors in the bond principal. tary and secondary schools with respect to sor or lessee places the leasehold improve- The required State matching contribution which private entities make contributions ments in service. If a leasehold improvement may not be derived from Federal monies. equaling at least 10 percent of the bond pro- constitutes an addition or improvement to Any Federal Highway Trust Fund monies ceeds. nonresidential real property already placed transferred to the States are treated as Fed- Only financial institutions are eligible to in service, the improvement is depreciated eral monies for this purpose. During the pe- claim the credits on qualified zone academy using the straight-line method over a 39-year riod when tax-credit bonds are authorized, bonds. The amount of the credit is taken recovery period, beginning in the month the Amtrak is not allowed to receive any High- into income. The credit may be claimed addition or improvement was placed in serv- way Trust Fund monies other than those au- against both regular income tax and AMT li- ice (secs. 168(b)(3), (c)(1), (d)(2), and (i)(6)). thorized on the date of the provision’s enact- ability. Treatment of dispositions of leasehold improve- There are no arbitrage restrictions applica- ment. ments ble to investment earnings on qualified zone Amtrak is required annually to submit a academy bond proceeds. five-year capital plan to Congress, and to A lessor of leased property that disposes of a leasehold improvement which was made by EXPLANATION OF PROVISION satisfy independent oversight requirements with respect to the management of tax-cred- the lessor for the lessee of the property may The provision authorizes the National it-bond-financed projects. Finally, the Treas- take the adjusted basis of the improvement Railroad Passenger Corporation (‘‘Amtrak’’) ury Department is required to certify annu- into account for purposes of determining and the Alaska Railroad to issue an aggre- ally that funds deposited in the escrow ac- gain or loss if the improvement is irrev- gate amount of $10 billion of tax-credit bonds counts for repayment of tax-credit bonds ocably disposed of or abandoned by the lessor to finance its capital projects. Annual (with actual and projected earnings thereon) at the termination of the lease. This rule issuance of the bonds may not exceed $1 bil- are sufficient to ensure full repayment of the conforms the treatment of lessors and les- lion per year (plus any authorized amount bond principal. sees with respect to leasehold improvements that was not issued in previous years) during disposed of at the end of a term of lease. For the ten Fiscal Year period, 2001–2010. Unused EFFECTIVE DATE purposes of applying this rule, it is expected bond authority could be carried forward to The provision is effective for tax credit that a lessor must be able to separately ac- succeeding years until used, subject to a lim- bonds issued by Amtrak or the Alaska Rail- count for the adjusted basis of the leasehold itation that no tax-credit bonds could be road after September 30, 2000. improvement that is irrevocably disposed of issued after fiscal year 2015. E. CLARIFICATION OF CONTRIBUTION IN AID OF or abandoned. This rule does not apply to the Projects eligible for tax-credit bond financ- CONSTRUCTION (SEC. 305 OF THE BILL AND extent section 280B applies to the demolition ing are defined as the acquisition, construc- SEC. 118 OF THE CODE) of a structure, a portion of which may in- tion of equipment, rolling stock, and other clude leasehold improvements. capital improvements for (1) the northeast PRESENT LAW rail corridor between Washington, D.C. and Section 118(a) provides that gross income EXPLANATION OF PROVISION Boston, Massachusetts; (2) high-speed rail of a corporation does not include a contribu- The provision provides that 15-year prop- corridors designated under section 104(d)(2) tion to its capital. In general, section 118(b) erty for purposes of the depreciation rules of of Title 23 of the United States Code; and (3) provides that a contribution to the capital of section 168 includes qualified leasehold im- non-designated high-speed rail corridors, in- a corporation does not include any contribu- provement property. The straight line meth- cluding station rehabilitation, track or sig- tion in aid of construction or any other con- od is required to be used with respect to nal improvements, or grade crossing elimi- tribution by a customer or potential cus- qualified leasehold improvement property. nation. The last purpose is limited to a max- tomer. However, for any amount of money or Qualified leasehold improvement property imum of 10 percent of the proceeds of any property received by a regulated public util- is any improvement to an interior portion of bond issue. At least 70 percent of the tax- ity that provides water or sewerage disposal a building that is nonresidential real prop- credit bonds must be issued for projects de- services such amount shall be considered a erty, provided certain requirements are met. scribed in (2) and (3). contribution to capital (excludible from The improvement must be made under or As with qualified zone academy bonds, the gross income) so long as such amount: (1) is pursuant to a lease either by the lessee (or interest rate on Amtrak/Alaska Railroad a contribution in aid of construction, and (2) sublessee) of that portion of the building, or October 3, 2000 CONGRESSIONAL RECORD — SENATE S9739

by the lessor of that portion of the building. B. EXCLUSION OF RENTAL INCOME FROM SECA bonds on which interest may be tax-exempt That portion of the building is to be occupied TAX (SEC. 402 OF THE BILL AND SEC. 1402 OF include bonds issued to finance loans to first- exclusively by the lessee (or any sublessee). THE CODE) time farmers for the acquisition of land and The original use of the qualified leasehold PRESENT LAW certain equipment (‘‘aggie bonds’’). improvement property must begin with the Generally, SECA taxes are imposed on an The volume of tax-exempt private activity lessee, and must begin after December 31, individual’s net earnings from self employ- bonds that States and local governments 2006. The improvement must be placed in may issue in each calendar year (including service more than three years after the date ment. Net earnings from self-employment generally means gross income (including the aggie bonds) is limited by State-wide volume the building was first placed in service. limits. The current annual volume limits are Qualified leasehold improvement property individual’s net distributive share of part- nership income) derived by an individual the greater of: (1) $50 per resident of the does not include any improvement for which State; or (2) $150 million. The volume limits the expenditure is attributable to the en- from any trade or business carried on by the do not apply to private activity bonds to fi- largement of the building, any elevator or individual less applicable deductions. One ex- nance airports, docks and wharves, certain escalator, any structural component benefit- clusion from net earnings from self employ- governmentally owned, but privately oper- ting a common area, or the internal struc- ment involves certain real estate rentals. ated solid waste disposal facilities, certain tural framework of the building. Under this rule, net earnings from self em- No special rule is specified for the class life ployment do not include income from the high speed rail facilities, and to certain of qualified leasehold improvement property. rental of real estate and from personal prop- types of private activity tax-exempt bonds Therefore, the general rule that the class life erty leased with the real estate unless the that are subject to other limits on their vol- for nonresidential real and residential rental rental income is received under an arrange- ume (qualified veterans’ mortgage bonds and property is 40 years applies. ment between an owner or tenant of land and certain ‘‘new’’ empowerment zone and enter- For purposes of the provision, a commit- another individual that provides: (1) such prise community bonds). ment to enter into a lease is treated as a other individual shall produce agricultural EXPLANATION OF PROVISION lease, and the parties to the commitment are or horticultural commodities on such land; treated as lessor and lessee, provided the The bill exempts ‘‘aggie bonds’’ from the and (2) there shall be material participation State volume limits. lease is in effect at the time the qualified by the owner or tenant with respect to any leasehold improvement property is placed in such agricultural or horticultural commod- EFFECTIVE DATE service. A lease between related persons is ities. Other rules apply to rental payments The provision applies to bonds issued after not considered a lease for this purpose. received by an individual in the course of the December 31, 2000. EFFECTIVE DATE individual’s trade or business as a real estate E. MODIFICATIONS TO SECTION 512(b)(13) (SEC. The provision is effective for qualified dealer. 405 OF THE BILL AND SEC. 512 OF THE CODE) leasehold improvement property placed in EXPLANATION OF PROVISION service after December 31, 2006. PRESENT LAW The bill provides that net earnings from IV. TAX RELIEF FOR FARMERS self employment do not include income from In general, interest, rents, royalties and A. FARM, FISH, AND RANCH RISK MANAGEMENT the rental of real estate under a lease agree- annuities are excluded from the unrelated ACCOUNTS (‘‘FFARRM ACCOUNTS’’) (SEC. 401 ment (rather than an arrangement) between business income (‘‘UBI’’) of tax-exempt orga- OF THE BILL AND NEW SEC. 468C OF THE an owner or tenant of land and another indi- nizations. However, section 512(b)(13) treats CODE) vidual which provides that: (1) such other in- otherwise excluded rent, royalty, annuity, PRESENT LAW dividual shall produce agricultural or horti- and interest income as UBI if such income is received from a taxable or tax-exempt sub- There is no provision in present law allow- cultural commodities on such land; and (2) ing the elective deferral of farm or fishing there shall be material participation by the sidiary that is 50 percent controlled by the income. owner or tenant in the production or man- parent tax-exempt organization. In the case of a stock subsidiary, ‘‘control’’ means own- EXPLANATION OF PROVISION agement of the production of such agricul- tural or horticultural commodities. ership by vote or value of more than 50 per- The bill allows taxpayers engaged in an eli- cent of the stock. In the case of a partner- gible business to establish FFARRM ac- EFFECTIVE DATE ship or other entity, control means owner- counts. An eligible business is any trade or The provision is effective for taxable years ship of more than 50 percent of the profits, business of farming in which the taxpayer beginning after December 31, 2000. capital or beneficial interests. In addition, actively participates, including the oper- C. EXCLUSION OF CONSERVATION RESERVE present law applies the constructive owner- ation of a nursery or sod farm or the raising PROGRAM PAYMENTS FROM SECA TAX (SEC. ship rules of section 318 for purposes of sec- or harvesting of crop-bearing or ornamental 403 OF THE BILL AND SEC. 1402 OF THE CODE) tion 512(b)(13). Thus, a parent exempt organi- trees. An eligible business also is the trade zation is deemed to control any subsidiary in or business of commercial fishing as that PRESENT LAW which it holds more than 50 percent of the term is defined under section (3) of the Mag- Generally, SECA tax is imposed on an indi- voting power or value, directly (as in the nuson-Stevens Fishery Conservation and vidual’s self-employment income within the Management Act (16 U.S.C. 1802) and in- Social Security wage base. Net earnings case of a first-tier subsidiary) or indirectly cludes the trade or business of catching, tak- from self-employment generally means gross (as in the case of a second-tier subsidiary). ing or harvesting fish that are intended to income (including the individual’s net dis- Under present law, interest, rent, annuity, enter commerce through sale, barter or tributive share of partnership income) de- or royalty payments made by a controlled trade. rived by an individual from any trade or entity to a tax-exempt organization are in- Contributions to a FFARRM account are business carried on by the individual less ap- cludible in the latter organization’s UBI and deductible and are limited to 20 percent of plicable deductions. A recent court decision are subject to the unrelated business income the taxable income that is attributable to found that payments made under the con- tax to the extent the payment reduces the the eligible business. The deduction is taken servation reserve program are includible in net unrelated income (or increases any net into account in determining adjusted gross an individual’s self-employment income for unrelated loss) of the controlled entity. income and reduces the income attributable purposes of SECA tax. The Taxpayer Relief Act of 1997 (the ‘‘1997 to the eligible business for all income tax Act’’) made several modifications, as de- EXPLANATION OF PROVISION purposes other than the determination of the scribed above, to the control requirement of 20 percent of eligible income limitation on The bill provides that net earnings from section 512(b)(13). In order to provide transi- contributions to a FFARRM account. Con- self-employment do not include conservation tional relief, the changes made by the 1997 tributions to a FFARRM account do not re- reserve program payments for SECA. Act do not apply to any payment received or duce earnings from self-employment. Ac- EFFECTIVE DATE accrued during the first two taxable years cordingly, distributions are not included in The provision is effective for payments beginning on or after the date of enactment self-employment income. made after December 31, 2000. of the 1997 Act (August 5, 1997) if such pay- A FFARRM account is taxed as a grantor D. EXEMPTION OF AGRICULTURAL BONDS FROM ment is received or accrued pursuant to a trust and any earnings are required to be dis- binding written contract in effect on June 8, tributed currently. Thus, any income earned PRIVATE ACTIVITY BOND VOLUME CAP (SEC. 404 OF THE BILL AND SEC. 146 OF THE CODE) 1997, and at all times thereafter before such in the FFARRM account is taxed currently payment (but not pursuant to any contract to the farmer or fisherman who established PRESENT LAW provision that permits optional accelerated the account. Amounts can remain on deposit Interest on bonds issued by States and payments). in a FFARRM account for up to five years. local governments is excluded from income if Any amount that has not been distributed by the proceeds of the bonds are used to finance EXPLANATION OF PROVISION the close of the fourth year following the activities conducted and paid for by the gov- The bill provides that interest, rent, annu- year of deposit is deemed to be distributed ernmental units (sec. 103). Interest on bonds ity, or royalty payments made by a con- and includible in the gross income of the ac- issued by these governmental units to fi- trolled subsidiary to a tax-exempt parent is count owner. nance activities carried out and paid for by not Unrelated Business Income except to the EFFECTIVE DATE private persons (‘‘private activity bonds’’) is extent that such payments exceed arm’s The provision is effective for taxable years taxable unless the activities are specified in length values, as determined under sec. 482 beginning after December 31, 2000. the Internal Revenue Code. Private activity principles. S9740 CONGRESSIONAL RECORD — SENATE October 3, 2000

EFFECTIVE DATE taxable income from the trade or business of only remedies available to such an organiza- The provision generally is effective for farming. The averaging election is not co- tion are to file a petition in the U.S. Tax payments received or accrued after Decem- ordinated with the alternative minimum tax. Court for relief following the issuance of a ber 31, 2000. The binding written contract ex- Thus, some farmers may become subject to notice of deficiency or to pay tax and sue for ception contained in the 1997 Act will apply the alternative minimum tax solely as a re- a refund in a U.S. district court or the U.S. to any payment received or accrued under sult of the averaging election. Court of Federal Claims. such contract prior to January 1, 2001. EXPLANATION OF PROVISION In limited circumstances, declaratory judgment procedures are available, which F. CHARITABLE DEDUCTION FOR CONTRIBU- The bill extends to individuals engaged in generally permit a taxpayer to seek judicial TIONS OF FOOD INVENTORY (SEC. 406 OF THE the trade or business of fishing the election review of an IRS determination prior to the BILL AND SEC. 170 OF THE CODE) that is available to individual farmers to use issuance of a notice of deficiency and prior income averaging. PRESENT LAW to payment of tax. Examples of declaratory The bill also coordinates farmers and fish- The maximum charitable contribution de- judgment procedures which are available in- ermen income averaging with the alter- duction that may be claimed by a corpora- clude disputes involving the status of a tax- native minimum tax. Under the bill, a farm- tion for any one taxable year is limited to 10 exempt organization under section 501(c)(3), er will owe alternative minimum tax only to percent of the corporation’s taxable income the qualification of retirement plans, the the extent he or she will owe alternative for that year (disregarding charitable con- value of gifts, the status of certain govern- minimum tax had averaging not been elect- tributions and with certain other modifica- mental obligations, or eligibility of an estate ed. This result is achieved by excluding the tions) (sec. 170(b)(2)). Corporations also are to pay tax in installments under section 6166. impact of the election to average farm in- subject to certain limitations based on the In such cases, taxpayers may challenge ad- come from the calculation of both regular type of property contributed. In the case of verse determinations by commencing a de- tax and tentative minimum tax, solely for a charitable contribution of short-term gain claratory judgment action. For example, the purpose of determining alternative min- property, inventory, or other ordinary in- where the IRS denies an organization’s appli- imum tax. come property, the amount of the deduction cation for recognition of exemption under generally is limited to the taxpayer’s basis EFFECTIVE DATE section 501(c)(3) or fails to act on such appli- (generally, cost) in the property. However, The provision is effective for taxable years cation, or where the IRS informs a section special rules in the Code provide an aug- beginning after December 31, 2000. 501(c)(3) organization that it is considering mented deduction for certain corporate con- H. COOPERATIVE MARKETING TO INCLUDE revoking or adversely modifying its tax-ex- tributions. Under these special rules, the VALUE ADDED PROCESSING THROUGH ANI- empt status, present law authorizes the or- amount of the augmented deduction is equal MALS (SEC. 408 OF THE BILL AND SEC. 1388 OF ganization to seek a declaratory judgment to the lesser of (1) the basis of the donated THE CODE) regarding its tax exempt status. property plus one-half of the amount of ordi- Declaratory judgment procedures are not nary income that would have been realized if PRESENT LAW available under present law to a cooperative the property had been sold, or (2) twice the Under present law, taxable cooperatives in with respect to an IRS determination regard- basis of the donated property. To be eligible essence are treated as pass-through entities ing its status as a farmers’ cooperative under for the enhanced deduction, the taxpayer in that the cooperative is not subject to cor- section 521. porate income tax to the extent the coopera- must establish that the fair market value of EXPLANATION OF PROVISION tive timely pays patronage dividends. Tax- the donated item exceeds basis. The valu- The bill extends the declaratory judgment exempt cooperatives (sec. 521) are coopera- ation of food inventory has been the subject procedures to cooperatives. Such a case may tives of farmers, fruit growers, and like orga- of ongoing disputes between taxpayers and be commenced in the U.S. Tax Court, a U.S. nizations organized and operated on a coop- the IRS. district court, or the U.S. Court of Federal erative basis for the purpose of marketing The special treatment applies only to do- Claims, and such court has jurisdiction to the products of members or other producers nations made by C corporations. S corpora- determine a cooperative’s initial or con- and turning back the proceeds of sales, less tions, personal holding companies, and serv- tinuing qualification of a farmers’ coopera- necessary marketing expenses on the basis of ice organizations are not eligible donors. tive described in sec. 521. either the quantity or the value of products EXPLANATION OF PROVISION furnished by them. EFFECTIVE DATE The bill amends Code section 170 to expand The Internal Revenue Service takes the po- The provision is effective with respect to the augmented deduction such that any tax- sition that a cooperative is not marketing pleadings filed after the date of enactment, payer engaged in the trade or business of the products of members or other producers but only with respect to determinations (or farming is eligible to claim an enhanced de- where the cooperative adds value through requests for determinations) made after Jan- duction for donations of food inventory the use of animals (e.g., farmers sell corn to uary 1, 2000. under section 170(e)(3). cooperative which is feed to chickens which J. SMALL ETHANOL PRODUCER CREDIT (SEC. The value of the enhanced deduction can produce eggs). 410 OF THE BILL AND SEC. 40 OF THE CODE) be no greater than twice the taxpayer’s basis in the donated property. The bill provides EXPLANATION OF PROVISION PRESENT LAW that in the case of a cash method taxpayer, The bill provides that marketing products ‘‘Small ethanol producers’’ are allowed a the taxpayer’s basis in the donated food will of members or other producers includes feed- 10-cents-per-gallon production income tax equal half of the fair market value of the do- ing products of members or other producers credit on up to 15 million gallons of produc- nated food. to cattle, hogs, fish, chickens, or other ani- tion annually. This credit is in addition to The bill modifies and clarifies the deter- mals and selling the resulting animals or the 54-cents-per-gallon benefit available for mination of fair market value for the dona- animal products. ethanol generally. tion of food inventory. Under the bill, the EFFECTIVE DATE Under present law, cooperatives in essence fair market value of donated food which can- are treated as pass-through entities in that The provision is effective for taxable years the cooperative is not subject to corporate not or will not be sold solely due to internal beginning after the date of enactment. standards of the taxpayer, lack of market, or income tax to the extent the cooperative similar circumstances is determined without I. EXTEND DECLARATORY JUDGMENT PROCE- timely pays patronage dividends. Under regard to such factors and, if applicable, by DURES TO FARMERS’ COOPERATIVE ORGANI- present law, the only credits that may be taking into account the price at which the ZATIONS (SEC. 409 OF THE BILL AND SEC. 7428 flowed-through to cooperative patrons are same or similar food items are sold by the OF THE CODE) the rehabilitation credit (sec. 47), the energy taxpayer at the time of the contribution or PRESENT LAW property credit (sec. 48(a)), and the reforest- in the recent past. Cooperatives may deduct from their tax- ation credit (sec. 48(b)), but not the small The bill does not apply for taxable years able income amounts distributed to patrons ethanol producer credit. beginning after December 31, 2003. in the form of patronage dividends, and cer- EXPLANATION OF PROVISION EFFECTIVE DATE tain other amounts paid or allocated to pa- The bill: (1) provides that the small pro- The provision is effective for taxable years trons, to the extent the net earnings of the ducer credit is not a ‘‘passive credit’’; (2) al- beginning after December 31, 2000. cooperative from business done with or for lows the credit to be claimed against the al- patrons, provided that there is a pre-existing ternative minimum tax; and (3) repeals the G. COORDINATE FARMERS AND FISHERMAN IN- obligation to distribute such amounts (sec. present rule that the amount of the credit is COME AVERAGING AND THE ALTERNATIVE 1382). Cooperatives that qualify as farmers’ included in income. MINIMUM TAX (SEC. 407 OF THE BILL AND cooperatives under section 521 may claim ad- The bill also allows cooperatives to elect SECS. 55 AND 1301 OF THE CODE) ditional deductions for dividends on capital to pass-through small ethanol producer cred- PRESENT LAW stock and patronage-based distributions of its to its patrons. The credit allowed to a pa- An individual taxpayer engaged in a farm- nonpatronage income. tron is that proportion of the credit the co- ing business as defined by section 263A(e)(4) Under present law, there is limited access operative elects to pass-through for that may elect to compute his or her current year to judicial review of disputes regarding the year as the amount of patronage of that pa- tax liability by averaging, over the prior initial or continuing qualification of a farm- tron for that year bears to total patronage of three-year period, all or portion of his or her er’s cooperative described in section 521. The all patrons for that year. October 3, 2000 CONGRESSIONAL RECORD — SENATE S9741

EFFECTIVE DATE Revenue Service (‘‘IRS’’) provided guidance the G&G costs related to the exploration is The provision is effective for taxable years regarding the proper tax treatment of G&G deductible as a loss under section 165 for the beginning after date of enactment. costs. The ruling describes a typical geologi- taxable year in which that particular project cal and geophysical exploration program as area is abandoned as a potential source of K. PAYMENT OF DIVIDENDS ON STOCK OF CO- containing the following elements: mineral production. OPERATIVES WITHOUT REDUCING PATRONAGE It is customary in the search for mineral EXPLANATION OF PROVISION DIVIDENDS (SEC. 411 OF THE BILL AND SEC. producing properties for a taxpayer to con- 1388 OF THE CODE) The provision allows geological and geo- duct an exploration program in one or more physical costs incurred in connection with PRESENT LAW identifiable project areas. Each project area oil and gas exploration in the United States Cooperatives, including tax-exempt farm- encompasses a territory that the taxpayer to be deducted currently. ers’ cooperatives, are treated like a conduit determines can be explored advantageously EFFECTIVE DATE for Federal income tax purposes since a co- in a single integrated operation. This deter- operative may deduct patronage dividends mination is made after analyzing certain The provision is effective for G&G costs in- curred or paid in taxable years beginning paid from its taxable income. In general, pa- variables such as the size and topography of after December 31, 2001. tronage dividends are amounts paid to pa- the project area to be explored, the existing trons (1) on the basis of the quantity or value information available with respect to the B. ALLOW CERTAIN OIL AND GAS ‘‘DELAY of business done with or for its patrons, (2) project area and nearby areas, and the quan- RENTAL PAYMENTS’’ TO BE DEDUCTED CUR- under a valid enforceable written obligation tity of equipment, the number of personnel, RENTLY (SEC. 502 OF THE BILL AND SEC. 263 to the patron to pay such amount, which ob- and the amount of money available to con- OF THE CODE) ligation existed before the cooperative re- duct a reasonable exploration program over PRESENT LAW ceived such amounts, and (3) which is deter- the project area. Present law generally requires costs asso- mined by reference to the net earnings of the The taxpayer selects a specific project area ciated with inventory and property held for cooperative from business done with or for from which geological and geophysical data resale to be capitalized rather than currently its patrons. are desired and conducts a reconnaissance- deducted as they are incurred. (sec. 2634). Oil Treasury Regulations provide that net type survey utilizing various geological and and gas producers typically contract for earnings are reduced by dividends paid on geophysical exploration techniques that are mineral production in exchange for royalty capital stock or other proprietary capital in- designed to yield data that will afford a basis payments. If mineral production is delayed, terests. The effect of this rule is to reduce for identifying specific geological features these contracts provide for ‘‘delay rental the amount of earnings that the cooperative with sufficient mineral potential to merit payments’’ as a condition of their extension. can treat as patronage earnings which re- further exploration. The Treasury Department has taken the po- duces the amount that cooperative can de- Each separable, noncontiguous portion of sition that the uniform capitalization rules duct as patronage dividends. the original project area in which such a spe- of section 263A require delay rental pay- ments to be capitalized. EXPLANATION OF PROVISION cific geological feature is identified is a sepa- rate ‘‘area of interest.’’ The original project EXPLANATION OF PROVISION The bill allows cooperatives to pay divi- area is subdivided into as many small dends on capital stock without those divi- The provision allows delay rental pay- projects as there are areas of interest located ments to be deducted currently. dends reducing excludable patronage-sourced and identified within the original project EFFECTIVE DATE income to the extent that the cooperative’s area. If the circumstances permit a detailed organizational documents provide that the The provision applies to delay rental pay- exploratory survey to be conducted without ments incurred in taxable years beginning dividends do not reduce amounts owed to pa- an initial reconnaissance-type survey, the trons. after December 31, 2001. project area and the area of interest will be No inference is intended from the proposal EFFECTIVE DATE coextensive. as to the proper treatment of pre-effective The provision applies to distributions in The taxpayer seeks to further define the date delay rental payments. geological features identified by the prior re- taxable years beginning after the date of en- C. ALLOW NET OPERATING LOSSES FROM OIL connaissance-type surveys by additional, actment. AND GAS PROPERTIES TO BE CARRIED BACK more detailed, exploratory surveys con- V. TAX INCENTIVES FOR THE FOR UPTOFIVE YEARS (SEC. 503 OF THE ducted with respect to each area of interest. PRODUCTION OF ENERGY BILL AND SEC. 172 OF THE CODE) For this purpose, the taxpayer engages in A. ALLOW GEOLOGICAL AND GEOPHYSICAL more intensive geological and geophysical PRESENT LAW COSTS TO BE DEDUCTED CURRENTLY (SEC. 501 exploration employing methods that are de- A net operating loss (‘‘NOL’’) generally is OF THE BILL AND SEC. 263 OF THE CODE) signed to yield sufficiently accurate sub-sur- the amount by which business deductions of PRESENT LAW face data to afford a basis for a decision to a taxpayer exceed business gross income. In In general acquire or retain properties within or adja- general, an NOL may be carried back two years and carried forward 20 years to offset Under present law, current deductions are cent to a particular area of interest or to abandon the entire area of interest as unwor- taxable income in such years. A carryback of not allowed for any amount paid for new an NOL results in the refund of Federal in- buildings or for permanent improvements or thy of development by mine or well. The 1977 ruling provides that if, on the come tax for the carryback year. A betterments made to increase the value of carryforward of an NOL reduces Federal in- any property or estate (sec. 263(a)). Treasury basis of data obtained from the preliminary geological and geophysical exploration oper- come tax for the carryforward year. Special Department regulations define capital NOL carryback rules apply to (1) casualty amounts to include amounts paid or incurred ations, only one area of interest is located and identified within the original project and theft losses of individual taxpayers, (2) (1) to add to the value, or substantially pro- Presidentially declared disasters for tax- long the useful life, of property owned by the area, then the entire expenditure for those exploratory operations is to be allocated to payers engaged in a farming business or a taxpayer or (2) to adapt property to a new or small business, (3) real estate investment that one area of interest and thus capitalized different use. trusts, (4) specified liability losses, (5) excess into the depletable basis of that area of in- The proper income tax treatment of geo- interest losses, and (6) farm losses. terest. On the other hand, if two or more logical and geophysical costs (‘‘G&G costs’’) EXPLANATION OF PROVISION associated with oil and gas production has areas of interest are located and identified within the original project area, the entire The provision provides a special five-year been the subject of a number of court deci- carryback for certain eligible oil and gas sions and administrative rulings. G&G costs expenditure for the exploratory operations is to be allocated equally among the various losses of independent producers. The are incurred by the taxpayer for the purpose carryforward period remains 20 years. An of obtaining and accumulating data that will areas of interest. The 1977 ruling further provides that if, on ‘‘eligible oil and gas loss’’ is defined as the serve as a basis for the acquisition and reten- the basis of data obtained from a detailed lesser of (1) the amount which would be the tion of oil or gas properties by taxpayers ex- survey that does not relate exclusively to taxpayer’s NOL for the taxable year if only ploring for the minerals. Courts have ruled any particular property within a particular income and deductions attributable to oper- that such costs are capital in nature and are area of interest, an oil or gas property is ac- ating mineral interests in oil and gas wells not deductible as ordinary and necessary quired or retained within or adjacent to that were taken into account, or (2) the amount business expenses. Accordingly, the costs at- area of interest, the entire G&G exploration of such net operating loss for such taxable tributable to such exploration are allocable expenditures, including those incurred prior year. In calculating the amount of a tax- to the cost of the property acquired or re- to the identification of the particular area of payer’s NOL carrybacks, the portion of the tained. The term ‘‘property’’ includes an eco- interest but allocated thereto, are to be allo- NOL that is attributable to an eligible oil nomic interest in a tract or parcel of land cated to the property as a capital cost under and gas loss is treated as a separate NOL and notwithstanding that a mineral deposit has section 263(a). taken into account after the remaining por- not been established or proven at the time If, however, from the data obtained by the tion of the NOL for the taxable year. the costs are incurred. exploratory operations no areas of interest EFFECTIVE DATE Revenue Ruling 77–188 are located and identified by the taxpayer The proposal applies to NOLs arising in In Revenue Ruling 77–188 (hereinafter re- within the original project area, then the taxable years beginning after December 31, ferred to as the ‘‘1977 ruling’’), the Internal 1977 ruling states that the entire amount of 2001. S9742 CONGRESSIONAL RECORD — SENATE October 3, 2000

D. TEMPORARY SUSPENSION OF PERCENTAGE F. NATURAL GAS GATHERING LINES TREATED or, (2), oil, gas, or a primary product of oil or OF DEPLETION DEDUCTION LIMITATION AS 7-YEAR PROPERTY (SEC. 506 OF THE BILL gas which is sold by the CFC or a related per- BASED ON 65 PERCENT OF TAXABLE INCOME AND SEC. 168(e)(3) OF THE CODE) son for use or consumption within such for- (SEC. 504 OF THE BILL AND SEC. 613A OF THE PRESENT LAW eign country or is loaded in such country as CODE) fuel on a vessel or aircraft. An exclusion also The applicable recovery period for assets is provided for income of a CFC that is a PRESENT LAW placed in service under the Modified Acceler- small producer (i.e., a corporation whose av- Depletion, like depreciation, is a form of ated Cost Recovery System is based on the erage daily oil and natural gas production, capital cost recovery. In both cases, the tax- ‘‘class life of the property.’’ The class lives of including production by related corpora- payer is allowed a deduction in recognition assets placed in service after 1986 are set tions, is less than 1,000 barrels). of the fact that an asset—in the case of de- forth in Revenue Procedure 87–56. Revenue pletion for oil or gas interests, the mineral Procedure 87–56 includes two asset classes EXPLANATION OF PROVISION reserve itself—is being expended in order to that could describe natural gas gathering The bill provides an additional exception produce income. Certain costs incurred prior lines owned by non-producers of natural gas. to the definition of foreign base company oil to drilling an oil or gas property are recov- Asset class 13.2, describing assets used in the related income. Under the bill, foreign base ered through the depletion deduction. These exploration for and production of petroleum company oil related income does not include include costs of acquiring the lease or other and natural gas deposits, provides a class life interest in the property and geological and income derived from a source within a for- of 14 years and a depreciation recovery pe- geophysical costs (in advance of actual drill- eign country in connection with the pipeline riod of seven years. Asset class 46.0, describ- ing). Depletion is available to any person transportation of oil or gas within such for- ing pipeline transportation, provides a class having an economic interest in a producing eign country. Thus, the exception applies life of 22 years and a recovery period of 15 property. whether or not the CFC that owns the pipe- years. The uncertainty regarding the appro- Two methods of depletion currently are al- line also owns any interest in the oil or gas priate recovery period has resulted in litiga- lowable under the Code: (1) the cost deple- transported. In addition, the exception ap- tion between taxpayers and the IRS. Re- tion method, and (2) the percentage deple- plies to income earned from the transpor- cently, the 10th Circuit Court of Appeals tion method (secs. 611–613). Under the cost tation of oil or gas by pipeline in a country held that natural gas gathering lines owned depletion method, the taxpayer deducts that in which the oil or gas was neither extracted by non-producers fall within the scope of portion of the adjusted basis of the deplet- nor consumed within such foreign country. able property which is equal to the ratio of Asset class 13.2 (i.e., seven-year recovery pe- units sold from that property during the tax- riod). EFFECTIVE DATE able year to the number of units remaining EXPLANATION OF PROVISION The provision is effective for taxable years as of the end of taxable year plus the number The bill establishes a statutory seven-year of CFCs beginning after December 31, 2001, of units sold during the taxable year. Thus, recovery period for all natural gas gathering and taxable years of U.S. shareholders with the amount recovered under cost depletion lines. A natural gas gathering line would be or within which such taxable years of CFCs may never exceed the taxpayer’s basis in the defined to include pipe, equipment, and ap- end. property. purtenances that are (1) determined to be a Under the percentage depletion method, TITLE VI. TAX INCENTIVES FOR gathering line by the Federal Energy Regu- generally, 15 percent of the taxpayer’s gross CONSERVATION income from an oil- or gas-producing prop- latory Commission, or (2) used to deliver erty is allowed as a deduction in each tax- natural gas from the wellhead or a common A. EXCLUSION OF 50 PERCENT OF GAIN ON able year (sec. 613A(c)). The amount de- point to the point at which such gas first SALES OF LAND OR INTERESTS IN LAND OR ducted generally may not exceed 100 percent reaches (a) a gas processing plant, (b) an WATER TO ELIGIBLE ENTITIES FOR CON- of the net income from that property in any interconnection with an interstate trans- SERVATION PURPOSES (SEC. 601 OF THE BILL year (the ‘‘net-income limitation’’) (sec. mission line, (c) an interconnection with an AND NEW SEC. 121A OF THE CODE) intrastate transmission line, or (d) a direct 613(a)). Additionally, the percentage deple- PRESENT LAW tion deduction for all oil and gas properties interconnection with a local distribution may not exceed 65 percent of the taxpayer’s company, a gas storage facility, or an indus- Gain from the sale or exchange of land held overall taxable income (determined before trial consumer. more than one year generally is treated as such deduction and adjusted for certain loss EFFECTIVE DATE long-term capital gain. carrybacks and trust distributions) (sec. The provision is effective for property Generally the net capital gain of an indi- 613A(d)(1)). placed in service on or after the date of en- vidual (i.e., long-term capital gain less EXPLANATION OF PROVISION actment. No inference would be intended as short-term capital loss) is subject to a max- The provision suspends the 65-percent-of- to the proper treatment of such property imum rate of 20 percent. taxable-income limit for taxable years begin- placed in service before the date of enact- EXPLANATION OF PROVISION ning after December 31, 2000 and before Janu- ment. ary 1, 2004. The bill provides a 50-percent exclusion G. CLARIFICATION OF TREATMENT OF PIPELINE from a taxpayer’s gross income for gain real- EFFECTIVE DATE TRANSPORTATION INCOME (SEC. 507 OF THE ized on the qualifying sale of land, or an in- The provision is effective for taxable years BILL AND SEC. 954 OF THE CODE) beginning after December 31, 2000. terest in land or water, provided the land, or PRESENT LAW interest in land or water, has been held by E. TAX CREDIT FOR OIL AND GAS PRODUCTION Under the subpart F rules, U.S. 10-percent the taxpayer or the taxpayer’s family for at FROM MARGINAL WELLS (SEC. 505 OF THE shareholders of a controlled foreign corpora- least three years prior to the date of sale. A BILL AND SEC. 54A OF THE CODE) tion (‘‘CFC’’) are subject to U.S. tax cur- qualifying sale is a sale to any agency of the PRESENT LAW rently on their shares of certain income Federal Government, a State government, or There is no income tax credit for oil or gas earned by the foreign corporation, whether a local government, or a sale to 501(c)(3) or- production from marginal wells generally. or not such income is distributed to the ganization that is organized and operated Present law does, however, provide a tax shareholders (referred to as ‘‘subpart F in- primarily to meet a qualified conservation credit for production requiring the use of come’’). Subpart F income includes foreign purpose. In addition, to be a qualifying sale, certain tertiary recovery methods (the ‘‘en- base company income, which in turn in- the entity acquiring the land, or interest in hanced oil recovery credit’’) (sec. 43). cludes five categories of income: foreign per- land or water, must provide the taxpayer EXPLANATION OF PROVISION sonal holding company income, foreign base with a letter detailing that the intent of the The provision provides an income tax cred- company sales income, foreign base company purchase is to further a qualified conserva- it equal to $3 per barrel of qualified crude oil services income, foreign base company ship- tion purpose. A qualified conservation pur- produced from a marginal well and 50 cents ping income, and foreign base company oil pose is (1) the preservation of land areas for per 1,000 cubic feet of qualified natural gas related income (sec. 954(a)). outdoor recreation by, or the education of, production. Qualified production is defined Foreign base company oil related income the general public, (2) the protection of a rel- as production up to 1,095 barrels per year (3 is income derived outside the United States atively natural habitat of fish, wildlife, or barrels per day). from the processing of minerals extracted plants, or similar ecosystem, or (3) the pres- The credit applies fully only when oil from oil or gas wells into their primary prod- ervation of open space (including farmland prices are below $14. The credit phases-out ucts; the transportation, distribution, or sale and forest land) where the preservation is for ratably when the price of oil is between $14 of such minerals or primary products; the the scenic enjoyment of the general public or and $17 per barrel for oil (and equivalent disposition of assets used by the taxpayer in pursuant to a clearly delineated Federal, amounts for natural gas). a trade or business involving the foregoing; State or local governmental conservation The credit can be claimed against both the or the performance of any related services. policy that will yield a significant public regular income tax and the alternative min- However, foreign base company oil related benefit. imum tax. income does not include income derived from EFFECTIVE DATE EFFECTIVE DATE a source within a foreign country in connec- The proposal applies to production in tax- tion with: (1) oil or gas which was extracted The provision is effective for sales after able years beginning after December 31, 2000. from a well located in such foreign country December 31, 2003. October 3, 2000 CONGRESSIONAL RECORD — SENATE S9743

B. EXPAND THE ESTATE TAX RULE FOR CON- water bank program authorized by the Water the credit is 1.7 cents/kilowatt hour of elec- SERVATION EASEMENTS (SEC. 602 OF THE Bank Act, (4) the emergency conservation tricity produced and the value of the credit BILL AND SEC. 2031 OF THE CODE) measures program authorized by title IV of is indexed for inflation. The credit applies to PRESENT LAW the Agricultural Credit Act of 1978, (5) the electricity produced by a qualified wind en- agriculture conservation program authorized ergy facility placed in service after Decem- An executor may elect to exclude from the by the Soil Conservation and Domestic Al- ber 31, 1993, and before January 1, 2002, to taxable estate 40 percent of the value of any lotment Act, (6) the great plains conserva- electricity produced by a qualified closed- land subject to a qualified conservation ease- tion program authorized by section 16 of the loop biomass facility placed in service after ment, up to a maximum exclusion of $100,000 Soil Conservation and Domestic Policy Act, December 31, 1992, and before January 1, 2002, in 1998, $200,000 in 1999, $300,000 in 2000, (7) the resource conservation and develop- and to a qualified poultry waste facility $400,000 in 2001, and $500,000 in 2002 and there- ment program authorized by the Bankhead- placed in service after December 31, 1999, and after (sec. 2031(c)). The exclusion percentage Jones Farm Tenant Act and by the Soil Con- before January 1, 2002. The credit is allow- is reduced by 2 percentage points for each servation and Domestic Allotment Act, (8) able for production during the 10-year period percentage point (or fraction thereof) by the forestry incentives program authorized after a facility is originally placed in serv- which the value of the qualified conservation by section 4 of the Cooperative Forestry As- ice. easement is less than 30 percent of the value sistance Act of 1978, (9) any small watershed Closed-loop biomass is the use of plant of the land (determined without regard to program administered by the Secretary of matter, where the plants are grown for the the value of such easement and reduced by Agriculture which is determined by the Sec- sole purpose of being used to generate elec- the value of any retained development retary of the Treasury or his delegate to be tricity. It does not include the use of waste right). substantially similar to the type of programs materials (including, but not limited to, A qualified conservation easement is one described in items (1) through (8), and (10) scrap wood, manure, and municipal or agri- that meets the following requirements: (1) any program of a State, possession of the cultural waste). The credit also is not avail- the land is located within 25 miles of a met- United States, a political subdivision of any able to taxpayers who use standing timber to ropolitan area (as defined by the Office of of the foregoing, or the District of Columbia produce electricity. In order to claim the Management and Budget) or a national park under which payments are made to individ- credit, a taxpayer must own the facility and or wilderness area, or within 10 miles of an uals primarily for the purpose of conserving sell the electricity produced by the facility Urban National Forest (as designated by the soil, protecting or restoring the environ- to an unrelated party. Forest Service of the U.S. Department of Ag- ment, improving forests, or providing a habi- riculture); (2) the land has been owned by the Section 29 tat for wildlife. decedent or a member of the decedent’s fam- Certain fuels produced from ‘‘nonconven- ily at all times during the three-year period EXPLANATION OF PROVISION tional sources’’ and sold to unrelated parties ending on the date of the decedent’s death; The provision expands the types of quali- are eligible for an income tax credit equal to and (3) a qualified conservation contribution fied cost-sharing payments to include pay- $3 (generally adjusted for inflation) per bar- (within the meaning of sec. 170(h)) of a quali- ments under the Partners for Wildlife Pro- rel or BTU oil barrel equivalent (sec. 29) (re- fied real property interest (as generally de- gram. ferred to as the ‘‘section 29 credit’’). Quali- fined in sec. 170(h)(2)(C)) was granted by the EFFECTIVE DATE fied fuels must be produced within the decedent or a member of his or her family. United States. Qualified fuels include: The provision applies to payments received (1) oil produced from shale and tar sands; For purposes of the provision, preservation after the date of enactment. of a historically important land area or a (2) gas produced from geopressured brine, D. INCENTIVE FOR CERTAIN ENERGY EFFICIENT certified historic structure does not qualify Devonian shale, coal seams, tight formations PROPERTY USED IN BUSINESS (SEC. 604 OF as a conservation purpose. (‘‘tight sands’’), or biomass; and THE BILL AND NEW SEC. 199 OF THE CODE) (3) liquid, gaseous, or solid synthetic fuels In order to qualify for the exclusion, a produced from coal (including lignite). qualifying easement must have been granted PRESENT LAW In general, the credit is available only with by the decedent, a member of the decedent’s No special deduction is currently provided respect to fuels produced from wells drilled family, the executor of the decedent’s estate, for expenses incurred for energy efficient or facilities placed in service after December or the trustee of a trust holding the land, no building property. 31, 1979, and before January 1, 1993. An excep- later than the date of the election. To the EXPLANATION OF PROVISION tion extends the January 1, 1993 expiration extent that the value of such land is ex- The provision allows a deduction from in- date for facilities producing gas from bio- cluded from the taxable estate, the basis of come for expenses incurred for energy effi- mass and synthetic fuel from coal if the fa- such land acquired at death is a carryover cient commercial building property. Energy- cility producing the fuel is placed in service basis (i.e., the basis is not stepped-up to its efficient commercial building property is de- before July 1, 1998, pursuant to a binding fair market value at death). Property fi- fined as property that reduces annual energy contract entered into before January 1, 1997. nanced with acquisition indebtedness is eli- and power costs with respect to lighting, The credit may be claimed for qualified gible for this provision only to the extent of cooling, heating, ventilation, and hot water fuels produced and sold before January 1, the net equity in the property. The exclusion supply by 50 percent or more in comparison 2003 (in the case of nonconventional sources from estate taxes does not extend to the to a reference building. A reference building subject to the January 1, 1993 expiration value of any development rights retained by is defined as one which meets the require- date) or January 1, 2008 (in the case of bio- the decedent or donor. ments of Standard 90.1–1999 of the American mass gas and synthetic fuel facilities eligible EXPLANATION OF PROVISION Society of Heating, Refrigerating, and Air for the extension period). The bill expands the availability of quali- Conditioning Engineers and the Illuminating EXPLANATION OF PROVISION fied conservation easements by eliminating Engineering Society of North America. The The bill provides that the present-law tax the geographical boundary restrictions. maximum deduction would be $2.25 per credit for electricity produced by wind, Under the bill, the land qualifies without re- square foot. For all property eligible for the closed-loop biomass, and poultry waste fa- gard to the distance from which the land is deduction, the depreciable basis of the prop- cilities is expanded to include electricity situated from a metropolitan area, national erty is reduced by the amount of the deduc- produced from certain other biomass (in ad- park, wilderness area, or Urban National tion. For public property, such as schools, dition to closed-loop biomass and poultry Forest. the Secretary shall issue regulations to waste) and electricity produced from landfill EFFECTIVE DATE allow the deduction to be allocated to the gas. Taxpayers producing electricity from person primarily responsible for designing other biomass or landfill gas may claim The provision is effective for estates of de- the property in lieu of the public entity cedents dying after December 31, 2001. credit for production of electricity for three owner. years commencing on the later of January 1, C. COST-SHARING PAYMENTS UNDER THE PART- EFFECTIVE DATE 2001, or the date the facility is placed in serv- NERS FOR WILDLIFE PROGRAM (SEC. 603 OF The deduction is effective for taxable years ice. THE BILL AND SEC. 126 OF THE CODE) beginning after December 31, 2000, and before ‘‘Other biomass’’ is defined as solid non- PRESENT LAW January 1, 2004. hazardous, cellulose waste material which is Under present law, gross income does not E. EXTENSION AND MODIFICATION OF TAX segregated from other waste materials and include the excludable portion of payments CREDIT FOR ELECTRICITY PRODUCED FROM which is derived from forest resources, but made to taxpayers by federal and state gov- BIOMASS (SEC. 605 OF THE BILL AND SEC. 45 not including old growth timber. The term ernments for a share of the cost of improve- OF THE CODE) includes urban sources such as waste pallets, ments to property under certain conserva- crates, manufacturing and construction tion programs. These programs include pay- PRESENT LAW wood waste, and tree trimmings, or agricul- ments received under (1) the rural clean Section 45 tural sources (including orchard tree crops, water program authorized by section 208(j) of An income tax credit is allowed for the grain, vineyard, legumes, sugar, and other the Federal Water Pollution Control Act, (2) production of electricity from either quali- crop by-products or residues). However, the the rural abandoned mine program author- fied wind energy facilities, qualified ‘‘closed- term does not include unsegregated munic- ized by section 406 of the Surface Mining loop’’ biomass facilities, or qualified poultry ipal solid waste, paper that is commonly re- Control and Reclamation Act of 1977, (3) the waste facilities (sec. 45). The current value of cycled, or certain chemically treated wood S9744 CONGRESSIONAL RECORD — SENATE October 3, 2000 wastes. Qualifying other biomass and landfill Act. The proposals in that legislation in- and a final determination that the account gas facilities are limited to facilities owned clude a tax credit for alternative fuel vehi- will not be collected. Providers of qualified by the taxpayer. cles, a tax credit for retail sales of alter- personal services should not be subject to a A special rule modifies present-law defini- native motor vehicle fuels, and an extension formula that requires the payment of taxes tion of qualified closed-loop biomass facili- of the deduction for certain refueling prop- on receivables that will not be collected. It is ties to include facilities in which electricity erty. The sponsors note the Committee has intended that the Secretary of the Treasury is produced from closed-loop biomass fuels explored these incentives in a hearing and be directed to amend the temporary regula- co-fired with coal. will continue to seek to address these pro- tions to provide a more accurate determina- In the case of other biomass facilities, the posals in appropriate legislation. tion for such qualified personal service pro- credit applies to electricity produced after EFFECTIVE DATE viders of amounts to be excluded from in- December 31, 2000 from facilities that are The credit is available for a hybrid vehicle come that, based on the taxpayer’s experi- placed in service before January 1, 2002 (in- placed in service after December 31, 2003, and ence, will not be collected. In amending such cluding facilities placed in service before the before January 1, 2005. regulations, the Secretary of the Treasury date of enactment of this provision). In the should consider providing flexibility with re- VII. ADDITIONAL TAX PROVISIONS case of landfill gas facilities, the credit ap- spect to any formula used to compute the plies to electricity produced after December A. LIMITATION ON USE OF NON-ACCRUAL EXPE- amount of the exclusion, to address the dif- 31, 2000, from facilities placed in service after RIENCE METHOD OF ACCOUNTING (SEC. 701 OF ferent factual situations of taxpayers. THE BILL AND SEC. 448 OF THE CODE) December 31, 1999, and before January 1, 2002. EFFECTIVE DATE In the case of closed-loop biomass facilities PRESENT LAW The provision is effective for taxable years in which closed-loop biomass fuel is co-fired An accrual method taxpayer generally ending after date of enactment. Any change with coal, the credit applies to electricity must recognize income when all the events in the taxpayer’s method of accounting ne- produced after December 31, 2000, from facili- have occurred that fix the right to receive cessitated as a result of the provision are ties that are placed in service before January the income and the amount of the income treated as a voluntary change initiated by 1, 2002 (including facilities placed in service can be determined with reasonable accuracy. the taxpayer with the consent of the Sec- before the date of enactment of this provi- An accrual method taxpayer may deduct the retary of the Treasury. Any required section sion). amount of any receivable that was pre- 481(a) adjustment is to be taken into account EFFECTIVE DATE viously included in income that becomes over a period not to exceed four years under The provision is effective upon the date of worthless during the year. principles consistent with those in Rev. enactment. Accrual method taxpayers are not required Proc. 98–60. to include in income amounts to be received F. CREDIT FOR CERTAIN ENERGY EFFICIENT B. REPEAL OF SECTION 1706 OF THE TAX for the performance of services which, on the MOTOR VEHICLES (SEC. 606 OF THE BILL AND REFORM ACT OF 1986 (SEC. 702 OF THE BILL) basis of experience, will not be collected (the NEW SEC. 30B OF THE CODE) PRESENT LAW ‘‘non-accrual experience method’’). The PRESENT LAW availability of this method is conditioned on Under present law, determination of Present law does not provide a credit for the taxpayer not charging interest or a pen- whether a worker is an employee or inde- the purchase of hybrid vehicles. However, alty for failure to timely pay the amount pendent contractor is generally made under taxpayers may claim a credit of 10 percent of charged. a common-law test. Section 530 of the Rev- the cost of an electric vehicle up to a max- A cash method taxpayer is not required to enue Act of 1978 provides safe harbors under imum credit of $4,000 (sec. 30). A qualified include an amount in income until it is re- which a service recipient may treat a worker electric vehicle is a vehicle powered pri- ceived. A taxpayer generally may not use the as an independent contractor for employ- marily by an electric motor drawing current cash method if purchase, production, or sale ment tax purposes (regardless of their status from rechargeable batteries, fuel cells, or of merchandise is an income producing fac- under the common-law test) if certain re- quirements are satisfied. One of the require- other portable sources of electrical current. tor. Such taxpayers generally are required to ments of safe-harbor relief under section 530 The credit does not apply to property placed keep inventories and use an accrual method is that the taxpayer (or a predecessor) must in service after December 31, 2004 and is re- of accounting. In addition, corporations (and not have treated any worker holding a sub- duced ratably between 2002 and 2004. partnerships with corporate partners) gen- stantially similar position as an employee Taxpayers may claim an immediate deduc- erally may not use the cash method of ac- for purposes of employment taxes for any pe- tion (expensing) for up to $2,000 of the cost of counting if their average annual gross re- riod after 1977. In determining whether work- a qualified clean-fuel vehicle which is a car ceipts exceed $5 million. An exception to this ers hold substantially similar positions, one and up to $50,000 in the case of certain trucks $5 million rule is provided for qualified per- of the factors that is to be taken into ac- or vans (sec. 179A). For the purpose of the de- sonal service corporations. A qualified per- count is the relationship of the parties, in- duction, gasoline and diesel fuel are not sonal service corporation is a corporation (1) cluding the degree of supervision and control clean-burning fuels. The deduction expires substantially all of whose activities involve of the worker by the taxpayer. after December 31, 2004, and is phased out the performance of services in the fields of Under section 1706 of the Tax Reform Act ratably between 2002 and 2004. health, law, engineering, architecture, ac- of 1986, section 530 safe-harbor relief does not EXPLANATION OF PROVISION counting, actuarial science, performing arts apply to certain technical services per- The bill provides a temporary tax credit or consulting and (2) substantially all of the sonnel. stock of which is owned by current or former for qualified hybrid vehicles, with a re- EXPLANATION OF PROVISION employees performing such services, their chargeable energy system used in business The bill repeals section 1706 of the Tax Re- and for personal use. For vehicles with a re- estates or heirs. Qualified personal service corporations are allowed to use the cash form Act of 1986. Thus, section 530 safe-har- chargeable energy system that provides five bor relief is available with respect to work- method without regard to whether their av- percent to less than 10 percent of the max- ers covered by section 1706, if the require- erage annual gross receipts exceed $5 mil- imum available power, the credit amount is ments of the safe harbor are otherwise satis- lion. $500; for a system that provides 10 percent to fied. The bill does not repeal the consistency less than 20 percent of maximum available EXPLANATION OF PROVISION requirement with respect to workers covered power the credit is $1,000; for a system that The provision provides that the non-ac- by section 1706. provides 20 percent to less than 30 percent of crual experience method of accounting will EFFECTIVE DATE maximum available power, the credit is be available only for amounts to be received The bill is effective for periods beginning $1,500; and for a system that provides 30 per- for the performance of qualified personal after the date of enactment. cent or greater of maximum available power, services. Amounts to be received for all the credit is $2,000. The credit amount is in- other services will be subject to the general C. EXPANSION OF EXEMPTION FROM PERSONAL creased for qualified hybrid vehicles that rule regarding inclusion in income. Qualified HOLDING COMPANY TAX FOR LENDING OR FI- also actively employ a regenerative braking personal services are personal services in the NANCE BUSINESS COMPANIES (SEC. 703 OF system that supplies energy to the recharge- fields of health, law, engineering, architec- THE BILL AND SECTION 542 OF THE CODE) able energy storage system. For a hybrid ve- ture, accounting, actuarial science, per- PRESENT LAW hicle with a regenerative braking system forming arts or consulting. As under present Personal holding companies (‘‘PHC’’) are that provides 20 percent to less than 40 per- law, the availability of this method is condi- subject to a 39.6 percent tax on undistributed cent of the energy available from braking in tioned on the taxpayer not charging interest PHC income. This tax can be avoided by dis- a typical 60 miles per hour to zero miles per or a penalty for failure to timely pay the tributing the income to shareholders, who hour braking event, the additional credit amount charged. then pay shareholder level tax. PHCs are amount is $250, for 40 percent to less than 60 It is believed that the formula contained in closely held companies with at least 60 per- percent, the additional credit would be $500, Temp. Reg. Section 1.448–2T does not clearly cent ‘‘personal holding company income’’ and for 60 percent or greater, the additional reflect the amount of income that, based on (‘‘PHCI’’). This is generally passive income, credit is $1,000. experience, will not be collected for many including interest, dividends, and rents. Cer- In addition, the sponsors note that this qualified personal services providers, espe- tain rent is excluded from the definition, if proposal is one portion of a package of pro- cially for those where significant time rent is at least 50 percent of the adjusted or- posals in the Alternative Fuels Incentives elapses between the rendering of the service dinary gross income of the company and October 3, 2000 CONGRESSIONAL RECORD — SENATE S9745 other undistributed PHCI does not exceed 10 ible, may constitute a deductible contribu- excludes the payments from his or her in- percent of the adjusted ordinary gross in- tion (Treas. Reg. sec. 1.170A–1(g)). Specifi- come (sec. 104). Thus, neither the amount re- come. cally, section 170(j) provides that no chari- ceived for agreeing to the qualified assign- In the case of a group of corporations filing table contribution deduction is allowed for ment of the liability to pay damages, nor the a consolidated return, with certain excep- traveling expenses (including amounts ex- income on the annuity that funds the liabil- tions, the application of the PHC tax to the pended for meals and lodging) while away ity to pay damages, generally is subject to group and any member thereof is generally from home, whether paid directly or by reim- tax. determined on the basis of consolidated in- bursement, unless there is no significant ele- The exclusion for recipients of the periodic come and consolidated PHCI. If any member ment of personal pleasure, recreation, or va- payments received under a structured settle- of the group is excluded from the definition cation in such travel. ment arrangement as damages for personal of a PHC under certain provisions (including EXPLANATION OF PROVISION physical injuries or physical sickness can be one for certain lending or finance busi- contrasted with the treatment of investment The bill allows individuals to claim a de- nesses), then each other member of the group earnings that are not paid as damages. If a duction under section 170 not exceeding is tested separately for PHC status. recipient of damages chooses to receive a $7,500 per taxable year for certain expenses A special rule of present law excludes a lump sum payment (excludable from income incurred in carrying out sanctioned whaling lending or finance business from the defini- under sec. 104), and then to invest it himself, activities. The deduction is available only to tion of a PHC if certain requirements are generally the earnings on the investment are an individual who is recognized by the Alas- met. At least 60 percent of its income must includable in income. For example, if the re- ka Eskimo Whaling Commission as a whal- come from the active conduct of a lending or cipient uses the lump sum to purchase an an- ing captain charged with the responsibility finance business, and no more than 20 per- nuity contract providing for periodic pay- of maintaining and carrying out sanctioned cent of its adjusted gross income may be ments, then a portion of each payment under whaling activities. The deduction is avail- from certain other PHCI. A lending or fi- the annuity contract is includable in income, able for reasonable and necessary expenses nance business does not include a business of and the balance is excludable under present- paid by the taxpayer during the taxable year making loans longer than 144 months (12 law rules based on the ratio of the individ- for (1) the acquisition and maintenance of years). Also, the deductions attributable to ual’s investment in the contract to the ex- whaling boats, weapons, and gear used in this active lending or finance business (but pected return on the contract (sec. 72(b)). sanctioned whaling activities, (2) the sup- not including interest expense) must be at Present law provides that the payments to plying of food for the crew and other provi- least 5 percent of income over $500,000 (plus the injured person under the qualified as- sions for carrying out such activities, and (3) 15 percent of income under that amount). signment cannot be accelerated, deferred, in- storage and distribution of the catch from EXPLANATION OF PROVISION creased, or decreased by the recipient. Con- such activities. sistent with these requirements, it is under- The provision modifies the personal hold- For purposes of the provision, the term stood that contracts under structured settle- ing company exclusion for lending or finance ‘‘sanctioned whaling activities’’ means sub- ment arrangements generally contain anti- companies to provide that, in determining sistence bowhead whale hunting activities assignment clauses. It is understood, how- whether a member of an affiliated group (as conducted pursuant to the management plan ever, that injured persons may nonetheless defined in section 1504(a)(1)) filing a consoli- of the Alaska Eskimo Whaling Commission. be willing to accept discounted lump sum dated return is a lending or finance com- EFFECTIVE DATE payments from certain ‘‘factoring’’ compa- pany, only corporations engaged in a lending The provision is effective for taxable years nies in exchange for their payment streams. or finance business are taken into account, ending after December 31, 2000. The tax effect on the parties of these trans- and all such companies are aggregated for actions may not be completely clear under purposes of this determination. The effect of E. TREATMENT OF PURCHASE OF STRUCTURED present law. this rule is to treat a corporation as a lend- SETTLEMENTS (SEC. 705 OF THE BILL AND ing or finance company if all companies en- NEW SEC. 5891 OF THE CODE) EXPLANATION OF PROVISION gaged in a lending or finance business in the PRESENT LAW The provision generally imposes an excise affiliated group, in the aggregate, satisfy the Present law provides tax-favored treat- tax on any person acquiring a payment requirements of the exclusion. ment for structured settlement arrange- stream under a structured settlement ar- The provision also repeals the business ex- ments for the payment of damages on ac- rangement. The amount of the excise tax is pense requirement and the limitation on the count of personal injury or sickness. 40 percent of the excess of (1) the maturity of loans made by a lending or fi- Under present law, an exclusion from gross undiscounted amount of the payment stream nance business. income is provided for amounts received for acquired, over (2) the total amount actually The provision also broadens the definition agreeing to a qualified assignment to the ex- paid. of a lending or finance business to include tent that the amount received does not ex- The 40 percent excise tax does not apply, providing financial or investment advisory ceed the aggregate cost of any qualified however, if the transfer is approved in ad- services, as well as engaging in leasing, in- funding asset (sec. 130). A qualified assign- vance in a final court order (or order of the cluding entering into leases and/or pur- ment means any assignment of a liability to responsible administrative authority) that chasing, servicing, and/or disposing of leases make periodic payments as damages (wheth- finds: (1) that the transaction does not con- and leased assets. er by suit or agreement) on account of a per- travene any Federal or State statute or the Rents that are not derived from the active sonal injury or sickness (in a case involving order of any court or responsible administra- and regular conduct of a lending or finance physical injury or physical sickness), pro- tive authority; and (2) is in the best interest business would continue to be treated under vided the liability is assumed from a person of the payee, taking into account the welfare the present law personal holding company who is a party to the suit or agreement, and and support of the payee’s dependents. Rules income rules. the terms of the assignment satisfy certain are provided for determining the applicable State statute. EFFECTIVE DATE requirements. Generally, these requirements are that (1) the periodic payments are fixed The provision also provides that the acqui- The provision is effective for taxable years sition transaction does not affect the appli- beginning after December 31, 2000. as to amount and time; (2) the payments cannot be accelerated, deferred, increased, or cation of certain present-law rules, if those D. CHARITABLE CONTRIBUTION DEDUCTION FOR decreased by the recipient; (3) the assignee’s rules were satisfied at the time the struc- CERTAIN EXPENSES INCURRED IN SUPPORT OF obligation is no greater than that of the as- tured settlement was entered into. The rules NATIVE ALASKAN SUBSISTENCE WHALING signor; and (4) the payments are excludable are section 130 (relating to an exclusion from (SEC. 704 OF THE BILL AND SEC. 170 OF THE by the recipient under section 104(a)(2) as gross income for personal injury liability as- CODE) damages on account of personal injuries or signments), section 72 (relating to annu- PRESENT LAW sickness. ities), sections 104(a)(1) and (2) (relating to In computing taxable income, individuals A qualified funding asset means an annuity an exclusion for amounts received under who do not elect the standard deduction may contract issued by an insurance company li- workers’ compensation acts and for damages claim itemized deductions, including a de- censed in the U.S., or any obligation of the on account of personal physical injuries or duction (subject to certain limitations) for United States, provided the annuity contract physical sickness), and section 461(h) (relat- charitable contributions or gifts made dur- or obligation meets statutory requirements. ing to the time of economic performance in ing the taxable year to a qualified charitable An annuity that is a qualified funding asset determining the taxable year of a deduc- organization or governmental entity (sec. is not subject to the rule requiring current tion). 170). Individuals who elect the standard de- inclusion of the income on the contract EFFECTIVE DATE duction may not claim a deduction for chari- which generally applies to annuity contract The provision generally is effective for ac- table contributions made during the taxable holders that are not natural persons (e.g., quisition transactions entered into on or year. corporations) (sec. 72(u)(3)(C)). In addition, after 30 days following enactment. A transi- No charitable contribution deduction is al- when the payments on the annuity are re- tion rule applies during the period from that lowed for a contribution of services. How- ceived by the structured settlement com- date to July 1, 2002. If no applicable State ever, unreimbursed expenditures made inci- pany and included in income, the company law (relating to the best interest of the dent to the rendition of services to an orga- generally may deduct the corresponding pay- payee) applies to a transfer during that pe- nization, contributions to which are deduct- ments to the injured person, who, in turn, riod, then the exception from the 40 percent S9746 CONGRESSIONAL RECORD — SENATE October 3, 2000 excise tax is available without the otherwise proach to achieving that goal. I ask the state, as do examples of the first required court (or administrative) order, pro- unanimous consent that a copy of the expansion in the 1830s. Together they vided certain disclosure requirements are bill be printed in the RECORD. show us one of the first great public met. Under the transition rule, the person There being no objection, the bill was works projects in this country, the acquiring the structured settlement pay- ments is required to disclose in advance to ordered to be printed in the RECORD, as means by which many thousands of the payee: (1) the amounts and due dates of follows: settlers moved west and many tons of the payments to be transferred; (2) the ag- S. 3153 food and raw materials moved east. gregate amount to be transferred; (3) the Be it enacted by the Senate and House of Rep- The Erie Canal created the first effec- consideration to be received by the payee; (4) resentatives of the United States of America in tive means of interstate commerce in the discounted present value of the trans- Congress assembled, the nation and realigned the relation- ferred payments; and (5) the expenses to be SECTION 1. CONVEYANCE OF AIR FORCE PROP- ship among regions. In conjunction paid by the payee or deducted from the pay- ERTY TO ROOSEVELT GENERAL HOS- with the Hudson River it fueled the ee’s proceeds. PITAL, PORTALES, NEW MEXICO. growth of New York City. Put simple, The provision providing that the acquisi- (a) AUTHORITY.—The Secretary of the Air New York would not have become the tion transaction does not affect the applica- Force is authorized to convey to the Roo- tion of certain present-law rules is effective Empire State without it. sevelt General Hospital, Portales, New Mex- The canal today is primarily a rec- for transactions entered into before, on, or ico, without consideration, and without re- after the 30th day following enactment. gard to title II of the Federal Property and reational resource. Thanks to the Administrative Services Act of 1949, all Great Lakes Water Quality Agreement By Mr. DOMENICI: right, title, and interest of the United States of 1972, the water flowing out of Lake S. 3153. A bill to authorize the Sec- in any personal property of the Air Force Erie is much cleaner than it once was, retary of the Air force to convey cer- that the Secretary determines— making boating and recreation along tain excess personal property of the Air (1) is appropriate for use by the Roosevelt the canal much more enjoyable. Today force to Roosevelt General Hospital, General Hospital in the operation of that my colleague Senator SCHUMER and I Portales, New Mexico; to the Com- hospital; and are introducing a bill that would estab- mittee on Armed Services. (2) is excess to the needs of the Air Force. (b) ADDITIONAL TERMS AND CONDITIONS.— lish the Erie Canalway National Herit- CONVEYANCE OF AIR FORCE PROPERTY TO ROO- The Secretary may require any additional age Corridor. The National Park Serv- SEVELT GENERAL HOSPITAL, PORTALES, NEW terms and conditions in connection with any ice conducted a special resource study MEXICO conveyance under subsection (a) that the and found that the canal system ‘‘con- Mr. DOMENICI. Mr. President, I rise Secretary considers appropriate to protect tains resources and represents themes today to introduce legislation of im- the interests of the United States. that are of national significance.’’ portance to military members serving Moreover, ‘‘no single unit (of the Park at Cannon Air Force Base and the com- Mr. MOYNIHAN (for himself and Service) now exists that can offer as munity serving that Air Force Base. Mr. SCHUMER): complete a portrait of the development This bill would allow the Secretary of S. 3154. A bill to establish the Erie of the United States from the last part the Air Force to convey hospital equip- Canalway National Heritage Corridor of the 18th through the early 20th cen- ment from a closed hospital facility at in the State of New York, and for other turies.’’ Cannon to a new public hospital in purposes; to the Committee on Energy This designation would provide Park Portales, New Mexico. and Natural Resources. Service resources and some funding This is another win-win possibility ERIE CANAL NATIONAL HERITAGE CORRIDOR that would help improve education, for the local Air Force personnel and Mr. MOYNIHAN. Mr. President, in historic preservation, open space pro- the surrounding community. The hos- April, 1808, Secretary of the Treasury tection, and trail development along pital at Cannon Air Force Base was Albert Gallatin proposed to the Senate the canal corridor. I believe it would be closed several years ago. However, the a national system of roads and canals, a great benefit for those cities, towns, equipment remains at that facility and an idea feasible because payment of the and residents along the canal system. I has been collecting dust since the fa- National debt was within reach. It was also believe no other corridor deserves cility’s closure. a time for thinking big. A canal be- this designation as much. I ask my col- A new, state-of-the-art hospital is tween the Hudson River and Lake Erie leagues for their support, and I ask now being built to serve Roosevelt was one of his recommendations. As as- that the text of the bill be printed in County citizens. While the County has semblyman from Onondaga County, the RECORD. taken tremendous strides towards es- Joshua Forman, traveled to Wash- There being no objection, the bill was tablishing a first-rate hospital, excess ington to tell President Jefferson that ordered to be printed in the RECORD, as equipment from the Air Force Base New York was ready to proceed with a follows: would help ameliorate immediate costs canal 350 miles through the wilderness. S. 3154 of fully equipping the new hospital. In Jefferson said ‘‘. . . it is little short of Be it enacted by the Senate and House of Rep- addition, service members and their madness to think of it at this day,’’ resentatives of the United States of America in families who reside in Portales will and later wrote that New York had an- Congress assembled, certainly make use of the new hospital ticipated by a full century the means SECTION 1. SHORT TITLE; DEFINITIONS. facility in their area. to build such a waterway. (a) SHORT TITLE.—This Act may be cited as The Wing Commander and Medical New York proceeded on its own. Sev- the ‘‘Erie Canalway National Heritage Cor- ridor Act of 2000’’. Commander at Cannon Air Force Base enteen years and $7,143,789 later we had (b) DEFINITIONS.—For the purposes of this agree that this is a beneficial arrange- our canal, the Erie Canal. Towns Act, the following definitions shall apply: ment. They have met with local com- sprang up along the way, often at the (1) ERIE CANALWAY.—The term ‘‘Erie munity leaders and civilian hospital locks, and prospered. Lockport, Canalway’’ shall mean the 524 miles of navi- administrators to carefully review Spencerport, Fairport, Macedon, Utica, gable canal that comprise the New York what equipment from the closed Air Canajoharie, Scotia. Then the railroads State Canal System, including the Erie, Ca- Force facility should be transferred to came, and some could not maintain yuga and Seneca, Oswego and Champlain ca- nals, as well as, the historic alignments of the new community hospital. Everyone that prosperity. The canal was rebuilt these canals including the cities of Albany agrees that this is a positive action to and enlarged between 1835 and 1862 to and Buffalo. strengthen relations and provide better accommodate larger vessels. At the (2) CANALWAY PLAN.—The term ‘‘Canalway medical care for both civilian and mili- turn of the 20th century much of the Plan’’ shall mean the comprehensive preser- tary community members. original channel was abandoned and a vation and management plan for the Cor- Mr. President, the Air Force is striv- new one was created by greatly alter- ridor required under section 6. ing to explore novel, beneficial ar- ing natural waterways. This canal sys- (3) COMMISSION.—The term ‘‘Commission’’ rangements with local civilian commu- tem continued to support considerable shall mean the Erie Canalway National Her- itage Corridor Commission established under nities to provide medical care for its freight traffic until the opening of the section 4. personnel. This bill, which is entirely St. Lawrence Seaway in 1959. (4) CORRIDOR.—The term ‘‘Corridor’’ shall discretionary, but would expedite the Today many segments and fragments mean the Erie Canalway National Heritage process, is an easy, common sense ap- of the original canal still exist across Corridor established under section 3. October 3, 2000 CONGRESSIONAL RECORD — SENATE S9747

(5) GOVERNOR.—The term ‘‘Governor’’ shall SEC. 3. THE ERIE CANALWAY NATIONAL HERIT- term of two years and seven shall be for a mean the Governor of the State of New AGE CORRIDOR. term of three years. Any member of the York. (a) ESTABLISHMENT.—To carry out the pur- Commission appointed for a definite term (6) SECRETARY.—The term ‘‘Secretary’’ poses of this act there is established the Erie may serve after expiration of the term until shall mean the Secretary of the Interior. Canalway National Heritage Corridor in the the successor of the member is appointed. SEC. 2. FINDINGS AND PURPOSES. State of New York. Any member appointed to fill a vacancy (a) FINDINGS.—The Congress finds that— (b) BOUNDARIES.—The boundaries of the shall serve for the remainder of the term for (1) the year 2000 marks the 175th Anniver- Corridor shall include those lands generally which the predecessor was appointed. Any sary of New York State’s creation and stew- depicted on a map entitled ‘‘Boundaries of vacancy on the Commission shall be filled in ardship of the Erie Canalway for commerce, Canalway Communities’’ numbered ERCA the same manner in which the original ap- transportation and recreational purposes, es- llll and dated llll. This map shall be pointment was made. tablishing the network which made New on file and available for public inspection in (d) COMPENSATION.—Members of the Com- York the ‘‘Empire State’’ and the Nation’s the appropriate office of the National Park mission shall receive no compensation for premier commercial and financial center; Service, the office of the Commission, and their service on the Commission. Members of (2) the canals and adjacent areas that com- the office of the New York State Canal Cor- the Commission, other than employees of the prise the Erie Canalway are a nationally sig- poration in Albany, New York. State and Canal Corporation, while away nificant resource of historic and recreational (c) BOUNDARY REVISIONS.—The boundaries from their homes or regular places of busi- value, which merit Federal recognition and of the Corridor may be revised by an amend- ness to perform services for the Commission, assistance; ment to this Act pursuant to the request of shall be allowed travel expenses, including (3) the Erie Canalway was instrumental in the Secretary upon approval of the Commis- per diem in lieu of subsistence, in the same the establishment of strong political and cul- sion. manner as persons employed intermittently tural ties between New England, upstate (d) OWNERSHIP AND OPERATION OF THE NEW in government service are allowed under sec- New York and the old Northwest and facili- YORK STATE CANAL SYSTEM.—Nothing in this tion 5703 of title 5, United States Code. (e) ELECTION OF OFFICES.—The Commission tated the movement of ideas and people en- Act shall be construed to alter the owner- shall elect the chairperson and the vice suring that social reforms like the abolition ship, operation, or management of the New York State Canal System. chairperson on an annual basis. The vice of slavery and the women’s rights movement chairperson shall serve as the chairperson in spread across upstate New York to the rest SEC. 4. THE ERIE CANALWAY NATIONAL HERIT- AGE CORRIDOR COMMISSION. the absence of the chairperson. of the country; (f) QUORUM AND VOTING.—Fourteen mem- (4) the construction of the Erie Canalway (a) ESTABLISHMENT.—There is established the Erie Canalway National Heritage Cor- bers of the Commission shall constitute a was considered a supreme engineering feat, quorum but a lesser number may hold hear- and most American canals were modeled ridor Commission. The purpose of the Com- mission shall be— ings. Any member of the Commission may after New York State’s canal; vote by means of a signed proxy exercised by (1) to work with Federal, State and local (5) at the time of construction, the Erie another member of the Commission, how- authorities to develop and implement the Canalway was the largest public works ever, any member voting by proxy shall not Canalway Plan; and project ever undertaken by a state, resulting be considered present for purposes of estab- (2) to foster the integration of canal-re- in the creation of critical transportation and lishing a quorum. For the transaction of any commercial routes to transport passengers lated historical, cultural, recreational, sce- business or the exercise of any power of the and goods; nic, economic and community development Commission, the Commission shall have the (6) the Erie Canalway played a key role in initiatives within the Corridor. power to act by a majority vote of the mem- EMBERSHIP.—The Commission shall be turning New York City into a major port and (b) M bers present at any meeting at which a New York State into the preeminent center composed of 27 members as follows: quorum is in attendance. for commerce, industry, and finance in North (1) The Secretary of the Interior, ex-officio (g) MEETINGS.—The Commission shall meet America and provided a permanent commer- or his/her designee. at least quarterly at the call of the chair- cial link between the Port of New York and (2) Seven members, each of whom rep- person or 14 of its members. Notice of Com- the cities of eastern Canada, a cornerstone of resents 1 of the following agencies or those mission meetings and agendas for the meet- the peaceful relationship between the two agencies’ successors: The New York State ings shall be published in local newspapers countries; Secretary of State, the Commissioners of the throughout the Corridor. Meetings of the (7) the Erie Canalway proved the depth and New York State Department of Environ- Commission shall be subject to section 552b force of American ingenuity, solidified a na- mental Conservation, the New York State of title 5, United States Code (relating to tional identity, and found an enduring place Office of Parks, Recreation and Historic open meetings). in American legend, song, and art; Preservation, the New York State Depart- (h) POWERS OF THE COMMISSION.—To the ex- (8) there is national interest in the preser- ment of Agriculture and Markets, the New tent that Federal funds are appropriated, the vation and interpretation of the Erie York State Department of Transportation, Commission is authorized— Canalway’s important historical, natural, and the Chairpersons of the New York State (1) to procure temporary and intermittent cultural, and scenic resources; and Canal Corporation, and the Empire State De- services and administrative facilities at (9) partnerships among Federal, State, and velopment Corporation; or their respective rates determined to be reasonable by the local governments and their regional enti- designees. Commission to carry out the responsibilities ties, nonprofit organizations, and the private (3) The remaining 19 members who reside of the Commission; sector offer the most effective opportunities within the Corridor and are geographically (2) to request and accept the services of for the preservation and interpretation of dispersed throughout the Corridor shall be personnel detailed from the State of New the Erie Canalway. from local governments and the private sec- York or any political subdivision, and to re- (b) PURPOSES.—The purposes of this Act tor with knowledge of tourism, economic and imburse the State or political subdivision for are— community development, regional planning, such services; (1) to designate the Erie Canalway Na- historic preservation, cultural or natural re- (3) to request and accept the services of tional Heritage Corridor; source management, conservation, recre- any Federal agency personnel, and to reim- (2) to provide for and assist in the identi- ation, and education or museum services. burse the Federal agency for such services; fication, preservation, promotion, mainte- These members will be appointed by the Gov- (4) to appoint and fix the compensation of nance and interpretation of the historical, ernor no later than 6 months after the date staff to carry out its duties; natural, cultural, scenic, and recreational re- of enactment of this Act as follows: (5) to enter into cooperative agreements sources of the Erie Canalway in ways that (A) Ten members based on a recommenda- with the State of New York, with any polit- reflect its national significance for the ben- tion from each member of the United States ical subdivision of the State, or any person efit of current and future generations; House of Representatives whose district for the purposes of carrying out the duties of (3) to promote and provide access to the shall encompass the Corridor. Each shall be the Commission; Erie Canalway’s historical, natural, cultural, a resident of the district from which they (6) to make grants to assist in the prepara- scenic and recreational resources; shall be recommended. tion and implementation of the Canalway (4) to provide a framework to assist the (B) Two members based on a recommenda- Plan; State of New York, its units of local govern- tion from each United States Senator from (7) to seek, accept, and dispose of gifts, be- ment, and the communities within the Erie New York State. quests, grants, or donations of money, per- Canalway in the development of integrated (C) Seven members who shall be residents sonal property, or services, received from cultural, historical, recreational, economic, of any county constituting the Corridor. One any source; øFor purposes of section 170(c) of and community development programs in such member shall be a member of the Canal the Internal Revenue Code of 1986, any gift order to enhance and interpret the unique Recreationway Commission other than an to the Commission shall be deemed to be a and nationally significant resources of the ex-officio member. gift to the United States.¿ Erie Canalway; and (c) APPOINTMENTS AND VACANCIES.—Mem- (8) to assist others in developing edu- (5) to authorize Federal financial and tech- bers of the Commission other than ex-officio cational, informational, and interpretive nical assistance to the Commission to serve members shall be appointed for terms of 3 programs and facilities, and other such ac- these purposes for the benefit of the people years. Of the original appointments, six shall tivities that may promote the implementa- of the State of New York and the nation. be for a term of one year, six shall be for a tion of the Canalway Plan; S9748 CONGRESSIONAL RECORD — SENATE October 3, 2000 (9) to hold hearings, sit and act at such (6) ensuring that clear, consistent signs prove or disapprove the Canalway Plan not times and places, take such testimony, and identifying access points and sites of interest later than 90 days after receiving the receive such evidence, as the Commission are put in place in the Corridor. Canalway Plan. may consider appropriate; øThe Commission (c) ANNUAL REPORTS AND AUDITS.—For any (c) DISAPPROVAL OF CANALWAY PLAN.—If may not issue subpoenas or exercise any sub- year in which Federal funds have been re- the Secretary or the Governor do not ap- poena authority.¿ ceived under this Act, the Commission shall prove the Canalway Plan, the Secretary or (10) to use the United States mails in the submit an annual report and shall make the Governor shall advise the Commission in same manner as other departments or agen- available an audit of all relevant records to writing within 90 days the reasons therefor cies of the United States; the Governor and the Secretary identifying and shall indicate any recommendations for (11) to request and receive from the Admin- its expenses and any income, the entities to revisions. Following completion of any nec- istrator of General Services, on a reimburs- which any grants or technical assistance essary revisions of the Canalway Plan, the able basis, such administrative support serv- were made during the year for which the re- Secretary and the Governor shall have 90 ices as the Commission may request; and port was made, and contributions by other days to either approve or disapprove of the (12) to establish such advisory groups as parties toward achieving Corridor purposes. revised Canalway Plan. (d) AMENDMENTS TO CANALWAY PLAN.—The the Commission deems necessary. SEC. 6. CANALWAY PLAN. Secretary and the Governor shall review sub- (i) ACQUISITION OF PROPERTY.—Except as (a) CANALWAY PLAN REQUIREMENTS.—The provided for leasing administrative facilities stantial amendments to the Canalway Plan. Canalway Plan shall— Funds appropriated pursuant to this Act under subsection (h)(1), the Commission may (1) include a review of existing plans for not acquire any real property or interest in may not be expended to implement the the Corridor, including the Canal changes made by such amendments until the real property. Recreationway Plan and Canal Revitaliza- (j) TERMINATION.—The Commission and Secretary and the Governor approves the tion Program, and incorporate them to the amendments. this Act shall terminate on the day occur- extent feasible to ensure consistency with SEC. 7. DUTIES OF THE SECRETARY. ring 10 years after the date of the enactment local, regional and state planning efforts; (a) IN GENERAL.—The Secretary is author- of this Act. (2) provide a strategy for the thematic in- ized to assist the Commission in the prepara- SEC. 5. DUTIES OF THE COMMISSION. ventory, survey, and evaluation of historic tion of the Canalway Plan with a focus on (a) PREPARATION OF CANALWAY PLAN.—Not properties that should be conserved, re- the comprehensive interpretive plan as re- later than 3 years after the Commission re- stored, developed, or maintained because of quired under section 6(a)(4). ceives Federal funding for this purpose, the their natural, cultural, or historic signifi- (b) TECHNICAL ASSISTANCE.—Pursuant to an Commission shall prepare and submit a com- cance within the Corridor in accordance with approved Canalway Plan, the Secretary is prehensive preservation and management the regulations for the National Register of authorized to enter into cooperative agree- Canalway Plan for the Corridor to the Sec- Historic Places; ments with, provide technical assistance to retary and the Governor for review and ap- (3) identify public and private-sector pres- and award grants to the Commission to pro- proval. In addition to the requirements out- ervation goals and strategies for the Cor- vide for the preservation and interpretation lined for the Canalway Plan in section 6, the ridor; of the natural, cultural, historical, rec- Canalway Plan shall incorporate and inte- (4) include a comprehensive interpretive reational, and scenic resources of the Cor- grate existing Federal, State, and local plans plan that identifies, develops, supports, and ridor. to the extent appropriate regarding historic enhances interpretation and education pro- (c) EARLY ACTIONS.—After the date of the preservation, conservation, education and in- grams within the Corridor that may enactment of this Act, but prior to approval terpretation, community development, and include— of the Canalway Plan, with the approval of tourism-related economic development for (A) research related to the construction the Commission, the Secretary may provide the Corridor that are consistent with the and history of the canals and the cultural technical and financial assistance for early purposes of this Act. The Commission shall heritage of the canal workers, their families, actions that are important to the purposes of solicit public comment on the development those that traveled along the canals, the as- this Act and that protect and preserve re- of the Canalway Plan. sociated farming activities, the landscape, sources and to undertake an educational and (b) IMPLEMENTATION OF CANALWAY PLAN.— and the communities; interpretive program of the story and his- After the Commission receives Federal fund- (B) documentation of and methods to sup- tory of the Erie Canalway. ing for this purpose, and after review and port the perpetuation of music, art, poetry, (d) CANALWAY PLAN IMPLEMENTATION.— upon approval of the Canalway Plan by the literature and folkways associated with the Upon approval of the Canalway Plan, the Secretary and the Governor, the Commission canals; and Secretary is authorized to implement those shall— (C) educational and interpretative pro- activities that the Canalway Plan has identi- (1) undertake actions to implement the grams related to the Erie Canalway devel- fied that are the responsibility of the Sec- Canalway Plan so as to assist the people of oped in cooperation with State and local retary or agent of the Secretary to under- the State of New York in enhancing and in- governments, educational institutions, and take in the implementation of the Canalway terpreting the historical, cultural, edu- non-profit institutions; Plan. cational, natural, scenic, and recreational (5) include a strategy to further the rec- (e) DETAIL.—Each fiscal year during the ex- potential of the Corridor identified in the reational development of the Corridor that istence of the Commission and upon the re- Canalway Plan; and will enable users to uniquely experience the quest of the Commission, the Secretary shall (2) support public and private efforts in canal system; detail to the Commission, on a nonreimburs- conservation and preservation of the (6) propose programs to protect, interpret able basis, 2 employees of the Department of Canalway’s cultural and natural resources and promote the Corridor’s historical, cul- the Interior to enable the Commission to and economic revitalization consistent with tural, recreational, educational, scenic and carry out the Commission’s duties with re- the goals of the Canalway Plan. natural resources; gard to the preparation and approval of the (c) PRIORITY ACTIONS.—Priority actions (7) include a plan to inventory canal re- Canalway Plan. Such detail shall be without which may be carried out by the Commission lated natural, cultural and historic sites and interruption or loss of civil service status, under subsection (b) may include— resources located in the Area; benefits, or privileges. (1) assisting in the appropriate preserva- (8) recommend Federal, State, and local (f) REPORT.—Not later than 2 years after tion treatment of the remaining elements of strategies and policies to support economic the approval of the Canalway Plan, the Sec- the original Erie Canal; development, especially tourism-related de- retary shall submit to Congress a report rec- (2) assisting the National Park Service, the velopment and recreation, consistent with ommending whether the educational/inter- State, and local governments, and nonprofit the purposes of the Corridor; pretive sites identified by the Commission organizations in designing, establishing and (9) develop criteria and priorities for finan- meet the criteria for designation as a unit of maintaining visitor centers, museums, and cial preservation assistance; the National Park System as required by other interpretive exhibits in the Corridor; (10) identify and foster strong cooperative Public Law 105–391 (112 Stat. 3501; 16 (3) assisting in the public awareness and relationships between the National Park U.S.C.1a–5 note). appreciation for the historic, cultural, nat- Service, the New York State Canal Corpora- SEC. 9. DUTIES OF OTHER FEDERAL ENTITIES. ural, scenic, and recreational resources and tion, other Federal and State agencies, and Any Federal entity conducting or sup- sites in the Corridor; non-governmental organizations; porting any activity directly affecting the (4) assisting the State of New York, local (11) recommend specific areas to the Na- Corridor, and any unit of government acting governments, and nonprofit organizations in tional Park Service for development of inter- pursuant to a grant of Federal funds or a the preservation and restoration of any his- pretive, educational, and technical assist- Federal permit or agreement conducting or toric building, site, or district in the Cor- ance centers associated with the Corridor; supporting such activities, may— ridor; and (1) consult with the Secretary and the (5) encouraging, by appropriate means, en- (12) contain a program for implementation Commission with respect to such activities; hanced economic development in the Cor- of the Canalway Plan by all necessary par- (2) cooperate with the Secretary and the ridor consistent with the goals of the ties. Commission in carrying out their duties Canalway Plan and the purposes of this Act; (b) APPROVAL OF THE CANALWAY PLAN.— under this Act and coordinate such activities and The Secretary and the Governor shall ap- with the carrying out of such duties; and October 3, 2000 CONGRESSIONAL RECORD — SENATE S9749 (3) conduct or support such activities in a The deeds of Oskar Schindler, a Ger- has also been awarded France’s top ci- manner consistent with the Canalway Plan man factory owner immortalized by vilian honor, the ‘‘Croix de Chevalier unless the Federal entity, after consultation such authors as Thomas Keneally and de la Legion d’Honneur.’’ Yet sadly, with the Secretary and the Commission, de- film maker Steven Spielberg, have in- Varian Fry’s heroism and bravery have termines there is no practicable alternative. spired millions of people around the yet to be officially recognized by the SEC. 10. SAVINGS PROVISIONS. world. During the Nazi occupation of American government. (a) AUTHORITY OF GOVERNMENTS.—Nothing in this Act shall be construed to modify, en- Poland, Mr. Schindler put his life on Mr. President, the Talmud states large, or diminish any authority of the Fed- the line and demonstrated that one that, ‘‘Whoever saves a single life saves eral, State, or local governments to regulate person truly can make a world of dif- the world entire.’’ As we are left to any use of land as provided for by law or reg- ference. Mr. Schindler acquired an wonder and mourn what the world has ulation. enamelware factory in Zablocie, on the lost in the lives of those who perished (b) ZONING OR LAND.—Nothing in this Act outskirts of Krakow. The factory, during the Holocaust, we rejoice in the shall be construed to grant powers of zoning which produced mess kits and field company and contributions of their or land use to the Commission. survivors. We are enriched not only by (c) LOCAL AUTHORITY AND PRIVATE PROP- kitchenware for the Nazi army, was the presence of the survivors, but by ERTY.—Nothing in this Act shall be con- staffed by Jews drawn from the strued to affect or to authorize the Commis- Krakow ghetto. When the Jews of the example that Oskar Schindler and sion to interfere with— Krakow were transferred to the Varian Fry set for all of Humanity. (1) the rights of any person with respect to Plaszow concentration camp, Schindler Their actions are a testament to the private property; arranged for his workers to be housed ability of all people to act righteously (2) any local zoning ordinance or land use at the factory. After the factory was and courageously even under the worst plan of the State of New York or political disbanded and the workers sent to the of circumstances. subdivision thereof; or The heroic deeds of Oskar Schindler (3) any State or local canal related devel- camp, Schindler used his connections and personal fortune to secure their re- and Varian Fry are sterling examples opment plans including but not limited to of heroism and humanitarianism. It is the Canal Recreationway Plan and the Canal lease and transfer. Revitalization Program. Through his cunning and persever- time the United States government (d) FISH AND WILDLIFE.—The designation of ance in the face of adversity, Oskar recognize and pay tribute to these men the Corridor shall not diminish the author- Schindler succeeded in saving the lives and the noble deeds they performed. ity of the State of New York to manage fish of over 1,200 Jews. One of the individ- Oskar Schindler and Varian Fry are and wildlife, including the regulation of fish- uals whom Schindler saved was Abra- highly deserving of the Congressional ing and hunting within the Corridor. ham Zuckerman, a constituent of mine Gold Medal. I sincerely hope that the SEC. 11. AUTHORIZATION OF APPROPRIATIONS. and a great American in his own right. 106th Congress will take up and pass (a) IN GENERAL.— this resolution. (1) CORRIDOR.—There is authorized to be Mr. Zuckerman knows perhaps better than anyone else what a heroic indi- Mr. President, I ask unanimous con- appropriated for the Corridor not more than sent that the text of the bill be printed $1,000,000 for any fiscal year, to remain avail- vidual Oskar Schindler was. As a build- in the RECORD able until expended. Not more than a total of er, Mr. Zuckerman, along with other . There being no objection, the bill was $10,000,000 may be appropriated for the Cor- Schindler survivors, have honored ordered to be printed in the RECORD, as ridor under this Act. Oskar Schindler with over 20 Schindler follows: (2) COMMISSION.—Additionally, there is au- Courts, Terraces and Plazas through- thorized to be appropriated to the Commis- S. 3155 sion not more than $250,000 annually to carry out New Jersey. Oskar Schindler was named a ‘‘Right- Be it enacted by the Senate and House of Rep- out the duties of the Commission. resentatives of the United States of America in (b) OTHER FUNDING.—In addition to the eous Gentile’’ by Yad Vashem, the Congress assembled, sums authorized in subsection (a), there are Israeli Holocaust Remembrance Au- SECTION 1. FINDINGS. authorized to be appropriated to the Sec- thority, on April 28, 1962. Today, over The Congress makes the following findings: retary of the Interior such sums as are nec- 6,000 descendants of the Jews saved by (1) More than 13,000,000 people were killed essary for the Secretary to undertake in- Schindler live in the United States and during the Holocaust, including Jews, Gyp- terim actions the Secretary is authorized to Europe. I think it is high time that the sies, Slavs (Poles, Ukrainians, and Belo- undertake and that are necessary for the russians), homosexuals, and the disabled— Secretary of the Interior to implement the United States government officially recognize Oskar Schindler’s incredible each exterminated because Adolf Hitler responsibilities of the Department of the In- viewed them as ‘‘subhuman’’ to the Aryan terior outlined in the Canalway Plan. contribution to humanity. Awarding race. him the Congressional Gold Medal is a (2) Nazi persecution, arrests, and deporta- By Mr. LAUTENBERG: fitting way to pay tribute to a man tions were directed against all Jewish fami- S. 3155. A bill to authorize the Presi- who touched the lives of so many peo- lies, as well as many others, without concern dent to award a gold medal on behalf of ple from all over the world. for age. Innocent men, women, and children the Congress to Oskar Schindler and Another remarkable individual who faced starvation, illness, brutal labor, and Varian Fry in recognition of their con- overcame adversity and acted with ex- other indignities until they were consigned tributions to the Nation and humanity; traordinary courage is Varian Fry, an to the gas chambers. to the Committee on Banking, Hous- American editor from New York. Dur- (3) When Germany invaded Poland in 1939, destruction began immediately and in a mer- ing, and Urban Affairs. ing World War II, Mr. Fry volunteered ciless fashion. Jews were herded into crowd- HONORING OSKAR SCHINDLER AND VARIAN FRY to travel to Nazi-occupied Marseilles, ed ghettos, randomly beaten, humiliated, WITH CONGRESSIONAL GOLD MEDALS France, where he helped form the and capriciously murdered. Jewish property Mr. LAUTENBERG. Mr. President, I Emergency Rescue Committee. Work- and businesses were summarily destroyed, or am pleased to submit a resolution hon- ing with a small group of associates, appropriated by the SS, and sold to Nazi ‘‘in- oring Oskar Schindler and Varian Fry, Mr. Fry offered assistance to Jews and vestors’’, one of whom was Oskar Schindler. two individuals to whom approxi- antifascist refugees threatened with (4) Oskar Schindler set up a business in an mately 3,200 individuals owe their lives extradition to Nazi Germany under the old enamel works factory in Poland. His workforce consisted of enslaved Jews from and the world owes a tremendous debt ‘‘Surrender on Demand’’ clause of the the Krakow Ghetto. Schindler learned of the of gratitude. Franco-German Armistice. horrible atrocities committed by Hitler’s re- The tragedy of the Holocaust, which Varian Fry was instrumental in the gime as he got to know some of the forced claimed the lives of more than 13 mil- rescue of approximately 2,000 individ- workers there. In response, he managed to lion people, will forever stand as a uals, including artists Marc Chaggal, convince the Nazis that his factory, and painful reminder of the frailty and Andre Breton and Max Ernst. Mr. Fry more importantly, its trained workers, were value of human life. During this dark was the first American to be awarded vital to the German war effort, thus pre- hour of history, two remarkable indi- the ‘‘Certificate of Honor’’ and the venting their deportation to death camps. viduals among many other heroes, ‘‘Righteous among Nations’’ medal by (5) Oskar Schindler used all of the means at his disposal to ensure the safety of those Oskar Schindler and Varian Fry, over- Yad Vashem in 1996. The United States who worked in his factory. Even his wife came difficult and dangerous cir- Holocaust Memorial Council honored Emilie’s jewels were sold, to buy food, cumstances and risked their lives to Mr. Fry with its highest honor, the Ei- clothes, and medicine for the workers. A se- save their fellow human beings. senhower Liberation Medal in 1991. He cret sanatorium was set up in the factory S9750 CONGRESSIONAL RECORD — SENATE October 3, 2000 with medical equipment purchased on the SEC. 4. STATUS AS NATIONAL MEDALS. owners to alter or destroy endangered black market. There, Emilie Schindler The medals struck pursuant to this Act are species habitat under a long-term looked after the sick and wounded. national medals for purposes of chapter 51 of unmodifiable permit. The bill requires (6) Even though Oskar Schindler had a title 31, United States Code. the best available science, invites more large mansion placed at his disposal close to SEC. 5. FUNDING. the factory, he spent every night in his office public participation, and requires (a) AUTHORITY TO USE FUND AMOUNTS.— adaptive management for development so that he could intervene should the Ge- There is authorized to be charged against the stapo pay a visit. He was detained by the Ge- United States Mint Public Enterprise Fund permit. The developer files a perform- stapo twice, but used his connections to get an amount not to exceed $30,000 to pay for ance bond to cover the costs of all rea- released. the cost of the medals authorized by this sonably foreseeable circumstances (7) With his own life at stake, Schindler Act. (such as wildfires, plant diseases, and employed all his powers of persuasion. He (b) PROCEEDS OF SALE.—Amounts received other natural events that can have dev- bribed, fought, and begged to save Jewish from the sale of duplicate bronze medals astating impacts on weakened popu- men, women, and children from the gas under section 3 shall be deposited in the lations of wildlife). Then a Habitat chambers. United States Mint Public Enterprise Fund. (8) Oskar Shindler saved the lives of 1,200 Conservation Plan Trust Fund is estab- Jews from deportation to Nazi death camps. Mr. LAUTENBERG (for himself, lished to cover all other unforeseeable costs—a safety net for landowners and (9) On April 28, 1962, Oskar Schindler was Mrs. BOXER, Mr. KENNEDY, Mr. named a ‘‘Righteous Gentile’’ by Yad species—while allowing changes to the WELLSTONE, Mr. DODD, Mr. Vashem. permit when needed to protect species. MOYNIHAN, Mr. SCHUMER, Mr. (10) Varian Fry, together with a small The bill also encourages ecosystem KERRY, Mr. TORRICELLI, Mr. group of unlikely associates, succeeded in as- planning on a regional basis, through LEAHY, and Mr. REID): sisting nearly 2,000 artists, musicians, writ- multi-species, multi-landowner plans, ers, scholars, politicians, labor leaders, and S. 3156. A bill to amend the Endan- which is essential since ecosystems do their families to leave hostile territories in gered Species Act of 1973 to ensure the not run along political boundaries. The France, either legally or illegally. This ef- recovery of the declining biological di- bill encourages cooperation between fort came to be called the ‘‘Emergency Res- versity of the United States, to reaf- various levels of government and dif- cue Committee’’. firm and strengthen the commitment (11) Varian Fry offered aid and advice to ferent jurisdictions, by allowing groups of the United States to protect wildlife, Jews and antifascist refugees who found of private landowners to pool re- to safeguard the economic and ecologi- themselves threatened with extradition to sources, and allowing local govern- cal future of children of the United Nazi Germany under Article 19 of the Fran- ments to administer habitat plans. The co-German Armistice—the ‘‘Surrender on States, and to provide certainty to bill streamlines the permit process and Demand clause’’. local governments, communities, and establishes an Office of Technical As- (12) Though risking his personal security individuals in their planning and eco- sistance. The bill also allows small in the face of both Gestapo and Vichy offi- nomic development efforts; to the landowners that have a minimal im- cials, Fry did what was necessary to save as Committee on Environment and Public many of the refugees as possible. pact on endangered species to benefit Works. (13) Varian Fry aided in the rescue of near- from a quick and easy permit process ly 2,000 individuals, including artists Marc ENDANGERED SPECIES RECOVERY ACT and to receive planning assurances. Chaggall, Andre Breton, and Max Ernst. Mr. LAUTENBERG. Mr. President, I The bill clarifies the standards for (14) The United States Holocaust Memorial rise to introduce the Endangered Spe- approving federal actions that may im- Council awarded Varian Fry its highest cies Recovery Act. The bill will update pact endangered or threatened species. honor, the Eisenhower Liberation Medal in the original Endangered Species Act, 1991. Under the existing law, pesticide appli- (15) In 1996, Yad Vashem posthumously provide tax and other incentives for cation, river damming, forest honored Fry as the first American ‘‘Right- landowners, and help increase the num- clearcutting, and other habitat de- eous Among the Nations’’, and the French ber of species that are recovered and struction are judged by their impact on government awarded him the Croix de Chev- taken off the protected list. The bill the survival of imperiled wildlife. The alier de la Legion d’Honneur. has been endorsed by the 380 conserva- bill requires that taxpayer-funded ac- (16) The actions of Oskar Schindler and tion, religious, and scientific organiza- tivities must not reduce the likelihood Varian Fry serve as testimony to all people tions that belong to the Endangered of recovery. In addition, the bill im- that even under the worst of circumstances, Species Coalition. the most ordinary of us can act coura- proves the chances for recovery by geously. Public support for strong endangered identifying specific management ac- (17) Oskar Schindler and Varian Fry are species protection is high. Also, a ma- tions and biological criteria in recov- true heroes and humanitarians, deserving of jority of the nation’s biologists are ery plans, placing deadlines on final re- honor by the United States Government. convinced that a mass extinction of covery plans, and encouraging federal SEC. 2. CONGRESSIONAL GOLD MEDAL. plants and animals is underway. Some agencies to take preventative measures (a) PRESENTATION AUTHORIZED.—The Presi- believe this loss of biological diversity before a species becomes endangered. dent is authorized— will pose a major threat to humans in The bill implements recommenda- (1) to award to Oskar Schindler, post- the coming century. At least one in 8 tions from the National Academy of humously, on behalf of Congress, a gold known plant species (which provide Sciences on improving the scientific medal of appropriate design honoring Oskar medical, commercial, and agricultural basis of important endangered species Schindler in recognition of his contributions benefits) is threatened with extinction. decisions. For unprotected species that to the Nation; and The bill I introduce today includes (2) to award to Varian Fry, posthumously, means providing protection before pop- on behalf of Congress, a gold medal of appro- provisions that will help both land- ulation numbers are too low to recover. priate design honoring Varian Fry in rec- owners and the species themselves. For listed species that means using ognition of his contributions to the Nation. The bill incorporates tax proposals independent scientists to peer review (b) DESIGN AND STRIKING.—For purposes of endorsed by both property-rights and large-scale, multi-species habitat con- the awards referred to in subsection (a), the conservation organizations. The bill es- servation plans. It also means asking Secretary of the Treasury (hereafter in this tablishes a tax exclusion for cost-shar- biologists to set benchmarks and Act referred to as the ‘‘Secretary’’) shall ing payments under the Partners for science-based conservation goals to strike gold medals with suitable emblems, Fish and Wildlife Program, an en- better tell us what it will take to re- devices, and inscriptions, to be determined hanced deduction for the donation of a cover and eventually delist an imper- by the Secretary. conservation easement, an exclusion iled species. SEC. 3. DUPLICATE MEDALS. from the estate tax for property sub- While federal actions already under- The Secretary may strike and sell dupli- ject to an Endangered Species Con- go review to ensure minimal impacts cates in bronze, of the gold medals struck servation Agreement, and an expansion on endangered species, the bill requires pursuant to section 2, under such regulations of the estate tax exclusion for property that federal agencies also make efforts as the Secretary may prescribe, and at a price sufficient to cover the costs thereof, in- subject to a conservation easement. towards further recovery or to consider cluding labor, materials, dies, use of machin- The bill significantly revises the Ad- the cumulative impacts of their ac- ery, overhead expenses, and the cost of the ministration’s current ‘‘No Surprises’’ tions. The bill requires federal agencies gold medals. policy, which allows private land- to help plan for species recovery and October 3, 2000 CONGRESSIONAL RECORD — SENATE S9751 then implement those plans within sidered to be made to a section or other pro- the time the species is listed in accordance their jurisdictions. The bill also re- vision of the Endangered Species Act of 1973 with section 4, on a determination by the quires agencies to consider the impacts (16 U.S.C. 1531 et seq.). Secretary that the areas are essential for the of their actions on imperiled species in SEC. 2. FINDINGS. conservation of the species.’’; Congress finds that— (4) by inserting after paragraph (6) (as so other nations. (1) the American public recognizes the im- redesignated) the following: The bill expands public participation portance of protecting the natural environ- ‘‘(7) CUMULATIVE IMPACTS.—The term ‘cu- by requiring public notification when a mental legacy of the United States; mulative impacts’ means the direct impacts federal activity may impact wildlife in (2) it is only through the protection of all and indirect impacts on a species or its habi- a community. The bill also requires species of plants and animals and the eco- tat that result from the incremental impact public participation in large-scale re- systems on which the species depend that of a proposed action when added to other gional habitat planning. Local citizens the people of the United States will conserve past, present, and reasonably foreseeable fu- a world for our children with the spiritual, ture actions, regardless of which person un- may participate in the first steps of re- medicinal, agricultural, and economic bene- dertakes such other actions. gional habitat planning, review rel- fits that plants and animals offer; ‘‘(8) DIRECT IMPACTS.—The term ‘direct im- evant science, and work with devel- (3) we have a moral responsibility not to pacts’ means impacts that are caused by a opers to achieve the best possible drive other species to extinction; proposed action and that occur at the same plans. If those plans are not met, the (4) we are rapidly proceeding in a manner time and place as the proposed action.’’; bill allows citizens to require the gov- that will deny to future generations a world (5) by inserting after paragraph (12) (as so ernment to take action. of abundant, varied species; redesignated) the following: ‘‘(13) IMPACTS.—The term ‘impacts’ The Endangered Species Recovery (5) although the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) has prevented the includes— Act will protect the species and land- extinction of many animal, plant, and fish ‘‘(A) loss of individual members of a spe- owners alike. I urge my colleagues to species, many of those species have not fully cies; support it. recovered and that Act must ensure their ‘‘(B) diminishment of the habitat of the Mr. President, I ask unanimous con- long-term survival and recovery; species, both qualitatively and quan- sent that the text of the bill be printed (6) Federal agencies and other persons titatively; ‘‘(C) disruption of normal behavioral pat- in the RECORD. should act to protect declining species before terns, such as breeding, feeding, and shel- There being no objection, the bill was they need the full application of the Endan- gered Species Act of 1973; tering; and ordered to be printed in the RECORD, as ‘‘(D) impairment of the ability of the spe- follows: (7) all members of the public have a right to be involved in the decisions made to pro- cies to withstand random fluctuations in en- S. 3156 tect biodiversity; vironmental conditions.’’; Be it enacted by the Senate and House of Rep- (8) to avoid extinction in the wild, habitats (6) by inserting after paragraph (14) (as so resentatives of the United States of America in must be conserved by using the best avail- redesignated) the following: Congress assembled, able science; ‘‘(15) INDIRECT IMPACTS.—The term ‘indi- (9) only by taking actions that implement rect impacts’ means impacts that are caused SECTION 1. SHORT TITLE; TABLE OF CONTENTS; by a proposed action and that occur later in REFERENCES TO ENDANGERED SPE- the recovery goals of the Endangered Species CIES ACT OF 1973. Act of 1973 can we ensure that species will time than, or farther removed in distance from, the proposed action, but that are still (a) SHORT TITLE.—This Act may be cited as eventually be removed from the lists of en- the ‘‘Endangered Species Recovery Act of dangered species and threatened species; and reasonably foreseeable. ‘‘(16) INTERIM HABITAT.—The term ‘interim 2000’’. (10) we can provide certainty for commu- habitat’ includes the habitat necessary to (b) TABLE OF CONTENTS.—The table of con- nities, local governments, and private land- support current populations of a species or tents of this Act is as follows: owners that will enable them to move for- populations that are necessary to ensure sur- ward with planning and economic develop- Sec. 1. Short title; table of contents; ref- vival, whichever is larger. ment efforts while still protecting species. erences to Endangered Species ‘‘(17) JEOPARDIZE THE CONTINUED EXISTENCE Act of 1973. TITLE I—ENDANGERED SPECIES OF.—The term ‘jeopardize the continued ex- Sec. 2. Findings. RECOVERY istence of’ means to engage in an action that TITLE I—ENDANGERED SPECIES SEC. 101. DEFINITIONS. reasonably would be expected, directly, indi- RECOVERY Section 3 (16 U.S.C. 1532) is amended— rectly, or cumulatively, to reduce appre- Sec. 101. Definitions. (1) by redesignating paragraphs (2) through ciably the likelihood of recovery in the wild Sec. 102. Designation of interim and critical (5), (6) through (9), (10), (12) through (14), and of any foreign or domestic species included habitat. (15) through (21) as paragraphs (3) through in a list published under section 4(c). Sec. 103. Schedule for listing determina- (6), (9) through (12), (14), (20) through (22), ‘‘(18) MINIMIZE.—The term ‘minimize’ tions. and (24) through (30), respectively; means— Sec. 104. Contents of listing petitions. (2) by inserting after paragraph (1) the fol- ‘‘(A) subject to subparagraph (B), to avoid Sec. 105. Recovery planning. lowing: to the extent possible, in designing and en- Sec. 106. Endangered species conservation ‘‘(2) CANDIDATE SPECIES.—The term ‘can- gaging in an activity, adverse impacts to an agreements. didate species’ means any species— endangered species or threatened species or Sec. 107. Interagency cooperation. ‘‘(A) that is not the subject of a proposed in the course of the activity; and Sec. 108. Permits and conservation plans. regulation under section 4(a)(1); ‘‘(B) in the case of an activity for which it Sec. 109. Citizen suits. ‘‘(B) that the Secretary is considering for is determined, after consideration of a rea- Sec. 110. Natural resource damage liability. listing as an endangered species or threat- sonable range of alternatives, that avoidance Sec. 111. Authorization of appropriations. ened species; and of adverse impacts to the species is impos- ‘‘(C) for which the Secretary has— sible, to design and implement the activity TITLE II—SPECIES CONSERVATION TAX ‘‘(i) sufficient information to support a in a manner that results in the lowest pos- INCENTIVES proposed regulation for that listing; or sible individual and cumulative adverse im- Sec. 201. Tax exclusion for cost-sharing pay- ‘‘(ii) information indicating that proposing pacts on the species. ments under Partners for Fish that listing may be appropriate, but for ‘‘(19) MITIGATE.—The term ‘mitigate’ and Wildlife Program. which further information is required to sup- means to redress adverse impacts to an en- Sec. 202. Enhanced deduction for the dona- port such a proposed regulation.’’; dangered species or threatened species in tion of a conservation ease- (3) by striking paragraph (6) (as so redesig- connection with an action, by replacing the ment. nated) and inserting the following: number of plants and animals in the wild, Sec. 203. Exclusion from estate tax for real ‘‘(6) CRITICAL HABITAT.—The term ‘critical and the value to the species of the habitat, property subject to endangered habitat’ for an endangered species or threat- that were lost as a result of the adverse im- species conservation agree- ened species or includes— pacts.’’; ment. ‘‘(A) the specific areas within the geo- (7) by inserting after paragraph (22) (as so Sec. 204. Expansion of estate tax exclusion graphic area occupied by the species, at the redesignated) the following: for real property subject to time the species is listed in accordance with ‘‘(23) RECOVERY.—The term ‘recovery’ qualified conservation ease- section 4, on which are found physical or bio- means a condition in which— ment. logical features that— ‘‘(A) the threats to a species, as deter- (c) REFERENCES TO ENDANGERED SPECIES ‘‘(i) are essential to the conservation of the mined under section 4(a), have been elimi- ACT OF 1973.—Except as otherwise expressly species; and nated; provided, whenever in this Act an amend- ‘‘(ii) may require special management con- ‘‘(B) the species has achieved long-term vi- ment or repeal is expressed in terms of an siderations or protections; and ability; and amendment to, or repeal of, a section or ‘‘(B) specific areas outside the geo- ‘‘(C) the protective measures under this other provision, the reference shall be con- graphical area occupied by the species, at Act are no longer needed.’’; S9752 CONGRESSIONAL RECORD — SENATE October 3, 2000 (8) by striking paragraph (25) (as so redes- for each species for which a finding under tion of section 9 or the jeopardy prohibition ignated) and inserting the following: subparagraph (B)(iii) was made before the of section 7; and ‘‘(25) SPECIES.—The term ‘species’ date of enactment of this clause, the Sec- ‘‘(v) a list of Federal agencies, States, includes— retary shall publish in the Federal tribes, and local government entities, sig- ‘‘(A) any subspecies of fish or wildlife or Register— nificantly affected by the goals or manage- plant; ‘‘(I) a proposal to list the species as an en- ment actions specified in the recovery plan, ‘‘(B) any distinct population segment of dangered species or threatened species; or that should complete a recovery implemen- any species of vertebrate fish or wildlife that ‘‘(II) a finding that the petitioned action is tation plan pursuant to paragraph (5)(A); and interbreeds when mature; and not warranted under subparagraph (B)(i). ‘‘(D) for the purposes of determining the ‘‘(C) the last remaining distinct population ‘‘(v) SPECIES WITH NEW FINDING OF WAR- criteria under subparagraph (C)(ii), select, in segment in the United States of any plant or RANTED ACTION.—Not later than 4 years after consultation with the National Academy of invertebrate species.’’; and the date on which a finding under subpara- Sciences, independent scientists who— (9) in paragraph (26) (as so redesignated), graph (B)(iii) is published for a species for ‘‘(i) through publication of peer-reviewed by striking ‘‘and the Trust Territory of the which a finding under subparagraph (B)(iii) scientific literature, have demonstrated rel- Pacific Islands’’ and inserting ‘‘the Freely was made on or after the date of enactment evant scientific expertise in that species or a Associated States, and (for the purposes of of this clause, or a date on which such a spe- similar species; and subsections (c) and (d) of section 6), any In- cies is otherwise designated by the Secretary ‘‘(ii) do not have, nor represent anyone dian tribe’’. as a candidate species, the Secretary shall with, a significant economic interest in the SEC. 102. DESIGNATION OF INTERIM AND CRIT- publish in the Federal Register— recovery plan.’’; and ICAL HABITAT. ‘‘(I) a proposal to list the species as an en- (2) by striking paragraph (5) and inserting (a) IN GENERAL.—Section 4(a) (16 U.S.C. dangered species or threatened species; or the following: 1533(a)) is amended by striking paragraph (3) ‘‘(II) a finding that the petitioned action is ‘‘(5) RECOVERY IMPLEMENTATION PLANS.— and inserting the following: not warranted under subparagraph (B)(i).’’. ‘‘(A) IN GENERAL.—Each Federal agency ‘‘(3) INTERIM AND CRITICAL HABITAT.—The SEC. 104. CONTENTS OF LISTING PETITIONS. significantly affected by the goals or man- Secretary, by regulation promulgated in ac- Section 4(b)(3) (16 U.S.C. 1533(b)(3)) is agement actions specified in a final recovery cordance with subsection (b), shall— amended by adding at the end the following: plan shall develop and implement a plan (re- ‘‘(A) subject to subparagraph (C), concur- ‘‘(E) CONTENTS OF LISTING PETITIONS.—A pe- ferred to in this paragraph as a ‘recovery im- rently with making a determination under tition referred to in subparagraph (A) shall, plementation plan’), after providing public paragraph (1) that a species is an endangered to the maximum extent practicable, notice and an opportunity for public review species or threatened species, designate in- contain— and comment on the recovery implementa- terim habitat of the species; ‘‘(i) a description of the current known and tion plan. ‘‘(B) subject to subparagraph (C), concur- historic ranges of the species; ‘‘(B) CONTENTS.—Each recovery implemen- rently with adoption of the final recovery ‘‘(ii) a description of the most recent popu- tation plan shall— plan for a species under subsection (f), des- lation estimates and trends, if available; ‘‘(i) identify the affirmative conservation ignate critical habitat of the species; ‘‘(iii) a statement of the reason that the duties and management responsibilities of ‘‘(C) in the case of a highly migratory ma- petitioned action is warranted, including a the agency that will contribute to the rine species, designate interim habitat and description of known or perceived threats to achievement of recovery goals identified in critical habitat for the species to the max- the species; the final recovery plan; imum extent biologically determinable; and ‘‘(iv) a bibliography of scientific literature ‘‘(ii) specify specific agency actions, time- ‘‘(D) from time to time thereafter as appro- on the species, if any, in support of the peti- tables, and funding required to achieve and priate, revise a designation under this para- tion; and monitor progress toward meeting recovery graph, if the Secretary determines that the ‘‘(v) any other information that the peti- goals or management responsibilities; revision would expedite or assist the recov- tioner determines is appropriate.’’. ‘‘(iii) identify any land or water under the ery of the species.’’. SEC. 105. RECOVERY PLANNING. jurisdiction or ownership of the agency that (b) BASIS FOR DETERMINATIONS.—Section Section 4(f) (16 U.S.C. 1533(f)) is amended— provide or may provide suitable habitat for 4(b) (16 U.S.C. 1533(b)) is amended by striking (1) in paragraph (1)— the species; paragraph (2) and inserting the following: (A) in the first sentence— ‘‘(iv) identify any actions needed to ac- ‘‘(2) INTERIM AND CRITICAL HABITAT.— (i) by striking ‘‘develop and implement quire additional suitable habitat under sec- ‘‘(A) CRITICAL HABITAT.—The Secretary plans’’ and inserting ‘‘, not later than 18 tion 5(a); and shall designate critical habitat, and make months after the date on which a species is ‘‘(v) describe management actions that the revisions to the designations, under sub- added to a list under subsection (c), develop agency will take on land or water under the section (a)(3)— a draft plan and, not later than 30 months jurisdiction or ownership of the agency to ‘‘(i) on the basis of the best scientific data after that date, develop and begin implemen- contribute toward recovery of the species. available; and tation of a final plan’’; ‘‘(C) STATE COOPERATION.—Consistent with ‘‘(ii) after taking into consideration the (ii) by inserting ‘‘each’’ before ‘‘endan- section 6, the Secretary shall cooperate, to economic impact, and any other relevant im- gered’’; and the maximum extent practicable, with pact, of specifying any particular area as (iii) by striking ‘‘, unless he finds that such States, tribes, and local government entities, critical habitat. a plan will not promote the conservation of that are significantly affected by a final re- ‘‘(B) INTERIM HABITAT.—In the case of in- the species’’; and covery plan, to develop State cooperative terim habitat designated at the time of list- (B) in the second sentence, by striking sub- plans to achieve the goals and implement the ing, the Secretary shall revise and finalize paragraph (B) and inserting the following: management actions identified in the recov- the habitat as critical habitat concurrently ‘‘(B) include in each plan specific provi- ery plan.’’. with the adoption of the final recovery plan. sions, including provisions required under SEC. 106. ENDANGERED SPECIES CONSERVATION ‘‘(C) EXCLUSION OF AREAS FROM CRITICAL subparagraph (C), that provide for the con- AGREEMENTS. HABITAT.—The Secretary may exclude any servation in the recovery plan area of all Section 5 (16 U.S.C. 1534) is amended by area from critical habitat on the basis that species listed as endangered species or adding at the end the following: the benefits of the exclusion outweigh the threatened species, candidate species, and ‘‘(c) ENDANGERED SPECIES CONSERVATION benefits of specifying the area as part of the species proposed for listing; AGREEMENTS.— critical habitat, if the Secretary determines, ‘‘(C) incorporate in each recovery plan for ‘‘(1) IN GENERAL.—The Secretary may enter based on the best scientific and commercial a species— into an agreement in accordance with this data available, that the failure to designate ‘‘(i) a description of such site-specific man- subsection, to be known as an ‘endangered the area as critical habitat will not impair agement actions, including identification of species conservation agreement’, with any the recovery of the species. actions of the highest priority and greatest person that is an owner or lessee of real ‘‘(D) DESIGNATION OF INTERIM HABITAT recovery potential, as may be necessary to property on which will be carried out con- BASED ON BIOLOGICAL FACTORS.—The Sec- achieve the goals of the plan for the recovery servation measures for any species described retary shall designate interim habitat of a of the species; in paragraph (3) in accordance with the en- species based only on biological factors, giv- ‘‘(ii) objective, measurable criteria, includ- dangered species conservation agreement. ing special consideration to habitat that is, ing habitat needs and population levels, ‘‘(2) REQUIRED TERMS.—The Secretary shall at the time of the designation, occupied by that, when met, would result in a determina- include in an endangered species conserva- the species.’’. tion, in accordance with this section, that tion agreement with a person under this sub- SEC. 103. SCHEDULE FOR LISTING DETERMINA- the species be removed from the list; section provisions that— TIONS. ‘‘(iii) estimates of the time required and ‘‘(A) require the person— Section 4(b)(3)(C) (16 U.S.C. 1533(b)(3)(C)) is the cost to carry out those measures needed ‘‘(i) to carry out on real property owned or amended by adding at the end the following: to achieve the goals of the plan and to leased by the person activities not otherwise ‘‘(iv) SPECIES WITH EXISTING FINDING OF achieve intermediate steps toward each goal; required by law that contribute to the con- WARRANTED ACTION.—Not later than 1 year ‘‘(iv) a general description of the types of servation of a species described in paragraph after the date of enactment of this clause, actions likely to violate the taking prohibi- (3); or October 3, 2000 CONGRESSIONAL RECORD — SENATE S9753

‘‘(ii) to refrain from carrying out on real ‘‘(6) STATE COOPERATION.—The Secretary suggest those reasonable and prudent alter- property owned or leased by the person oth- shall establish a technical assistance pro- natives that the Secretary believes would erwise lawful activities that would inhibit gram in cooperation with the States to as- not violate subsection (a)(2) and that can be the conservation of a species described in sist landowners in the development and im- taken by the Federal agency or applicant in paragraph (3); plementation of endangered species con- implementing the agency action.’’; ‘‘(B) describe the real property referred to servation agreements.’’. (2) in paragraph (4)— in clauses (i) and (ii) of subparagraph (A); SEC. 107. INTERAGENCY COOPERATION. (A) in subparagraphs (A) and (B), by strik- ‘‘(C) specify species conservation goals for (a) FEDERAL AGENCY ACTIONS AND CON- ing ‘‘violate such subsection’’ each place it the activities by the person, and measures SULTATIONS.—Section 7(a) (16 U.S.C. 1536(a)) appears and inserting ‘‘interfere with the for attaining the conservation goals of this is amended— timely achievement of recovery goals’’; subsection; (1) in the second sentence of paragraph (B) in clause (ii), by inserting ‘‘and miti- ‘‘(D) require the person to make measur- (1)— gate’’ after ‘‘minimize’’; able progress each year in achieving the (A) by striking ‘‘All other Federal agen- (C) in clause (iii), by striking ‘‘and’’ after goals; cies’’ and inserting ‘‘Each other Federal the comma at the end; ‘‘(E) specify actions to be taken by the agency’’; (D) in clause (iv), by striking the period at Secretary or the person, or both, to monitor (B) by striking ‘‘their’’ and inserting ‘‘its’’; the end and inserting ‘‘, and’’; and the effectiveness of the endangered species and (E) by adding at the end the following: conservation agreement in attaining the (C) by inserting before the period the fol- ‘‘(v) directs the Federal agency to assess goals; lowing: ‘‘, including recovery actions identi- and report to the Secretary not later than 2 ‘‘(F) require the person to notify the Sec- fied in recovery implementation plans of the years after the date of issuance of the writ- retary if— agency’’; ten statement and every 2 years thereafter ‘‘(i) any right or obligation of the person (2) in the first sentence of paragraph (2), by for as long as any incidental taking con- under the endangered species conservation inserting after ‘‘to be critical,’’ the fol- tinues, the quantity of the incidental taking agreement is assigned to any other person; lowing: ‘‘in such a way as to diminish the that has occurred as a direct impact, indi- or value of that habitat for the recovery of the rect impact, or cumulative impact. ‘‘(ii) any term of the endangered species If an assessment under clause (v) indicates conservation agreement is breached by the species,’’; and that the quantity of incidental taking au- person or any other person to whom is as- (3) by adding at the end the following: ‘‘(5) CONSULTATION WITH SECRETARY CON- thorized under the written statement has signed a right or obligation of the person been exceeded, the Federal agency shall im- under the endangered species conservation CERNING CANDIDATE SPECIES.— ‘‘(A) IN GENERAL.—Any Federal agency mediately reinitiate consultation with the agreement; Secretary pursuant to subsection (a)(2).’’; ‘‘(G) specify the date on which the endan- may consult with the Secretary regarding any action that may affect any candidate and gered species conservation agreement takes (3) by adding at the end the following: effect; and species or species proposed for listing under ‘‘(5) NOTICE OF CONSULTATION AND ACTION.— ‘‘(H) provide that the endangered species section 4(c). ‘‘(B) ADDITIONAL CONSULTATION.—If con- ‘‘(A) IN GENERAL.—On receipt of a request conservation agreement shall not be in effect to initiate consultation under paragraph (2), on and after any date on which the Secretary sultation under this paragraph is completed (3), or (5) of subsection (a), the Secretary publishes a certification under paragraph (5) before the listing of the species— shall promptly publish a notice in the Fed- that the person has not complied with the ‘‘(i) no additional consultation is required eral Register announcing that the consulta- endangered species conservation agreement. solely as a consequence of the subsequent tion has been initiated and briefly describing ‘‘(3) COVERED SPECIES.—A species referred listing of the species, if the Secretary deter- the proposed agency action. to in clauses (i) and (ii) of paragraph (2)(A) is mines that there have been no significant ‘‘(B) AVAILABILITY OF INFORMATION.—The any species that is— changes in the agency proposal and that Secretary shall make available on request ‘‘(A) listed as an endangered species or there is no significant new information that any information in the possession or control threatened species under section 4; was not considered in the original consulta- of the Secretary concerning the consultation ‘‘(B) proposed for such listing under sec- tion; and tion 4; or ‘‘(ii) the Secretary shall reinitiate con- or the opinion prepared pursuant to this sub- ‘‘(C) identified by the Secretary as a can- sultation under paragraph (2), if the Sec- section with respect to the consultation. didate for such listing under section 4. retary determines that there has been a sig- ‘‘(6) INDEPENDENT SCIENTISTS.—In preparing an opinion pursuant to this subsection, the ‘‘(4) REVIEW AND APPROVAL OF PROPOSED EN- nificant change in the agency proposal or Secretary shall invite independent scientists DANGERED SPECIES CONSERVATION AGREE- that there is significant new information MENTS BY SECRETARY.—On submission by any that was not considered in the original con- described in section 4(f)(1)(D) with expertise person of a proposed endangered species con- sultation. on species that may be affected by the pro- servation agreement under this subsection, ‘‘(C) NOTIFICATION OF CHANGE OR NEW INFOR- posed agency action to provide input into the Secretary shall— MATION.—A Federal agency shall notify the the consultation or opinion. ‘‘(A) review the proposed endangered spe- Secretary of any significant change in, or ‘‘(7) PUBLICATION OF FINDINGS AND REA- cies conservation agreement and determine significant new information regarding, any SONS.—Not later than 30 days after the date whether the endangered species conservation action regarding which the agency consulted on which the Secretary provides a written agreement complies with the requirements with the Secretary under this paragraph. statement under paragraph (3) to the Federal of this subsection; and ‘‘(6) MONITORING.—The head of each Fed- agency and the applicant for a permit, if ‘‘(B) if the Secretary determines that the eral agency shall monitor the status and any, the Secretary shall publish in the Fed- endangered species conservation agreement trends of endangered species, threatened spe- eral Register a description of the findings complies with the requirements of this cies, and candidate species that occur on and reasons of the Secretary for making any subsection— land or in water under the jurisdiction or determination under this subsection.’’. ‘‘(i) approve the endangered species con- ownership of the agency.’’. (c) BIOLOGICAL ASSESSMENT.—Section 7(c)(1) (16 U.S.C. 1536(c)(1)) is amended in the servation agreement and enter into the en- (b) OPINION OF SECRETARY.—Section 7(b) (16 dangered species conservation agreement U.S.C. 1536(b)) is amended— last sentence by striking ‘‘Such assessment with the person; and (1) by striking paragraph (3) and inserting may be undertaken’’ and inserting ‘‘The as- sessment shall be made available to the pub- ‘‘(ii) promptly notify the Secretary of the the following: lic and may be undertaken’’. Treasury that the endangered species con- ‘‘(3) STATEMENT OF OPINION OF SEC- (d) FOREIGN SPECIES.—Section 7 (16 U.S.C. RETARY.— servation agreement has been entered into 1536) is amended by adding at the end the fol- and specify the date on which the endan- ‘‘(A) IN GENERAL.—Promptly after conclu- lowing: gered species conservation agreement takes sion of consultation under paragraph (2), (3), ‘‘(q) FOREIGN SPECIES.—This section shall effect. or (5) of subsection (a), the Secretary shall apply to any agency action with respect to ‘‘(5) MONITORING IMPLEMENTATION OF EN- provide to the Federal agency and the appli- any endangered species, threatened species, DANGERED SPECIES CONSERVATION AGREE- cant, if any, a written statement setting species proposed to be added to a list under MENTS.—The Secretary shall— forth the Secretary’s opinion, and a sum- section 4(c), or candidate species carried out ‘‘(A) periodically monitor the implementa- mary of the information on which the opin- in whole or in part, in the United States, in tion of each endangered species conservation ion is based, detailing how the agency action a foreign country, or on the high seas.’’. agreement entered into under this sub- affects the species or its critical habitat, in- (e) STREAMLINING AND CONSOLIDATING section; and cluding a description of the quantity of habi- INTERAGENCY COOPERATION.—Section 7 (16 ‘‘(B) based on the information obtained tat and the number of members of the spe- U.S.C. 1536) (as amended by subsection (d)) is from the monitoring, annually certify to the cies that will be taken, and conservation ac- amended by adding at the end the following: Secretary of the Treasury whether or not tions to minimize and mitigate the impacts ‘‘(r) REGULATIONS TO ENSURE TIMELY CON- each person that has entered into an endan- of any incidental taking that may result CLUSION OF CONSULTATIONS.— gered species conservation agreement under from the action. ‘‘(1) DEFINITION OF ECOSYSTEM.—In this sub- this subsection has complied with the endan- ‘‘(B) ALTERNATIVES.—If jeopardy or adverse section, the term ‘ecosystem’ means a dy- gered species conservation agreement. modification is found, the Secretary shall namic complex of organisms and biological S9754 CONGRESSIONAL RECORD — SENATE October 3, 2000

communities, and their associated nonliving provisions that are necessary to respond to ‘‘(4) REVIEW BY SECRETARY.— environment, interacting together as an eco- all reasonably foreseeable changes in cir- ‘‘(A) IN GENERAL.—Every 3 years after the logical unit. cumstances that would jeopardize the con- date of approval of a permit application and ‘‘(2) REQUIREMENT.—Not later than 1 year tinued existence of any species covered by conservation plan under this section, the after the date of enactment of this sub- the plan, including new scientific informa- Secretary shall review and report on the section, the Secretary, in cooperation with tion and changing environmental conditions, progress toward implementation of the the States, shall promulgate regulations to including natural disasters; terms and conditions of the permit and plan ensure timely conclusion of consultations ‘‘(vi) the reasonably anticipated costs of and make recommendations on actions nec- under this section. the measures described in clause (v); essary to ensure that— ‘‘(3) CONTENT.—Regulations under this sub- ‘‘(vii) the actions that the applicant will ‘‘(i) the terms and conditions do not jeop- section shall provide that— take to monitor— ardize the continued existence of any spe- ‘‘(A) consultations and conferences under ‘‘(I) the effectiveness of the plan’s con- cies; servation measures in achieving the plan’s this section between the Secretary and a ‘‘(ii) progress is being made toward achiev- biological goals; and Federal agency shall, to the maximum ex- ing the biological goals of the plan; and ‘‘(II) impacts on the recovery of each spe- tent practicable and if approved by the Sec- ‘‘(iii) the requirements, goals, and purposes cies; retary, encompass a number of similar or re- of this Act are being met. lated agency actions to be undertaken with- ‘‘(viii) funding that will be available to the ‘‘(B) AVAILABILITY TO PUBLIC.—The Sec- in a particular geographical range or eco- applicant, throughout the term of the plan, to implement the plan and the conservation retary shall annually— system; and ‘‘(i) prepare and make publicly available a ‘‘(B) the Secretary shall, to the maximum measures specified in the plan; and ‘‘(ix) such other matters as the Secretary report on the status of all permits reviewed extent practicable, consolidate requests for pursuant to this paragraph since the date of consultations or conferences from various determines are necessary or appropriate for the last report; and Federal agencies whose proposed actions the purposes of carrying out the plan. ‘‘(ii) publish in the Federal Register a no- may affect endangered species, threatened ‘‘(C) FINDINGS.—The Secretary shall not tice of the availability of the most recent re- species, or candidate species that are depend- issue a permit under paragraph (1)(B) for the port. ent on the same ecosystem.’’. taking of any species unless the Secretary finds, after opportunity for public comment ‘‘(5) PERMIT REVOCATION.—The Secretary SEC. 108. PERMITS AND CONSERVATION PLANS. with respect to a permit application and the shall revoke a permit issued under this sec- Section 10 (16 U.S.C. 1539) is amended by related conservation plan, that— tion and issue an order suspending activities striking subsection (a) and inserting the fol- ‘‘(i) the conservation plan submitted for allowed under the permit that may be rea- lowing: the permit meets all of the requirements of sonably expected to cause a taking of any ‘‘(a) PERMITS.— this paragraph; species covered by the permit, if— ‘‘(1) IN GENERAL.—The Secretary may per- ‘‘(ii) the taking will be incidental; ‘‘(A) the permittee is not in compliance mit, under the terms and conditions provided ‘‘(iii) the applicant will minimize and miti- with the terms and conditions of the permit, for in this section— gate the individual impacts and cumulative the requirements of this Act, and the regula- ‘‘(A) any act otherwise prohibited by sec- impacts of the taking; tions issued under this Act, including any tion 9 for scientific purposes or to enhance ‘‘(iv) the activities authorized by the per- failure by a permittee to substantially com- the propagation or survival of the affected mit and conservation plan are consistent ply with the conservation plan required for a species, or the conservation of the species in with the recovery of the species and will re- permit issued under paragraph (1)(B); or the wild, such as acts necessary for the con- sult in no net loss of the value to the species ‘‘(B) the level of the taking authorized by servation, establishment, and maintenance of the habitat occupied by the species; the permit has been exceeded. of experimental populations pursuant to sub- ‘‘(v) the applicant has, in accordance with ‘‘(6) ACTIONS BY SECRETARY ON FAILURE BY section (j); or paragraph (9), filed a performance bond or PERMITTEE.— ‘‘(B) any taking otherwise prohibited by other evidence of financial security to en- ‘‘(A) IN GENERAL.—If a permittee defaults section 9(a)(1) if the taking is incidental to, sure adequate funding for each element of on any obligation of the permittee under a and not the purpose of, the carrying out of the conservation plan; and permit issued under paragraph (1)(B) or a an otherwise lawful activity. ‘‘(vi) the permit contains— conservation plan required for the permit, ‘‘(2) DURATION.—The Secretary shall limit ‘‘(I) such terms and conditions as are nec- the Secretary shall undertake actions to the duration of a permit under paragraph (1) essary or appropriate to carry out this para- conserve each species covered by the plan as necessary to ensure that changes in cir- graph and ensure implementation of the con- and permit. cumstances that could occur in the period servation plan by the applicant; and ‘‘(B) FUNDING.—To carry out actions re- covered by the permit and that would jeop- ‘‘(II) such reporting and monitoring re- quired under subparagraph (A) with respect ardize the continued existence of the species quirements as are necessary for determining to a default by a permittee, the Secretary are reasonably foreseeable. whether the terms and conditions are being may use— ‘‘(3) CONSERVATION PLAN.— complied with. ‘‘(i) the proceeds of the performance bond ‘‘(A) IN GENERAL.—No permit may be issued ‘‘(D) REPORTS ON BIOLOGICAL STATUS AND or other financial security under paragraph by the Secretary authorizing any taking re- GOALS.— (9) provided by the permittee; and ferred to in paragraph (1)(B) unless the appli- ‘‘(i) IN GENERAL.—Each permit shall re- cant for the permit submits to the Secretary quire the permittee to provide to the Sec- ‘‘(ii) amounts in the Habitat Conservation a conservation plan in accordance with this retary, not later than 1 year after the date of Plan Fund established by paragraph (10). paragraph that is based on the best scientific issuance of the permit and at least once each ‘‘(7) LOW EFFECT, SMALL SCALE PLANS.— and commercial information available. year thereafter during the term of the per- ‘‘(A) IN GENERAL.—The Secretary shall de- ‘‘(B) CONTENTS.—A conservation plan under mit, a complete report on— velop and implement a streamlined applica- this paragraph shall provide a description ‘‘(I) the biological status of the species in tion and approval procedure for a permit and analysis of— the affected area; issued under paragraph (1)(B) and related ‘‘(i) the specific activities sought to be au- ‘‘(II) the impacts of the habitat conserva- conservation plan that the Secretary deter- thorized by the permit; tion plan and the permitted action on the mines to be a low effect, small scale plan. ‘‘(ii) a reasonable range of alternative ac- species; and ‘‘(B) PREREQUISITES.—A permit and related tions to the taking of each species covered ‘‘(III) whether the biological goals of the conservation plan may be treated as a low ef- by the plan; plan are being met. fect, small scale permit and plan if— ‘‘(iii) the individual and cumulative im- ‘‘(ii) AVAILABILITY TO PUBLIC.—The Sec- ‘‘(i) the permitted action is expected to be pacts that may reasonably be anticipated to retary shall make reports required under of less than 5 years in duration; result from the permitted activities covered this subparagraph available to the public. ‘‘(ii) the conservation plan is applicable to by the plan, including the impacts of modi- ‘‘(E) ADDITIONAL CONSERVATION MEAS- an area of less than 5 acres; fication or destruction of habitat of species URES.— ‘‘(iii) the affected acreage is not adjacent authorized under the permit; ‘‘(i) IN GENERAL.—If necessary to ensure to other land that has been the subject of a ‘‘(iv) objective, measurable biological goals that the permitted action does not jeop- permit issued under this section within the to be achieved for each species covered by ardize the continued existence of any species preceding 5 years to the same person, or as the plan; affected by the permitted action, the Sec- part of the same project; ‘‘(v) the conservation measures that the retary shall require a permittee to imple- ‘‘(iv) the permitted action is not part of a applicant will implement to minimize and ment conservation measures in addition to single larger project that will have addi- mitigate the impacts described in clause the conservation measures specified in the tional impacts on the endangered species or (iii), including— plan. threatened species; ‘‘(I) the specific conservation measures for ‘‘(ii) COST SHARING.—The Secretary shall ‘‘(v) the Secretary determines that the achieving the biological goals of the plan; pay the costs of any additional conservation plan will have a negligible cumulative im- and measures required under this subparagraph pact and individual impact on the recovery ‘‘(II) any additional requirements or re- that are in excess of the reasonably antici- of the endangered species or threatened spe- strictions or other adaptive management pated costs specified in the plan. cies; and October 3, 2000 CONGRESSIONAL RECORD — SENATE S9755 ‘‘(vi) the permitted action is not related to ‘‘(i) phased bonds or deposits, by which the ‘‘(iii) permitting with respect to which fees other actions that will have additional im- permittee may divide the area or actions are deposited in the Fund under subpara- pacts on the endangered species or threat- covered by the conservation plan into dis- graph (B)(iii); and ened species. crete sections and execute a separate bond or ‘‘(iv) restoration or replacement of natural ‘‘(C) RELATED ACTIONS.—For the purposes deposit for each section before undertaking resources with respect to which natural re- of subparagraph (B)(vi), actions shall be con- any action on that section; or source damages are deposited in the Fund sidered related if they— ‘‘(ii) adjusted bonds or deposits, through under subparagraph (B)(iv). ‘‘(i) automatically trigger other actions which the amount of the bond or deposits re- ‘‘(11) MULTIPLE LANDOWNER, MULTISPECIES that may affect endangered species or quired and the terms of acceptance of a bond PLANNING.— threatened species; or deposits shall be adjusted by the Sec- ‘‘(A) IN GENERAL.—The Secretary shall en- ‘‘(ii) cannot or will not proceed unless retary from time to time as the extent of ac- courage the development of multiple land- other actions are taken previously or simul- tions that affect endangered species or owner, multispecies conservation plans, that— taneously; or threatened species increases or decreases. ‘‘(i) make a significant contribution to the ‘‘(iii) are interdependent on parts of a larg- ‘‘(D) EXECUTION.—The bond or deposits recovery of an endangered species or threat- er action and depend on the larger action for shall be executed by the permittee and a cor- their justification. ened species; porate surety or depository, respectively. ‘‘(ii) rely on the best available scientific ‘‘(D) MONITORING.— ‘‘(E) RELEASE OF BOND OR DEPOSIT.— information; ‘‘(i) IN GENERAL.—The Secretary shall mon- ‘‘(i) IN GENERAL.—The permittee may file a ‘‘(iii) rely, to the maximum extent prac- itor the implementation and results of low request with the Secretary for the release of ticable, on ecosystem planning; and effect, small scale permits and conservation all or any part of a performance bond or de- ‘‘(iv) maintain the well-being of other spe- plans to ensure that the permits and plans do posit of any other financial security required cies located within the planning area. not jeopardize the continued existence of any under this paragraph. ‘‘(B) STREAMLINING OF PERMITTING PROC- endangered species or threatened species. ‘‘(ii) NOTICE AND COMMENT.—Not later than ESSES ACROSS JURISDICTIONS.— ‘‘(ii) ADDITIONAL REQUIREMENTS OR RESTRIC- 30 days after any request for release has been ‘‘(i) IN GENERAL.—To encourage the devel- TIONS.—If the Secretary determines that ad- filed with the Secretary, the Secretary opment of the plans, the Secretary shall co- ditional requirements or restrictions are re- shall— operate, to the maximum extent practicable, quired to ensure that actions authorized by a ‘‘(I) file notice of the request in the Fed- with States and local governments to low effect, small scale conservation plan do eral Register; and streamline permitting processes across juris- not jeopardize the continued existence of any ‘‘(II) provide opportunity for public com- dictions. species determined to be an endangered spe- ment before making a decision under clause ‘‘(ii) LARGE-SCALE CONSERVATION PLANS.— cies or threatened species after the plan was (iii). The cooperation shall include issuing per- approved, the Secretary shall require appro- ‘‘(iii) REVIEW.—Not later than 30 days after mits under paragraph (1)(B) to a State, local priate modifications to the plan to imple- receipt of the request, the Secretary shall government, or group of local governments ment those requirements or restrictions. conduct a review of the implementation of for large-scale conservation plans that in- ‘‘(iii) COST SHARING.—The Secretary shall the conservation plan to determine volve more than 1 landowner. pay all costs of implementing additional re- whether— ‘‘(C) INCIDENTAL TAKING CERTIFICATES.—A quirements or restrictions required under ‘‘(I) the requirements of the plan have been permit under subparagraph (B)(ii) may au- clause (ii). fully implemented; thorize the State, local government, or ‘‘(E) FINANCIAL SECURITY.—The permittee ‘‘(II) the plan has achieved its biological group of local governments to issue inci- for which a low effect, small scale permit goals; and dental taking certificates to landowners that and conservation plan is approved under this ‘‘(III) no further action is needed to ensure authorize takings under the authority of the paragraph shall not be required to provide a that the permitted action is not jeopardizing permit within the jurisdiction of the State, performance bond or other financial security the existence of the species covered by the local government, or group of local govern- under paragraph (9). plan. ments, if— ‘‘(8) MONITORING.—The Secretary shall ‘‘(iv) NOTICE OF DECISION.—Not later than ‘‘(i) the State, local government, or group monitor the implementation and results of 90 days after receipt of the request, the Sec- of local governments meets the performance all conservation plans approved under this retary shall notify the permittee in writing bond or other financial security require- subsection to ensure that the plans do not of the decision of the Secretary to release or ments under paragraph (9) with respect to all jeopardize the continued existence of any en- not to release all or part of the bond or de- such certificates, or each certificate is effec- dangered species or threatened species. posit. tive only after the landowner to whom the ‘‘(9) PERFORMANCE BONDS.— certificate is issued has met those require- ‘‘(v) NOTICE OF REASONS FOR NO RELEASE.— ‘‘(A) IN GENERAL.—After the approval of an ments with respect to the certificate; If the Secretary does not release any portion incidental taking permit under paragraph ‘‘(ii) the State, local government, or group of the bond or deposit, the Secretary shall (1)(B) and associated conservation plan in ac- of local governments ensures that all inci- notify the permittee in writing of the rea- cordance with this subsection, but before the dental taking certificates issued under the sons that the portion was not released and permit is issued, the applicant shall— permit are consistent with the permit and ‘‘(i) file with the Secretary a performance recommended corrective actions necessary approved habitat conservation plan; bond payable to the United States, and con- to secure that release. ‘‘(iii) the State, local government, or group ditional on faithful performance of all the ‘‘(10) HABITAT CONSERVATION PLAN FUND.— of local governments provides adequate pub- requirements of the permit; or ‘‘(A) ESTABLISHMENT.—There is established lic notice and opportunity to comment on ‘‘(ii) deposit another form of financial se- in the Treasury a separate account to be decisions to issue incidental taking certifi- curity, payable to the United States, in a known as the ‘Habitat Conservation Plan cates; and form and manner approved by the Secretary, Fund’ (referred to in this paragraph as the ‘‘(iv) the Secretary and the State, local and conditional on such faithful perform- ‘Fund’). government, or group of local governments ance, having a cash or market value, as ap- ‘‘(B) CONTENTS.—The Fund shall consist have adequate authority to enforce the plicable, equal to or greater than the amount of— terms and conditions of the incidental tak- of a performance bond otherwise required ‘‘(i) donations to the Fund; ing certificates. under clause (i). ‘‘(ii) appropriations to the Fund; ‘‘(D) ENCOURAGEMENT OF PLANS.—The Sec- ‘‘(B) AMOUNT.—The amount of the bond or ‘‘(iii) amounts received by the United retary shall— deposit of other financial security required States as fees charged for permits under this ‘‘(i) ensure the participation of a broad for each permit shall be— section; range of public and private interests in the ‘‘(i) determined by the Secretary; ‘‘(iv) amounts received by the United development of the plan; ‘‘(ii) based on the mitigation requirements States as natural resource damages under ‘‘(ii) provide technical assistance to the needed to meet the biological goals of the section 11(i); and maximum extent practicable; and conservation plan; and ‘‘(v) the proceeds of performance bonds and ‘‘(iii) give the plans priority consideration ‘‘(iii) sufficient to ensure the completion of other deposits of financial security under for funding under section 6. all conservation measures to be implemented paragraph (9). ‘‘(E) POOLED BONDS OR DEPOSITS.—The Sec- by the permittee under the conservation ‘‘(C) USE.—Amounts in the Fund shall be retary may approve the use of pooled bonds plan that are specified in the plan. available to the Secretary until expended, or deposits in order to meet the require- ‘‘(C) PHASED OR ADJUSTED BONDS OR DEPOS- without further appropriation, to pay the ments of paragraph (9) for plans approved ITS.—In the case of a bond or deposit of other cost of— under this paragraph that— financial security required for a large-scale ‘‘(i) additional conservation measures re- ‘‘(i) do not meet the requirements of sub- conservation plan (as defined in paragraph quired under paragraph (3)(E) and additional paragraph (C); and (12)(A)), or a conservation plan for which the requirements and restrictions required under ‘‘(ii) involve more than 1 landowner. reasonably foreseeable costs may be prohibi- paragraph (7)(C)(iii) for recovery of a species; ‘‘(12) CITIZEN PARTICIPATION; INDEPENDENT tive, the Secretary may authorize the use ‘‘(ii) actions by the Secretary to conserve SCIENTISTS.— of— species under paragraph (6); ‘‘(A) DEFINITIONS.—In this paragraph: S9756 CONGRESSIONAL RECORD — SENATE October 3, 2000

‘‘(i) AGENCY INVOLVEMENT.—The term ‘‘(iii) serving as a focal point for questions, ‘‘(1) to the Secretary of the Interior for ‘agency involvement’ means any role played requests, complaints, and suggestions from carrying out this Act— by the Secretary in the development of a property owners and local governments con- ‘‘(A) $135,000,000 for fiscal year 2001; conservation plan under paragraph (3). cerning the policies and activities of the ‘‘(B) $140,000,000 for fiscal year 2002; ‘‘(ii) INDEPENDENT SCIENTIST.—The term United States Fish and Wildlife Service or ‘‘(C) $145,000,000 for fiscal year 2003; ‘independent scientist’ means a scientist other Federal agencies in the implementa- ‘‘(D) $150,000,000 for fiscal year 2004; and that meets the criteria specified in section tion of this Act; and ‘‘(E) $155,000,000 for fiscal year 2005; and 4(f)(1)(D). ‘‘(iv) training Federal personnel on public ‘‘(2) to the Secretary of Commerce for car- ‘‘(iii) LARGE-SCALE CONSERVATION PLAN.— outreach efforts under this Act.’’. rying out this Act— The term ‘large-scale conservation plan’ SEC. 109. CITIZEN SUITS. ‘‘(A) $35,000,000 for fiscal year 2001; means a conservation plan that covers a sig- Section 11(g) (16 U.S.C. 1540(g)) is ‘‘(B) $40,000,000 for fiscal year 2002; nificant portion of the range of an endan- amended— ‘‘(C) $45,000,000 for fiscal year 2003; gered species, threatened species, candidate (1) in paragraph (1)(A), by striking ‘‘in vio- ‘‘(D) $50,000,000 for fiscal year 2004; and species, or species proposed for listing under lation’’ and all that follows through the end ‘‘(E) $55,000,000 for fiscal year 2005. section 4. of the subparagraph and inserting ‘‘in viola- ‘‘(b) CONVENTION IMPLEMENTATION.—In ad- ‘‘(B) NOTICE AND COMMENT.—The Secretary tion of this Act, any regulation or permit dition to other amounts authorized by this may issue a permit under this section only issued under this Act, any statement pro- section, there are authorized to be appro- after— vided by the Secretary under section 7(b)(3), priated to the Secretary of the Interior for ‘‘(i) notice of the receipt of an application or any agreement concluded under this carrying out functions under section 8 relat- for the permit has been published in the Fed- Act;’’; and ing to implementation of the Convention on eral Register; (2) in paragraph (2)— International Trade in Endangered Species (A) in subparagraph (A)(i), by inserting be- ‘‘(ii) at least a 60-day public comment pe- of Wild Fauna and Flora— fore the semicolon at the end the following riod has been provided; and ‘‘(1) $3,000,000 for fiscal year 2001; and ‘‘, except that notwithstanding this clause ‘‘(iii) a notice of permit approval has been ‘‘(2) $4,000,000 for each of fiscal years 2002 such an action may be brought immediately published in the Federal Register with agen- and 2003. after the notice in the case of an action ‘‘(c) HABITAT CONSERVATION PLAN FUND.— cy responses to public comments. against any person regarding an emergency In addition to other amounts authorized by ‘‘(C) AGENCY INVOLVEMENT.— posing a significant risk to any species of this section, there is authorized to be appro- ‘‘(i) IN GENERAL.—On receipt of request for fish, wildlife, or plant included in a list priated to the Habitat Conservation Plan involvement by an agency in the develop- under section 4(c) or proposed for inclusion Fund established by section 10(a)(10) ment of a large-scale conservation plan pur- in such a list’’; and $20,000,000 for each of fiscal years 2001, 2002, suant to paragraphs (3)(A) and (11), the Sec- (B) in subparagraph (B)(i), by inserting be- and 2003. retary shall promptly publish a notice in the fore the semicolon at the end the following: ‘‘(d) COOPERATIVE AGREEMENT FUNDS.—In Federal Register announcing the agency’s in- ‘‘, except that notwithstanding this clause addition to other amounts authorized by this volvement and briefly describing the activi- such an action may be brought immediately section, there are authorized to be ties that would be permitted under the plan. after such notice in the case of an action appropriated— ‘‘(ii) AVAILABILITY OF INFORMATION.—The under this section against any person regard- ‘‘(1) to the Secretary of the Interior for en- Secretary shall make available, on request, ing an emergency posing a significant risk to tering into cooperative agreements under any information in the Secretary’s posses- any species of fish, wildlife, or plant included section 6 with States and Indian tribes, sion or control concerning the planning ef- in a list under section 4(c)’’. $20,000,000 for each of fiscal years 2001, 2002, forts. SEC. 110. NATURAL RESOURCE DAMAGE LIABIL- and 2003; and ‘‘(D) PUBLIC PARTICIPATION.— ITY. ‘‘(2) to the Secretary of Commerce for en- ‘‘(i) IN GENERAL.—The Secretary shall in- Section 11 (16 U.S.C. 1540) is amended by tering into cooperative agreements under vite members of the public to participate in adding at the end the following: section 6 with States and Indian tribes, the development of large-scale conservation ‘‘(i) NATURAL RESOURCE DAMAGE LIABIL- $5,000,000 for each of fiscal years 2001, 2002, plans and multiple landowner, multispecies ITY.— and 2003.’’. plans. ‘‘(1) IN GENERAL.—Any person that, in vio- TITLE II—SPECIES CONSERVATION TAX ‘‘(ii) BALANCED DEVELOPMENT PROCESS.— lation of this Act, negligently damages any INCENTIVES The Secretary shall promulgate regulations member or habitat of a species included in a establishing a development process under list under section 4(c) shall be liable to— SEC. 201. TAX EXCLUSION FOR COST-SHARING this paragraph that ensures an equitable bal- PAYMENTS UNDER PARTNERS FOR ‘‘(A) the United States for the costs in- FISH AND WILDLIFE PROGRAM. ance of participation between— curred by the United States in restoring or (a) IN GENERAL.—Section 126(a) of the In- ‘‘(I) citizens with a primary interest in car- replacing the member or habitat, including ternal Revenue Code of 1986 (relating to cer- rying out economic development activities reasonable costs of assessing the damage; tain cost-sharing payments) is amended by that may affect species conservation; and and redesignating paragraph (10) as paragraph ‘‘(II) citizens whose primary interest is in ‘‘(B) a State for the costs incurred by the (11) and by inserting after paragraph (9) the State in restoring or replacing the member species conservation. following: or habitat under a management agreement ‘‘(iii) MEETINGS.—A meeting of partici- ‘‘(10) The Partners for Fish and Wildlife with the Secretary under section 6(a) or a co- pants under this subparagraph shall not be Program authorized by the Fish and Wildlife operative agreement with the Secretary subject to the Federal Advisory Committee Act of 1956 (16 U.S.C. 742a et seq.).’’. Act (5 U.S.C. App.), but shall be open to the under section 6(c), including reasonable costs (b) EFFECTIVE DATE.—The amendments public. of assessing the damage. made by this section shall apply to payments ‘‘(E) INDEPENDENT SCIENTISTS.—On receipt ‘‘(2) DEPOSIT.—Amounts received by the received after the date of the enactment of of a request for involvement by an agency in United States under this subsection— this Act. ‘‘(A) shall be deposited in the Habitat Con- the development of a large-scale conserva- SEC. 202. ENHANCED DEDUCTION FOR THE DO- tion plan, the Secretary shall invite inde- servation Plan Fund established by section NATION OF A CONSERVATION EASE- pendent scientists with expertise on species 10(a)(10); and MENT. that may be affected by the plan to provide ‘‘(B) may be obligated only for the acquisi- (a) IN GENERAL.—Subparagraph (A) of sec- input. tion or rehabilitation of damaged habitat or tion 170(h)(4) of the Internal Revenue Code of ‘‘(13) COMMUNITY ASSISTANCE PROGRAM.— populations. 1986 (defining conservation purpose) is ‘‘(A) ESTABLISHMENT.—The Secretary shall ‘‘(3) CIVIL ACTIONS BY SECRETARY.—The amended by striking ‘‘or’’ at the end of establish a community assistance program Secretary may commence a civil action on clause (iii), by striking the period at the end to provide timely and accurate information behalf of the United States under this sub- of clause (iv) and inserting ‘‘, or’’, and by to local governments and property owners in section. adding at the end the following: accordance with subparagraph (B). ‘‘(4) NOTICE.—No action may be com- ‘‘(v) the conservation of a species des- ‘‘(B) FIELD OFFICE EMPLOYEES.—Under the menced under this subsection by the Sec- ignated by the Secretary of the Interior or community assistance program, the Sec- retary or a State before the end of the 60-day the Secretary of Commerce under the Endan- retary shall assign to each field office of the period beginning on the date on which the gered Species Act of 1973 (16 U.S.C. 1531 et United States Fish and Wildlife Service em- Secretary or the State, respectively, pro- seq) as endangered or threatened, proposed ployees whose duties include— vides written notice of the action to the per- by such Secretary for designation as endan- ‘‘(i) providing accurate, timely informa- son against whom the action is com- gered or threatened, or identified by such tion on local impacts of determinations that menced.’’. Secretary as a candidate for such designa- species are endangered species or threatened SEC. 111. AUTHORIZATION OF APPROPRIATIONS. tion, provided the property is not required, species, recovery planning efforts, and other Section 15 (16 U.S.C. 1542) is amended to as of the date of contribution, to be used for actions under this Act; read as follows: such purpose other than by reason of the ‘‘(ii) providing assistance on obtaining per- ‘‘SEC. 15. AUTHORIZATION OF APPROPRIATIONS. terms of contribution.’’. mits under this section and otherwise com- ‘‘(a) IN GENERAL.—There are authorized to (b) ENHANCED DEDUCTIONS.—Subsection (e) plying with this Act; be appropriated— of section 170 of the Internal Revenue Code October 3, 2000 CONGRESSIONAL RECORD — SENATE S9757

of 1986 (defining qualified conservation con- ‘‘(B) ACQUISITION INDEBTEDNESS.—For pur- ‘‘(iii) the termination of the endangered tribution) is amended by adding at the end poses of this paragraph, the term ‘acquisi- species conservation agreement. the following: tion indebtedness’ means, with respect to ‘‘(B) AMOUNT OF ADDITIONAL TAX.— ‘‘(7) SPECIAL RULES FOR CONTRIBUTIONS RE- any real property, the unpaid amount of— ‘‘(i) IN GENERAL.—The amount of the addi- LATED TO CONSERVATION OF SPECIES.—In the ‘‘(i) the indebtedness incurred by the donor tional tax imposed by subparagraph (A) with case of a qualified conservation contribution in acquiring such property, respect to any interest shall be an amount by an individual for the conservation of en- ‘‘(ii) the indebtedness incurred before the equal to the applicable percentage of the dangered or threatened species, proposed acquisition of such property if such indebted- lesser of— species, or candidate species under sub- ness would not have been incurred but for ‘‘(I) the adjusted tax difference attrib- section (h)(4)(v): such acquisition, utable to such interest (within the meaning ‘‘(A) 50 PERCENT LIMITATION TO APPLY.— ‘‘(iii) the indebtedness incurred after the of section 2032A(c)(2)(B)), or Such a contribution shall be treated for the acquisition of such property if such indebted- ‘‘(II) the excess of the amount realized purposes of this section as described in sub- ness would not have been incurred but for with respect to the interest (or, in any case section (b)(l)(A). such acquisition and the incurrence of such other than a sale or exchange at arm’s ‘‘(B) 20-YEAR CARRY FORWARD.—Subsection indebtedness was reasonably foreseeable at length, the fair market value of the interest) (d)(1) shall be applied by substituting ‘20 the time of such acquisition, and over the value of the interest determined years’ for ‘5 years’ each place it appears and ‘‘(iv) the extension, renewal, or refinancing under subsection (a). with appropriate adjustments in the applica- of an acquisition indebtedness. ‘‘(ii) APPLICABLE PERCENTAGE.—For pur- tion of subparagraph (A)(ii) thereof. ‘‘(c) ENDANGERED SPECIES CONSERVATION poses of clause (i), the applicable percentage ‘‘(C) UNUSED DEDUCTION CARRYOVER AL- AGREEMENT.—For purposes of this section— is determined in accordance with the fol- LOWED ON TAXPAYER’S LAST RETURN.—If the ‘‘(1) IN GENERAL.—The term ‘endangered lowing table: The applicable taxpayer dies before the close of the last tax- species conservation agreement’ means a ‘‘If, with respect to percentage is— able year for which a deduction could have written agreement entered into with the the date of the been allowed under subsection (d)(1), any Secretary of the Interior or the Secretary of agreement, the date portion of the deduction for such contribu- Commerce— of the event de- tion which has not been allowed shall be al- ‘‘(A) which commits each person who scribed in subpara- lowed as a deduction under subsection (a) signed such agreement to carry out on the graph (A) occurs— (without regard to subsection (b)) for the real property activities or practices not oth- Before 10 years ...... 100 taxable year in which such death occurs or erwise required by law or to refrain from car- After 9 years and before 20 years .... 75 such portion may be used as a deduction rying out on such property activities or After 19 years and before 30 years ... 50 against the gross estate of the taxpayer.’’. practices that could otherwise be lawfully After 29 years and before 40 years ... 25 (c) EFFECTIVE DATE.—The amendments carried out and includes— After 39 ...... 0. made by this section shall apply to contribu- ‘‘(i) objective and measurable species of ‘‘(C) EXCEPTION IF CERTAIN HEIRS ASSUME tions made after the date of the enactment concern conservation goals, OBLIGATIONS UPON THE DEATH OF A PERSON of this Act. ‘‘(ii) site-specific and other management EXECUTING THE AGREEMENT.—Subparagraph SEC. 203. EXCLUSION FROM ESTATE TAX FOR measures necessary to achieve those goals, (A)(i) shall not apply if— REAL PROPERTY SUBJECT TO EN- and ‘‘(i) upon the death of a person described in DANGERED SPECIES CONSERVATION ‘‘(iii) objective and measurable criteria to subsection (b)(1)(B) during the term of such AGREEMENT. monitor progress toward those goals, agreement, the property subject to such (a) IN GENERAL.—Part IV of subchapter A ‘‘(B) which is certified by such Secretary agreement passes to a member of the per- of chapter 11 of the Internal Revenue Code of as providing a major contribution to the con- son’s family, and 1986 (relating to taxable estate) is amended servation of a species of concern, and ‘‘(ii) the member agrees— by adding at the end the following new sec- ‘‘(C) which is for a term that such Sec- ‘‘(I) to assume the obligations imposed on tion: retary determines is sufficient to achieve the such person under the endangered species ‘‘SEC. 2058. CERTAIN REAL PROPERTY SUBJECT purposes of the agreement, but not less than conservation agreement, TO ENDANGERED SPECIES CON- ‘‘(II) to assume personal liability for any SERVATION AGREEMENT. 10 years beginning on the date of the dece- tax imposed under subparagraph (A) with re- ‘‘(a) GENERAL RULE.—For purposes of the dent’s death. tax imposed by section 2001, the value of the ‘‘(2) SPECIES OF CONCERN.—The term ‘spe- spect to any future event described in sub- taxable estate shall be determined by de- cies of concern’ means any species des- paragraph (A), and ducting from the value of the gross estate an ignated by the Secretary of the Interior or ‘‘(III) to notify the Secretary of the Treas- amount equal to lesser of— the Secretary of Commerce under the Endan- ury and the Secretary of the Interior or the ‘‘(1) the adjusted value of real property in- gered Species Act of 1973 (16 U.S.C. 1531 et Secretary of Commerce that the member has cluded in the gross estate which is subject to seq) as endangered or threatened, proposed assumed such obligations and liability. an endangered species conservation agree- by such Secretary for designation as endan- If a member of the person’s family enters ment, or gered or threatened, or identified by such into an agreement described in subclauses ‘‘(2) $10,000,000. Secretary as a candidate for such designa- (I), (II), and (III), such member shall be ‘‘(b) PROPERTY SUBJECT TO AN ENDANGERED tion. treated as signatory to the endangered spe- SPECIES CONSERVATION AGREEMENT.—For ‘‘(3) ANNUAL CERTIFICATION TO THE SEC- cies conservation agreement the person en- purposes of this section— RETARY BY THE SECRETARY OF THE INTERIOR tered into. ‘‘(1) IN GENERAL.—Real property shall be OR THE SECRETARY OF COMMERCE OF THE STA- ‘‘(2) DUE DATE OF ADDITIONAL TAX.—The ad- treated as subject to an endangered species TUS OF ENDANGERED SPECIES CONSERVATION ditional tax imposed by paragraph (1) shall conservation agreement if— AGREEMENTS.—If the executor elects the ap- become due and payable on the day that is 6 ‘‘(A) such property was owned by the dece- plication of this section, the executor shall months after the date of the disposition re- dent or a member of the decedent’s family at promptly give written notice of such elec- ferred to in paragraph (1)(A)(i) or, in the case all times during the 3-year period ending on tion to the Secretary of the Interior or the of an event described in clause (ii) or (iii) of the date of the decedent’s death, Secretary of Commerce. The Secretary of paragraph (1)(A), on April 15 of the calendar ‘‘(B) each person who has an interest in the Interior or the Secretary of Commerce year following any year in which the Sec- such property (whether or not in possession) shall thereafter annually certify to the Sec- retary of the Interior or the Secretary of has entered into— retary that the endangered species conserva- Commerce fails to provide the certification ‘‘(i) an endangered species conservation tion agreement applicable to any property required under subsection (c)(3). agreement with respect to such property, for which such election has been made re- ‘‘(e) STATUTE OF LIMITATIONS.—If a tax- and mains in effect and is being satisfactorily payer incurs a tax liability pursuant to sub- ‘‘(ii) a written agreement with the Sec- complied with. section (d)(1)(A), then— retary consenting to the application of sub- ‘‘(d) RECAPTURE OF TAX BENEFIT IN CERTAIN ‘‘(1) the statutory period for the assess- section (d), and CASES.— ment of any additional tax imposed by sub- ‘‘(C) the executor of the decedent’s estate— ‘‘(1) DISPOSITION OF INTEREST OR MATERIAL section (d)(1)(A) shall not expire before the ‘‘(i) elects the application of this section, BREACH.— expiration of 3 years from the date the Sec- and ‘‘(A) IN GENERAL.—An additional tax in the retary is notified (in such manner as the Sec- ‘‘(ii) files with the Secretary such endan- amount determined under subparagraph (B) retary may by regulation prescribe) of the gered species conservation agreement. shall be imposed on any person on the earlier incurring of such tax liability, and ‘‘(2) ADJUSTED VALUE.— of— ‘‘(2) such additional tax may be assessed ‘‘(A) IN GENERAL.—The adjusted value of ‘‘(i) the disposition by such person of any before the expiration of such 3-year period any real property shall be its value for pur- interest in property subject to an endangered notwithstanding the provisions of any other poses of this chapter, reduced by— species conservation agreement (other than law or rule of law that would otherwise pre- ‘‘(i) any amount deductible under section a disposition described in subparagraph (C)), vent such assessment. 2055(f) with respect to the property, and ‘‘(ii) a material breach by such person of ‘‘(f) ELECTION AND FILING OF AGREEMENT.— ‘‘(ii) any acquisition indebtedness with re- the endangered species conservation agree- The election under this section shall be made spect to the property. ment, or S9758 CONGRESSIONAL RECORD — SENATE October 3, 2000 on the return of the tax imposed by section 1768, a bill to amend the Congressional Internal Revenue Code of 1986 to allow 2001. Such election, and the filing under sub- Budget Act of 1974 to protect Social Se- individuals a refundable credit against section (b) of an endangered species con- curity surpluses through strengthened income tax for the purchase of private servation agreement, shall be made in such budgetary enforcement mechanisms. health insurance, and to establish manner as the Secretary shall by regulation provide. S. 1902 State health insurance safety-net pro- ‘‘(g) APPLICATION OF THIS SECTION TO IN- At the request of Mrs. FEINSTEIN, the grams. TERESTS IN PARTNERSHIPS, CORPORATIONS, name of the Senator from Illinois (Mr. S. 2505 AND TRUSTS.—This section shall apply to an DURBIN) was added as a cosponsor of S. At the request of Mr. JEFFORDS, the interest in a partnership, corporation, or 1902, a bill to require disclosure under name of the Senator from North Da- trust if at least 30 percent of the entity is the Freedom of Information Act re- kota (Mr. DORGAN) was added as a co- owned (directly or indirectly) by the dece- dent, as determined under the rules de- garding certain persons and records of sponsor of S. 2505, a bill to amend title scribed in section 2057(e)(3). the Japanese Imperial Army in a man- XVIII of the Social Security Act to ‘‘(h) MEMBER OF FAMILY.—For purposes of ner that does not impair any investiga- provide increased assess to health care this section, the term ‘member of the family’ tion or prosecution conducted by the for medical beneficiaries through tele- means any member of the family (as defined Department of Justice or certain intel- medicine. in section 2032A(e)(2)) of the decedent.’’. ligence matters, and for other pur- S. 2690 (b) CARRYOVER BASIS.—Section 1014(a)(4) of poses. At the request of Mr. LEAHY, the the Internal Revenue Code of 1986 (relating to basis of property acquired from a dece- S. 1941 name of the Senator from New Jersey dent) is amended by inserting ‘‘or 2058’’ after At the request of Mr. DODD, the name (Mr. TORRICELLI) was added as a co- ‘‘section 2031(c)’’. of the Senator from Georgia (Mr. sponsor of S. 2690, a bill to reduce the (c) CLERICAL AMENDMENT.—The table of CLELAND) was added as a cosponsor of risk that innocent persons may be exe- sections for part IV of subchapter A of chap- S. 1941, a bill to amend the Federal cuted, and for other purposes. ter 11 of the Internal Revenue Code of 1986 is Fire Prevention and Control Act of 1974 S. 2703 amended by adding at the end the following to authorize the Director of the Fed- new item: At the request of Mr. AKAKA, the eral Emergency Management Agency name of the Senator from West Vir- ‘‘Sec. 2058. Certain real property subject to to provide assistance to fire depart- ginia (Mr. ROCKEFELLER) was added as endangered species conserva- ments and fire prevention organiza- a cosponsor of S. 2703, a bill to amend tion agreement.’’. tions for the purpose of protecting the the provisions of title 39, United States (d) EFFECTIVE DATE.—The amendments public and firefighting personnel Code, relating to the manner in which made by this section shall apply to estates of against fire and fire-related hazards. pay policies and schedules and fringe decedents dying after the date of the enact- ment of this Act. S. 1957 benefit programs for postmasters are established. SEC. 204. EXPANSION OF ESTATE TAX EXCLUSION At the request of Mr. SCHUMER, the FOR REAL PROPERTY SUBJECT TO name of the Senator from South Caro- S. 2725 QUALIFIED CONSERVATION EASE- lina (Mr. HOLLINGS) was added as a co- At the request of Mr. SMITH of New MENT. sponsor of S. 1957, a bill to provide for Hampshire, the name of the Senator (a) REPEAL OF CERTAIN RESTRICTIONS ON the payment of compensation to the from Wisconsin (Mr. KOHL) was added WHERE LAND IS LOCATED.—Clause (i) of sec- tion 2031(c)(8)(A) of the Internal Revenue families of the Federal employees who as a cosponsor of S. 2725, a bill to pro- Code of 1986 (defining land subject to a quali- were killed in the crash of a United vide for a system of sanctuaries for fied conservation easement) is amended to States Air Force CT–43A aircraft on chimpanzees that have been designated read as follows: April 3, 1996, near Dubrovnik, Croatia, as being no longer needed in research ‘‘(i) which is located in the United States carrying Secretary of Commerce Ron- conducted or supported by the Public or any possession of the United States,’’. ald H. Brown and 34 others. Health Service, and for other purposes. (b) EFFECTIVE DATE.—The amendments S. 2003 S. 2903 made by this section shall apply to estates of decedents dying after the date of the enact- At the request of Mr. JOHNSON, the At the request of Mr. ABRAHAM, the ment of this Act. name of the Senator from Georgia (Mr. name of the Senator from Texas (Mrs. f MILLER) was added as a cosponsor of S. HUTCHISON) was added as a cosponsor of 2003, a bill to restore health care cov- S. 2903, a bill to amend the Internal ADDITIONAL COSPONSORS erage to retired members of the uni- Revenue Code of 1986 to expand the S. 482 formed services. child tax credit. At the request of Mr. ABRAHAM, the S. 2225 S. 2967 name of the Senator from Texas (Mrs. At the request of Mr. GRASSLEY, the At the request of Mr. MURKOWSKI, the HUTCHISON) was added as a cosponsor of names of the Senator from Michigan name of the Senator from North Caro- S. 482, a bill to amend the Internal (Mr. ABRAHAM) and the Senator from lina (Mr. HELMS) was added as a co- Revenue Code of 1986 to repeal the in- New Hampshire (Mr. SMITH) were added sponsor of S. 2967, a bill to amend the crease in the tax on the social security as cosponsors of S. 2225, a bill to amend Internal Revenue Code of 1986 to facili- benefits. the Internal Revenue Code of 1986 to tate competition in the electric power S. 1536 allow individuals a deduction for quali- industry. At the request of Mr. DEWINE, the fied long-term care insurance pre- S. 3018 names of the Senator from Arkansas miums, use of such insurance under At the request of Mr. TORRICELLI, the (Mr. HUTCHINSON), the Senator from cafeteria plans and flexible spending name of the Senator from Wisconsin Delaware (Mr. BIDEN), the Senator arrangements, and a credit for individ- (Mr. FEINGOLD) was added as a cospon- from Connecticut (Mr. LIEBERMAN), the uals with long-term care needs. sor of S. 3018, a bill to amend the Fed- Senator from Arkansas (Mrs. LINCOLN), S. 2330 eral Deposit Insurance Act with re- the Senator from Hawaii (Mr. AKAKA), At the request of Mr. ROTH, the spect to municipal deposits. and the Senator from West Virginia names of the Senator from Texas (Mrs. S. 3020 (Mr. BYRD) were added as cosponsors of HUTCHISON) and the Senator from Mon- At the request of Mr. GRAMS, the S. 1536, a bill to amend the Older Amer- tana (Mr. BAUCUS) were added as co- name of the Senator from Alabama icans Act of 1965 to extend authoriza- sponsors of S. 2330, a bill to amend the (Mr. SHELBY) was added as a cosponsor tions of appropriations for programs Internal Revenue Code of 1986 to repeal of S. 3020, a bill to require the Federal under the Act, to modernize programs the excise tax on telephone and other Communications Commission to revise and services for older individuals, and communication services. its regulations authorizing the oper- for other purposes. S. 2337 ation of new, low-power FM radio sta- S. 1768 At the request of Mr. SANTORUM, the tions. At the request of Mr. ABRAHAM, the name of the Senator from New Hamp- S. 3060 name of the Senator from Indiana (Mr. shire (Mr. SMITH) was added as a co- At the request of Mr. WELLSTONE, the LUGAR) was added as a cosponsor of S. sponsor of S. 2337, a bill to amend the names of the Senator from Minnesota October 3, 2000 CONGRESSIONAL RECORD — SENATE S9759 (Mr. GRAMS) and the Senator from (Mr. LAUTENBERG), the Senator from (iii) 150,000 copies in Chinese. North Carolina (Mr. HELMS) were added Georgia (Mr. CLELAND), the Senator (2) If the total printing and production as cosponsors of S. 3060, a bill to amend from Minnesota (Mr. GRAMS), and the costs of copies in paragraph (1) exceed $165,900, such number of copies of the pam- the Hmong Veterans’ Naturalization Senator from Louisiana (Mr. BREAUX) phlet as does not exceed total printing and Act of 2000 to extend the applicability were added as cosponsors of S. 3147, a production costs of $165,900, shall be printed of that Act to certain former spouses of bill to authorize the establishment, on with distribution to be allocated in the same deceased Hmong veterans. land of the Department of the Interior proportion as in paragraph (1) as it relates to S. 3095 in the District of Columbia or its envi- numbers of copies in the English language. At the request of Mr. KENNEDY, the rons, of a memorial and gardens in f honor and commemoration of Fred- name of the Senator from Iowa (Mr. SENATE RESOLUTION 364—COM- erick Douglass. HARKIN) was added as a cosponsor of S. MENDING SYDNEY, NEW SOUTH 3095, a bill to amend the Immigration S. CON. RES. 60 WALES, AUSTRALIA FOR ITS and Nationality Act to remove certain At the request of Mr. FEINGOLD, the SUCCESSFUL CONDUCT OF THE limitations on the eligibility of aliens name of the Senator from Georgia (Mr. 2000 SUMMER OLYMPIC GAMES residing in the United States to obtain MILLER) was added as a cosponsor of S. AND CONGRATULATING THE lawful permanent resident status. Con. Res. 60, a concurrent resolution UNITED STATES OLYMPIC TEAM S. 3101 expressing the sense of Congress that a FOR ITS OUTSTANDING ACCOM- At the request of Mr. ASHCROFT, the commemorative postage stamp should PLISHMENTS AT THOSE OLYM- name of the Senator from Massachu- be issued in honor of the U.S.S. Wis- PIC GAMES setts (Mr. KERRY) was added as a co- consin and all those who served aboard Mr. HATCH (for himself, Mr. BEN- sponsor of S. 3101, a bill to amend the her. Internal Revenue Code of 1986 to allow NETT, Mr. STEVENS, Ms. LANDRIEU, Mr. S. RES. 359 BROWNBACK, Mr. KERRY, Mr. HELMS, as a deduction in determining adjusted At the request of Mr. JOHNSON, his and Mr. BINGAMAN) submitted the fol- gross income the deduction for ex- name was added as a cosponsor of S. lowing resolution; which was ordered penses in connection with services as a Res. 359, a resolution designating Octo- placed on the calendar: member of a reserve component of the ber 16, 2000, to October 20, 2000 as ‘‘Na- S. RES. 364 Armed Forces of the United States. tional Teach For America Week.’’ Commending Sydney, New South Wales, S. 3112 AMENDMENT NO. 254 Australia for its successful conduct of the At the request of Mr. ABRAHAM, the At the request of Mr. ABRAHAM, the 2000 Summer Olympic Games and congratu- name of the Senator from Maine (Ms. name of the Senator from Indiana (Mr. lating the United States Olympic Team for COLLINS) was added as a cosponsor of S. its outstanding accomplishments at those LUGAR) was added as a cosponsor of 3112, a bill to amend title XVIII of the Olympic Games. amendment No. 254 proposed to S. 557, Social Security Act to ensure access to Whereas the city of Sydney, New South an original bill to provide guidance for Wales, Australia and its residents have digital mammography through ade- the designation of emergencies as a hosted a notably successful 2000 Summer quate payment under the medicare sys- part of the budget process. Olympic Games; tem. Whereas the country and citizens of Aus- AMENDMENT NO. 255 S. 3114 tralia have warmly welcomed visitors and At the request of Mr. ABRAHAM, the At the request of Mr. BAUCUS, the athletes from around the world; Whereas the ideals of the Olympic move- name of the Senator from Hawaii (Mr. name of the Senator from Indiana (Mr. LUGAR) was added as a cosponsor of ment to promote mutual understanding, INOUYE) was added as a cosponsor of S. amendment No. 255 proposed to S. 557, friendship, and peace among nations through 3114, a bill to provide loans for the im- sport have been clearly displayed during the provement of telecommunications an original bill to provide guidance for 2000 Summer Olympic Games; services on Indian reservations. the designation of emergencies as a Whereas the United States Olympic Team part of the budget process. has represented the United States with S. 3116 f sportsmanship, honor, courage, and excel- At the request of Mr. BREAUX, the lence; and names of the Senator from South Da- SENATE CONCURRENT RESOLU- Whereas the United States Olympic ath- kota (Mr. JOHNSON) and the Senator TION 114—TO AUTHORIZE THE letes have competed at the highest level of from Iowa (Mr. HARKIN) were added as PRINTING OF COPIES OF THE sport in the 2000 Summer Olympic Games, cosponsors of S. 3116, a bill to amend earning 39 gold medals, 25 silver medals, and PUBLICATION ENTITLED ‘‘THE 33 bronze medals: Now, therefore, be it the Harmonized Tariff Schedule of the UNITED STATES CAPITOL’’ AS A Resolved, That the Senate— United States to prevent circumven- SENATE DOCUMENT (1) commends the city of Sydney, New tion of the sugar tariff-rate quotas. South Wales, Australia for its successful Mr. MCCONNELL submitted the fol- S. 3133 conduct of the 2000 Summer Olympic Games; lowing concurrent resolution; which At the request of Mr. BAUCUS, the and was considered and agreed to: (2) congratulates the United States Olym- names of the Senator from South Da- S. CON. RES. 141 pic Team for its outstanding accomplish- kota (Mr. DASCHLE), the Senator from ments at the 2000 Summer Olympic Games. North Dakota (Mr. DORGAN), and the Resolved by the Senate (the House of Rep- SEC. 2. The Secretary of the Senate shall Senator from North Dakota (Mr. resentatives concurring), That (a) a revised transmit a copy of this resolution to the edition of the publication entitled ‘‘The Mayor of Sydney, New South Wales, Aus- CONRAD) were added as cosponsors of S. United States Capitol’’ (referred to as ‘‘the 3133, a bill to provide compensation to tralia, and to the United States Olympic pamphlet’’) shall be reprinted as a Senate Committee. producers for underestimation of wheat document. Mr. HATCH. Mr. President, I rise protein content. (b) There shall be printed a total of today to introduce a Senate resolution S. 3146 2,850,000 copies of the pamphlet in English commending Sydney, Australia on the At the request of Mr. CAMPBELL, the and seven other languages at a cost not to success of the 2000 Summer Olympic name of the Senator from Missouri exceed $165,900 for distribution as follows: (1)(A) 206,000 copies of the pamphlet in the Games and congratulating the U.S. (Mr. ASHCROFT) was added as a cospon- English language for the use of the Senate Olympic Team on their outstanding sor of S. 3146, a bill to preserve the sov- with 2,000 copies distributed to each Member; performance. ereignty of the United States over pub- (B) 886,000 copies of the pamphlet in the Once every two years, we have the lic lands and acquired lands owned by English language for the use of the House of great opportunity to witness the the United States, and to preserve Representatives with 2,000 copies distributed world’s finest athletes display aston- State sovereignty and private property to each Member; and ishing feats of speed, strength, flexi- rights in non-Federal lands sur- (C) 1,758,000 copies of the pamphlet for dis- bility and grace. There is no main tribution to the Capitol Guide Service in the rounding those public lands and ac- event quite like the Olympics and the quired lands. following languages: (i) 908,000 copies in English; 2000 Summer Olympic Games in Syd- S. 3147 (ii) 100,000 copies in each of the following ney, Australia, left a remarkable im- At the request of Mr. ROBB, the seven languages: Spanish, German, French, pression on all of us over the past sev- names of the Senator from New Jersey Russian, Japanese, Italian, and Korean; and eral weeks. S9760 CONGRESSIONAL RECORD — SENATE October 3, 2000 On behalf of the United States Sen- But, the Olympics is not only about SENATE RESOLUTION 365—EX- ate, I express deep appreciation to the winning medals. Logan Tom, from Salt PRESSING THE SENSE OF THE city and residents of Sydney, Aus- Lake City who now attends Stanford SENATE REGARDING RECENT tralia, for being such superb hosts for University, led the U.S. Women’s ELECTIONS IN THE FEDERAL RE- the Summer Olympic Games. Planning volleyball team to a terrific—and unex- PUBLIC OF YUGOSLAVIA, AND and organizing such a two-week, multi- FOR OTHER PURPOSES pected—fourth place finish. None of the venue event—which is immediately fol- sports handicappers gave this team Mr. VOINOVICH (for himself, Mr. lowed by the Paralympic Games—is a BIDEN, Mr. LUGAR, Mr. HAGEL, Mr. daunting and monumental task. The much of a chance. Yet, they fought their way to the semifinals and SMITH of Oregon, Mr. LAUTENBERG, and Australians can be extremely proud of Ms. LANDRIEU) submitted the following through a tough five-set match with their efforts, which, by all accounts, resolution; which was referred to the were extraordinary. Russia. Committee on Foreign Relations: We in Salt Lake City will be striving Utah is proud to be the host of the S. RES. 365 to put on an Olympic Winter Games upcoming 2002 Winter Olympic Games that equals Sydney in both efficiency Whereas the Federal Republic of Yugo- in Salt Lake City. We hope to follow slavia held municipal, parliamentary, and and hospitality. presidential elections on September 24, 2000; We can also be very proud of the U.S. the example of the 2000 Games in Syd- ney, Australia, with the same enthu- Whereas Slobodan Milosevic, President of Olympic Team’s outstanding accom- the Federal Republic of Yugoslavia, is an in- plishments. Our athletes turned in ex- siasm and excitement and the same de- dicted war criminal; citing and memorable performances. votion to the ideal of the Olympic Whereas Slobodan Milosevic is largely re- All together, the U.S. Team earned 39 movement, which is ‘‘a belief that sponsible for immeasurable bloodshed, gold medals, 25 silver medals, and 33 sport can break down barriers of lan- human rights abuses, ethnic cleansing, refu- bronze medals—a total of 97 medals, gees, property destruction, and environ- guage, culture, nationality, age and sex mental destruction that has devastated which was the most of any country! and build bridges between people all southeast Europe in recent years; This demonstrates extraordinary com- over the world as a means of promoting Whereas Slobodan Milosevic has arrested, mitment to excellence. These athletes world peace.’’ intimidated, and harassed opposition figures; trained hard just to participate at this Whereas Slobodan Milosevic has prevented level of sport; many sacrificed other Some have derided the Olympic the freedom of assembly; pursuits to attain the honor of com- Games as nothing more than commer- Whereas Slobodan Milosevic has prevented peting in this premier sporting com- cialism run amok. They say that the the freedom and independence of the press petition—the Olympic Games. news coverage is too positive. They say through intimidation, arrests, fines, the de- struction of property, and jamming; There were many ‘‘Olympic mo- that the media glosses over the nega- Whereas Slobodan Milosevic and his sup- ments’’ during these Games. For in- tive elements of the Games—doping, porters refused to allow independent inter- stance, who will ever forget Rulon for example. They claim that the only national election monitors into the Federal Gardner, the Greco-Roman wrestler thing that drives athletes is the pros- Republic of Yugoslavia before the September from Wyoming, who realized his Olym- 24, 2000 elections; pect of product endorsements or profes- pic dream by defeating the one-time in- Whereas reliable reports indicate that vincible, and still great, Aleksandr sional contracts. Slobodan Milosevic and his supporters inten- Karelin, of Russia. Following the Yes, Mr. President, these elements tionally ignored internationally accepted standards for free and fair elections in order match, Gardner said, ‘‘all I could do exist at the Games. It is sad that they to control voting results and violated the was do my best.’’ Isn’t that the beauty do. There were displays of poor sports- Federal Republic of Yugoslavia’s new elec- of the Olympic Games? Athletes all manship. There were cases of doping. tion law in the tabulation of the vote; over the world giving it their all in There are, no doubt, those whose goals Whereas reliable documented reports indi- competition against tremendous odds. extend far beyond the Olympics just cate that 74 percent of the eligible voters of the Federal Republic of Yugoslavia partici- Who could forget Misty Hyman up- concluded. setting the world favorite Susie O’Neill pated in the September 24, 2000 elections; in the 200 meter butterfly? Those of us But, Mr. President, we can look at Whereas reliable documented reports based watching on television could plainly such incidents and say they taint the on official voting records indicate that Olympics as a whole endeavor. Or, we Vojislav Kostunica, President, Democratic sense the sheer surprise and joy of this Party of Serbia, defeated Slobodan Milosevic achievement. can brush them aside as few in number with more than 50 percent of the vote; and And, the athletes from other national and unrepresentative of our athletes as Whereas the people of Serbia, Kosovo, Bos- teams captured our attention as well. a body. We can erase one embarrassing nia, and Croatia have been the victims of Cathy Freeman of Australia, who stole spectacle of bad manners with the wars initiated by the Milosevic regime: Now, therefore, be it the heart of her nation in the 400 meter sight of Dot Richardson embracing her race. China’s Fu Mingxia, who made an Resolved, That the Senate hereby— Japanese opponent. We can remember amazing comeback to win gold in div- (1) congratulates the people of the Federal Marion Jones graciously congratu- Republic of Yugoslavia for the courage in ing. And, Aleksei Nemov, who cele- participating in the September 24, 2000 elec- brated the birth of his child by winning lating the winner of the women’s long jump, although Marion Jones is world tions; a gold medal in gymnastics. (2) applauds the clear decision of the peo- I am very proud of the athletes from class in every way. ple of the Federal Republic of Yugoslavia to my home state of Utah, who rep- In conclusion, Mr. President, I embrace democracy, the rule of law, and in- resented our state with dignity and strongly believe that the people of Syd- tegration into the international community by rejecting dictatorship and isolationism; honor during the Olympic Games. ney, New South Wales, Australia, de- Marcus Jensen and Doug (3) reasserts its strong desire to reestablish serve our official recognition. I know Mientkiewicz, both of the Utah Buzz, the historic friendship between the American what a monumental effort this was. and Serbian people; were members of the U.S. baseball (4) expresses its intention to support a team that defeated the heavily favored And, let us commend our U.S. Olympic Team for their successes on the field as comprehensive assistance program for the Cuban baseball team—the first time in Federal Republic of Yugoslavia to speed its Olympic history that the Cuban team well as for their fine representation of economic recovery and European integration did not win the gold medal in baseball. our country. I urge my colleagues to once a democratic government that respects Natalie Williams, also of Utah and a join me in supporting this Senate reso- the rule of law, human rights, and a market key player for the Utah Starzz, led the lution. economy is established; and (5) expresses its support for full economic U.S. women’s basketball team with 15 Mr. President, I ask unanimous con- points in the Olympic basketball final integration for the Federal Republic of sent that the resolution be placed on Yugoslavia, including access to inter- to help the U.S. win its fourth gold the Calendar. national financial institutions, once a demo- medal in women’s basketball since cratic government that respects the rule of women’s basketball became an Olym- The PRESIDING OFFICER. Without law, human rights, and a market economy is pic sport in 1976. objection, it is so ordered. established. October 3, 2000 CONGRESSIONAL RECORD — SENATE S9761 Mr. VOINOVICH. Mr. President, I am opposition has called for people to TITLE II—INTERNATIONAL ANTI-COR- pleased to introduce a sense-of-the- stage a massive rally in Belgrade on RUPTION AND GOOD GOVERNANCE ACT Senate resolution today to congratu- Thursday, October 5, in a final push to OF 2000 late the people of the Federal Republic drive Milosevic from power. Sec. 201. Short title. The Voinovich-Biden resolution, Mr. Sec. 202. Findings and purpose. of Yugoslavia (FRY) for embracing de- Sec. 203. Development assistance policy. mocracy and the rule of law in the Sep- President, puts the United States Sen- Sec. 204. Department of the Treasury tech- tember 24, 2000 municipal, parliamen- ate on record on the side of the people nical assistance program for de- tary and presidential elections. I am of Yugoslavia and its largest nation- veloping countries. pleased to be joined by Senators BIDEN, ality, the Serbs, against Milosevic’s Sec. 205. Authorization of good governance LANDRIEU, LAUTENBERG, HAGEL, LUGAR, tyranny. programs. and GORDON SMITH in this bipartisan As I have said several times on this TITLE III—INTERNATIONAL ACADEMIC effort. floor, for the last decade our quarrel OPPORTUNITY ACT OF 2000 This resolution makes it clear that has never been with the Serbian people, Sec. 301. Short title. the Senate is eager to embrace a demo- who were allies of the United States in Sec. 302. Statement of purpose. two world wars in the twentieth cen- Sec. 303. Establishment of grant program for cratic government in Serbia that re- foreign study by American col- spects the rule of law, human rights, tury. Vojislav Kostunica, whose vic- lege students of limited finan- and a market economy. Milosevic’s tory in last month’s elections cial means. bloodletting, ethnic cleansing, and Milosevic and his cronies tried to steal Sec. 304. Report to Congress. human rights violations have forced and are now trying to deny, is an hon- Sec. 305. Authorization of appropriations. the international community, includ- est man who should be given a chance Sec. 306. Effective date. ing the United States, to impose a to cooperate with the Western democ- TITLE IV—MISCELLANEOUS PROVISIONS number of crippling sanctions on the racies. Sec. 401. Support for Overseas Cooperative FRY. In the wake of the courageous The Voinovich-Biden resolution is a Development Act. signal to all citizens of the Federal Re- Sec. 402. Funding of certain environmental September 24 vote, it is important to assistance activities of USAID. send a clear message to the Serbian public of Yugoslavia that the path to Sec. 403. Processing of applications for people that the Senate intends to as- their country’s rejoining the inter- transportation of humanitarian sist a democratic government and re- national community, and thereby to assistance abroad by the De- integrate it into the global market- restoring their shattered economy, is partment of Defense. place. This resolution sends that mes- to honor the results of the elections by Sec. 404. Working capital fund. Sec. 405. Increase in authorized number of sage. immediately and formally installing Mr. Kostunica as President. employees and representatives The historic friendship between the of the United States mission to American and Serbian people have suf- f the United Nations provided fered for too long. I look forward to AMENDMENTS SUBMITTED living quarters in New York. continuing to work with my colleagues Sec. 406. Availability of VOA and Radio in the Senate to reestablish this impor- Marti multilingual computer tant relationship by assisting a new MICROENTERPRISE FOR SELF- readable text and voice record- RELIANCE ACT OF 1999 ings. government in Serbia recover from the Sec. 407. Availability of certain materials of destruction of Milosevic’s rule. the Voice of America. Mr. BIDEN. Mr. President, I rise Sec. 408. Paul D.Coverdell Fellows Program today to join my friend from Ohio, Sen- HELMS AMENDMENT NO. 4287 Act of 2000. ator VOINOVICH, and other colleagues in Mr. DEWINE (for Mr. HELMS) pro- TITLE I—MICROENTERPRISE FOR SELF- co-sponsoring a Sense of the Senate posed an amendment to bill (H.R. 1143) RELIANCE ACT OF 2000 Resolution regarding the recent elec- to establish a program to provide as- SEC. 101. SHORT TITLE. tions in the Federal Republic of Yugo- sistance for programs of credit and This title may be cited as the ‘‘Microenter- slavia (FRY), including advocating the other financial services for microenter- prise for Self-Reliance Act of 2000’’. resumption of economic assistance, prises in developing countries, and for SEC. 102. FINDINGS AND DECLARATIONS OF POL- once democracy is restored in that other purposes; as follows: ICY. Congress makes the following findings and country. Strike all after the enacting clause and in- declarations: The Voinovich-Biden resolution con- sert the following: (1) According to the World Bank, more SECTION 1. SHORT TITLE. gratulates the people of the FRY for than 1,200,000,000 people in the developing This Act may be cited as the ‘‘Microenter- their courage in participating in the world, or one-fifth of the world’s population, prise for Self-Reliance and International September 24, 2000 elections; applauds subsist on less than $1 a day. Anti-Corruption Act of 2000’’. the clear decision of the people of the (2) Over 32,000 of their children die each SEC. 2. TABLE OF CONTENTS. day from largely preventable malnutrition FRY to embrace democracy, the rule of The table of contents for this Act is as fol- and disease. law, and integration into the inter- lows: (3)(A) Women in poverty generally have national community by rejecting dic- Sec. 1. Short title. tatorship and isolationism; reasserts larger work loads and less access to edu- Sec. 2. Table of contents. cational and economic opportunities than the strong desire of the Senate to rees- TITLE I—MICROENTERPRISE FOR SELF- their male counterparts. tablish the historic friendship between RELIANCE ACT OF 2000 (B) Directly aiding the poorest of the poor, the American and Serbian peoples; and Sec. 101. Short title. especially women, in the developing world expresses its intention to support a Sec. 102. Findings and declarations of policy. has a positive effect not only on family in- comprehensive assistance program for Sec. 103. Purposes. comes, but also on child nutrition, health Sec. 104. Definitions. and education, as women in particular rein- the FRY to speed its economic recov- Sec. 105. Microenterprise development grant vest income in their families. ery and European integration and ac- assistance. cess to international financial institu- Sec. 106. Micro- and small enterprise devel- (4)(A) The poor in the developing world, opment credits. particularly women, generally lack stable tions, once a democratic government employment and social safety nets. that respects the rule of law, human Sec. 107. United States Microfinance Loan Facility. (B) Many turn to self-employment to gen- rights, and a market economy is estab- Sec. 108. Report relating to future develop- erate a substantial portion of their liveli- lished. ment of microenterprise insti- hood. In Africa, over 80 percent of employ- Slobodan Milosevic, one of the most tutions. ment is generated in the informal sector of despicable individuals I have ever met, Sec. 109. United States Agency for Inter- the self-employed poor. is on the ropes. Even as we meet here national Development as global (C) These poor entrepreneurs are often today, tens of thousands of brave men leader and coordinator of bilat- trapped in poverty because they cannot ob- and women are refusing to work and eral and multilateral micro- tain credit at reasonable rates to build their enterprise assistance activities. asset base or expand their otherwise viable instead are demonstrating in the Sec. 110. Sense of Congress on consideration self-employment activities. streets of cities throughout Yugoslavia of Mexico as a key priority in (D) Many of the poor are forced to pay in- for Milosevic to honor the results of microenterprise funding alloca- terest rates as high as 10 percent per day to last month’s elections. The democratic tions. money lenders. S9762 CONGRESSIONAL RECORD — SENATE October 3, 2000 (5)(A) The poor are able to expand their in- institutions that provide credit to the poor- leadership among bilateral and multilateral comes and their businesses dramatically est, with loans under $300. donors in promoting microenterprise for the when they can access loans at reasonable in- (C) In order to achieve the goal of the poorest of the poor. terest rates. microcredit summit, increased investment in SEC. 104. DEFINITIONS. (B) Through the development of self-sus- microfinance institutions serving the poor- In this title: taining microfinance programs, poor people est will be critical. (1) BUSINESS DEVELOPMENT SERVICES.—The themselves can lead the fight against hunger (12) Providing the United States share of term ‘‘business development services’’ means and poverty. the global investment needed to achieve the support for the growth of microenterprises (6)(A) On February 2–4, 1997, a global goal of the microcredit summit will require through training, technical assistance, mar- Microcredit Summit was held in Wash- only a small increase in United States fund- keting assistance, improved production tech- ington, District of Columbia, to launch a ing for international microcredit programs, nologies, and other services. plan to expand access to credit for self-em- with an increased focus on institutions serv- (2) MICROENTERPRISE INSTITUTION.—The ployment and other financial and business ing the poorest. term ‘‘microenterprise institution’’ means services to 100,000,000 of the world’s poorest (13)(A) In order to reach tens of millions of an institution that provides services, includ- families, especially the women of those fami- the poorest with microcredit, it is crucial to ing microfinance, training, or business devel- lies, by 2005. While this scale of outreach expand and replicate successful microfinance opment services, for microentrepreneurs. may not be achievable in this short time-pe- institutions. (3) MICROFINANCE INSTITUTION.—The term riod, the realization of this goal could dra- (B) These institutions need assistance in ‘‘microfinance institution’’ means an insti- matically alter the face of global poverty. developing their institutional capacity to ex- tution that directly provides, or works to ex- (B) With an average family size of five, pand their services and tap commercial pand, the availability of credit, savings, and achieving this goal will mean that the bene- sources of capital. other financial services to microentre- fits of microfinance will thereby reach near- (14) Nongovernmental organizations have preneurs. ly half of the world’s more than 1,000,000,000 demonstrated competence in developing net- (4) PRACTITIONER INSTITUTION.—The term absolute poor people. works of local microfinance institutions and ‘‘practitioner institution’’ means any insti- (7)(A) Nongovernmental organizations, other assistance delivery mechanisms so tution that provides services, including such as those that comprise the Microenter- that they reach large numbers of the very microfinance, training, or business develop- prise Coalition (such as the Grameen Bank poor, and achieve financial sustainability. ment services, for microentrepreneurs, or (Bangladesh,) K–REP (Kenya), and networks (15) Recognizing that the United States provides assistance to microenterprise insti- such as Accion International, the Founda- Agency for International Development has tutions. tion for International Community Assist- developed very effective partnerships with SEC. 105. MICROENTERPRISE DEVELOPMENT ance (FINCA), and the credit union move- nongovernmental organizations, and that GRANT ASSISTANCE. ment) are successful in lending directly to the Agency will have fewer missions overseas Chapter 1 of part I of the Foreign Assist- the very poor. to carry out its work, the Agency should ance Act of 1961 (22 U.S.C. 2151 et seq.) is (B) Microfinance institutions such as place priority on investing in those non- amended by adding at the end the following new section: BRAC (Bangladesh), BancoSol (Bolivia), governmental network institutions that SEWA Bank (India), and ACEP (Senegal) are meet performance criteria through the cen- ‘‘SEC. 131. MICROENTERPRISE DEVELOPMENT regulated financial institutions that can GRANT ASSISTANCE. tral funding mechanisms of the Agency. raise funds directly from the local and inter- ‘‘(a) FINDINGS AND POLICY.—Congress finds (16) By expanding and replicating success- national capital markets. and declares that— ful microfinance institutions, it should be (8)(A) Microenterprise institutions not ‘‘(1) the development of microenterprise is possible to create a global infrastructure to only reduce poverty, but also reduce the de- a vital factor in the stable growth of devel- provide financial services to the world’s pendency on foreign assistance. oping countries and in the development of poorest families. (B) Interest income on the credit portfolio free, open, and equitable international eco- (17)(A) The United States can provide lead- is used to pay recurring institutional costs, nomic systems; ership to other bilateral and multilateral de- assuring the long-term sustainability of de- ‘‘(2) it is therefore in the best interest of velopment assistance. velopment agencies as such agencies expand the United States to assist the development (9) Microfinance institutions leverage for- their support to the microenterprise sector. of microenterprises in developing countries; eign assistance resources because loans are (B) The United States should seek to im- and recycled, generating new benefits to program prove coordination among G–7 countries in ‘‘(3) the support of microenterprise can be participants. the support of the microenterprise sector in served by programs providing credit, savings, (10)(A) The development of sustainable order to leverage the investment of the training, technical assistance, and business microfinance institutions that provide credit United States with that of other donor na- development services. and training, and mobilize domestic savings, tions. ‘‘(b) AUTHORIZATION.— is a critical component to a global strategy (18) Through increased support for micro- ‘‘(1) IN GENERAL.—In carrying out this part, of poverty reduction and broad-based eco- enterprise, especially credit for the poorest, the President is authorized to provide grant nomic development. the United States can continue to play a assistance for programs to increase the (B) In the efforts of the United States to leadership role in the global effort to expand availability of credit and other services to lead the development of a new global finan- financial services and opportunity to microenterprises lacking full access to cap- cial architecture, microenterprise should 100,000,000 of the poorest families on the ital training, technical assistance, and busi- play a vital role. The recent shocks to inter- planet. ness development services, through— national financial markets demonstrate how SEC. 103. PURPOSES. ‘‘(A) grants to microfinance institutions the financial sector can shape the destiny of The purposes of this title are— for the purpose of expanding the availability nations. Microfinance can serve as a power- (1) to make microenterprise development of credit, savings, and other financial serv- ful tool for building a more inclusive finan- an important element of United States for- ices to microentrepreneurs; cial sector which serves the broad majority eign economic policy and assistance; ‘‘(B) grants to microenterprise institutions of the world’s population including the very (2) to provide for the continuation and ex- for the purpose of training, technical assist- poor and women and thus generate more so- pansion of the commitment of the United ance, and business development services for cial stability and prosperity. States Agency for International Develop- microenterprises to enable them to make (C) Over the last two decades, the United ment to the development of microenterprise better use of credit, to better manage their States has been a global leader in promoting institutions as outlined in its 1994 Micro- enterprises, and to increase their income and the global microenterprise sector, primarily enterprise Initiative; build their assets; through its development assistance pro- (3) to support and develop the capacity of ‘‘(C) capacity-building for microenterprise grams at the United States Agency for Inter- United States and indigenous nongovern- institutions in order to enable them to bet- national Development. Additionally, the De- mental organization intermediaries to pro- ter meet the credit and training needs of partment of the Treasury and the Depart- vide credit, savings, training, technical as- microentrepreneurs; and ment of State have used their authority to sistance, and business development services ‘‘(D) policy and regulatory programs at the promote microenterprise in the development to microentrepreneurs; country level that improve the environment programs of international financial institu- (4) to emphasize financial services and sub- for microentrepreneurs and microenterprise tions and the United Nations. stantially increase the amount of assistance institutions that serve the poor and very (11)(A) In 1994, the United States Agency devoted to both financial services and com- poor. for International Development launched the plementary business development services ‘‘(2) IMPLEMENTATION.—Assistance author- ‘‘Microenterprise Initiative’’ in partnership designed to reach the poorest people in de- ized under paragraph (1) (A) and (B) shall be with the Congress. veloping countries, particularly women; and provided through organizations that have a (B) The initiative committed to expanding (5) to encourage the United States Agency capacity to develop and implement micro- funding for the microenterprise programs of for International Development to coordinate enterprise programs, including the Agency, and set a goal that, by the end microfinance policy, in consultation with particularly— of fiscal year 1996, one-half of all microenter- the Department of the Treasury and the De- ‘‘(A) United States and indigenous private prise resources would support programs and partment of State, and to provide global and voluntary organizations; October 3, 2000 CONGRESSIONAL RECORD — SENATE S9763 ‘‘(B) United States and indigenous credit poorest of the poor, including proposed legis- ‘‘(3) The extent to which the entity is ori- unions and cooperative organizations; or lation containing amendments to enhance ented toward working directly with poor ‘‘(C) other indigenous governmental and the sustainable development impact of such women. nongovernmental organizations. assistance, as described in paragraph (3). ‘‘(4) The extent to which the entity recov- ‘‘(3) TARGETED ASSISTANCE.—In carrying ‘‘(d) LEVEL OF ASSISTANCE.—Of the funds ers its cost of lending. out sustainable poverty-focused programs made available under this part, the FREE- ‘‘(5) The extent to which the entity imple- under paragraph (1), 50 percent of all micro- DOM Support Act, and the Support for East ments a plan to become financially sustain- enterprise resources shall be targeted to very European Democracy (SEED) Act of 1989, in- able. poor entrepreneurs, defined as those living in cluding local currencies derived from such ‘‘(d) ADDITIONAL REQUIREMENT.—Assistance the bottom 50 percent below the poverty line funds, there are authorized to be available provided under this section may only be used as established by the national government of $155,000,000 for each of the fiscal years 2001 to support micro- and small enterprise pro- the country. Specifically, such resources and 2002, to carry out this section. grams and may not be used to support pro- shall be used for— ‘‘(e) DEFINITIONS.—In this section: grams not directly related to the purposes ‘‘(A) direct support of programs under this ‘‘(1) BUSINESS DEVELOPMENT SERVICES.—The described in subsection (b). subsection through practitioner institutions term ‘business development services’ means ‘‘(e) PROCUREMENT PROVISION.—Assistance that— support for the growth of microenterprises may be provided under this section without ‘‘(i) provide credit and other financial serv- through training, technical assistance, mar- regard to section 604(a). ices to entrepreneurs who are very poor, keting assistance, improved production tech- ‘‘(f) AVAILABILITY OF FUNDS.— with loans in 1995 United States dollars of— nologies, and other services. ‘‘(1) IN GENERAL.—Of the amounts author- ‘‘(I) $1,000 or less in the Europe and Eurasia ‘‘(2) MICROENTERPRISE INSTITUTION.—The ized to be available to carry out section 131, region; term ‘microenterprise institution’ means an there are authorized to be available $1,500,000 ‘‘(II) $400 or less in the Latin America re- institution that provides services, including for each of fiscal years 2001 and 2002 to carry gion; and microfinance, training, or business develop- out this section. ‘‘(III) $300 or less in the rest of the world; ment services, for microentrepreneurs. ‘‘(2) COVERAGE OF SUBSIDY COSTS.— and ‘‘(3) MICROFINANCE INSTITUTION.—The term Amounts authorized to be available under ‘‘(ii) can cover their costs in a reasonable ‘microfinance institution’ means an institu- paragraph (1) shall be made available to time period; or tion that directly provides, or works to ex- cover the subsidy cost, as defined in section ‘‘(B) demand-driven business development pand, the availability of credit, savings, and 502(5) of the Federal Credit Reform Act of programs that achieve reasonable cost recov- other financial services to microentre- 1990, for activities under this section.’’. ery that are provided to clients holding pov- preneurs. SEC. 107. UNITED STATES MICROFINANCE LOAN erty loans (as defined by the regional pov- ‘‘(4) PRACTITIONER INSTITUTION.—The term FACILITY. erty loan limitations in subparagraph (A)(i)), ‘practitioner institution’ means any institu- (a) IN GENERAL.—Chapter 1 of part I of the whether they are provided by microfinance tion that provides services, including micro- Foreign Assistance Act of 1961 (22 U.S.C. 2151 institutions or by specialized business devel- finance, training, or business development et seq.), as amended by section 105 of this opment services providers. services, for microentrepreneurs, or provides Act, is further amended by adding at the end ‘‘(4) SUPPORT FOR CENTRAL MECHANISMS.— assistance to microenterprise institutions.’’. the following new section: The President should continue support for SEC. 106. MICRO- AND SMALL ENTERPRISE DE- ‘‘SEC. 132. UNITED STATES MICROFINANCE LOAN central mechanisms and missions, as appro- VELOPMENT CREDITS. FACILITY. priate, that— Section 108 of the Foreign Assistance Act ‘‘(a) ESTABLISHMENT.—The Administrator ‘‘(A) provide technical support for field of 1961 (22 U.S.C. 2151f) is amended to read as is authorized to establish a United States missions; follows: Microfinance Loan Facility (in this section ‘‘(B) strengthen the institutional develop- ‘‘SEC. 108. MICRO- AND SMALL ENTERPRISE DE- referred to as the ‘Facility’) to pool and ment of the intermediary organizations de- VELOPMENT CREDITS. manage the risk from natural disasters, war scribed in paragraph (2); ‘‘(a) FINDINGS AND POLICY.—Congress finds or civil conflict, national financial crisis, or ‘‘(C) share information relating to the pro- and declares that— short-term financial movements that threat- vision of assistance authorized under para- ‘‘(1) the development of micro- and small en the long-term development of United graph (1) between such field missions and enterprises are a vital factor in the stable States-supported microfinance institutions. intermediary organizations; and growth of developing countries and in the de- ‘‘(b) DISBURSEMENTS.— ‘‘(D) support the development of nonprofit velopment and stability of a free, open, and ‘‘(1) IN GENERAL.—The Administrator shall global microfinance networks, including equitable international economic system; make disbursements from the Facility to credit union systems, that— and United States-supported microfinance insti- ‘‘(i) are able to deliver very small loans ‘‘(2) it is, therefore, in the best interests of tutions to prevent the bankruptcy of such through a significant grassroots infrastruc- the United States to assist the development institutions caused by— ture based on market principles; and of the enterprises of the poor in developing ‘‘(A) natural disasters; ‘‘(ii) act as wholesale intermediaries pro- countries and to engage the United States ‘‘(B) national wars or civil conflict; or viding a range of services to microfinance re- private sector in that process. ‘‘(C) national financial crisis or other tail institutions, including financing, tech- ‘‘(b) PROGRAM.—To carry out the policy set short-term financial movements that threat- nical assistance, capacity-building, and safe- forth in subsection (a), the President is au- en the long-term development of United ty and soundness accreditation. thorized to provide assistance to increase the States-supported microfinance institutions. ‘‘(5) LIMITATION.—Assistance provided availability of credit to micro- and small en- ‘‘(2) FORM OF ASSISTANCE.—Assistance under this subsection may only be used to terprises lacking full access to credit, in- under this section shall be in the form of support microenterprise programs and may cluding through— loans or loan guarantees for microfinance in- not be used to support programs not directly ‘‘(1) loans and guarantees to credit institu- stitutions that demonstrate the capacity to related to the purposes described in para- tions for the purpose of expanding the avail- resume self-sustained operations within a graph (1). ability of credit to micro- and small enter- reasonable time period. ‘‘(c) MONITORING SYSTEM.—In order to prises; ‘‘(3) CONGRESSIONAL NOTIFICATION PROCE- maximize the sustainable development im- ‘‘(2) training programs for lenders in order DURES.—During each of the fiscal years 2001 pact of the assistance authorized under sub- to enable them to better meet the credit and 2002, funds may not be made available section (b)(1), the Administrator of the agen- needs of microentrepreneurs; and from the Facility until 15 days after notifica- cy primarily responsible for administering ‘‘(3) training programs for microentre- tion of the proposed availability of the funds this part shall establish a monitoring system preneurs in order to enable them to make has been provided to the congressional com- that— better use of credit and to better manage mittees specified in section 634A in accord- ‘‘(1) establishes performance goals for such their enterprises. ance with the procedures applicable to re- assistance and expresses such goals in an ob- ‘‘(c) ELIGIBILITY CRITERIA.—The Adminis- programming notifications under that sec- jective and quantifiable form, to the extent trator of the agency primarily responsible tion. feasible; for administering this part shall establish ‘‘(c) GENERAL PROVISIONS.— ‘‘(2) establishes performance indicators to criteria for determining which credit institu- ‘‘(1) POLICY PROVISIONS.—In providing the be used in measuring or assessing the tions described in subsection (b)(1) are eligi- credit assistance authorized by this section, achievement of the goals and objectives of ble to carry out activities, with respect to the Administrator should apply, as appro- such assistance; micro- and small enterprises, assisted under priate, the policy provisions in this part that ‘‘(3) provides a basis for recommendations this section. Such criteria may include the are applicable to development assistance ac- for adjustments to such assistance to en- following: tivities. hance the sustainable development impact of ‘‘(1) The extent to which the recipients of ‘‘(2) DEFAULT AND PROCUREMENT PROVI- such assistance, particularly the impact of credit from the entity do not have access to SIONS.— such assistance on the very poor, particu- the local formal financial sector. ‘‘(A) DEFAULT PROVISION.—The provisions larly poor women; and ‘‘(2) The extent to which the recipients of of section 620(q), or any comparable provi- ‘‘(4) provides a basis for recommendations credit from the entity are among the poorest sion of law, shall not be construed to pro- for adjustments to measures for reaching the people in the country. hibit assistance to a country in the event S9764 CONGRESSIONAL RECORD — SENATE October 3, 2000

that a private sector recipient of assistance (b) CONTENTS.—The report described in sub- United States with that of other donor na- furnished under this section is in default in section (a)— tions. its payment to the United States for the pe- (1) shall include how the President, in con- (b) SENSE OF CONGRESS.—It is the sense of riod specified in such section. sultation with the Administrator of the Congress that— ‘‘(B) PROCUREMENT PROVISION.—Assistance United States Agency for International De- (1) the Administrator of the United States may be provided under this section without velopment, the Secretary of State, and the Agency for International Development and regard to section 604(a). Secretary of the Treasury, will develop a the Secretary of State should seek to sup- ‘‘(3) TERMS AND CONDITIONS OF CREDIT AS- comprehensive strategy for advancing the port and strengthen the effectiveness of SISTANCE.— global microenterprise sector in a way that microfinance activities in United Nations ‘‘(A) IN GENERAL.—Credit assistance pro- maintains market principles while ensuring agencies, such as the United Nations Devel- vided under this section shall be offered on that the very poor overseas, particularly opment Program (UNDP), which have pro- such terms and conditions, including fees women, obtain access to financial services vided key leadership in developing the charged, as the Administrator may deter- overseas; microenterprise sector; and mine. (2) shall provide guidelines and rec- (2) the Secretary of the Treasury should in- ‘‘(B) LIMITATION ON PRINCIPAL AMOUNT OF ommendations for— struct each United States Executive Director FINANCING.—The principal amount of loans (A) instruments to assist microenterprise of the multilateral development banks made or guaranteed under this section in networks to develop multi-country and re- (MDBs) to advocate the development of a co- any fiscal year, with respect to any single gional microlending programs; herent and coordinated strategy to support event, may not exceed $30,000,000. (B) technical assistance to foreign govern- the microenterprise sector and an increase of ‘‘(C) EXCEPTION.—No payment may be ments, foreign central banks, and regulatory multilateral resource flows for the purposes made under any guarantee issued under this entities to improve the policy environment of building microenterprise retail and whole- section for any loss arising out of fraud or for microfinance institutions, and to sale intermediaries. misrepresentation for which the party seek- strengthen the capacity of supervisory bod- SEC. 110. SENSE OF CONGRESS ON CONSIDER- ing payment is responsible. ies to supervise microfinance institutions; ATION OF MEXICO AS A KEY PRI- ORITY IN MICROENTERPRISE FUND- ‘‘(4) FULL FAITH AND CREDIT.—All guaran- (C) the potential for Federal chartering of tees issued under this section shall con- ING ALLOCATIONS. United States-based international micro- (a) FINDINGS.—Congress makes the fol- stitute obligations, in accordance with the finance network institutions, including pro- terms of such guarantees, of the United lowing findings: posed legislation; (1) An estimated 45,000,000 of Mexico’s States of America, and the full faith and (D) instruments to increase investor con- credit of the United States of America is 100,000,000 population currently lives below fidence in microfinance institutions which the poverty line, accounting for 20 percent of hereby pledged for the full payment and per- would strengthen the long-term financial po- formance of such obligations to the extent of all poor in Latin America. sition of the microfinance institutions and (2) Mexico cannot create enough salaried the guarantee. attract capital from private sector entities ‘‘(d) FUNDING.— jobs to absorb new workers entering the and individuals, such as a rating system for ‘‘(1) ALLOCATION OF FUNDS.—Of the labor force. microfinance institutions and local credit amounts made available to carry out this (3) While many poor families depend on bureaus; part for the fiscal year 2001, up to $5,000,000 microenterprise initiatives to generate a (E) an agenda for integrating microfinance may be made available for— livelihood, the United States Agency for into United States foreign policy initiatives ‘‘(A) the subsidy cost, as defined in section International Development currently has 2 seeking to develop and strengthen the global 502(5) of the Federal Credit Reform Act of microcredit projects in Mexico, receiving 1990, to carry out this section; and finance sector; and less than one percent of overall microenter- ‘‘(B) the administrative costs to carry out (F) innovative instruments to attract prise funding in Latin America and the Car- this section. funds from the capital markets, such as in- ibbean during the last decade. struments for leveraging funds from the ‘‘(2) RELATION TO OTHER FUNDING.— (4) Mexico’s microenterprise activity has Amounts made available under paragraph (1) local commercial banking sector, and the been constrained because its financial insti- are in addition to amounts available under securitization of microloan portfolios; and tutions cannot expand financial services to a any other provision of law to carry out this (3) shall include a section that assesses the larger clientele due to a lack of capital, inef- section. need for a microenterprise accelerated ficient financial and administrative manage- ‘‘(e) DEFINITIONS.—In this section: growth fund and that includes— ment, and a lack of institutional support for ‘‘(1) ADMINISTRATOR.—The term ‘Adminis- (A) a description of the benefits of such a microfinance institutions’ particular needs. trator’ means the Administrator of the agen- fund; (5) Mexican nongovernmental organiza- cy primarily responsible for administering (B) an identification of which microenter- tions, such as Compartamos, have dem- this part. prise institutions might become eligible for onstrated competence in developing local ‘‘(2) APPROPRIATE CONGRESSIONAL COMMIT- assistance from such fund; microfinance programs. TEES.—The term ‘appropriate congressional (C) a description of how such a fund could (6) On July 2, 2000, Vicente Fox Quesada of committees’ means the Committee on For- be administered; the Alliance for Change was elected Presi- eign Relations of the Senate and the Com- (D) a recommendation on which agency or dent of the United Mexican States. mittee on International Relations of the agencies of the United States Government (7) The President-elect of Mexico has iden- House of Representatives. should administer the fund and within which tified entrepreneurship and the start-up of ‘‘(3) UNITED STATES-SUPPORTED MICRO- such agency the fund should be located; and new microcredit institutions as key eco- FINANCE INSTITUTION.—The term ‘United (E) a recommendation on how soon it nomic priorities. States-supported microfinance institution’ might be necessary to establish such a fund (8) Microenterprise and entrepreneurial means a financial intermediary that has re- in order to provide the support necessary for initiatives have proven to be successful com- ceived funds made available under part I of microenterprise institutions involved in ponents of free market development and eco- this Act for fiscal year 1980 or any subse- microenterprise development. nomic stability. quent fiscal year.’’. (c) APPROPRIATE CONGRESSIONAL COMMIT- (b) SENSE OF CONGRESS.—It is the sense of (b) REPORT.—Not later than 120 days after TEES DEFINED.—In this section, the term Congress that— the date of enactment of this Act, the Ad- ‘‘appropriate congressional committees’’ (1) providing Mexico’s poor with economic ministrator of the United States Agency for means the Committee on International Rela- opportunity and microfinance services is International Development shall submit to tions of the House of Representatives and fundamental to Mexico’s economic develop- the Committee on Foreign Relations of the the Committee on Foreign Relations of the ment; Senate and the Committee on International Senate. (2) microenterprise can have a positive im- Relations of the House of Representatives a SEC. 109. UNITED STATES AGENCY FOR INTER- pact on Mexico’s free market development; report on the policies, rules, and regulations NATIONAL DEVELOPMENT AS GLOB- and of the United States Microfinance Loan Fa- AL LEADER AND COORDINATOR OF (3) the United States Agency for Inter- cility established under section 132 of the BILATERAL AND MULTILATERAL national Development should consider Mex- MICROENTERPRISE ASSISTANCE AC- Foreign Assistance Act of 1961, as added by ico as a key priority in its microenterprise subsection (a). TIVITIES. (a) FINDINGS AND POLICY.—Congress finds funding allocations. SEC. 108. REPORT RELATING TO FUTURE DEVEL- TITLE II—INTERNATIONAL ANTI-CORRUP- OPMENT OF MICROENTERPRISE IN- and declares that— STITUTIONS. (1) the United States can provide leader- TION AND GOOD GOVERNANCE ACT OF (a) REPORT.—Not later than 180 days after ship to other bilateral and multilateral de- 2000 the date of the enactment of this Act, the velopment agencies as such agencies expand SEC. 201. SHORT TITLE. President shall submit to the appropriate their support to the microenterprise sector; This title may be cited as the ‘‘Inter- congressional committees a report on the and national Anti-Corruption and Good Govern- most cost-effective methods and measure- (2) the United States should seek to im- ance Act of 2000’’. ments for increasing the access of poor peo- prove coordination among G–7 countries in SEC. 202. FINDINGS AND PURPOSE. ple overseas to credit, other financial serv- the support of the microenterprise sector in (a) FINDINGS.—Congress finds the fol- ices, and related training. order to leverage the investment of the lowing: October 3, 2000 CONGRESSIONAL RECORD — SENATE S9765 (1) Widespread corruption endangers the party monitoring of government procure- et seq.), as amended by sections 105 and 107, stability and security of societies, under- ment processes, and anti-corruption agen- is further amended by adding at the end the mines democracy, and jeopardizes the social, cies; following: political, and economic development of a so- (C) promoting responsive, transparent, and ‘‘SEC. 133. PROGRAMS TO ENCOURAGE GOOD ciety. accountable legislatures that ensure legisla- GOVERNANCE. (2) Corruption facilitates criminal activi- tive oversight and whistle-blower protection; ‘‘(a) ESTABLISHMENT OF PROGRAMS.— ties, such as money laundering, hinders eco- (D) promoting judicial reforms that crim- ‘‘(1) IN GENERAL.—The President is author- nomic development, inflates the costs of inalize corruption and promoting law en- ized to establish programs that combat cor- doing business, and undermines the legit- forcement that prosecutes corruption; ruption, improve transparency and account- imacy of the government and public trust. (E) fostering business practices that pro- ability, and promote other forms of good (3) In January 1997 the United Nations Gen- mote transparent, ethical, and competitive governance in countries described in para- eral Assembly adopted a resolution urging behavior in the private sector through the graph (2). member states to carefully consider the development of an effective legal framework ‘‘(2) COUNTRIES DESCRIBED.—A country de- problems posed by the international aspects for commerce, including anti-bribery laws, scribed in this paragraph is a country that is of corrupt practices and to study appropriate commercial codes that incorporate inter- eligible to receive assistance under this part legislative and regulatory measures to en- national standards for business practices, (including chapter 4 of part II of this Act) or sure the transparency and integrity of finan- and protection of intellectual property the Support for East European Democracy cial systems. rights; and (SEED) Act of 1989. (4) The United States was the first country (F) promoting free and fair national, state, ‘‘(3) PRIORITY.—In carrying out paragraph to criminalize international bribery through and local elections. (1), the President shall give priority to estab- the enactment of the Foreign Corrupt Prac- (b) PURPOSE.—The purpose of this title is lishing programs in countries that received a tices Act of 1977 and United States leader- to ensure that United States assistance pro- significant amount of United States foreign ship was instrumental in the passage of the grams promote good governance by assisting assistance for the prior fiscal year, or in Organization for Economic Cooperation and other countries to combat corruption which the United States has a significant Development (OECD) Convention on Combat- throughout society and to improve trans- economic interest, and that continue to have ting Bribery of Foreign Public Officials in parency and accountability at all levels of the most persistent problems with public and International Business Transactions. government and throughout the private sec- private corruption. In determining which (5) The Vice President, at the Global tor. countries have the most persistent problems Forum on Fighting Corruption in 1999, de- with public and private corruption under the SEC. 203. DEVELOPMENT ASSISTANCE POLICY. clared corruption to be a direct threat to the preceding sentence, the President shall take (a) GENERAL POLICY.—Section 101(a) of the rule of law and the Secretary of State de- into account criteria such as the Trans- clared corruption to be a matter of profound Foreign Assistance Act of 1961 (22 U.S.C. parency International Annual Corruption political and social consequence for our ef- 2151(a)) is amended in the fifth sentence— Perceptions Index, standards and codes set forts to strengthen democratic governments. (1) by striking ‘‘four’’ and inserting ‘‘five’’; forth by the International Bank for Recon- (6) The Secretary of State, at the Inter- (2) by striking ‘‘and’’ at the end of para- struction and Development and the Inter- American Development Bank’s annual meet- graph (3); national Monetary Fund, and other relevant ing in March 2000, declared that despite cer- (3) in paragraph (4), by striking the period criteria. tain economic achievements, democracy is at the end and inserting ‘‘; and’’; and ‘‘(4) RELATION TO OTHER LAWS.— being threatened as citizens grow weary of (4) by adding at the end the following: ‘‘(A) IN GENERAL.—Assistance provided for the corruption and favoritism of their offi- ‘‘(5) the promotion of good governance countries under programs established pursu- cial institutions and that efforts must be through combating corruption and improv- ant to paragraph (1) may be made available made to improve governance if respect for ing transparency and accountability.’’. notwithstanding any other provision of law democratic institutions is to be regained. (b) DEVELOPMENT ASSISTANCE POLICY.— that restricts assistance to foreign coun- (7) In May 1996 the Organization of Amer- Section 102(b) of the Foreign Assistance Act tries. Assistance provided under a program ican States (OAS) adopted the Inter-Amer- of 1961 (22 U.S.C. 2151–1(b)) is amended— established pursuant to paragraph (1) for a ican Convention Against Corruption requir- (1) in paragraph (4)— country that would otherwise be restricted ing countries to provide various forms of (A) by striking ‘‘and’’ at the end of sub- from receiving such assistance but for the international cooperation and assistance to paragraph (E); preceding sentence may not be provided di- facilitate the prevention, investigation, and (B) in subparagraph (F), by striking the pe- rectly to the government of the country. prosecution of acts of corruption. riod at the end and inserting ‘‘; and’’; and ‘‘(B) EXCEPTION.—Subparagraph (A) does (8) Independent media, committed to fight- (C) by adding at the end the following: not apply with respect to— ing corruption and trained in investigative ‘‘(G) progress in combating corruption and ‘‘(i) section 620A of this Act or any com- journalism techniques, can both educate the improving transparency and accountability parable provision of law prohibiting assist- public on the costs of corruption and act as in the public and private sector.’’; and ance to countries that support international a deterrent against corrupt officials. (2) by adding at the end the following: terrorism; or (9) Competent and independent judiciary, ‘‘(17) Economic reform and development of ‘‘(ii) section 907 of the Freedom for Russia founded on a merit-based selection process effective institutions of democratic govern- and Emerging Eurasian Democracies and and trained to enforce contracts and protect ance are mutually reinforcing. The success- Open Markets Support Act of 1992. property rights, is critical for creating a pre- ful transition of a developing country is de- ‘‘(b) SPECIFIC PROJECTS AND ACTIVITIES.— dictable and consistent environment for pendent upon the quality of its economic and The programs established pursuant to sub- transparency in legal procedures. governance institutions. Rule of law, mecha- section (a) shall include, to the extent appro- (10) Independent and accountable legisla- nisms of accountability and transparency, priate, projects and activities that— tures, responsive political parties, and trans- security of person, property, and invest- ‘‘(1) support responsible independent media parent electoral processes, in conjunction ments, are but a few of the critical govern- to promote oversight of public and private with professional, accountable, and trans- ance and economic reforms that underpin institutions; parent financial management and procure- the sustainability of broad-based economic ‘‘(2) implement financial disclosure among ment policies and procedures, are essential growth. Programs in support of such reforms public officials, political parties, and can- to the promotion of good governance and to strengthen the capacity of people to hold didates for public office, open budgeting the combat of corruption. their governments accountable and to create processes, and transparent financial manage- (11) Transparent business frameworks, in- economic opportunity.’’. ment systems; cluding modern commercial codes and intel- SEC. 204. DEPARTMENT OF THE TREASURY TECH- ‘‘(3) support the establishment of audit of- lectual property rights, are vital to enhanc- NICAL ASSISTANCE PROGRAM FOR fices, inspectors general offices, third party ing economic growth and decreasing corrup- DEVELOPING COUNTRIES. monitoring of government procurement tion at all levels of society. Section 129(b) of the Foreign Assistance processes, and anti-corruption agencies; (12) The United States should attempt to Act of 1961 (22 U.S.C. 2151aa(b)) is amended ‘‘(4) promote responsive, transparent, and improve accountability in foreign countries, by adding at the end the following: accountable legislatures and local govern- including by— ‘‘(3) EMPHASIS ON ANTI-CORRUPTION.—Such ments that ensure legislative and local over- (A) promoting transparency and account- technical assistance shall include elements sight and whistle-blower protection; ability through support for independent designed to combat anti-competitive, uneth- ‘‘(5) promote legal and judicial reforms media, promoting financial disclosure by ical, and corrupt activities, including protec- that criminalize corruption and law enforce- public officials, political parties, and can- tion against actions that may distort or in- ment reforms and development that encour- didates for public office, open budgeting hibit transparency in market mechanisms age prosecutions of criminal corruption; processes, adequate and effective internal and, to the extent applicable, privatization ‘‘(6) assist in the development of a legal control systems, suitable financial manage- procedures.’’. framework for commercial transactions that ment systems, and financial and compliance SEC. 205. AUTHORIZATION OF GOOD GOVERN- fosters business practices that promote reporting; ANCE PROGRAMS. transparent, ethical, and competitive behav- (B) supporting the establishment of audit (a) IN GENERAL.—Chapter 1 of part I of the ior in the economic sector, such as commer- offices, inspectors general offices, third Foreign Assistance Act of 1961 (22 U.S.C. 2151 cial codes that incorporate international S9766 CONGRESSIONAL RECORD — SENATE October 3, 2000 standards and protection of intellectual such students of demonstrated financial need through ownership and control of business property rights; to assume significant roles in the increas- enterprises and through the mobilization of ‘‘(7) promote free and fair national, state, ingly global economy. local capital and savings and such organiza- and local elections; SEC. 303. ESTABLISHMENT OF GRANT PROGRAM tions should be fully utilized in fostering free ‘‘(8) foster public participation in the legis- FOR FOREIGN STUDY BY AMERICAN market principles and the adoption of self- lative process and public access to govern- COLLEGE STUDENTS OF LIMITED FI- help approaches to development. ment information; and NANCIAL MEANS. (3) The United States seeks to encourage ‘‘(9) engage civil society in the fight (a) ESTABLISHMENT.—Subject to the avail- broad-based economic and social develop- against corruption. ability of appropriations and under the au- ment by creating and supporting— ‘‘(c) CONDUCT OF PROJECTS AND ACTIVI- thorities of the Mutual Educational and Cul- (A) agricultural cooperatives that provide TIES.—Projects and activities under the pro- tural Exchange Act of 1961, the Secretary of a means to lift low income farmers and rural grams established pursuant to subsection (a) State shall establish and carry out a pro- people out of poverty and to better integrate may include, among other things, training gram in each fiscal year to award grants of them into national economies; and technical assistance (including drafting up to $5,000, to individuals who meet the re- (B) credit union networks that serve people of anti-corruption, privatization, and com- quirements of subsection (b), toward the cost of limited means through safe savings and by petitive statutory and administrative codes), of up to one academic year of undergraduate extending credit to families and microenter- drafting of anti-corruption, privatization, study abroad. Grants under this Act shall be prises; and competitive statutory and administra- known as the ‘‘Benjamin A. Gilman Inter- (C) electric and telephone cooperatives tive codes, support for independent media national Scholarships’’. that provide rural customers with power and and publications, financing of the program (b) ELIGIBILITY.—An individual referred to telecommunications services essential to and operating costs of nongovernmental or- in subsection (a) is an individual who— economic development; ganizations that carry out such projects or (1) is a student in good standing at an in- (D) housing and community-based coopera- activities, and assistance for travel of indi- stitution of higher education in the United tives that provide low income shelter and viduals to the United States and other coun- States (as defined in section 101(a) of the work opportunities for the urban poor; and tries for such projects and activities. Higher Education Act of 1965); (E) mutual and cooperative insurance com- ‘‘(d) ANNUAL REPORT.— (2) has been accepted for up to one aca- panies that provide risk protection for life ‘‘(1) IN GENERAL.—The Secretary of State, demic year of study on a program of study and property to under-served populations in consultation with the Secretary of Com- abroad approved for credit by the student’s often through group policies. home institution; merce and the Administrator of the United (c) GENERAL PROVISIONS.— (3) is receiving any need-based student as- States Agency for International Develop- (1) DECLARATIONS OF POLICY.—The Congress ment, shall prepare and transmit to the sistance under title IV of the Higher Edu- supports the development and expansion of Committee on International Relations and cation Act of 1965; and economic assistance programs that fully uti- the Committee on Appropriations of the (4) is a citizen or national of the United lize cooperatives and credit unions, particu- House of Representatives and the Committee States. larly those programs committed to— (c) APPLICATION AND SELECTION.— on Foreign Relations and the Committee on (A) international cooperative principles, (1) Grant application and selection shall be Appropriations of the Senate an annual re- democratic governance and involvement of carried out through accredited institutions port on— women and ethnic minorities for economic of higher education in the United States or a ‘‘(A) projects and activities carried out and social development; combination of such institutions under such under programs established under subsection (B) self-help mobilization of member sav- procedures as are established by the Sec- (a) for the prior year in priority countries ings and equity and retention of profits in retary of State. identified pursuant to subsection (a)(3); and the community, except for those programs (2) In considering applications for grants ‘‘(B) projects and activities carried out that are dependent on donor financing; under this section— under programs to combat corruption, im- (C) market-oriented and value-added ac- (A) consideration of financial need shall in- prove transparency and accountability, and tivities with the potential to reach large clude the increased costs of study abroad; promote other forms of good governance es- numbers of low income people and help them and tablished under other provisions of law for enter into the mainstream economy; (B) priority consideration shall be given to the prior year in such countries. (D) strengthening the participation of applicants who are receiving Federal Pell ‘‘(2) REQUIRED CONTENTS.—The report re- rural and urban poor to contribute to their Grants under title IV of the Higher Edu- quired by paragraph (1) shall contain the fol- country’s economic development; and cation Act of 1965. lowing information with respect to each (E) utilization of technical assistance and country described in paragraph (1): SEC. 304. REPORT TO CONGRESS. training to better serve the member-owners. The Secretary of State shall report annu- ‘‘(A) A description of all United States (2) DEVELOPMENT PRIORITIES.—Section 111 Government-funded programs and initiatives ally to the Congress concerning the grant of the Foreign Assistance Act of 1961 (22 to combat corruption and improve trans- program established under this title. Each U.S.C. 2151i) is amended by adding at the end parency and accountability in the country. such report shall include the following infor- the following: ‘‘In meeting the requirement ‘‘(B) A description of United States diplo- mation for the preceding year: of the preceding sentence, specific priority matic efforts to combat corruption and im- (1) The number of participants. shall be given to the following: (2) The institutions of higher education in prove transparency and accountability in the ‘‘(1) AGRICULTURE.—Technical assistance to country. the United States that participants at- low income farmers who form and develop ‘‘(C) An analysis of major actions taken by tended. member-owned cooperatives for farm sup- the government of the country to combat (3) The institutions of higher education plies, marketing and value-added processing. outside the United States participants at- corruption and improve transparency and ac- ‘‘(2) FINANCIAL SYSTEMS.—The promotion of countability in the country. tended during their study abroad. national credit union systems through credit ‘‘(e) FUNDING.—Amounts made available to (4) The areas of study of participants. union-to-credit union technical assistance carry out the other provisions of this part SEC. 305. AUTHORIZATION OF APPROPRIATIONS. that strengthens the ability of low income (including chapter 4 of part II of this Act) There are authorized to be appropriated people and micro-entrepreneurs to save and and the Support for East European Democ- $1,500,000 for each fiscal year to carry out to have access to credit for their own eco- racy (SEED) Act of 1989 shall be made avail- this title. nomic advancement. able to carry out this section.’’. SEC. 306. EFFECTIVE DATE. ‘‘(3) INFRASTRUCTURE.—The support of (b) DEADLINE FOR INITIAL REPORT.—The ini- This title shall take effect October 1, 2000. rural electric and telecommunication co- tial annual report required by section TITLE IV—MISCELLANEOUS PROVISIONS operatives for access for rural people and vil- 133(d)(1) of the Foreign Assistance Act of SEC. 401. SUPPORT FOR OVERSEAS COOPERA- lages that lack reliable electric and tele- 1961, as added by subsection (a), shall be communications services. transmitted not later than 180 days after the TIVE DEVELOPMENT ACT. ‘‘(4) HOUSING AND COMMUNITY SERVICES.— date of the enactment of this Act. (a) SHORT TITLE.—This section may be cited as the ‘‘Support for Overseas Coopera- The promotion of community-based coopera- TITLE III—INTERNATIONAL ACADEMIC tive Development Act’’. tives which provide employment opportuni- OPPORTUNITY ACT OF 2000 (b) FINDINGS.—The Congress makes the fol- ties and important services such as health SEC. 301. SHORT TITLE. lowing findings: clinics, self-help shelter, environmental im- This title may be cited as the ‘‘Inter- (1) It is in the mutual economic interest of provements, group-owned businesses, and national Academic Opportunity Act of 2000’’. the United States and peoples in developing other activities.’’. SEC. 302. STATEMENT OF PURPOSE. and transitional countries to promote co- (d) REPORT.—Not later than 6 months after It is the purpose of this title to establish operatives and credit unions. the date of enactment of this Act, the Ad- an undergraduate grant program for stu- (2) Self-help institutions, including co- ministrator of the United States Agency for dents of limited financial means from the operatives and credit unions, provide en- International Development, in consultation United States to enable such students to hanced opportunities for people to partici- with the heads of other appropriate agencies, study abroad. Such foreign study is intended pate directly in democratic decision-making shall prepare and submit to Congress a re- to broaden the outlook and better prepare for their economic and social benefit port on the implementation of section 111 of October 3, 2000 CONGRESSIONAL RECORD — SENATE S9767 the Foreign Assistance Act of 1961 (22 U.S.C. cable to the operation of the fund may be de- (D) the authority of the Board to termi- 2151i), as amended by subsection (c). posited in the fund. nate the agreement if the provisions of para- SEC. 402. FUNDING OF CERTAIN ENVIRON- ‘‘(4) At the close of each fiscal year the Ad- graph (1) are violated; and MENTAL ASSISTANCE ACTIVITIES OF ministrator of the Agency shall transfer out (E) any other terms and conditions relat- USAID. of the fund to the miscellaneous receipts ac- ing to the materials that the Board considers (a) ALLOCATION OF FUNDS FOR CERTAIN EN- count of the Treasury of the United States appropriate. VIRONMENTAL ACTIVITIES.—Of the amounts such amounts as the Administrator deter- (c) CREDITING OF REIMBURSEMENTS TO authorized to be appropriated for the fiscal mines to be in excess of the needs of the BOARD APPROPRIATIONS ACCOUNT.—Any reim- year 2001 to carry out chapter 1 of part I of fund. bursement of the Board under subsection (b) the Foreign Assistance Act of 1961 (22 U.S.C. ‘‘(5) The fund may be charged with the cur- shall be deposited as an offsetting collection 2151 et seq.; relating to development assist- rent value of supplies and equipment re- to the currently applicable appropriation ac- ance), there is authorized to be available at turned to the working capital of the fund by count of the Board. least $60,200,000 to carry out activities of the a post, activity, or agency, and the proceeds (d) TERMINATION OF AUTHORITY.—The au- type carried out by the Global Environment shall he credited to current applicable appro- thority provided under this section shall Center of the United States Agency for priations.’’. cease to have effect on the date that is 5 International Development during fiscal years after the date of enactment of this year 2000. SEC. 405. INCREASE IN AUTHORIZED NUMBER OF EMPLOYEES AND REPRESENTA- Act. (b) ALLOCATION FOR WATER AND COASTAL TIVES OF THE UNITED STATES MIS- SEC. 408. PAUL D. COVERDELL FELLOWS PRO- RESOURCES.—Of the amounts made available SION TO THE UNITED NATIONS PRO- GRAM ACT OF 2000. under subsection (a), at least $2,500,000 shall VIDED LIVING QUARTERS IN NEW (a) SHORT TITLE.—This section may be be available for water and coastal resources YORK. cited as the ‘‘Paul D. Coverdell Fellows Pro- activities under the natural resources man- Section 9(2) of the United Nations Partici- gram Act of 2000’’. agement function specified in that sub- pation Act of 1945 (22 U.S.C. 287e–1(2)) is (b) FINDINGS.—Congress makes the fol- section. amended by striking ‘‘18’’ and inserting ‘‘30’’. lowing findings: SEC. 403. PROCESSING OF APPLICATIONS FOR SEC. 406. AVAILABILITY OF VOA AND RADIO (1) Paul D. Coverdell was elected to the TRANSPORTATION OF HUMANI- MARTI MULTILINGUAL COMPUTER George State Senate in 1970 and later became TARIAN ASSISTANCE ABROAD BY READABLE TEXT AND VOICE RE- Minority Leader of the Georgia State Sen- THE DEPARTMENT OF DEFENSE. CORDINGS. ate, a post he held for 15 years. (a) PRIORITY FOR DISASTER RELIEF ASSIST- Section 1(b) of Public Law 104–269 (110 Stat. (2) Paul D. Coverdell served with distinc- ANCE.—In processing applications for the 3300) is amended by striking ‘‘5 years’’ and tion as the 11th Director of the Peace Corps transportation of humanitarian assistance inserting ‘‘10 years’’. from 1989 to 1991, where he promoted a fel- abroad under section 402 of title 10, United lowship program that was composed of re- States Code, the Administrator of the United SEC. 407. AVAILABILITY OF CERTAIN MATERIALS OF THE VOICE OF AMERICA. turning Peace Corps volunteers who agreed States Agency for International Develop- to work in underserved American commu- ment shall afford a priority to applications (a) AUTHORITY.— nities while they pursued educational de- for the transportation of disaster relief as- (1) IN GENERAL.—Subject to the provisions grees. sistance. of this section, the Broadcasting Board of (3) Paul D. Coverdell served in the United (b) MODIFICATION OF APPLICATIONS.—The Governors (in this section referred to as the Administrator of the United States Agency ‘‘Board’’) is authorized to make available to States Senate from the State of Georgia for International Development shall take all the Institute for Media Development (in this from 1993 until his sudden death on July 18, possible actions to assist applicants for the section referred to as the ‘‘Institute’’), at the 2000. transportation of humanitarian assistance request of the Institute, previously broad- (4) Senator Paul D. Coverdell was beloved abroad under such section 402 in modifying cast audio and video materials produced by by his colleagues for his civility, bipartisan or completing applications submitted under the Africa Division of the Voice of America. efforts, and his dedication to public service. such section in order to meet applicable re- (2) DEPOSIT OF MATERIALS.—Upon the re- (c) DESIGNATION OF PAUL D. COVERDELL quirements under such section. The actions quest of the Institute and the approval of the FELLOWS PROGRAM.— shall include efforts to contact such appli- Board, materials made available under para- (1) IN GENERAL.—Effective on the date of cants for purposes of the modification or graph (1) may be deposited with the Univer- enactment of this Act, the program under completion of such applications. sity of California, Los Angeles, or such other section 18 of the Peace Corps Act (22 U.S.C. 2517) referred to before such date as the SEC. 404. WORKING CAPITAL FUND. appropriate institution of higher education ‘‘Peace Corps Fellows/USA Program’’ is re- Section 635 of the Foreign Assistance Act (as defined in section 101(a) of the Higher designated as the ‘‘Paul D. Coverdell Fellows of 1961 (22 U.S.C. 2395) is amended by adding Education Act of 1965 (20 U.S.C. 1001(a)) that Program’’. at the end the following new subsection: is approved by the Board for such purpose. ‘‘(m)(1) There is established a working cap- (3) SUPERSEDES EXISTING LAW.—Materials (2) REFERENCES.—Any reference before the ital fund (in this subsection referred to as made available under paragraph (1) may be date of enactment of this Act in any law, the ‘fund’) for the United States Agency for provided notwithstanding section 501 of the regulation, order, document, record, or other International Development (in this sub- United States Information and Educational paper of the United States to the Peace section referred to as the ‘Agency’) which Exchange Act of 1948 (22 U.S.C. 1461) and sec- Corps Fellows/USA Program shall, on and shall be available without fiscal year limita- tion 208 of the Foreign Relations Authoriza- after such date, be considered to refer to the tion for the expenses of personal and nonper- tion Act, Fiscal Years 1986 and 1987 (22 U.S.C. Paul D. Coverdell Fellows Program. sonal services, equipment, and supplies for— 1461–1a). ‘‘(A) International Cooperative Adminis- (b) LIMITATIONS.— NATIONAL TRANSPORTATION trative Support Services; and (1) AUTHORIZED PURPOSES.—Materials made SAFETY BOARD AMENDMENTS ‘‘(B) rebates from the use of United States available under this section shall be used ACT OF 2000 Government credit cards. only for academic and research purposes and ‘‘(2) The capital of the fund shall consist may not be used for public or commercial broadcast purposes. of— MCCAIN AMENDMENT NO. 4288 ‘‘(A) the fair and reasonable value of such (2) PRIOR AGREEMENT REQUIRED.—Before supplies, equipment, and other assets per- making available materials under subsection Mr. ROBERTS (for Mr. MCCAIN) pro- taining to the functions of the fund as the (a)(1), the Board shall enter into an agree- posed an amendment to the bill (S. Administrator determines, ment with the Institute providing for— 2412) to amend title 49, United States ‘‘(B) rebates from the use of United States (A) reimbursement of the Board for any ex- Code, to authorize appropriations for Government credit cards, and penses involved in making such materials the National Transportation Safety available; ‘‘(C) any appropriations made available for Board for fiscal years, 2000, 2001, 2002, the purpose of providing capital, (B) the establishment of guidelines by the minus related liabilities. Institute for the archiving and use of the and 2003, and for other purposes; as fol- ‘‘(3) The fund shall be reimbursed or cred- materials to ensure that copyrighted works lows: ited with advance payments for services, contained in those materials will not be used On page 3, line 1, insert ‘‘and technical’’ equipment, or supplies provided from the in a manner that would violate the copyright after ‘‘accident-related’’. fund from applicable appropriations and laws of the United States (including inter- On page 3, line 2, insert ‘‘theory and’’ after funds of the Agency, other Federal agencies national copyright conventions to which the ‘‘investigation’’. and other sources authorized by section 607 United States is a party); On page 3, line 5, insert ‘‘goods,’’ after ‘‘fa- at rates that will recover total expenses of (C) the indemnification of the United cilities,’’. operation, including accrual of annual leave States by the Institute in the event that any On page 5, between lines 2 and 3, insert the and depreciation. Receipts from the disposal use of the materials results in violation of following: of, or payments for the loss or damage to, the copyright laws of the United States (in- ‘‘(3) LIMITATION ON TOTAL AMOUNT OF OVER- property held in the fund, rebates, reim- cluding international copyright conventions TIME PAY.—The Board may not make over- bursements, refunds and other credits appli- to which the United States is a party); time payments under paragraph (1) for work S9768 CONGRESSIONAL RECORD — SENATE October 3, 2000 performed in any fiscal year in a total created and services performed under this As this entire process moves forward, amount that exceeds 1.5 percent of the section shall be fully credited to the account I request the Air Force carefully con- amount appropriated to carry out this chap- of the Federal Aviation Administration that sider this property and report its find- ter for that fiscal year.’’. funded the provision of the products or serv- ings to my Subcommittee on National On page 5, line 3, strike ‘‘(3)’’ and insert ices and shall remain available until ex- ‘‘(4)’’. pended. Parks and the rest of the Senate En- On page 5, line 9, strike ‘‘(4)’’ and insert (b) EFFECTIVE DATE.—The amendments ergy Committee. ‘‘(5)’’. made by subsection (a) take effect on Octo- I thank the Chair and yield the floor. On page 5, line 10, strike ‘‘2001,’’ and insert ber 1, 2000. f ‘‘2002,’’. f On page 5, line 16, strike ‘‘year.’’ and insert NATIONAL TRANSPORTATION ‘‘year, and the number of employees whose PRIVILEGE OF THE FLOOR SAFETY BOARD AMENDMENTS overtime pay under this subsection was lim- Mr. CLELAND. Mr. President, I ask ACT OF 2000 ited in that fiscal year as a result of the 15 unanimous consent that my military Mr. ROBERTS. Mr. President, I ask percent limit established by paragraph (2).’’. fellow, Tricia Heller, be granted the unanimous consent that the Senate On page 8, line 1, strike ‘‘1114(e)’’ and in- now proceed to the consideration of sert ‘‘1114(c)’’. privilege of the floor during the presen- On page 9, line 10, strike ‘‘notified’’ and in- tation of the global role of the United Calendar No. 762, S. 2412. sert ‘‘notifies’’. States. The PRESIDING OFFICER (Mr. On page 10, beginning in line 19, strike The PRESIDING OFFICER. Without THOMAS). The clerk will report the bill ‘‘members, and submit’’ and insert ‘‘mem- objection, it is so ordered. by title. bers which shall be approved by the Board f The legislative clerk read as follows: and submitted’’. A bill (S. 2412) to amend title 49, United On page 10, line 23, insert ‘‘together with’’ AUTHORIZING AIR FORCE States Code, to authorize appropriations for before ‘‘an’’. MEMORIAL FOUNDATION the National Transportation Safety Board On page 12, line 2, strike ‘‘Board’’ and in- Mr. THOMAS. Mr. President, I ask for fiscal years 2000, 2001, 2002, and 2003, and sert ‘‘Board, in consultation with the Inspec- for other purposes. tor General of the Department of Transpor- unanimous consent that the Energy Committee be discharged from further There being no objection, the Senate tation,’’. proceeded to consider the bill. On page 12, line 19, strike ‘‘management consideration of H.R. 4583, and that the Mr. MCCAIN. Mr. President, the full and’’ and insert ‘‘management, property Senate then proceed to its immediate management, and’’. consideration. Senate will now consider S. 2412, the On page 14, line 1, insert ‘‘and’’ after The PRESIDING OFFICER. Without National Transportation Safety Board ‘‘2001,’’. objection, it is so ordered. The clerk Amendments Act of 2000. The National Transportation Safety On page 14, beginning in line 2, strike ‘‘and will report the bill by title. $79,000,000 for fiscal year 2003,’’. The assistant legislative clerk read Board, NTSB, is one of our nation’s On page 14, after line 10, add the following: as follows: most critical governmental agencies, SEC. 14. CREDITING OF LAW ENFORCEMENT A bill (H.R. 4583) to extend the authoriza- charged with determining the probable FLIGHT TIME. cause of transportation accidents and In determining whether an individual tion for the Air Force Memorial Foundation to establish a memorial in the District of Co- promoting transportation safety. meets the aeronautical experience require- Among its many duties, the Board in- ments imposed under section 44703 of title 49, lumbia or its environs. United States Code, for an airman certificate There being no objection, the Senate vestigates accidents, conducts safety or rating, the Secretary of Transportation proceeded to consider the bill. studies, and evaluates the effectiveness shall take into account any time spent by Mr. THOMAS. Mr. President, I ask of other government agencies’ pro- that individual operating a public aircraft as unanimous consent that the bill be grams for preventing transportation defined in section 40102 of title 49, United read the third time and passed, the mo- accidents. Since its inception in 1967, States Code, if that aircraft is— tion to reconsider be laid upon the the NTSB has investigated more than (1) identifiable by category and class; and 110,000 aviation accidents, at least (2) used in law enforcement activities. table, and that any statements relating to the bill be printed in the RECORD. 10,000 other accidents in the surface SEC. 15. TECHNICAL CORRECTION. The PRESIDING OFFICER. Without modes and issued more than 11,000 safe- Section 46301(d)(2) of title 49, United States Code, is amended by striking ‘‘46302, 46303,’’ objection, it is so ordered. ty recommendations. and inserting ‘‘46301(b), 46302, 46303, 46318,’’. The bill (H.R. 4583) was read the third The Safety Board is currently experi- encing a high level of major accident SEC. 16. CONFIRMATION OF INTERIM FINAL time and passed. RULE ISSUANCE UNDER SECTION Mr. THOMAS. Mr. President, I thank investigations, many of which are ex- 45301. my colleagues for their support in pass- tremely complex. We must act to en- The publication, by the Department of ing H.R. 4583. This is legislation that sure the Board has the necessary per- Transportation, Federal Aviation Adminis- will extend the authorization for the sonnel and resources to complete these tration, in the Federal Register of June 6, Air Force Memorial Foundation until challenging investigations and carry 2000, (65 FR 36002) of an interim final rule December 2, 2005. I, along with my fel- out its statutory mission. concerning Fees for FAA Services for Cer- Given the very limited time remain- tain Flights (Docket No. FAA–00–7018) is low marines, fully support the effort to deemed to have been issued in accordance recognize with an appropriate monu- ing during this Congress, the Com- with the requirements of section 45301(b)(2) ment the selfless service and sacrifices merce Committee has worked with the of title 49, United States Code. of the many valiant veterans of the Air House Transportation and Infrastruc- SEC. 17. AERONAUTICAL CHARTING. Force and its predecessor organiza- ture, T&I, Committee in an effort to (a) IN GENERAL.—Section 44721 of title 49, tions. develop legislation that both Chambers United States Code, is amended— I also note the Air Force Memorial could accept without modification. (1) by striking paragraphs (3) and (4) of Foundation has already begun the Both of our Committees want to ensure subsection (c); and process of considering and selecting the NTSB’s authorizing legislation can (2) by adding at the end of subsection (g)(1) sites. In pursuing that effort, I encour- be enacted as soon as possible. the following: age the foundation to identify a loca- I want to commend Senator HOL- ‘‘(D) CONTINUATION OF PRICES.—The price of any product created under subsection (d) tion that will suitably express an ap- LINGS, the Ranking member of the Sen- may correspond to the price of a comparable propriate theme and do so in a manner ate Commerce Committee and House product produced by a department of the that does not infringe upon or detract T&I Chairman, BUD SHUSTER, and United States government as that price was from other prominent memorials. Ranking Member, JIM OBERSTAR for in effect on September 30, 2000, and may re- In this regard, I note the property their assistance in developing the main in effect until modified by regulation known as the Arlington Naval Annex package I bring before the Senate under section 9701 of title 31, United States overlooking the Pentagon, the south- today. The accompanying Manager’s Code.’’; and east portion of Arlington Cemetery, Amendment is the product of our joint (3) by adding at the end of subsection (g) the following: will soon be available. This location of- discussions and resolves the differences (5) CREDITING AMOUNTS RECEIVED.—Not- fers a suitable prominent setting for in the House-passed and Commerce withstanding any other provision of law, the memorial, and I hope it will be Committee-passed versions of the amounts received for the sale of products fully considered by the Air Force. NTSB authorizing legislation. October 3, 2000 CONGRESSIONAL RECORD — SENATE S9769 S. 2412 authorizes funding for the Floor and on to the House for its swift tration, in the Federal Register of June 6, Board through fiscal year 2003. The bill action, and then to the President’s 2000, (65 FR 36002) of an interim final rule also includes a number of provisions re- desk for signature. concerning Fees for FAA Services for Cer- quested in the Board’s reauthorization tain Flights (Docket No. FAA–00–7018) is AMENDMENT NO. 4288 deemed to have been issued in accordance submission. These statutory changes Mr. ROBERTS. Mr. President, Sen- with the requirements of section 45301(b)(2) include: (1) clarification of NTSB’s ju- ator MCCAIN has an amendment at the of title 49, United States Code. risdiction over accidents on the terri- desk and I ask for its consideration. SEC. 17. AERONAUTICAL CHARTING. torial seas to the twelve-mile limit and The PRESIDING OFFICER. The (a) IN GENERAL.—Section 44721 of title 49, its investigative authority over acci- clerk will report. United States Code, is amended— dents that may have been the subject The Senator from Kansas [Mr. ROBERTS], (1) by striking paragraphs (3) and (4) of of intentional acts of destruction; (2) for Mr. MCCAIN, proposes an amendment subsection (c); and permission to prescribe overtime pay numbered 4288. (2) by adding at the end of subsection (g)(1) rates for accident investigators; (3) au- the following: The amendment is as follows: ‘‘(D) CONTINUATION OF PRICES.—The price of thority to negotiate technical service (Purpose: To make minor and technical cor- any product created under subsection (d) agreements with foreign safety agen- rections in the bill as reported, and for may correspond to the price of a comparable cies or foreign governments; (4) author- other purposes) product produced by a department of the ity to collect reasonable fees for the re- On page 3, line 1, insert ‘‘and technical’’ United States government as that price was production and distribution of Board after ‘‘accident-related’’. in effect on September 30, 2000, and may re- products; and (5) permission to with- On page 3, line 2, insert ‘‘theory and’’ after main in effect until modified by regulation hold voice and video recorder informa- ‘‘investigation’’. under section 9701 of title 31, United States tion from public disclosure. On page 3, line 5, insert ‘‘goods,’’ after ‘‘fa- Code.’’; and In addition to the provisions re- cilities,’’. (3) by adding at the end of subsection (g) On page 5, between lines 2 and 3, insert the the following: quested by the Board, the legislation following: (5) CREDITING AMOUNTS RECEIVED.—Not- also includes a number of other provi- ‘‘(3) LIMITATION ON TOTAL AMOUNT OF OVER- withstanding any other provision of law, sions intended to improve fiscal ac- TIME PAY.—The Board may not make over- amounts received for the sale of products countability at the NTSB. For exam- time payments under paragraph (1) for work created and services performed under this ple, the legislation would statutorily performed in any fiscal year in a total section shall be fully credited to the account establish a position of Chief Financial amount that exceeds 1.5 percent of the of the Federal Aviation Administration that Officer, CFO, at the Board. The CFO amount appropriated to carry out this chap- funded the provision of the products or serv- ter for that fiscal year.’’. would report directly to the Chairman ices and shall remain available until ex- On page 5, line 3, strike ‘‘(3)’’ and insert pended. of the Board on financial management ‘‘(4)’’. (b) EFFECTIVE DATE.—The amendments matters and provide guidance on the On page 5, line 9, strike ‘‘(4)’’ and insert made by subsection (a) take effect on Octo- implementation of asset management ‘‘(5)’’. ber 1, 2000. On page 5, line 10, strike ‘‘2001,’’ and insert systems. It also directs the Board to Mr. ROBERTS. Mr. President, I ask develop and implement comprehensive ‘‘2002,’’. On page 5, line 16, strike ‘‘year.’’ and insert unanimous consent that the amend- internal audit controls for its financial ‘‘year, and the number of employees whose ment be agreed to. programs to address shortcomings overtime pay under this subsection was lim- The PRESIDING OFFICER. Without identified recently by the Department ited in that fiscal year as a result of the 15 objection, it is so ordered. of Transportation Inspector General. percent limit established by paragraph (2).’’. The amendment (No. 4288) was agreed Further, the legislation includes a On page 8, line 1, strike ‘‘1114(e)’’ and in- to. provision intended to curb what I and sert ‘‘1114(c)’’. Mr. ROBERTS. Mr. President, I ask On page 9, line 10, strike ‘‘notified’’ and in- others view as excessive member travel unanimous consent the bill, as amend- expenditures. According to NTSB trav- sert ‘‘notifies’’. On page 10, beginning in line 19, strike ed, be read the third time and passed, el documents, only 15 percent of Board ‘‘members, and submit’’ and insert ‘‘mem- the motion to reconsider be laid upon Member travel has been accident-re- bers which shall be approved by the Board the table, and that any statements re- lated in the past five years. Non-acci- and submitted’’. lating to the bill be printed in the dent domestic and foreign travel ac- On page 10, line 23, insert ‘‘together with’’ RECORD. counts for 85 percent of the total travel before ‘‘an’’. The PRESIDING OFFICER. Without On page 12, line 2, strike ‘‘Board’’ and in- expenditures—with 51 percent for do- objection, it is so ordered. mestic travel and 34 percent for foreign sert ‘‘Board, in consultation with the Inspec- tor General of the Department of Transpor- The bill (S. 2412), as amended, was travel. While I recognize a legitimate tation,’’. read the third time and passed. need may exist to participate in impor- On page 12, line 19, strike ‘‘management (The bill will be printed in a future tant seminars and to gain greater pro- and’’ and insert ‘‘management, property edition of the RECORD.) fessional expertise that may neces- management, and’’. f sitate travel, this is simply excessive. On page 14, line 1, insert ‘‘and’’ after Therefore, the bill directs the Chair- ‘‘2001,’’. AMENDING THE VIOLENT CRIME man of the NTSB to establish annual On page 14, beginning in line 2, strike ‘‘and CONTROL AND LAW ENFORCE- $79,000,000 for fiscal year 2003,’’. MENT ACT OF 1994 travel budgets, to be approved by the On page 14, after line 10, add the following: Board, to govern Board Member non- SEC. 14. CREDITING OF LAW ENFORCEMENT Mr. ROBERTS. Mr. President, I ask accident travel. FLIGHT TIME. unanimous consent that the Com- Finally, the bill authorizes the De- In determining whether an individual mittee on the Judiciary be discharged partment of Transportation Inspector meets the aeronautical experience require- from further consideration of H.R. 1800 General to review the business, finan- ments imposed under section 44703 of title 49, and the Senate then proceed to its im- cial, and property management of the United States Code, for an airman certificate mediate consideration. NTSB. Currently, the Board has no or rating, the Secretary of Transportation shall take into account any time spent by The PRESIDING OFFICER (Mr. AL- standing Inspector General oversight. that individual operating a public aircraft as LARD). Without objection, it is so or- The bill ensures that necessary fiscal defined in section 40102 of title 49, United dered. accountability oversight is provided, States Code, if that aircraft is— The clerk will report. while prohibiting the Inspector General (1) identifiable by category and class; and The legislative clerk read as follows: from becoming involved in NTSB in- (2) used in law enforcement activities. A bill (H.R. 1800) to amend the Violent vestigations and investigation proce- SEC. 15. TECHNICAL CORRECTION. Crime Control and Law Enforcement Act of dures. Section 46301(d)(2) of title 49, United States 1994 to ensure that certain information re- The NTSB’s authorization expired Code, is amended by striking ‘‘46302, 46303,’’ garding prisoners is reported to the Attorney September 30, 1999. The NTSB faces and inserting ‘‘46301(b), 46302, 46303, 46318,’’. General. budget difficulties as it seeks to cover SEC. 16. CONFIRMATION OF INTERIM FINAL There being no objection, the Senate RULE ISSUANCE UNDER SECTION the costs of major accident investiga- 45301. proceeded to consider the bill. tions. Therefore, I hope we can move The publication, by the Department of Mr. ROBERTS. Mr. President, I ask this legislation expeditiously from the Transportation, Federal Aviation Adminis- unanimous consent that the bill be S9770 CONGRESSIONAL RECORD — SENATE October 3, 2000 considered read the third time and AUTHORIZING THE PRINTING OF now proceed to the immediate consid- passed, the motion to reconsider be ‘‘WASHINGTON’S FAREWELL AD- eration of Calendar No. 764, S. 2440. laid upon the table, and any state- DRESS’’—S. RES. 361 The PRESIDING OFFICER. The ments relating to the bill be printed in AUTHORIZING THE PRINTING OF clerk will state the bill by title. The legislative clerk read as follows: the RECORD. REVISED SENATE RULES AND MANUAL—S. RES. 360 A bill (S. 2440) to amend title 49, United The PRESIDING OFFICER. Without States Code, to improve airport security. objection, it is so ordered. There being no objection, the Senate The bill (H.R. 1800) was considered Mr. ROBERTS. Mr. President, I ask proceeded to consider the bill, which unanimous consent that the Rules read the third time and passed. was reported by the Committee on Committee be discharged from the fur- Commerce, with an amendment in the f ther consideration of S. Res. 360 and S. nature of a substitute. Res. 361, and that the Senate then pro- (Strike out all after the enacting ceed en bloc to their immediate consid- AUTHORIZING PRINTING OF PUB- clause and insert the part printed in eration. italic.) LICATION ‘‘THE UNITED STATES The PRESIDING OFFICER. Without CAPITOL’’ SECTION 1. SHORT TITLE. objection, it is so ordered. This Act may be cited as the ‘‘Airport Security The clerk will report the resolutions Mr. ROBERTS. Mr. President, I ask Improvement Act of 2000’’. by title. unanimous consent that the Senate SEC. 2. CRIMINAL HISTORY RECORD CHECKS. The legislative clerk read as follows: (a) EXPANSION OF FAA ELECTRONIC PILOT proceed to the immediate consider- A resolution (S. Res. 360) to authorize the PROGRAM.—Within 12 months after the date of ation of S. Con. Res. 141 submitted by printing of a document entitled ‘‘Washing- enactment of this Act, the Administrator of the Senator MCCONNELL. ton’s Farewell Address.’’ Federal Aviation Administration shall, in con- A resolution (S. Res. 361) to authorize the sultation with the Office of Personnel Manage- The PRESIDING OFFICER. The printing of a revised edition of the Senate ment and the Federal Bureau of Investigation, clerk will report the concurrent resolu- Rules and Manual. develop the pilot program for individual crimi- tion by title. There being no objection, the Senate nal history record checks, known as the elec- The legislative clerk read as follows: proceeded to consider the resolutions tronic fingerprint transmission pilot project, into en bloc. an aviation industry-wide program. A concurrent resolution (S. Con. Res. 141) Mr. ROBERTS. Mr. President, I ask (b) APPLICATION OF EXPANDED PROGRAM.— Beginning 1 year after the date of enactment of to authorize the printing of copies of the unanimous consent that the resolu- publication entitled ‘‘The United States Cap- this Act, the Administrator shall utilize the pro- tions be agreed to and the motions to gram described in subsection (a) to carry out itol’’ as a Senate document. reconsider be laid upon the table en section 44936 of title 49, United States Code, for There being no objection, the Senate bloc. individuals described in subsection (a)(1)(A), proceeded to consider the concurrent The PRESIDING OFFICER. Without (a)(1)(B)(i), or (a)(1)(B)(ii) of that section. If the Administrator determines that the program is resolution. objection, it is so ordered. The resolutions (S. Res. 360 and S. not sufficiently operational 1 year after the date Mr. ROBERTS. Mr. President, I ask Res. 361) were agreed to, as follows: of enactment of this Act to permit its utilization unanimous consent the resolution be in accordance with subsection (a), the Adminis- S. RES. 360 trator shall notify the Senate Committee on agreed to and the motion to reconsider Resolved, Commerce, Science, and Transportation and the be laid upon the table. SECTION 1. AUTHORIZATION. House of Representatives Committee on Trans- The PRESIDING OFFICER. Without The booklet entitled ‘‘Washington’s Fare- portation and Infrastructure of the determina- well Address’’, prepared by the Senate His- tion. objection, it is so ordered. torical Office under the direction of the Sec- (c) CHANGES IN EXISTING REQUIREMENTS.— The concurrent resolution (S. Con. retary of the Senate, shall be printed as a Section 44936(a)(1) of title 49, United States Res. 141) was agreed to, as follows: Senate document. Code is amended— SEC. 2. FORMAT. (1) by striking ‘‘conducted, as the Adminis- S. CON. RES. 141 The Senate document described in section trator decides is necessary to ensure air trans- 1 shall include illustrations and shall be in portation security, of’’ in subparagraph (A) and Resolved by the Senate (the House of Rep- the style, form, manner, and printing as di- inserting ‘‘conducted of’’; and resentatives concurring), That (a) a revised rected by the Joint Committee on Printing (2) by striking ‘‘subparagraph (C))’’ in sub- edition of the publication entitled ‘‘The after consultation with the Secretary of the paragraph (B) and inserting ‘‘subparagraph United States Capitol’’ (referred to as ‘‘the Senate. (D))’’; pamphlet’’) shall be reprinted as a Senate SEC. 3. COPIES. (3) by redesignating subparagraphs (C) and document. In addition to the usual number of copies, (D) as subparagraphs (D) and (E); there shall be printed 600 additional copies of (4) by inserting after subparagraph (B) the (b) There shall be printed a total of following: 2,850,000 copies of the pamphlet in English the document specified in section 1 for the use of the Secretary of the Senate. ‘‘(C) A criminal history record check shall be and seven other languages at a cost not to conducted for every individual who applies for exceed $165,900 for distribution as follows: S. RES. 361 a position described in subparagraph (A) or in (1)(A) 206,000 copies of the pamphlet in the subparagraph (B)(i) or (ii) after the date of en- Resolved, That (a) the Committee on Rules English language for the use of the Senate actment of the Airport Security Improvement and Administration shall prepare a revised with 2,000 copies distributed to each Member; Act of 2000. For the 12-month period beginning edition of the Senate Rules and Manual for (B) 886,000 copies of the pamphlet in the on the date of enactment of that Act, an indi- the use of the 106th Congress. English language for the use of the House of vidual described in the preceding sentence may (b) The manual shall be printed as a Senate Representatives with 2,000 copies distributed be employed in such a position before the check document. to each Member; and (c) In addition to the usual number of doc- is completed if the individual is subject to super- (C) 1,758,000 copies of the pamphlet for dis- uments, 1,400 additional copies of the manual vision except in a case described in clause (i), tribution to the Capitol Guide Service in the shall be bound of which— (ii), (iii), (iv), or (v) of subparagraph (D). After following languages: (1) 500 paperbound copies shall be for the that 12-month period, such an individual may (i) 908,000 copies in English; use of the Senate; and not be so employed until the check is com- (ii) 100,000 copies in each of the following (2) 900 copies shall be bound (500 pleted.’’; seven languages: Spanish, German, French, paperbound; 200 nontabbed black skiver; 200 (5) by striking ‘‘subparagraph (C),’’ in sub- Russian, Japanese, Italian, and Korean; and tabbed black skiver) and delivered as may be paragraph (E), as redesignated, and inserting (iii) 150,000 copies in Chinese. directed by the Committee on Rules and Ad- ‘‘subparagraph (D),’’; and (2) If the total printing and production ministration. (6) by striking ‘‘as a screener’’ in subpara- costs of copies in paragraph (1) exceed graph (E), as redesignated, and inserting ‘‘in $165,900, such number of copies of the pam- f the position for which the individual applied’’. phlet as does not exceed total printing and AIRPORT SECURITY (d) LIST OF OFFENSES BARRING EMPLOY- production costs of $165,900, shall be printed IMPROVEMENT ACT OF 2000 MENT.—Section 44936(b)(1)(B) of title 49, United with distribution to be allocated in the same States Code, is amended— proportion as in paragraph (1) as it relates to Mr. ROBERTS. Mr. President, I ask (1) by inserting ‘‘(or found not guilty by rea- numbers of copies in the English language. unanimous consent that the Senate son of insanity)’’ after ‘‘convicted’’; October 3, 2000 CONGRESSIONAL RECORD — SENATE S9771 (2) by inserting ‘‘or felony unarmed’’ after (2) by inserting after subsection (d) thereof the where bulk explosive detection equipment is ‘‘armed’’ in clause (xi); following: being used. (3) by striking ‘‘or’’ after the semicolon in ‘‘(e) IMPROVEMENT OF SECURED-AREA ACCESS SEC. 7. TECHNICAL AMENDMENT TO TITLE 49. clause (xii); CONTROL.— Section 106(p)(2) is amended by striking ‘‘15’’ (4) by redesignating clause (xiii) as clause (xv) ‘‘(1) ENFORCEMENT.— and inserting ‘‘18’’. and inserting after clause (xii) the following: ‘‘(A) ADMINISTRATOR TO PUBLISH SANCTIONS.— Mr. MCCAIN. Mr. President, I rise to ‘‘(xiii) felony involving a threat; The Administrator shall publish in the Federal ‘‘(xiv) a felony involving— Register a list of sanctions for use as guidelines express my strong support for the Air- ‘‘(I) willful destruction of property; in the discipline of employees for infractions of port Security Improvement Act of 2000, ‘‘(II) importation or manufacture of a con- airport access control requirements. The guide- S. 2440. This bill was introduced in trolled substance; lines shall incorporate a progressive disciplinary April by Senator HUTCHISON and co- ‘‘(III) burglary; approach that relates proposed sanctions to the sponsored by several other Senators, ‘‘(IV) theft; severity or recurring nature of the infraction, including myself. In June, the Com- ‘‘(V) dishonesty, fraud, or misrepresentation; and shall include, but are not limited to, meas- ‘‘(VI) possession or distribution of stolen prop- merce Committee favorably reported S. ures such as remedial training, suspension from 2440, which was crafted to address sev- erty; security-related duties, suspension from all du- ‘‘(VII) aggravated assault; or ties without pay, and termination of employ- eral serious concerns associated with ‘‘(VIII) bribery; or’’; and ment. aviation security in this country. (5) by striking ‘‘clauses (i)–(xii) of this para- ‘‘(B) USE OF SANCTIONS.—Each airport, air The bill was introduced in the wake graph.’’ in clause (xv), as redesignated, and in- carrier, and security screening company shall of an Aviation Subcommittee hearing serting ‘‘clauses (i) through (xiv) of this sub- include the list of sanctions published by the paragraph.’’. chaired by Senator HUTCHISON on the Administrator in its security program. The secu- current state of aviation security. SEC. 3. IMPROVED TRAINING. rity program shall include a process for taking (a) COMPLETION OF RULEMAKING ON CERTIFI- Prior to the hearing, the Federal Avia- prompt disciplinary action against an employee tion Administration (FAA) and the CATION OF AVIATION SCREENING COMPANIES.— who commits an infraction of airport access con- (1) INTERIM RULE.—No later than 30 days trol requirements. General Accounting Office (GAO) con- after the date of enactment of this Act, the Ad- ‘‘(2) IMPROVEMENTS.—The Administrator ducted a closed briefing with respect to ministrator of the Federal Aviation Administra- shall— some of the more sensitive information tion shall issue as an interim final rule the pro- ‘‘(A) work with airport operators and air car- in this area. Given concerns raised by posed rule on Certification of Screening Compa- riers to implement and strengthen existing con- the GAO and the Department of Trans- nies published in the Federal Register for Janu- trols to eliminate access control weaknesses by portation’s Inspector General, a con- ary 5, 2000. For purposes of the interim final September 30, 2000; rule, the analyses and documentation prepared sensus developed that legislation was ‘‘(B) require airport operators and air carriers needed to address some of the more for the proposed rules are deemed to meet the re- to develop and implement comprehensive and re- quirements of chapter 5 of title 5, United States curring training programs that teach employees glaring deficiencies in the current sys- Code, applicable to rulemaking and any other their role in airport security, the importance of tem. procedural requirement imposed by law on rule- their participation, how their performance will As reported by the committee, S. 2440 making. be evaluated, and what action will be taken if would do the following: require crimi- (2) FINAL RULE.—No later than May 31, 2001, they fail to perform; nal history records checks for all bag- the Administrator shall issue a final rule on the ‘‘(C) require airport operators and air gage and security checkpoint screen- Certification of Screening Companies, after tak- carriers— ing into account any comments received on the ers; expand the list of criminal convic- ‘‘(i) to develop and implement programs that tions that disqualify an individual proposed rule issued as an interim final rule foster and reward compliance with access con- under paragraph (1). trol requirements, and discourage and penalize from being employed as a security (b) MINIMUM INSTRUCTIONAL STANDARDS FOR noncompliance in accordance with guidelines screener; increase the amount of class- SCREENERS.—Section 44935 of title 49, United issued by the Administrator to measure em- room and on-the-job training required States Code, is amended by adding at the end ployee compliance; and of airline security screeners; require thereof the following: (ii) to enforce individual compliance require- the FAA to work with air carriers and ‘‘(e) TRAINING STANDARDS FOR SCREENERS.— ments under Administration oversight; airport operators to strengthen proce- ‘‘(1) IN GENERAL.—The Administrator shall ‘‘(D) assess and test for compliance with ac- prescribe minimum standards for training secu- dures to prevent unauthorized access cess control requirements, report findings, and to aircraft; hold security personnel in- rity screeners that include at least 40 hours of assess penalties or take other appropriate en- classroom instruction before an individual is forcement actions when noncompliance is dividually responsible for security qualified to provide security screening services found; lapses through progressive disciplinary under section 44901 of this title. ‘‘(E) improve and better administer the Ad- measures; require the FAA to improve ‘‘(2) CLASSROOM EQUIVALENCY.—The success- ministration security database to ensure its effi- security at its own air traffic control ful completion of a program certified by the Ad- ciency, reliability, and usefulness for identifica- facilities; and increase random screen- ministrator as a program that will train individ- tion of systemic problems and allocation of re- uals to a level of proficiency meets the classroom ing of checked bags for explosives. sources; I believe these are all necessary steps instruction requirement of paragraph (1). ‘‘(F) improve the execution of the Administra- ‘‘(3) ON-THE-JOB TRAINING.—In addition to the for the improvement of aviation secu- tion’s quality control program by September 30, requirements of paragraph (1), before an indi- 2000; and rity. No system can ever be perfect, but vidual may exercise independent judgment as a ‘‘(G) require airport operators and air carriers we must continue to strive for an air security screener under section 44901 of this title to strengthen access control points in secured transportation system that is as secure the individual shall— areas (including air traffic control operations as reasonably possible. On the whole, ‘‘(A) complete 40 hours of on-the-job training; areas) to ensure the security of passengers and and security at U.S. airports appears to be aircraft by September 30, 2000.’’. ‘‘(B) successfully complete an on-the-job good at this time. But, as I have said training examination prescribed by the Adminis- SEC. 5. PHYSICAL SECURITY FOR ATC FACILITIES. before, we cannot relax our efforts, es- trator.’’. In order to ensure physical security at Federal pecially given the significant growth in (c) COMPUTER-BASED TRAINING FACILITIES.— Aviation Administration facilities that house air air travel. The threats to our nation Section 4935 of title 49, United States Code, as traffic control systems, the Administrator shall— remain real, and the airline industry amended by subsection (b) is further amended unfortunately remains an attractive by adding at the end thereof the following: (1) correct identified physical security weak- ‘‘(f) ACCESSIBILITY OF COMPUTER-BASED nesses at inspected facilities so these air traffic target. TRAINING FACILITIES.—The Administrator shall control facilities can be granted physical secu- In closing, I commend Senator work with air carriers and airports to ensure rity accreditation as expeditiously as possible, HUTCHISON for her hard work on this that computer-based training facilities intended but no later than April 30, 2001; and bill. She has done a fine job of taking for use by security screeners at an airport regu- (2) ensure that annual or triennial follow-up the lead on this legislation. larly serving an air carrier holding a certificate inspections are conducted, deficiencies are Mr. HOLLINGS. Mr. President, thank issued by the Secretary be conveniently located promptly corrected, and accreditation is kept you for the opportunity to speak today current for all air traffic control facilities. for that airport and easily accessible.’’. about airport security, and in par- SEC. 6. EXPLOSIVES DETECTION EQUIPMENT. SEC. 4. IMPROVING SECURED-AREA ACCESS CON- ticular, S. 2440, the Airport Security TROL. The Administrator of the Federal Aviation Section 44903 of title 49, United States Code, is Administration shall immediately begin to in- Improvement Act of 2000. amended— crease gradually the random selection factor em- Our aviation security system in the (1) by redesignating subsections (e) and (f) as bedded in the Administration’s Commuter-As- United States and abroad is of extreme subsections (f) and (g); and sisted Passenger Prescreening System at airports importance in protecting the traveling S9772 CONGRESSIONAL RECORD — SENATE October 3, 2000 public. Airport security is our first line their job and they also need to be pro- who, at no charge, have helped millions of of defense against terrorist attacks or vided with the proper training to carry veterans and their families secure the edu- other dangerous acts. We all know that out their functions. Many of the areas cation, disability compensation, and health our airport security personnel are un- covered by this bill consist of actions care benefits they are rightfully entitled to receive as a result of the military service derpaid and overworked. now being undertaken by the FAA. performed by those veterans; and Congress sets minimum security However, despite these actions, and Whereas veterans service organizations standards for the airports and airlines consistent with the needs of the trav- have been deeply involved in countless local to meet, but implementing the stand- eling public, a number of modifications community service projects and have been ards is not a government function— will be debated with our House col- constant reminders of the American ideals of that part is left to the airlines, air- leagues but I am confident we can put duty, honor, and national service: Now, ports and security personnel. We need together a final bill and send it to the therefore, be it to ensure, then, that the industry and President for his signature. Resolved by the Senate (the House of Rep- security screeners are better prepared resentatives concurring), That the Congress re- Mr. ROBERTS. Mr. President, I ask quests that— and that higher training standards are unanimous consent that the Com- (1) the United States Postal Service issue a implemented. Security workers are mittee substitute be agreed to, the bill series of commemorative postage stamps characterized by a high rate of turn- be read the third time and passed, the honoring the legacy and the continuing con- over. According to GAO’s testimony in motion to reconsider be laid upon the tributions of veterans service organizations our April 6 hearing this year on avia- table, and that any statements relating to the United States; and tion security, from May 1998 through to the bill be printed at this point in (2) the Citizens’ Stamp Advisory Com- mittee recommend to the Postmaster Gen- April 1999, turnover averaged 126 per- the RECORD. cent among screeners at 19 large air- eral that such a series of commemorative The PRESIDING OFFICER. Without postage stamps be issued. ports, and the average wage for screen- objection, it is so ordered. ers in the United States averages $5.75 The committee amendment in the f per hour with minimal benefits. We nature of a substitute was agreed to. U.S.S. ‘‘WISCONSIN’’ COMMEMORA- can’t expect security personnel who are The bill (S. 2440), as amended, was TIVE POSTAGE STAMP receiving minimum-wage or near-min- read the third time and passed. Mr. ROBERTS. Mr. President, I ask imum wage to realize just how impor- f tant their jobs are to the overall secu- unanimous consent that the Govern- rity of the airport and to have a com- REQUESTING THAT THE U.S. POST- mental Affairs Committee be dis- mitment to their jobs. On the other AL SERVICE ISSUE A COMMEMO- charged from further consideration of hand, security personnel also need to RATIVE STAMP HONORING NA- S. Con. Res. 60, and that the Senate be held individually responsible for se- TIONAL VETERANS SERVICE OR- then proceed to its immediate consid- curity lapses. Peoples’ lives are at GANIZATIONS eration. stake when there are security lapses. Mr. ROBERTS. Mr. President, I ask The PRESIDING OFFICER. Without Employees who fail to follow proce- unanimous consent that the Govern- objection, it is so ordered. dures should be suspended or termi- mental Affairs Committee be dis- The clerk will report the concurrent nated. charged from further consideration of resolution by title. S. 2440 directs the FAA Adminis- S. Con. Res. 70, and the Senate then The legislative clerk read as follows: trator to prescribe minimum standards proceed to its immediate consider- A concurrent resolution (S. Con. Res. 60) for training security screeners that in- ation. expressing the sense of Congress that a com- cludes at least 40 hours of classroom The PRESIDING OFFICER. Without memorative postage stamp should be issued in honor of the U.S.S. Wisconsin and all those instruction and at least 40 hours of objection, it is so ordered. who served aboard her. practical training before an individual The clerk will state the resolution by is qualified to provide security screen- title. There being no objection, the Senate proceeded to consider the concurrent ing services at an airport. The FAA is A concurrent resolution (S. Con. Res. 70) committed to funding better, more ef- requesting that the United States Postal resolution. fective equipment, but it was not going Service issue a commemorative postage Mr. ROBERTS. Mr. President, I ask to finalize the regulation to improve stamp honoring the national veterans serv- unanimous consent that the concur- training requirements for screeners ice organizations of the United States. rent resolution be agreed to, the pre- and certification for screening compa- There being no objection, the Senate amble be agreed to, the motion to re- nies until May 2001. With this legisla- proceeded to consider the concurrent consider be laid upon the table, and tion, improved training requirements resolution. that any statements relating to the will be implemented by September 30 Mr. ROBERTS. Mr. President, I ask resolution be printed in the RECORD. of this year. S. 2440 also, among other unanimous consent that the concur- The PRESIDING OFFICER. Without things, requires airport operators and rent resolution be agreed to, the pre- objection, it is so ordered. air carriers to develop comprehensive amble be agreed to, the motion to re- The concurrent resolution (S. Con. and recurring training programs that consider be laid upon the table, and Res. 60) was agreed to. teach employees their role in airport that any statements relating to the The preamble was agreed to. security and how performance will be concurrent resolution be printed at The concurrent resolution, with its evaluated and treated. this point in the RECORD. preamble, reads as follows: Another major problem at airports is The PRESIDING OFFICER. Without S. CON. RES. 60 secured-area access control weak- objection, it is so ordered. Whereas the Iowa Class Battleship, the nesses. People are getting into secured The concurrent resolution (S. Con. U.S.S. Wisconsin (BB-64), is an honored war- areas by following airport employees Res. 70) was agreed to. ship in United States naval history, with 6 through security doors. This can be The preamble was agreed to. battle stars and 5 citations and medals dur- ing her 55 years of service; solved by employees simply closing the The concurrent resolution, with its preamble, reads as follows: Whereas the U.S.S. Wisconsin was launched door behind them after they enter a se- on December 7, 1943, by the Philadelphia cured area. S. 2440 requires airport op- S. CON. RES. 70 Naval Shipyard; sponsored by Mrs. Walter S. erators and air carriers to develop pro- Whereas United States service personnel Goodland, wife of then-Governor Goodland of grams that foster and reward compli- have fought, bled, and died in every war, con- Wisconsin; and commissioned at Philadel- ance with access control requirements, flict, police action, and military interven- phia, Pennsylvania, on April 16, 1944, with discourage and penalize noncompli- tion in which the United States has engaged Captain Earl E. Stone in command; ance, and enforce individual compli- during this century and throughout the Na- Whereas her first action for Admiral Wil- tion’s history; liam ‘‘Bull’’ Halsey’s Third Fleet was a ance requirements under FAA over- Whereas throughout history, veterans strike by her task force against the Japanese sight. service organizations have ably represented facilities in Manila, thereby supporting the I believe this bill is a step in the the interests of veterans in Congress and amphibious assault on the Island of Mindoro, right direction. Security personnel State legislatures across the Nation, and es- which was a vital maneuver in the defeat of need to be aware of the importance of tablished networks of trained service officers the Japanese forces in the Philippines; October 3, 2000 CONGRESSIONAL RECORD — SENATE S9773 Whereas the U.S.S. Wisconsin joined the bloc: Calendar No. 828, H.R. 3084, and cant locations or events in the life of Abra- Fifth Fleet to provide strategic cover for the Calendar No. 711, H.R. 2773. ham Lincoln. Cooperative efforts to promote assault on Iwo Jima by striking the Tokyo The PRESIDING OFFICER. The and interpret the life of Abraham Lincoln area; clerk will report the bills by title. may include the use of cooperative agree- Whereas the U.S.S. Wisconsin supplied cru- The assistant legislative clerk read ments, cross references, cross promotion, cial firepower for the invasion of Okinawa; and shared exhibits. Whereas the U.S.S. Wisconsin served as a as follows: (3) COMPETITIVE BIDDING GUIDELINES.—As a flagship for the Seventh Fleet during the Ko- A bill (H.R. 3084) to authorize the Sec- condition of the receipt of a grant under sub- rean conflict; retary of the Interior to contribute funds for section (a), the Secretary of the Interior shall Whereas the U.S.S. Wisconsin provided con- the establishment of an interpretative center require that the grant recipient comply with sec- sistent naval gunfire support during the Ko- on the life and contributions of President tions 303, 303A, and 303B of the Federal Prop- rean conflict to the First Marine Division, Abraham Lincoln. erty and Administrative Services Act of 1949 (41 the First Republic of Korea Corps, and A bill (H.R. 2773) to amend the Wild and U.S.C. 253–253b) as implemented by the Federal United Nations forces; Scenic Rivers Act to designate the Wekiva Acquisition Regulation issued pursuant to sec- Whereas the U.S.S. Wisconsin received 5 River and its tributaries of Wekiva Springs tion 25 of the Office of Federal Procurement battle stars for World War II and one for the Run, Rock Springs Run, and Black Water Policy Act (41 U.S.C. 421) in planning, design- Korean conflict; Creek in the State of Florida as components ing, and constructing the interpretive center. Whereas the U.S.S. Wisconsin returned to of the national wild and scenic rivers sys- (d) PROHIBITION ON CONTRIBUTION OF OPER- combat on January 17, 1991; tem. ATING FUNDS.—Grant amounts may not be Whereas the U.S.S. Wisconsin served as There being no objection, the Senate used for the maintenance or operation of the Tomahawk strike warfare commander for proceeded to consider the bills. interpretive center. the Persian Gulf, and directed the sequence Mr. ROBERTS. Mr. President, I ask (e) NON-FEDERAL OPERATION.—The Sec- retary of Interior shall have no involvement of Tomahawk launches that initiated Oper- unanimous consent that any com- ation Desert Storm; and in the actual operation of the interpretive Whereas the U.S.S. Wisconsin, decommis- mittee amendment be agreed to. center, except at the request of the non-Fed- sioned on September 30, 1991, is berthed at The PRESIDING OFFICER. Without eral entity responsible for the operation of Portsmouth, Virginia; and may soon be objection, it is so ordered. the center. berthed at Nauticus, the National Maritime The committee amendment to H.R. SEC. 2. AUTHORIZATION OF APPROPRIATIONS. Museum in Norfolk, Virginia, where she 3084 was agreed to, as follows: There are authorized to be appropriated to would serve as a floating monument and an H.R. 3084 the Secretary of the Interior a total of educational museum: Now, therefore, be it Be it enacted by the Senate and House of Rep- $50,000,000 to make grants under subsection Resolved by the Senate (the House of Rep- resentatives of the United States of America in (a). Amounts so appropriated shall remain resentatives concurring), That it is the sense Congress assembled, available for expenditure through fiscal year of Congress that— 2006. (1) a commemorative postage stamp should SECTION 1. CONTRIBUTIONS TOWARD ESTAB- LISHMENT OF ABRAHAM LINCOLN Mr. ROBERTS. Mr. President, I ask be issued by the United States Postal Serv- INTERPRETIVE CENTER. unanimous consent that the bills be ice in honor of the U.S.S. Wisconsin and all (a) GRANTS AUTHORIZED.—Subject to sub- those who served aboard her; and read the third time and passed, the mo- sections (b) and (c), the Secretary of the In- tions to reconsider be laid upon the (2) the Citizen’s Stamp Advisory Com- terior shall make grants to contribute funds mittee should recommend to the Postmaster for the establishment in Springfield, Illinois, table, and that any statements relating General that such a postage stamp be issued. of an interpretive center to preserve and to the bills be printed in the RECORD, f make available to the public materials re- with the above occurring en bloc. lated to the life of President Abraham Lin- The PRESIDING OFFICER. Without MEASURE READ THE FIRST coln and to provide interpretive and edu- objection, it is so ordered. TIME—S. 3152 cational services which communicate the The bills (H.R. 3084, as amended, and Mr. ROBERTS. Mr. President, I un- meaning of the life of Abraham Lincoln. H.R. 2773) were read the third time and derstand that S. 3152 is at the desk, and (b) PLAN AND DESIGN.— passed. (1) SUBMISSION.—Not later than 18 months I ask for its first reading. after the date of the enactment of this Act, f The PRESIDING OFFICER. The the entity selected by the Secretary of the SALE OF PUBLIC LAND IN clerk will report the bill by title. Interior to receive grants under subsection LINCOLN COUNTY, NEVADA The legislative clerk read as follows: (a) shall submit to the Secretary a plan and A bill (S. 3152) to amend the Internal Rev- design for the interpretive center, including enue Code of 1986 to provide tax incentives a description of the following: EXCHANGE OF LANDS WITHIN THE for distressed areas, and for other purposes. (A) The design of the facility and site. (B) The method of acquisition. STATE OF UTAH Mr. ROBERTS. Mr. President, I ask (C) The estimated cost of acquisition, con- Mr. ROBERTS. Mr. President, I ask for its second reading and object to my struction, operation, and maintenance. unanimous consent that the Senate own request. (D) The manner and extent to which non- proceed to the consideration en bloc of The PRESIDING OFFICER. Objec- Federal entities will participate in the ac- the following bills: Calendar No. 836, tion is heard. quisition, construction, operation, and main- H.R. 2752, and Calendar No. 910, H.R. The bill will be read a second time on tenance of the center. 4579. the next legislative day. (2) CONSULTATION AND COOPERATION.—The plan and design for the interpretive center The PRESIDING OFFICER. The f shall be prepared in consultation with the clerk will state the bills by title. MEASURE PLACED ON THE Secretary of the Interior and the Governor of The assistant legislative clerk read Illinois and in cooperation with such other CALENDAR—H.J. RES. 110 as follows: public, municipal, and private entities as the A bill (H.R. 2752) to direct the Secretary of Mr. ROBERTS. Mr. President, I ask Secretary considers appropriate. the Interior to sell certain public land in (c) CONDITIONS ON GRANT.— unanimous consent that H.J. Res. 110, Lincoln County through a competitive proc- (1) MATCHING REQUIREMENT.—A grant under the continuing resolution just received ess. subsection (a) may not be made until such from the House, be placed on the cal- A bill (H.R. 4579) to provide for the ex- time as the entity selected to receive the change of certain lands within the State of endar. grant certifies to the Secretary of the Inte- Utah. The PRESIDING OFFICER. Without rior that funds have been contributed by the objection, it is so ordered. State of Illinois or raised from non-Federal There being no objection, the Senate f sources for use to establish the interpretive proceeded to consider the bills. center in an amount equal to at least double Mr. ROBERTS. Mr. President, I ask AUTHORIZING ESTABLISHMENT OF the amount of that grant. unanimous consent that the bills be INTERPRETATIVE CENTER (2) RELATION TO OTHER LINCOLN-RELATED read the third time and passed, the mo- SITES AND MUSEUMS.—The Secretary of the tions to reconsider be laid upon the Interior shall further condition the grant table, and any statements relating to WILD AND SCENIC RIVERS ACT under subsection (a) on the agreement of the grant recipient to operate the resulting in- the bills be printed in the RECORD, with Mr. ROBERTS. Mr. President, I ask terpretive center in cooperation with other the above occurring en bloc. unanimous consent that the Senate Federal and non-Federal historic sites, The PRESIDING OFFICER. Without now proceed to the following bills en parks, and museums that represent signifi- objection, it is so ordered. S9774 CONGRESSIONAL RECORD — SENATE October 3, 2000 The bills (H.R. 2752 and H.R. 4579) cally and on a bipartisan basis, and in with fewer and fewer people having rel- were read the third time and passed. which we achieved a decisive victory, atives or friends in the military, or liv- f posed such a threat in the last half cen- ing in communities in which a military tury. base is a dominant feature of the local GLOBAL ROLE V: ROLES OF THE We have spent much of the time in economy. This growing separation be- GOVERNMENT, THE PEOPLE, previous dialogues in discussing the tween the military and civilian worlds AND THE MILITARY IN WAR- proper ends of American national secu- has produced a profound impact on the MAKING rity policy in the post-Cold War era, perspectives and performance of the Mr. CLELAND. Mr. President, today, but if we don’t fix the problems in this U.S. government when it comes to the with my dear friend and wonderful col- ‘‘holy trinity’’ of means—the roles of use of force, and I will return to this league from Kansas, Senator ROBERTS, the public, the military and the gov- point later. we come to the fifth and final in our se- ernment—we are going to be contin- We can bemoan the public’s skep- ries of floor discussions on the global ually frustrated in our achievement of ticism and disengagement, and wish role of the United States. We will begin whatever objectives we set. that it didn’t exist, but it is a fact with consideration of the key instru- Let’s start with the first of Clause- which impacts on all major foreign and ments of national security policy, and witz’ trinity: the people. defense policy issues facing the Con- we will conclude this series with a The post-Cold War world is not only gress. We saw it in the NAFTA debate, presentation of what we have learned producing changes abroad—changes and in the debates on Iraq, NATO and over the course of these dialogs. which we have spoken of at some the Balkans. The inspiration for the first of to- length in our previous global role dis- Now, I believe that the critics of for- day’s topics comes from a source we cussions—but also a number of alter- eign trade and foreign engagement have often cited in this series: The ations here at home. Over the past dec- raise important and legitimate con- great 19th century military thinker, ade or so, we have seen a democratiza- cerns which need to be addressed. I do Karl von Clausewitz, who wrote in his tion in terms of our foreign and defense not believe we can stand behind plati- seminal work on war these words: policies in the sense that the American tudes that ‘‘foreign trade is always Its dominant tendencies always make war public is less and less disposed to leave good,’’ or ‘‘U.S. leadership is always es- a paradoxical trinity. The passions that are these matters to the ‘‘experts,’’ and to sential.’’ In my view, the burden is now to be kindled in war must already be inher- trust the assurances of the ‘‘Establish- on those who would urge engagement ent in the people. The scope which the play ment’’ with respect to the benefits of overseas, whether military, political or of courage and talent will enjoy in the realm of probability and chance depends on the internationalism. economic. As the just discussed public particular character of the commander and While there is certainly nothing opinion data indicate, they have their the army; but the political aims are the busi- wrong with such skepticism, and in- work cut out for them, with widespread ness of government alone. deed a demand for accountability is a indifference, lack of knowledge and These three tendencies are like three dif- healthy and appropriate attitude for doubt about the value of such engage- ferent codes of law, deep rooted in their sub- the public to take, whether on national ment. However, it is a debate worth ject and yet variable in their relationship to security or any other public policy, having, and indeed is essential if we are one another. A theory that ignores any one this democratization of national secu- of them or seeks to fix an arbitrary relation- to achieve the kind of national con- ship between them would conflict with re- rity policy has been marked by wide- sensus we need in this post-Cold War ality to such an extent that for this reason spread public disengagement from the era. alone, it would be totally useless. details of that policy: The second of the war-making trinity Our task, therefore is to develop a theory For example, a 1997 Wall Street Jour- of Clausewitz is the military itself. that maintains a balance between these nal/NBC News survey found that for- Lets talk about the military. The sub- three tendencies, like an object suspended eign policy and defense ranked last, at ject of military reform is a fascinating between three magnets. 9 percent, among issues cited by the and important one in its own right, but Attempts to find the proper balance public as the most important matters is somewhat beyond the scope of our between the roles of the people, the facing the country. dialogues on the U.S. global role. How- military and the government when A 1997 Washington Post/Kaiser Foun- ever, I would like to touch on a few America goes to war have been a major dation/Harvard poll discovered that 64 areas in which the specific needs of our feature of the last 35 years, from the percent of the American public thought Armed Forces, and the perspectives of Gulf of Tonkin Resolution, to Oper- that foreign aid was the largest compo- and about the American military have ation Desert Storm, to Operation Al- nent of the federal budget, when in fact a direct bearing on our role as policy- lied Force. In my opinion, it is an ef- it is one of the smallest at approxi- makers. fort which has not been overly success- mately 1 percent. As perhaps the leading military ana- ful. Certainly in the case of Vietnam, A 1999 Penn and Schoen survey dis- lyst of the Vietnam War, Colonel Harry there was no real attempt to mobilize covered that nearly half—48 percent— Summers, wrote in his excellent book the American public in support of the of the American public felt that the On Strategy: The Vietnam War in Con- war effort, nor for the Executive U.S. was ‘‘too engaged’’ in inter- text: Branch to seek or the Congress to de- national problems, while just 16 per- Prior to any future commitment of U.S. mand that the Constitutional role of cent expressed the view that we are military forces our military leaders must in- the Congress to legitimize the conduct ‘‘not engaged enough.’’ sist that the civilian leadership provide tan- of hostilities be exercised. But I would A 1999 poll for the Program on Inter- gible, obtainable political goals. The po- also contend that much the same pat- national Policy Attitudes found that litical objective cannot merely be a tern is evident in more recent Amer- only 28 percent of the American people platitude but must be stated in con- ican interventions in the Balkans, and wanted the U.S. government to pro- crete terms. While such objectives may to an only somewhat lesser extent in mote further globalization while 34 per- very well change during the course of the Gulf War. cent wanted our government to try to the war, it is essential that we begin The fact that we have emerged from slow or reverse it, and another 33 per- with an understanding of where we in- all of these military interventions cent preferred that we simply allow it tend to go. I couldn’t have said it bet- without major harm—though the nega- to continue at its own pace, as we are ter. As Clausewitz said, we should not tive impact from Vietnam was far from doing now. ‘‘take the first step without considering negligible—is a tribute to the efforts of Related to these results, I personally the last . . .’’ There is an inherent con- our servicemen and women, the capa- believe that the end of the draft and tradiction between the military and its bilities of our weaponry, but also, I the dramatic reductions in defense per- civilian leaders on this issue. For both would suggest, the fact that our vital sonnel levels in recent years—since domestic and international political national interests were never threat- FY85 the size of our armed forces de- purposes the civilian leaders want max- ened in these cases. Only the Cold War, creased by 30 percent—has produced a imum flexibility and maneuverability which by and large was prosecuted ef- growing disconnect between the Amer- and are hesitant to fix on firm objec- fectively, both militarily and politi- ican public and the American military, tives. The military on the other hand October 3, 2000 CONGRESSIONAL RECORD — SENATE S9775 need just such a firm objective as early Gap and the American Use of Force It is generally agreed that the Com- as possible in order to plan and conduct 1816–1992,’’ found: mander in Chief role gives the Presi- military operations. That is according two broad clusters of opinion that track dent power to repel attacks against the to Harry Summers. with military experience, yielding what we United States and makes him respon- Mr. President, I know all too well the call civilian hawks and military doves. sible for leading the armed forces. Dur- kind of price that is paid by our men Specifically, this particular survey ing the Korean and Vietnam conflicts, and women in uniform when our polit- discovered that civilian leaders are however, this country found itself in- ical leaders fail to lay out clear and more willing to use force but more volved for many years in undeclared specific objectives. More than thirty likely to want to impose restrictions wars. Many members of Congress be- years ago, in Vietnam we lacked clear on the level of force to be used, and came concerned with the erosion of and specific objectives. We attempted more supportive of human rights objec- congressional authority to decide when to use our military to impose our will tives, while military leaders are more the United States should become in- in a region far from our shores and, in reluctant to use force but prefer fewer volved in a war or should use our my view, far from our vital national in- restrictions on what level of force to armed forces in situations that might terests, and without ever fully engag- employ, and tend to support more tra- lead to war. ing the Congress or the American peo- ditional ‘‘Realpolitik’’ objectives for On November 7, 1973, the Congress ple in the process. The result was a U.S. foreign policy. Fascinating. Inter- passed the War Powers Resolution over conflict where the politicians failed to estingly, civilian leaders with prior the veto of President Nixon. As Dante provide clear political objectives and military experience were found to hold Fascell, former Chairman of the House where our policy was never fully under- views closer to the military rather Committee on Foreign Affairs noted: stood or fully supported by the Amer- than civilian leadership. The importance of this law cannot be dis- ican people. From what I have seen In other words, those who have seen counted. Simply stated, the War Powers Res- since I came to this distinguished body the face of battle are more reticent olution seeks to restore the balance created in 1997, we have made very little about resorting to force than those in the Constitution between the President and Congress on questions of peace and war. progress on any of these fronts in the who have not. This does not mean they—I should say we—are necessarily It stipulates the constitutional directions years since that time when it comes to that the President and Congress should be America going to war. right in any particular case, but it should certainly give ‘‘civilian hawks’’ partners in such vital questions—to act to- The trend discussed earlier of a grow- gether, not in separate ways. ing disconnect between the military some pause in considering recourse to an instrument whose chief practi- The War Powers Resolution has two and civilians has been perhaps even key requirements. Section 4(a) requires more pronounced among national for- tioners are wary of utilizing. Above all, as was the case with the government the President to submit a report to eign and defense policy-makers. A Congress within forty-eight hours groundbreaking recent study, orga- needing to engage the public far more effectively on questions of foreign pol- whenever troops are introduced into nized by the North Carolina Triangle icy, so must the military and the gov- hostilities or situations where immi- Institute for Security Studies and enti- ernment—including the Congress nent involvement in hostilities is tled ‘‘Project on the Gap Between Mili- —more effectively engage each other if clearly indicated by the circumstances. tary and Civilian Society,’’ made a we are ever going to achieve the kind Section 5(b) then stipulates that if U.S. number of major findings relevant to of balance which Clausewitz wrote of. armed forces have been sent into situa- our discussion today. Let me quote This leads me to the third and final tions of actual or imminent hostilities from the Project’s Digest of Findings piece of the Clausewitz trinity: the the President must remove the troops and Studies: government. As I noted earlier, Colonel within sixty days—ninety days if he re- Americans in the national political elite Summers emphasized that military quests a delay—unless Congress de- are increasingly losing a personal connection leaders must insist that the civilian clares war or otherwise authorizes the to the military. For the first 75 years of the use of force. The resolution also pro- 20th Century, there was a significant ‘‘vet- leadership provide tangible, obtainable political goals. In this country, that vides that Congress can compel the eran’s advantage’’ in American politics: al- President to withdraw the troops at ways a higher percentage of veterans in Con- duty rests squarely on the shoulders of gress than in the comparable age cohort in the President and Congress when it any time by passing a joint resolution. the general population. This veteran’s ad- comes to the business of war, as out- It is important to note, however, that vantage has eroded over the past twenty-five lined by our Founding Fathers when since the adoption of the War Powers years in both chambers of Congress and they drafted our Constitution. Resolution, every President has taken across both parties. Beginning in the mid- Under the Constitution, war powers the position that it is an unconstitu- 1990s, there has been a lower percentage of are divided. Article I, Section 8, gives tional infringement by the Congress on veterans in the Senate and the House of Rep- Congress the power to declare war and the President’s authority as Com- resentatives than in the comparable cohort mander-in-Chief, and the courts have in the population at large . . . Compared to raise and support the armed forces, historical trends, military veterans seem while Article II, Section 2 declares the not directly addressed this vital ques- now to be under-represented in the national President to be Commander in Chief. tion. political elite. With this division of authority there I would submit that although the This particular growing disconnec- has also been constant disagreement, Congress tried to reassert itself after tion is having a major impact on the not only between the executive and the Vietnam War with the enactment central topic of our global role dia- legislative branches, but between indi- of the War Powers Resolution, we have logues. To quote again from the Tri- vidual members of Congress as well, as continued to be a timid, sometimes angle Institute report: we have seen in our most recent de- non-existent player in the government The presence of veterans in the national bates on authorizing the intervention that Clausewitz emphasized must play political elite has a profound effect on the in Kosovo and on the Byrd-Warner a vital role in creating the balance nec- use of force in American foreign policy. At amendment concerning current funding essary for an effective war-making ef- least since 1816, there has been a very dura- of that very operation, dare I say war. fort. Since I came to the Senate, it has ble pattern in U.S. behavior: the more vet- Judging by the text of the Constitution been my observation that the current erans in the national political elite, the less and the debate that went into its draft- system by which the Executive and likely the United States is to initiate the use ing, however, members of Congress Legislative Branches discharge their of force in the international arena. The ef- have a right, and I would say an obliga- respective Constitutional duties in fect is statistically stronger than many other factors known to influence the use of tion, to play a key role in the making committing American servicemen and force . . . The trend of a declining rate of of war and in determination of the women into harm’s way has become in- veterans in the national political elite may proper use of our armed forces, which adequate. Congress continually lacks suggest a continued high rate of military in- has brought Senator PAT ROBERTS and sufficient and timely information as to volvement in conflicts in the coming years. me to this floor, shoulder to shoulder, policy objectives and means prior to I find that statistic astounding. to see if we can’t further articulate and the commitment of American forces. One part of the Triangle Institute work out a consensus on how do we And then, in my opinion, Congress study, titled ‘‘The Civilian-Military commit American forces abroad. largely abdicates its responsibilities S9776 CONGRESSIONAL RECORD — SENATE October 3, 2000 for declaring war and controlling the make a sound decision based on this in- I believe the case has clearly been purse with inadequate and ill-timed formation, and then leave battlefield made that the public, the military, and consideration of operations. management in the hands of those the government—the three under- Perhaps this failure has been a long competent and qualified to carry out pinnings of successful national security time in the making. My dear friend and such a task. Only then will the proper policy—are not now in proper ‘‘bal- colleague Senator BYRD so eloquently roles and balance of the triad Clause- ance,’’ to use Clausewitz’ term. Each stated in an earlier address to this witz spoke of be obtained. And only part of this trinity is skeptical and in- body on the history of the Senate, then will our decisions to commit creasingly disengaged from the other We remember December 7, 1941, as a day of troops be based on the principles we two, with a number of significant and infamy. We mourn the hundreds of American spoke of in our earlier dialogs: (1) a negative effects on our national inter- servicemen who died at Pearl Harbor, and vital national interest, (2) with clear est which we have discussed today and the thousands who gave their lives in the national policy and objectives, and (3) in previous dialogs: a widening divide war that followed. We might also mourn the with a well-defined exit strategy. As between the aspirations of American abrupt ending of the debate over American Senator Mansfield once stressed, foreign policy-makers and the Con- foreign policy. While history proved Presi- gress’ and the public’s willingness to fi- dent Roosevelt and his followers more cor- In moments of crisis, at least, the Presi- rect than their isolationist opponents, it also dent and the Congress cannot be adversaries; nance the necessary means is one such buried for decades the warnings of the isola- they must be allies who together, must de- point; a military and civilian leader- tionists that the United States should not lineate the path to guide the nation’s mas- ship which sees America’s role in the aspire to police the world, nor should it in- sive machinery of government in a fashion world and the means appropriate to se- tervene at will in the affairs of other nations which serves the interests of the people and cure those ends in vastly different in this hemisphere or elsewhere. is acceptable to the people. terms; a national government which is A very wise statement by Senator Beautifully said. deeply divided along partisan lines and BYRD. In light of the problems and issues between the executive and legislative Reasons for the failure of the War just discussed, I would like to take a branches. Powers Resolution and for our current moment to discuss S. 2851, a bill I re- I suggest the chief responsibility for difficulties abound. I believe that part cently introduced with Senators ROB- fixing this dysfunctional system lies of our problem stems from the disputed ERTS and JEFFORDS, which seeks to find squarely with us in the government. As and uncertain role of the War Powers a more workable system for Presi- Clausewitz said, ‘‘the political aims are Resolution of 1973 in governing the dential and congressional interaction the business of government alone,’’ and conduct of the President, as well as the on the commitment of American forces it is the political aims which drive, or Congress, with respect to the introduc- into combat situations. It is a bill de- at least should drive, both military re- tion of American forces into hostile rived from the current system for Pres- quirements and the public’s engage- situations. Once again, these disputes idential approval and reporting to Con- ment, or disengagement, from Amer- continue to resound between both the gress on covert operations, a system ican policy. We must find more and branches and individual members of which was established by Public Law better ways of communicating with our the legislative branch. 102–88 in 1991. By most accounts, this constituents on the realities of our na- In all honesty, however, the realities system has been accepted by both tional interests and the real costs of of our government highlight the fact branches and has worked very well securing them. We must find more and that while the legislature can urge, re- with respect to covert operations, pro- better ways to increase the exchange of quest, and demand that the President ducing both better decisionmaking in experiences and ideas between the gov- consult with members of Congress on the executive branch and improved ernment and the military. And we decisions to use force, it cannot compel congressional input and oversight with must find more and better ways of en- him to follow any of the advice that it respect to these operations. Since overt suring that both the executive and leg- might care to offer. With that in mind, troop deployments into hostilities al- islative branches properly fulfill their as an institution, Congress can do no most certainly constitute a greater constitutional responsibilities in the more than give or withhold its permis- risk to American interests and to arena of national security policy. Professor of Strategic Studies at sion to use force. And while this ‘‘use it American lives, I believe such a system Johns Hopkins University Eliot Cohen or lose it’’ quality of congressional au- represents the very least we should do closed his paper on ‘‘The Unequal Dia- thorizations may make many members to improve the approval and oversight logue: The Civil-Military Gap and the leery about acting on a crisis too soon, process with respect to overt military Use of Force,’’ which is a very inter- delays will virtually guarantee, as Sen- operations. It does not bind or limit esting series of case studies on effec- ator Arthur Vandenberg once stated, the executive branch or military, but tive, and ineffective, civilian and mili- that crises will ‘‘never reach Congress seeks to build upon the principles we tary interaction during wartime, with until they have developed to a point have covered throughout our global these observations, which are ex- roles dialog. where congressional discretion is pa- tremely relevant to our discussion Precisely because the United States thetically restricted.’’ today: What a great quote. I felt that cer- is a democracy, it is important that policy decisions be made democrat- (The lessons of serious conflict) are, above tainly as I tried to vote properly in all, that political leaders must immerse this Chamber months ago in regard to ically. As Michael Walzer observes in themselves in the conduct of war no less Milosevic and his intervention in his article ‘‘Deterrence and Democ- than they do in great projects of domestic Kosovo. racy’’: ‘‘The test of a democracy is not legislation; that they must master their Mr. President, I believe that in view that the right side wins the political military briefs as thoroughly as they do of our obligations to the national in- battle, but that there is a political bat- their civilian ones; that they must demand terest, to the Constitution and to the tle.’’ Policies that pass through public and expect from their military subordinates young American servicemen and debate and inspection emerge all the a candor as bruising as it is necessary; that both groups must expect a running conversa- women whose very lives are at stake stronger for it, because they enjoy tion in which, although civilian opinion will whether it be a ‘‘contingency oper- greater respect both at home and not dictate, it must dominate; that that con- ation’’ or a full-scale war, neither the abroad. Instead of seeing executive-leg- versation will include not only ends and poli- executive or legislative branches islative conflict over foreign policy as cies, but ways and means. should be satisfied with the current sit- a cause for dismay, we should recognize In other words, we in Government, uation which results in uncertain sig- that healthy democracies argue over the constitutionally established polit- nals to the American people, to over- the wisdom of policies. Debate is what, ical leaders, must step up to the plate seas friends and foes, and to our armed ultimately, produces better policy. And and do our jobs when it comes to na- forces personnel. In making our deci- this is precisely the role of the govern- tional security policy—especially when sion to authorize military action, Con- ment, both the President and Congress, it comes to making war—with great gress should work to elicit all advice in fulfilling our constitutional duties humility as to our own limitations, and information from the President on and achieving the proper balance of the with great care and forethought, but down to the battlefield commanders, Clausewitz trilogy. with diligence and determination. October 3, 2000 CONGRESSIONAL RECORD — SENATE S9777 Mr. President, it is my honor and dis- the next administration and the Con- not allow our military leaders to cre- tinct personal privilege to yield to the gress. ate clear, concise, and effective mili- distinguished Senator from Kansas, With regard to two of the Clausewitz tary strategies to accomplish any spe- Mr. ROBERTS, for further remarks. so-called trinities, the need for govern- cific goal. Unclear political goals lead Mr. ROBERTS. Mr. President, before ment to gain public support for na- to wars and involvement with no exit I begin, I would like to pay tribute and tional security policy, Senator strategy. special thanks to Scott Kindsvater, CLELAND already summarized our pur- A brief examination of the chain of who happens to come from my home- pose very well when he said: events leading up to the use of force in town of Dodge City, KS, who is a major We must find more and better ways of com- Kosovo certainly proves the point: in the U.S. Air Force and is a congres- municating with our constituents on the re- On March 23 of 1999, the Senate con- sional fellow in my office. He is an F– alities of our national interests and the costs ducted minimal debate regarding the 15 pilot second to none. He is going to in securing them. use of force in Yugoslavia after troops be assigned to the Pentagon. His tour Senator CLELAND went on to say: had already been deployed. S. Con. Res. of duty will end about the same time as We must find more and better ways to in- 21 passed, authorizing the President to the election. I thank him for all of his crease the exchange of experiences and ideas conduct military air operations. On March 24, one day later, combat help, all of his homework, all of his between our Government and our military. air operations did begin. Finally, MAX said: study, and for gathering together the On March 26, the President notified material that has been so helpful to me We must find more and better ways of en- Congress, consistent with the War to take part in this foreign policy dia- suring that both the executive and our legis- Powers Resolution, that operations lative branches properly fulfill their con- log. began on March 24. I thank my good friend and col- stitutional responsibilities in the arena of national security policy. On March 27, after the fact, the league, Senator CLELAND. We again House considered the use of force and In this regard, I will comment on the come to the floor of the Senate for failed to pass S. Con. Res. 21 on March first of Senator CLELAND’s points, the what is our fifth dialog with regard to 28. our Nation’s role in global affairs and fact that our political leadership must On April 30, 18 Members of the House, our vital national security interests. make sure that the public understands having serious objection to that policy, This effort has been prompted by our and supports the use of military force. filed suit against the President for con- conviction, as the Senator has said, Former Joint Chief of Staff, Gen. ducting military activities without any that such a dialog, such a process is ab- Colin Powell asserted our troops must authorization. solutely necessary, if we are to arrive go into battle with the support and un- Then on May 20, 1999, the emergency at a better bipartisan consensus on na- derstanding of the American people. supplemental appropriations bill for tional security policy, a consensus our General Powell contended back in 1993 fiscal year 1999 finally passed, and it Nation deserves and needs but has been that the key to using force is to first provided funding for the ongoing U.S. lacking since the end of the cold war. match the political expectations to Kosovo operations. Both Senator CLELAND and I have the military means in a wholly realistic On May 25, the 60-day deadline passed privilege of serving together on the way and, second, to attain very deci- following Presidential notification of Senate Armed Services Committee. sive results. He said a decision to use military operations, and the President The distinguished Presiding Officer force must be made with clear purpose didn’t seek a 30-day extension, noting also serves on that committee and pro- in mind and added that if the purpose instead that the War Powers Resolu- vides very valuable service. As a mat- is too murky—and, goodness knows, we tion is constitutionally defective. ter of fact, Senator CLELAND and I sit have had a lot of that in recent years— Then on February 18, 2000, a Federal directly opposite one another. During our political leadership will eventually appeals court affirmed the district hearing after hearing on the leading have to find clarity. court decision that the House of Rep- national security issues of the past 4 As Senator CLELAND has pointed out resentatives Members lacked standing years, it became obvious that while we already, unfortunately, today it seems to sue the President relative to the did not agree on each and every issue, that national security and foreign pol- April 30 suit of the previous year. we shared many similar views and con- icy issues represent little more than a I might add at this juncture that cerns. I call it ‘‘the foreign policy and blip on the public’s radar screen. Obvi- Senators CLELAND and SNOWE, I, and national security eyebrow syndrome’’; ously, the public this evening will be others had all previously successfully that is to say, when MAX and I hear tuned to either the baseball playoffs or amended various appropriations meas- testimony we think is off the mark, a the debate. He quoted news surveys and ures mandating the administration re- little puzzling, or downright silly, our polls showing foreign policy and de- port to the Congress specific policy eyebrows go up, and that is usually fol- fense ranking last among issues cited goals and military strategy objectives lowed by a great deal of head shaking by the public as most important that prior to the involvement of any U.S. and commiserating. face the country. That is amazing to troops. The result has been a series of for- me. Most, if not all, of those reports were eign policy dialogs: No. 1, what is the A case in point: While we are all late, were not specific or pertinent to U.S. global role? No. 2, how do we de- hopeful that the situation in the the fast changing situation in the Bal- kans. We at least tried. fine and defend U.S. vital national se- former Yugoslavia will result in the And, Mr. President, I remember well curity interests? No. 3, what is the role end of the Slobodan Milosevic regime the briefing by members of the Admin- and the possible transition to a more of multilateral organizations in the istration with regard to why the ongo- democratic government, U.S. and world today and our role within them? ing military operation in Kosovo was NATO military intervention and con- No. 4, when and how should U.S. mili- in our vital national interest. I still tinued presence in the Balkans lacks a tary forces be deployed? have my notebook and the list: Today Senator CLELAND has chosen a clearly defined policy goal or any real- The Balkans represent a strategic theme taken from the 19th century istic timetable for any conclusion. As a bridge to Europe and the Middle East. military strategist, Gen. Karl von result, while most Americans may have The current conflict could spin into Clausewitz, called ‘‘The Trinity of War really forgotten about or are not fo- Albania and include Macedonia, Greece Making,’’ or the role of government, cused on Kosovo today, nevertheless, and Turkey. After all World War I the military, and the public in con- 6,000 American troops still remain started in the same region. ducting and implementing our national there and could remain there for an- We should act to prevent a humani- security policy. other decade. That is a difficult sell tarian disaster and massacre of thou- Finally, in closing these dialogs for with regard to public understanding. sands of refugees. this session of Congress by Senator In that regard, as Senator CLELAND If we do not act, it will endanger our CLELAND, I have prepared a summary of has pointed out, Congress bears part of progress in Bosnia. agreed upon principles which we sug- that responsibility. It is easy to criti- The leadership and credibility of gest to this body that both he and I be- cize, but we bear part of that responsi- NATO into the next century is at lieve represent a suggested roadmap for bility. Unclear political objectives do stake. S9778 CONGRESSIONAL RECORD — SENATE October 3, 2000 We must oppose Serb aggression. Certainly the vast majority of Mr. President, having spoken to the With all due respect Mr. President, Kosovars were subjected to harassment role of government and the public with these arguments did not match the and much worse and their crisis was as the specific example of Kosovo, let me fast-changing conditions in the Bal- President Clinton described, a humani- turn to the third topic of the ‘‘Clause- kans. 20–20 hindsight now tells us the tarian one. But, the Kosovars also had witz Trinity’’, the military. incremental bombing campaign and their political objectives and ambi- Mr. President, I am sure that no Gen- publicly ruling out the use of ground tions; an independent Kosovo ruled by eral throughout history, be he Clause- troops exacerbated the refugee tragedy. themselves; a goal they press for today witz or Eisenhower would condone The present Presiding Officer serves by political intimidation and violence. sending troops that are not ready into with me on the Senate Intelligence The United States has, on the other battle. In the not-mincing-any-words Committee, and we had a hearing after hand, continued to oppose independ- department, I am concerned and frus- part of these problems developed. ence and has supported a multicultural trated that our United States Military Somehow intelligence reports pre- society for Kosovo. Vice President today is stressed, strained, and in too dicting the law of unintended effects GORE has said that in Kosovo there many cases hollow. went unheeded or were ignored. must be a genuine recognition and re- I often say in Kansas that our first And, in the end, U.S. stated goals spect for difference and the creation of obligation as Members of Congress is to changed when the original goals fell a tolerant and open society where ev- make sure our national security capa- short. We were assured we were fight- eryone’s rights are respected, regard- bility is equal to our vital national se- ing, not for our national interest but less of ethnic or religious background curity responsibilities. How do we do selflessly to save lives and promote de- and where all groups can participate in this? mocracy, fighting in behalf of human- government, business, the arts and One way is to do exactly what Sen- ity. Mr. President, in my view, neither education. ator CLELAND and I try to do and that the Senate, the House or the adminis- These are fine and noble goals but is to personally visit our men and tration can square these goals with they are ‘‘ours’’ not those of the women in uniform stationed here at what has actually taken place and is Kosovars. We have two choices. First, home and throughout the world. We, taking place in the Balkans. I don’t we can accept the political ambitions along with a majority of members of question the intent. for a mono-cultural and independent the Armed Services Committee, visit The most optimistic lien today is state purged of non Albanians or sec- with and seek advice from the ranks; that Kosovo is liberated after the ond, we can attempt to stay in Kosovo our enlisted, our non-commissioned of- mighty efforts of the U.S. led NATO co- until we can somehow transform en- ficers, officers and commanders. alition. Well, as described by James trenched and long standing political Mr. President, when doing that and Warren of the Chicago Tribune, it is a and ethnic culture and teach the values when making remarks and observa- of diversity and religious toleration. liberated total mess. tions before many military groups; ac- He quotes British academic and This is on small task and in my view, tive duty, reserve and guard units, I al- international relations analyst Tim- It may not sustainable over the long ways acknowledge those in the mili- othy Garton Ash, a professor at St. term both in terms of cost, benefit and tary must operate and perform their public opinion. Antony’s College, Oxford, who reviewed duties within the chain of command. Will the American people respond? six books on the conflict with unbiased But, I also ask them for their candor Do they even care? In their book, and honesty. perspective. ‘‘Misreading the Public, the Myth of a And they have provide me and others According to Warren, most Ameri- New Isolationism,’’ Steven Kull and that with spades. cans have forgotten about the war by I.M. Destler of the Brookings Institu- Those in the Navy tell me the Navy now, so they don’t care much about the tion, make the case that the notion cannot or soon will not be able to per- fact the so called winners are totally that public attitudes are typified today form assigned duties with current force unprepared for dealing with peace. Vio- by new isolationism, greater paro- structure. The bottom line is there are lence and chaos reign in Kosovo. The chialism and declining interest in the not enough ships or submarines in the victims and the ‘‘good guys,’’ the world is simply not true. fleet and training and weapons inven- Kosovars have conducted reverse eth- They argue most Americans do not tories are inadequate. nic cleansing under the noses of U.S. believe we should disengage from the Those in the Army tell me the train- and NATO troops. world and support international en- ing and doctrine command is almost We have, in fact, created a new gagement and for the United States to broken and peacekeeping operations Kosovo apartheid. Having failed to stop remain involved but with greater em- are taking their toll on combat readi- the killing, we are proving unable to phasis on cooperative and multilateral ness. win the peace or prevent revenge in- involvement. They also argue that Those in the Air Force repeat what is spired reverse ethnic cleansing. when presented with facts, reasonable common knowledge—pilot retention Moreover, since the Balkan war, goals and alternatives, that public sup- problems are legion. The Air Force is badly fought and with no clear end port can be gained. short about 1,200 pilots today. Stra- game, other nations have increasingly That is the point, Mr. President. We tegic lift in both air and sea is inad- been united in criticizing U.S. clout as have to do a better job. Member of the equate. we wield unparalleled power on the Senate need to participate in the daily The Marines tell this former marine world stage and have reacted with grind of overseeing Administration they have significant problems in the what some refer to as a new arms race. policies, passing judgment, and behav- operation and maintenance of their Since we can be sure there will be ing as a co-equal branch. When a ma- Harrier and helicopter fleet. They tell other calls for intervention in the jority, if a majority can be found, feels me they are meeting their recruiting world, it is incumbent on us to ask a President oversteps constitutional and retention challenges but they are whether a more effective approach ex- barriers or threatens to do so, we working harder and harder to achieve ists. should respond with statutory checks, that goal. President Clinton has, in fact, pro- not floor speeches and sense-of-the- Overall, those in command tell us— claimed to the world, that if a state Senate resolutions. and the figures are plain to see—that sought to wipe out large numbers of in- In this regard Senator CLELAND has operation and maintenance accounts nocent civilians based on their race or done us a favor with his proposal de- have been robbed for eight years to pay religion, the United States should in- rived from the current system for Pres- for ever increasing peace keeping and tervene in their behalf. Stated such, a idential approval and reporting to Con- now peace enforcement missions. public support can be garnered for such gress on covert operations. Senator Spare parts are hard to come by, we a policy. CLELAND has candidly pointed out his are short of weapons both for practice But, as Kosovo has demonstrated, bill does not represent a consensus and combat. Mission capable rates are things are not that simple. As Adam view and his introduction of the legis- consistently down. Recent press re- Wolfson pointed out in his article with- lation is to stimulate further discus- ports state 12 of 20 major Army train- in Commentary magazine; sion. Let the discussion begin. ing centers are rated C–4, the lowest October 3, 2000 CONGRESSIONAL RECORD — SENATE S9779 readiness rating. A Navy Inspector must keep this equipment in repair to main- cup and poured water into it. I de- General Report says Navy fliers are tain readiness. It drains our resources—re- scribed all the missions that the mili- leaving port at a lower stage of readi- sources we should apply to modernization of tary had. Then I described what they ness. The Air Force reports that its the traditional systems and development of had to work with. I said: Keep pouring new systems. readiness rates for warplane squadrons So we stretch out our replacement sched- the water and some water might come continues to decline. ules to ridiculous lengths and reduce the out. In other words, the services can’t Many units are on frequent tem- quantities of new equipment we purchase, carry all the water they were intended porary duty assignments or are de- raising the cost and still durther delaying to carry. Of course, what I didn’t say ployed most of the year on missions modernization. was that I had drilled a hole in the cup. that many believe are of questionable I am very concerned if what I have Of course, some of the water was com- value. When the troops come home, described is even close to factual—and ing out. But it made a good audiovisual their training is shortchanged based on I am afraid it is based upon my own tool. the lack of time available for training conversations with the men and women I thank the distinguished Senator for and lack of resources. Maintenance re- of our military, that we are headed in his help. I didn’t bring one here to- quired for old equipment takes signifi- a very dangerous direction. night. Don’t worry. We are not going to cant time away from other missions, I realize the readiness of our military get anybody wet. from family and it is very costly. has become an issue in the current To be fair, Mr. Bacon stated he be- There is another related problem and presidential campaign. And, it is not lieves our forces are well equipped, challenge, that of morale. There is a my intent to take sides in that debate trained and led. I will acknowledge the growing uneasiness with military men during this policy forum. I might add I ‘‘led’’ part. The point is too much at- and women that their leadership either think in some ways this debate is long tention has been placed on the tip of does not care or is out of touch with overdue. the spear of U.S. military might. their problems. By leadership, I am in- Another way to determine our mili- Mr. Bacon is correct, the Secretary cluding the Congress of the United tary readiness is to ask those in of Defense is correct, and others are correct. I think we all agree that the States. Soldiers, sailors, airmen, ma- charge. And, Senator CLELAND and I, rines tell me they are stressed out and along with members of the Senate tip of the spear is ready. It is tough and dissatisfied and leaving. Armed Services Committee did just it is lethal. But, just as important but not often This has been an anecdotal out- that last week. The joint chiefs of staff discussed is the shaft of the spear. pouring from military commanders in came before the committee. Not with- Range, sustainability, lethality, accu- the field simply fed up with current out some not so subtle advice from on racy and the deterrence capacity of the quality of life and readiness stress. high. spear as a weapon is greatly reduced if Pick up any service, military or de- Prior to the joint chiefs testimony, Administration spokesman Kenneth the shaft is weak or damaged. fense publication or read any story in What comprises the shaft of our mili- Bacon said Defense Secretary Cohen the press and what we have is equal op- tary readiness spear? portunity frustration. told the Chiefs he expected them to Let us try the adequacy of critical A February study by the Center for play straight on the readiness issue, to air and sea lift to sustain the force or Strategic and International Studies give the facts, not to ‘‘beat the drum get the force to the fight in a timely warns us about ‘‘stress on personnel with a tin cup’’ but to talk honestly manner. and families, problems with recruiting about the pressures they face from the Let us try the adequacy of the re- and retention, and for some, declining operations their forces are undergoing. serve of key repair parts and weapons trust and confidence in the military in- Well, Mr. Bacon need not have wor- inventory to sustain the battle. stitution and its leaders.’’ ried. The Chiefs testified and shot pret- Let us talk about the effectiveness Half of the respondents in the survey ty straight. On an annual basis the Ma- and adequacy of training time and said their unit did not have high mo- rines said they needed approximately funding. rale and two thirds said stress was a $1.5 billion to be the fully modernized We should mention the impact of problem. A recent Army study at Fort 911 force in readiness we expect of quality of life from pay to health care Leavenworth, the intellectual center of them. The Air Force told us they need- to housing on the warrior’s willing- the Army, located in my homes state ed $20 to $30 billion, the Navy some $17 ness—and they are warriors—to com- of Kansas, warned the number of lieu- billion and the Army $10 billion. That mit to a career in the military. tenants and captains leaving the Army totaled up to somewhere between $48 to We should mention the impact of the is now over 60% compared to 48% a dec- $60 billion more the Chiefs feel each significant operational tempo of the ade ago. service needs to perform its mission. military and the impact that has on In a survey taken at Fort Benning, Those figures, by the way, compare the total military spear. outgoing captains complained they with a recent estimate by the Congres- We should also mention the effect of were disillusioned with the Army mis- sional Budget Office regarding the cost mission quality and duration on readi- sion and lifestyle, struggling to main- the CBO deems necessary to enable the ness to fight and win the nation’s wars; tain a functional family life. The services to meet their mission obliga- and American soldier has gone from a tions. The services’ preparation for the fu- homeland protector of vital national Lord knows what the Chiefs would ture, joint battlefield in an environ- interests to nomadic peace keeper. His have requested if they had beat the ment where asymmetric warfare will weapons, on the cutting edge, some drum with a tin cup. And, I must admit be the norm and the battlefield may be complain are beginning to rust. I am disappointed by the suggestion in in an urban environment. During this time there has been quite Mr. Bacon’s warning that the chiefs I do not mean to pick on Mr. Bacon, a transition period Mr. President. would ever provide anything but their notwithstanding his comments, the Stretching from the Reagan, Bush, and honest testimony before the Congress, primary purpose of our military as de- Clinton administrations, military per- after all each of the Chiefs swore to fined from Clausewitz to Colin Powell sonnel levels declined by 40 percent, provide their honest, candid assess- is the readiness of the force to carry spending dropped 35 percent and mean- ment during their nomination hear- out the National Strategy. I have grave while the number of U.S. forces sta- ings. concerns that if we look behind the tip tioned abroad increased and remains I always assume they do just that. of the spear of U.S. military readiness, high. With all of the pressures of the cur- our forces are not ready. And, if that is Under Secretary for Defense for Ac- rent political season, perhaps Mr. Ba- banging on our readiness capability quisition and Technology, Jacques con’s concern was understandable, with a tin cup, so be it. Gansler recently stated: after all he is a spokesman. The point is that we in the Congress We are trapped in a death spiral. The re- I brought a tin cup to the hearings have the obligation and responsibility quirement to maintain our aging equipment last week. The distinguished acting to provide the resources our Armed is costing us more each year in repair costs, Presiding Officer looked with some Forces need to protect our vital na- down time and maintenance tempo. But, we shock and amazement as I had a tin tional interests. S9780 CONGRESSIONAL RECORD — SENATE October 3, 2000 There is the real debate that should process for a number of years as we in progress, we believe it is only fair to take place. Our former NATO allied have discussed American foreign policy provide the Senate—which has in- commander, Wes Clark recently asked issues, a special thanks goes to him. A dulged us with many hours of floor the real pertinent question. How special thanks also to Tricia Heller of time to pursue this project—and to should the armed services be used? If my staff, and Andy Vanlandingham; those who have followed our efforts readiness is a priority, what is it we they have been invaluable in helping with interest and encouragement to should be ready for? General Clark said me form some of my conclusions about lay out the lessons we have learned and it’s high time we had this debate and America’s global role in the world. some general principles which we be- settled the issue. I thank very much my dear friend lieve should guide our national secu- While I am not sure we will ever set- from Kansas. It is an honor to be with rity policies in the years ahead. tle the issue, it is time for the debate him, continuing our dialog on Amer- At this point, I yield again to my and I have a suggestion, I even have a ica’s role in the world in the 21st cen- partner in these dialogues, Senator road map. tury, particularly in terms of military PAT ROBERTS of Kansas, but first I The Senator from Georgia has during commitments, our footprint around the want to thank him for all of his help in our past dialogues referred to the Com- world, so to speak, and its rationale. It this undertaking. His experience, his mission on America’s National Inter- is a pleasure to stand shoulder to good humor and his wisdom have made ests and the Commission’s valuable shoulder with him in a bipartisan way, our dialogues both instructive and ex- 1996 report. As a matter of fact, we to see if we can’t find a consensus that tremely enjoyable. I yield to Senator have both referred to this report and might lead us well into the 21st cen- ROBERTS. we found it most helpful. tury in terms of our foreign policy. Mr. ROBERTS. Mr. President, with The good news is that the commis- Mr. President, when Senator ROB- all those accolades, the Senator missed sion has updated its findings for the ERTS and I embarked on this series of one—I had one other line in there. year 2000. I have it in my hand. It has Global Role Dialogues back in Feb- I commend my good friend for his set forth a clear and easy-to-under- ruary, we set as our goal the initiation commonsense approach to our coun- stand list of recommendations that at of a serious debate in this great insti- try’s future. I thank him. I applaud least in part can answer the question tution of the United States Senate on him for his leadership. He has begun posed by General Clark and many oth- the proper role of our country in the what I think is a trail-blazing initia- ers: ‘‘Ready for what?’’ post-cold war world. We both believed— tive. This has been, as he has indicated, Senator CLELAND referred to this and continue to believe—that such a a year-long bipartisan foreign policy challenge during his testimony with process is absolutely necessary if we dialog endeavor. We thank staff and the Joint Chiefs last week. He pointed are to arrive at the bipartisan con- various folks on the floor for their pa- out, as I have tried to do in some re- sensus on national security policy tience. I learned a great deal from the spects, America is adrift, spending a which our Nation so badly needs, but distinguished Senator from Georgia. He great deal of time in what may be im- has been lacking since the fall of the said he learned from me. I learned from portant interests we all agree with but Soviet Union. While the vagaries of him. ignoring matters of vital national in- Senators’ schedules have unfortunately As the Senator mentioned, we would terest. limited somewhat our ability to in- now like to present our lessons learned The authors have summarized the na- volve more Senators in this process, I from our year-long dialogs, these dia- tional interest by saying that we have want to thank Senators HUTCHISON, logs that we began because we both felt vital national interests: We have ex- HAGEL, LUGAR and LEVIN who all made our foreign policy agenda had run tremely important, we have important, important contributions to these dis- aground. We wanted to start a series of and less important or secondary inter- cussions. Senator ROBERTS and I will these dialogs, these debates or col- ests. be exploring ways in which we can loquys, in order to arrive at a con- My dear friend knows we are spend- broaden this dialogue in the next Con- sensus concerning the future of our Na- ing an awful lot of time on important gress. tion’s foreign and defense policies. issues and less important or secondary When we began our discussions we We condensed our five dialogs into issues—as far as I am concerned, not also indicated that we had far more seven foreign policy principles. These enough time with extremely important questions than definitive answers. And principles are not only a compilation and vital. while we cannot claim to have found of our dialogs, but also a summary of I commend this report to the atten- any magic solutions or panaceas for the lessons learned from the various tion of my colleagues and all interested the challenges facing the United States discussions with colleagues, as the Sen- parties. The commission has identified on the global scene as we approach the ator has indicated, foreign policy six cardinal challenges for our next end of the Twentieth Century, I believe elites, from academia and the govern- President and the next Congress more I can speak for Senator ROBERTS when ment, and from several consultations along the lines of the principles that I say that we believe we have learned with many military leaders. These we have agreed to and we will rec- much from the writings and state- seven foreign policy principles are sim- ommended in just a moment. ments of many, many others, in this ple. They are realistic. They are sus- I ask unanimous consent the execu- country and abroad, who have thought- tainable. We believe they would sup- tive summary from the report by the fully considered these questions we port and secure our national interests. Commission on America’s National In- have been examining. We strongly believe the following prin- terests, which is much shorter than the We have drawn heavily on the work ciples are a step in the right direction. book, be printed in the RECORD fol- of such entities as the Commission on We urge the next administration of lowing the conclusion of our remarks. America’s National Interests—on Congress and all of our colleagues in The PRESIDING OFFICER. Without which Senator ROBERTS serves with the Congress to begin the process of objection, it is so ordered. distinction—, the U.S. Commission on trying to articulate a coherent na- (See Exhibit 1.) National Security/21st Century, and tional security strategy. Mr. ROBERTS. I yield to my distin- the ODC’s America’s National Interests I again yield to the Senator from guished friend. in Multilateral Engagement: A Bipar- Georgia. Mr. CLELAND. I thank Senator ROB- tisan Dialogue. We have consulted the Mr. CLELAND. Mr. President, these ERTS for that wonderful presentation. work of a large number of academics, are not the ‘‘seven deadly sins,’’ but I We have reached several conclusions and governmental, military and opin- think in many ways it is a sin if we in this year-long dialog regarding ion leaders from around the world. violate these basic fundamental lessons America’s global role. Before I get to And, for myself, I have certainly that we have learned. some of the conclusions, may I say a learned a great deal from my friend First and foremost, we believe as a special thank-you to my key staff and colleague, the distinguished Sen- nation—including government, media, members. Mr. Bill Johnstone, who has ator from Kansas. academia, personalities, and other been the absolute force behind my re- While what we are about to say is far leaders—we need to engage in a serious marks and has helped my thought from complete and very much a work and sustained national dialog to do October 3, 2000 CONGRESSIONAL RECORD — SENATE S9781 several things: First, define our na- ported by the American public, as de- ical objectives; determine whether non- tional interests and differentiate the tailed in ‘‘The Foreign Policy Gap: military means will be effective, and if level of interest involved, spell out How Policymakers Misread the Public’’ so, try them prior to any recourse to what we should be prepared to do in de- from the University of Maryland’s Cen- military force. We should remember fense of those interests; second, build a ter for International and Security the quote from General Shelton: bipartisan consensus in support of the Studies. The military is the hammer in our foreign resulting set of interests and policies. These include: policy toolbox but not every problem is a As a starting point, within the Sen- Armed Forces—which need to be re- nail. ate, we would encourage the Foreign formed to meet the requirements of the We should ascertain whether mili- Relations Committee and our own 21st Century; tary means can achieve the political Armed Services Committee upon which Diplomatic Forces; objectives. we both sit to hold hearings on the fin- Foreign Assistance; We should determine whether the ished products of the Commission on United Nations Peacekeeping Oper- benefits outweigh the costs (political, America’s National Interests, the U.S. ations—which also need to be reformed financial, military), and that we are Commission on National Security/21st to become much more effective; prepared to bear those costs. Century and other relevant consider- Key Regional Organizations—includ- We should determine the ‘‘last step’’ ations of these critical topics. ing NATO, the Organization of Amer- we are prepared to take if necessary to I yield to the Senator from Kansas. ican States, the Organization for Afri- achieve the objectives. Mr. ROBERTS. Here is principle No. can Unity and the Association of South I wonder what that last step would 2 that the distinguished Senator and I East Asian Nations. be. It is one thing to have a cause to have agreed upon. I again yield to Senator ROBERTS. fight for. It is another thing to have a The President and the Congress need Mr. ROBERTS. Let’s try principle cause that you are willing to die for. In to, first, find more and better ways to No. 4. We are the only global super- too many cases today, it doesn’t seem increase communications with the power, and in order to avoid stimu- to me that we have the willingness to American public. We both have talked lating the creation of a hostile coali- enter into a cause in which we are about this at length in our previous tion of other nations, the United ready to die but it seems to me we are discussion with the American public on States should, and can afford to, forego sure willing to risk the lives of others the realities of our international inter- unilateralist actions, except where our in regards to limited policy objectives. ests and the costs of securing them. vital national interests are involved. That’s not part of the principle. That’s I could go into a long speech on how The U.S. should pay international just an observation in regard to the I tried to convince the Kansas wheat debt. last step recommendation. farmer that first he must have secu- The U.S. must continue to respect We should insist that we have a rity, then he must have stability, then and honor international commitments clear, concise exit strategy, including he must have an economic future, then and not abdicate our global role leader- sufficient consideration of the subse- he may get $4 wheat at the country ele- ship. quent role of the United States, re- vator, but it all starts with security. Finally, the U.S. must avoid unilat- gional parties, international organiza- Second, it finds more and better ways eral economic and trade sanctions. tions and other entities in securing the to increase the exchange of ideas and Unilateral sanctions simply don’t work long-term success of the mission— experiences between government and as a foreign policy tool. They put Kosovo is a great example. the military to avoid the broadening American businesses, workers, and Finally, insist on Congressional ap- lack of military experience in the po- farmers at a huge competitive dis- proval of all deployments other than litical elite. We must find more and advantage. The U.S. needs to take a those involving responses to emergency better ways of ensuring that both the harder look at alternatives, such as situations. executive and legislative branches ful- multilateral pressure and more effec- The Senator referred to the amend- fill their constitutional responsibilities tive U.S. diplomacy. ment introduced by the distinguished in national security policy concerning I yield to the distinguished Senator chairman of the Armed Services Com- military operations other than de- from Georgia. mittee, Senator WARNER, and that of clared war. Mr. CLELAND. Fifth, with respect to Senator BYRD. I voted for that. I do not And, as a result of our second prin- multilateral organizations, the United think it was an abdication of our re- ciple, Senator CLELAND sponsored the States should: sponsibilities. bill of which I was proud to cosponsor, More carefully consider NATO’s new Again, those of us in Congress, the S. 2851, requiring the President to re- Strategic Concept, and the future di- majority, should approve all deploy- port on certain information before de- rection of this, our most important ments other than those involving re- ployments of armed forces. This bill international commitment; Press for sponses to emergency situations. basically requires the President to re- reform of the UN’s and Security Coun- I yield to the Senator. port information of overt operations cil’s peacekeeping operations and deci- Mr. CLELAND. Beautifully said. I very similar to the law requiring the sionmaking processes; Fully support could not have said it better, nor con- President to report certain information efforts to strengthen the capabilities of cur more. prior to covert operations. It makes regional organizations including the Finally, the United States can, and sense to me. I yield to the Senator European Union, the Organization of must, continue to exercise inter- from Georgia. American States, the Organization for national leadership, while following a Mr. CLELAND. Third, the President African Unity, and the Association of policy of realistic restraint in the use and the Congress need to urgently ad- Southeast Asian Nations—to deal with of military forces in particular, by: dress the mismatch between our for- threats to regional security; and Pursuing policies that promote a eign policy ends and means, and be- Promote a thorough debate, at the strong and growing economy, which is tween commitments and forces by: UN and elsewhere, on proposed stand- the essential underpinning of any na- Determining the most appropriate in- ards for interventions within sovereign tion’s strength; maintaining superior, strument—diplomatic, military, or states. ready and mobile armed forces, capable other—for securing policy objectives; I yield to the distinguished Senator of rapidly responding to threats to our Reviewing carefully current Amer- from Kansas. national interests; strengthening the ican commitments—especially those Mr. ROBERTS. Principle No. 6: In non-military tools discussed above for involving troop deployments—includ- the post-cold-war world, the U.S. securing our national interests; and ing the clarity of objectives, and the should adopt a policy of realistic re- making a long-term commitment to presence of an exit strategy; and straint with respect to the use of U.S. promoting democracy abroad via a Increasing the relatively small military force in situations other than comprehensive, sustained program amount of resources devoted to the key those involving the defense of vital na- which makes a realistic assessment of instruments for securing our national tional interests. In all other situations, the capabilities of such a program as interests—all of which can be sup- we must: Insist on well-defined polit- described by Thomas Carothers in his S9782 CONGRESSIONAL RECORD — SENATE October 3, 2000 excellent primer on ‘‘Aiding Democ- pire. With these extraordinary advantages, American national interests are vital, which racy Abroad: The Learning Curve’’. America today is uniquely positioned to are extremely important, and which are just I hope it is very clear that Senator shape the international system to promote important. Readers will note a sharp con- international peace and prosperity for dec- trast between the expansive, vague asser- ROBERTS and I are not advocating a re- ades or even generations to come. tions about vital interests in most discussion treat from America’s global leadership America adrift.—Great power implies great today, and the Commission’s sparse list. role, and are not advocating a new responsibility. But in the wake of the Cold While others have claimed that America has form of isolationism. We both believe War, the U.S. has lost focus. After four dec- vital interests from the Balkans and the Bal- our country has substantial and ines- ades of unprecedented single-mindedness in tics to pandemics and Taiwan, the Commis- capable self-interests which necessitate containing Soviet Communist expansion, the sion identifies only five vital U.S. national our leadership. However, when it comes United States has seen a decade of ad hoc interests today. These are (1) to prevent, fits and starts. A defining feature of Amer- deter, and reduce the threat of nuclear, bio- to the way we exercise that leadership, ican engagement in recent years has been especially when it involves military logical, and chemical weapons attacks on the confusion. The reasons why are not difficult United States or its military forces abroad; force, we do believe that our national to identify. From 1945 to 1989, containment (2) to ensure U.S. allies’ survival and their interests sometimes require that we of expansionist Soviet communism provided active cooperation with the U.S. in shaping use restraint. The alternatives—wheth- the fixed point for the compass of American an international system in which we can er a unilateralism which imposes di- engagement in the world. It concentrated thrive; (3) to prevent the emergence of hos- rect resource costs far beyond what the minds in a deadly competition with the So- tile major powers or failed states on U.S. viet Union in every region of the world; mo- Congress or the American people have borders; (4) to ensure the viability and sta- tivated and sustained the build-up of large, bility of major global systems (trade, finan- shown a willingness to finance or an standing military forces and nuclear arse- isolationism which would fail to secure cial markets, supplies of energy, and the en- nals with tens of thousands of weapons; and vironment); and (5) to establish productive our national interests in this increas- precluded the development of truly global relations, consistent with American national ingly interconnected world—are, in our systems and the possibility of cooperation to interests, with nations that could become judgment, unacceptable. address global challenges from trade to envi- strategic adversaries, China and Russia. Over the course of these dialogues, ronmental degradation. In 1989 the Cold War Challenges for the decade ahead.—Develop- ended in a stunning, almost unimaginable Senator ROBERTS and I have both ments around the world pose threats to U.S. victory that erased this fixed point from the turned to the following words from the interests and present opportunities for ad- globe. Most of the coordinates by which vancing Americans’ well-being. Because the editor of the publication National In- Americans gained their bearings in the world terest, Owen Harries: United States is so predominant in the eco- have now been consigned to history’s nomic, technical, and military realms, many I advocate restraint because every domi- dustbin: the Berlin Wall, a divided Germany, politicians and pundits fall victim to a rhet- nant power in the last four centuries that the Iron Curtain, captive nations of the War- oric of illusion. They imagine that as the has not practiced it—that has been exces- saw Pact, communism on the march, and, fi- sole superpower, the U.S. can simply in- sively intrusive and demanding—has ulti- nally, the Soviet Union. Absent a compelling struct other nations to do this or stop that mately been confronted by a hostile coali- cause and understandable coordinates, Amer- and expect them to do it. But consider how tion of other powers. Americans may believe ica remains a superpower adrift. many American presidents have come and Opportunities missed and threats emerg- that their country, being exceptional, need gone since President Kennedy consigned ing.—Because of the absence of coherent, have no worries in this respect. I do not Fidel Castro to the dustbin of history. Stu- consistent, purposive U.S. leadership in the agree. It is not what Americans think of the dents of history will recognize a story-line in years since the Cold War, the U.S. is missing United States but what others think of it which a powerful state emerges (even if acci- one-time-only opportunities to advance that will decide the matter. dentally), engenders resentment (even when American interests and values. Fitful en- On his desk at the Pentagon when he it acts benevolently), succumbs to the arro- gagement actually invites the emergence of gance of power, and thus provokes new was Chairman of the Joint Chiefs of new threats, from nuclear weapons-usable threats, from individual acts of terrorism to Staff, Colin Powell kept a quote from material unaccounted for in Russia and as- hostile coalitions of states. Because Amer- the great Athenian historian sertive Chinese risk-taking, to the prolifera- ica’s resources are limited, U.S. foreign pol- Thucydides: tion of weapons of mass destruction (WMD) icy must be selective in choosing which and the unexpectedly rapid emergence of bal- Of all manifestations of power, restraint issues to address seriously. The proper basis impresses men most. listic missile threats. The foundation for sustainable American for making such judgments is a lean, hier- With great thanks to my distin- foreign policy.—The only sound foundation archical conception of what American na- guished colleague, Senator ROBERTS, for a sustainable American foreign policy is tional interests are and what they are not. and to the Senate, I conclude these dia- a clear sense of America’s national interests. Media attention to foreign affairs reflects logs on the global role of the United Only a foreign policy grounded in America’s access to vivid, compelling images on a screen, without much consideration of the States. I yield the floor. national interests can identify priorities for American engagement in the world. Only importance of the U.S. interest threatened. EXHIBIT 1 such a policy will allow America’s leaders to Graphic international problems like Bosnia COMMISSION ON AMERICA’S NATIONAL explain persuasively how and why American or Kosovo make consuming claims on Amer- INTERESTS—EXECUTIVE SUMMARY citizens should support expenditures of ican foreign policy to the neglect of issues of This report of the Commission on Amer- American treasure or blood. greater importance, like the rise of Chinese ica’s National Interests focuses on one core The hierarchy of American national inter- power, the unprecedented risks of nuclear issue: what are U.S. national interests ests.—Clarity about American national in- proliferation, the opportunity to increase today? The U.S. enters a new century as the terests demands that the current generation the openness of the international trading world’s most powerful nation, but too often of American leaders think harder about and financial systems, or the future of Mex- seems uncertain of its direction. We hope to international affairs than they have ever ico. encourage serious debate about what must been required to do. During the Cold War we Based on its assessment of specific threats become an essential foundation for a suc- had clearer, simpler answers to questions to and opportunities for U.S. national inter- cessful American foreign policy: America’s about American national interests. Today we ests in the final years of the century, the interests. We have sought to identify the must confront again the central questions: Commission has identified six cardinal chal- central questions about American interests. Which regions and issues should Americans lenges for the next U.S. president: Presuming no monopoly of wisdom, we nev- care about—for example, Bosnia, Rwanda, Strengthen strategic partnerships with ertheless state our own best answers to these Russia, Mexico, Africa, East Asia, or the Japan and the European allies despite the questions as clearly and precisely as we Persian Gulf? Which issues matter most—for absence of an overwhelming, immediate can—not abstractly or diplomatically. Clear example, opening markets for trade, invest- threat; assertions that some interests are more im- ment opportunities, weapons of mass de- Facilitate China’s entry onto the world portant than others will unavoidably give of- struction (WMD), international crime and stage without disruption; fense. We persist—with apologies—since our drugs, the environment, or human rights? Prevent loss of control of nuclear weapons aim is to catalyze debate about the most im- Why should Americans care? How much and nuclear weapons-usable materials, and portant U.S. national interests. Our six prin- should citizens be prepared to pay to address contain the proliferation of biological and cipal conclusions are these: these threats or seize these opportunities? chemical weapons; America advantaged.—Today the U.S. has The Commission has identified a hierarchy Prevent Russia’s reversion to greater power and fewer adversaries than of U.S. national interests: ‘‘vital interests,’’ authoritarianism or disintegration into ever before in American history. Relative to ‘‘extremely important interests,’’ ‘‘impor- chaos; any potential competitor, the U.S. is more tant interests,’’ and ‘‘less important or sec- Maintain the United States’ singular lead- powerful, more wealthy, and more influen- ondary interests.’’ This Report states our ership, military, and intelligence capabili- tial than any nation since the Roman em- own best judgment about which specific ties, and its international credibility; and October 3, 2000 CONGRESSIONAL RECORD — SENATE S9783 Marshal unprecedented economic, techno- hance the well-being of Americans in a free veto in the Security Council. We have logical, military, and political advantages to and secure nation. to be prepared to take care of our own shape a twenty-first century global system Important U.S. national interests are to: interests. I thank my colleagues for that promotes freedom, peace, and pros- 1. Discourage massive human rights viola- the dialog. perity for Americans, our allies, and the tions in foreign countries; world. 2. Promote pluralism, freedom, and democ- f For each of these challenges, and others, racy in strategically important states as ENERGY our stated hierarchy of U.S. national inter- much as is feasible without destabilization; ests provides coordinates by which to navi- 3. Prevent and, if possible at low cost, end Mr. SESSIONS. Mr. President, en- gate the uncertain, fast-changing inter- conflicts in strategically less significant geo- ergy prices are going up; gasoline national terrain in the decade ahead. graphic regions; prices are up. I doubt there are many SUMMARY OF U.S. NATIONAL INTERESTS 4. Protect the lives and well-being of Amer- families who do not spend $60 a month ican citizens who are targeted or taken hos- Vital on gasoline. Those who commute, those tage by terrorist organizations; who have children with vehicles, a hus- Vital national interests are conditions 5. Reduce the economic gap between rich band and wife working may have two that are strictly necessary to safeguard and and poor nations; enhance Americans’ survival and well-being 6. Prevent the nationalization of U.S.- or three vehicles per family and not be in a free and secure nation. owned assets abroad; wealthy. They may be paying $100 a Vital U.S. national interests are to: 7. Boost the domestic output of key stra- month or more for gasoline. If they 1. Prevent, deter, and reduce the threat of tegic industries and sectors; were paying $60 a month for gasoline 18 nuclear, biological, and chemical weapons 8. Maintain an edge in the international months ago, they are now paying over attacks on the United States or its military distribution of information to ensure that $90 a month. If they were paying $100 a forces abroad; American values continue to positively in- month last year, they are probably 2. Ensure U.S. allies’ survival and their ac- fluence the cultures of foreign nations; paying over $150 a month this year. tive cooperation with the U.S. in shaping an 9. Promote international environmental That is $50 a month or $30 a month, international system in which we can thrive; policies consistent with long-term ecological perhaps more in some families, with- 3. Prevent the emergence of hostile major requirements; and powers or failed states on U.S. borders; 10. Maximize U.S.-GNP growth from inter- drawn from the usable income of that 4. Ensure the viability and stability of national trade and investment. family, money with which they no major global systems (trade, financial mar- Instrumentally, the important U.S. na- longer can buy shoes, a new set of tires kets, supplies of energy, and the environ- tional interests are to maintain a strong UN for their car, to go on a vacation with ment); and and other regional and functional coopera- their children, take the kids to a ball 5. Establish productive relations, con- tive mechanisms. game, buy shoes for them to play soc- sistent with American national interests, Less Important or Secondary cer or basketball, baseball, or volley with nations that could become strategic ad- versaries, China and Russia. Less important or secondary national in- ball. That is $50 a month extra of Instrumentally, these vital interests will terests are not unimportant. They are im- aftertax money that American citizens be enhanced and protected by promoting sin- portant and desirable conditions, but ones had 15, 18 months ago and no longer gular U.S. leadership, military and intel- that have little direct impact on the ability have today. That is because the price ligence capabilities, credibility (including a of the U.S. government to safeguard and en- of energy has gone up. reputation for adherence to clear U.S. com- hance the well-being of Americans in a free In addition, businesses are facing mitments and even-handedness in dealing and secure nation. those same increases. I traveled a cou- with other states), and strengthening crit- Less important or secondary U.S. national interests include: ple of months ago with a full-time ical international institutions—particularly truck driver and his wife. I traveled the U.S. alliance system around the world. 1. Balancing bilateral trade deficits; 2. Enlarging democracy everywhere for its from north of Birmingham to Clanton Extremely Important own sake; to Montgomery and discussed with Extremely important national interests 3. Preserving the territorial integrity or them the problems they are facing. are conditions that, if compromised, would particular political constitution of other They are paying up to $800 to $1,000 a severely prejudice but not strictly imperil states everywhere; and month extra to operate their truck. the ability of the U.S. government to safe- 4. Enhancing exports of specific economic They try to pass it on, which increases guard and enhance the well-being of Ameri- sectors. the costs down the road, but they are cans in a free and secure nation. The PRESIDING OFFICER. The dis- Extremely important U.S. national inter- not able to pass it all on and it is re- ests are to: tinguished Senator from Alabama is ducing their standard of living. They 1. Prevent, deter, and reduce the threat of recognized. have, in fact, less money with which to the use of nuclear, biological, or chemical Mr. SESSIONS. Mr. President, I have go to the store and buy products. weapons anywhere; been fascinated and informed by the What does that ultimately mean? It 2. Prevent the regional proliferation of colloquy that has been ongoing be- means there are going to be fewer WMD and delivery systems; tween the Senator from Kansas and the widgets bought, there are going to be 3. Promote the acceptance of international Senator from Georgia. I have been hon- fewer shoes bought, there are going to rules of law and mechanisms for resolving or ored to serve on the Armed Services managing disputes peacefully; be fewer new cars bought, fewer new 4. Prevent the emergence of a regional Committee with the two of them. I houses bought and many other things hegemon in important regions, especially know they take these issues seriously, we would like to purchase. We will not the Persian Gulf; and it is, indeed, appropriate we begin be able to purchase those items be- 5. Promote the well-being of U.S. allies and to think through clearly what the role cause OPEC, through its price-gouging friends and protect them from external ag- of the United States is and what the cartel, has fixed the oil and gas prices gression; role of Congress is in establishing U.S. and driven them up to an extraor- 6. Promote democracy, prosperity, and sta- policy. bility in the Western Hemisphere; dinary degree. As a result, it is hurting 7. Prevent, manage, and, if possible at rea- I thank them for those observations. us. We know this. We know the econ- sonable cost, end major conflicts in impor- They are very valuable. I agree with omy appears to have some slowing. We tant geographic regions; them that we need to involve the know that profit margins across the 8. Maintain a lead in key military-related American people in this. The great board have been shrinking signifi- and other strategic technologies, particu- American experiment that has guided cantly, and we know that higher en- larly information systems; us so far has allowed the people to rule. ergy costs are a big reason for that. 9. Prevent massive, uncontrolled immigra- We do not need to do it under the table I say that because we are talking tion across U.S. borders; without full and open debate. 10. Suppress terrorism (especially state- about some very big issues. If you do sponsored terrorism), transnational crime, I strongly believe we must not as a not have money to purchase, let’s say and drug trafficking; and nation abdicate our ability to act uni- you purchase 8 things this month in- 11. Prevent genocide. laterally when our national interest is stead of what you would normally pur- Important at stake, or else why have we invested chase, 10, there is somebody who would Important national interests are condi- so greatly to establish this magnificent have made those other 2 items, some- tions that, if compromised, would have military? We cannot rely on a majority body who would have sold those other 2 major negative consequences for the ability vote of the U.N. We cannot rely on the items; they may not be able to con- of the U.S. government to safeguard and en- fact that we may override or avoid a tinue to do that. What does that do to S9784 CONGRESSIONAL RECORD — SENATE October 3, 2000 the producing business? It puts stress can easily store in the Nevada desert. where the revenue comes to Wash- on them. It can cool off this robust Oh, no, President Clinton and Vice ington so it at least can be spent in the economy with which we have been President GORE vetoed the ability for United States, it is, in effect, a 50-, 60- blessed for quite a number of years. us to store that waste in the Nevada cent tax that goes to Saudi Arabia, Kofi Annan, the Secretary General of desert, therefore, helping shut down Venezuela, and the Middle East. The the U.N., wrote an editorial recently our nuclear energy. We have not OPEC cartel gets our tax. They are which I was pleased to read. He pointed brought on a nuclear plant in over 20 taxing our wealth and sending it out how it hurts poor nations more years in this country. abroad. than wealthy nations, but it hurts We are denying ourselves that capac- This has the capacity to kill the eco- wealthy nations, too. Wealthy nations ity to produce energy. There are huge nomic growth this Nation has been ex- are hurt when poor nations do not have reserves of natural gas in the Rocky periencing. It has the capacity to drain money to buy products from us. We sell Mountain areas. Natural gas is the our wealth to the degree that this all over the world. Whatever cools off cleanest burning of all our fossil fuels. economy could slow down. It could the entire world economy cools off the All our electric-generating plants even go into recession because we have American economy and jeopardizes today are natural gas plants. We are done nothing to deal with it. We have jobs. hitting a crisis in the production of done nothing. The only thing, in the What caused us to come to this natural gas. They refuse to allow those long run, that we can do is to make point? I say with confidence that it is Federal lands in the Rocky Mountain sure we produce what we have. the Clinton-Gore policies, primarily areas, almost all of it owned by the We have virtually unlimited reserves Vice President AL GORE’s energy poli- Federal Government, to produce nat- of natural gas and oil in the United cies, that have been involved here. The ural gas, which isn’t a dangerous fuel States—certainly for decades to come. simple fact is that those policies are to produce. It doesn’t pour oil all out There are myths that we do not have driven by and motivated at the deepest on the ground; it is an evaporative gas. enough. We have large reserves. We level by his adoption of a radical, no- It is safe to produce. Certainly we should have been producing those more growth agenda that is playing in his could do that. effectively. But the policies of this ad- book. He set it out some years ago. They are opposed to drilling offshore. ministration have been to reduce our People are astounded when they read In fact, Vice President GORE, during production. that book because he is deeply reveal- his campaigning in New Hampshire, And as night follows day, the price is ing of a philosophy that we ought to promised not only to not approve any going to go up. It threatens not only reduce spending on energy and that additional offshore drilling of natural the pocketbook of a mother who is try- will somehow drive up costs and we gas but to consider rolling back exist- ing to now get by—she was paying $100 will use less oil, less gas, we will ride ing leases that have already been a month for the family’s gasoline; now bicycles and use solar cells, and that is issued. she is paying $150 a month for the fam- how we are going to meet our national How are we going to meet our energy ily’s gasoline. She cannot buy things at energy policy. needs for natural gas if we cannot the store she used to buy. And the pro- The trouble is that solar cells cost 4, produce it? There are many other areas ducers of those products are now going 5, 10 times as much as fossil fuels do to where, through regulation, we basi- to have to lay off workers because peo- produce energy. Who is going to pay for cally shut off coal as a viable option ple are not buying those products at that? Working Americans are going to for expanding our energy needs. In fact, the rate they were previously buying pay for that while some elite people even though we are much more effi- them. think it is a cool idea and for which cient than we have ever been with elec- This is not an itty-bitty issue. This is they are not paying the price. They can tric energy, we need more. The projec- a tremendous issue for our country. I afford to pay it perhaps. We are into tions are that we will have a substan- hope it will be discussed tonight in the that mood now. This radical agenda is tial increase in demand even though we debate. I hope it will be made a part of demonstrated by the policies that have are improving our efficiency steadily. this campaign. I believe, with an abso- been carried out systematically since So that is the problem we are facing. lute conviction, that if we allow these this administration took office. The problem is that when OPEC real- international greedy producing nations It has been steady, and it has been ized our demand was increasing, and to jerk us around, to take money from regular. They have not said our policy the world demand was increasing, and the average mother and father and is to raise prices. They are too clever our own domestic production was de- working American when they go to the for that. They are not going to allow creasing 14 percent, while demand was gas pump, having their money sent to that spin to get about. What have they going up 18 to 20 percent, they were those nations, they can hurt us badly. done against the consistent opposition able to reduce production, force the It hurts a lot of people. of Members in this body who have price up to exorbitant levels, and make I pumped gas a few months ago and warned over and over that reducing themselves rich. In fact, it was a polit- washed people’s windshields. I talked production of American fuels was going ical decision by governmental leaders to them about the costs they were fac- to lead us to a crisis? What have they to force up the price. It was not even a ing. I talked to a young lady in her done? They have opposed drilling in the free market decision. It was a political early twenties. She was going to col- ANWR region of Alaska which has huge decision by the leaders of these oil-pro- lege 3 days a week. The college she at- reserves equal to 30 years of the pro- ducing nations because of our failure to tended was 30 miles up the road. She duction in Saudi Arabia. This one little produce energy and because we have talked about how much her gas bill area amounts to the size of Dulles Air- become dependent on their oil. So they was. She was trying to save money for port. It is a very small area with huge have been able to demand what they tuition. Her car was not a new car. She reserves. They vetoed legislation that want to in price. Our politicians lost to said she would like to have a new car, would have allowed us to produce oil their politicians. Their politicians beat but she could not afford it. That extra and gas to help meet our needs. Over our politicians. cost was coming out of her pocket. vigorous debate in this Senate and a And who is paying the price? The This is a real issue. It hurts our fami- strong majority vote, it was vetoed by American citizen, when he goes to the lies. They have less money in their the Clinton-Gore administration. gas pump, when he buys his heating pocket and in the family budget be- What else? They steadfastly oppose oil, when he goes and buys a product. It cause it has to be spent on gasoline. It nuclear power. France has gone from 60 is more expensive today to buy that is hurting businesses. Their profits are percent of their power nuclear to 80 product than it was before because of down. Home building is down. percent. Industrialized nations realize increased gasoline prices in the whole What will happen in the future? I it is the cleanest, safest of all sources production system. That is what has don’t know. But if we do not get in this of energy with unlimited capacity to happened. We have been taken to the ballgame, if we do not challenge OPEC produce electricity, with no air pollu- cleaners. To me it is as if we put a tax and figure out a way to break that car- tion—virtually no air pollution, and on the gasoline, but instead of taxing tel, and if we do not increase our own only a small amount of waste that we gasoline 50, 60 cents a gallon extra production of energy, we will have October 3, 2000 CONGRESSIONAL RECORD — SENATE S9785 what we have had numerous times be- date, the time for the two leaders be NOMINATIONS fore; and that is, a recession driven by reserved for their use later in the day, increased energy costs. What a tragedy and the Senate then resume consider- Executive nominations received by that will be. It should not happen. ation of the conference report to ac- the Senate October 3, 2000: Our projections are and our needs as company H.R. 4578, the Interior appro- DEPARTMENT OF STATE a nation are to continue this pros- priations bill. RICHARD A. MESERVE, OF VIRGINIA, TO BE AN ALTER- perity, to continue the surplus we have The PRESIDING OFFICER. Without NATIVE REPRESENTATIVE OF THE UNITED STATES OF been able to generate in this Govern- objection, it is so ordered. AMERICA TO THE FORTY-FOURTH SESSION OF THE GEN- f ERAL CONFERENCE OF THE INTERNATIONAL ATOMIC EN- ment, and to pay down our debt and to ERGY AGENCY. be able to do some things we wish we PROGRAM could have done before. This is a glo- NATIONAL COMMISSION ON LIBRARIES AND rious time for us. Mr. ROBERTS. Mr. President, for the INFORMATION SCIENCE I believe we have to take strong ac- information of all Senators, the Senate PHILLIP N. BREDESEN, OF TENNESSEE, TO BE A MEM- will immediately resume the Interior BER OF THE NATIONAL COMMISSION ON LIBRARIES AND tion. I have been frustrated that this INFORMATION SCIENCE FOR A TERM EXPIRING JULY 19, appropriations conference report at 9:30 administration remains steadfast in 2005, VICE WALTER ANDERSON, TERM EXPIRED. a.m. tomorrow morning. The Senate blocking, time and again, any step to will remain on the conference report THE JUDICIARY increase our production of energy. And until it is disposed of. It is hoped that MELVIN C. HALL, OF OKLAHOMA, TO BE UNITED that has no more consequence but one: STATES DISTRICT JUDGE FOR THE WESTERN DISTRICT a final vote will occur no later than to- OF OKLAHOMA VICE RALPH G. THOMPSON, RETIRED. When you reduce production, it will morrow afternoon. The Senate could drive up costs. consider any other appropriations con- f I thank the Chair and, again, express ference reports as well as the con- my appreciation for his fine remarks tinuing resolution providing for the on national defense. continued operations of the Federal CONFIRMATIONS Mr. President, I yield the floor. Government until October 14, 2000. f Executive nominations confirmed by f the Senate October 3, 2000: ORDERS FOR WEDNESDAY, RECESS UNTIL 9:30 A.M. THE JUDICIARY OCTOBER 4, 2000 TOMORROW MICHAEL J. REAGAN, OF ILLINOIS, TO BE UNITED Mr. ROBERTS. Mr. President, I ask Mr. ROBERTS. Mr. President, if STATES DISTRICT JUDGE FOR THE SOUTHERN DISTRICT unanimous consent that when the Sen- there is no further business to come be- OF ILLINOIS. SUSAN RITCHIE BOLTON, OF ARIZONA, TO BE UNITED ate completes its business today, it re- fore the Senate, I now ask unanimous STATES DISTRICT JUDGE FOR THE DISTRICT OF ARI- cess until the hour of 9:30 a.m. on consent that the Senate stand in recess ZONA. MARY H. MURGUIA, OF ARIZONA, TO BE UNITED Wednesday, October 4. I further ask under the previous order. STATES DISTRICT JUDGE FOR THE DISTRICT OF ARI- unanimous consent that on Wednesday, There being no objection, the Senate, ZONA. JAMES A. TEILBORG, OF ARIZONA, TO BE UNITED immediately following the prayer, the at 7:49 p.m., recessed until Wednesday, STATES DISTRICT JUDGE FOR THE DISTRICT OF ARI- Journal of proceedings be approved to October 4, 2000, at 9:30 a.m. ZONA. October 3, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E1651 EXTENSIONS OF REMARKS

HONORING ROBERT CROISSANT INTRODUCTION OF THE BUSINESS tions from the public at large, even though phi- METHOD PATENT IMPROVEMENT lanthropy in this country has always depended ACT OF 2000 on organizations making requests for contribu- HON. SCOTT McINNIS tions, whether by phone, in person, or through other means. OF COLORADO HON. RICK BOUCHER OF VIRGINIA It should be said that in these instances, the IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES patent covers the basic concept of the busi- ness method, such as the one click to check- Tuesday, October 3, 2000 Tuesday, October 3, 2000 out or using computers to solicit donations or Mr. MCINNIS. Mr. Speaker, I would like to Mr. BOUCHER. Mr. Speaker, I am pleased accomplish commercial transactions across take this moment to celebrate the life of a truly to join my colleague from California, Mr. Ber- international borders. The creator of the intel- lectual property can always obtain a copyright remarkable human being, Robert Croissant. man, in introducing the Business Method Pat- ent Improvement Act of 2000. As we look for- on the software that implements a particular Bob recently passed away after a battle with ward to shaping intellectual property law for method of doing these things, and no one heart troubles. He lived every day to its fullest the 21th Century, few issues in the 107th Con- would complain. What is new and disturbing is and truly enjoyed the gifts life had to offer. As gress will be more important than deciding obtaining ownership of the entire concept of family and friends mourn this immense loss, I whether, and under what conditions, the gov- performing seemingly obvious acts whatever would like to pay tribute to this great Colo- ernment should be issuing ``business method'' individual method of implementation is used, radan. patents. foreclosing the opportunity for competitors to Bob was born in Kuner, Colorado, a small Two years ago, the U.S. Court of Appeals develop new and different means of entering farming town on the eastern plains. The com- for the Federal Circuit ruled in the State Street the business. I am hard-pressed to understand how the munities where he grew up were wholly de- Bank decision that a patent could be issued on a method of doing business. Since then, award of these kinds of patents will advance pendent upon agriculture, and growing up he the Patent and Trademark Office has been the greater public good. Under the Constitu- very quickly learned to appreciate the impor- deluged with applications for business method tion, Congress has the power to grant inven- tance of this trade. After graduating from patents. Unfortunately, the PTO has granted tors exclusive rights to their discoveries ``[t]o Greeley High School, he attended Colorado some highly questionable ones. Last year, it promote the Progress of Science and useful A&M, which is known today as Colorado State awarded a patent to Amazon.com for its ``one- Arts. . . .'' Rewarding someone for ``invent- University. Attending college was not Bob's click'' method of shopping at a web site. The ing'' a method of doing something obvious on original plan in life, but after realizing the pos- press recently reported that the PTO is now its face hardly seems to meet standard. In sibilities it held for his future in the agricultural on the verge of awarding a patent covering fact, rather than encouraging innovation, which profession, he was hooked. Eventually, he any computer-to-computer international com- is the purpose of the patent laws, it has the earned his degree in Agronomy. mercial transaction. opposite effect by foreclosing entire markets to Something is fundamentally wrong with a competition. Bob's love and fascination for farming soon system that allows individuals to get patents Our purpose in introducing this bill today is drew him back to eastern Colorado. Soon for doing the seemingly obvious. The root of threefold. First, given the importance of the after graduating, the university's agricultural the problem is that the PTO does not have subject and the critical need to support the de- extension office was in need of an Assistant adequate informationÐwhat is called ``prior velopment of new technology and the growth County Agent, and he took the position. After art''Ðupon which to determine whether a busi- of the Internet, we believe it is important to helping the farmers of Logan County in this ness method is truly non-obvious and there- begin a public debate now about how Con- position, he moved to Burlington, Colorado, fore entitled to patent protection. We're intro- gress should respond to the State Street Bank where he was promoted to County Director. ducing this legislation in an effort to repair the decision. Second, we want to develop through system before the PTO awards more monop- legislation an appropriate framework for the Bob's knowledge of agriculture was unparal- oly power to people doing the patently obvi- PTO to assess the claims asserted by would- leled in eastern Colorado and his aid to farm- ous. be business method inventors and to give the ers was immeasurable. He was well known for Not surprisingly, there has been a great public a meaningful opportunity to participate meeting farmers at breakfast where he would deal of concern in the high-tech community beforeÐnot just afterÐa patent is awarded. examine the crops that were brought in on- that the continued award of business method And finally, we hope to force business method sight. Bob's widespread efforts in the agricul- patents could lead to a significant amount of patent applicants to disclose all the relevant tural arena were slowed down significantly wasteful litigation, could stifle the development prior art to the PTO, rather than hiding the ball when a heart condition required him to stop of new technology, and could retard the devel- as some do now. his extensive travels. He and his wife then opment of the Internet. Consider for a moment I want to stress that our bill does not outlaw moved to Ft. Collins, where Bob continued to a few of the more extreme cases now in the or prohibit the award of business method pat- work at Colorado State University as a pro- courts: ents. Rather, it is designed to ensure that fessor. Amazon.com has sued Barnesandnoble. these kinds of patents will only be issued com, alleging that it infringed its ``one click'' when they truly represent something new and Although he may not have been as agile as shopping method, forcing its principal rival and innovativeÐin other words, something that de- he once was, he still found a way to stay in- other website merchants either to pay Ama- serves protection. volved in the profession he loved. He could zon.com royalties for the use of any one click Our bill makes one important substantive also be found at nearby 4±H events, where he method or to use a ``two click'' means of sell- change to the law and addresses two funda- passed along his expertise in agriculture to ing books and records; mental procedural defects in the current sys- young people. Priceline has sued Microsoft for offering a tem. And in doing so, it will help create an ur- ``name your price'' service on its Expedia trav- gently needed database of prior art so that Bob Croissant was a truly remarkable per- el site, even though the market economy of patent examiners will have a better basis for son and he will be greatly missed. He leaves the Western world and the theory of micro- evaluating claims made by applicants in the behind a wonderful and loving family. Mr. economics is predicated on individuals setting future. Speaker, on behalf of the State of Colorado a price at which they are willing to purchase On substance, our bill would create the pre- and the U.S. Congress I ask that we take this something; and sumption that the computer-assisted imple- moment to honor a beloved and cherished The Red Cross has been sued for using mentation of an analog-world business method Coloradan. computers to solicit contributions and dona- is obvious and thus is not patentable. In these

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor. E1652 CONGRESSIONAL RECORD — Extensions of Remarks October 3, 2000 cases, the burden would be on the applicant guilty. Under this legislation, an individual who on her 95th birthday. I ask my colleagues as- to rebut the presumption of obviousness. is indicted and may be able to prove his inno- sembled here today to please join me in ac- On procedure, we would add new protec- cence would still be forced to undergo an HIV knowledging Mrs. Taylor's remarkable life. tions at the beginning and at the end of the test. This bill has not been considered by the On this day, October 3, 1905, here in Wash- current process. Unfortunately, the public rare- Judiciary Committee, and I believe that it ington, D.C., her father, an immigrant from Af- ly knows when the PTO is evaluating a pro- strongly violates the principle that Americans rica, and her mother, an immigrant from Eng- posed business method patent application, are innocent until proven guilty. land, were blessed with the birth of their and thus has no opportunity to bring prior art f daughter, Emma. As a young girl, Emma pos- and other information to the attention of a pat- sessed excellence, greatness, the favor of ent examiner or to argue that the statutory cri- PRIVACY COMMISSION ACT God, love and honor, the law of kindness in teria for the award of a patent is for other rea- tongue, morality and character. Emma married SPEECH OF sons not met before it is too late to do any Elbert James Robinson, and their union was good. We, therefore, would require the PTO to HON. PATSY T. MINK blessed with three beautiful daughters, includ- give the public at large an opportunity early in OF HAWAII ing my very good friend, Delores Chainey. Mr. the patent review process to submit prior art IN THE HOUSE OF REPRESENTATIVES Speaker, all of the amazing blessings be- information and evidence that the claimed in- stowed upon Emma Taylor are the result of a Monday, October 2, 2000 vention is already in public use or is obvious. God-centered life. In addition, if asked, the PTO would be re- Mrs. MINK of Hawaii. Mr. Speaker, I rise Mr. Speaker, Emma Beatrice Taylor is more quired to conduct a proceeding comparable to today to voice my strong opposition to H.R. than worthy of receiving our birthday wishes, the discretionary public use proceeding al- 4049, the Privacy Commission Act. and I hope that all of my colleagues will join ready on the books. H.R. 4049 will establish a commission to me today in honoring this outstanding woman. At the end of the process, we would estab- study how best to protect individual privacy. In f lish an opposition procedure so that the public eighteen months this commission will provide HONORING THE HUMBOLDT COUN- at large would have one additional opportunity its findings to Congress and the President. TY, CALIFORNIA BRANCH OF to challenge the award of a business method Congress is already well aware of the ability THE AMERICAN ASSOCIATION OF patent short of having to file a lawsuit. Deci- of public and private institutions to gather and UNIVERSITY WOMEN sions in these proceedings would be made by share data. While the gathering of personal an administrative opposition judge chosen data has heralded improvements in customer HON. MIKE THOMPSON from a panel of examiners with special exper- services and national security efforts, it threat- ens to undermine an individual's ability to pro- OF CALIFORNIA tise in evaluating business method patents. IN THE HOUSE OF REPRESENTATIVES The bill makes two other important proce- tect their most private medical and financial in- dural changes. In cases involving business formation. Internationally, an individual's ability Tuesday, October 3, 2000 method patents, the burden of proof on the to control their most private information is con- Mr. THOMPSON of California. Mr. Speaker, party seeking to show invalidity would be low- sidered a human right. today I recognize the 50th anniversary of the ered from the current ``clear and convincing I am very concerned about the invasion of Humboldt County, California Branch of the evidence standard'' to the ``preponderance of our private rights and that is why Congress American Association of University Women the evidence'' standard. And because we should act now, not postpone action for an- (AAUW). share the concern the PTO has about the lack other eighteen months when the commission's The AAUW's mission is to promote equity, of prior art being accessible to examiners, our report is completed. lifelong education, and positive change for all bill would require an applicant for a business There is legislation before this body that women. This vision has made a significant im- method patent to disclose the extent to which would provide adequate protection for indi- pact on the lives of Humboldt County women. the applicant has searched for prior art. vidual privacy. I am a cosponsor of three such The American Association of University Taken together, these changes will enable bills: H.R. 1941, H.R. 2447, and H.R. 3320. Women is committed to promoting diversity, the PTO to do a better job when examining These three bills will protect personal health undertaking research, and providing scholar- business method patent applications, and they information by limiting use and disclosure of ships, grants and awards. This admirable as- will ensure that the American public has an such information, prohibit employment or sociation takes action on behalf of women in opportunity to participate more fully in the health insurance discrimination based on ge- the educational system. For America to pros- process, which should reduce the risk of the netic information, and amend the privacy pro- per we must be sure to foster a learning envi- PTO awarding any more patents on the pat- visions in the Gramm-Leach-Bliley Act to pro- ronment that is accessible to young women ently obvious. hibit financial institutions from disclosing, or and the American Association of University f making use of, nonpublic personal credit infor- Women has always served as an advocate in mation. On May 1, 2000, President Clinton an- this cause. The AAUW is one of the largest PERSONAL EXPLANATION nounced his consumer privacy plan which he private sources of educational grants for presented to Congress stating ``we cannot women. HON. LYNN C. WOOLSEY allow new opportunities to erode old and fun- During the past 50 years the Humboldt chapter of the AAUW has benefited the com- OF CALIFORNIA damental rights.'' munity in countless ways. Thanks to commu- IN THE HOUSE OF REPRESENTATIVES These bills and the President's plan should be considered by the full House. Individual pri- nity action projects, fundraising and special Tuesday, October 3, 2000 vacy protection greatly concerns individuals in activitiesÐincluding an educational foundation, Ms. WOOLSEY. Mr. Speaker, due to an my district. They deserve to have this issue cross cultural exchange, and book and food event in my District, I missed roll call votes debated in full and addressed immediately. drivesÐthe Humboldt Branch has provided #503±505. Had I been present, I would have H.R. 4049 will serve only to delay this proc- service as well as a forum for policy discus- voted: ess, and in the end inform us and the Amer- sion and community building. Mr. Speaker, it is appropriate at this time Roll Call #503ÐYea. ican people what is already abundantly appar- that we acknowledge the outstanding efforts of Roll Call #504ÐYea. ent: Congress must act immediately to protect the Humboldt County, California Branch of the Roll Call #505ÐNo. individual privacy. American Association of University Women. Regarding H.R. 3088, I wholeheartedly f agree that victims of rape should be able to f RECOGNIZING EMMA BEATRICE learn whether their assailant could have HONORING FLORENCE WALTON TAYLOR—95 YEARS YOUNG passed on the HIV virus to them. That's why RICHARDSON WYCKOFF I support addressing this issue in the Violence Against Women Act, and support women who HON. EDOLPHUS TOWNS have been raped and want to undergo an HIV HON. SAM FARR OF NEW YORK OF CALIFORNIA test. However, H.R. 3088 could force innocent IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES individuals to undergo HIV tests and have that information involuntarily disclosed to others. Tuesday, October 3, 2000 Tuesday, October 3, 2000 This Congress should not force the accused to Mr. TOWNS. Mr. Speaker, today I honor Mr. FARR of California. Mr. Speaker, today undergo an HIV test until he has been proven Emma Beatrice Taylor, a resident of Brooklyn, I pay tribute to a woman who helped shape CONGRESSIONAL RECORD — Extensions of Remarks E1653 the history of the State of California, and in port and stories of my parents as young activ- Yes, from humble beginningsÐincluding the process touched the lives of countless in- ists. As described to me, she was a leader in that stint until 4 a.m. to get the very first edi- dividuals. Ms. Florence Walton Richardson her life in creating a more compassionate and tion outÐto obtaining the respect and trust of Wyckoff, who would have been 95 this week, just society. We have lost a person of history thousands of Queens citizens, the Queens died in her sleep on September 20, 2000 in who made this country a better place because Courier has become a newspaper heavy- her Watsonville, California home. of her deeds. weight in the new millennium. Yet the publica- Florence was born on October 5, 1905, to Described by friends and family as ``tena- tion continues to stay on the original mission Leon J. Richardson and Maud Wilkinson Rich- cious and determined,'' ``influential'' and ``car- that it set 15 years agoÐto provide local news ardson in Berkeley, California. She earned a ing,'' and ``A woman that made a difference,'' coverage in a fair, accurate and balanced B.A. in fine arts at the University of California, Florence Wyckoff will be sorely missed by her manner. Whether through the breadth of its Berkeley, in 1926, and it was there that she sister, Jane R. Hanks of North Bennington, stories, the quality of its editorials, the inform- met her future husband, Hubert Coke Wyckoff. Vermont, as well as the many nephews, ative advertisements, special features and in- In 1931 they married and moved to San Fran- nieces, friends and the California community, sightful columnsÐthe Queens Courier remains cisco, where Florence became involved with in general. on the cutting edge of community journalism. politics and what would become her life's f Mr. Speaker, I ask all my colleagues in the work, activism. While in San Francisco, she House of Representatives to join me now in RECOGNITION OF THE QUEENS congratulating Victoria Schneps and the entire worked with the San Francisco Theater Union COURIER and the National Consumers League for Fair staff of the Queens Courier for a terrific 15 Labor Standards. She also worked with the years of service to the Queens community. I gubernatorial campaign of Cuthbert L. Olsen, HON. GARY L. ACKERMAN am confident that the Queens Courier will con- and was appointed by Governor Olsen as Di- OF NEW YORK tinue to enjoy success for many more years to rector of Community Relations for the Cali- IN THE HOUSE OF REPRESENTATIVES come. fornia State Relief Administration. It was in this Tuesday, October 3, 2000 f position that she began traveling and inves- Mr. ACKERMAN. Mr. Speaker, today I pay FOR BREAD AND FOR FREEDOM: tigating the living conditions of farm laborers in tribute to the Queens Courier, a weekly com- THE 20TH ANNIVERSARY OF THE this country. munity newspaper in the borough Queens, FOUNDING OF SOLIDARITY Shocked by the standards she saw, and by New York, which is celebrating its 15th anni- the lack of access to such basic necessities versary. as education and healthcare for migrant work- The Queens Courier was launched late in HON. CHRISTOPHER H. SMITH ers, she became a powerful lobbyist for social the last century by Victoria Schneps and John OF NEW JERSEY change in these areas. During World War II, Toscano. Victoria was a school teacher who IN THE HOUSE OF REPRESENTATIVES her husband, Hubert, recruited my father, the teamed-up with then WABC±TV reporter Tuesday, October 3, 2000 late Senator Farr, to work at his side in Wash- Geraldo Rivera to expose abhorrent conditions Mr. SMITH of New Jersey. Mr. Speaker, I ington, DC as a Deputy Administrator in the at the Willowbrook State School for the Men- want to add my voice to those who com- War Shipping Administration. While in Wash- tally Retarded. Victoria's daughter Lara had memorate the 20'' anniversary of the founding ington, Florence testified before congressional resided at the facility. John meanwhile, a of Solidarity and join as a co-sponsor of this committees for minimum wages and public former political editor at the New York Daily resolution, H. Con. Res 416. Significantly, one health improvements for farm workers. It was News published the weekly newspaper of the original 21 demands of the Gdansk at this time that she also served on the Queens Week. The two entrepreneurs in- workers was a call for the implementation of Boards of Directors of the National Consumers vested a mere $250 each to embark on their the Helsinki Final Act. As Chairman of the Hel- League and Food For Freedom. journalistic quest where in the beginning they sinki Commission, I therefore take special sat- After returning to California, she worked to worked out of Victoria's living room and did isfaction in hailing one of the success stories begin the first citizen's health council in Santa not take salaries for the first year. of the Helsinki process. Cruz County, and was appointed by Governor The first issue of the newspaper hit the Stalin is reputed to have once said that try- Earl Warren to the Advisory Committee on streets on May 9, 1985 as the Whitestone/Col- ing to impose communism on Poland was like Children and Youth. She served on this board lege Point Courier. The front page headline trying to put a saddle on a cow. Certainly, for twenty years under four governors, and read ``Whitestone-College Point Courier: First there were few places in Central Europe worked to establish health-care clinics for farm Issue Today.'' That first edition included sto- where communism was more unwelcome and workers along the migrant routes used in the ries on traffic tie-ups on the Throgs Neck unnatural. The peaceful dismantlement of a to- nation. Additionally, she was appointed by Bridge, local school news and political and talitarian system imposed by force is testimony Governor Edmund G. ``Pat'' Brown to the gardening columns. Within the next few years, to the heroism, ingenuity, and integrity of Soli- State Board of Public Health in 1961, and it Victoria bought John out and the newspaper darity activists and the millions of Solidarity's was during this time that Florence was integral attracted many loyal readers and established supporters throughout the country. to the creation and passage of the Federal Mi- a strong identity in the area. Then as reader- Of course, the events at the Gdansk ship- grant Health Act, which remains in effect ship increased, Victoria Schneps expanded yard in the summer of 1980 were the continu- today. the newspaper to cover most communities ationÐand elevationÐof the opposition to Never one to sit down when she was need- throughout Queens and subsequently re- communism that was the inevitable by-product ed, she continued to work tirelessly almost named the paper to the Queens Courier. of communism itself in Poland, from the work- until the day she passed away. She helped Today the borough-wide publication includes ers' strikes in Poznan in 1956, to the univer- found organizations that would assist migrant five newspapers serving 36 neighborhoods in sity dissent in 1968, to the Gdansk riots of children in attending college, and was a cru- Queens. The newspaper features quality writ- 1970. But Solidarity was unique in two critical sader in promoting reading and education ing and reporting in a contemporary and easy ways. First, it established an unprecedented among all children. Her last project was the to read format. It is available both by paid sub- union between workers and intellectuals, mak- successful recent opening of the Freedom scription and can be obtained at hundreds of ing the whole more than the sum of the parts. Branch Library, which began as a small library outlets throughout Queens. Second, it evolved into a mass movement, for the children of migrant workers. Florence The Queens Courier has also won numer- drawing support from all segments of society. was also active in many organizations, includ- ous awards for excellence in community jour- With the critical support of the Catholic ing Migration, Adaptation in the Americas nalism while affording local businesses and Church, Solidarity came to embody the hopes (MAIA), The Friends of the Freedom Library, merchants, the opportunities to reach their and aspirations not only of the people of Po- The Corralitos Valley Community Council, the customers in an efficient and cost-effective land, but of dissidents and democrats through- Coastal Resource Management Project, the manner. In addition, the publication has ven- out the region. When Lech Walesa was Migrant Agricultural History Archive at the Uni- tured into the broadcasting and Internet do- awarded the Nobel Peace prize, that award versity of California, Santa Cruz, and the main with the weekly public affairs show rightly recognized the achievements of an ex- Santa Cruz County Community Foundation ``Queens on the Air'' on local cable and an in- traordinary individual as well as the historic Board. formative site on the world wide web at role of the Solidarity movement itself and the I will really miss one of my late mother and www.queenscourier.com. I encourage every- people who comprised it. father's best friends. I will miss her smile, body to log onto this site to see what commu- Indeed, there are many well known heroes charm, love for friends and never ending sup- nity journalism is all about. of this movement, in addition to Lech Walesa: E1654 CONGRESSIONAL RECORD — Extensions of Remarks October 3, 2000 Bronislaw Geremek, Adam Michnik, Wladislaw ORIENTATION AND MOBILITY SEC- IN HONOR OF JOSEPH ROE Frasyniuk, Bogdan Lis, Jacek Kuron, Anna TION, WESTERN BLIND REHA- CRAWFORD SMITH Walentynowicz, Janusz Onyszkiewicz, to BILITATION CENTER, VA PALO name but a few of the legions of Solidarity's ALTO HEALTH CARE FACILITY, activists. There were also martyrs, including PALO ALTO, CALIFORNIA RE- HON. HAROLD ROGERS Father Jerzy Popieluszko, and the miners and CEIVES OLIN E. TEAGUE AWARD OF KENTUCKY others who died when martial law was im- IN THE HOUSE OF REPRESENTATIVES posed in 1981. Millions of other Poles, in small ways and large, contributed to world freedom HON. BOB STUMP Tuesday, October 3, 2000 through their support of freedom in Poland. OF ARIZONA Mr. ROGERS. Mr. Speaker, today, as I Mr. Speaker, the resolution we support speak, in Brentwood, Tennessee, the family, today seeks to honor them and their move- IN THE HOUSE OF REPRESENTATIVES friends, and loved ones of Joseph Roe ment. Crawford Smith are celebrating his life, which Tuesday, October 3, 2000 was so tragically and prematurely ended this f Mr. STUMP. Mr. Speaker, in a ceremony on past Friday in a freak outdoor accident. Mr. Speaker, I am taking the unusual step A NEW DAY FOR THE NATIONAL Wednesday, September 13, 2000, in the of bringing before the U.S. Congress the news ENVIRONMENTAL POLICY ACT House Veterans' Affairs Committee hearing room, the Orientation and Mobility Section, of Crawford's passing because Crawford was Western Blind Rehabilitation Center, VA Palo such an extraordinary 22-year-old young man HON. JOHN D. DINGELL Alto Health Care Facility, Palo Alto, California, and because his death seems so senseless and inexplicable. In fact, this was a double, OF MICHIGAN received on Olin E. Teague Award for their ef- horrible tragedy, because the same accident forts on behalf of disabled veterans. IN THE HOUSE OF REPRESENTATIVES took the life of his friend and fellow University Tuesday, October 3, 2000 The Teague Award is presented annually to of Tennessee senior Chris Dowdle, also of VA employees whose achievements have Brentwood. Mr. DINGELL. Mr. Speaker, more than 30 been of extraordinary benefit to veterans with Mr. Speaker, perhaps one day we will know years ago, I was the co-author of one of the service-connected disabilities, and is the high- why these model young men were taken, in strongest federal laws to protect our air, water est honor at VA in the field of rehabilitation. their prime, just as their preparation for adult and lands. The National Environmental Policy life was so nearly complete. Maybe, ``in the The Orientation and Mobility Section was Act recognized that many federal activities, sweet by and by'' in the words of that hymn. selected to receive this prestigious award in and many federally supported activities, affect But, for now, we are hurting and terribly sad- the quality of our air, waters, and lands. As a honor of their work to develop the first power dened. result, federal agencies have been required for scooter training program for low vision blinded I knew young Crawford. He was handsome, more than three decades to report on their ac- veterans with ambulatory problems. Realizing personable and brilliant. He was a devout tivities' impact on the human environment in that current support items such as canes, environmental impact statements. Christian. He was devoted to his parents Joe walkers and scooters did not meet the needs and Claudette and to his sister, Frances. He NEPA was passed by a Democratic Con- of the less mobile, blind veteran, the team de- was a model of good behavior and courtesy. gress and signed by a Republican President. termined to find a solution. The team worked He was an inspiration to his colleagues and to It has withstood years of attack from many with specialists in Physical Therapy, Physical adults like this Member who had the good for- special interests and has contributed greatly to Medicine, and Prosthetics Service to study the tune to know him. Why, oh why, did he have improvements in our environment and human various types of power scooters available for to go so soon? health. I have been a stalwart defender of sighted individuals. In addition to their full daily NEPA throughout its history and even de- Mr. Speaker, in special tribute to Crawford schedules, the team members made the time fended the Act when different administrations Smith, I have requested that an American flag to actually become power scooter travelers to tried to undermine its intent. be flown over the United States Capitol this learn to navigate on the scooters as sighted day in his honor. One continuing focus of concern was over individuals. When they became fully knowl- the role of the President's Council On Environ- Mr. Speaker, our hearts are hurting for Joe edgeable of power scooter travel, they began mental Quality (CEQ), about which I helped and Claudette and to Chris Dowdle's parents, several administrations, including the current to develop options to adapt the power scooter Douglas and Anita. They are living through a one, understand the benefits of having a sin- for use by blind veterans. Their enthusiasm, parent's worst nightmare. I know all my col- gle Presidential agency coordinate environ- persistence and creativity paid off. Two distinct leagues join me in praying God's most mer- mental policy for very diverse interests within power scooter programs were developed to ciful presence with them as they travel through the Executive Branch. meet the differing needs and capabilities of le- this valley of the shadow of death. I was proud to have fought on behalf of gally blind low vision veterans. These pro- f CEQ in the past. However, as occasionally grams offer veterans a higher quality of life and a highly valued commodityÐtheir inde- happens with some government agencies, I PERSONAL EXPLANATION have come to realize that CEQ has outlived its pendence. usefulness now that federal agencies have in- Mr. Speaker, the name Olin E. ``Tiger'' stilled a stronger environmental ethic in their Teague is synonymous with exemplary service HON. TERRY EVERETT decision making. I fact, CEQ's role has to the Nation's veterans. The late Congress- OF ALABAMA evolved from one of facilitation to one of ob- man Teague served on the House Veterans fuscation. It has become an assemblage of IN THE HOUSE OF REPRESENTATIVES Affairs Committee for 32 years, 18 of those irksome meddlers who cost much and do little. Tuesday, October 3, 2000 In my opinion, their recent efforts on behalf of years as its distinguished chairman. No one the environment have been counterproductive who opposed him on veterans' issues ever Mr. EVERETT. Mr. Speaker, due to sick- from the standpoint of sound conservation had to ask why he was called Tiger. He set ness and the inability to arrive in Washington, practices. the standards by which we can best serve all DC yesterday, I was unable to vote during the following rollcall votes. Had I been present, I Mr. Speaker, I am therefore proposing legis- veterans. I know my colleagues join me in of- would have voted as indicated below. lation today that abolishes the CEQ and fering our deep appreciation to the Orientation leaves the protections of NEPA in place for and Mobility Section for their concern, dedica- Rollcall No. 503 (H.R. 4049, Privacy Com- coordination within each federal agency. This tion, and innovation in meeting the special re- mission Act)Ð``yea''; will allow the Appropriations Committee next habilitation needs of disabled veterans. We Rollcall No. 504 (H.R. 4147, Stop Material year to have another $2.9 million every year congratulate them for the excellence of their Unsuitable for Teens Act)Ð``yea''; for much more valuable conservation pur- work and for the distinguished award they re- Rollcall No. 505 (H.R. 3088, Victims of poses. ceived. Rape Health Protection Act)Ð``yea''. CONGRESSIONAL RECORD — Extensions of Remarks E1655 HONORING DR. JULIAN SEBASTIAN SMALL BUSINESS INNOVATION RE- organizations for his outstanding research and AS A MEMBER OF THE RWJ EX- SEARCH PROGRAM REAUTHOR- contributions to the community. In 1953, he ECUTIVE NURSE FELLOW PRO- IZATION ACT OF 2000 was promoted to managing director of the GRAM Lab. SPEECH OF About ten years ago, Bernard was diag- HON. CONSTANCE A. MORELLA nosed with throat cancer and was forced to HON. ERNIE FLETCHER stop working. Miraculously, he was able to OF MARYLAND OF KENTUCKY successfully fight off the cancer and he re- IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES turned to work after his surgery. Monday, September 25, 2000 Tuesday, October 3, 2000 Even with the handicap of using a voice-as- Mrs. MORELLA. Mr. Speaker, today I ask sisting prosthesis, he played an instrumental Mr. FLETCHER. Mr. Speaker, it is my honor my colleagues to join me in supporting the role in discovering the cure for an unknown to recognize a distinguished member of the passage of H.R. 2392, a bill to reauthorize the virus in New York waters. Mr. Tzall is currently medical community of Central Kentucky. Dr. Small Business Innovation Research Program, enrolled as a PhD. Candidate, becoming one Juliann Sebastian is an Associate Professor or SBIR. of the oldest engineering students in the coun- and Assistant Dean for advanced practice Last year around this time, the House try. He continues to work at his laboratory, nursing as well as the Director of Graduate passed H.R. 2392. After months of work by training new employees and managing its li- Studies for the MSN degree program of the the House and Senate, the Senate took action brary. College of Nursing at the University of Ken- and passed H.R. 2392, with an amendment in The Prime Time 2000 award, sponsored by tucky. Dr. Sebastian is a dedicated medical July of this year. Their amendment incor- Green Thumb, was presented to an out- professional who has educated countless stu- porated both changes to the House provisions standing senior over the age of 65 from each dents during their journey through nursing and new Senate provisions. state who works more than 20 hours per school. Now, H.R. 2392 is to go back to the Senate week. Mr. Tzall demonstrated excellence and Recently, Dr. Sebastian was honored by the with additional Small Business provisions at- commitment that put him in a class with a se- Robert Wood Johnson Nurse Fellows Program tached to the bill, but with the agreed-to provi- lect few Prime Time recipients. at the Friends of the National Institute of Nurs- sions relating to SBIR untouched, These in- I commend Bernard for all he has overcome ing Research's Annual Gala. This honor will clude: extending the program through fiscal and all he has accomplished. I am honored to allow Dr. Sebastian to embark on a three year year 2007; requiring small businesses to sub- give him this recognition he well deserves. self-study program while continuing her cur- mit a concise commercialization plan with their f rent duties at the University of Kentucky. proposals; requiring agencies participating in PHARMACIA & UPJOHN ABUSE OF It is a pleasure to recognize Dr. Juliann Se- SBIR to provide an annual performance plan AVERGE WHOLESALE PRICE SYS- bastian in the United States House of Rep- in accordance with the Government Perform- TEM: STARK CALLS FOR FDA IN- resentatives today, on her prestigious achieve- ance and Results Act; requiring the collection VESTIGATION ment. It is clear that the Fellows program rec- and maintenance of data which will allow pro- ognized Dr. Sebastian's many talents and gram evaluation; and a National Research abilities to contribute so much to the medical Council report on how SBIR has used small HON. FORTNEY PETE STARK OF CALIFORNIA community. As a fellow member of the med- businesses to stimulate technological innova- IN THE HOUSE OF REPRESENTATIVES ical community, I salute you, Dr. Sebastian. tion and how agencies have used SBIR in meeting their research and development Tuesday, October 3, 2000 f needs. Mr. STARK. Mr. Speaker, I have today sent The above are the main provisions that the following letter to Pharmacia & Upjohn, RETIREMENT OF SANDY GOSS, emanated from the House. The Senate has highlighting the extent to which this company DEPUTY CHIEF OF COBB COUNTY added provisions, including: a partnership has been inflating its drug prices and engag- FIRE AND EMERGENCY SERV- grant program between small businesses and ing in other deceptive business practices. ICES states (FAST, Federal and State Technology The evidence I have been provided shows Partnership Program), and a mentoring net- that Pharmacia & Upjohn has knowingly and HON. BOB BARR work developed through the funds provided for deliberately inflated their representations of OF GEORGIA in the FAST program. the average wholesale price (``AWP''), whole- Overall, the provisions contained in this bill sale acquisition cost (``WAC'') and direct price IN THE HOUSE OF REPRESENTATIVES improve upon the SBIR program and I am (``DP'') which are utilized by the Medicare and Tuesday, October 3, 2000 confident that we can again work with the Medicaid programs in establishing drug reim- Mr. BARR of Georgia. Mr. Speaker, I rise Senate to reach an agreement allowing for the bursements to providers. today to recognize Sandy Goss, Deputy Chief continuation of this excellent program. I urge In doing so, Pharmacia & Upjohn is abusing of Cobb County Fire and Emergency Services, my colleagues to support this important reau- the public trust, endangering patients by af- for his dedication and commitment to the en- thorization. fecting physician prescribing practices, and ex- tire Cobb community, and to congratulate him f ploiting America's seniors and disabled who on his retirement after 37 years of service. are forced to pay 20% of these inflated drug NEW YORK’S MOST OUTSTANDING costs. American taxpayers pick up the rest of Mr. Goss, who grew up around the fire de- OLDER WORKER the tab. partment and following in his father's foot- These findings are particularly timely as the steps, joined the fire department full time im- HON. CAROLYN McCARTHY Ways and Means Subcommittee on Health will mediately following his graduation from high OF NEW YORK today markup a Medicare bill that seeks to school, in 1965. IN THE HOUSE OF REPRESENTATIVES delay any administrative action by the Depart- Over the years, he worked his way through ment of Health and Human Services (HHS) to Tuesday, October 3, 2000 the ranks. In 1968, he was promoted to lieu- alleviate this problem. This is bad policy. And tenant; he made captain in 1983; he became Mrs. MCCARTHY of New York. Mr. Speak- I strongly oppose this provision of the bill. Re- the battalion chief in 1996; the following year er, today I name Bernard Tzall, a microbiolo- form of current Medicare drug reimbursement he made colonel; and in 1998, he became gist at a research laboratory in Nassau Coun- policy is needed now to protect taxpayer funds deputy chief. While deputy chief, he was in ty, as New York's Most Outstanding Older and public health. charge of 85 percent of the department, with Worker for the year 2000. To help bring an end to these harmful, mis- special operations, the HAZMAT team, tech- I admire Bernard's dedication and commit- leading practices, I have today called on the nical rescue, vehicle maintenance, armored ment. At the age of 85, he is still working tire- FDA to conduct a full investigation into guards, and the fire suppression division all lessly to improve the lives of those around him Pharmacia & Upjohn business practices. under his supervision. through his research. These practices must stop and these com- He will be sorely missed, and will leave be- Bernard began working at the laboratory in panies must return the money that is owed to hind a legacy hard to match. I join many oth- the 1940s, after serving his country in the the public because of their abusive practices. ers in wishing Sandy and his family the very Army. Over his six decades of service, he has I would like to submit the following letter to best. received awards from national, state, and local Pharmacia & Upjohn into the RECORD. E1656 CONGRESSIONAL RECORD — Extensions of Remarks October 3, 2000

CONGRESS OF THE UNITED STATES, It is highly unethical for drug companies to duction will become effective May 9, 1997. HOUSE OF REPRESENTATIVES, provide physicians with payments for FDA The wholesalers have been notified, however Washington, DC, October 3, 2000. clinical trials and inflated price reports that it may take two weeks to complete the tran- Mr. FRED HASSAN, financially induce doctors to administer sition. . . .’’ Chief Executive Officer, Pharmacia & Upjohn Pharmacia & Upjohn’s drugs to patients. In Additionally, internal Pharmacia & Co., Inc., Peapack, NJ. particular, Pharmacia & Upjohn’s conduct, Upjohn documents secured through the Con- DEAR MR. HASSAN: You should by now be along with the conduct of other drug compa- gressional investigations show that aware of Congressional investigations sug- nies, is estimated to have cost taxpayers Pharmacia & Upjohn also utilized a large gesting that Pharmacia & Upjohn has for over a billion dollars. It also has a cor- array of other inducements to stimulate many years been reporting and publishing rupting influence on the exercise of inde- product sales. These inducements, including inflated and misleading price data and has pendent medical judgment both in the treat- ‘‘educational grants’’ and free goods, were engaged in other deceptive business prac- ment of severely ill cancer patients and in designed to result in a lower net cost to the tices in order to manipulate and inflate the the medical evaluation of new oncological purchaser while concealing the actual price prices of certain drugs. The price manipula- drugs. beneath a high invoice price. Through these tion scheme is executed through Pharmacia In addition to Pharmacia & Upjohn’s ac- means, drug purchasers were provided sub- & Upjohn’s inflated representations of aver- tion in the context of the Phase III FDA stantial discounts that induced their patron- age wholesale price (‘‘AWP’’) and direct price clinical trial, internal Pharmacia & Upjohn age while maintaining the fiction of a higher (‘‘DP’’), which are utilized by the Medicare documents secured through Congressional invoice price—the price that corresponded to and Medicaid programs in establishing drug investigations clearly establish that reported AWPs and inflated reimbursements reimbursements to providers. The difference Pharmacia & Upjohn created and then ex- from the government. Composite Exhibit ‘‘8’’ between the inflated representations of AWP ploited misleading information about its highlights these inducements: and DP versus the true prices that providers prices. Following is one example: ‘‘Some of AOR/PHARMACIA & UPJOHN PARTNER- pay is regularly referred to in your industry the drugs on the multi-source list offer you SHIP PROPOSAL: Medical Education as ‘‘the spread.’’ In turn, this has caused the savings of over 75% below list price of the Grants. A $55,000 grant has been committed Medicare and Medicaid Programs to expend drug. For a drug like Adriamycin, the re- for 1997 for the AOR Partnership for excel- excessive amounts in paying claims for cer- duced pricing offers AOR a reimbursement of lence package including: Education/Disease tain drugs. The evidence amassed by Con- over $8,000,000 profit when reimbursed at Management, Research Task Force, AOR An- gress clearly shows that Pharmacia & AWP. The spread from acquisition cost to re- nual Yearbook. A $40,000 grant to sponsor the Upjohn has reported inflated prices and has imbursement on the multi-source products AOR monthly teleconference. This sponsor- engaged in other improper business practices offered on the contract give AOR a wide mar- ship was committed and complete in Feb- in order to cause its customers to receive a gin for profit’’ (Exhibit ‘‘3’’). ruary 1997. . . . windfall profit from Medicare and Medicaid. It is clear that Pharmacia & Upjohn tar- PHARMACIA & UPJOHN, INC. INTER- The manipulated disparities between your geted health care providers, who might be OFFICE MEMO: If needed, you have a ‘‘free company’s reported AWPs and DPs are stag- potential purchasers, by creating and then goods’’ program to support your efforts gering. For example, in 1997, Pharmacia & touting the windfall profits arising from the against other forms of generic doxorubicin. Upjohn reported an AWP of $946.94 for 200 price manipulation. For example, Pharmacia ... mg. of Adriamycin PFS while offering to sell & Upjohn routinely reported inflated average Use your ‘‘free goods,’’ wisely to compete it to American Oncology Resources (AOR) wholesale prices for its cancer drug against other generic forms of Adriamycin, for $168.00 and to Comprehensive Cancer Cen- Bleomycin, 15u, as well as direct prices. The not to shift the customer to direct ship- ter for $152.00 (Composite Exhibit 1’’). Your actual prices paid by industry insiders was in ments. The higher we can keep the price of company then aggressively marketed its many years less than half of what Pharmacia Adriamycin, the easier it is for you to meet cancer drugs to health care providers by & Upjohn represented. Pharmacia & Upjohn your sales goals for Adriamycin. touting financial inducements and other reported that the average wholesale price for My reading of the Federal Food, Drug, and types of incentives. Pharmacia & Upjohn cre- Bleomycin, 15u, rose from $292.43 to $309.98, Cosmetic Act and the corresponding regula- ated and marketed the financial induce- while the price charged to industry insiders tions suggests that the FDA should pay par- ments for the express purpose of influencing fell by $43.15 (Composite Exhibit ‘‘4’’). ticular attention to Pharmacia & Upjohn’s Congress attempted to address the issue of the professional judgment of doctors and misleading price reports. Accordingly, I am inflated drug reimbursement, in part, in 1997 other health care providers in order to in- today requesting that the Commissioner of legislation requiring Medicare to reimburse crease the company’s market share. the FDA, Dr. Jane Henney, conduct a full in- drug costs at 95% of AWP. Pharmacia & Upjohn’s strategy of increas- vestigation into Pharmacia & Upjohn’s busi- Unfortunately, Congress was unaware that, ing the sales of its drugs by enriching with ness practices. while it intended to improve Medicare’s sol- taxpayer dollars, the doctors and others who I urge Pharmacia & Upjohn to immediately vency, Pharmacia & Upjohn was submitting administer the drugs is reprehensible and a cease these acts and make arrangements to false price reports to further inflate reim- blatant abuse of the privileges that compensate taxpayers for the financial in- bursement amounts for both Medicare and Pharmacia & Upjohn enjoys as a major phar- jury caused to federally funded programs. Medicaid that would nullify the effects of maceutical manufacturer in the United Any refusal to accept responsibility will Congressional action. Composite Exhibit ‘‘5’’ States. This is perhaps best illustrated by most certainly be indicative of the need for demonstrates that Pharmacia & Upjohn in- Pharmacia & Upjohn’s own internal docu- Congress to control drug prices. If we cannot creased its price representations for its can- ments which reveal that the company abused rely upon drug companies to make honest cer drug Toposar by 5% in October 1997 while its position as a drug innovator in an initial and truthful representations about their taking care to ensure customers that the Phase III FDA clinical trial for a cancer drug prices, then Congress will be left with no al- change in reported prices would not have any used to treat lymphoma (Composite Exhibit ternative but to take decisive action to pro- impact on the lower, true prices being paid, ‘‘2’’). tect the public. but would increase government reimburse- Please share this letter with your Board of ‘‘. . . Clinical Research Trials ment. Initial Phase III Protocol trial for ‘‘Oral The following excerpt, addressing Medicaid Directors and in particular with the Board’s Idamycin’’ in lymphomas. This trial will reimbursement, is illustrative of the steps Corporate Integrity Committee. offer AOR $1.1M [million] in additional reve- Pharmacia & Upjohn took to ensure that Sincerely, nues. Two hundred twenty-five (225) patients government health programs paid the in- PETE STARK, at $5,000 per patient. . . . flated reimbursement resulting from false Member of Congress. The above . . . items are contingent on the price reports: ‘‘FYI—Heads up. The following f signing of the AOR Disease Management P&U price increases may create a spread be- Partner Program. AOR’s exclusive compli- tween purchase price and Medicaid reim- INTRODUCTION OF H.R. 5361, THE ance to the purchase of the products listed in bursement that may create sales complaints PIPELINE SAFETY ACT OF 2000 the contract product attachment is also nec- if not resolved in reasonable time period by essary for the above items to be in effect.’’ customary Medicaid updates. Therefore, The linking of doctor participation in FDA your action may be required in some in- HON. JAMES L. OBERSTAR clinical drug trials to their purchase and ad- stances if over the next few months Medicaid OF MINNESOTA ministration of profit-generating oncology does not automatically pick up the price IN THE HOUSE OF REPRESENTATIVES drugs is entirely inconsistent with the objec- changes’’ (Exhibit ‘‘6’’). tive scientific testing that is essential to the Pharmacia & Upjohn reported price in- Tuesday, October 3, 2000 integrity of the trial. I am hopeful that the creases in October 1997 with full knowledge Mr. OBERSTAR. Mr. Speaker, before we FDA will take immediate action to stop such that the true prices of the drugs were falling. behavior by your company. The FDA’s in- For example, Composite Exhibit ‘‘7’’ reveals adjourn we need to pass legislation to improve ability to act to ensure the validity of drug that Pharmacia & Upjohn voluntarily low- pipeline safety. The recent explosions in Bel- trials will necessitate legislative action. ered its price of Adriamycin PFS 200 mg to lingham, Washington (three fatalities) and Doctors must be free to choose drugs based $152.00 while reporting an AWP of $946.94: Carlsbad, New Mexico (12 fatalities) are the on what is medically best for their patients. ‘‘Dear Willie, A (VPR) Voluntary Price Re- most visible indications of a serious, long-term CONGRESSIONAL RECORD — Extensions of Remarks E1657 problem. Today I am introducing H.R. 5361, tion; National Environmental Trust; Natural Re- The need for regular inspections is particularly the Pipeline Safety Act of 2000, a bill that I sources Defense Council; Physicians for So- acute because of the age of our pipeline sys- believe will help us to go forward quickly and cial Responsibility; U.S. Public Interest Re- tem. As I have already said, about 24 percent pass this badly needed legislation. The bill is search Group; AFL±CIO Transportation of gas pipelines are now more than 50 years cosponsored by Congressmen DINGELL, INS- Trades Department; the International Brother- old. The section of pipeline involved in the re- LEE, UDALL (NM), PASCRELL, LEWIS (GA), hood of Teamsters; and the AFL±CIO Building cent Carlsbad, New Mexico tragedy was al- PALLONE, SMITH (WA), and TIERNEY; many of and Construction Trades Department. most 50 years old, and the National Transpor- the cosponsors represent citizens in States I believe that the House should go forward tation Safety Board (NTSB) has found that the that have had serious pipeline accidents. with its own legislation and then work with the failed sections had significant internal corro- Our Nation has 2.2 million miles of pipeline Senate to develop a joint product that would sion and pipe wall loss in some areas of more carrying 617 million ton-miles of oil and refined make an effective contribution to pipeline safe- than 50 percent. The NTSB stated that, based oil products, and 20 trillion cubic feet of nat- ty. on their initial investigation, the 50-year-old ural gas. The pipeline system and the volume Until a few weeks ago, this was the path we pipeline was never properly tested. The com- of products transported continue to grow. In were following in the House. Several good pany never conducted an internal inspection of the last ten years, pipeline mileage has grown pipeline safety bills had been introduced, in- the pipeline involved in the explosion. I believe by ten percentÐat the same time that our Na- cluding H.R. 4792, a bill sponsored by Con- that inspections probably would have uncov- tion's suburbanization continues to bring more gressman INSLEE and 15 other Members. ered these corrosion problems before they led families near pipelines. Within the Transportation and Infrastructure to a tragedy. Without requiring pipeline inspec- Regrettably, as the industry has grown, Committee, the Committee with primary juris- tions, there will be more tragedies. We don't safety has declined. In the last decade, there diction over this issue, there had been exten- need another Carlsbad, New Mexico, Bel- were 2,241 major pipeline accidents resulting sive bipartisan discussions and staff work, and lingham, Washington, Edison, New Jersey or in death, serious injury, or substantial property draft legislation had been prepared and was Mounds View, Minnesota. within days of being ready for a markup in damage. These explosions killed 226 people Second, a subtle, but important, distinction and caused more than $700 million of damage early I find the industries' assessment of the leg- between this bill and the Senate bill is that the to property and the environment. And pipeline islative situation to be obviously selfserving. Senate bill does not require the pipeline com- safety is deteriorating: the General Accounting When was the last time we heard an industry panies to do anything. The Senate bill only re- Office (GAO) has found that the rate of pipe- demand that a ``tough'' bill be passed to Im- quires the Office of Pipeline Safety to adopt line accidents is increasing by four percent a prove its safety? How could anyone, three regulations dealing with the issue. This ap- year. weeks ago, say with a straight face that the proach has been tried and failed. In 1992, To exacerbate the problem, we are dealing last five weeks, or the last two weeks, of this Congress passed legislation that directed OPS with an aging pipeline system. About 24 per- Congress provide insufficient time for negotia- to adopt regulations requiring inspections by cent of gas pipelines are now more than 50 tions on this relatively limited issue, when dur- 1995. Now, 13 years after the NTSB rec- years old. The section of pipeline involved in ing the last two weeks the House and the ommended required periodic inspections and the recent Carlsbad, New Mexico tragedy was Senate will have to resolve all the major eight years after the statutory mandate, the almost 50 years old and had suffered substan- issues associated with 11 of the 13 appropria- Office of Pipeline Safety has not issued a sin- tial internal corrosion. tion bills? gle regulation imposing pipeline inspection re- Congress and the National Transportation The bill I am introducing today does not in- quirements. For important parts of the industry Safety Board (NTSB) have long been aware of clude all the provisions that I would like to see NTSB has not even issued a Notice of Pro- the unacceptable state of pipeline safety. A included in a pipeline safety bill. In the interest posed Rulemaking. series of laws and NTSB recommendations of facilitating prompt House action on pipeline The failure of the Office of Pipeline Safety's have given the responsible federal agency, the safety, my bill is based largely on the House failure to comply with statutory inspections Office of Pipeline Safety (OPS) of the Depart- bipartisan staff draft bill that had been devel- mandates is just one example of OPS' lack of ment of Transportation, direction as to the oped for an early September markup. responsiveness to Congressional directives steps that need to be taken. Regrettably, OPS I believe that this bill is a major improve- and NTSB recommendations when it comes to has not been responsive. ment over the Senate product and can make pipeline safety. The GAO has found that the A recent GAO study found that OPS has important contributions to pipeline safety. In Office of Pipeline Safety has not complied with failed to implement 22 statutory directives for accordance with a joint statement of principles 22 existing statutory requirements regarding regulations and studies. Twelve of these provi- for improving pipeline safety endorsed by Con- pipeline safety, many of which had statutory sions date from 1992 or earlier. OPS has the gressman JOHN DINGELL, Ranking Democratic deadlines that have long since past. We lowest rate of any transportation agency for Member of the Committee on Commerce should not pass a bill, like S. 2438, that im- compliance with NTSB recommendations. In which also has jurisdiction over pipeline safe- poses a 23rd statutory requirement telling addition, GAO has challenged OPS'new policy ty, and me, the bill requires pipeline integrity OPS to do the right thing. of reduced reliance on enforcement fines. management programs; requires periodic pipe- It is time for the House to lead; it is time for During the past year, we have made line inspections; ensures that pipeline employ- these needless pipeline tragedies to stop. The progress in developing legislation to improve ees are qualified, well trained, and certified; House should go forward with its own pipeline pipeline safety. The Senate has passed a bill, expands the public's right to know; provides safety legislation and we should get a truly ef- S. 2438, that includes some provisions that environmental accountability and increases fective pipeline safety bill on the President's would enhance safety but, at the same time, enforcement; expands States' role in pipeline desk before we adjourn. the bill fails to deal satisfactorily with the most safety; enables more citizen involvement; and important safety issues. It is my judgment that increases funding to improve pipeline safety. A Summary of H.R. 5361, The Pipeline Safety it would be a serious mistake to adopt the summary of the bill may be found at the end Act of 2000 Senate bill unchanged. The minimal contribu- of this statement. Although the Senate bill in- 1. Requires pipeline integrity management pro- tions that the bill would make to safety are cludes provisions on some of these issues, in grams outweighed by the legislative reality that pas- most cases they are not effective to deal with sage of this bill would make it extremely dif- the problem. Statutorily requires that hazardous liquid ficult to pass additional pipeline safety legisla- Let me just focus on a couple of issues to and natural gas pipeline operators adopt in- tion during the period of the three-year author- tegrity management programs, regardless of illustrate the difference between my objectives whether the Department of Transportation’s ization Provided by the bill. and the Senate bill. I believe that any pipeline Office of Pipeline Safety (OPS) completes The Senate bill, as passed, is opposed by safety bill must require pipeline operators to pending and planned rulemakings to require the families of the victims of the Bellingham, adopt integrity management programs and these programs. Washington, pipeline explosion, and the fol- must require periodic inspections of pipelines The Department of Transportation (DOT) lowing organizations: the National Pipeline Re- at least once every five years. must review each operator’s integrity man- form Coalition; League of Conservation Vot- Why is that so important?Ðtwo reasons: agement program, and either accept it or re- ers; Environmental Defense; Clean Water Ac- First, required inspections will prevent tragedy. quire changes. E1658 CONGRESSIONAL RECORD — Extensions of Remarks October 3, 2000 2. Requires Periodic Inspections (at least once to certify these employees at three compa- $500,000 for a related series of violations to every five years) nies. $100,000 per violation and $1,000,000 for a se- Statutorily requires periodic inspections of 4. Expands the public’s right to know ries of violations. pipelines at least once every five years in Requires pipeline operators to establish Expands the Attorney General’s authority areas of high population or environmental programs to educate the public on the use of to pursue civil actions and get appropriate sensitivity; methods for monitoring cathodic the one call program prior to excavation, relief. protection on the operator’s entire system; and on how to identify and respond to a pipe- 6. Expands States’ role in pipeline follow-up actions which will be taken if in- line release. spections reveal deficiencies; and programs Requires pipeline operators to make useful Authorizes the Department of Transpor- for installing emergency flow restricting de- information available to state emergency re- tation to enter into agreements with states vices. sponse committee and local emergency plan- to enable the states to participate in pipeline 3. Ensures that pipeline employees are qualified, ning committees, and to make maps of pipe- safety inspections and oversight, and to com- well trained, and certified lines available to municipalities. ment on pipeline operators’ integrity man- Statutorily requires that each pipeline op- Requires pipeline operators to provide agement programs. erator develop and implement a program for DOT, and DOT to provide the public, with 7. Enables more citizen involvement ensuring that all employees performing safe- pipeline segment reports including histories Establishes a pilot program to establish ty sensitive functions are qualified. of incidents and inspection, enforcement ac- and fund nine Regional Advisory Councils to Qualifications of employees must be estab- tions affecting the segment, and the results enable public and local government rep- lished by testing and may not be established of periodic testing of the segment. by observing on-the-job performance only (as resentatives to make substantive rec- 5. Provides environmental accountability and would be permitted under a recent OPS regu- ommendations to the pipeline industry and increases enforcement lation). regulators regarding improving pipeline safe- Requires DOT to review all pipeline oper- Establishes a new penalty with strict li- ty. ability (no fault required) for oil spills, of ator programs, and either accept them or re- 8. Increases funding to improve pipeline safety quire changes. $1,000 per barrel of hazardous liquid (e.g., oil) Establishes a pilot program in which DOT discharged. This is the same penalty as is Significantly increases authorizations for will develop a test for certifying persons who currently imposed for oil spills in water. pipeline safety programs to enable the Office operate computer-based systems which con- Raises maximum civil penalties from the of Pipeline Safety to carry out an active, ag- trol pipeline operations. OPS will use its test current law level of $25,000 per violation and gressive inspection program. Tuesday, October 3, 2000 Daily Digest

HIGHLIGHTS The House agreed to the conference report on H.R. 4578, Interior and Related Agencies Appropriations. The House passed H.J. Res. 110, Making Further Continuing Appropria- tions for FY 2001. Senate amendment in the nature of a substitute. (S. Rept. Chamber Action No. 106–440) Routine Proceedings, pages S9643–S9785 S. 2749, to establish the California Trail Interpre- Measures Introduced: Seven bills and three resolu- tive Center in Elko, Nevada, to facilitate the inter- tions were introduced, as follows: S. 3149–3156, S. pretation of the history of development and use of Res. 364–365, and S. Con. Res. 141. Pages S9701±02 trails in the setting of the western portion of the Measures Reported: United States. (S. Rept. No. 106–441) Reported on Friday, September 29, during the ad- S. 2865, to designate certain land of the National journment: Forest System located in the State of Virginia as wil- H.R. 4447, to designate the facility of the United derness. (S. Rept. No. 106–442) States Postal Service located at 919 West 34th Street S. 2959, to amend the Dayton Aviation Heritage in Baltimore, Maryland, as the ‘‘Samuel H. Lacy, Sr. Preservation Act of 1992, with an amendment. (S. Post Office Building’’. Rept. No. 106–443) S. 1848, to amend the Reclamation Wastewater H.R. 1680, to provide for the conveyance of For- and Groundwater Study and Facilities Act to author- est Service property in Kern County, California, in ize the Secretary of the Interior to participate in the exchange for county lands suitable for inclusion in design, planning, and construction of the Denver Sequoia National Forest, with an amendment in the Water Reuse project, with an amendment in the na- nature of a substitute. (S. Rept. No. 106–444) ture of a substitute. (S. Rept. No. 106–437) H.R. 2919, to promote preservation and public S. 2195, to amend the Reclamation Wastewater awareness of the history of the Underground Rail- and Groundwater Study and Facilities Act to author- road by providing financial assistance, to the Free- ize the Secretary of the Interior to participate in the dom Center in Cincinnati, Ohio. (S. Rept. No. design, planning, and construction of the Truckee 106–445) watershed reclamation project for the reclamation H.R. 4063, to establish the Rosie the Riveter/ and reuse of water, with an amendment in the na- World War II Home Front National Historical Park ture of a substitute. (S. Rept. No. 106–438) in the State of California, with amendments. (S. S. 2301, to amend the Reclamation Wastewater Rept. No. 106–446) and Groundwater Study and Facilities Act to author- H.R. 4285, to authorize the Secretary of Agri- ize the Secretary of the Interior to participate in the culture to convey certain administrative sites for Na- design, planning, and construction of the Lakehaven tional Forest System lands in the State of Texas, to water reclamation project for the reclamation and convey certain National Forest System land to the reuse of water, with an amendment in the nature of New Waverly Gulf Coast Trades Center. (S. Rept. a substitute. (S. Rept. No. 106–439) No. 106–447) S. 2345, to direct the Secretary of the Interior to H.R. 2302, to designate the building of the conduct a special resource study concerning the pres- United States Postal Service located at 307 Main ervation and public use of sites associated with Har- Street in Johnson City, New York, as the ‘‘James W. riet Tubman located in Auburn, New York, with an McCabe, Sr. Post Office Building’’. D1018 October 3, 2000 CONGRESSIONAL RECORD — DAILY DIGEST D1019 H.R. 3030, to designate the facility of the United H.R. 4884, to redesignate the facility of the States Postal Service located at 757 Warren Road in United States Postal Service located at 200 West Ithaca, New York, as the ‘‘Matthew F. McHugh Post 2nd Street in Royal Oak, Michigan, as the ‘‘William Office’’. S. Broomfield Post Office Building’’. H.R. 3454, to designate the United States post S. 2804, to designate the facility of the United office located at 451 College Street in Macon, Geor- States Postal Service located at 424 South Michigan gia, as the ‘‘Henry McNeal Turner Post Office’’. Street in South Bend, Indiana, as the ‘‘John H.R. 3909, to designate the facility of the United Brademas Post Office’’. States Postal Service located at 4601 South Cottage Reported today: Grove Avenue in Chicago, Illinois, as the ‘‘Henry H.R. 4110, to amend title 44, United States W. McGee Post Office Building’’. Code, to authorize appropriations for the National H.R. 3985, to redesignate the facility of the Historical Publications and Records Commission for United States Postal Service located at 14900 South- fiscal years 2002 through 2005. (S. Rept. No. west 30th Street in Miramar City, Florida, as the 106–466) ‘‘Vicki Coceano Post Office Building’’. S. 2688, to amend the Native American Lan- H.R. 4157, to designate the facility of the United guages Act to provide for the support of Native States Postal Service located at 600 Lincoln Avenue American Language Survival Schools, with an in Pasadena, California, as the ‘‘Matthew ‘Mack’ amendment an the nature of a substitute. (S. Rept. Robinson Post Office Building’’. No. 106–467) H.R. 4169, to designate the facility of the United S. 2686, to amend chapter 36 of title 39, United States Postal Service located at 2000 Vassar Street in States Code, to modify rates relating to reduced rate Reno, Nevada, as the ‘‘Barbara F. Vucanovich Post mail matter. (S. Rept. No. 106–468) Office Building’’. S. 3062, to modify the date on which the Mayor of the District of Columbia submits a performance H.R. 4448, to designate the facility of the United accountability plan to Congress. (S. Rept. No. States Postal Service located at 3500 Dolfield Ave- 106–469) nue in Baltimore, Maryland, as the ‘‘Judge Robert Report to accompany S. 3144, to amend the In- Bernard Watts, Sr. Post Office Building’’. spector General Act of 1978 (5 U.S.C. App.) to es- H.R. 4449, to designate the facility of the United tablish police powers for certain Inspector General States Postal Service located at 1908 North Ellamont agents engaged in official duties and provide an Street in Baltimore, Maryland, as the ‘‘Dr. Flossie oversight mechanism for the exercise of those pow- McClain Dedmond Post Office Building’’. ers. (S. Rept. No. 106–470) H.R. 4484, to designate the facility of the United H.R. 34, to direct the Secretary of the Interior to States Postal Service located at 500 North Wash- make technical corrections to a map relating to the ington Street in Rockville, Maryland, as the ‘‘Everett Coastal Barrier Resources System, with amendments. Alvarez, Jr. Post Office Building’’. (S. Rept. No. 106–471) H.R. 4517, to designate the facility of the United H.R. 4320, to assist in the conservation of great States Postal Service located at 24 Tsienneto Road in apes by supporting and providing financial resources Derry, New Hampshire, as the ‘‘Alan B. Shepard, Jr. for the conservation programs of countries within the Post Office Building’’. range of great apes and projects of persons with H.R. 4534, to redesignate the facility of the demonstrated expertise in the conservation of great United States Postal Service located at 114 Ridge apes. (S. Rept. No. 106–472) Street in Lenoir, North Carolina, as the ‘‘James T. H.R. 4435, to clarify certain boundaries on the Broyhill Post Office Building’’. map relating to Unit NC01 of the Coastal Barrier H.R. 4554, to redesignate the facility of the Resources System. (S. Rept. No. 106–473) United States Postal Service located at 1602 H.R. 4643, to provide for the settlement of issues Frankford Avenue in Philadelphia, Pennsylvania, as and claims related to the trust lands of the Torres- the ‘‘Joseph F. Smith Post Office Building’’. Martinez Desert Cahuilla Indians. (S. Rept. No. H.R. 4615, to redesignate the facility of the 106–474) United States Postal Service located at 3030 Mere- H.R. 4844, to modernize the financing of the rail- dith Avenue in Omaha, Nebraska, as the ‘‘Reverend road retirement system and to provide enhanced ben- J.C. Wade Post Office’’. efits to employees and beneficiaries, with an amend- H.R. 4658, to designate the facility of the United ment in the nature of a substitute. (S. Rept. No. States Postal Service located at 301 Green Street in 106–475) Fayetteville, North Carolina, as the ‘‘J.L. Dawkins S. 2111, to direct the Secretary of Agriculture to Post Office Building’’. convey for fair market value 1.06 acres of land in the D1020 CONGRESSIONAL RECORD — DAILY DIGEST October 3, 2000 San Bernardino National Forest, California, to countries, and the bill was then passed, after agree- KATY 101.3 FM, a California corporation, with an ing to the following amendment proposed thereto: amendment in the nature of a substitute. (S. Rept. Pages S9681±82 No. 106–476) DeWine (for Helms) Amendment No. 4287, in S. 2331, to direct the Secretary of the Interior to the nature of a substitute. Page S9682 recalculate the franchise fee owed by Fort Sumter Air Force Memorial Foundation: Committee on Tours, Inc., a concessioner providing service to Fort Sumter National Monument, South Carolina, with Energy and Natural Resources was discharged from an amendment in the nature of a substitute. (S. further consideration of H.R. 4583, to extend the Rept. No. 106–477) authorization for the Air Force Memorial Foundation S. 2350, to direct the Secretary of the Interior to to establish a memorial in the District of Columbia convey certain water rights to Duchesne City, Utah, or its environs, and the bill was then passed, clearing with an amendment in the nature of a substitute. (S. the measure for the President. Page S9768 Rept. No. 106–478) National Transportation Safety Board: Senate S. 2547, to provide for the establishment of the passed S. 2412, to amend title 49, United States Great Sand Dunes National Park and the Great Sand Code, to authorize appropriations for the National Dunes National Preserve in the State of Colorado, Transportation Safety Board for fiscal years 2000, with an amendment in the nature of a substitute. (S. 2001, 2002, and 2003, after agreeing to the fol- Rept. No. 106–479) lowing amendment proposed thereto: Pages S9768±69 S. 3022, to direct the Secretary of the Interior to Roberts (for McCain) Amendment No. 4288, to convey certain irrigation facilities to the Nampa and make minor and technical corrections in the bill as Meridian Irrigation District, with an amendment in reported. Page S9769 the nature of a substitute. (S. Rept. No. 106–480) H.R. 3023, to authorize the Secretary of the Inte- Death in Custody Reporting Act: Committee on rior, acting through the Bureau of Reclamation, to the Judiciary was discharged from further consider- convey property to the Greater Yuma Port Authority ation of H.R. 1800, to amend the Violent Crime of Yuma County, Arizona, for use as an international Control and Law Enforcement Act of 1994 to ensure port of entry, with an amendment. (S. Rept. No. that certain information regarding prisoners is re- 106–481) ported to the Attorney General, and the bill was H. Con. Res. 89, recognizing the Hermann then passed, clearing the measure for the President. Monument and Hermann Heights Park in New Pages S9769±70 Ulm, Minnesota, as a national symbol of the con- ‘‘The United States Capitol’’ Publication: Senate tributions of Americans of German heritage. (S. agreed to S. Con. Res. 141, to authorize the printing Rept. No. 106–482) of copies of the publication entitled ‘‘The United S. 870, to amend the Inspector General Act of States Capitol’’ as a Senate document. Page S9770 1978 (5 U.S.C. App.) to increase the efficiency and Washington’s Farewell Address: Committee on accountability of Offices of Inspector General within Rules and Administration was discharged from fur- Federal departments, with an amendment in the na- ther consideration of S. Res. 360, to authorize the ture of a substitute. Pages S9700±01 printing of a document entitled ‘‘Washington’s Fare- Measures Passed: well Address’’, and the resolution was then agreed H–1B Nonimmigrant Visa: By 96 yeas to 1 nay to. Page S9770 (Vote No. 262), Senate passed S. 2045, to amend the Senate Rules and Manual Revisions: Committee Immigration and Nationality Act with respect to on Rules and Administration was discharged from H–1B nonimmigrant aliens, as amended. further consideration of S. Res. 361, to authorize the Pages S9643±57 printing of a revised edition of the Senate Rules and Visa Waiver: Senate passed H.R. 3767, to amend Manual, and the resolution was then agreed to. the Immigration and Nationality Act to make im- Page S9770 provements to, and permanently authorize, the visa Airport Security Improvement Act: Senate passed waiver pilot program under section 217 of such Act, S. 2440, to amend title 49, United States Code, to as amended. Page S9657 improve airport security, after agreeing to a com- Microenterprise for Self-Reliance Act: Committee mittee amendment in the nature of a substitute. on Foreign Relations was discharged from further Pages S9770±72 consideration of H.R. 1143, to establish a program Veterans Service Organizations Commemorative to provide assistance for programs of credit and other Stamp: Committee on Governmental Affairs was dis- financial services for microenterprises in developing charged from further consideration of S. Con. Res. October 3, 2000 CONGRESSIONAL RECORD — DAILY DIGEST D1021

70, requesting that the United States Postal Service Susan Ritchie Bolton, of Arizona, to be United issue a commemorative postage stamp honoring the States District Judge for the District of Arizona vice national veterans service organizations of the United Robert C. Broomfield, retired. States, and the resolution was then agreed to. Mary H. Murguia, of Arizona, to be United States Page S9772 District Judge for the District of Arizona vice a new U.S.S. Wisconsin Commemorative Stamp: Com- position created by Public Law 106–113, approved November 29, 1999. Pages S9657±81, S9785 mittee on Governmental Affairs was discharged from further consideration of S. Con. Res. 60, expressing Nominations Received: Senate received the fol- the sense of Congress that a commemorative postage lowing nominations: stamp should be issued in honor of the U.S.S. Wis- Richard A. Meserve, of Virginia, to be an Alter- consin and all those who served aboard her, and the native Representative of the United States of Amer- resolution was then agreed to. Pages S9772±73 ica to the Forty-fourth Session of the General Con- ference of the International Atomic Energy Agency. Abraham Lincoln Interpretative Center: Senate Phillip N. Bredesen, of Tennessee, to be a Mem- passed H.R. 3084, to authorize the Secretary of the ber of the National Commission on Libraries and In- Interior to contribute funds for the establishment of formation Science for a term expiring July 19, 2005. an interpretative center on the life and contributions Melvin C. Hall, of Oklahoma, to be United States of President Abraham Lincoln, after agreeing to a District Judge for the Western District of Oklahoma committee amendment. Page S9773 vice Ralph G. Thompson, retired. Page S9785 Wekiva Wild and Scenic River Act: Senate Messages From the House: Pages S9699±S9700 passed H.R. 2773, to amend the Wild and Scenic Measures Referred: Page S9700 Rivers Act to designate the Wekiva River and its tributaries of Wakiwa Springs Run, Rock Springs Measures Placed on Calendar: Page S9700 Run, and Black Water Creek in the State of Florida Communications: Page S9700 as components of the national wild and scenic rivers Statements on Introduced Bills: Pages S9702±58 system, clearing the measure for the President. Additional Cosponsors: Pages S9758±59 Page S9773 Amendments Submitted: Pages S9761±68 Lincoln County Land Act: Senate passed H.R. 2752, to direct the Secretary of the Interior to sell Additional Statements: Pages S9693±99 certain public land in Lincoln County through a Enrolled Bills Presented: Page S9700 competitive process, clearing the measure for the Privileges of the Floor: Page S9768 President. Pages S9773±74 Record Votes: Two record votes were taken today. Utah West Desert Land Exchange Act: Senate (Total—263) Pages S9651, S9680 passed H.R. 4579, to provide for the exchange of certain lands within the State of Utah, clearing the Recess: Senate convened at 9:31 a.m., and recessed at 7:49 p.m., until 9:30 a.m., on Wednesday, Octo- measure for the President. Pages S9773±74 ber 4, 2000. (For Senate’s program, see the remarks Interior Appropriations—Conference Report: of the Acting Majority Leader in today’s Record on Senate began consideration of H.R. 4578, making page S9785.) appropriations for the Department of the Interior and related agencies for the fiscal year ending Sep- tember 30, 2001. Page S9683 Committee Meetings A unanimous-consent agreement was reached pro- (Committees not listed did not meet) viding for further consideration of the conference re- port on Wednesday, October 4, 2000. Page S9785 NOMINATION Nominations Confirmed: Senate Confirmed the fol- Committee on Armed Services: Committee concluded lowing nominations: hearings on the nomination of Robert B. Pirie, Jr., By unanimous vote of 95 yeas (Vote No. EX. of Maryland, to be Under Secretary of the Navy, 263), James A. Teilborg, of Arizona, to be United after the nominee testified and answered questions in States District Judge for the District of Arizona vice his own behalf. a new position created by Public Law 106–113, ap- proved November 29, 1999. INTERNET PRIVACY Michael J. Reagan, of Illinois, to be United States Committee on Commerce, Science, and Transportation: District Judge for the Southern District of Illinois. Committee concluded hearings on S. 809, to require D1022 CONGRESSIONAL RECORD — DAILY DIGEST October 3, 2000 the Federal Trade Commission to prescribe regula- WEN HO LEE INVESTIGATION tions to protect the privacy of personal information Committee on the Judiciary: Subcommittee on Admin- collected from and about private individuals who are istrative Oversight and the Courts resumed oversight not covered by the Children’s Online Privacy Protec- hearings to examine certain decisions that were made tion Act of 1998 on the Internet, to provide greater in the investigation and prosecution of the Wen Ho individual control over the collection and use of that Lee case, receiving testimony from Stephen M. information, S. 2606, to protect the privacy of Younger, Associate Laboratory Director for Nuclear American consumers, and S. 2928, to protect the Weapons, John Richter, Consultant, and Ron Wil- privacy of consumers who use the Internet, after re- kins, Computer Network Specialist, all of the Los ceiving testimony from Scott Cooper, Hewlett-Pack- Alamos National Laboratory, Department of Energy; ard Company, and Marc Rotenberg, Electronic Pri- Robert S. Vrooman, Bozeman, Montana, former vacy Information Center, both of Washington, D.C.; Chief, Los Alamos National Lab Counterintelligence; George Vradenberg III, America Online, Dulles, and Notra Trulock III, Falls Church, Virginia, Virginia; Paul Rubin, Emory University, Atlanta, former Director of Intelligence, Department of En- Georgia; and Simson Garfinkel, Cambridge, Massa- ergy. chusetts. Hearings recessed subject to call. ENVIRONMENTAL THREAT ASSESSMENT OFFICE OF JUSTICE PROGRAMS Committee on Environment and Public Works: Com- Committee on the Judiciary: Subcommittee on Youth mittee concluded oversight hearings to examine the Violence concluded oversight hearings to examine Environmental Protection Agency’s use of compara- the financial and performance accountability of the tive assessment to evaluate and compare risks posed Office of Justice Programs in preventing and con- by certain environment threats, and EPA’s Science trolling illegal drug use, particularly among young Advisory Board report on EPA’s method for com- people, after receiving testimony from Mary Lou paring risk, focusing on lessons learned from the ap- Leary, Acting Assistant Attorney General, Office of plication of comparative risk analysis in defining Justice Programs, Department of Justice; Judge Mi- strategic goals for the environment and setting prior- chael E. McMaken, District Court of Alabama, Mo- ities at the Federal, State, and local level, after re- bile; Associate Judge Richard S. Gebelein, Superior ceiving testimony from Al McGartland, Assistant Court of Delaware, Wilmington; Steven Belenko, Administrator, Office of Policy, Economics, and In- Columbia University National Center on Addiction novation, Environmental Protection Agency; Peter F. and Substance Abuse, New York, New York; and Guerrero, Director, Environmental Protection Issues, John S. Goldkamp, Temple University, Philadelphia, Resources, Community, and Economic Development Pennsylvania. Division, General Accounting Office; Katherine LOW INCOME HOME ENERGY ASSISTANCE Hartnett, New Hampshire Comparative Risk PROGRAM Project, Concord; Michael J. Pompili, Columbus Committee on Health, Education, Labor, and Pensions: Health Department, Columbus, Ohio; J. Clarence Committee concluded hearings to examine issues re- Davies, Resources for the Future, Washington, D.C.; lating to the energy crisis and high fuel cost impact and Elizabeth L. Anderson, Sciences International, on low-income families, the effectiveness of the Low Inc., Alexandria, Virginia. Income Home Energy Assistance Program (LIHEAP) to provide heating assistance to those in need, and PERFORMANCE MANAGEMENT IN THE a proposed increase in LIHEAP funding, after receiv- DISTRICT OF COLUMBIA ing testimony from Olivia A. Golden, Assistant Sec- Committee on Governmental Affairs: Subcommittee on retary of Health and Human Services for Children Oversight of Government Management, Restruc- and Families; Richard H. Moffi, Vermont Agency of turing and the District of Columbia concluded hear- Human Services, Waterbury; Jerry McKim, Iowa ings to examine the progress and challenges of per- Department of Human Rights, Des Moines; John formance management in the District of Columbia, Howat, National Consumer Law Center, Boston, after receiving testimony from J. Christopher Mihm, Massachusetts; Mark Seetin, New York Mercantile Director, Strategic Issues, General Accounting Of- Exchange, Washington, D.C.; Callie Parker, Little fice; and Mayor Anthony A. Williams, and Deputy- Deer Isle, Maine; and Cathy Duncan, Johnson, Mayor John Koskinen, both of Washington, D.C. Vermont. October 3, 2000 CONGRESSIONAL RECORD — DAILY DIGEST D1023 House of Representatives for the fiscal year ending September 30, 2001 by a Chamber Action yea and nay vote of 348 yeas to 69 nays, Roll No. Bills Introduced: 16 public bills, H.R. 5360–5375; 507. Pages H8649±57 1 private bill, H.R. 5376 and; 4 resolutions, H. H. Res. 603, the rule that waived points of order Con. Res. 416, and H. Res. 606–608, were intro- against the conference report was agreed to by a yea duced. Page H8735 and nay vote of 354 yeas to 65 nays, Roll No. 506. Reports Filed: Reports were filed today as follows. Pages H8641±49 H.R. 3850, to amend the Communications Act of Further Continuing Appropriations: The House 1934 to promote deployment of advanced services passed H.J. Res. 110, making further continuing ap- and foster the development of competition for the propriations for the fiscal year 2001 by a yea and benefit of consumers in all regions of the nation by nay vote of 415 yeas to 1 nay, Roll No. 509. relieving unnecessary burdens on the Nation’s two Pages H8659±63 percent local exchange telecommunications carriers, H. Res. 604, the rule that provided for consider- amended (H. Rept. 106–926); ation of the joint resolution was agreed to by voice H.R. 1293, to amend title 46, United States vote. Pages H8658±59 Code, to provide equitable treatment with respect to State and local income taxes for certain individuals Suspensions: The House agreed to suspend the rules who perform duties on vessels (H. Rept. 106–927, and pass the following measures: Pt. 1); Conveyance of Property to Carl Vinson VA Med- H.R. 4721, to provide for all right, title, and in- ical Center, Dublin, Georgia.H.R. 5139, to provide terest in and to certain property in Washington for the conveyance of certain real property at the County, Utah, to be vested in the United States, Carl Vinson Department of Veterans Affairs Medical amended (H. Rept. 106–928); Center, Dublin, Georgia; Pages H8630±31 H.R. 4828, to designate wilderness areas and a co- operative management and protection area in the vi- Participation by Reservists in Funeral Honor cinity of Steens Mountain in Harney County, Or- Guards for Veterans: H.R. 284, amended, to egon, amended (H. Rept. 106–929, Pt. 1); and amend title 38, United States Code, to require em- H. Res. 609, providing for consideration of H.R. ployers to give employees who are members of a re- 4828, to designate wilderness areas and a cooperative serve component a leave of absence for participation management and protection area in the vicinity of in an honor guard for a funeral of a veteran; Steens Mountain in Harney County, Oregon (H. Pages H8631±34 Rept. 106–930). Pages H8734±35 Importance of Efforts in the Fight Against Recess: The House recessed at 9:50 a.m. and recon- Breast Cancer: H. Res. 278, expressing the sense of the House of Representatives regarding the impor- vened at 10 a.m. Page H8626 tance of education, early detection and treatment, Private Calendar: On the call of the Private Cal- and other efforts in the fight against breast cancer endar, the House passed the following private bills: (agreed to by a yea and nay vote of 420 yeas with H.R. 3414, for the relief of Luis A. Leon-Molina, none voting ‘‘nay’’, Roll No. 508); Ligia Padron, Juan Leon Padron, Rendy Leon Pages H8634±38, H8657±58 Padron, Manuel Leon Padron, and Luis Leon Padron; Page H8627 Significance of Cervical Cancer Public Aware- H.R. 3184, for the relief of Zohreh Farhang ness: H. Con. Res. 64, recognizing the severity of the issue of cervical health; Pages H8638±40 Ghahfarokhi; Page H8627 H.R. 848, for the relief of Sepandan Farnia and Disaster Mitigation: H. Res. 607, providing for Farbod Farnia; Page H8627 the concurrence by the House with an amendment H.R. 5266, for the relief of Saeed Rezai; and in the Senate amendment to H.R. 707, to amend the Pages H8627±28 Robert T. Stafford Disaster Relief and Emergency S. 302, for the relief of Kerantha Poole-Christian Assistance Act to authorize a program for predisaster clearing the measure for the President. Page H8628 mitigation, to streamline the administration of dis- Interior and Related Agencies Appropriations aster relief, to control the Federal costs of disaster as- Conference Report: The House agreed to the con- sistance; Pages H8663±73 ference report on H.R. 4578, making appropriations Needlestick Safety and Prevention: H.R. 5178, for the Department of Interior and related agencies amended, to require changes in the bloodborne D1024 CONGRESSIONAL RECORD — DAILY DIGEST October 3, 2000 pathogens standard in effect under the Occupational Truth in Regulating: S. 1198, to amend chapter Safety and Health Act of 1970; Pages H8673±80 8 of title 5, United States Code, to provide for a re- Portable Skills Training: H.R. 4216, amended, port by the General Accounting Office to Congress to amend the Workforce Investment Act of 1998 to on agency regulatory actions—clearing the measure authorize reimbursement to employers for portable for the President; Pages H8706±10 skills training. Agreed to amend the title; Acquisition of Certain Property in Washington Pages H8680±82 County, Utah: H.R. 4721, amended, to provide for Independent Telecommunications Consumer En- all right, title, and interest in and to certain prop- hancement: H.R. 3850, amended, to amend the erty in Washington County, Utah, to be vested in Communications Act of 1934 to promote deploy- the United States; Pages H8710±11 ment of advanced services and foster the develop- Women’s Public College and University Historic ment of competition for the benefit of consumers in Building Preservation Grants: H.R. 4503, amend- all regions of the nation by relieving unnecessary ed, to provide for the preservation and restoration of burdens on the Nation’s two percent local exchange historic buildings at historically women’s public col- telecommunications carriers; Pages H8682±86 leges or universities; Pages H8711±13 Prevention and Early Detection of Colon Can- Salt River Pima-Maricopa Indian Community cer: H. Con. Res. 133, recognizing the severity of Ownership of Reservation Irrigation Works: H.R. the disease of colon cancer, the preventable nature of 2820, to provide for the ownership and operation of the disease, and the need for education in the areas the irrigation works on the Salt River Pima-Mari- of prevention and early detection; Pages H8686±88 copa Indian Community’s reservation in Maricopa Fairness and Voluntary Arbitration: H.R. 534, County, Arizona, by the Salt River Pima-Maricopa amended, to amend chapter 1 of title 9 of the Indian Community; Pages H8713±17 United States Code to permit each party to certain Frederick Douglass National Memorial and contracts to accept or reject arbitration as a means Gardens, Anacostia, Washington, D.C.: H.R. of settling disputes under the contracts. Agreed to 5331, to authorize the Frederick Douglass Gardens, amend the title; Pages H8688±90 Inc., to establish a memorial and gardens on Depart- Strengthening Abuse and Neglect Court Grants: ment of the Interior lands in the District of Colum- S. 2272, to improve the administrative efficiency and bia or its environs in honor and commemoration of effectiveness of the Nation’s abuse and neglect courts Frederick Douglass; Pages H8717±20 and for other purposes consistent with the Adoption El Camino Real de Tierra Adentro National and Safe Families Act of 1997—clearing the measure Historic Trail: S. 366, to amend the National Trails for the President; Pages H8690±94 System Act to designate El Camino Real de Tierra Adentro as a National Historic Trail clearing the Increased Penalties for Smugglers Trafficking in measure for the President; Pages H8720±21 Human Beings: H.R. 238, amended, to amend sec- tion 274 of the Immigration and Nationality Act to Conveyance of Facilities to the Northern Colo- impose mandatory minimum sentences, and increase rado Water Conservancy: H.R. 4389, amended, to certain sentences, for bringing in and harboring cer- direct the Secretary of the Interior to convey certain tain aliens and to amend title 18, United States water distribution facilities to the Northern Colorado Code, to provide enhanced penalties for persons com- Water Conservancy District; Page H8721 mitting such offenses while armed penalties for per- Regarding the Russian Sale of Moskit Missiles sons committing such offenses while armed. Agreed to China: H.R. 4022, amended, regarding the sale to amend the title; Pages H8694±97 and transfer of Moskit anti-ship missiles by the Rus- Child Sex Crimes Wiretapping: H.R. 3484, sian Federation; and Pages H8724±26 amended, to amend title 18, United States Code, to Importance of Taiwan’s Participation in the provide that certain sexual crimes against children United Nations: H. Con. Res. 390, amended, ex- are predicate crimes for the interception of commu- pressing the sense of the Congress regarding Tai- nications; Pages H8697±99 wan’s participation in the United Nations. Agreed to American Competitiveness in the Twenty-first amend the title. Pages H8726±28 Century: S. 2045, to amend the Immigration and Suspension—Proceedings Postponed: The House Nationality Act with respect to H–1B non- completed debate on the motion to suspend the rules immigrant aliens—clearing the measure for the and pass the following measure. Further proceedings President; Pages H8699±H8706 were then postponed: October 3, 2000 CONGRESSIONAL RECORD — DAILY DIGEST D1025 American War Veterans Oral History Program: COUNTERFEIT BULK DRUGS H.R. 5212, amended, to direct the American Committee on Commerce: Subcommittee on Oversight Folklife Center at the Library of Congress to estab- and Investigations held a hearing on counterfeit bulk lish a program to collect video and audio recordings drugs and related concerns.. Testimony was heard of personal histories and testimonials of American from Jane E. Henney, M.D., Commissioner, FDA, war veterans; Pages H8721±24 Department of Health and Human Services; Ray- Committee Election: The House agreed to H. Res. mond Kelly, Commissioner, U.S. Customs Service, 608, electing Representative Martinez to the Com- Department of the Treasury; Patricia L. Maher, Dep- mittee on Transportation and Infrastructure and uty Assistant Attorney General, Civil Division, De- Representative Wilson to the Committee on Armed partment of Justice; and a public witness. Services. Page H8728 INJURED FEDERAL WORKERS Recess: The House recessed at 10 p.m. and recon- Committee on Education and the Workforce, Sub- vened at 11:17 p.m. Page H8734 committee on Workforce Protections held a hearing Senate Messages: Messages received from the Senate on Injured Federal Workers on Hold: Customer today appear on pages H8626–27 and H8663. Communications at DOL’s Office of Workers’ Com- Amendments: Amendment ordered printed pursu- pensation Programs. Testimony was heard from the ant to the rule appears on pages H8736–41. following officials of the Department of Labor: Shel- Quorum Calls Votes: Four yea-and-nay votes devel- by Hallmark, Acting Director, Office of Workers’ oped during the proceedings of the House today and Compensation Programs, Employment Standards Ad- appear on pages H8648–49, H8657, H8658, and ministration; and Patricia A. Dalton, Acting Inspec- H8662–63. There were no quorum calls. tor General; Michael Brostek, Director, Tax Admin- istration and Justice, GAO. Adjournment: The House met at 9 a.m. and ad- journed at 11:18 p.m. ANTHRAX VACCINE IMMUNIZATION PROGRAM Committee on Government Reform: Held a hearing on Committee Meetings the Anthrax Vaccine Immunization Program—What IRS—ELECTRONIC TAX ADMINISTRATION Have We Learned? Testimony was heard from Rep- resentative Metcalf; Mark Elengold, Deputy Direc- Committee on Appropriations: Subcommittee on Treas- tor, Operations, FDA’s Center for Biologics Evalua- ury, Postal Service and General Government held a tion and Research, Department of Health and hearing on IRS-Electronic Tax Administration. Tes- Human Services; the following officials of the De- timony was heard from Charles Rossotti, Director, partment of Defense: Charles Cragin, Principal Dep- IRS, Department of the Treasury; and public wit- uty Assistant Secretary, Reserve Affairs; Col. Arthur nesses. Friedlander, USA, Senior Military Scientist, Medical FARM CREDIT ADMINISTRATION’S Branch, Institute of Infectious Diseases; Jarrett Clin- NATIONAL CHARTER INITIATIVE ton, Acting Assistant Secretary, Health Affairs; Anna Johnson-Winegar, Deputy Assistant to the Secretary Committee on Banking and Financial Services: Held a (Chemical-Biological Defense); and Senior Airman hearing on the Farm Credit Administration’s Na- Thomas J. Collosimo, USAF; and public witnesses. tional Charter Initiative. Testimony was heard from Michael M. Reyna, Chairman and CEO, Farm Credit MISCELLANEOUS MEASURES Administration; and public witnesses. Committee on International Relations: Ordered reported, as amended, H. Res. 596, calling upon the President EPA—ROLE OF OMBUDSMAN ADDRESSING to ensure that the foreign policy of the United States CONCERNS OF LOCAL COMMUNITIES reflects appropriate understanding and sensitivity Committee on Commerce: Subcommittee on Finance and concerning issues related to human rights, ethnic Hazardous Materials and the Subcommittee on cleansing, and genocide documented in the United Health and Environment held a joint hearing on the States record relating to the Armenian Genocide. Role of the EPA Ombudsman in Addressing Con- The Committee also favorably considered the fol- cerns of Local Communities. Testimony was heard lowing measures and adopted a motion urging the from the following officials of the EPA: Robert Mar- Chairman to request that they be considered on the tin, Ombudsman; Tim Fields, Assistant Adminis- Suspension Calendar; H. Res. 577, amended, to trator, Office of Solid Waste and Emergency Re- honor the United Nations High Commissioner for sponse; and public witnesses. Refugees (UNHCR) for its role as a protector of the D1026 CONGRESSIONAL RECORD — DAILY DIGEST October 3, 2000 world’s refugees, to celebrate UNHCR’s 50th anni- who have pre-printed their amendments in the Con- versary, and to praise the High Commissioner gressional Record. The rule allows the Chairman of Sadako Ogata for her work with UNHCR for the the Committee of the Whole to postpone votes dur- past ten years; H. Con. Res. 397, amended, voicing ing consideration of the bill, and to reduce voting concern about serious violations of human rights and time to five minutes on a postponed question if the fundamental freedoms in the most states of Central vote follows a fifteen minute vote. Finally, the rule Asia, including substantial noncompliance with their provides one motion to recommit, with or without Organization for Security and Cooperation in Europe instructions. Testimony was heard from Representa- (OSCE) commitments on democratization and the tive Walden of Oregon. holding of free and fair elections; S. 2682, to author- VA—CHIROPRACTIC SERVICES ize the Broadcasting Board of Governors to make available to the Institute for Media Development Committee on Veterans’ Affairs: Subcommittee on certain materials of the Voice of America; H. Con. Health held a hearing on Chiropractic Services in the Res. 404, calling for the immediate release of Mr. VA. Testimony was heard from Frances M. Murphy, Edmond Pope from prison in the Russian Federation M.D., Acting Deputy Under Secretary, Health, Vet- of Humanitarian reasons; S. 1453, amended, Sudan erans Health Administration, Department of Vet- Peace Act; H. Res. 588, amended, expressing the erans Affairs; Rear Adm. Michael L. Cowan, U.S.N., sense of the House of Representatives with respect to Deputy Executive Director and CEO, TRICARE violations in Western Europe of provisions of the Management Activity, Office of the Assistant Sec- Helsinki Final Act and other international agree- retary, Health Affairs, Department of Defense; and ments relating to the freedom of individuals to pro- public witnesses. fess and practice religion or belief; H. Con. Res. MEDICARE REFINEMENT AND BENEFIT 414, amended, relating to the reestablishment of IMPROVEMENT ACT representative government in Afghanistan; H. Con. Res. 410, condemning the assassination of Father Committee on Ways and Means: Subcommittee on John Kaiser and others who worked to promote Health approved for full Committee action, as human rights and justice in the Republic of Kenya; amended, the Medicare Refinement and Benefit Im- H. Con. Res. 361, amended, commending the Re- provement Act of 2000. public of Benin; and H.Con.Res. 382, amended, call- FLEXIBLE FUNDING FOR CHILD ing on the government of Azerbaijan to hold free PROTECTION ACT and fair parliamentary elections in November, 2000. Committee on Ways and Means: Subcommittee on MISCELLANEOUS MEASURES Human Resources held a hearing on H.R. 5292, Committee on the Judiciary: Subcommittee on Immi- Flexible Funding for Child Protection Act of 2000. gration and Claims approved for full Committee ac- Testimony was heard from Kathleen A. Kearney, tion the following: H.R. 5285; amended, Serious Secretary, Department of Children and Families, Human Rights Abusers Accountability Act of 2000; State of Florida; and public witnesses. three original measures amending the Immigration BRIEFING GLOBAL HOT SPOTS and Nationality Act; and requests for INS reports for private relief bills. Permanent Select Committee on Intelligence: Met in execu- tive session to receive a briefing on Global Hot STEENS MOUNTAIN OREGON WILDERNESS Spots. The Committee was briefed by departmental ACT witnesses. Committee on Rules: Granted by voice vote an open rule providing one hour of general debate on H.R. Joint Meetings 4828, to designate wilderness areas and a cooperative management and protection area in the vicinity of APPROPRIATIONS—AGRICULTURE Steens Mountain in Harney County, Oregon, equally Conferees met to resolve the differences between the divided between the chairman and ranking minority Senate and House passed versions of H.R. 4461, member of the Committee on Resources. The rule making appropriations for Agriculture, Rural Devel- waives all points of order against consideration of the opment, Food and Drug Administration and Related bill. The rule makes in order as an original bill for Agencies programs for the fiscal year ending Sep- the purpose of amendment the Walden amendment tember 30, 2001, but did not complete action there- in the nature of a substitute printed in the Congres- on, and recessed subject to call. sional Record and numbered 1, which shall be open APPROPRIATIONS—TRANSPORTATION for amendment at any point. The rule authorizes the Conferees agreed to file a conference report on the Chair to accord priority in recognition to Members differences between the Senate and House passed October 3, 2000 CONGRESSIONAL RECORD — DAILY DIGEST D1027 versions of H.R. 4475, making appropriations for House the Department of Transportation and related agen- Committee on Agriculture, hearing to review wildlife risks cies for the fiscal year ending September 30, 2001. on federal lands, 10 a.m., 1300 Longworth. f Committee on Commerce, Subcommittee on Finance and Hazardous Materials, hearing on lost Security Holders: NEW PUBLIC LAWS Reuniting Security Holders with their Investments, 10 (For last listing of Public Laws, see DAILY DIGEST, p. D1013) a.m., 2322 Rayburn. S. 1638, to amend the Omnibus Crime Control Committee on Education and the Workforce, Subcommittee and Safe Streets Act of 1968 to extend the retro- on Oversight and Investigations, hearing on Safety in active eligibility dates for financial assistance for Study Abroad Programs, 10:30 a.m., 2175 Rayburn. Committee on Government Reform, Subcommittee on Civil higher education for spouses and dependent children Service, hearing on Oversight of Wage—Grade Pay in of Federal, State, and local law enforcement officers Georgia and Oklahoma, 10 a.m., 2203 Rayburn. who are killed in the line of duty. Signed October Subcommittee on Criminal Justice, Drug Policy and 2, 2000. (P.L. 106–276) Human Resources, hearing on Anti-Drug Media Cam- S. 2460, to authorize the payment of rewards to paign: Program and Contract Accountability and Admin- individuals furnishing information relating to per- istration, 10 a.m., 2154 Rayburn. sons subject to indictment for serious violations of Committee on International Relations, hearing to review international humanitarian law in Rwanda. Signed the Policy Blueprint for Approving U.N. Peacekeeping October 2, 2000. (P.L. 106–277) Missions, 10 a.m., 2172 Rayburn. f Committee on the Judiciary, Subcommittee on Crime, hearing on H.R. 469, Jeremy and Julia’s Law, 1:30 p.m., COMMITTEE MEETINGS FOR 2237 Rayburn. WEDNESDAY, OCTOBER 4, 2000 Committee on Resources, hearing on H.R. 4751, Puerto Rico-United States Bilateral Pact of Non-Territorial Per- (Committee meetings are open unless otherwise indicated) manent Union and Guaranteed Citizenship Act, 11 a.m., Senate 1324 Longworth. Committee on Commerce, Science, and Transportation: to Committee on Science, hearing on Intolerance at EPA- hold oversight hearings to review the findings and rec- Harming People, Harming Science? 10 a.m., 2318 Ray- ommendations of the Interagency Commission on Crime burn. and Security in U.S. Seaports, 9:30 a.m., SR–253. Subcommittee on Basic Research, hearing on Committee on Health, Education, Labor, and Pensions: to Benchmarking U.S. Science: What Can It Tell Us? 2:30 hold hearings to examine health care coverage issues, 9:30 p.m., 2318 Rayburn. a.m., SD–430. Committee on Indian Affairs: to hold hearings to examine Joint Meetings alcohol and law enforcement in Alaska, 9:30 a.m., Conference: meeting of conferees on H.R. 3244, to com- SD–366. bat trafficking of persons, especially into the sex trade, Select Committee on Intelligence: to hold closed hearings on slavery, and slavery-like conditions in the United States pending intelligence matters, 2:30 p.m., SH–219. and countries around the world through prevention, Committee on Small Business: to hold hearings on U.S. through prosecution and enforcement against traffickers, Forest Service issues relating to small business, 9:30 a.m., and through protection and assistance to victims of traf- SR–428A. ficking, 3:30 p.m., S–116, Capitol. D1028 CONGRESSIONAL RECORD — DAILY DIGEST October 3, 2000

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Wednesday, October 4 10 a.m., Wednesday, October 4

Senate Chamber House Chamber Program for Wednesday: Senate will continue consider- Program for Wednesday: Consideration of H.R. 4828, ation of the Conference Report on H.R. 4578, Interior Steens Mountain Wilderness Act (open rule, one hour of Appropriations. debate); Motion to go to conference on H.R. 820, Coast Guard Authorization; Motion to go to conference on S. 835, Estuary Habitat and Chesapeake Bay Restoration; and Motion to go to conference on H.R. 4942, District of Columbia Appropriations, 2001.

Extensions of Remarks, as inserted in this issue

HOUSE Farr, Sam, Calif., E1652 Rogers, Harold, Ky., E1654 Fletcher, Ernie, Ky., E1655 Smith, Christopher H., N.J., E1653 Ackerman, Gary L., N.Y., E1653 McCarthy, Carolyn, N.Y., E1655 Stark, Fortney Pete, Calif., E1655 Barr, Bob, Ga., E1655 McInnis, Scott, Colo., E1651 Stump, Bob, Ariz., E1654 Boucher, Rick, Va., E1651 Mink, Patsy T., Hawaii, E1652 Thompson, Mike, Calif., E1652 Dingell, John D., Mich., E1654 Morella, Constance A., Md., E1655 Towns, Edolphus, N.Y., E1652 Everett, Terry, Ala., E1654 Oberstar, James L., Minn., E1656 Woolsey, Lynn C., Calif., E1652

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